Lord in Waiting/Government Whip (Lord Leong) (Lab)

My Lords, I thank all noble Lords who have spoken. Before I turn to the amendments, may I wish the noble Lord, Lord Fox, a speedy recovery? I am just sorry that he was not cast in the next “Mission: Impossible”. I wish him a speedy recovery and return to the Committee, as we miss him here as well. I turn to Amendments 132 and 137. Amendment 132, tabled by my noble friend Lord Pitkeathley of Camden Town, seeks to expand the scope of independent advisers who can advise individuals entering into settlement agreements. Settlement agreements in this context are a way in which employers and workers can settle potential claims. I am delighted that the noble Lord, Lord Jackson of Peterborough, had such a great experience with his trade union rep and got a really fair settlement. I hope he was pleased with that experience. However, it is important that individuals understand the terms and effect of the proposed agreement and its effect on their ability to pursue claims in an employment tribunal. That is why legislation requires individuals to receive advice from a relevant independent adviser. Legislation outlines a range of advisers that can be used, including qualified lawyers and authorised officers of an independent trade union. My noble friend’s amendment would expand the list of relevant independent advisers to include a certified member of the Chartered Institute of Personnel Development, an association of human resources professionals. This amendment would also give the Secretary of State the power to make regulations to include other professional bodies whose members would also be capable of giving advice. While I understand that my noble friend has put forward this amendment on behalf of the CIPD, we believe current arrangements are working well and strike the right balance. I appreciate my noble friend’s passion and thank him for his contribution to this debate. We are happy to engage further on this issue at another time, but we do not think this amendment is required. I now turn to Amendment 137, tabled by the noble Lord, Lord Palmer of Childs Hill, which seeks to expand the right to be accompanied by a certified companion at disciplinary and grievance hearings, as supported by the noble Lord, Lord Ashcombe. The law already provides that, when workers are invited to attend a disciplinary or grievance hearing, they are entitled to bring a companion who is either a fellow worker, an official employed by a trade union or a workplace trade union representative that the union has reasonably certified as having received training in acting as a worker’s companion in disciplinary or grievance hearings. Employers can now allow workers to be accompanied by a companion who does not fall within the above categories. Some workers have a contractual right to be accompanied by persons other than those listed earlier —for instance, a professional support body, a partner, a spouse or a legal representative. The current law seeks to keep disciplinary and grievance procedures internal to workplaces, given that they are one of the initial steps in resolving tensions in a worker-employer relationship. Expanding the types of organisations that could be involved in representing workers at disciplinary and grievance meetings could lead to these hearings requiring legal representation for both the worker and the employer. This would therefore increase the costs of these hearings and reduce the chances of an amicable outcome. In addition to introducing legal expertise at these hearings, it could also reduce the likelihood of ACAS conciliation or mediation as the next step to resolve a dispute, as legal arguments will have already been made during an internal hearing. This could increase the likelihood of a tribunal claim being made. An amicable solution is, therefore, the fastest way to justice, as set out by my noble friend Lord Barber. It is unclear where the demand for expanding this right is coming from and which workplaces would benefit. There are, of course, certain organisations, such as those that provide casework and legal services, that would benefit. But, as I have already set out, should an employer wish to nominate an organisation to accompany their workers, they can set this out in the terms and conditions of their workplace. I therefore ask my noble friend to withdraw Amendment 132.