Justin Madders
MP for Ellesmere Port and Bromborough · Labour · United Kingdom
“Friend the Member for Dunstable and Leighton Buzzard asked about, will consider the points raised in this debate and whether any of them can be put into future updates to guidance. As was mentioned, good passenger information is central to standards.”
“As the roads Minister, I of course recognise the importance of bus stops and the important effect they have on the streetscape. My hon. Friend the Member for Dunstable and Leighton Buzzard made clear that she is passionate and informed about the importance of bus journeys to everyone.”
“Where responsibility for highways or individual assets sits elsewhere, close and effective working between the relevant authorities is essential. We expect local plans to join up services, infrastructure and passenger information, rather than treating them as separate issues. That will no doubt be music to the ears of my hon.”
“Our guidance encourages authorities to take a strategic approach to stops and interchanges, including keeping an inventory of infrastructure, identifying priorities for investment and setting locally appropriate standards for facilities and maintenance.”
“She is absolutely right that the quality of a bus stop is about more than accessibility, although of course accessibility is vital. Passengers notice whether a stop is easy to find and use, whether it offers shelter or seating where appropriate, whether it is clean, whether the surroundings feel safe and well maintained and, as we have di…”
“That approach reflects a simple principle: local transport authorities know their areas and are best placed to plan improvements across the whole local bus network. That is why the Department’s vision for buses, within an integrated transport system, puts local transport authorities at the centre of delivery.”
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“Our view was that the legislation was not required when it was introduced in 2016. There was no evidence at the time that there were issues with picketing, and there was already a code of practice in place to deal with abuse and intimidation on picket lines. Therefore, we believe that reverting to the pre-2016 position, when in most people’s opinion everything was working as it should, is an entirely reasonable move. Question put and agreed to. Clause 58 accordingly ordered to stand part of the Bill.”
“Of course the criminal law would still apply to pickets, just as it applies to everyone else, so no person involved in activities associated with pickets or organising pickets has any exemption from the provisions of the criminal law as it applies, for example, to prevent obstruction and preserve public order, or to regulate assemblies or demonstrations. There is already a relevant code of practice in place for that. Consequently, although I understand the points that the shadow Minister is making, I say to him that this issue will be dealt with in detail in a forthcoming consultation. I therefore ask him to withdraw his amendment.”
“He made some valid points and I am sure that we will discuss this issue again in future, because there is a need for us to clarify what is considered a detriment, for the reasons that I have outlined. Some of the examples that the shadow Minister gave are of things that are already catered for in the law. The protection from prescribed detriment only applies where the sole or main purpose of an act or a failure to act is to subject the worker to detriment, to prevent them from or penalise them for taking protective industrial action. For example, if a worker is subjected to detriment solely because, for example, they have damaged property, the protection would not apply. That is the existing position.”
“This will provide that a worker has the right not to be subject as an individual to detriment of a prescribed description by an act, or any deliberate failure to act, by their employer, if the act or failure to act takes place for the sole or main purpose of preventing or deterring the worker from taking protected industrial action, or penalising the worker for doing so. The prescribed detriments will be set out in secondary legislation following consultation, which will take place after the Bill gains Royal Assent. The shadow Minister made some interesting points in his speech. However, his amendment seeks to prejudge the consultation on this issue.”
“I think it would be helpful if I set out why we are seeking to address the issue of detriment within the Bill. The reason is that new section 236A of the Trade Union and Labour Relations (Consolidation) Act 1992 is required because of the Supreme Court’s ruling in April 2024 that section 146 of the 1992 Act is incompatible with article 11 of the European convention on human rights, because it fails to provide any protection against detriments intended to deter or penalise trade union members from taking part in lawful strike action organised by their union. Hopefully, Members will accept as a starting proposition that we cannot continue to be in breach of our international obligations under the ECHR. The intention is to rectify that situation by inserting new section 236A into part V of the 1992 Act.”
“My hon. Friend is correct. That is indeed the purpose of the—well, we will get to the clause stand part debate shortly, when we will hopefully deal with that issue. However, this measure is about dealing with a particular ECHR judgment. Therefore, as I say, I ask the shadow Minister to withdraw his amendment.”
“The clause also makes consequential amendments to sections 229 and 238B of the 1992 Act and sections 26 to 28 of and schedule 1 to the Employment Relations Act 2004. I commend the clauses to the Committee.”
