Clause 37 - Use of alternative documents to give particulars
Employment Bill
6:30 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 know whether I shall satisfy the hon. Gentleman, but I shall have a go.
First, clause 37 helps employers to comply with the requirement to give an employee a written statement of employment particulars. At the moment they have to supply a document that is such a statement, even if they have also issued a contract of employment or a letter of engagement; they have to do it twice. To meet the requirements of the legislation, they probably have to do so after the employee starts work. We propose that a contract of employment or a letter of engagement containing the necessary particulars, given before or after the employee starts work, will meet the employer's obligations under the Employment Rights Act 1996.
The hon. Gentleman asked who is behind the choice of words. Parliamentary Counsel is my plea, and I am assured that the words ''meet'' or ''met'' mean that the employer has done what he is obliged to do and that nothing further is necessary. If hon. Members are concerned that those words mean anything less, I am happy to reassure them. Changing ''meet'' to ''discharge'' and ''met'' to ''discharged'', as the amendments propose, would add nothing. The amendments are unnecessary, and I ask the hon. Gentleman to withdraw them.