Lord Jackson of Peterborough (Con)

My Lords, I rise to oppose the amendment in the name of the noble Lord, Lord Watson of Invergowrie, which was so ably enunciated by the noble Baroness, Lady O’Grady. I think that the amendment is neither fish nor fowl really. It is perfectly possible, as I understand it, for the Government to have already addressed this issue and, by statutory instrument, to set differential rates for compensation at employment tribunal. It seems rather a waste of time, and not necessarily a good use of ministerial time, to put in primary legislation another review. My substantial issue is also that this, again, tips the balance are much more towards the worker, unreasonably, and away from the employer. I think that is to be deprecated, because that is what we have seen in so many aspects of this Bill. This leads me to conclude something else as well. On a risk-based assessment of whether you would wish to employ a person, an employer may very well conclude—it may, unfortunately, be an encumbrance of being a female employee or potential employee—that “We do not wish to employ that person because she may apply for flexible working, and it is better to employ someone else”. This is particularly because of the risk that, in going to an employment tribunal, after already having believed they had behaved in a reasonable way, they would be subject to a potential substantial monetary fine, which will impact on their bottom line. That is not good for those workers. It is not for the women who wish to work and have flexibility. I broadly agree with the idea of reasonableness in applying for flexible working. That is how our jobs market and employment regime works now. Many women do want flexible working, and it is absolutely right that employers reasonably consider that. But I think this amendment is a step too far, because it will have the unintended consequence of making it more likely that women will not be employed because they may ask for flexible working. I think it is otiose: it is unnecessary, and it will not add to the efficacy of the Bill.