Schedule 2 - Statutory dispute resolution procedures
Employment Bill
4:30 pm
Mr Rob Marris (Wolverhampton South West, Labour)
I have some sympathy with the amendments. There seems to be a contradiction in what the Minister is suggesting. Given the procedure as a whole, at some point an employer needs to put something in writing and at some point an employee needs to put something in writing. We are expecting employees and employers either to be literate and to feel capable of communicating in the English language or, to use the Minister's words, to know a man who is. If we are thinking in terms of preventing cases from going to employment tribunals, the results of disciplinary procedures, in particular, should be put in writing.
For many of my constituents, English is not their first language—it might be one of the Asian languages or British sign language or whatever. Sometimes, both as Member of Parliament and as a solicitor before that, I have seen people in high dudgeon about an action that some authority has taken against them, and they bring a sheaf of papers when they come to see me. When one goes through the papers, one finds that the action about which they are incensed has not actually taken place; they have misunderstood. However, because they have the papers, one can explain that the problem that they thought they had is either a different problem or one that does not exist.
I could envisage, although I would not favour it, a whole procedure with nothing in writing. However, when bits are required in writing from both sides, that presupposes some kind of literacy and access to pen and paper or whatever at some stage on each side. In chapter 2 of part 2 of schedule 2, it is envisaged that the modified grievance procedure will come into play when the employee has been dismissed. In step 2, the decision of the employer has to be put in writing because a meeting is less likely, since the employee is no longer at the work premises. Why have that? Why not say that the employer could telephone the employee? It seems to be a contradiction and calls into doubt the clarity of schedule 2. Returning to what the Minister said earlier about giving another three months' extension to complete procedures, almost nothing in the procedures refers to any time limit at all.