Schedule 2 - Statutory dispute resolution procedures
Employment Bill
4:00 pm
Mr Alan Johnson (Minister of State (Employment and the Regions), Department of Trade and Industry; Kingston upon Hull West and Hessle, Labour)
No. The three-step procedure must be complied with otherwise the dismissal is automatically unfair and one does not get past first base. Whether the employer conducted the meeting in the way suggested by the hon. Gentleman would come out at the hearing stage as the case progresses through the employment tribunal. There is no argument between us on the principle, but there is a point about how we should frame the statutory procedures. The wording of the amendment is deficient because it suggests that one must have a full investigation. In many cases, the investigation would take place at other stages in the process. The amendment is unnecessary in terms of the concerns expressed by my hon. Friends because of section 98(4) of the 1996 Act. The hon. Member for North Norfolk should withdraw the amendment, and if he does not do so the Committee should oppose it.