Contribution
My Lords, in moving Motion G, I will also speak to Motions M and M1. In this group we will debate amendments relating to the right to be accompanied and trade union industrial action ballots. I will take these in turn, to outline the Government’s belief that these amendments are unnecessary.
I will first speak to Motion G, relating to Amendment 47, and Motion G1, relating to the amendment in lieu tabled by the noble Lord, Lord Fox. I thank the noble Lord for his interest in this matter.
The Government believe that the existing statutory framework on the right to be accompanied works well. It allows workers to be accompanied at disciplinary and grievance hearings by a fellow worker or a trade union representative or official. This approach ensures that workplace disputes are more generally dealt with internally, with only people who work for the employer or who have a close relationship with the employer having a legal right to attend. This means that the conversation happens in a less formal setting, which helps the open dialogue that is often needed to resolve disputes.
Employers are free to allow workers to bring other people with them to these meetings if they wish and deem it appropriate. Indeed, some workers may have a contractual right to be accompanied by persons other than those listed—for instance, a professional support body, partner, spouse or legal representative. But legislating to introduce certified professional companions to the list of people who can accompany workers to these meetings could create additional complexity.
I am grateful to the noble Lord for tabling his amendment in lieu, which, instead of seeking to change the law on right to be accompanied, seeks for the current law to be reviewed to see whether any changes are appropriate. I am happy, today, to commit to a review of the relevant legislation to allow the Government to consider this issue in further detail. I hope that provides sufficient reassurance to the noble Lord and I ask him not to press his amendment.
I will now speak to Motion M, regarding Amendment 62, and Motion M1, insisting on this amendment, tabled by the noble Lord, Lord Sharpe of Epsom. The Government are clear that we want to foster a new partnership of co-operation between trade unions, employers and the Government, putting us in line with other economies that already benefit from more co-operation and less disruption. This is why, as set out in our manifesto, we are repealing the Trade Union Act 2016—an Act which only makes it harder for unions to engage in the bargaining and negotiation that settles disputes.
The existence of the 50% turnout threshold for industrial action ballots is not in line with the Government’s intention to create a positive and modern framework for trade union legislation that delivers productive, constructive engagement, reduces bureaucratic hurdles and respects unions’ democratic mandate. As the period of disruption between 2022 and 2024 has shown, bureaucratic hurdles only make it harder for unions to engage in the bargaining and negotiation that settles disputes. Some 2.7 million working days were lost to strike action in 2023, up from 2.5 million in 2022. These were the highest annual numbers of working days lost to strikes since 1989, all while the 50% threshold was in place. Indeed, as was mentioned in the previous stages of the Bill, the 50% threshold is a high bar not consistent with other democratic decision-making. Votes in Parliament, and elections for MPs and local councillors, do not normally include any turnout threshold, but are not therefore considered less legitimate. Further, local elections are contested with a turnout below 50%.
Those who oppose industrial action are free to vote against it in a ballot and will have their voice heard. The date for repeal of the 50% threshold will be set out in regulations in future, with the intention, with good reason—I notice my noble brother opposite has made a comment—that this is aligned with the establishment of e-balloting as an option for trade unions. I hope that that will encourage greater participation than that provided by the existing statutory arrangements for postal ballots. Together with the delivery of modern and secure workplace balloting, the intention is that this will ensure that industrial action mandates have broad and demonstrable support.
Once again, I am grateful to noble Lords for the contributions they have made throughout the Bill’s passage. I hope your Lordships agree that a healthy relationship between workers and employers, where disputes can be resolved constructively within organisations, can be achieved through strong unions and the measures set out in the Bill. I hope noble Lords agree to the Motion before them. I beg to move.
Motion G1 (as an amendment to Motion G)