Employment Bill [Lords]

In normal dismissal cases, the employer would need to bring forward evidence that demonstrated the grounds for the dismissal. We seek that balance—a demonstration of the legitimacy of dismissal—in this case, so that there are legitimate grounds, other than the taking of industrial action, that the employer can demonstrate. I understand my hon. Friend's concerns, but, in practical terms, for those of us who have been trade unionists and defended people at industrial tribunals, the emphasis is on the employer to bring evidence of why the dismissal took place. In such instances, the issue is about proving not a negative but the action, other than the relationship to industrial action, that demonstrates the grounds for dismissal.