Clause 38 - Failure to give statement of employment particulars, etc.
Employment Bill
6:45 pm
Mr Philip Hammond (Runnymede and Weybridge, Conservative)
I simply do not agree with the Minister on the first two amendments, but I accept that the matter is complicated. The Minister has the drop on me at the moment because he has the wording to which the clause refers. It is not obvious that a document purporting to be capable
''of performing the function of a statement''
is the same as a document capable
''of performing the function of a statement''
purporting to be that statement. I think that is right, and I shall reflect on it. If that is how the clause works, fine. That is not immediately obvious because it is not the statement that we are examining in the latter part of the subsection: it is the document capable
''of performing the function of a statement''.
A statement purporting to be a statement is not strictly relevant.