Lord Howard of Lympne (Con)

My Lords, I rise to support these amendments and declare my interests, as recorded in the register, as the chairman of three businesses that would undoubtedly qualify as small enterprises. I was provoked into intervening in this debate by an observation made by the Minister when she replied to the last debate. She said to your Lordships that if an employer dismissed an employee for cause, as set out in the Bill, the employer would have nothing to worry about because the tribunal would find in their favour. Very long ago I practised in the field of employment law, and I saw at first hand the consequences—often very damaging, sometimes disastrous—for a small business of having to spend the time, trouble and expense involved in contesting a case at the tribunal, even if ultimately, it was successful. In the real world, faced with that predicament, employers often find themselves obliged to settle these cases, again at considerable expense, even if the application is completely unmeritorious and would stand scant chance of success, were it ever to come before the tribunal. That factor ought to be taken into account. My question to the Minister, the noble Lord, Lord Leong, is this. Attention has been drawn today to the impact assessment, particularly by my noble friend Lord Sharpe of Epsom, who pointed to the increase in the number of tribunal cases that would be a consequence of the Bill. To what extent did that impact assessment take into account disputes that were not actually taken to the tribunal and were settled by the employer, who could not afford the consequences of contesting the case at the tribunal, but which would nevertheless involve substantial, damaging and sometimes disastrous consequences for the employer?