|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
NC7To move the following Clause:
'After paragraph 119 of Schedule A1 to the 1992 Act insert
(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
(c) dismisses or threatens to dismiss a worker,
(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.
(a) the power of ACAS under section 199(1);
(b) the power of the Secretary of State under section 203(1)(a).
(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.
(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
(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.
(a) amend this Schedule;
(b) apply any provision of this Schedule with such modifications as may be specified in the order;
(c) confer functions on the CAC;
(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.
Unfair practices: power to make provision about periods before notice of ballot
Ms Secretary Hewitt
NC8To 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
(5) An order under this paragraph may
(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
NC1To 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
(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
Mr Henry Bellingham
NC2To move the following Clause:
'After paragraph 51 of Schedule A1 to the 1992 Act insert
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.".'.
Mr Henry Bellingham
NC3To move the following Clause:
'After paragraph 171 of Schedule A1 to the 1992 Act insert
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
NC9To move the following Clause:
'For subsection (2) of section 221 of the 1992 Act (restrictions on grant of injunctions and interdicts) substitute