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

back to previous text
Collective agreement

   

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

NC10

*To move the following Clause:—

    '(1)   Omit paragraph 7 of Schedule A1 to the 1992 Act.

    (2)   In paragraph 35(1) of that Schedule—

      (a) after "agreement", insert "supported by a majority of workers within the relevant bargaining unit";

      (b) after "to", insert "and does";

      (c) after "bargaining", insert "in relation at least to pay, hours and holidays";

      (d) for "any" substitute "a substantial number of".'.


Dismissal in connection with participation in official industrial action

   

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

NC11

*To move the following Clause:—

    '(1)   Section 238A of the 1992 Act (dismissal in connection with participation in official industrial action) is amended as follows.

    (2)   In subsection (1) for "employee" substitute "worker".

    (3)   For subsections (2) to (8) substitute—

      "(2) For the purposes of subsection (1) above a worker takes protected industrial action if he reasonably believes he is so doing.

      (3) The obligations on the worker to work and on the employer to give consideration therefore under the contract under which a worker works shall be suspended by operation of law for that period during which the worker takes protected industrial action and shall in no circumstances be or be regarded as broken by reason of his taking protected industrial action.

      (4) The Secretary of State shall make regulations which shall apply to deal with the consequences of suspension of contracts in accordance with subsection (3) so as to protect the various interests of workers and employers and in particular to ensure the preservation of the contract and the restoration of the obligations thereunder when the protected industrial action concludes.

      (5) Loss of pay during industrial action (whether protected or not) shall never be greater than the sum which the worker would have earned had he not taken the industrial action.".'.


Right to strike (No. 2)

   

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

NC12

*To move the following Clause:—

    '(1)   The 1992 Act is amended as follows.

    (2)   Before section 219 (but after the cross-heading immediately preceding that section) insert—

          "218A    Right to strike    

      (1)   A trade union has the right, and it shall be lawful, to call for or to support or encourage workers to take industrial action as a means of resolving or seeking to resolve any dispute or as a means of achieving or seeking to achieve any object which relates to any workers' interests at work including (without prejudice to the generality of the foregoing) economic and social matters which affect any workers or the trade union or on which the trade union has a policy.

          (2)   Every worker has the right, and it shall be lawful, to take industrial action as a means of resolving or seeking to resolve any dispute or as a means of achieving or seeking to achieve any object which relates to any workers' interests at work including (without prejudice to the generality of the foregoing) economic and social matters which affect any workers or the trade union or on which the trade union has a policy.

          (3)   In this Act 'industrial action' shall include the act of peacefully assembling and of picketing or refusing to cross a picket.".

    (3)   Omit sections 219, 220, 222 to 235A and 240 to 246.'.


Ballots on industrial action

   

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

NC13

*To move the following Clause:—

    '(1)   The 1992 Act is amended as follows.

    (2)   Before section 226 (but after the cross-heading immediately preceding that section) insert—

          "225A    Ballots on industrial action    

      (1)   The rules referred to in 43(2)(a) shall contain provisions requiring a ballot to be held (save in exceptional or emergency situations) of members which the trade union reasonably identifies as those likely to be invited by it to take industrial action and those rules shall be approved by the Certification Officer as reasonable, and such approval shall not be unreasonably withheld.

          (2)   No person or body other than a member of the union concerned may bring legal action which relies to any degree on an allegation that the balloting obligations of the union have not been met.".

    (3)   Omit sections 226 to 234A.'.


Effect of continuation of contract order on transfer of undertakings

   

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

NC14

*To move the following Clause:—

    '(1)   Section 130 of the Employment Rights Act 1996 (c. 26) (order for continuation of contract of employment) is amended as follows:

    (2)   After subsection (1)(a) omit the word "and";

    (3)   After subsection (1)(b) insert—

       "and

      (c) for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 1981,".'.


Burden of proof on employer to show reason for dismissal in trade union related cases

   

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

NC15

*To move the following Clause:—

    '(1)   Section 154 of the 1992 Act (Exclusion of requirement as to qualifying period, etc) is amended as follows:

    (2)   After subsection (2) insert—

      "(3) On a complaint under section 152 or section 153 it shall be for the employer to show the reason (or, if more than one, the principal reason) for the dismissal.".'.


Exclusion or expulsion from trade union

   

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

NC16

*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 "entirely attributable to his conduct" substitute "in accordance with the rules of the union relating to exclusion or expulsion unless the consequence of exclusion or expulsion is that the excluded or expelled person is for that reason denied or deprived of employment or unless the exclusion or expulsion is unlawful.".

    (3)   Omit subsection (4).'.


Industrial action: deduction from wages

   

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

NC17

*To move the following Clause:—

       'When a worker has taken part in official industrial action, the employer may not make a deduction from the worker's wages in respect of that action which exceeds the amount which the worker would have earned if he had not taken part in that action.'.


Protection of journalists

   

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

NC18

*To move the following Clause:—

       'After section 104C of the Employment Rights Act 1996 (c. 18) insert—

          "104D    Journalists

        An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed, if the reason (or, of more than one, the principal reason) for the dismissal is that—

          (a) the employee works as a journalist and,

          (b) refused (or proposed to refuse) to carry out any act that would amount to a contravention of the Press Complaints Commission Code of Practice that applies at that time.".'.


   

Ms Secretary Hewitt

4

Page     7,     line     29     [Clause     5],     leave out '(4)' and insert '(4ZE) (which is inserted by section (Additional duties on employers informed of ballots))'.


   

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

8

*Page     9,     line     3,     leave out Clause 8.


   

Ms Secretary Hewitt

5

Page     11,     line     10     [Clause     11],     after '7(6),', insert '27C,'.

   

Ms Secretary Hewitt

6

Page     11,     line     10     [Clause     11],     after '29(5),', insert '119C,'.


   

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

10

*Page     18,     line     38,     leave out Clauses 21 to 23.


   

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

15

*Page     21,     line     8     [Clause     24],     leave out from '(1) to 'of' in line 9 and insert 'An employer shall not make an offer or a threat to any worker with the purpose or the effect'.

   

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

16

*Page     21,     line     35     [Clause     24],     after 'worker', insert 'or a trade union'.

   

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

22

*Page     21,     line     36     [Clause     24],     leave out 'his' and insert 'the worker's'.

   

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

17

*Page     21,     line     36     [Clause     24],     leave out 'him' and insert 'the worker'.

   

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

18

*Page     21,     line     39     [Clause     24],     leave out 'which is recognised by his employer'.


   

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

19

*Page     22,     line     14     [Clause     24],     after 'worker', insert 'or a trade union'.

   

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

21

*Page     22,     line     15     [Clause     24],     leave out 'his' and insert 'the worker's'.

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page Search page Enquiries index

©Parliamentary copyright 2004
Prepared 25 Mar 2004