“The worker will also be automatically regarded as unfairly dismissed if they are dismissed after the 12-week period but had stopped taking action before the end of that period or the employer had not taken reasonable steps to resolve the dispute. Industrial action is protected if it is official action for which the union has immunity under section 219 of the 1992 Act. Clause 60 amends section 238A of the 1992 Act so that protection against dismissal will apply whatever the length of the strike action. Should the employer wish to dismiss an employee as a result of a long-running protected industrial action, the dismissal would have to be for reasons other than participating in industrial action.”
“The approach taken in the Bill addresses the ruling by the Supreme Court and, once the relevant secondary legislation has been made, will ensure that our legislation is compatible with the ECHR and ensure that protections against some forms of detriment for trade union representatives and members extend to industrial action. Section 238A of the Trade Union and Labour Relations (Consolidation) Act currently provides that workers can claim unfair dismissal if they are dismissed for taking protected industrial action and the dismissal takes place within 12 weeks of the worker starting the industrial action. The strike action could be intermittent rather than continuous.”
“Employers will continue to be able to deduct pay from workers in proportion to hours taken by strike action. If a worker or former worker believes that they have been subject to a detriment by an employer in contravention of new section 236A, they may present a complaint to an employment tribunal within six months of the detriment occurring, or later if the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented within that time period. On complaint to the employment tribunal, it is for the employer to show what was the sole or main purpose for which the employer acted or failed to act. If the tribunal finds that the complaint is well-founded, it must make a declaration to that effect and may make an award of compensation to be paid by the employer.”
“New section 236A provides that a worker has the right not to be subject as an individual to detriment of a prescribed description by an act, or any deliberate failure to act, by the worker’s employer if the act or failure takes place for the sole or main purpose of preventing or deterring the worker from taking protected industrial action or penalising the worker for doing so. The prescribed detriments will be set out in secondary legislation following consultation, which will take place after Royal Assent of the Bill. I will write to the shadow Minister with further detail on that in due course. However, the power in the Bill enables the Secretary of State to prohibit all detriments in secondary legislation should that be the preferred approach following consultation.”
“We touched on this in our debate on the shadow Minister’s amendment. Clause 59 addresses the Supreme Court ruling made in April 2024 that section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 is incompatible with article 11 of the European convention on human rights, in so far as it fails to provide any protection against detriments intended to deter trade union members from or penalise them for taking part in lawful strike action organised by their union. Clause 59 therefore amends the 1992 Act by inserting new section 236A into part V of the Act.”
“That is not a state of affairs we want to defend. Question put and agreed to. Clause 59, as amended, accordingly ordered to stand part of the Bill. Clause 60 ordered to stand part of the Bill. Clause 61 Repeal of provision about minimum service levels Question proposed , That the clause stand part of the Bill.”
“Clearly, the further it is from the protected act and the dismissal, the harder it is to show that there is a connection, particularly, as will probably be the case for most dismissals that take place many months or years after the initial action, if there is an intervening event that causes the dismissal to take place. We do not want to get into the details of what those may be, but there are many intervening reasons why a dismissal might take place that have nothing to do with industrial action, but these are matters of law and fact for a tribunal to determine. We need to move away from a situation where we could have a particularly unscrupulous employer who wished to take advantage of the current law and seek to dismiss those who took part in industrial action 12 weeks and one day after that action had finished.”
“I will start by recognising the contribution of my hon. Friend the Member for Scarborough and Whitby; the reason we are debating this clause is the case of Fiona Mercer and the quest for justice that my hon. Friend highlights. I will try to put the shadow Minister’s mind at ease about lawyers’ charters. As a former employment lawyer, I stand in the peculiar position of not wanting to see matters go to tribunal if we can avoid it. If we can resolve things before they get to that stage, it is always better. His fears are misplaced about the likelihood of creative lawyers going back many months or even years to link a particular dismissal to a period of industrial action. There are many other potential claims that people can bring that relate to an act or something they may have done; whistleblowing is a very good example of that.”
“The assessment is hamstrung by the fact that the Act has never been implemented, so we are in some difficulty in seeing whether there was an impact from it. The analysis we undertook, however, included labour market and broader macroeconomic analysis, including sectoral analysis on industries providing essential services, potential influence on collective bargaining and dispute resolution processes, while also addressing the balance between employer needs and union representation. We want to reset the relationship with both employers and trade unions to resolve disputes through meaningful negotiations, and believe that the Act was a hindrance to doing so. I therefore ask the shadow Minister not to move his new clause or amendment.”
