Member

The idea that was mentioned in earlier groups by the noble Lord, Lord Leong, that this can all be sorted out by the tribunal down the line, is not good enough, for two reasons. First, the employment tribunals service is struggling under a massive backlog as it is. Secondly—this is perhaps an even more fundamental point—the employment tribunals are not a court of record. One tribunal may make a decision that a certain flexible working request was reasonably refused, but that is not going to be a binding precedent on the interpretation of those provisions. It is simply another first-instance decision that is not from a court of record and not capable of reliance upon in a subsequent tribunal. It would become a precedent only if it were appealed, it went to the Employment Appeal Tribunal and the Employment Appeal Tribunal made a ruling upon it. I suggest that it will not be economic for many employers to appeal those sorts of cases. I therefore very strongly support the amendments advanced by my noble friends.