Equality Bill

My Lords, in considering whether Clause 123 should stand part of the Bill I referred to the Explanatory Notes. These explain that the clause, ""sets out the remedies available to employment tribunals hearing cases under the Bill"." As the law stands, tribunals can make recommendations to the respondent regarding the outcome of a particular case for the benefit of an individual claimant. As we are informed by the Government, the clause would extend this provision so that the recommendation would not have to be applicable only to an individual claimant but could be designed to impact on the wider workforce so as to benefit more people. We have tabled this clause stand part debate because we would like to hear the Government’s thinking on a number of issues. First, will the Chancellor inform the House whether there have been any other changes to the nature of the recommendations other than the scope of their application? It seems that there may be differences in the way that these recommendations are made, or in the way that they are operated and enforced, when the recommendation is expanded from being to benefit only one claimant to benefiting a much larger group, and perhaps even a whole workforce. It would be useful to hear the Government’s thinking on this subject. Secondly, the Explanatory Notes state that where a recommendation has been made for the benefit of an individual claimant only and it has not been complied with, the tribunal can award compensation or increase any that has already been given. What provision has been made for enforcement if a recommendation applying to the wider workforce has not been complied with? Of course we believe that the provisions must be enforceable. If an organisation has been acting illegally and subverting the equality provisions, it should have to obey the recommendations. These recommendations are what will allow the company to fix itself and that is the outcome it is important to ensure. Perhaps at this point we should underline the fact that we think that the outcome is the important part of this recommendation. The crucial element is that a company that has been acting illegally will implement the recommendations and as a result it will become a better employer. The tribunal will be fully aware of the desired outcome. But it may not be fully aware of the different ways in which different companies operate and how best to achieve that overarching aim. We on these Benches think that it is therefore important to ensure that sufficient flexibility is retained in the recommendations and I reiterate that they should concentrate more on the outcome and less on the process, allowing companies the freedom to adapt their operations to achieve the shared outcome. In another place, the Solicitor-General stated that it would be difficult to mandate an outcome because a company may not be able to achieve it. That is a fair point, but does the Chancellor of the Duchy of Lancaster also acknowledge the need not to make recommendations that require rigid attention to processes but guarantee nothing in terms of the outcome? Will she confirm how detailed the specifications in these recommendations will be and how closely companies will be expected to conform to each detailed specification? Does she accept what I said about the outcome being the most relevant part—not the process—and that the process may necessarily vary from company to company in ways to which any tribunal would find it difficult to adjust? This is a complex area and it would be useful to hear the Minister’s thoughts.