“I will now turn to new clause 27 and amendment 133, which were tabled by the hon. Member for Mid Buckingham- shire. The Government will not support his proposals, which unnecessarily ask for an assessment of the ability of essential public services to provide minimum service levels during industrial action, and to lay a report containing the findings before the House. The Government have already produced a comprehensive set of impact assessments, including an assessment covering the repeal of the Strikes (Minimum Service Levels) Act 2023. This was published alongside the Bill at Second Reading and is based on the best available evidence about the potential impact on business, workers and the wider economy.”
“As a result, our plan—it is a clear manifesto commitment—pledged to repeal the Act to give trade unions the freedom to organise, represent and negotiate on behalf of their workers. The clause amends the Trade Union and Labour Relations (Consolidation) Act 1992. Subsection (1) repeals provisions of the 1992 Act as inserted by section 1 of the Strikes Act, with sections 234B to 234G falling away. A number of further amendments are made by the clause to the 1992 Act to reverse other changes made by the Strikes Act. As a result, all associated powers, regulations, provisions and defined terms related to minimum service levels will also fall away. We want to reset the relationship with both employers and trade unions to resolve disputes through meaningful negotiations, and repealing the Strikes Act will help us to achieve that.”
“The clause seeks to repeal the Strikes (Minimum Service Levels) Act 2023, which provides powers for the Government to make regulations to set minimum service levels during strike action in some essential services. The previous Government introduced regulations to implement minimum service levels in rail, border security, fire and rescue, and ambulance services. No work notice, however, has ever been issued by an employer to require individuals to work to meet the minimum service level during strike action. This demonstrates the futility and misguided approach of the Act and I urge Members to support its repeal. Minimum service levels unduly restrict the right to strike and undermine good industrial relations.”
“Therefore, its repeal will have no impact on the issues the shadow Minister has raised. I commend the clause to the Committee. Question put and agreed to. Clause 61 accordingly ordered to stand part of the Bill. Clause 62 Annual returns: removal of provision about industrial action Question proposed, That the clause stand part of the Bill.”
“That is absolutely right. Indeed, there is potential criminal liability for those who do not. The evidence given by all at the time—including employers, who saw that the legislation was designed to drive a wedge between employers and trade unions—was that the existing voluntary arrangements worked and ensured that vital services were able to continue during periods of industrial action. The minimum service levels Act drove a coach and horses through decades of agreement and understanding about how sensitive issues were dealt with during periods of industrial action. The proof is in the pudding: the fact that the Act was never used by any of the organisations that were empowered to use it shows that it was simply a bad piece of legislation, done purely for cosmetic political purposes, and had no meaningful impact.”
“I understand the points that the shadow Minister has made, but they would carry rather more weight if we had seen the minimum service levels Act operate in practice. The reality is that not a single day of industrial action has been prevented as a result of that legislation. The Government’s own impact assessment at the time indicated that it would have a detrimental impact on industrial relations, and the increase in strike days in the past couple of years has proved that to be the case. It is also true that all the public sector bodies the shadow Minister referred to that are covered by the Act had voluntary arrangements in place to ensure that there was no endangerment to life. Trade unions and their members have and always will work with employers during periods of industrial action to ensure that life is not endangered.”
“It is not clear how the Certification Officer, in making decisions on whether a union or employer association has breached its statutory obligations, will act to advance the objectives of international competitiveness of the economy and its growth in the medium to long term. Hopefully the shadow Minister will set out how that would work in practice, because it is not obvious to me how the Certification Officer could take those factors into account when determining the statutory obligations that unions and employers’ associations have to observe under Acts of Parliament. For that reason, I ask him not to press his new clause, and I commend clauses 62 to 69 to the Committee.”
“Its statutory functions are to maintain lists of trade unions and employers’ associations; determine complaints from union members against their unions relating to alleged breaches of statutory duties and some other types of union rules; determine union independence; ensure that annual returns are made; supervise mergers, political fund ballots and members’ superannuation schemes; and investigate alleged financial irregularities and breaches in relation to trade union membership. The Certification Officer therefore has no locus in relation to industrial action and no role in making assessments of how unions and employers’ associations impact the economy. It has no economists or statisticians on its payroll. In view of the Certification Officer’s functions and role, the new clause is not appropriate.”
