(8-14)

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

(  8  )

“(2BA)
The information referred to in subsection (2)(c)(ii) is such information as

will enable the employer readily to deduce—

(a)
the total number of employees concerned,

(b)
the categories of employee to which the employees concerned

belong and the number of the employees concerned in each of those

categories, and

(c)
the workplaces at which the employees concerned work and the

number of them who work at each of those workplaces.”
21
Page 23, line 8, after “section” insert “, or the information mentioned in subsection

(2BA) that is so supplied,”
22
Page 23, leave out line 30 and insert—

    “(2H)
For the purposes of this section, the workplace at which an

employee works is—”
Clause 24
23
Page 24, leave out lines 14 to 16 and insert—

““(a)
contains—

(i)
the lists mentioned in subsection (3A) and the figures

mentioned in subsection (3B), together with an explanation

of how those figures were arrived at, or

(ii)
where some or all of the affected employees are employees

from whose wages the employer makes deductions

representing payments to the union, either those lists and

figures and that explanation or the information mentioned

in subsection (3BA), and”;”
24
Page 24, line 23, leave out “of the affected employees” and insert “at which the

affected employees work”
25
Page 24, line 29, at end insert—

“(3BA)
The information referred to in subsection (3)(a)(ii) is such information as

will enable the employer readily to deduce—

(a)
the total number of the affected employees,

(b)
the categories of employee to which the affected employees belong

and the number of the affected employees in each of those

categories, and

(c)
the workplaces at which the affected employees work and the

number of them who work at each of those workplaces.”
26
Page 24, line 30, after “section” insert “, or the information mentioned in subsection

(3BA) that is so supplied,”
27
Page 24, line 43, leave out from first “a” to end of line and insert “notified category

of employee and the workplace at which he works is a notified workplace”.”
28
Page 25, line 1, at end insert—

““( )
In subsection (5)—

(a)
a “notified category of employee” means—

(i)
a category of employee that is listed in the notice, or

(ii)
where the notice contains the information mentioned in

subsection (3BA), a category of employee that the employer

(at the time he receives the notice) can readily deduce from

(  9  )

the notice is a category of employee to which some or all of

the affected employees belong, and

(b)
a “notified workplace” means—

(i)
a workplace that is listed in the notice, or

(ii)
where the notice contains the information mentioned in

subsection (3BA), a workplace that the employer (at the time

he receives the notice) can readily deduce from the notice is

the workplace at which some or all of the affected

employees work.”
29
Page 25, leave out line 6 and insert—

    “(5C)
For the purposes of this section, the workplace at which an

employee works is—”
30
Page 25, line 7, leave out “affected”
31
Page 25, line 9, leave out “affected”
Clause 25
32
Page 25, line 21, leave out “eight” and insert “twelve”
Clause 28
33
Page 28, line 4, after “worker” insert “or former worker”
34
Page 28, line 9, after “recognised” insert “, or seeking to be recognised,”
35
Page 28, line 17, leave out “no longer” and insert “not (or will no longer)”
36
Page 28, line 24, after “worker” insert “or former worker”
37
Page 28, line 32, leave out “worker” and insert “complainant”
38
Page 29, line 9, at end insert—

“( )
that when the offers were made the employer did not wish

to enter into arrangements proposed by the union for

collective bargaining,”
39
Page 30, line 7, at end insert—

“(2A)
In sections 145A to 145E—


“worker” means an individual who works, or normally works,

as mentioned in paragraphs (a) to (c) of section 296(1), and


“employer” means—

(a)
in relation to a worker, the person for whom he

works;

(b)
in relation to a former worker, the person for whom

he worked.”
40
Page 30, line 8, leave out “worker” and insert “person”
Clause 29
41
Page 30, line 15, leave out “, (3) and (5)” and insert “and (3)”
42
Page 30, line 23, at end insert—

(  10  )

“( )
In subsection (5), for “An employee” substitute “A worker or former

worker”.”
43
Page 30, line 31, leave out subsection (7) and insert—

“( )
In section 151 of the 1992 Act (interpretation of sections 146 to 150 and

supplementary provision), after subsection (1A) (which is inserted by

section 30) insert—

“(1B)
In sections 146 to 150—


“worker” means an individual who works, or normally works,

as mentioned in paragraphs (a) to (c) of section 296(1), and


“employer” means—

(a)
in relation to a worker, the person for whom he

works;

(b)
in relation to a former worker, the person for whom

he worked.”

