HC Deb 20 February 1979 vol 963 cc229-30
5. Mr. Madel

asked the Secretary of State for Employment what is the nature and extent of the research that his Department has undertaken into the workings of the industrial tribunals; and if he will make a statement.

The Minister of State, Department of Employment (Mr. Harold Walker)

My Department has undertaken research into the representation of parties before industrial tribunals and has also made an analysis of unfair dismissal claims to industrial tribunals. It is hoped that this latter study will form a suitable article for the Department of Employment Gazette. Externally, we have commissioned work on remedies in unfair dismissal cases.

Mr. Madel

In view of the Government's commitment to open government, will the Minister say why the results of this research were not published when they first became available so that an informed public debate could take place before the recent changes were made in tribunal procedure?

Mr. Walker

I have said that the analysis of unfair dismissal claims will be published shortly in the form of an article in the Gazette. I believe that the hon. Member is referring to research into the representation of parties. That is still under consideration by the Department. However, I must point out that that research was commissioned by the previous Government and that it relates to 1973. One is entitled to question the credibility and the worth of publishing such information. None the less, I shall give it careful consideration.

Mr. Ashley

Will my hon. Friend ensure that if one applicant to an industrial tribunal is unable to pay for legal representation the other side will not be allowed legal representation, in order to avoid any unfairness between the two parties?

Mr. Walker

I am not sure that we could contemplate debarring a party before a tribunal from being legally represented. I repeat that it is our aim that tribunals should be as informal as possible and as free from legalism as possible. I hope that those responsible for the tribunals and those who seek to appear before them will bear that in mind.

Mr. Brittan

Does the Minister realise that many small employers are not taking on people whom they might have taken on and for whom they have work because of the consequences of the present operation of industrial tribunals? Will he take action to remedy problems caused for employers of this kind, and even more so for their potential employees?

Mr. Walker

Had the hon. and learned Member been in the House on Friday he would have heard that very matter debated fully and the repudiation of that argument from this Box. My Department has commissioned and carried out research on this matter which shows that the contrary is true.