Employment Tribunals

Margot James Excerpts

Wednesday 13th September 2017 Commons Chamber

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Margot James)]

I congratulate my hon. Friend the Member for Hemel Hempstead (Mike Penning) on securing today’s important debate, and I extend my heartfelt condolences to Mrs Hardie for the loss of her husband.

I am aware of the Law Society Gazette article on my hon. Friend’s constituency case relating to unfair dismissal and how the judge treated the matter of discretion. Although I cannot comment on the detail, I am very sympathetic to the position in which Mrs Hardie finds herself, and, of course, I am very happy to meet her with my hon. Friend.

I can confirm that the “just and equitable” test is wider than the “reasonably practicable” test. A tribunal can extend time for bringing a discrimination claim forward where it considers it just and equitable to do so. For unfair dismissal cases, the claimant must demonstrate that it was not reasonably practicable to bring the claim within three months for the tribunals to extend the time and to allow the claim to proceed. Case law has established that demonstrating that it was not reasonably practicable is a more demanding test than establishing that it is just and equitable for the claim to proceed. This is what Parliament has set out in legislation. The time limit in both cases is stipulated in the relevant Act. I am grateful to my hon. Friend for bringing this issue to my attention, because I was not aware of the impact that the difference in wording can have in cases such as that of his constituent.

[Mike Penning]

One of things that was so distressing to Anna was that she was cross-examined about whether she had had conversations with her husband and asked where was the proof. There is no proof that I proposed to my wife. It was a very personal thing between me and her—there is no written evidence about the proposal. To say in a cross-examination that she had no proof that her husband wanted to do this, even though Anna had clearly discussed it with him, is abhorrent. She was cross-examined at a time that was enormously distressing for her.

[Margot James]

Although I said I could not comment on the details of the case, I must say, given what my hon. Friend says, that there are situations in which the law itself is insufficient to guide the behaviour of barristers in their work. I find myself very sympathetic to the concern and horror expressed by my hon. Friend.

[Mike Penning]

Will my hon. Friend give way?

[Margot James]

Yes, I would be delighted. I wanted to refer to the point made by my hon. Friend the Member for Basingstoke (Mrs Miller), but before I do so I will give way to my hon. Friend.

[Mike Penning]

Can I just say that I have had the honour of kissing the Queen, so I am a right hon. Member? That might give the Minister a bit of time to find the right page. It is sometimes hard to do that; it has happened to me on more than one occasion. It was a great pleasure to have kissed the Queen’s hand.

[Margot James]

I do apologise to my right hon. Friend—and indeed to my right hon. Friend the Member for Basingstoke. Towards the end of the day, one forgets these terms, but they are important.

My right hon. Friend the Member for Basingstoke raised the issue of pregnant women or women who have just given birth and the time limit in respect of bringing cases to employment tribunals. She and I have discussed this in the past, and I am aware of the recommendations of her Select Committee, the Women and Equalities Committee, on this point. I can confirm that we are reviewing whether we need stronger protection against redundancy for pregnant women and women returning from maternity leave. We will consult on options in due course, and we would very much welcome her views during that process.

[Mrs Miller]

I warmly welcome my hon. Friend’s announcement, which will draw very positive comments from well beyond these walls. Could that review perhaps be extended to cover the points raised by my right hon. Friend the Member for Hemel Hempstead (Mike Penning), who has made a most compelling case for people who are in the particular circumstances that his constituent found herself?

[Margot James]

I thank my right hon. Friend, who makes a sensible proposal. I hesitate to make too much of a commitment based on one case, no matter how harrowing it is. I think I must first meet Anna, if I may call her by her first name, and my right hon. Friend the Member for Hemel Hempstead. However, I will certainly take the suggestion by my right hon. Friend the Member for Basingstoke into consideration, as we are indeed reviewing the position with regard to pregnant women and women returning from maternity leave.

I have not said much about bringing cases to employment tribunals, but the first step, of course, is for people to refer themselves to the arbitration service ACAS. The Government are committed to encouraging people to resolve their workplace disputes without the stress and cost of an employment tribunal. I reiterate that I am grateful to my right hon. Friend the Member for Hemel Hempstead for bringing this harrowing case to my attention. Although I have had to reserve my position regarding whether to include the situation in which his constituent finds herself—

[Mike Penning]

rose—

[Margot James]

Was that a request for another intervention? Of course I will give way to my right hon. Friend.

[Mike Penning]

I thank the Minister for agreeing to meet my constituent. She has opened a Pandora’s box, because she has quite rightly said that she wants to see other evidence to show that this is not a one-off. I took advice, as she probably saw from the article in the Law Society Gazette, from eminent lawyers, including Kerry Underwood from Underwoods Solicitors, who is a specialist in this area. She will find that not one, not two, but lots and lots of cases like this have been time-barred, when common sense and natural justice might have suggested that they should be allowed to go through.

[Margot James]

In the case that there turns out to be a substantial body of evidence, as my right hon. Friend has indicated, I am sure that it will be very persuasive. I suggest that he invites the relevant Minister from the Ministry of Justice to join our meeting, because responsibility for this matter is shared across two Departments. With that, I conclude my remarks and thank my right hon. Friend again for bringing this matter to the attention of the House.

Question put and agreed to.