( )
In subsection (2) of that section, for “an employee” substitute “a person”.”
Clause 32
44
Page 33, line 27, leave out from “of” to “it” in line 30 and insert “conduct of the

complainant which was contrary to—

(a)
a rule of the union, or

(b)
an objective of the union,”
45
Page 33, line 30, at end insert—

“(1C)
For the purposes of subsection (1B), it is immaterial whether the

complainant was a member of the union at the time of the conduct

contrary to the rule or objective.

(1D)
A declaration by virtue of subsection (1B)(b) shall not be made

unless the union shows that, at the time of the conduct of the

complainant which was contrary to the objective in question, it was

reasonably practicable for that objective to be ascertained—

(a)
if the complainant was not at that time a member of the

union, by a member of the general public, and

(b)
if he was at that time a member of the union, by a member

of the union.”
After Clause 34
46
Insert the following new Clause—


“National security: powers of employment tribunals

For subsection (6) of section 10 of the Employment Tribunals Act 1996

(c. 17) (procedure regulations in relation to cases involving issues of

national security) substitute—

“(6)
Employment tribunal procedure regulations may enable a tribunal,

if it considers it expedient in the interests of national security, to do

in relation to particular proceedings before it anything of a kind

which, by virtue of subsection (5), employment tribunal procedure

(  11  )

regulations may enable a Minister of the Crown to direct a tribunal

to do in relation to particular Crown employment proceedings.””
After Clause 37
47
Insert the following new Clause—


“Protection of employees in respect of jury service

(1)
In Part 5 of the Employment Rights Act 1996 (c. 18) (protection from

suffering detriment in employment), before section 44 (but after the cross-

heading immediately preceding that section) insert—

“43M
Jury service

(1)
An employee has the right not to be subjected to any detriment by

any act, or any deliberate failure to act, by his employer on the

ground that the employee—

(a)
has been summoned under the Juries Act 1974, the Coroners

Act 1988, the Court of Session Act 1988 or the Criminal

Procedure (Scotland) Act 1995 to attend for service as a

juror, or

(b)
has been absent from work because he attended at any place

in pursuance of being so summoned.

(2)
This section does not apply where the detriment in question

amounts to dismissal within the meaning of Part 10.

(3)
For the purposes of this section, an employee is not to be regarded

as having been subjected to a detriment by a failure to pay

remuneration in respect of a relevant period unless under his

contract of employment he is entitled to be paid that remuneration.

(4)
In subsection (3) “a relevant period” means any period during

which the employee is absent from work because of his attendance

at any place in pursuance of being summoned as mentioned in

subsection (1)(a).”

(2)
In section 48(1) of that Act (application to employment tribunal), after

“section” insert “43M,”.

(3)
After section 98A of that Act insert—

“98B
Jury service

(1)
An employee who is dismissed shall be regarded for the purposes

of this Part as unfairly dismissed if the reason (or, if more than one,

the principal reason) for the dismissal is that the employee—

(a)
has been summoned under the Juries Act 1974, the Coroners

Act 1988, the Court of Session Act 1988 or the Criminal

(  12  )

Procedure (Scotland) Act 1995 to attend for service as a

juror, or

(b)
has been absent from work because he attended at any place

in pursuance of being so summoned.

(2)
Subsection (1) does not apply in relation to an employee who is

dismissed if the employer shows—

(a)
that the circumstances were such that the employee’s

absence in pursuance of being so summoned was likely to

cause substantial injury to the employer’s undertaking,

(b)
that the employer brought those circumstances to the

attention of the employee,

(c)
that the employee refused or failed to apply to the

appropriate officer for excusal from or a deferral of the

obligation to attend in pursuance of being so summoned,

and

(d)
that the refusal or failure was not reasonable.

(3)
In paragraph (c) of subsection (2) “the appropriate officer” means—

(a)
in the case of a person who has been summoned under the

Juries Act 1974, the officer designated for the purposes of

section 8, 9 or, as the case may be, 9A of that Act;

(b)
in the case of a person who has been summoned under the

Coroners Act 1988, a person who is the appropriate officer

for the purposes of any rules made under subsection (1) of

section 32 of that Act by virtue of subsection (2) of that

section;

(c)
in the case of a person who has been summoned under the

Court of Session Act 1988, either—

(i)
the clerk of court issuing the citation to attend for

jury service; or

(ii)
the clerk of the court before which the person is cited

to attend for jury service;

(d)
in the case of a person who has been summoned under the

Criminal Procedure (Scotland) Act 1995, either—

(i)
the clerk of court issuing the citation to attend for

jury service; or

(ii)
the clerk of the court before which the person has

been cited to attend for jury service;


and references in that paragraph to a refusal or failure to apply

include references to a refusal or failure to give a notice under

section 1(2)(b) of the Law Reform (Miscellaneous Provisions)

(Scotland) Act 1980.”

