I support the amendment. It is important to draw parallels between the clauses in the Bill, which make provision for payment in full of the national minimum wage where employers are not up to the mark on that, and the amendment. I referred to the Minister’s remarks at Second Reading, where he commented on what he termed a small minority of employers who do not meet their obligations under the national minimum wage. He quoted figures, such as the £3 million paid in compensation as a result of government action on that.
The situation is similar with employment tribunal awards. Like other Members of the Committee, I commend Citizens Advice for what it has done on this and the resources and information it has provided. A figure that sticks in my mind is that up to one in 20 awards at employment tribunals are simply not paid. In many cases, the individual who has been successful at the tribunal is faced with having to win again, but is unable to provide the time, resources or determination. He or she may be worn down, and is probably no longer in employment anyway—or not with that employer. It may not be pursued for a number of reasons and it seems strange, to put it no stronger, that Clause 7 provides for additional compensation to be made for financial loss and also for unlawful deduction of wages or non-payment of redundancy payments, over and above the basic tribunal award. I ask the Minister what happens if those payments are themselves not then made. What recourse does an individual have? He or she must go back and spend a basic minimum of something like £500 just to get the matter into court. That can be a daunting prospect, particularly for somebody who is not in work as a result of a dispute with an employer.
There would be consistency, should the Government accept this amendment, so that non-payment of tribunal awards and other awards consequent on the action of the employer should be recoverable in the same way as non-payment of the national minimum wage. I therefore hope that the Minister can give a positive response when he replies to the debate.
Employment Bill [HL]
Proceeding contribution from
Lord Watson of Invergowrie
(Non-affiliated)
in the House of Lords on Monday, 25 February 2008.
It occurred during Debate on bills
and
Committee proceeding on Employment Bill [HL].
Type
Proceeding contribution
Reference
699 c106-7GC 
Session
2007-08
Chamber / Committee
House of Lords Grand Committee
Subjects
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2023-12-16 02:26:40 +0000
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