Clause 34 - Procedural fairness in unfair dismissal
Employment Bill
4:45 pm
Mr Alan Johnson (Minister of State (Employment and the Regions), Department of Trade and Industry; Kingston upon Hull West and Hessle, Labour)
I do not think that that is the case. It reinforces subsection (1), making it absolutely clear that the fact that a procedure has not been followed does not by itself mean that the employer has acted unreasonably. Amendment No. 27 was designed to do that, but failed, for the reasons that I gave this morning. Of course, the whole point of Polkey is whether the procedural error, in procedures over and above the minimum standards, would have made any difference to the decision to dismiss. That is the acid test that has to be passed. With that clarification, I urge that amendment No. 78 be accepted, and that amendment No. 27 should not be pressed.