Vote Bundle Text (940325-02)

Amendments proposed to the Employment Relations Bill, As Amended - continued	House of Commons

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Unfair practices in relation to derecognition ballots

Ms Secretary Hewitt

NC7

To move the following Clause:—

'After paragraph 119 of Schedule A1 to the 1992 Act insert—

"119A (1) Each of the parties informed by the CAC under paragraph 117(11) must refrain from using any unfair practice.

(2) A party uses an unfair practice if, with a view to influencing the result of the ballot, the party—

(a) offers anything to a worker entitled to vote in the ballot in return for the worker's agreement to vote in a particular way or to abstain from voting,

(b) coerces or attempts to coerce a worker entitled to vote in the ballot to disclose—

(i) whether he intends to vote or to abstain from voting in the ballot, or

(ii) how he intends to vote, or how he has voted, in the ballot,

(d) takes or threatens to take disciplinary action against a worker,

(e) subjects or threatens to subject a worker to any other detriment, or

(f) uses or attempts to use undue influence on a worker entitled to vote in the ballot.

(3) The duty imposed by this paragraph does not confer any rights on a worker; but that does not affect any other right which a worker may have.

(4) Each of the following powers shall be taken to include power to issue Codes of Practice about unfair practices for the purposes of this paragraph—

(a) the power of ACAS under section 199(1);

(b) the power of the Secretary of State under section 203(1)(a).

119B (1) A party may complain to the CAC that another party has failed to comply with paragraph 119A.

(2) A complaint under sub-paragraph (1) must be made on or before the first working day after—

(a) the date of the ballot, or

(b) if the ballot is held on more than one day, the last date on which votes can be cast in the ballot.

(3) Within the decision period the CAC must decide whether the complaint is well-founded.

(4) A complaint is well-founded if—

(a) the CAC finds that the party complained against used an unfair practice, and

(b) the CAC is satisfied that the use of that practice changed or was likely to change, in the case of a worker entitled to vote in the ballot—

(i) his intention to vote or to abstain from voting,

(ii) his intention to vote in a particular way, or

(iii) how he voted.

(5) The decision period is—

(a) the period of 10 working days starting with the day after that on which the complaint under sub-paragraph (1) was received by the CAC, or

(b) such longer period (so starting) as the CAC may specify to the parties by a notice containing reasons for the extension.

(6) If, at the beginning of the decision period, the ballot has not begun, the CAC may by notice to the parties and the qualified independent person postpone the date on which it is to begin until a date which falls after the end of the decision period.

119C (1) The Secretary of State may by order make provision about the consequences of a decision that a complaint under paragraph 119B is well-founded.

(2) An order under this paragraph may, in particular—

(a) amend this Schedule;

(b) apply any provision of this Schedule with such modifications as may be specified in the order;

(d) make provision about the arrangement and conduct of further ballots;

(e) include supplementary or incidental provisions;

(f) make different provision for different cases or circumstances.

(3) An order under this paragraph shall be made by statutory instrument.

(4) No such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.".'.

Unfair practices: power to make provision about periods before notice of ballot

Ms Secretary Hewitt

NC8

To move the following Clause:—

'After paragraph 166A of Schedule A1 to the 1992 Act (which is inserted by section 12) insert—

"166B (1) The Secretary of State may by order provide that, during any period beginning and ending with the occurrence of specified events, employers and unions to which the order applies are prohibited from using such practices as are specified as unfair practices in relation to an application under this Schedule of a specified description.

(2) An order under this paragraph may make provision about the consequences of a contravention of any prohibition imposed by the order (including provision modifying the effect of any provision of this Schedule in the event of such a contravention).

(3) An order under this paragraph may confer functions on the CAC.

(4) An order under this paragraph may contain provision extending for the purposes of the order either or both of the following powers to issue Codes of Practice—

(a) the power of ACAS under section 199(1);

(b) the power of the Secretary of State under section 203(1)(a).

(5) An order under this paragraph may—

(a) include supplementary or incidental provisions (including provision amending this Schedule), and

(b) make different provision for different cases or circumstances.

(6) An order under this paragraph shall be made by statutory instrument.

(7) No such order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

(8) In this paragraph "specified" means specified in an order under this paragraph.".'.

Dignity at work

Valerie Davey
John McDonnell
Mr Roger Berry
Mr Martin Caton

NC1

To move the following Clause:—

'(1) Every employee shall have the right to dignity at work, and if the terms of the contract under which a person is employed do not include that right they shall be deemed to include it.

(2) An employer commits a breach of the right to dignity at work of an employee if, during his employment with the employer, that employee suffers harassment or bullying or any act, omission or conduct which causes him to be alarmed or distressed, including (but not limited to) any of the following—

(a) behaviour on more than one occasion which is offensive, abusive, malicious, insulting or intimidating;

(b) unjustified criticism on more than one occasion;

(d) changes in the duties or responsibilities of the employee to the employee's detriment without reasonable justification.

(3) Every employer shall provide a written Dignity at Work Policy outlining each employee's right to dignity at work, which must include the following—

(a) an explanation of the statutory right of all employees to dignity at work and a statement that breaches of that right will not be tolerated;

(b) examples of the types of behaviour which do not conform with the right to dignity at work and of conduct which may lead to disciplinary action;

(c) a clear statement of the procedure for bringing complaints and the manner in which they will be dealt with, which must include a commitment that complaints of a breach of the right to dignity at work will be taken seriously, investigated objectively and dealt with in confidence and must allow the complainant to be represented by a representative of his choice at all stages;

(d) designation of a competent person to whom complaints should be made and who shall fulfil the functions allotted to the competent person by this Act;

(e) a clear statement of the disciplinary procedure to be followed against employees who infringe the Policy, which statement shall comply with the provisions of the ACAS Code of Practice on Disciplinary Practice and Procedures in Employment (1977);

(f) details (including names and contact telephone numbers) of designated persons available to counsel, assist and advise individuals bringing complaints or who are the subject of complaints;

(g) arrangements for training in the Policy all those occupying any position of managerial authority, and all employees of the Policy;

(h) annual monitoring of the operation of the Policy, to be reported to senior management, and to include a summary of all complaints made under the Policy (with names of complaints kept confidential unless the complainant agrees otherwise); and

(i) arrangements for consultation with trade union and safety representatives on the operation of the Policy, its implementation and any revision of the Policy in the light of its operation in practice.'.

Intimidation

Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Peter Atkinson
Mrs Eleanor Laing

NC2

To move the following Clause:—

'After paragraph 51 of Schedule A1 to the 1992 Act insert—

"Intimidation 51A If during the union recognition procedure a union uses undue force or intimidating measures to get recognition then the CAC shall have the right to investigate this at the request of the employer or any worker and if such measures are found to have been used the CAC shall terminate the recognition procedure immediately.".'.

Appeals

Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Peter Atkinson
Mrs Eleanor Laing

NC3

To move the following Clause:—

'After paragraph 171 of Schedule A1 to the 1992 Act insert—

"Appeals 171A Any of a union or a company or a relevant worker may appeal against any decision of the CAC to the High Court.".'.

Right to strike

John McDonnell
Mr Kelvin Hopkins
Mr Robert N. Wareing
Jeremy Corbyn

NC9

*To move the following Clause:—

'For subsection (2) of section 221 of the 1992 Act (Restrictions on grant of injunctions and interdicts) substitute—

"(2) No injunction or interdict shall be granted to restrain exercise of the right to strike by a trade union or any workers.".'.