| Amendments proposed to the Employment Relations Bill, As Amended - continued | House of Commons |
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Collective bargaining
John McDonnell 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—
Dismissal in connection with participation in official industrial action
John McDonnell 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—
Right to strike (No. 2)
John McDonnell 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—
(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.".
Ballots on industrial action
John McDonnell 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—
(1) The rules referred to in section 3(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.".
Effect of continuation of contract order on transfer of undertakings
John McDonnell 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—
Burden of proof on employer to show reason for dismissal in trade union related cases
John McDonnell 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—
Exclusion or expulsion from trade union
John McDonnell 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 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 NC18 To move the following Clause:—'After section 104C of the Employment Rights Act 1996 (c. 18) insert—
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 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 10 Page 18, line 38, leave out Clauses 21 to 23.
John McDonnell 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 16 Page 21, line 35 [Clause 24], after 'worker', insert 'or a trade union'.
John McDonnell 22 Page 21, line 36 [Clause 24], leave out 'his' and insert 'the worker's'.
John McDonnell 17 Page 21, line 36 [Clause 24], leave out 'him' and insert 'the worker'.
John McDonnell 18 Page 21, line 39 [Clause 24], leave out 'which is recognised by his employer'.
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