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Employment Rights Bill

My Lords, I support the amendment. It seems to be a reasonable change to get rid of the two years, and I think six months is a more reasonable representation. My question, though, is about how this will affect police officers.

Police officers are not employees. Their terms and conditions are governed by secondary legislation or police regulations. It is already quite difficult to remove the ones who should be removed because, first, they are represented by lawyers—I say this with all respect to the lawyers in the room—in the misconduct process. It never makes it quicker, and it always makes it more expensive. Secondly, when the assessment is made of whether the proof is there to sack them, the test of the standard of evidence is moved from the balance of probabilities to beyond reasonable doubt. That is the same standard for criminal proof, so it is quite a high standard, and they are represented by a lawyer. It gets quite difficult.

The two-year probationary period has always been a good way to remove those people who should be removed or who are not suited to the role. If we are to remove that two-year period, one of the measures by which we get rid of the worst officers will be lost, and I worry about that. We know from research that often the officers who turn bad later should have been removed in their probationary period, had everyone had the courage to take that decision.

I am not saying that it is wrong or right, nor that the police regulations should definitely change, but I would like to understand what the Government’s reaction is. We will have a group of people who are not classed as employees—police officers—who will still have a two-year period and, under the new scheme, might have none at all. This is a group I think we should pay particular attention to. Perhaps the Government might give their view on how they intend to deal with that.