HC Deb 03 April 1979 vol 965 cc645-6W
Mr. McCrindle

asked the Secretary of State for Employment if he is satisfied that the entitlement to time off for trades union duties as required by the employment protection Acts is working satisfactorily; and what evidence he has that the requirement is proving onerous to smaller firms.

Mr. Harold Walker

I am satisfied that entitlement to time off for trade union duties under section 27 of the Employment Protection (Consolidation) Act 1978 is working satisfactorily. I have seen no specific evidence to suggest that the requirement is proving onerous to smaller firms.

Mr. McCrindle

asked the Secretary of State for Employment if he is satisfied that the requirement under the employment protection Acts to deliver verbal and written warnings prior to dismissal is working satisfactorily; what evidence he has that small firms are adversely affected by this requirement; and if he will make a statement.

Mr. Harold Walker

There is no such requirement under the employment protection Acts, but the giving of warnings prior to dismissal may in many circum- stances be good industrial relations practice, and is recommended in the Advisory, Conciliation and Arbitration Service's code of practice on disciplinary practice and procedures. I have no evidence that small firms are adversely affected by this. However, I believe that many small employers are not sufficiently familiar with the unfair dismissal law, and my Department is preparing a new guide for employers on this subject.

Mr. McCrindle

asked the Secretary of State for Employment what plans he has to amend the Employment Protection (Consolidation) Act so as to remove the right to time off for public duties insofar as this relates to smaller companies; and if he will make a statement.

Mr. Harold Walker

I have no plans to amend section 29 of the Employment Protection (Consolidation) Act 1978 in the way suggested. I consider that these provisions are operating generally satisfactorily, but my Department will continue to keep the working of the Act under review.

Mr. McCrindle

asked the Secretary of State for Employment whether he will take steps to allow small firms to contract out of some of the provisions of the Employment Protection (Consolidation) Act; and if he will make a statement.

Mr. Harold Walker

No. To allow small firms to contract out of some of the provisions of the employment protection legislation would be to create two classes of employees. It would be wrong to discriminate against employees simply because they happen to work in small firms.