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Paternity leave


Amendments made: No. 37, in page 2, line 17, leave out—

'a single period of leave of'.
No. 38, in page 2, line 17, leave out "weeks" and insert "weeks" leave".
No. 39, in page 2, line 27, leave out paragraph (c) and insert—

'(c) make provision about how leave under this section may be taken.'.
No. 40, in page 3, line 12, leave out—

'a single period of leave of'.
No. 41, in page 3, line 12, leave out "weeks" and insert "weeks" leave".
No. 42, in page 3, line 26, leave out paragraph (d) and insert—

'(d) make provision about how leave under this section may be taken.'.—[Mr. Sutcliffe.]

Clause 2

Statutory paternity pay


Amendments made: No. 43, in page 7, line 5, after "pay" insert—

'in respect of any period'.
No. 44, in page 8, line 20, leave out from "choose" to "as" in line 22 and insert—

'to receive statutory paternity pay in respect of—

(i) a period of a week, or

(ii) two non-consecutive periods of a week,

such week or weeks within the qualifying period'.
No. 45, in page 8, line 24, leave out "is the" and insert—

'shall be determined in accordance with regulations, which shall secure that it is a'.
No. 46, in page 8, line 25, after "of" insert "at least".—[Mr. Sutcliffe.]

Clause 24

Conciliation


Amendments made: No. 16, in page 33, line 38, at end insert "and".
No. 17, in page 33, leave out lines 39 to 43.
No. 18, in page 33, line 46, at end insert—

'(4) In that section, the existing provision (as amended by subsection (3)) becomes subsection (1) and at the end there is inserted—

"(2) If employment tribunal procedure regulations include provision postponing the fixing of a time and place for a hearing for the purpose of giving an opportunity for the proceedings to be settled by way of conciliation and withdrawn, they shall also include provision for the parties to proceedings to which the provision for

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postponement applies to be notified that the services of a conciliation officer may no longer be available to them after the end of the postponement."'.—[Mr. Sutcliffe.]

Clause 32

Consequential adjustment of time limits


Amendment made: No. 47, in page 37, line 10, after "3" insert—

'or [Tribunal jurisdictions to which section [Complaints about grievances] applies]'.—[Mr. Sutcliffe.]

Clause 33

Non-completion of statutory procedure: exclusion of claims


Amendment made: No. 48, in page 37, line 20, leave out Clause 33.—[Mr. Sutcliffe.]

Clause 34

Procedural fairness in unfair dismissal


Amendments made: No. 19, in page 37, line 39, at end insert—

'( ) one of the procedures set out in Part 1 of Schedule 2 to the Employment Act 2002 (dismissal and disciplinary procedures) applies in relation to the dismissal,'.
No. 20, in page 37, line 40, leave out "relevant statutory".
No. 21, in page 38, line 1, leave out "that" and insert "the".
No. 22, in page 38, line 9, after "to" insert—

'the application of a procedure set out in Part 1 of Schedule 2 to the Employment Act 2002,'.
No. 23, in page 38, line 9, leave out "the relevant statutory" and insert "such a".
No. 24, in page 38, line 10, leave out "its" and insert "the".
No. 25, in page 38, line 10, at end insert "of such a procedure".
No. 26, in page 38, line 11, leave out "the Employment" and insert "that".
No. 27, in page 38, line 12, leave out "2002".
No. 28, in page 38,, leave out lines 13 to 19.—[Mr. Sutcliffe.]

Clause 51

Orders and regulations


Amendment made: No. 52, in page 58, line 5, leave out "33" and insert—

'[Complaints about grievances]'.—[Mr. Sutcliffe.]

New Schedule 1

Tribunal jurisdictions to which section [Complaints about grievances] applies—


Section 2 of the Equal Pay Act 1970 (c. 41) (equality clauses)

Section 63 of the Sex Discrimination Act 1975 (c. 65) (discrimination in the employment field)

Section 54 of the Race Relations Act 1976 (c. 74) (discrimination in the employment field)

12 Feb 2002 : Column 165


Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (detriment in relation to trade union membership and activities)

Paragraph 156 of Schedule A1 to that Act (detriment in relation to union recognition rights)

Section 8 of the Disability Discrimination Act 1995 (c. 50) (discrimination in the employment field)

Section 23 of the Employment Rights Act 1996 (c. 18) (unauthorised deductions and payments)

Section 48 of that Act (detriment in employment)

Section 111 of that Act (unfair dismissal)

Section 163 of that Act (redundancy payments)

Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to national minimum wage)

Schedule 3 to the Tax Credits Act 1999 (c. 10) (detriment in relation to tax credits)

The Employment Tribunal Extension of Jurisdiction (England and Wales) Order 1994 (S.I. 1994/1623) (breach of employment contract and termination)

The Employment Tribunal Extension of Jurisdiction (Scotland) Order 1994 (S.I. 1994/1624) (corresponding provision for Scotland)

Regulation 30 of the Working Time Regulations 1998 (S.I. 1998/1833) (breach of regulations)

Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323) (detriment relating to European Works Councils)'.—[Mr. Sutcliffe.]
Brought up, read the First and Second time, and added to the Bill.

Schedule 3

Tribunal jurisdictions to which section 31 applies


Amendment made: No. 49, in page 65, line 29, leave out "Part 8" and insert "Paragraph 156".—[Mr. Sutcliffe.]

Schedule 4

Tribunal jurisdictions to which section 38 applies


Amendment made: No. 50, in page 66, line 22, leave out "Part 8" and insert "Paragraph 156".—[Mr. Sutcliffe.]

Schedule 6

Minor and consequential amendments


Amendment made: No. 29, in page 76, line 2, at end insert—

'29A In section 98 (fairness of dismissal: general), in subsection (6)—

(a) for "are" there is substituted "is", and

(b) in paragraph (a), for "99" there is substituted "98A".'.—[Mr. Sutcliffe.]
Order for Third Reading read.—[Queen's Consent, on behalf of the Crown, signified.]

9.16 pm

Alan Johnson: I beg to move, That the Bill be now read the Third time.

I thank hon. Members for their important contributions to debate on the Bill, not only on Report, but on Second Reading and in Committee. Those who have participated have done so constructively and with great good humour, and they have provided thorough and helpful scrutiny of the Bill's provisions.

12 Feb 2002 : Column 166

The Bill is an important one, touching on many aspects of people's work and family lives. It represents a balanced package, providing new rights and responsibilities for employers and employees alike. The Bill introduces new rights that will ensure that parents are able to spend time with their children when it is most valuable, while they are young—the children, that is, not the parents. We are for the first time introducing statutory paternity and adoption leave, and a requirement that businesses seriously consider requests for flexible working.


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