Enterprise and Regulatory Reform Bill

AMENDMENTS
TO BE MOVED
ON REPORT

Clause 2

BARONESS WORTHINGTON

[As an amendment to the first amendment to page 2, line 9, printed on sheet HL Bill 83(e)]

 

Line 6, at end insert “and increase the likelihood of achieving carbon budgets and greenhouse gas targets under the Climate Change Act 2008.”

Clause 3

BARONESS WORTHINGTON

[As an amendment to the first amendment to page 2, line 39, printed on sheet HL Bill 83(e)]

 

Line 8, at end insert “and increase the likelihood of achieving carbon budgets and greenhouse gas targets under the Climate Change Act 2008.”

Clause 5

BARONESS WORTHINGTON

[As an amendment to the first amendment to page 3, line 30, printed on sheet HL Bill 83(e)]

 

Line 10, leave out paragraph (b) and insert “increase the likelihood of achieving carbon budgets and greenhouse gas targets under the Climate Change Act 2008.

(b) an explanation of how the reports and advice of the Committee on Climate Change (under sections 34, 36 and 38 of the Climate Change Act 2008) have been taken into account in the steps referred to in subsection (a); and

(c) a statement on the director’s views on the likely effect of its activities in those years on global greenhouse gas emissions and the achievement of carbon budgets and greenhouse gas targets under the Climate Change Act 2008.”

After Clause 15

VISCOUNT YOUNGER OF LECKIE

 

Insert the following new Clause—

“Worker subjected to detriment by co-worker or agent of employer

(1) In section 47B of the Employment Rights Act 1996 (protected disclosures), after subsection (1) insert—

“(1A) A worker (“W”) has the right not to be subjected to any detriment by any act, or any deliberate failure to act, done—

(a) by another worker of W’s employer in the course of that other worker’s employment, or

(b) by an agent of W’s employer with the employer’s authority,

on the ground that W has made a protected disclosure.

(1B) Where a worker is subjected to detriment by anything done as mentioned in subsection (1A), that thing is treated as also done by the worker’s employer.

(1C) For the purposes of subsection (1B), it is immaterial whether the thing is done with the knowledge or approval of the worker’s employer.

(1D) In proceedings against W’s employer in respect of anything alleged to have been done as mentioned in subsection (1A)(a), it is a defence for the employer to show that the employer took all reasonable steps to prevent the other worker—

(a) from doing that thing, or

(b) from doing anything of that description.

(1E) A worker or agent of W’s employer is not liable by reason of subsection (1A) for doing something that subjects W to detriment if—

(a) the worker or agent does that thing in reliance on a statement by the employer that doing it does not contravene this Act, and

(b) it is reasonable for the worker or agent to rely on the statement.

But this does not prevent the employer from being liable by reason of subsection (1B).”

(2) In section 48 of that Act (complaints to employment tribunals), in subsection (5)—

(a) for “includes, where” substitute “includes—

(a) where”;

(b) at the end insert—

“(b) in the case of proceedings against a worker or agent under section 47B(1A), the worker or agent.””

Clause 19

VISCOUNT YOUNGER OF LECKIE

 

Page 14, line 37, at end insert—

“( ) Section (Disclosures not protected unless believed to be made in the public interest), (Power to reduce compensation where disclosure not made in good faith), (Worker subjected to detriment by co-worker or agent of employer) or (Extension of meaning of “worker”) does not apply to a qualifying disclosure made before the section comes into force.

“Qualifying disclosure” here has the meaning given by section 43B of the Employment Rights Act 1996.”

Prepared 22nd February 2013