Employment Relations Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Employment Relations Bill

Employment Relations Bill
Schedule 1 — Minor and consequential amendments
47

without being renewed under the same contract, means the
date on which the termination takes effect.”
26
In section 95(1) of that Act (circumstances in which employee is dismissed),
omit “and section 96”.
27
In section 98(6)(b) of that Act (provisions to which provision about
5
determination of fairness of dismissal is subject), for “and 238” substitute “,
238 and 238A”.
28
In section 104(4)(c) of that Act (assertion of statutory right), after “86,” insert
“145A, 145B,”.
29
In section 105(1) of that Act (redundancy), for paragraph (c) substitute—
10
“(c)
it is shown that any of subsections (3) to (7F) applies.”
30
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—
“(b)
subsection (1) of section 99 (read with any regulations made
15
under that section) applies,”.
31
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
under that section) applies,”.
20
National Minimum Wage Act 1998
32
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—
“(6A)
Nothing in this section prevents a disclosure in accordance with
25
section 16A below.”
33
In section 16 of that Act (disclosure of information obtained by officers
acting for the purposes of agricultural wages legislation), after subsection (5)
insert—
“(5A)
Nothing in this section prevents a disclosure in accordance with
30
section 16A below.”
Employment Relations Act 1999
34    (1)
Section 34 of the Employment Relations Act 1999 (c. 26) (indexation of
amounts) is amended as follows.
      (2)
In subsection (1), for paragraph (f) substitute—
35
“(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
award);”.
40
      (3)
In subsection (1)(g), for “176(6)” substitute “176(6A)”.
      (4)
In subsection (3)(b), after “(c),” insert “(ea),”.

Employment Relations Bill
Schedule 2 — Repeals
48

Employment Act 2002
35
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
section 146 of the 1992 Act substitute—

“Section 145A of the Trade Union and Labour Relations (Consolidation) Act
5
1992 (inducements relating to union membership or activities)

Section 145B of that Act (inducements relating to collective bargaining)

Section 146 of that Act (detriment in relation to union membership and
activities)”.
Schedule 2
10
Section 48(2)

Repeals

Short title and chapter
Extent of repeal

Agricultural Wages Act 1948
Section 12(1) and (2).

(c. 47)

Trade Union and Labour
Section 9(3).

15

Relations (Consolidation) Act

1992 (c. 52).

Section 19(4).

Section 34(5)(c).

In section 46(2), the words after paragraph (d).

20

In section 62, the word “and” at the end of

subsection (2)(b).

In section 67, subsections (2) and (4), in

subsections (5) and (7) the words

“Employment Appeal Tribunal or” and in

25

subsection (8) the words after paragraph (b).

Section 126(2).

Section 133, the word “and” at the end of

subsection (2)(b).

In section 146, the word “or” at the end of

30

subsection (1)(b).

In section 148, subsections (3) to (5).

In section 151(1), the words from “; and

references” to the end.

In section 152, in subsection (1), the word “or” at

35

the end of each of paragraphs (a) and (b) and,

in subsection (4), the words from “; and

references” to the end.

In section 155, the word “or” at the end of

subsection (2)(b).

40

In section 176, in subsection (2) the second

sentence, in subsection (4) the words “or the

Employment Appeal Tribunal”, in subsection

(5) the words “or Employment Appeal

Tribunal” and in subsection (6) the words

45

after paragraph (b).

In section 226A, subsections (3) to (3B).

Employment Relations Bill
Schedule 2 — Repeals
49

Short title and chapter
Extent of repeal

In section 234A(3), paragraph (c) and the word

“and” immediately preceding it.

Section 256A(4)(a).

In section 288(1)(b), sub-paragraph (ii) and the

5

word “or” immediately preceding it.

Section 292(1)(a).

In section 299, the entry relating to “place of

work (in Part V)”.

In Schedule A1, paragraphs 101(4) and (5),

10

109(2)(a), 113(2)(a) and 130(2)(a).

Employment Tribunals Act
Section 30(2)(e).

1996 (c. 17)

Section 36(1) to (3).

Employment Rights Act 1996
In section 95(1), the words “and section 96”.

15

(c. 18).

Employment Relations Act
Section 17.

1999.

In section 23(5) the words from “, whether” to

the end.

20

Employment Act 2002 (c. 22).
Section 41.