S.C.F.
Amendment Paper as at
Tuesday 11th December 2001
STANDING COMMITTEE F
EMPLOYMENT BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee (6th December).
Clause No. 22 (Employment Tribunals).Another Amendment (No. 12) proposed, in page 32, line 16, at the end to insert the words—
| '(dd) | to make an order prohibiting a representative of a party to proceedings before it from representing parties before Employment Tribunals or Employment Appeals Tribunals for a specified period of time by reason of the representative's conduct of the proceedings.'—(Mr Phillip Hammond.) |
Question proposed, That the Amendment be made.
Mr Philip Hammond
Mr Charles Hendry
13
Clause 22, page 32, line 16, at end insert—
| '(de) | to ensure that the cost of any disallowance ordered under paragraph (a) above is met by the representative and not the person represented.'. |
Mr Philip Hammond
Mr Charles Hendry
14
Clause 22, page 32, line 16, at end insert—
'(1AA) Regulations made under subsection (1A) above may not discriminate between different classes or types of representatives or between representatives on the basis of whether they represent applicants or respondents.'.
Mr Philip Hammond
Mr Charles Hendry
10
Clause 22, page 32, line 17, leave out 'may' and insert 'shall'.
Brian Cotter
Norman Lamb
2
Clause 22, page 32, line 22, leave out subsection (2).
Mr Philip Hammond
Mr Charles Hendry
8
Clause 22, page 32, line 24, leave out 'may' and insert 'shall'.
Mr Philip Hammond
Mr Charles Hendry
17
Clause 22, page 32, line 25, after 'tribunal', insert 'in specified circumstances'.
Mr Philip Hammond
Mr Charles Hendry
15
Clause 22, page 32, line 27, at end add—
'and such regulations shall make provision for taxing or otherwise settling the amount of payment to be made or for fixed sums to be payable by reference to criteria set out in the regulations.'.
Mr Philip Hammond
Mr Charles Hendry
16
Clause 22, page 32, line 27, at end add—
'(3) After that section there is inserted—
"13B Charges for Applications to Employment Tribunals
Employment Tribunal procedure regulations may include provision for authorising an employment tribunal to charge a fee payable by an applicant upon lodging an application with the tribunal, in such amount as the regulations shall provide.'".
Mr Philip Hammond
Mr Charles Hendry
18
Clause 23, page 32, line 32, leave out 'may' and insert 'shall'.
Mr Philip Hammond
Mr Charles Hendry
20
Clause 23, page 32, line 34, leave out 'may' and insert 'shall'.
Mr Philip Hammond
Mr Charles Hendry
21
Clause 23, page 32, line 41, at end insert—
| '(dd) | to make an order prohibiting a representative of a party to proceedings before it from representing parties before Employment Tribunals or Employment Appeals Tribunals for a specified period of time by reason of the representative's conduct of the proceedings.'. |
Mr Philip Hammond
Mr Charles Hendry
22
Clause 23, page 32, line 41, at end insert—
| '(de) | to ensure that the cost of any disallowance ordered under paragraph (a) above is met by the representative and not the person represented.'. |
Mr Philip Hammond
Mr Charles Hendry
23
Clause 23, page 32, line 41, at end insert—
| '(c) | to prevent a representative of a party to proceedings before it who is subject to an order under paragraph (b) above from recovering such costs or expenses from the person represented.'. |
Mr Philip Hammond
Mr Charles Hendry
24
Clause 23, page 32, line 41, at end insert—
'(2A) Regulations made under subsection (2) above may not discriminate between different classes or types of representatives or between representatives on the basis of whether they represent applicants or respondents.'.
Mr Philip Hammond
Mr Charles Hendry
19
Clause 23, page 32, line 42, leave out 'may' and insert 'shall'.
Mr Philip Hammond
Mr Charles Hendry
25
Clause 23, page 33, line 2, at end add—
'( ) After that section there is inserted—
"34A Compensation for preparation time
Appeal Tribunal procedure rules shall include provision for authorising an Appeal Tribunal to order a party to proceedings before it to make a payment to any other party in respect of the time spent by that other party in preparing his case and shall make provision for taxing or otherwise settling the amount of payment to be made or for fixed sums to be payable by reference to criteria set out in the rules".'.
Brian Cotter
Norman Lamb
3
Clause 24, page 33, line 5, leave out subsection (1).
Mr Philip Hammond
Mr Charles Hendry
34
Clause 24, page 33, line 10, after 'such', insert 'fixed'.
Mr Philip Hammond
Mr Charles Hendry
26
Clause 24, page 33, line 10, after 'period', insert 'not exceeding three months'.
Mr Philip Hammond
Mr Charles Hendry
35
Clause 24, page 33, line 11, at end insert 'or for such extension of such fixed period as the Tribunal may order'.
Mr Philip Hammond
Mr Charles Hendry
38
Clause 24, page 33, line 21, at end insert—
'(2A) In section 18 of the Act (conciliation) after subsection (7) there is inserted
| "(7A) | Notwithstanding the provisions of subsection (7) above, where the conciliation officer believes that any party to a conciliation procedure has behaved in a manner which ought to be conveyed to the Tribunal, he may make a report in writing of such matter to the Tribunal and the Tribunal shall take account of any such reported behaviour in making any order under section 13 above.".'. |
Mr Philip Hammond
Mr Charles Hendry
32
Clause 24, page 33, line 23, leave out paragraph (a).
Mr Philip Hammond
Mr Charles Hendry
33
Clause 24, page 33, line 28, leave out paragraph (b).
Mr Philip Hammond
Mr Charles Hendry
36
Clause 24, page 33, line 35, at end add ', and
(d) after paragraph (c) add—
| "(d) | provisions securing that the parties to proceedings have timely access to all documents necessary to facilitate concilliation".'. |
Mr Philip Hammond
Mr Charles Hendry
37
Clause 24, page 33, line 35, at end add—
'(4) The Secretary of State shall within 90 days of this section coming into force, prepare and publish an assessment of the additional resources required by the Advisory, Conciliation and Arbitration Service to facilitate the conciliation process as provided for in this section'.
Mr Philip Hammond
Mr Charles Hendry
39
Clause 25, page 33, line 43, at end insert—
'(aa) authorise the Secretary of State to prescribe forms in electronic format for the purposes stated in paragraph (a) above.'.
Brian Cotter
Norman Lamb
4
Page 33, line 36, leave out Clause 25.
Mr Philip Hammond
Mr Charles Hendry
40
Clause 26, page 34, line 7, after 'hearing', insert 'where both parties agree to such a determination'.
Mr Philip Hammond
Mr Charles Hendry
41
Clause 27, page 34, line 20, at end insert—
'(2A) Where employment tribunal procedure regulations include provisions enabling the President to make directions about the procedure of employment tribunals they shall also include provision requiring the President to consult with such users and representatives of users of the employment tribunals as appear to him to be appropriate before making such directions'.
Mr Philip Hammond
Mr Charles Hendry
42
Clause 28, page 34, line 31, at end add—
'(2) In section 9(1) of the Employment Tribunals Act 1996, after paragraph (a) there is inserted—
| "(aa) | for enabling the Tribunal to strike out any case which is found by a review conducted under paragraph (a) above to be without merit and where in the opinion of the Tribunal, no purpose would be served in allowing the case to be determined at a hearing, and".'. |
