S.C.E.
Amendment Paper as at
Thursday 18th March 1999
STANDING COMMITTEE E
EMPLOYMENT RELATIONS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [2nd March], as follows:
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
255
Schedule 2, page 46, line 14, after second 'any' insert 'wilful and'.
Mr Tim Boswell
Mr Tim Collins
256
Schedule 2, page 46, line 14, after second 'act', insert 'by way of discrimination'.
Mr Tim Boswell
Mr Tim Collins
257
Schedule 2, page 46, line 17, at end insert 'wilful and'.
Mr Tim Boswell
Mr Tim Collins
259
Schedule 2, page 46, line 17, at end insert 'or if that is unclear, to the date on which the discrimination becomes apparent.'.
Mr Tim Boswell
Mr Tim Collins
258
Schedule 2, page 46, line 20, after 'individual', add 'by way of discrimination.'
Mr Tim Boswell
Mr Tim Collins
260
Clause 3, page 1, line 19, after 'compilation', add 'or misuse'.
Mr Ian Bruce
273
Clause 3, page 2, line 2, after 'of', insert 'restricting or preventing'.
Mr Tim Boswell
Mr Tim Collins
261
Clause 3, page 2, line 2, at end add 'whether by way of positive or negative discrimination.'.
Mr Tim Boswell
Mr Tim Collins
262
Clause 3, page 2, line 7, at end insert 'where the relationship of the complainee and the complainant is an employment relationship.'.
Mr Tim Boswell
Mr Tim Collins
263
Clause 4, page 2, line 34, at end add 'together with a means of communicating such information to those employees.'.
Mr Tim Boswell
Mr Tim Collins
264
Clause 4, page 2, line 37, at end insert—
'(c) if a notice does not name any employees and the notice makes a reckless claim as to their number, then the notice of ballot may be invalidated.'.
Mr Tim Boswell
Mr Tim Collins
265
Clause 6, page 3, line 31, after 'must', insert 'if required to do so by the decision of the Central Arbitration Committee.'.
Mr Tim Boswell
Mr Tim Collins
266
Clause 6, page 3, line 40, at end add 'including an appropriate evaluation of, its efficiency and value.'.
Mr Tim Boswell
Mr Tim Collins
267
Clause 6, page 4, line 2, leave out 'six' and insert 'twelve'.
Mr Tim Boswell
Mr Tim Collins
268
Clause 6, page 4, line 23, at end add 'or a person acting on its behalf.'.
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
269
Clause 27, page 15, line 16, at end insert 'in connection with the conduct of industrial relations.'.
Mr David Chidgey
Mr Brian Cotter
253
Clause 27, page 15, line 19, at end add 'in consultation with representatives of employers and employees'.
Mr Tim Boswell
Mr Tim Collins
270
Clause 27, page 15, line 19, at end add—
'(3) The Secretary of State shall make a report annually to both Houses of Parliament on the extent and efficacy of any such expenditure.'.
Mr Ian Bruce [R]
120
Clause 28, page 15, leave out lines 22 to 37.
Mr Ian Bruce [R]
122
Clause 28, page 15, line 31, at end insert—
'Provided that regulations under this section shall only be made with the purpose of protecting employees' rights and not otherwise to interfere with the commercial relationship between such agencies or businesses and employers'.
Mr Ian Bruce [R]
254
Clause 28, page 16, leave out lines 10 to 16.
Mr Ian Bruce [R]
121
Clause 28, page 16, leave out lines 17 to 49.
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'.
Mr Tim Boswell
Mr Tim Collins
271
Clause 30, page 17, line 31, at end insert 'by more than 1 per cent.'.
Mr Tim Boswell
Mr Tim Collins
272
Clause 30, page 18, line 5, leave out '£50,000' and insert '£40,000'.
NEW CLAUSES
Unfair dismissal of striking workers
Mr Ian McCartney
NC5
To move the following Clause:—
'. Schedule (Unfair dismissal of striking workers) shall have effect.'.
Implementation of European Union Directives
Mr Graham Brady
NC1
To move the following Clause:—
'.—(1) Where regulations are made under this Act for the purpose of implementing any European Union directive in United Kingdom law, the Secretary of State shall in each case publish a statement setting out where those regulations go beyond the minimum requirements of the directive.
(2) A statement under subsection (1) shall also give estimates of—
(a) the cost to business which will arise from the regulations; and
(b) the cost which would have arisen from implementing the minimum standard permissible under the directive.'.
Report on Act's effect on the economy
Mr John Bercow
NC2
To move the following Clause:—
'. Twelve months after the coming into force of this Act, and annually thereafter, the Department of Trade and Industry shall publish a detailed qualitative and quantitative report, following consultation with representatives of employers and trade unions, on the impact on the economy of its provisions.'.
Waiving of provisions relating to parenting and domestic incidents
Mr John Bercow
NC3
To move the following Clause:—
'. In the event of adverse economic conditions, including any such conditions highlighted in a report under section (Report on Act's effect on the economy), authority shall be sought from the European Union to waive or relax the provisions relating to leave for parenting and for the handling of domestic incidents.'.
Annual debate on small firms
Mr John Bercow
NC4
To move the following Clause:—
'. Following the coming into force of this Act, the annual parliamentary debate on small firms shall include consideration of its impact on those firms, as compared with the impact of the Family and Medical Leave Act 1993 on small firms in the United States.'.
General duty of ACAS
Mr Tim Boswell
Mr Tim Collins
NC6
To move the following Clause:—
' . In section 209 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ACAS's general duty) add at the end "so far as may be consistent with individual and collective employment rights, and the promotion of an efficient and competitive economy in the United Kingdom".'.
Discrimination in the work-place on grounds of age
Mr David Chidgey
Mr Brian Cotter
NC7
To move the following Clause:—
'—(1) The Secretary of State may make regulations for the purpose of prohibiting, in relation to any employment matter, discrimination by an employer against another person on grounds of that person's age.
(2) In subsection (1) "employment matter" includes—
(a) the offer or refusal of employment;
(b) the termination of employment;
(c) terms and conditions of employment;
(d) the provision of training or skills development opportunities;
(e) promotion and career progression.
(3) Regulations under subsection (1) may—
(a) specify the types of action, or failure to take action, which are to be taken to constitute discrimination for the purpose of this section;
(b) confer jurisdiction (including exclusive jurisdiction) on employment tribunals and on the Employment Appeal Tribunal in relation to cases brought under this section;
(c) provide for penalties to be imposed or, as the case may be, compensation to be awarded in respect of offences committed under paragraph (a) above;
(d) specify exceptional circumstances in which, in any proceedings arising under this section, it would be a defence for an employer to show, having regard to the nature and commercial viability of the business or undertaking in question, that—
(i) it was reasonable for him, in deciding to treat one employee differently from another in relation to an employment matter, to take account of the respective ages of the relevant employees, or
(ii) age was not a significant factor in any decision to treat one employee differently from another in relation to an employment matter.
(4) No regulations shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.'.
