Employment Relations Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Employment Relations Bill

Employment Relations Bill
Part 7 — Supplementary provisions
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(b)
that, in relation to any ballot or election of that description held after the
order comes into force, the responsible person will not be permitted to
determine that that means must or may be used by any voters unless he
has taken specified factors into account or applied specified criteria.
(11)
In specifying in an order under this section factors to be taken into account or
5
criteria to be applied by the responsible person, the Secretary of State must
have regard to the need for ballots and elections to meet the required standard.
(12)
For the purposes of subsections (10) and (11) a ballot or election meets “the
required standard” if it is such that—
(a)
those entitled to vote have an opportunity to do so;
10
(b)
votes cast are secret;
(c)
the risk of any unfairness or malpractice is minimised.
(13)
In this section “specified” means specified in an order under this section.
Part 7
Supplementary provisions
15
42
Meaning of “the 1992 Act”
In this Act “the 1992 Act” means the Trade Union and Labour Relations
(Consolidation) Act 1992 (c. 52).
43
Minor and consequential amendments and repeals
(1)
Schedule 1 (which makes minor and consequential amendments) has effect.
20
(2)
The enactments specified in Schedule 2 are hereby repealed to the extent
specified there.
44
Corresponding provision for Northern Ireland
An Order in Council under paragraph 1(1) of the Schedule to the Northern
Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of
25
devolved government) which contains a statement that it is made only for
purposes corresponding to those of this Act (other than sections 32 and 33)—
(a)
shall not be subject to paragraph 2 of that Schedule (affirmative
resolution of both Houses of Parliament), but
(b)
shall be subject to annulment in pursuance of a resolution of either
30
House of Parliament.
45
Citation, commencement and extent
(1)
This Act may be cited as the Employment Relations Act 2004.
(2)
This section and sections 31, 42 and 44 shall come into force on the day on
which this Act is passed.
35
(3)
The other provisions of this Act shall not come into force until such day as the
Secretary of State may by order made by statutory instrument appoint, and
different days may be appointed for different purposes.

Employment Relations Bill
Part 7 — Supplementary provisions
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(4)
An order under subsection (3) may contain such transitional provisions and
savings as the Secretary of State considers necessary or expedient in connection
with the coming into force of any of the provisions of this Act.
(5)
Subject to subsections (6) and (7), this Act extends to England and Wales and
to Scotland.
5
(6)
Any amendment by this Act of an enactment (including an enactment
contained in Northern Ireland legislation) has the same extent as the enactment
amended.
(7)
Section 44 extends to Northern Ireland only.

Employment Relations Bill
Schedule 1 — Minor and consequential amendments
38

Schedules
Schedule 1
Section 43(1)

Minor and consequential amendments
Agricultural Wages Act 1948
1
In section 15A of the Agricultural Wages Act 1948 (c. 47) (disclosure of
5
information obtained by officers acting for the purposes of the 1998 Act),
after subsection (5) insert—
“(5A)
Nothing in this section prevents a disclosure in accordance with
section 16A of the National Minimum Wage Act 1998.”
Agricultural Wages (Regulation)(Northern Ireland) Order 1977
10
2
In Article 11A of the Agricultural Wages (Regulation)(Northern Ireland)
Order 1977 (S.I. 1977/2151, N.I. 22) (disclosure of information obtained by
officers acting for the purposes of the 1998 Act), after paragraph (5) add—
“(6)
Nothing in this Article prevents a disclosure in accordance with
section 16A of the National Minimum Wage Act 1998.”
15
The 1992 Act
3
In section 19 of the 1992 Act (application of certain provisions relating to
friendly societies to trade unions), omit subsection (4).
4
In section 41(3) of the 1992 Act (date of next re-examination of
superannuation scheme where exemption revoked by Certification Officer),
20
for “(1)(b)” substitute “(2)”.
5
In section 54(3) of the 1992 Act (time limit for applications under section 55
or 56 of that Act), for “No such application” substitute “Where an election
has been held, no application under those sections with respect to that
election”.
25
6
In section 146 of the 1992 Act (action short of dismissal on grounds related
to union membership or activities), in each of subsections (1), (3) and (4), for
“the purpose” substitute “the sole or main purpose”.
7
In section 148 of the 1992 Act (consideration of complaint), in subsection (1),
for “the purpose” substitute “what was the sole or main purpose”.
30
8
In section 150 of the 1992 Act (awards against third parties), in subsection
(1)(a), for “the purpose” substitute “the sole or main purpose”.
9     (1)
Section 155 of the 1992 Act (matters to be disregarded in assessing
contributory fault) is amended as follows.

