Lord Ashcombe (Con)

My Lords, I stand with some trepidation at this stage to support very much the amendments in the name of my noble friend Lady Neville-Rolfe, and indeed I support the other amendments in this group. We have to think that any company—large, small, charity, whatever it may be—that hires a new employee takes a calculated risk. They are unknown. The company hopes that the individual, young or more mature, will integrate well into the company culture and be capable of handling the expected workload with the appropriate training needed. I understand the Government’s position, as mentioned in a previous day’s debate on the Bill, that the employee also takes a risk when starting a new job or changing careers. They too must be confident that the role aligns with their skills and aspirations. A probationary period exists to serve both parties. It allows the employee to assess whether the role suits their interests, skills and abilities, while giving the employer time to evaluate whether the employee fits before making a long-term commitment. Is that unreasonable? In my own place of work, I have seen this very much in practice. In fact, when I returned to work, I had a six-month probation period, and I had worked for them for 25 years before that. We once hired a seasoned practitioner with considerable market experience. However, for various reasons, they did not pass their probation. Should that individual be entitled to bring a claim for unfair dismissal, noting what the noble Lord, Lord Hendy, said? From the employer’s perspective, they are simply trying to safeguard their business, its culture and its ability to deliver results for clients. The smaller the business, the harder it is, as we have just heard and as, I think, the noble Lord accepted. Is it right that an employee should be granted full employment rights from day one, when both sides are still in a learning phase? Is it fair that a company could face the threat of an employment tribunal for unfair dismissal if the probationary period is not successful, on which we have had a lot of discussion? Whatever happens, should it go towards that phase? Should it never reach the employment tribunal? It is a gruelling process for both parties, and an expensive one—emotionally, culturally, and potentially in the pocket. The Government rightly seek to stimulate growth, as mentioned by the Minister on the previous group. For that to happen, businesses must feel confident in hiring. But, if the terms of employment are too burdensome, companies may hesitate to expand their workforce. It is imperative that the economy is prevented from becoming stagnant or, worse still, contracting. I simply do not understand why this clause is in the Bill. It does not propose anything that helps growth in this country.