Amendments proposed to the Employment Relations Bill, As Amended - continued House of Commons

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Annual assessment of compliance costs (small businesses)

   

Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]

NC8

*To move the following Clause:—

    'The Secretary of State shall prepare and present to Parliament annually a statement of the costs incurred by small businesses employing fewer than 51 workers in complying with the provisions of this Act, and shall prepare and submit annually to the Chancellor of the Exchequer proposals for rebating all or part of their costs through a reduction in employers' national insurance contributions.'.


Suspension of Act in case of extreme economic difficulty

   

Mr William Hague

Mr Peter Lilley [R]

Mr James Arbuthnot

Mr John Redwood [R]

Mr Tim Boswell [R]

Mr Christopher Chope [R]

NC9

*To move the following Clause:—

    '.—(1) Where it seems to the Secretary of State that the economy of the country is faced with extreme economic difficulty (including, though not exclusively, an inability to compete with overseas providers in the sale of goods or services or a reduction in employment), he may make an Order suspending all or any of the provisions of this Act, either generally or with reference to particular sectors of industry, size of businesses in terms of their labour force or turnover, or types of employment.

    (2) No order under sub-section (1) shall be made unless a draft of it has been laid before and approved by resolution of, each House of Parliament.

    (3) A further order ("a second Order") having the same or a substantially similar effect may be made after the expiry of a previous order under subsection (1) and a previous Order; but no further order or with the same or substantive similar effect (a "third Order") may be made thereafter until for a period of at least twelve months has elapsed since the making of the corresponding second Order.


Assessment of working days lost as a result of Act

   

Mr William Hague

Mr Peter Lilley [R]

Mr James Arbuthnot

Mr John Redwood [R]

Mr Tim Boswell [R]

Mr Christopher Chope [R]

NC10

*To move the following Clause:—

    '.—The Secretary of State shall prepare and present to Parliament annually an assessment of the total number of working days lost owing to industrial action in the previous calendar year, with particular reference to action arising in connection with recognition disputes between employers and trade unions.

    (2) If at any time it appears to him that the number of days lost in industrial disputes has exceeded five million in a year, or is likely to do so in the current year, he may make an order suspending all or part of the provisions of this Act.

    (3) No order under subsection (2) shall be made unless a draft of it has been laid before and approved by a Resolution of each House of Parliament.'.


   

Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]

11

*Page     1,     line     19     [Clause     3],     leave out 'compilation' and insert 'use'.

   

Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]

12

*Page     1,     line     21     [Clause     3],     leave out from 'unions' to end of line 4 on page 2.


   

Mr Secretary Byers

51

*Page     2     [Clause     4],     leave out from line 22 to line 17 on page 3 and insert—

    '. Schedule (Ballots and notices) shall have effect.'.


   

Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]

13

*Page     3,     line     17     [Clause     5],     after 'union', insert '(or, if acting together, unions)'.

   

Mr David Chidgey
Mr Brian Cotter

49

*Page     3,     line     35     [Clause 6],     after 'for', insert 'all or any'.


   

Mr Graham Brady

42

*Page     5,     line     35     [Clause     11],     at beginning 'Except where the religious beliefs of an employer would be compromised,'.

   

Mr Graham Brady

40

*Page     5,     line     38     [Clause 11],     at end insert—

    '(1A) This section shall not apply to an employer who shows that to comply with it would conflict with his religious beliefs.


   

Mr Graham Brady

44

*Page     6,     line     6     [Clause     11],     at end insert—

      '(d) is to be permitted to speak only on matters which are directly relevant to the subject of the hearing'.

   

Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]

4

*Page     6,     line     9     [Clause     11],     at end insert ', provided that he is a full-time official.'.

   

Mr Graham Brady

43

*Page     6,     line     32     [Clause     12],     at beginning insert 'Except where the employer can show that to have acted otherwise would have compromised his religious principles,'.

