Clause 34 - Procedural fairness in unfair dismissal
Employment Bill
4:40 pm
Mr Philip Hammond (Runnymede and Weybridge, Conservative)
I apologise if this was covered when I was not in Committee before lunch, but can the Minister explain what will be the practical impact of the opening phrase of new subsection (2), ''Subject to subsection (1)''? I can understand how things might work if subsection (1) said,
''An employee who is dismissed shall''
subject to subsection (2),
''be regarded for the purposes of this Part as unfairly dismissed''.
However, I cannot understand what ''subject to subsection (1)'' at the beginning of subsection (2) means. It appears to me that it could undermine the entire purpose of the subsection.