Amendment Paper as at
Tuesday 30th March 1999
CONSIDERATION OF BILL
EMPLOYMENT RELATIONS BILL, AS AMENDED
NEW CLAUSES
Compensatory award etc: removal of limit in certain cases
Mr Secretary Byers
NC11
To move the following Clause:—
'.—(1) After section 124(1) of the Employment Rights Act 1996 (limit of compensatory award etc) there shall be inserted—
"(1A) Subsection (1) shall not apply to compensation awarded, or a compensatory award made, to a person in a case where he is regarded as unfairly dismissed by virtue of section 100, 103A, 105(3) or 105(6A)."
(2) Section 127B of that Act (power to specify method of calculation of compensation where dismissal a result of protected disclosure) shall cease to have effect.'.
Small employers' exemption
Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]
NC1
To move the following Clause:—
'.—(1) The additional individual rights conferred by sections 8 to 21 of, and Schedule 3 to, this Act shall not apply to any worker unless the employer of that worker, taken with any associated employer or employers, employs—
(a) at least 51 workers on the day in respect of which the employee claims the right, or
(b) an average of at least 51 workers in the 13 weeks ending with that day, to be determined in accordance with the methodology established under paragraph 6(2) of Schedule 1 to this Act.
(2) The lower of the two figures in subsection 1(a) or 1(b) shall be known as the qualifying limit.
(3) The Secretary of State may make an Order modifying the qualifying limit for workers, or applying, varying or disapplying any rights conferred under this Act for workers employed in numbers below the qualifying limit, but no such order may be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
(4) An Order under subsection 3 may make provision for the continuation of employment rights mentioned in subsection (1) and already enjoyed by an individual worker or workers at the time of the passing of this Act.'.
Microbusiness exemption
Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]
NC2
To move the following Clause:—
'.—(1) Subject to subsection (2) below, the Secretary of State may by Order disapply or modify such rights of individual workers under the Employment Rights Act 1996 (but excluding any rights conferred under that Act by the provisions of this Act) as he deems appropriate in the interests of businesses employing 10 or fewer workers (or such lesser or greater number as he may by Order specify from time to time).
(2) An Order under subsection (1) shall not apply to rights already enjoyed by individual workers at the time at the passing of this Act.
(3) No Order under subsection (1) shall be made unless a draft of it has been laid before, and approved by a Resolution of, each House of Parliament.'.
Codes of good employment practice
Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]
NC3
To move the following Clause:—
'.—(1) The Secretary of State may prepare, with the assistance of the Advisory Conciliation and Arbitration Service and after consultation with representatives of employers and employees, a Code or Codes of Good Employment Practice.
(2) Adherence to such a Code or Codes may be relied on as a defence to any proceedings before an employment tribunal by any employer who can demonstrate that his actions and procedures in connection with employment were reasonable in relation to the circumstances of his business, including its scale, turnover and labour force.
(3) No Code shall be issued under subsection (1) unless a draft of it has been laid before, and approved by a Resolution of, each House of Parliament.'.
Discrimination in the work-place on grounds of age
Mr Paddy Ashdown
Mr A. J. Beith
Mr David Chidgey
Mr Brian Cotter
Mr Paul Tyler
Mr Colin Breed
NC4
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.'.
Discrimination in the work-place on grounds of sexual orientation
Mr Paddy Ashdown
Mr A. J. Beith
Mr David Chidgey
Mr Brian Cotter
Mr Paul Tyler
Mr Colin Breed
NC5
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 sexual orientation.
(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.
(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.'.
Discrimination in the work-place (general prohibition)
Mr Paddy Ashdown
Mr A. J. Beith
Mr David Chidgey
Mr Brian Cotter
Mr Paul Tyler
Mr Colin Breed
NC6
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 any grounds specified in the regulations.
(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.
(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.'.
Strikes to achieve collective bargaining rights not protected from legal action
Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]
NC7
To move the following Clause:—
'After section 225 of the Trade Union and Labour Relations (Consolidation) Act 1992 insert—
"225A. An act is not protected if the reason, or one of the main reasons, for which it is done is that an employer has refused to recognise to any extent a trade union for the purposes of collective bargaining.".'.
