Clause 22 - Employment tribunals
Employment Bill
10:00 am
Mr Alan Johnson (Minister of State (Employment and the Regions), Department of Trade and Industry; Kingston upon Hull West and Hessle, Labour)
There are many ''mays'' and ''shalls'' ahead. I was pleased to hear the hon. Gentleman; we may not have quite as many debates as I originally feared.
Amendments Nos. 7 and 18 are being taken together. To give the hon. Gentleman the assurance that he seeks, we have already said that costs and expenses will be included in cost awards. We are using the language of the Bill. The Act that we are amending uses the word ''may'' and the Bill is littered with it; it would be strange if we suddenly changed to ''shall''. We intend to use the new powers in the clause, and I see no compelling reason to accept amendment No. 7 and change wording that has been consistent over the years. Nothing is to be gained from creating a requirement when we previously had a discretion.
The same arguments apply to amendment No. 18. Clause 23 makes sensible changes so that the cost rules in the employment appeal tribunal are brought into line with those for employment tribunals. At the moment there is a difference between the two. The clause covers the power to make rules on wasted costs in EAT proceedings, and we intend to use that power. The circumstances in which costs can be awarded in employment tribunals and employment appeal tribunals are already similar in practice. However, we are introducing new powers for employment tribunals and EATs, so the legislation should be consistent. Clause 23 achieves just that, so I ask the hon. Gentleman to withdraw the amendment. If he does not, I shall invite the Committee to reject it.