“As part of our repeal of the provisions of the Trade Union Act, we will be repealing the Certification Officer’s enhanced investigatory and enforcement powers and the levy imposed on trade unions and employers’ associations. As such, we will be returning the role much to what it was before the Trade Union Act was implemented. The Certification Officer’s primary role is to ensure that both unions and employers’ associations adhere to the statutory requirements in relation to their finances and governance that Parliament has decided they are required to observe.”
“New clause 44 would place a new duty on the Certification Officer, the regulator of trade unions and employers’ associations, by requiring it to advance the objectives of the international competitiveness of the economy and its growth over the medium to long term when carrying out its statutory functions. It is helpful at this stage to set out the role of the Certification Officer. It has been the regulator of trade unions and employers’ associations since 1975 and not only carries out regulatory functions, but has administrative and supervisory functions and a significant quasi-judicial function, where it adjudicates on complaints raised by trade union members and other parties.”
“The Government believe that we should interfere as little as possible in the activities of social partners, which are voluntary associations. Clause 69 seeks to reverse the changes made by section 21 of the 2016 Act to the 1992 Act so that the right of appeal against decisions of the Certification Officer to the Employment Appeal Tribunal is on questions of law only, rather than on questions of law and fact. That brings the appeals process back in line with the position before the 2016 Act and with many other enforcement bodies of employment law. For example, appeals against the decisions of employment tribunals are considered only on points of law, not points of fact. I hope hon. Members were keeping up with that; I shall be asking questions later.”
“That will remove the levy charged by the Certification Officer on employers’ associations and trade unions. Furthermore, the Certification Officer will no longer be required to report on the levy as part of its annual report to Parliament. The levy is an impediment to the rights of voluntary associations, and it attracted criticism from international bodies, including the International Labour Organisation. Clause 68(2) removes section 257A of the 1992 Act, which sets out the requirements for a levy to be paid to the Certification Officer by trade unions and employers’ associations. Subsection (3) removes the requirement in section 258(1A) of the 1992 Act for the Certification Officer to report on the levy.”
“The previous Government presented no evidence as to why the Certification Officer needed those additional powers. Since they have come into force, no financial penalties have been imposed on any trade union. Schedule A4 to the 1992 Act sets out the detail of the power to impose financial penalties. Clause 67(2) removes section 256D of the 1992 Act, which gave effect to the schedule, and subsection (3) removes the schedule. As a result, the clause removes subsections (1) to (3) of section 19 of the 2016 Act and schedule 3 to that Act. The Certification Officer will retain the power to issue enforcement orders, and if those orders are not complied with, the union may be found in contempt of court. Clause 68 will repeal sections 257A and 258(1A) of the 1992 Act, as inserted by section 20 of the 2016 Act.”
“In fact, since their introduction, the Certification Officer has never used those additional investigatory powers either. Subsections (2) to (9) of clause 66 remove the ability for the Certification Officer to proactively investigate a range of issues, reverting to the position pre-2016, when the Certification Officer could only consider and act upon a complaint from a member. Trade unions are voluntary associations, run by and for their members. We are returning the Certification Officer’s role to one of adjudicating when it receives members’ complaints in relation to a union. Clause 67 seeks to reverse the effect of section 19 of the 2016 Act to remove the ability of the Certification Officer to impose financial penalties on trade unions.”
“Removing onerous regulatory burdens from trade unions is part of the Government’s commitment to bringing in a new era of partnership that sees employers, unions and Government work together in co-operation and through negotiation. Clause 66 seeks to remove the powers of the Certification Officer to investigate trade unions proactively without first having received a complaint from a member of that trade union. Those powers were added to various provisions of the 1992 Act by schedule 2 to the 2016 Act. The enhanced investigatory powers created by the 2016 Act were unnecessary. There was no evidence of regulatory failure, and unions have consistently complied with their statutory obligations in relation to their finances, governance and reporting requirements.”
“Consequentially, subsection (7) removes section 17(1) and (2) of the 2016 Act, and schedule 1 to that Act, and makes further minor amendments to schedule 4 to that Act and to section 43 of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014. The enhanced powers created by the 2016 Act were unnecessary. There was no evidence of regulatory failure, and unions have consistently complied with their statutory obligations in relation to their finances, governance and reporting requirements. Since their introduction, the Certification Officer has never used those additional powers.”
