S.C.E.
NOTICES OF AMENDMENTS
given up to and including
Tuesday 16th February 1999
New Amendments handed in are marked thus *
STANDING COMMITTEE E
EMPLOYMENT RELATIONS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [16th February] as follows:
Clauses 8 to 10, Schedule 3, Clauses 11 to 15, Clauses 17 to 26, Schedule 4, Clause 1, Schedule 1, Clause 2, Schedule 2, Clauses 3 to 7, Clause 16, Clauses 27 to 35, Schedule 5, Clauses 36 to 38, new Clauses, new Schedules.
Mr Tim Boswell
Mr Tim Collins
30
*Schedule 3, page 47, line 42, after first 'be', insert 'reasonably.'
Mr Tim Boswell
Mr Tim Collins
31
*Schedule 3, page 48, line 6, at end insert—
'(c) May prescribe the appropriate form of notice to the employer by the employee of his intention to commence a period of ordinary maternity leave on a certain date: and the period of advance notice of such leave to be given in any circumstances, short of an emergency.'.
Mr Tim Boswell
Mr Tim Collins
32
*Schedule 3, page 48, line 27, at end insert ', or if the terms and conditions of service of similar employees has been altered during the period of her absence on leave, on terms and conditions no less favourable than those applicable to such similar employees.'.
Mr Tim Boswell
Mr Tim Collins
33
*Schedule 3, page 48, leave out lines 28 to 43.
Mr Tim Boswell
Mr Tim Collins
34
*Schedule 3, page 48, line 44, after 'conditions', insert, 'provided that they have served in that employment for a minimum qualifying period of two years.'.
Mr David Chidgey
Mr Brian Cotter
51
*Schedule 3, page 48, line 47, at end insert—
'(2A) The Secretary of State may make regulations concerning rights to additional maternity leave in the event of an employee becoming pregnant during a maternity leave period.'.
Mr Tim Boswell
Mr Tim Collins
35
*Schedule 3, page 48, line 49, after 'restrictions', insert 'and after consultation with her employer.'.
Mr David Chidgey
Mr Brian Cotter
59
*Schedule 3, page 50, line 6, leave out 'or expecting to have'.
Mr David Chidgey
Mr Brian Cotter
52
*Schedule 3, page 50, line 6, at end insert 'or children'.
Mr David Chidgey
Mr Brian Cotter
54
*Schedule 3, page 50, line 7, after 'on', insert 'unpaid'.
Mr Tim Boswell
Mr Tim Collins
36
*Schedule 3, page 50, line 7, at end insert 'provided that the child in question is related to the employee as either a natural or adoptive child or grandchild, or that the employer has been appointed to foster the child or is otherwise in loco parentis.'
Mr Tim Boswell
Mr Tim Collins
37
*Schedule 3, page 50, leave out lines 9 and 10.
Mr David Chidgey
Mr Brian Cotter
55
*Schedule 3, page 50, line 10, after 'child,' insert 'or children'.
Mr Tim Boswell
Mr Tim Collins
38
*Schedule 3, page 50, line 11, at end insert 'but the entitlement to parental leave shall cease to apply when the child has reached compulsory school age, unless that child is either an adoptive child or has special educational needs.'.
Mr David Chidgey
Mr Brian Cotter
56
*Schedule 3, page 50, line 11, at end insert 'or may not be taken'.
Mr David Chidgey
Mr Brian Cotter
57
*Schedule 3, page 50, line 24, leave out 'in all cases or'.
Mr David Chidgey
Mr Brian Cotter
58
*Schedule 3, page 50, line 28, after 'postponement', insert 'in specified cases'.
Mr Tim Boswell
Mr Tim Collins
39
*Schedule 3, page 50, line 31, at end insert ', and shall in all cases have regard to the reasonable requirements of the business by whom that employee is employed.'.
Mr David Chidgey
Mr Brian Cotter
53
*Schedule 3, page 50, line 31, at end insert—
'(f) specify a maximum period of absence which may be taken as part of a period of parental leave.'.
Mr Tim Boswell
Mr Tim Collins
40
*Schedule 3, page 50, line 32, leave out from beginning to end of line 4 on page 51.
