As we are on Clause 25, I ask what the significance is of subsection (5). It states: "““Such a notice need not be given in writing but, if it is not, the employer may, on the occasion when the notice is given, require it to be given in writing””—"
here comes the puzzling bit— "““and, if the employer does so, the notice is not to be treated as having been given until given in writing””."
That suggests that it is perfectly in order for him not to ask for it in writing and, if he does not ask for it in writing, it will be accepted as having been given when it was given verbally.
That places a very odd legal interpretation on the evidence of the word of the employee. Will the employer have to give evidence as to why he trusted the word of the employee without asking to have it given in writing? If the employee is tardy in giving it in writing, should the employer suspend the employment in order not to be in breach of his duties under Clause 22 by employing him when he has no assurance that the arrangements the notice refers to have been made?
Education and Skills Bill
Proceeding contribution from
Lord Elton
(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 c453 Session
2007-08Chamber / Committee
House of Lords chamberSubjects
Librarians' tools
Timestamp
2023-12-15 23:24:21 +0000
URI
http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_490070
In Indexing
http://indexing.parliament.uk/Content/Edit/1?uri=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_490070
In Solr
https://search.parliament.uk/claw/solr/?id=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_490070