Employment Bill [Lords]

One such example might be where an employee had been found to have a case, but they had not complied with the code. Although they still had a case, the tribunal might judge that the award to them should be lowered by up to 25 per cent. The Government are making substantial further investment—up to £37 million over three years—to improve the accessibility of the advice services provided by ACAS and to provide additional ACAS conciliation services for disputes before they become the subject of an employment tribunal claim. That is important, because we are not only repealing the statutory procedures in place; we are providing additional funding for the conciliation that we think can help to resolve more disputes earlier. ACAS has a good reputation among both employers and employees, and expanding its work in this way should give more support to the earlier resolution of disputes. Before I move on from discussing the Gibbons review, I am happy to inform the hon. Member for North-East Hertfordshire (Mr. Heald) that the closing date for the code consultation is 24 July. The Bill also contains two legislative changes intended to maximise the effectiveness of ACAS conciliation. Clause 5 changes ACAS's existing duty to conciliate in cases that are not yet the subject of a tribunal claim, on request of the parties, into a power. That will enable ACAS to prioritise its case load effectively within its statutory powers. Clause 6 removes the time restrictions on ACAS's duty to offer conciliation to parties already involved in employment tribunal claims, thus ensuring that ACAS conciliation is open to parties right up until the tribunal hears the case. One of the effects of the current system has been that people's minds are often not concentrated fully until the tribunal hearing is almost upon them, and that provision will enable ACAS to continue to offer its services right up until that moment. Michael Gibbons recommended that some tribunal cases, which hinge on the determination of facts in monetary disputes, could be dealt with more quickly. That could largely be achieved by changes to employment tribunal practice, but, again, legislative changes in the Bill provide support. Clause 4 creates additional safeguards, should the Government decide to activate as yet unused powers for employment judges to decide cases using written evidence without a hearing. Clause 7 simplifies the process for claimants who have suffered direct financial losses arising out of the employer's non-payment of money due—such losses could arise as a result of bank charges for unauthorised overdrafts. In those circumstances, the tribunal would be able to make an additional award against the employer to provide compensation for such losses, rather than leaving the claimant to bring a separate action in the small claims court.