Employment Relations Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Employment Relations Bill

Employment Relations Bill
Part 3 — Rights of trade union members, workers and employees
25

Other rights of workers and employees
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Role of companion at disciplinary or grievance hearing
(1)
For subsection (2) of section 10 of the Employment Relations Act 1999 (c. 26)
(duty of employers to permit workers to be accompanied at disciplinary and
grievance hearings) substitute—
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“(2A)
Where this section applies, the employer must permit the worker to be
accompanied at the hearing by one companion who—
(a)
is chosen by the worker; and
(b)
is within subsection (3).
(2B)
The employer must permit the worker’s companion to—
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(a)
address the hearing in order to do any or all of the following—
(i)
put the worker’s case;
(ii)
sum up that case;
(iii)
respond on the worker’s behalf to any view expressed at
the hearing;
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(b)
confer with the worker during the hearing.
(2C)
Subsection (2B) does not require the employer to permit the worker’s
companion to—
(a)
answer questions on behalf of the worker;
(b)
address the hearing if the worker indicates at it that he does not
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wish his companion to do so; or
(c)
use the powers conferred by that subsection in a way that
prevents the employer from explaining his case or prevents any
other person at the hearing from making his contribution to it.”
(2)
In section 11(1) of that Act (complaint to employment tribunal), for “10(2)”
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insert “10(2A), (2B)”.
(3)
In section 12 of that Act (right not to be subjected to a detriment or dismissal)—
(a)
in subsections (1)(a) and (3)(a) for “10(2)” substitute “10(2A), (2B)”; and
(b)
after subsection (6) add—
“(7)
References in this section to a worker having accompanied or
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sought to accompany another worker include references to his
having exercised or sought to exercise any of the powers
conferred by section 10(2A) or (2B).”
28
Extension of jurisdiction of Employment Appeal Tribunal
In section 21(1) of the Employment Tribunals Act 1996 (c. 17) (proceedings
35
from which appeal lies to Employment Appeal Tribunal), for paragraphs (ff)
and (g) substitute—
“(g)
this Act,
(ga)
the National Minimum Wage Act 1998,
(gb)
the Employment Relations Act 1999,”.
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Employment Relations Bill
Part 3 — Rights of trade union members, workers and employees
26

29
Ways in which provision conferring rights on individuals may be made
(1)
Section 23 of the Employment Relations Act 1999 (c. 26) (power to confer on
individuals of a specified description rights conferred by certain enactments)
is amended as follows.
(2)
In subsection (5) (ways in which that power may be exercised) omit the words
5
from “, whether” to the end.
(3)
After that subsection insert—
“(5A)
The ways in which an order under this section may make provision
include, in particular—
(a)
amending any enactment;
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(b)
excluding or applying (whether with or without amendment)
any enactment.
(5B)
In subsection (5A) “enactment” includes an enactment comprised in
subordinate legislation made under an Act.”
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Flexible working
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(1)
In section 237(1A)(a) of the 1992 Act (cases where employee may complain of
unfair dismissal despite participation in unofficial industrial action)—
(a)
for “or 103A” substitute “, 103A or 104C”; and
(b)
for “and protected disclosure” substitute “, protected disclosure and
flexible working”.
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(2)
In subsection (2A)(a) of section 238 of that Act (cases where employment
tribunal to determine whether dismissal of an employee is unfair despite
limitation in subsection (2) of that section)—
(a)
for “or 103” substitute “, 103 or 104C”; and
(b)
for “and employee representative” substitute “, employee
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representative and flexible working”.
(3)
After subsection (7B) of section 105 of the Employment Rights Act 1996 (c. 18)
insert—
“(7BA)
This subsection applies if the reason (or, if more than one, the principal
reason) for which the employee was selected for dismissal was one of
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those specified in section 104C.”
(4)
In section 108(3) of that Act (exceptions to one year qualifying period of
continuous employment for claims for unfair dismissal), after paragraph (gh)
insert—
“(gi)
section 104C applies,”.
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(5)
In section 109(2) of that Act (exceptions to upper age limit for claims for unfair
dismissal), after paragraph (gh) insert—
“(gi)
section 104C applies,”.
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Information and consultation
(1)
The Secretary of State may make regulations for the purpose of conferring on
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employees of an employer to whom the regulations apply, or on
representatives of those employees, rights—
(a)
to be informed by the employer about prescribed matters;

