S.C.F.
Amendment Paper as at
Thursday 17th January 2002
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
217
Clause 42, page 44, line 8, at end insert—
'(3A) Information received by a complainant in response to a form served on a respondent as prescribed in subsection (2) above shall be treated as confidential by the complainant and shall be used by the complainant only in relation to proceedings before an employment tribunal or an employment appeals tribunal.'.
Mr Philip Hammond
Mr Charles Hendry
216
Clause 43, page 45, line 8, leave out 'permit an employee of his' and insert ', in respect of each establishment or bargaining unit (whichever is the smaller) in which he has employees, permit one employee'.
Mr Brian Cotter
Norman Lamb
198
Clause 43, page 45, line 8, leave out 'an employee of his' and insert 'one employee of his per bargaining unit or establishment whichever is the smaller.'.
Mr Philip Hammond
Mr Charles Hendry
224
Clause 43, page 45, line 12, after 'take', insert 'reasonable'.
Mr Philip Hammond
Mr Charles Hendry
218
Clause 43, page 45, line 22, leave out paragraph (b).
Mr Philip Hammond
Mr Charles Hendry
219
Clause 43, page 45, line 29, at end insert—
| '(aa) | the employer has given his approval in writing to the appointment (such approval not to be unreasonably withheld or delayed)'. |
Mr Philip Hammond
Mr Charles Hendry
221
Clause 43, page 45, line 33, after '(2)' insert 'and has obtained a nationally recognised qualification relevant to those activities'.
Mr Philip Hammond
Mr Charles Hendry
220
Clause 43, page 45, leave out lines 35 to 41.
Mr Philip Hammond
Mr Charles Hendry
228
Clause 43, page 45, line 43, at end add—
'(5A) This section shall not apply to an employer who has obtained and who maintains "Investors in People" status'.
Mr Philip Hammond
Mr Charles Hendry
222
Clause 43, page 46, line 1, leave out subsection (6).
Mr Philip Hammond
Mr Charles Hendry
223
Clause 43, page 46, line 19, at end insert 'and shall not exceed fourteen working days per annum without the agreement in writing of the employer'.
Mr Philip Hammond
Mr Charles Hendry
225
Clause 43, page 46, line 41, after 'take', insert 'reasonable'.
Mr Philip Hammond
Mr Charles Hendry
226
Clause 43, page 47, line 4, at end insert—
| '(aa) | the training condition referred to in section 168A(4) of this Act is met in relation to him.'. |
Mr Philip Hammond
Mr Charles Hendry
227
Clause 43, page 47, line 8, leave out subsection (6).
Mr Brian Cotter
Mr Norman Lamb
213
Clause 45, page 47, line 28, leave out 'employees' and insert 'workers'.
Mr Philip Hammond
Mr Charles Hendry
230
Clause 45, page 47, line 33, at end insert 'of an employee by an employer where the employment has the nature and characteristics of permanent employment and where the successive periods have, in aggregate, exceeded two years'.
Mr Brian Cotter
Mr Norman Lamb
215
Clause 45, page 47, line 33, at end insert—
'(1A) For the first two years of an employee's fixed term employment the regulations will not apply to occupational pension schemes.'.
Mr Philip Hammond
Mr Charles Hendry
231
Clause 45, page 47, line 41, at end insert 'and any regulations made under this paragraph shall take into account all benefits and remuneration received by the relevant employees in fixed-term employment and by comparable employees in permanent employment with the employer in determining whether any such employees are treated less favourably than employees in permanent employment.'.
Mr Brian Cotter
Mr Norman Lamb
214
Clause 45, page 48, leave out lines 37 to 39 and insert—
'"worker" means an individual who has entered into or works under (or where employment has ceased, worked under)—
| (i) | a contract of employment, or |
| (ii) | any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual; |
and any reference to a worker's contract shall be construed accordingly.'.
Mr Philip Hammond
Mr Charles Hendry
232
Clause 46, page 49, line 5, leave out 'average' and insert 'normal'.
Brian Cotter
Norman Lamb
197
Page 49, line 24, leave out Clause 47.
Mr Philip Hammond
Mr Charles Hendry
52
Clause 49, page 52, line 12, after 'section', insert '29(2),'.
Mr Philip Hammond
Mr Charles Hendry
229
Clause 49, page 52, line 12, leave out 'or 33' and insert ', 33 or 45'.
Mr Alan Johnson
211
Schedule 6, page 67, line 9, leave out '171ZL(1)' and insert '171ZN(1)'
Mr Alan Johnson
212
Schedule 6, page 68, line 9, leave out '171ZM(1)' and insert '171ZN(1)'
Mr Alan Johnson
200
Schedule 6, page 69, line 14, at end insert—
| | | 'In section 48 (right to present complaint of detriment to employment tribunal), for "or 47C" there is substituted ", 47C or 47D".'. |
Mr Alan Johnson
201
Schedule 6, page 70, line 27, at end insert—
| | | 'In section 191(2) (provisions of the Act which have effect in relation to Crown employment), for paragraph (c) there is substituted— |
Mr Alan Johnson
202
Schedule 6, page 70, line 27, at end insert—
| | | 'In section 192(2) (provisions of the Act which have effect in relation to service as a member of the armed forces)— |
(a) in paragraph (aa), for "section 45A" there is substituted "sections 45A and 47D", and
(b) for paragraph (c) there is substituted—
| "(c) | Parts 7, 8 and 8A,".'. |
Mr Alan Johnson
203
Schedule 6, page 70, line 27, at end insert—
| | | 'In sections 194(2) and 195(2) (provisions of the Act which have effect in relation to employment as a member of the House of Lords or House of Commons staff)— |
(a) in paragraph (c), for "and 47C" there is substituted ", 47C and 47D", and
(b) for paragraph (e) there is substituted—
| "(e) | Parts 7, 8 and 8A,".'. |
Mr Alan Johnson
204
Schedule 6, page 70, line 27, at end insert—
| '(1) | Section 199 (application of the Act to mariners) is amended as follows. |
| (2) | In subsection (2) (provisions not applying to share fishermen)— |
(a) after "47C," there is inserted "47D,", and
(b) for "Parts VII and VIII" there is substituted "Parts 7, 8 and 8A".
| (3) | In subsection (8) (provisions whose application is subject to the limitation in subsection (7)), for paragraph (d) there is substituted— |
| "(d) | Parts 7, 8 and 8A,".'. |
Mr Alan Johnson
205
Schedule 6, page 70, line 27, at end insert—
| ' | | In section 225 (definition of calculation date for the purposes of the calculation of a week's pay in relation to cases connected with rights during employment), at the end there is inserted— |
"(6) Where the calculation is for the purposes of section 80I, the calculation date is the day on which the application under section 80F was made.".'.
Mr Alan Johnson
206
Schedule 6, page 70, line 31, leave out paragraph 38 and insert—
| '(1) | Section 227(1) (maximum amount of week's pay) is amended as follows. |
| (2) | Before paragraph (a) there is inserted— |
| "(za) | an award of compensation under section 80I(1)(b),". |
| (3) | For "or" at the end of paragraph (b) there is substituted— |
| "(ba) | an award under section 112(5), or".'. |
