UK Parliament / Open data

Education and Skills Bill

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?

About this proceeding contribution

Reference

703 c453 

Session

2007-08

Chamber / Committee

House of Lords chamber
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