S.C.F.
Amendment Paper as at
Tuesday 18th December 2001
STANDING COMMITTEE F
EMPLOYMENT BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee (6th December).
Mr Philip Hammond
Mr Charles Hendry
53
Clause 30, page 35, line 27, at end insert—
'(2A) The Secretary of State shall by regulations prescribe a procedure for certification by the Advisory, Conciliation and Arbitration Service, or by a Tribunal or by the Secretary of State of model agreements to follow procedures other than the statutory procedure as being not inconsistent with the requirements of the statutory procedure'.
Mr Philip Hammond
Mr Charles Hendry
54
Clause 31, page 36, line 34, leave out paragraph (d).
Mr Philip Hammond
Mr Charles Hendry
55
Clause 31, page 36, line 36, leave out paragraph (e).
Mr Philip Hammond
Mr Charles Hendry
56
Clause 31, page 36, line 45, leave out paragraph (b).
Mr Philip Hammond
Mr Charles Hendry
57
Clause 31, page 36, line 48, leave out paragraph (c).
Mr Philip Hammond
Mr Charles Hendry
58
Clause 32, page 37, line 16, leave out paragraph (c).
Mr Philip Hammond
Mr Charles Hendry
63
Clause 33, page 37, line 19, leave out 'may' and insert 'shall'.
Mr Philip Hammond
Mr Charles Hendry
59
Clause 33, page 37, line 19, leave out 'any of'.
Mr Philip Hammond
Mr Charles Hendry
60
Clause 33, page 37, line 25, leave out 'unless', to end of line 26 and insert 'the relevant statutory procedure has been complied with by the court.'.
Mr Philip Hammond
Mr Charles Hendry
61
Clause 33, page 37, line 27, leave out subsection (2).
Mr Philip Hammond
Mr Charles Hendry
62
Clause 33, page 37, line 30, after 'Service', insert 'and any other organisation representing persons appearing to the Secretary of State to be likely to be affected by the regulations'.
Brian Cotter
Norman Lamb
46
Clause 33, page 37, line 30, at end add—
'(4) Nothing in the regulations shall prevent a claim if there are exceptional circumstances which would make preventing a claim to an employmenttribunal or preventing a employment tribunal from hearing a claim unjust or inequitable.'.
Mr Rob Marris
78
Clause 34, page 38, line 1, leave out from '(1),' to 'shows' in line 4 and insert 'failure by an employer to follow a procedure in relation to the dismissal of an employee shall not be regarded for the purposes of section 98(4)(a) as by itself making the employer's action unreasonable if he'.
Brian Cotter
Norman Lamb
27
Clause 34, page 38, line 5, after 'procedure', insert 'and the dismissal would have been fair apart from this section.'.
Brian Cotter
Norman Lamb
49
Clause 34, page 38, line 12, leave out 'Chapter 1 of'.
Brian Cotter
Norman Lamb
28
Clause 34, page 38, line 16, at end insert—
| '(c) | references to 'a procedure' or to 'the procedure' in subsection (2) refer to non-statutory procedures that the employer is obliged to follow.'. |
Mr Philip Hammond
Mr Charles Hendry
64
Clause 34, page 38, line 26, leave out 'be required to'.
Mr Philip Hammond
Mr Charles Hendry
66
Clause 34, page 38, line 28, at end insert 'and in determining whether such an award would result in injustice the tribunal shall have regard to the resources available to the employer to enable him to ensure compliance with statutory procedures'.
Mr Philip Hammond
Mr Charles Hendry
65
Clause 34, page 39, line 8, leave out 'be required'.
Mr Philip Hammond
Mr Charles Hendry
67
Clause 34, page 39, line 10, at end add 'and in determining whether such an award would result in injustice the tribunal shall have regard to the resources available to the employer to enable him to ensure compliance with statutory procedures'.
