S.C.E.
Amendment Paper as at
Tuesday 2nd March 1999
STANDING COMMITTEE E
EMPLOYMENT RELATIONS BILL
NOTE
The Amendments have been arranged in accordance with the Order to be proposed by Mr Ian McCartney.
Mr Ian McCartney
To move, That the remainder of the Bill be considered in the following order: Clauses 17 to 26, Schedule 4, Clause 15, 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
109
Clause 17, page 10, line 24, at end insert—
'Provided that in the event that such a fixed-term contract is not renewed, there shall be no unfair dismissal solely on the basis that the fixed-term worker was selected for dismissal or redundancy without there having been included in the process of selection employees not on fixed-term contracts.'.
Mr Tim Boswell
Mr Tim Collins
110
Clause 18, page 10, line 36, at end insert ', unless such less favourable treatment is objectively justified.'.
Mr Graham Brady
116
Clause 18, page 10, line 36, at end insert ', except where there is justification on the grounds of increased costs to an employer arising from employing more than one part-time employee in place of a comparable full-time employee.'.
Mr Graham Brady
118
Clause 18, page 10, line 36, at end insert—
'(1A) The Secretary of State shall publish within two years of the coming into force of the regulations a report setting out the impact which the regulations have had on levels of part-time working in the United Kingdom's economy.'.
Mr Tim Boswell
Mr Tim Collins
111
Clause 18, page 11, line 9, at end insert—
'(aa) direct the taking into account by such tribunals of the financial and other resources of the employer in assessing either any liability or compensation.'.
Mr Tim Boswell
Mr Tim Collins
112
Clause 18, page 11, line 15, after 'who', insert 'knowingly'.
Mr David Chidgey
Mr Brian Cotter
103
Clause 21, page 13, line 5, at end insert 'including their age or sexual orientation'.
Mr Tim Boswell
Mr Tim Collins
113
Clause 21, page 13, line 5, at end insert ', but only insofar as the individual is a worker within the meaning of section 14.'.
Mr Tim Boswell
Mr Tim Collins
115
Clause 21, page 13, line 9, leave out 'workers' contracts or'.
Mr Tim Boswell
Mr Tim Collins
106
Clause 15, page 9, line 19, after 'agreement', insert 'which is legally binding'.
Mr Ian McCartney
119
Page 8, line 37, leave out Clause 15.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
1
Page 1, line 6, leave out Clause 1.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
3
Schedule 1, page 20, line 14, leave out '(or trade unions)'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
4
Schedule 1, page 20, line 22, after second 'employer', insert '(or employers)'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
5
Schedule 1, page 20, leave out lines 27 to 29.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
6
Schedule 1, page 20, line 35, after 'employer', insert '(or employers)'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
7
Schedule 1, page 20, line 42, at end insert 'and if it ceases to be independent at any future time when recognised under this Schedule, its recognition shall be automatically voided'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
8
Schedule 1, page 21, line 1, leave out ', taken with any associated employer or employers,'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
9
Schedule 1, page 21, line 2, leave out '21' and insert '51'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
10
Schedule 1, page 21, line 2, leave out from 'made' to end of line 3.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
11
Schedule 1, page 21, line 41, leave out '10' and insert '20'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
12
Schedule 1, page 22, line 24, leave out '10' and insert '20'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
13
Schedule 1, page 22, line 29, leave out '10' and insert '20'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
14
Schedule 1, page 23, line 11, after 'small', insert 'or'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
15
Schedule 1, page 23, line 35, after 'are', insert 'fully paid up'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
16
Schedule 1, page 23, line 35, at end insert 'and that their membership has not lapsed owing to resignation, disqualification or the non-payment of dues'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
17
Schedule 1, page 23, line 47, leave out 'significant'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
18
Schedule 1, page 24, leave out line 30.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
19
Schedule 1, page 24, leave out line 32.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
20
Schedule 1, page 24, leave out lines 33 to 38.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
21
Schedule 1, page 24, line 35, leave out from 'malpractice' to end of line 36.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
22
Schedule 1, page 25, leave out lines 4 to 7.
Mr Graham Brady
Mr John Bercow
104
Schedule 1, page 25, line 9, at end insert 'unless he can demonstrate that to do so would conflict with his religious beliefs.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
23
Schedule 1, page 25, line 10, leave out 'generally'.
Mr Graham Brady
Mr John Bercow
105
Schedule 1, page 25, line 44, after '17', insert 'except for reasons of religious conscience'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
24
Schedule 1, page 25, line 46, leave out from 'order' to end of line 48.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
25
Schedule 1, page 26, line 28, at end insert—
'(7A) A person appointed to conduct a ballot shall, if required by either party, give an estimate of the likely gross costs of the ballot before it is held, but shall be entitled in the absence of any negligence on his part in the conduct of the ballot, to recover the full gross costs under sub-paragraph (4).'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
26
Schedule 1, page 26, line 36, leave out '40' and insert '50'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
27
Schedule 1, page 28, line 9, after 'unit', insert 'and have done so for a period of at least 13 weeks.'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
28
Schedule 1, page 28, line 33, leave out '10' and insert '20'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
29
Schedule 1, page 29, line 17, after 'another', insert ' ,and it shall give the reasons for its decision in writing,'.
Mr Tim Boswell
Mr Tim Collins
107
Clause 16, page 10, line 10, after 'he', insert 'unreasonably'.
Mr Tim Boswell
Mr Tim Collins
108
Clause 16, page 10, line 11, after 'agreement', insert 'which is legally binding and'.
Mr Tim Boswell
Mr Tim Collins
114
Clause 29, page 17, line 12, leave out 'twenty-six nor more than fifty-two', and insert 'thirteen nor more than twenty-six'.
