Session 2012 - 13
Internet Publications
Other Bills before Parliament
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | For other Amendment(s) see the following page(s):
|
|
| | Enterprise and Regulatory Reform Bill Committee 11 |
|
| | |
| | Enterprise and Regulatory Reform Bill |
|
| | |
| | | |
| | Clause 17, page 12, line 21, at end insert— |
|
| | | ‘( ) | Section [Confidentiality of negotiations before termination of employment] does |
|
| | | not apply to any offer made or discussions held before the commencement of that |
|
| | | |
| | | Confidentiality of negotiations before termination of employment |
|
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘After section 111 of the Employment Rights Act 1996 insert— |
|
| | | “111A | Confidentiality of negotiations before termination of employment |
|
| | | (1) | In determining any matter arising on a complaint under section 111, an |
|
| | | employment tribunal may not take account of any offer made or |
|
| | | discussions held, before the termination of the employment in question, |
|
| | | with a view to it being terminated on terms agreed between the employer |
|
| | | |
| | | | This is subject to the following provisions of this section. |
|
| | | (2) | Subsection (1) does not apply where, according to the complainant’s |
|
| | | case, the circumstances are such that a provision (whenever made) |
|
| | | contained in, or made under, this or any other Act requires the |
|
| | | complainant to be regarded for the purposes of this Part as unfairly |
|
| | | |
|
| |
| | |
| | |
| |
| | | (3) | In relation to anything said or done which in the tribunal’s opinion was |
|
| | | improper, or was connected with improper behaviour, subsection (1) |
|
| | | applies only to the extent that the tribunal considers just. |
|
| | | (4) | The reference in subsection (1) to a matter arising on a complaint under |
|
| | | section 111 includes any question as to costs, except in relation to an |
|
| | | offer made on the basis that the right to refer to it on any such question is |
|
| | | |
| | | (5) | Subsection (1) does not prevent the tribunal from taking account of a |
|
| | | determination made in any other proceedings between the employer and |
|
| | | the employee in which account was taken of an offer or discussions of the |
|
| | | kind mentioned in that subsection.”’. |
|
| | |
|