“Clause 65 seeks to reverse the effect of section 17(1) and (2) of the 2016 Act, which inserted schedule A3 to the 1992 Act. It will repeal the enhanced investigatory powers of the Certification Officer, including the power to launch investigations by inspectors, the ability to compel trade unions to produce documents, and the related powers of enforcement. Schedule A3 to the 1992 Act sets out the details of the Certification Officer’s investigatory powers as introduced by the 2016 Act. Clause 65(5) removes section 256C of the 1992 Act and subsection (6) removes schedule A3 from the 1992 Act. Subsections (2), (3) and (4) make more minor amendments that relate to the removal of schedule A3.”
“Clauses 62 and 63 remove the requirement for trade unions to include details of industrial action and political expenditure in their annual returns, so there is clearly no need for the Certification Officer to retain powers to enforce such a requirement. Enforcement relating to details of political expenditure is addressed in clause 63, and enforcement relating to details of industrial action in clause 64. Therefore, clause 64(2) removes section 32ZC of the 1992 Act, thereby removing the powers of the Certification Officer to enforce the additional annual return requirements relating to industrial action. The Certification Officer will retain the powers to enforce the remaining annual return requirements in relation to a union’s financial affairs and governance.”
“Trade unions will still have to report to the Certification Officer on their income and expenditure. That includes reporting on the income and expenditure of the political fund. Moreover, all political parties will still be subject to the reporting requirements in the Political Parties, Elections and Referendums Act 2000, which requires certain donations and loans to be recorded and reported to the Electoral Commission. Clause 64 seeks to repeal the remainder of the effect of section 18 of the 2016 Act. It removes the power of the Certification Officer to publicise a trade union’s failure to include the required industrial action data in its annual return.”
“Clause 63 seeks to repeal amendments made to the 1992 Act by section 12 of the Trade Union Act 2016 and thereby remove the requirement for trade unions to include political fund expenditure in their annual return to the Certification Officer. Currently, this information must be provided where a union spends more than £2,000 per annum from its political fund. Subsection (2) removes section 32ZB from the 1992 Act, which sets out the information to be included in a union’s annual return on political expenditure. Other subsections of clause 63 make other amendments to the 1992 Act that are consequential on the removal of section 32ZB, including as to its enforcement and its application to employers’ associations. Section 12 of the 2016 Act itself is repealed by subsection (7).”
“Additionally, trade unions will no longer be required to include information regarding the results of industrial action ballots—for example, the number of votes cast and the number of those who voted yes or no. Subsection (1) removes section 32ZA from the Trade Union and Labour Relations (Consolidation) Act 1992, which sets out the additional reporting requirements on trade unions. Trade unions will still be required to submit an annual return to the Certification Officer. However, the amount of information they will be required to include will be reduced. By removing these additional administrative burdens on trade unions, we are freeing up their time to engage in bargaining and negotiation with employers and allowing them to devote more time to representing their members’ interests.”
“Clause 62 seeks to reverse the effect of section 7 of the Trade Union Act 2016. It will remove the additional reporting requirements imposed on trade unions for their annual returns to the Certification Officer regarding details of industrial action taken during the reporting period. Specifically, trade unions will no longer be required to include information on any industrial action taken during the reporting period, the nature of the trade dispute relating to the industrial action, the type of industrial action taken or when it was taken, or confirmation that the relevant thresholds covering industrial action ballots have been met.”
“I am grateful to the shadow Minister for taking slightly less time than I did on this grouping. For the record, I am fully supportive of the Prime Minister’s action plans, milestones, missions and all other types.”
“The Certification Officer is not there to preside over industrial disputes and strikes. There are courts to intervene if a party feels aggrieved about the way industrial action has been observed, whether lawfully or not. I can see the intention of the new clause: the shadow Minister wants the Government to succeed in their growth mission. We all do, but I do not think the Certification Officer is the right or appropriate vehicle for that to take place. Question put and agreed to. Clause 62 accordingly ordered to stand part of the Bill. Clauses 63 to 69 ordered to stand part of the Bill. Clause 70 Regulations subject to affirmative resolution procedure Question proposed, That the clause stand part of the Bill.”
“I am afraid that would be out of scope of the Bill Committee. I hear what the shadow Minister says. His essential argument is that we should be able to judge the actions of trade unions in terms of the damage or disruption they cause to the UK economy. Of course, we want to see growth and we want to see industrial action minimised. We believe that by having a more harmonious set of industrial relations, we will see that. Unfortunately, the shadow Minister’s new clause really mischaracterises the Certification Officer’s role. He is not, as the hon. Gentleman said, there to preside over strikes; he is there to preside over the governance, finances, reporting requirements and statutory obligations of trade unions and employers’ associations—I noted that the hon. Gentleman did not mention employers’ associations.”
