The government used its majority to reject the Lords’ wrecking amendments. The Lords then accepted the government’s rejection on all but six of their amendments: amendments which go to the heart of the new pro-worker legislation.
Anyone sitting through the TV coverage of the debates in the Lords will have quickly worked out how out of touch many of the Tory Lords and their allies in the Lib Dems are with the current world of work.
With polls showing the popularity of proposed protections for workers and businesses, their lordships plough on, still trying to save a scintilla of their amendments.
According to the Institute of Employment Rights, the amendments referred back to the Commons relate to the right to guaranteed hours, seasonal work, unfair dismissal, trade union political funds, and the threshold for industrial action.
Amendment criteria ‘ping-pong’
The right to guaranteed hours: The Lords originally amended the bill to make the right to guaranteed hours a right for employees to request, rather than a duty on employers to offer. The Commons disagreed. The Lords did not insist on their original amendment, but instead proposed an alternative allowing workers who have been offered and have refused guaranteed hours to indicate that they do not wish to receive further offers.
Seasonal work: The Lords amended the bill to introduce a definition of seasonal work and to require the Secretary of State to have regard to its specific characteristics and requirements. The Commons disagreed. The Lords did not insist on their original amendment, but proposed an alternative that still defines seasonal work and requires it to be taken into account, while also allowing the Secretary of State to amend the definition through regulations.
The Lords insist on their original amendments in three areas
Unfair dismissal: The Lords amended the bill to replace the government’s proposal to abolish the two-year qualifying period for unfair dismissal. The proposed reduction was from two years to six months. The Commons disagreed, and the Lords have now insisted on their original amendment.
Trade union political funds: The Lords amended the bill to replace the clause allowing trade union members to opt out of political fund contributions. They replaced it with a requirement that members must opt in. The Commons disagreed, and the Lords have now insisted on their original amendment.
Threshold for industrial action: The Lords amended the bill to reinstate the requirement that at least 50% of eligible trade union members must vote in favour of industrial action. The Commons disagreed and the Lords have insisted on their original amendment.
The focus on protection from unfair dismissal
The main focus of attack from the Lords has been on the protection from unfair dismissal as a day-one right. It has been under significant and sustained attack over the past few weeks.
During the debate, Labour’s Ian Lavery pointed out that: “Some 73% of employers support giving employees protection from unfair dismissal – the day one rights – according to the Institute for Public Policy Research and TUC research, and 83% of managers agree that improved workers’ rights can and do positively impact on workplace productivity.”
Also during the debate, Employment Rights Minister, Kate Dearden, a former trade union official, now leading for the government, restated the government’s position: “We remain committed to delivering unfair dismissal protections from day one – not two years, not six months, but day one. We will ensure that about nine million employees who have worked for their employer for less than two years are protected from being arbitrarily fired.”
E-balloting thresholds for industrial action
Another issue is e-balloting thresholds in industrial action ballots.
Dearden issued an explanation, stating: “We recognise that this issue has generated debate, which is why the government have tabled an amendment in lieu that will require the Secretary of State to have regard to any effects of the introduction of electronic balloting on the proportion of those entitled to vote in industrial action ballots who actually do so. We have previously committed to aligning the removal of the threshold with the establishment of e-balloting as an option for trade unions. This amendment gives statutory effect to that commitment and makes it explicit in the underlying legislation. In having regard to the effects of e-balloting, the government will monitor and assess the practical impacts of e-balloting on participant rates and the 50% threshold.”
The bill is due to return to the Lords on the 14 November, where peers will no doubt once again consider the Commons’ reasons for disagreement.