Mr Philip Hammond
Mr Charles Hendry
68
Clause 36, page 39, line 31, leave out from 'procedures,' to end of line 32 and insert 'subsection (3) shall have effect so that the note need not comply with the specified provisions where the relevant number of employees was less than six'.
Mr Philip Hammond
Mr Charles Hendry
87
Clause 37, page 39, line 41, leave out 'meet' and insert 'discharge'.
Mr Philip Hammond
Mr Charles Hendry
85
Clause 37, page 40, line 8, leave out 'met' and insert 'discharged'.
Mr Philip Hammond
Mr Charles Hendry
86
Clause 37, page 40, line 12, leave out 'met' and insert 'discharged'.
Mr Philip Hammond
Mr Charles Hendry
88
Clause 37, page 40, line 31, leave out 'met' and insert 'discharged'.
Mr Philip Hammond
Mr Charles Hendry
80
Clause 38, page 41, line 21, after 'document', insert 'purporting to be a document'.
Mr Philip Hammond
Mr Charles Hendry
81
Clause 38, page 41, line 28, after 'document', insert 'purporting to be a document'.
Mr Philip Hammond
Mr Charles Hendry
82
Clause 38, page 41, line 33, at end add 'and,
(d) the breach is material to the proceedings in question before the tribunal'.
Mr Philip Hammond
Mr Charles Hendry
83
Clause 38, page 42, line 15, leave out paragraph (b).
Mr Philip Hammond
Mr Charles Hendry
84
Clause 38, page 42, line 18, leave out paragraph (c).
Brian Cotter
Norman Lamb
48
Page 42, line 27, leave out Clause 39.
Mr Philip Hammond
Mr Charles Hendry
52
Clause 49, page 52, line 12, after 'section', insert '29(2),'.
REMAINING NEW CLAUSES
Repeal of section 109 of Employment Rights Act 1996
Hywel Williams
NC1
To move the following Clause:—
'.—Section 109 of the Employment Rights Act 1996 (c. 18) (Upper age limit) is hereby repealed.'.
ORDER OF THE COMMITTEE (6TH DECEMBER 2001)
That—
(1) during proceedings on the Employment Bill the Standing Committee do meet on Tuesdays at half-past Ten o'clock and at half-past Four o'clock and on Thursdays at half-past Nine o'clock and at half-past Two o'clock, except that on Thursday 6th December 2001 the Committee shall not meet at half-past Two o'clock and on Tuesday 8th January 2002 the Committee shall not meet at half-past Ten o'clock;
(2) the proceedings shall be taken in the following order, namely Clauses 22 to 29, Schedule 2, Clauses 30 and 31, Schedule 3, Clauses 32 to 38, Schedule 4, Clauses 39 to 41, Clauses 1 to 12, Schedule 1, Clauses 13 to 21, Clauses 42 to 48, Schedule 5, Clauses 49 to 51, Schedule 6, Clause 52, Schedule 7, Clause 53, new Clauses and new Schedules relating to requests for flexible working, remaining new Clauses, remaining new Schedules;
(3) the proceedings on Clauses 22 to 29, Schedule 2, Clauses 30 and 31, Schedule 3, Clauses 32 to 38, Schedule 4, Clauses 39 to 41 (so far as not previously concluded) shall be brought to a conclusion at 7 p.m. on Tuesday 18th December 2001;
(4) the proceedings on Clauses 1 to 12, Schedule 1, Clauses 13 to 21 (so far as not previously concluded) shall be brought to a conclusion at 7 p.m. on Tuesday 15th January 2002;
(5) the remaining proceedings on the Bill (so far as not previously concluded) shall be brought to a conclusion at 7 p.m. on Tuesday 22nd January 2002.
EXCERPT FROM ORDER OF THE HOUSE (27TH NOVEMBER 2001)
Proceedings in Standing Committee
3. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 22nd January 2002.
4. The Standing Committee shall have leave to sit twice on the first day on which it meets.
