I am grateful to the Minister for his explanations. These are probing amendments seeking clarification and the wording of certainly some of them is not necessarily perfect. The idea was to try to get a clearer picture. On the first amendment, I am grateful to the Minister for making it quite clear that there is a right of appeal and that it will be spelt out in the indicative regulations that he will circulate to us.
I now understand better the Minister's objection to including "reasonably" in relation to what the employer thinks. The question of what the employer thinks is somewhat subjective, and it is being left as a somewhat subjective decision. One accepts that. As the Minister said, the provision is modelled on the flexible working time directive, which has worked well. On narrowing down the cost grounds for refusal, I very much hope that the employer will do a back-of-the-envelope cost-benefit analysis to see whether it is worth doing.
The answer with which I feel least satisfied was that to Amendment 87 and the issue of "significant". If we say that we do not want to quantify the element of detriment it will leave the issue extraordinarily uncertain. The answer, as the Minister says, is that it will have to be tested at a tribunal. However, the term "significant" would have to be tested at a tribunal in exactly the same way.
I again thank the Minister for his explanation and I beg leave to withdraw the amendment.
Amendment 83 withdrawn.
Amendments 84 to 88 not moved.
Apprenticeships, Skills, Children and Learning Bill
Proceeding contribution from
Baroness Sharp of Guildford
(Liberal Democrat)
in the House of Lords on Monday, 29 June 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Apprenticeships, Skills, Children and Learning Bill.
Type
Proceeding contribution
Reference
712 c67-8 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2024-04-21 12:26:29 +0100
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