“Any other regulations made under section 293 will continue to be subject to the negative resolution procedure. I therefore commend clause 70 to the Committee.”
“The clause amends section 293 of the Trade Union and Labour Relations (Consolidation) Act 1992, with which I am sure all Members are now very familiar, to require that regulations made under the following new sections of the 1992 Act are subject to the affirmative resolution procedure. This therefore will apply to the following regulations: section 70ZC, on access agreements, response period and negotiation period; section 70ZE, on access agreements and the period to make an application to Central Arbitration Committee; section 70ZF, on access agreements and determinations by the Central Arbitration Committee; section 70ZI, on the enforcement of access agreements and the maximum penalty; and section 236A, on detriment for taking industrial action.”
“Once we are in a position to say that we have adopted the charter, we can hopefully be much more forward in encouraging others to sign up. I conclude by thanking everyone for their contributions in the debate. It has been a very thoughtful and considered debate; we understand that there are concerns about how the law currently operates, but the employer needs space with the employee to agree arrangements appropriate to their own situations. We therefore believe that our current flexible approach is probably the right one and will deliver the best practical working arrangements, hopefully giving people not only the protection they need, but the flexibility and space to deal with this awful situation in the way that best suits them.”
“I am among 130 Members in this place who have already signed the charter as a commitment to my staff, because I believe that we should be setting an example as employers. I understand that, as has been mentioned already, we are looking closely at being to implement the charter in full across Government. The Government People Group, which is in the Cabinet Office and responsible for civil service human resources, is currently working to develop a package of measures for all Departments as employers, including this Department, to introduce the Dying to Work charter. The Government People Group is due to meet the TUC in January to discuss that and a Minister will then be appointed to lead that work across Government.”
“Members have already referred to, we are determined to go further. As we have heard, many employers have signed up to the Dying to Work charter, a TUC initiative that aims to unite employers under a standardised action plan to support employees as and when they are concerned. The charter represents a commitment from employers to ensure that all employees experiencing terminal illness have “security of work, peace of mind and the right to choose the best course of action for themselves and their families which helps them through this challenging period with dignity and without undue financial loss”. The Government have worked with ACAS to promote the charter and the TUC encourages union negotiators to seek clear agreement that their employer will abide by the charter’s principles.”
“We hope that will make it more likely that any such request made by an individual with a terminal illness will be accepted. If terminally ill people do fall out of work, they are eligible for enhanced access to a range of benefits under the special rules for end of life. Those rules allow for faster, easier access to certain benefits without needing to attend a medical assessment, and in most cases entitle the recipient to the highest rate of benefit. It is important to note that the rules apply to those who are unable to work and to those who wish to continue working, but require support to do so. The special rules for end of life aim to positively impact the quality of life of people with limited time left by ensuring that they can receive the financial support they are entitled to quickly and easily. However, as hon.”
“We think our guidance is helpful for employers, but we need to make sure that they are aware of it and that it is as up-to-date as possible. As we have already touched on, terminally ill people who wish to remain in work may need reasonable adjustments to do so. One of the options for people is to look at flexible working. Quite often, terminal illnesses have a debilitating effect on people’s energy levels, so being able to take time off flexibly is important. All employees have a statutory entitlement at the moment to request flexible working from day one of their employment. The new Employment Rights Bill will update that entitlement to introduce, among other changes, a requirement that any rejection of a flexible working request be a reasonable one.”
“The individual placement and support in primary care programme provides support to unwell people who are out of work and to those who need support with their health to stay in work. The support available includes physical and psychological treatment, in recognition that illness, including terminal illness, can take many forms. Alongside that, the Government provide Access to Work grants to help with the extra costs of working beyond standard reasonable adjustments and tailored support for individuals through work coaching, among other support. More generally, the Government provide employers with guidance on health disclosures and having conversations about health, as well as guidance on legal obligations. However, I take the point that that guidance is not well understood out there.”
“The vast majority of people with a terminal illness should be covered by the Equality Act. However, I have heard what various Members have said—indeed, my hon. Friend the Member for Corby and East Northamptonshire, who introduced the debate, mentioned people who may not fit within the protections of that Act, and I am happy to have a further conversation with him to understand where the gaps are. There are also more general protections relating to unfair dismissal under the Employment Rights Act 1996. As we know, terminal illness is a longer journey for some than for others. Some facing it may wish to carry on working; some may not. However, we need to think about what support is available for people.”