Enterprise and Regulatory Reform Bill

Page 4, line 32, at end insert—

“( ) Should the intervention of the conciliation officer not result in an agreed settlement, the claimant may proceed immediately to an Employment Tribunal.”

Page 4, line 33, leave out from beginning to end of line 5 on page 5

Page 5, leave out lines 6 to 8

Page 5, leave out lines 23 to 43

Baroness Turner of Camden gives notice of her intention to oppose the Question that Clause 11 stand part of the Bill.

Insert the following new Clause—

“Duty on employers to prevent detriment caused by others to workers who have made protected disclosures

(1) The Secretary of State shall make regulations requiring an employer, where a worker has made a protected disclosure under section 43A of the Employment Rights Act 1996, to take reasonable steps to ensure that the worker is not subjected to any detriment by any act, or any deliberate failure to act, by a person other than his employer done on the ground that the worker has made the disclosure.

(2) Regulations under this section—

(a) are to be made by statutory instrument, and

(b) are not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Insert the following new Clause—

“Removal of requirement for protected disclosures to be made in good faith

(1) The Employment Rights Act 1996 is amended as follows.

(2) In section 43C(1) (disclosure to employer or other responsible person), leave out “in good faith”.

(3) In section 43E(b) (disclosure to Minister of the Crown), leave out “in good faith”.

(4) In section 43F(1)(a) (disclosure to prescribed person), leave out “in good faith”.

(5) In section 43G (disclosure in other cases), in subsection (1)(a) leave out “makes the disclosure in good faith” and in paragraph (b) leave out “he”.

(6) In section 43H (disclosure of exceptionally serious failure), in subsection (1)(a) leave out “makes the disclosure in good faith” and in paragraph (b) leave out “he”.

Baroness Turner of Camden gives notice of her intention to oppose the Question that Clause 61 stand part of the Bill.