Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 – in the House of Lords at 3:00 pm on 28 March 2012.
Votes in this debate
Moved By Lord De Mauley
That the draft order laid before the House on
Relevant document: 41st Report from the Joint Committee on Statutory Instruments, considered in Grand Committee on
Amendment to the Motion
Moved by Lord Young of Norwood Green
As an amendment to the above motion, at the end to insert "but that this House regrets that the Order will unnecessarily diminish the employment rights of employees, will have little or no effect on employers' likelihood of taking on new staff, encourages the use of dismissals in place of good management practice, and is opposed by trades unions; believes that employees should always get a written reason for their dismissal; and calls on the Government to place a report into the effect of the changes before Parliament, 18 months after the approval of the Order".
Lord Young of Norwood Green
Shadow Spokesperson (Business, Innovation and Skills)
3:17,
28 March 2012
My Lords, I will again be brief because we have explored the arguments in great detail and I have partially covered them in my previous contribution. I will refer to one aspect, in relation to the contributions of the noble and learned Lord, Lord Scott, on reasons for unfair dismissal. I listened carefully to what the Minister said, and I must admit that, again, this is totally the wrong signal to give employers-that this will somehow be used as a legal document. It is but a small and necessary example of good management practice and something that ought to be an employee right. They should understand why they have been dismissed. If that means that employers have to think long and hard about how they treated an employee, I would hope that that process takes place before, rather than when they produce this letter. That would improve both management and employee rights.
Given the importance of what we believe to be a fundamental change-which, as some of my noble friends have said, would be more proper in primary legislation than a statutory instrument-I wish, for those reasons as well those previously expressed, to test the opinion of the House.
Division number 1
Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 — Motion to Approve
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
