S.C.E.
Amendment Paper as at
Tuesday 23rd February 1999
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
Mr John Bercow
30
Schedule 3, page 47, line 42, after first 'be', insert 'reasonably.'
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
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 her 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
Mr John Bercow
32
Schedule 3, page 48, line 27, at end insert ', or, if the terms and conditions of service of similar employees have 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
Mr John Bercow
33
Schedule 3, page 48, leave out lines 28 to 43.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
34
Schedule 3, page 48, line 44, after 'conditions', insert 'provided that she has 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
Mr John Bercow
35
Schedule 3, page 48, line 49, after 'restrictions', insert 'and after consultation with her employer.'.
Mr Ian McCartney
70
Schedule 3, page 49, line 25, leave out 'this section' and insert 'subsection (1) or (2)'.
Mr Ian McCartney
71
Schedule 3, page 49, line 29, at end insert—
'( ) Regulations under section 73 may make provision—
(a) for section 73(4)(c) not to apply in specified cases, and
(b) about dismissal at the conclusion of an additional maternity leave period.'.
Mr David Chidgey
Mr Brian Cotter
59
Schedule 3, page 50, line 6, leave out 'or expecting to have'.
Mr Graham Brady
68
Schedule 3, page 50, line 6, leave out 'responsibility' and insert 'day-to-day responsibility to care'.
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
Mr John Bercow
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
Mr John Bercow
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
Mr John Bercow
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 Graham Brady
69
Schedule 3, page 50, line 11, at end insert—
'(2A) A man may not satisfy these conditions on more than one occasion during any 12 month period.'.
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 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
Mr John Bercow
39
Schedule 3, page 50, line 31, at end insert ', and shall have regard to the reasonable requirements of those businesses on whose employees rights are conferred under this chapter.'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
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
Mr John Bercow
41
Schedule 3, page 51, leave out lines 25 to 27.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
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
Mr John Bercow
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
Mr John Bercow
44
Schedule 3, page 52, line 2, leave out 'or expedient'.
