Employment Bill [HL]

I assure the noble Lord, Lord Henley, that Members of the Committee are all looking at the document that is going out for consultation. It has not yet gone out to all those parties who would normally receive it: that will happen in the next few days. It was sent specifically to Members of the Committee this morning, but it will probably not be ready in settled form after consultation in the timeframe suggested by the noble Lord. The clause does not currently restrict the code to one published by ACAS. Although that does not pose immediate difficulties, such a restriction could cause difficulties in the future. Although there is no current intention for the Secretary of State to issue a code of practice under this chapter, which includes provisions relating to resolution of disputes in the workplace, the power for him to do so exists and it would not make sense for tribunals not to be able to take the provisions of any such code into account when considering the fairness or otherwise of the procedure used or the adjustment of any award. As I said at the outset, it is important that employers and employees are encouraged to act appropriately in attempting to resolve disputes in the workplace prior to an employment tribunal. I hope that all Members of the Committee will agree that the more that can be done to ensure that disputes are resolved before we get to a tribunal, the better. This clause does that through the power for tribunals to adjust awards, in the vast majority of cases, by reference to the ACAS code on discipline and grievance. I have been asked to assure the Committee that further amendment will take place on what was received this morning before consultation.