Mr David Chidgey
Mr Brian Cotter
60
*Schedule 3, page 51, line 5, leave out 'may' and insert 'shall'.
Mr David Chidgey
Mr Brian Cotter
61
*Schedule 3, page 51, line 14, leave out 'may' and insert 'shall'.
Mr David Chidgey
Mr Brian Cotter
62
*Schedule 3, page 51, line 21, leave out 'may' and insert 'shall'.
Mr David Chidgey
Mr Brian Cotter
63
*Schedule 3, page 51, line 22, leave out first 'may' and insert 'shall'.
Mr David Chidgey
Mr Brian Cotter
65
*Schedule 3, page 51, line 23, at end insert ',such consent not being unreasonably withheld.'.
Mr David Chidgey
Mr Brian Cotter
64
*Schedule 3, page 51, line 24, leave out 'may' and insert 'shall'.
Mr Tim Boswell
Mr Tim Collins
Mr David Chidgey
Mr Brian Cotter
41
*Schedule 3, page 51, leave out lines 25 to 27.
Mr Tim Boswell
Mr Tim Collins
42
*Schedule 3, page 51, line 30, after first 'leave' insert (excluding additional maternity leave)'.
Mr David Chidgey
Mr Brian Cotter
49
*Schedule 3, page 51, line 31, leave out from '76' to end of line 49 and insert 'shall—
(a) make provision about notices to be given and evidence to be produced by employees to employers, by employers to employees, and by employers to other employers;
(b) make provision for different cases or circumstances, which may include special provision (which shall not amount to an exemption) for circumstances where work is of a seasonal nature, where a replacement cannot be found within the notice period, where a significant proportion of the work force applies for parental leave at the same time or where a specific function is of huge importance.'.
Mr Tim Boswell
Mr Tim Collins
43
*Schedule 3, page 51, line 35, at end insert ', provided that wherever practicable employers may make use of their existing record systems'.
Mr David Chidgey
Mr Brian Cotter
50
*Schedule 3, page 51, line 49, at end insert—
'(1A) Regulations under section 76 may, in particular,—
(a) make provision requiring employers or employees to keep records;
(b) make provision about other procedures to be followed by employees and employers;
(c) make provision (including provision creating criminal offences) specifying the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;
(d) make provision specifying the consequences of failure to act in accordance with a notice given by virtue of subsection (1);
(e) make special provision for cases where an employee has a right which corresponds to a right conferred by the regulations and which arises under his contract of employment or otherwise;
(f) make provision applying, modifying or excluding an enactment, in such circumstances as shall be specified and subject to any conditions specified, in relation to a person entitled to parental leave;'.
Mr Tim Boswell
Mr Tim Collins
44
*Schedule 3, page 52, line 2, leave out 'or expedient'.
Mr David Chidgey
Mr Brian Cotter
67
*Schedule 3, page 52, line 9, after 'unreasonably,' insert 'withheld or'.
Mr David Chidgey
Mr Brian Cotter
48
*Schedule 3, page 53, line 6, leave out from first 'to' to end of line 35 and insert 'leave from his or her employment for urgent family reasons, owing to the injury or illness of any of the persons listed in subsection 3 below, or other grave incidents, provided that entitlement to time off for such domestic incidents is limited to such circumstances where the immediate presence of the employee, at the place where the ill or injured person is situated, or the grave incident occurred, is indispensable.
(2) During an absence in order to deal with a domestic incident an employee is to be regarded as being in the employment of the employer, and retains all of his or her employment rights.
(3) The persons referred to in subsection (1) above are—
(a) a child or an adopted child of the employee;
(b) the spouse of the employee or a person with whom the employee is living as husband or wife;
(c) a person in relation to whom the employee is in loco parentis;
(d) a brother or sister of the employee;
(e) a parent or an adoptive parent of the employee;
(f) any other person for whom the employee acts as primary carer.
(4) As soon as reasonably practicable after his or her return to work after an absence to deal with the domestic incident, an employee must confirm to his or her employer that he or she has taken the leave.
(5) An employee may not be absent to deal with domestic a incident for more than three days in any twelve consecutive months, or five days in any thirty-six consecutive months.
(6) For the purpose of subsection (5) absence for part of a day is to be counted as one day's leave entitlement.'.
