Well, yes, there is always judicial review, if you are a flush enough employer and have 50,000 quid to spare. To be satisfied is a legal term of art. To be satisfied, looking at things internally, you have to have evidence that something is the case. You can have evidence that somebody is employed; it is marginally possible to have evidence that someone is employed for more than 20 hours a week, although I cannot see that that will often be the case. But I do not see how you can ever have evidence that employers have not performed the checks that they are required to perform under Clause 21(1), which is the duty that they are under. Employers will never provide any material and who else, other than employers, knows whether they have performed the checks?
Education and Skills Bill
Proceeding contribution from
Lord Lucas
(Conservative)
in the House of Lords on Thursday, 3 July 2008.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Education and Skills Bill.
About this proceeding contribution
Reference
703 c450 Session
2007-08Chamber / Committee
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