S.C.D.
Amendment Paper as at
Tuesday 2nd March 2004
STANDING COMMITTEE D
EMPLOYMENT RELATIONS BILL
NOTE
The Amendments have been arranged in accordance with the Orders of the Committee [3rd, 10th and 24th February 2004].
NEW CLAUSES
Dismissal after end of protected period
Mr Gerry Sutcliffe
NC7
To move the following Clause:
'(1) In section 238A (6) of the 1992 Act (dismissal after end of protected period), after paragraph (d) insert
"(e) | where there was agreement to use either of the services mentioned in paragraphs (c) and (d), the matters specified in section 238B." |
(2) After section 238A of the 1992 Act insert
"238B Conciliation and mediation: supplementary provisions (1) The matters referred to in subsection (6)(e) of section 238A are those specified in subsections (2) to (5); and references in this section to "the service provider" are to any person who provided a service mentioned in subsection (6)(c) or (d) of that section.
(2) The first matter is: whether, at meetings arranged by the service provider, the employer or, as the case may be, a union was represented by an appropriate person.
(3) The second matter is: whether the employer or a union, so far as requested to do so, co-operated in the making of arrangements for meetings to be held with the service provider.
(4) The third matter is: whether the employer or a union fulfilled any commitment given by it during the provision of the service to take particular action.
(5) The fourth matter is: whether, at meetings arranged by the service provider between the parties making use of the service, the representatives of the employer or a union answered any reasonable question put to them concerning the matter subject to conciliation or mediation.
(6) For the purposes of subsection (2) an "appropriate person" is
(a) | in relation to the employer |
(i) | a person with the authority to settle the matter subject to conciliation or mediation on behalf of the employer, or |
(ii) | a person authorised by a person of that type to make recommendations to him with regard to the settlement of that matter, and |
(b) | in relation to a union, a person who is responsible for handling on the union's behalf the matter subject to conciliation or mediation. |
(7) For the purposes of subsection (4) regard may be had to any timetable which was agreed for the taking of the action in question or, if no timetable was agreed, to how long it was before the action was taken.
(8) In any proceedings in which regard must be had to the matters referred to in section 238A(6)(e)
(a) | notes taken by or on behalf of the service provider shall not be admissible in evidence; |
(b) | the service provider must refuse to give evidence as to anything communicated to him in connection with the performance of his functions as a conciliator or mediator if, in his opinion, to give the evidence would involve his making a damaging disclosure; and |
(c) | the service provider may refuse to give evidence as to whether, for the purposes of subsection (5), a particular question was or was not a reasonable one. |
(9) For the purposes of subsection (8)(b) a "damaging disclosure" is
(a) | a disclosure of information which is commercially sensitive, or |
(b) | a disclosure of information that has not previously been disclosed which relates to a position taken by a party using the conciliation or mediation service on the settlement of the matter subject to conciliation or mediation, |
to which the person who communicated the information to the service provider has not consented."'.
Exclusion or expulsion from trade union attributable to conduct
Mr Gerry Sutcliffe
NC8
To move the following Clause:
'(1) Section 174 of the 1992 Act (right not to be excluded or expelled from trade union) is amended as follows.
(2) In subsection (2)(d) for "his conduct" substitute "conduct of his (other than excluded conduct) and the conduct to which it is wholly or mainly attributable is not protected conduct".
(3) For subsection (4) substitute
(4) In section 176 of that Act (remedies for infringement of right not to be excluded or expelled), after subsection (1) insert
(5) In subsection (3)(a) of that section, after "declaration" insert "under subsection (1)".
(6) After subsection (6) of that section insert
(7) In sections 174 and 176 of the 1992 Act references to the conduct of an individual include references to conduct which took place before the coming into force of this section.'.
Applications no longer to be made to Employment Appeal Tribunal
Mr Gerry Sutcliffe
NC9
To move the following Clause:
'(1) Section 67 of the 1992 Act (compensation for infringement of right not to be unjustifiably disciplined) is amended in accordance with subsections (2) to (6).
(2) In subsection (1) after "application" insert "to an employment tribunal".
(3) Omit subsections (2) and (4).
(4) In subsections (5) and (7) omit "Employment Appeal Tribunal or".
(5) In subsection (8) omit the words after paragraph (b).
(6) After that subsection insert
"(8A) If on the date on which the application was made
(a) | the determination infringing the applicant's right not to be unjustifiably disciplined has not been revoked, or |
(b) | the union has failed to take all the steps necessary for securing the reversal of anything done for the purpose of giving effect to the determination, |
the amount of compensation shall be not less than the amount for the time being specified in section 176(6A)."
(7) Section 176 of the 1992 Act (remedies for exclusion or expulsion from trade union) is also amended in accordance with subsections (8) to (11).
(8) In subsection (2)
(a) | after "an application" insert "to an employment tribunal"; and |
(b) | omit the second sentence. |
(9) In subsection (4) omit "or the Employment Appeal Tribunal".
(10) In subsection (5) omit "or Employment Appeal Tribunal".
(11) In subsection (6) omit the words after paragraph (b).'.
Unofficial industrial action
Malcolm Bruce
Brian Cotter
NC4
To move the following Clause:
'(1) Section 237 of the 1992 Act (dismissal of those taking part in unofficial industrial action) is amended as follows.
(2) After subsection (2) there is inserted
"(2A) | The Secretary of State shall make appropriate arrangements for the provision of penalties to be incurred by an employee who takes part in an unofficial strike or other unofficial action when a member of a trade union and the trade union when it is considered not to have acted in a manner appropriate to the discouragement of the unofficial strike or action. |
(2B) | The Secretary of State shall consult such persons as he considers appropriate on the form penalties will take and shall publish the responses received pursuant to those consultations.".'. |
Tips, etc., not to be taken into account as remunerations contributing to National Minimum Wage
Mr Bill Tynan
NC6
To move the following Clause:
'The National Minimum Wage Regulations 1999 are amended, in Regulation 31(1)(e), by leaving out "that is not paid through the payroll" and inserting "whether paid through the payroll or by any other method".'.
Mr Gerry Sutcliffe
55
Clause 44, page 36, line 27, after 'sections' insert '(Information and consultation: Northern Ireland),'.