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Schedule 1 — Minor and consequential amendments
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      (2)
In subsection (2), omit the word “or” at the end of paragraph (b) and at the
end of paragraph (c) insert “, or
(d)
not to make use of services made available by any trade
union or by a particular trade union or by one of a number of
particular trade unions.”
5
      (3)
After that subsection insert—
“(2A)
Conduct or action of the complainant shall be disregarded in so far
as it constitutes acceptance of or failure to accept an offer made in
contravention of section 145A or 145B.”
10
In section 161(3) of the 1992 Act (application for interim relief), for “section
10
152(1)(a) or (b)” substitute “section 152(1)(a), (b) or (ba), or on section
152(1)(bb) otherwise than in relation to an offer made in contravention of
section 145A(1)(d),”.
11
In section 233 of the 1992 Act (calling of industrial action with the support of
a ballot), in subsection (3)(b), for “take place” substitute “begin”.
15
12
In section 263A of the 1992 Act (proceedings of the Central Arbitration
Committee under Schedule A1), after subsection (7) add—
“(8)
The reference in subsection (1) to the Committee’s functions under
Schedule A1 does not include a reference to its functions under
paragraph 166 of that Schedule.”
20
13    (1)
Section 284 of the 1992 Act (share fishermen) is amended as follows.
      (2)
After “the employee” insert “(or, in the case of sections 145A to 151, the
worker)”.
      (3)
For “sections 146 to 151 (action short of dismissal)” substitute “sections 145A
to 151 (inducements and detriment)”.
25
14    (1)
Section 285 of the 1992 Act (employment outside Great Britain) is amended
as follows.
      (2)
In subsection (1), for “sections 146 to 151 (action short of dismissal)”
substitute “sections 145A to 151 (inducements and detriment)”.
      (3)
After that subsection insert—
30
“(1A)
Sections 145A to 151 do not apply to employment where under his
contract personally to do work or perform services a worker who is
not an employee works outside Great Britain.”
      (4)
In subsection (2)—
(a)
for “subsection (1)” substitute “subsections (1) and (1A)”; and
35
(b)
in paragraph (c), after “as the case may be,” insert “the worker or”.
15
In section 286(1) of the 1992 Act (provisions that may be disapplied in
relation to prescribed descriptions of employment), for “sections 146 to 151
(action short of dismissal)” substitute “sections 145A to 151 (inducements
and detriment)”.
40
16    (1)
Section 292 of the 1992 Act (death of employee or employer) is amended as
follows.
      (2)
Omit subsection (1)(a).

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Schedule 1 — Minor and consequential amendments
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      (3)
After subsection (1) insert—
“(1A)
This section also has effect in relation to sections 145A to 151 so far as
those sections confer rights on workers or make provision in
connection therewith.”
      (4)
In subsections (2) to (4), after “employee”, wherever occurring, insert “or
5
worker”.
      (5)
In subsection (4), after “subsection (1)” insert “or (1A)”.
17
In section 296 of the 1992 Act (meaning of “worker” and related expressions),
in subsection (3), for “68(11)” substitute “68(4)”.
18
In section 299 of the 1992 Act (index of defined expressions), omit the entry
10
relating to “place of work (in Part V)”.
19    (1)
Schedule A1 to the 1992 Act (union recognition) is amended as follows.
      (2)
In paragraph 2 (interpretation of Part 1), after sub-paragraph (3) insert—
“(3A)
References to an appropriate bargaining unit’s being decided by
the CAC are to a bargaining unit’s being decided by the CAC to be
15
appropriate under paragraph 19(2) or (3) or 19A(2) or (3).”
      (3)
In paragraph 16(1) (point after which application may not be withdrawn), in
paragraph (a), after “paragraph” insert “19F(5) or”.
      (4)
In paragraph 17(3) (final event before which notice to cease consideration of
application may be given)—
20
(a)
in paragraph (a), after “paragraph” insert “19F(5) or”; and
(b)
in the words after paragraph (b), for “24(5)” substitute “24(6)”.
      (5)
In each of paragraphs 20(1)(b) and 21(1)(b) (application of paragraphs 20
and 21), after “appropriate period” insert “(defined by paragraph 18)”.
      (6)
In paragraph 28 of Schedule A1 to the 1992 Act (costs of a recognition ballot),
25
after sub-paragraph (6) insert—
“(6A)
Where an amount is recoverable from a union under sub-
paragraph (6) execution may be carried out, to the same extent and
in the same manner as if the union were a body corporate, against
any property held in trust for the union other than protected
30
property as defined in section 23(2).”
      (7)
In paragraph 32 (procedure where method of collective bargaining not
carried out), in sub-paragraph (2), for “parties” substitute “employer or the
union (or unions)”.
      (8)
In paragraph 37 (applications by more than one union under paragraph 11
35
or 12), in sub-paragraph (3)(b), for “11(4)” substitute “12(4)”.
      (9)
In paragraph 38 (admissibility of other relevant applications), in sub-
paragraph (1)(d), after “paragraph” insert “19F(5),”.
     (10)
In paragraph 46 (invalidity of application where worker falls within another
relevant bargaining unit), in sub-paragraph (1)(d), after “paragraph” insert
40
“19F(5),”.
     (11)
In paragraph 51 (competing applications), in sub-paragraph (2)(b), after “19”
insert “or 19A”.
     (12)
In paragraph 52 (agreements for recognition), in sub-paragraph (3)—

