Employment Bill [HL]

moved Amendment No. 20: 20: After Clause 5, insert the following new Clause— ““Tribunal proceedings: no undue delay In the Employment Tribunal Act 1996 (c. 17), after section 18 there is inserted— ““18A Tribunal proceedings: no undue delay When conciliation is attempted but this fails to produce a settlement, the claimant may require that steps are taken to ensure that Tribunal proceedings are commenced without delay.”””” The noble Baroness said: As I said earlier, many of us agree that fair and reasonable procedures should be in place between unions and employers so that possible disputes, both individual and collective, can be dealt with at workplace level. In passing, I thank the Minister for sending me a copy of the ACAS draft code, which details disciplinary and workplace arrangements. I am very glad to have that. However, it is not always possible for these procedures to work. That is particularly the case in loss-of-job issues. As I indicated in my Second Reading speech, job loss is for many a traumatic event; it can lead to loss of self-esteem, a breakdown in self-confidence and can sometimes make securing alternative employment difficult. It can even sometimes lead to marriage breakdown. The individual concerned is often not interested in alternative dispute resolution, no matter how well intentioned. He or she will not be satisfied and will not feel that justice has been served unless they have had their day in court. It is for that reason that I spoke as I did at Second Reading and have tabled this amendment. The individual must not come to feel that procedural attempts are being made to prevent the case getting to the tribunal. Of course, a settlement must be made—everybody agrees with that—but the individual must be assured that the procedures are not being unnecessarily prolonged so that a tribunal hearing is delayed or perhaps avoided altogether. The amendment gives the individual the right to insist that enough is enough and that his or her case must be heard by a tribunal. Only in this way will individuals in the position which I have described feel that the system exists to protect them and to provide fairness and justice. I hope that the Government will accept my amendment. If they do not accept this wording, then perhaps they will accept the principle so that alternative wording to the same effect can be produced on Report. I beg to move.