Clause 28 - Extension of jurisdiction of employment appeal tribunal
Employment Relations Bill
Public Bill Committees, 10 February 2004, 10:00 am

Mr Henry Bellingham (North West Norfolk, Conservative)
Will the Minister explain why the clause is necessary? It extends the jurisdiction of the Employment Appeal Tribunal and any extension is of interest. As I have pointed out before, there has been a large increase in the activity of employment tribunals and indeed the Employment Appeal Tribunal. The Minister will accept that people are now more conversation culture oriented and more litigious. They are being encouraged by law firms up and down the country to exercise their rights at every possible turn. I would be grateful if the Minister gave the Committee some extra background. We have the explanatory notes issued by the Department, which are excellent, and we are grateful for them, but when it comes to clause 28 it would be useful for some extra information.

Mr Gerry Sutcliffe (Parliamentary Under-Secretary (Employment Relations, Competition and Consumers), Department of Trade and Industry; Bradford South, Labour)
I am grateful for the way in which the hon. Gentleman has raised the issue. I do not entirely agree with his outlook on why people are going to tribunals. I am sure that he will acknowledge the work
the Government are carrying out on the dispute resolution regulations and others to try to keep matters in the workplace and to ensure that disputes are resolved where they should be resolved—in the workplace.
The clause provides for the right of appeal to the Employment Appeal Tribunal against employment tribunal decisions in respect of the right to be accompanied. It corrects an oversight in the Employment Relations Act 1999 by providing in law for such appeals to the EAT. The level of litigation on the right to be accompanied is low. However, it is fair to assume that some of the cases that have gone to employment tribunals could have raised issues on appeal. Under their individual rights, employees' have the right of appeal, and it is only proper that employment tribunal decisions on the right to be accompanied are accorded the same treatment.
All those who replied during consultation on the review of the 1999 Act were fully in support. Clause 28 also received endorsement on Second Reading, including from the Opposition. I am sure that Committee members will agree that it should stand part of the Bill.
Question put and agreed to.
Clause 28 ordered to stand part of the Bill.