Employment Relations Bill
Schedule 1 — Minor and consequential amendments
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(a)
in paragraph (f), after “paragraph”, where it first occurs, insert
“19F(5) or”; and
(b)
in paragraph (h), for “24(5)” substitute “24(6)”.
     (13)
In paragraph 83 (duties of the CAC where it decides new unit contains at
least one worker falling within a statutory outside bargaining unit), in sub-
5
paragraph (8), for “(1)(a)” substitute “(2)(a)”.
     (14)
In paragraph 89(5) of that Schedule (application of paragraphs 26 to 29), for
the words from “but as if” onwards substitute “but as if—
(a)
references to the bargaining unit were
references to the new unit, and
10
(b)
paragraph 26(4A) to (4C), and the references
in paragraph 26(4) and (6) to paragraph 19D,
were omitted.”
     (15)
In paragraph 93 (withdrawal of applications), in sub-paragraph (1)(c), for
“83(1)” substitute “83(2)”.
15
     (16)
In paragraph 120 of that Schedule (costs of a derecognition ballot), after sub-
paragraph (6) insert—
“(6A)
Where an amount is recoverable from a union under sub-
paragraph (6) execution may be carried out, to the same extent and
in the same manner as if the union were a body corporate, against
20
any property held in trust for the union other than protected
property as defined in section 23(2).”
     (17)
In paragraph 122(1) (first case in which Part 5 applies), in paragraph (a), after
“paragraph” insert “19F(5) or”.
     (18)
In paragraph 123(1) (second case in which Part 5 applies), in paragraph (a),
25
after “paragraph” insert “19F(5) or”.
Employment Tribunals Act 1996
20
In section 10(1) of the Employment Tribunals Act 1996 (c. 17) (action taken
for purpose of safeguarding national security), for paragraph (a)
substitute—
30
“(a)
section 145A, 145B or 146 of the Trade Union and Labour
Relations (Consolidation) Act 1992 (inducements and
detriments in respect of trade union membership etc.),”.
21
In section 18 of that Act (conciliation), in subsection (1)(b), after “138,” insert
“145A, 145B,”.
35
Employment Rights Act 1996
22
In section 92 of the Employment Rights Act 1996 (c. 18) (right to written
statement of reasons for dismissal), in subsection (6), for paragraph (c)
substitute—
“(c)
in relation to an employee who is employed under a limited-
40
term contract which terminates by virtue of the limiting event
without being renewed under the same contract, means the
date on which the termination takes effect.”
23
In section 95(1) of that Act (circumstances in which employee is dismissed),
omit “and section 96”.
45

Employment Relations Bill
Schedule 1 — Minor and consequential amendments
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24
In section 98(6)(b) of that Act (provisions to which provision about
determination of fairness of dismissal is subject), for “and 238” substitute “,
238 and 238A”.
25
In section 104(4)(c) of that Act (assertion of statutory right), after “86,” insert
“145A, 145B,”.
5
26
In section 105(1) of that Act (redundancy), for paragraph (c) substitute—
“(c)
it is shown that any of subsections (3) to (7F) applies.”
27
In section 108(3) of that Act (exceptions to one year qualifying period of
continuous employment for claims for unfair dismissal), for paragraph (b)
substitute—
10
“(b)
subsection (1) of section 99 (read with any regulations made
under that section) applies,”.
28
In section 109(2) of that Act (exceptions to upper age limit for claims for
unfair dismissal), for paragraph (b) substitute—
“(b)
subsection (1) of section 99 (read with any regulations made
15
under that section) applies,”.
National Minimum Wage Act 1998
29
In section 15 of the National Minimum Wage Act 1998 (c. 39) (disclosure of
information obtained by officers acting for the purposes of that Act), after
subsection (6) insert—
20
“(6A)
Nothing in this section prevents a disclosure in accordance with
section 16A below.”
30
In section 16 of that Act (disclosure of information obtained by officers
acting for the purposes of agricultural wages legislation), after subsection (5)
insert—
25
“(5A)
Nothing in this section prevents a disclosure in accordance with
section 16A below.”
Employment Relations Act 1999
31    (1)
Section 34 of the Employment Relations Act 1999 (c. 26) (indexation of
amounts) is amended as follows.
30
      (2)
In subsection (1), for paragraph (f) substitute—
“(ea)
section 145E(3) of the Trade Union and Labour Relations
(Consolidation) Act 1992 (unlawful inducements: amount of
award);
(f)
section 156(1) of that Act (unfair dismissal: minimum basic
35
award);”.
      (3)
In subsection (3)(b), after “(c),” insert “(ea),”.
Employment Act 2002
32
In each of Schedules 3, 4 and 5 to the Employment Act 2002 (c. 22) (tribunal
jurisdictions to which sections 31, 32 and 38 apply), for the entry relating to
40