   

Mr Graham Brady

41

*Page     6,     line     33     [Clause     12],     at end insert 'but such complaint shall not succeed if the employer can show that he was unable to comply as a consequence of his religious conscience.'.


   

Mr Secretary Byers

166

*Page     7,     line     9     [Clause     12],     at end insert—

    '( ) The limit in section 227(1) of the Employment Rights Act 1996 (maximum amount of week's pay) shall apply for the purposes of subsection (3) above.'.

   

Mr Secretary Byers

53

*Page     7,     line     30     [Clause     13],     at end insert—

            '( ) Sections 128 to 132 of that Act (interim relief) shall apply in relation to dismissal for the reason specified in subsection (3)(a) or (b) above as they apply in relation to dismissal for a reason specified in section 128(1)(b) of that Act.'.

   

Mr David Chidgey
Mr Brian Cotter

50

*Page     7,     line     33     [Clause 13],     at end insert—

    '(6) In the application of subsections (1)b and 3(b) above, where a worker seeks to accompany another worker not of the same employer, the employer of the accompanying worker shall be entitled to require that worker to take unpaid leave while absent from their place of work during such period or periods.'.


   

Mr Secretary Byers

54

*Page     9,     line     12     [Clause     17],     leave out '(4)' and insert '(5)'.

   

Mr Secretary Byers

55

*Page     9     [Clause     17],     leave out lines 20 and 21 and insert—

    '(4) In section 23 of the National Minimum Wage Act 1998, for subsection (4) there shall be substituted—

            "(4) This section does not apply where the detriment in question amounts to dismissal within the meaning of—

            (a) Part X of the Employment Rights Act 1996 (unfair dismissal), or

            (b) Part XI of the Employment Rights (Northern Ireland) Order 1996 (corresponding provision for Northern Ireland),

            except where in relation to Northern Ireland the person in question is dismissed in circumstances in which, by virtue of Article 240 of that Order (fixed term contracts), Part XI does not apply to the dismissal."

    (5) In paragraph 1 of Schedule 3 to the Tax Credits Act 1999, for sub-paragraph (3) there shall be substituted—

            "(3) This paragraph does not apply where the detriment in question amounts to dismissal within the meaning of—

            (a) Part X of the Employment Rights Act 1996 (unfair dismissal), or

            (b) Part XI of the Employment Rights (Northern Ireland) Order 1996 (corresponding provision for Northern Ireland),

            except where in relation to Northern Ireland the employee is dismissed in circumstances in which, by virtue of Article 240 of that Order (fixed term contracts), Part XI does not apply to the dismissal." '.


   

Mr Secretary Byers

57

*Page     11     [Clause     20],     leave out lines 13 to 18 and insert—

    '( ) If the draft code is approved by resolution of each House of Parliament, the Secretary of State shall issue the code in the form of the draft.'.


   

Mr Secretary Byers

58

*Page     13,     line     12     [Clause     23],     leave out subsection (5) and insert—

    '(5) If—

      (a) a panel cannot reach a unanimous decision on a question arising before it, and

      (b) a majority of the panel have the same opinion,

    the question shall be decided according to that opinion.

    (5A) If—

      (a) a panel cannot reach a unanimous decision on a question arising before it, and

      (b) a majority of the panel do not have the same opinion,

    the chairman of the panel shall decide the question acting with the full powers of an umpire or, in Scotland, an oversman.'

   

Mr Graham Brady

48

*Page     13,     line     39     [Clause 25],     at end insert—

    —'(1) The Secretary of State may make regulations prohibiting employers from knowingly engaging an employee in a position where a conflict of interest could arise which might expose the employee to criminal, civil or regulatory proceedings.

    (2) Regulations under this section may provide for the imposition of a fine, not exceeding level 6 on the stated scale, or a person convicted of an offence under subsection (1).

    (3) Regulations under this section shall not be made unless a draft thereof has been laid before, and approved by a Resolution of, each House of Parliament.'.

 
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Prepared 25 Mar 1999