Clause 4

Part of Employment Bill [Lords] – in a Public Bill Committee am 11:30 am ar 14 Hydref 2008.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Michael Jabez Foster Michael Jabez Foster Llafur, Hastings and Rye 11:30, 14 Hydref 2008

Indeed. The point has been made about how an employer as a respondent has the opportunity to make his case. I ask the Minister to look at the current procedural rules more generally. Perhaps I can give him a short example of a local case that came  to my notice. The employer did not receive the notice in time, or so he claimed. He sent something in slightly late—two days after the final date. The rules currently say that he cannot be heard. The only option was to go through the whole process with him sitting there watching, but not taking part, and then subsequently appealing to the AT to see whether there was another way. I do not know what happened as a result of all that. But the draconian nature of the current rules, which debar people from taking any part in proceedings, is unlike any other jurisdiction. In every other part of the legal system, so far as I am aware, by incurring a penalty or making a payment to the court or whatever, there is a way back into the proceedings. Uniquely within the tribunal rules, that does not apply. I ask the Minister to have a look at that if he agrees that it is an injustice.