Employment Relations Bill - continued        House of Commons
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Training.     6. In Chapter VA of Part I of the Trade Union and Labour Relations (Consolidation) Act 1992 (collective bargaining: recognition) as inserted by section 1 above, there shall be inserted after section 70A-
 
 
"Training.     70B. - (1) This section applies where-
 
    (a) a trade union is recognised, in accordance with Schedule A1, as entitled to conduct collective bargaining on behalf of a bargaining unit (within the meaning of Part I of that Schedule), and
 
    (b) a method for the conduct of collective bargaining is specified by the Central Arbitration Committee under paragraph 22(3) of that Schedule (and is not the subject of an agreement under paragraph 22(5)(a) or (b)).
      (2) The employer must from time to time invite the trade union to send representatives to a meeting for the purpose of-
 
 
    (a) consulting about the employer's policy on training for workers within the bargaining unit,
 
    (b) consulting about his plans for training for those workers during the period of six months starting with the day of the meeting, and
 
    (c) reporting about training provided for those workers since the previous meeting.
      (3) The date set for a meeting under subsection (2) must not be later than-
 
 
    (a) in the case of a first meeting, the end of the period of six months starting with the day on which this section first applies in relation to a bargaining unit, and
 
    (b) in the case of each subsequent meeting, the end of the period of six months starting with the day of the previous meeting.
      (4) The employer shall, before the period of two weeks ending with the date of a meeting, provide to the trade union any information-
 
 
    (a) without which the union's representatives would be to a material extent impeded in participating in the meeting, and
 
    (b) which it would be in accordance with good industrial relations practice to disclose for the purposes of the meeting.
      (5) Section 182(1) shall apply in relation to the provision of information under subsection (4) as it applies in relation to the disclosure of information under section 181.
 
      (6) The employer shall take account of any written representations about matters raised at a meeting which he receives from the trade union within the period of four weeks starting with the date of the meeting.
 
      (7) Where more than one trade union is recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, a reference in this section to "the trade union" is a reference to each trade union.
 
      (8) Where at a meeting under this section (Meeting 1) an employer indicates his intention to convene a subsequent meeting (Meeting 2) before the expiry of the period of six months beginning with the date of Meeting 1, for the reference to a period of six months in subsection (2)(b) there shall be substituted a reference to the expected period between Meeting 1 and Meeting 2.
 
      (9) The Secretary of State may by order made by statutory instrument amend any of subsections (3) to (6).
 
      (10) No order shall be made under subsection (9) unless a draft has been laid before, and approved by resolution of, each House of Parliament.
 
Section 70B: complaint to employment tribunal.     70C. - (1) A trade union may present a complaint to an employment tribunal that an employer has failed to comply with his obligations under section 70B in relation to a bargaining unit.
 
      (2) An employment tribunal shall not consider a complaint under this section unless it is presented-
 
 
    (a) before the end of the period of three months beginning with the date of the alleged failure, or
 
    (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
      (3) Where an employment tribunal finds a complaint under this section well-founded it-
 
 
    (a) shall make a declaration to that effect, and
 
    (b) may make an award of compensation to be paid by the employer to each person who was, at the time when the failure occurred, a member of the bargaining unit.
      (4) The amount of the award shall not, in relation to each person, exceed two weeks' pay.
 
      (5) For the purpose of subsection (4) a week's pay-
 
 
    (a) shall be calculated in accordance with Chapter II of Part XIV of the Employment Rights Act 1996 (taking the date of the employer's failure as the calculation date), and
 
    (b) shall be subject to the limit in section 227(1) of that Act.
      (6) Proceedings for enforcement of an award of compensation under this section-
 
 
    (a) may, in relation to each person to whom compensation is payable, be commenced by that person, and
 
    (b) may not be commenced by a trade union."
Unfair dismissal connected with recognition: interim relief.     7. In sections 128(1)(b) and 129(1) of the Employment Rights Act 1996 (interim relief) after "103" there shall be inserted "or in paragraph 79(2) of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992".
 
 
Leave for family and domestic reasons
Maternity and parental leave.     8. The provisions set out in Part I of Schedule 3 shall be substituted for Part VIII of the Employment Rights Act 1996.
 
Time off for domestic incidents.     9. The provisions set out in Part II of Schedule 3 shall be inserted after section 57 of that Act.
 
Consequential amendments.     10. Part III of Schedule 3 (which makes amendments consequential on sections 8 and 9) shall have effect.
 
 
Disciplinary and grievance hearings
Right to be accompanied.     11. - (1) This section applies where a worker-
 
 
    (a) is required or invited by his employer to attend a disciplinary or grievance hearing, and
 
    (b) the worker reasonably requests to be accompanied at the hearing.
      (2) Where this section applies the employer must permit the worker to be accompanied at the hearing by a single companion who-
 
 
    (a) is chosen by the worker and is within subsection (3),
 
    (b) is to be permitted to address the hearing (but not to answer questions on behalf of the worker), and
 
    (c) is to be permitted to confer with the worker during the hearing.
      (3) A person is within this subsection if he is-
 
 
    (a) an official of a trade union within the meaning of sections 1 and 119 of the Trade Union and Labour Relations (Consolidation) Act 1992, or
 
    (b) another of the employer's workers.
      (4) If-
 
 
    (a) a worker has a right under this section to be accompanied at a hearing,
 
    (b) his chosen companion will not be available at the time proposed for the hearing by the employer, and
 
    (c) the worker proposes an alternative time which satisfies subsection (5),
  the employer must postpone the hearing to the time proposed by the worker.
 
      (5) An alternative time must-
 
 
    (a) be reasonable, and
 
    (b) fall within the period of five working days beginning with the first working day after the day on which the worker was informed of the time proposed by the employer.
      (6) An employer shall permit a worker to take time off during working hours for the purpose of accompanying another of the employer's workers in accordance with a request under subsection (1)(b).
 
      (7) Sections 168(3) and (4), 169 and 171 to 173 of the Trade Union and Labour Relations (Consolidation) Act 1992 (time off for carrying out trade union duties) shall apply in relation to subsection (6) above as they apply in relation to section 168(1) of that Act.
 
 
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