Clause 34 - Procedural fairness in unfair dismissal
Employment Bill
12:15 pm
Mr Mark Prisk (Hertford and Stortford, Conservative)
In principle, I welcome the attempt to minimise the impact of minor procedural changes. In that regard, the Government's effort to reverse the Polkey principle is acceptable, but the clause gives rise to problems, with which the amendments attempt to deal, and to an inconsistency that is at the heart of the clause's relationship with the rest of the Bill.
On the one hand, the Government are using the Bill to promote the idea that businesses and all forms of employers should seek to follow a regular and accepted procedure, whether in general, disciplinary or dismissal situations. On the other hand, in many senses clause 34 reduces the importance of that same procedure. Perhaps the Minister would like to comment on that inconsistency and the message that it sends to employers and employees. I am also concerned that the absolute nature of proposals in relation to awards against a failure to follow minimum statutory procedures is potentially unfair to the smallest of firms. Neither the scope nor the character of the procedures is crystal clear, so the danger of an employer unintentionally falling foul of minor procedural mistakes is all the greater.
The Law Society's much-quoted briefing highlights the point that the hon. Member for Wolverhampton, South-West (Rob Marris) raised earlier, namely that although clause 34 may be intended to be narrow and focused,
''its wording excludes the possibility that even where a dismissal is not procedurally unfair, it could still be substantively unfair. It does this by making the provision applicable . . . to the whole 'Part' of the Employment Rights Act 1996, in which it will be added.''
There is a danger that the clause may have a wider effect than the Minister intends. Will he comment on that?