Clause 34 - Procedural fairness in unfair dismissal
Employment Bill
4:40 pm
Mr Alan Johnson (Minister of State (Employment and the Regions), Department of Trade and Industry; Kingston upon Hull West and Hessle, Labour)
I was in the middle of my rather feeble peroration. Just to recap, we were talking about the effects of Polkey and I explained how the new regime will strengthen that judgment. Most cases that we examined, which fell under the Polkey judgment, applied to breaches in procedure that are now covered by the minimum standards—the three-steps procedure. I also explained that, crucially, there remains a requirement for the dismissal to be fair, which is what new section 98A addresses. However, there was some perceived ambiguity so I explained that, having checked amendment No. 78 with parliamentary counsel and having had it confirmed that it achieved the desired effect, we were prepared to accept it. We were not prepared to accept amendment No. 27 because it does not have the required effect, so I urged hon. Members not to press it.