(4)
In section 105 of that Act (redundancy), for subsection (1)(c) substitute—

“(c)
it is shown that any of subsections (2A) to (7F) applies.”

(5)
In that section, before subsection (3) insert—

“(2A)
This subsection applies if the reason (or, if more than one, the

principal reason) for which the employee was selected for dismissal

(  13  )

was one of those specified in subsection (1) of section 98B (unless

the case is one to which subsection (2) of that section applies).”

(6)
In section 108(3) of that Act (exceptions to one year qualifying period of

continuous employment for claims of unfair dismissal), before paragraph

(b) insert—

“(aa)
subsection (1) of section 98B (read with subsection (2) of that

section) applies,”.

(7)
In section 109(2) of that Act (exceptions to upper age limit for claims of

unfair dismissal), before paragraph (b) insert—

“(aa)
subsection (1) of section 98B (read with subsection (2) of that

section) applies,”.

(8)
In section 237(1A)(a) of the 1992 Act (cases where employee may complain

of unfair dismissal despite participation in unofficial industrial action)—

(a)
after “section” insert “98B,“; and

(b)
after “(dismissal in” insert “jury service,”.

(9)
In section 238(2A)(a) of the 1992 Act (cases where employment tribunal to

determine whether dismissal of an employee is unfair despite limitation in

subsection (2) of that section)—

(a)
after “section” insert “98B,”; and

(b)
after “(dismissal in” insert “jury service,”.”
Clause 38
48
Page 36, line 14, at end insert—

“( )
In section 48(1) of the Employment Rights Act 1996 (c. 18) (complaints to

employment tribunals), for “47D” substitute “47E”.”
49
Page 36, line 15, leave out “the Employment Rights Act 1996 (c. 18)” and insert “that

Act”
50
Page 36, line 26, at end insert—

“( )
In sections 194(2) and 195(2) of that Act (provisions of the Act which have

effect in relation to employment as a member of the staff of the House of

Lords or the House of Commons), in paragraph (c) for “and 47D” substitute

“, 47D and 47E”.

( )
In section 199(2) of that Act (provisions of the Act not applicable to share

fishermen) for “47D” substitute “47E”.”
After Clause 41
51
Insert the following new Clause—


“Enforcement notices

(1)
Section 19 of the National Minimum Wage Act 1998 (c. 39) (enforcement

notices) is amended as follows.

(2)
After subsection (2B) insert—

“(2C)
Where an enforcement notice imposes a requirement under

subsection (2) above, the amount specified in the notice as the sum

(  14  )

due to the worker under section 17 above need not include any sum

so due to him in respect of any very recent pay reference period

(although the amount so specified may include any such sum).

(2D)
In subsection (2C) above a “very recent” pay reference period

means a pay reference period ending less than 3 months before the

date on which the notice is served.”

(3)
In subsection (3) for “The same” substitute “An”.

(4)
Nothing in this section affects section 19 of the National Minimum Wage

Act 1998 (c. 39) as it has effect for the purposes of the Agricultural Wages

(Scotland) Act 1949 (c. 30).”
52
Insert the following new Clause—


“Withdrawal and replacement of notices

(1)
After section 22 of the National Minimum Wage Act 1998 (c. 39) insert—

“22A
Withdrawal of enforcement notice

(1)
Where an enforcement notice has been served (and has not already

been withdrawn or rescinded), an officer acting for the purposes of

this Act may withdraw the enforcement notice by serving notice of

the withdrawal on the employer.

(2)
Subsection (3) applies if an enforcement notice is withdrawn and

either—

(a)
no new enforcement notice is served in accordance with

section 22B; or

(b)
a new enforcement notice is so served, but the notice of

withdrawal states that subsection (3) applies.

(3)
If an enforcement notice is withdrawn and this subsection

applies,—

(a)
after the withdrawal no penalty notice may be served under

section 21 in respect of any non-compliance with the

enforcement notice before it was withdrawn;

(b)
if any penalty notice was so served before the withdrawal,

it ceases to have effect and any appeal against it must be

dismissed;

(c)
any sum paid or recovered in respect of any such penalty

notice must be repaid to the employer with interest at the

appropriate rate running from the date when the sum was

paid or recovered;

(d)
any appeal against the enforcement notice must be

dismissed;

(e)
after the withdrawal no complaint may be presented or

other civil proceedings commenced by virtue of section 20

in reliance on any non-compliance with the enforcement

notice before it was withdrawn;

(f)
any complaint or proceedings so presented or commenced

before the withdrawal may be proceeded with despite the

withdrawal.