Employment Relations Bill
Part 3 — Rights of trade union members, workers and employees
27

(b)
to be consulted by the employer about prescribed matters.
(2)
Regulations made under subsection (1) must make provision as to the
employers to whom the regulations apply which may include provision—
(a)
applying the regulations by reference to factors including the number
of employees in the United Kingdom in the employer’s undertaking;
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(b)
as to the method by which the number of employees in an employer’s
undertaking is to be calculated; and
(c)
applying the regulations to different descriptions of employer with
effect from different dates.
(3)
Regulations made under subsection (1) may make provision—
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(a)
as to the circumstances in which the rights mentioned in subsection (1)
arise and the extent of those rights;
(b)
for and about the initiation and conduct of negotiations between
employers to whom the regulations apply and their employees for the
purposes of reaching an agreement satisfying prescribed conditions
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about the provision of information to the employees, and consultation
of them (whether that provision or consultation is to be direct or
through representatives);
(c)
about the representatives the employees may have for the purposes of
the regulations and the method by which those representatives are to
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be selected;
(d)
as to the resolution of disputes and the enforcement of obligations
imposed by the regulations or by an agreement of the kind mentioned
in paragraph (b).
(4)
Regulations made under subsection (1) may—
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(a)
confer jurisdiction (including exclusive jurisdiction) on employment
tribunals and on the Employment Appeal Tribunal;
(b)
confer functions on the Central Arbitration Committee;
(c)
require or authorise the holding of ballots;
(d)
amend, apply with or without modifications, or make provision similar
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to any provision of the Employment Rights Act 1996 (c. 18) (including,
in particular, Parts 5, 10 and 13), the Employment Tribunals Act 1996
(c. 17) or the 1992 Act;
(e)
include supplemental, incidental, consequential and transitional
provision, including provision amending any enactment;
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(f)
make different provision for different cases or circumstances.
(5)
Regulations made under subsection (1) may make any provision which
appears to the Secretary of State to be necessary or expedient—
(a)
for the purpose of implementing Directive 2002/14/EC of the
European Parliament and of the Council of 11 March 2002 establishing
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a general framework for informing and consulting employees in the
European Community;
(b)
for the purpose of dealing with any matter arising out of or related to
the United Kingdom’s obligations under that Directive.
(6)
Nothing in subsections (2) to (5) prejudices the generality of this section.
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(7)
Regulations under this section shall be made by statutory instrument.

Employment Relations Bill
Part 4 — Enforcement of minimum wage legislation
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(8)
No such regulations may be made unless a draft of the regulations has been
laid before Parliament and approved by a resolution of each House of
Parliament.
(9)
In this section “prescribed” means prescribed by regulations under this section.
Part 4
5
Enforcement of minimum wage legislation
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Information supplied by worker and employer
After section 16 of the National Minimum Wage Act 1998 (c. 39) insert—
“16A
Disclosure of information by officers
(1)
Subsection (2) applies to information obtained for the purposes of the
10
relevant legislation by an enforcement officer so far as that information
relates to an identifiable worker or agency worker.
(2)
In order to enable or assist him to act for the purposes of the relevant
legislation, the enforcement officer may disclose all or any of the
information to the worker or, as the case may be, agency worker
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concerned.
(3)
Subsection (4) applies to information obtained for the purposes of the
relevant legislation by an enforcement officer so far as that information
relates to an identifiable employer or person who is the agent or the
principal for the purposes of section 34 below.
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(4)
In order to enable or assist him to act for the purposes of the relevant
legislation, the officer may disclose all or any of the information to the
employer, the agent or, as the case may be, the principal concerned.
(5)
In this section—
“agency worker” shall be construed in accordance with section 34
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below;
“enforcement officer” means—
(a)
an officer acting for the purposes of this Act, whether by
virtue of paragraph (a) or (b) of section 13(1) above;
(b)
an officer acting for the purposes of the Agricultural
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Wages Act 1948; or
(c)
an officer acting for the purposes of the Agricultural
Wages (Regulation)(Northern Ireland) Order 1977;
“the relevant legislation” means—
(a)
in relation to an enforcement officer acting for the
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purposes of this Act, this Act;
(b)
in relation to an enforcement officer acting for the
purposes of the Agricultural Wages Act 1948, that Act;
and
(c)
in relation to an enforcement officer acting for the
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purposes of the Agricultural Wages
(Regulation)(Northern Ireland) Order 1977, that Order.”