Employment Tribunals

Baroness Gardner of Parkes Excerpts

Monday 18th June 2012 Lords Chamber

[Baroness Wilcox]

None of the things that protect people while they are working are being removed. That situation is not changing. However, the immediate rush to a tribunal is changing. The idea is that ACAS, which we all respect, provides for both the employer and the employee to have those discussions and to see whether they can come to an arrangement without having to go to a tribunal, with all the costs and upset that that entails.

[Baroness Gardner of Parkes]

My Lords, for 20 years, I sat on such a tribunal. Is the Minister aware that there are gaps now? If people work somewhere where ACAS helps them, that is fine. If they work in a job on their own and they are called before a disciplinary committee, they are allowed to have with them only a fellow union member or a fellow worker. If they are in a job where they work alone, they are not allowed to bring a relation or anyone else along even if they need help with reading. This loophole should be looked into.

[Baroness Wilcox]

My noble friend brings up a very interesting question. I had not really thought that through. This refers to someone who works on their own and is self-employed.

[Baroness Gardner of Parkes]

No, they are employed.

[Baroness Wilcox]

I will have to come back with the answer to that as I do not have it at the moment. I will make sure that a copy is put in the Library so that everyone else gets the answer too.