Employment Bill [Lords]

Elsewhere in the Bill we are strengthening the role of ACAS in dispute resolution, as is right. We have also committed to increase funding to ACAS in order that it may fulfil this role. That is the right thing to do, because if we can resolve more disputes before they reach a tribunal, that is in the interests of all concerned. New clause 1 also proposes that tribunals be required to order the reinstatement or re-engagement of people sacked under these provisions. Under the new clause, the tribunal would not have a judgment to make about the suitability of reinstatement. This is a delicate area, because automatic reinstatement may not be suitable in all cases. As we know, tribunals can order reinstatement in some circumstances. I appreciate the intent behind the comments made by my hon. Friend the Member for Hayes and Harlington, but there is at least a question to be answered about why unfair dismissal on the grounds covered in his new clause should be treated differently from unfair dismissal on the grounds of discrimination or disability. New clause 1 is based on the premise, which the Government do not share, that the law governing these matters is grossly unfair to one party. There will always be debate about the balance in these situations, but we believe that, through the reforms that I have cited, we have put in place a fair and balanced system of protection for those taking industrial action.