My Lords, I would like to speak very briefly to Amendment 36, which is in this group. This relates, again, to sanctions, and is an attempt to amend Clause 46, talking about high-level sanctions, which says that it is a failure sanctionable under this section if a claimant, "““through misconduct loses employment as an employed earner””."
Not all allegations of misconduct are accurate; sometimes the employee may claim that he is being discriminated against, or perhaps that he has blown the whistle on some unsafe practice and has not been guilty of misconduct. He therefore attempts to institute proceedings to try to demonstrate that the dismissal is unfair.
In such circumstances it seems that it is in line with employment rights if the employee is not sanctioned under this provision, because he has disputed whether or not his dismissal was fair, and has instituted appropriate proceedings. It is quite a simple amendment, designed to protect people’s employment rights, and I hope that the Minister will be prepared to look favourably upon it.
Welfare Reform Bill
Proceeding contribution from
Baroness Turner of Camden
(Labour)
in the House of Lords on Wednesday, 14 December 2011.
It occurred during Debate on bills on Welfare Reform Bill.
Type
Proceeding contribution
Reference
733 c1386 
Session
2010-12
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