Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill

Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill
1

A
Bill
To
Make provision about representation of and assistance to complainants in
discrimination proceedings before employment tribunals and the
Employment Appeal Tribunal; to establish and confer functions upon the
Tribunal Representation and Assistance Board; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Constitution and funding of the Board
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Tribunal Representation and Assistance Board
(1)
There shall be a body known as the Tribunal Representation and Assistance
Board (referred to in this Act as “the Board”).
(2)
Schedule 1 (which makes provision about the Board’s constitution and related
5
matters) has effect.
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Principal duties and functions of the Board
(1)
The principal duties of the Board shall be to—
(a)
to ensure that assistance and representation are available to all eligible
complainants in—
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(i)
proceedings to which this Act applies, and
(ii)
relevant activities preparatory to such proceedings,

so as to provide that there is equality of arms in those proceedings;
(b)
to ensure that assistance and representation are available to eligible
complainants wherever practicable from accredited bodies; and
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(c)
to ensure that assistance and representation are provided to eligible
complainants at the lowest cost commensurate with the fulfilment of
the objective set out in paragraph (a).
(2)
The Board shall have the functions of—

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Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill
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(a)
accrediting bodies and monitoring the provision of assistance and
representation by accredited bodies or otherwise in accordance with
the provisions of section 4;
(b)
securing the provision of assistance and representation in designated
areas by accredited bodies or otherwise in accordance with the
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provisions of section 5;
(c)
issuing and revising codes of practice on the operation of this Act in
accordance with the provisions of section 6; and
(d)
promoting awareness of the provisions of this Act amongst persons
likely to be affected by them.
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(3)
The Board may, for any purpose connected with the performance of its
functions—
(a)
make proposals or give other advice to any Minister of the Crown as to
any aspect of the law or a proposed change to the law,
(b)
make proposals or give advice to any public authority as to the practical
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application of any law,
(c)
undertake, or arrange for or support (whether financially or otherwise),
the carrying out of research or the provision of advice or information.
(4)
Nothing in subsection (3) is to be regarded as limiting the Board’s powers.
(5)
The Board may make charges for facilities or services made available by it for
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any purpose.
(6)
In this section—
“assistance” has its wider meaning;
“the law” includes Community law and the international obligations of
the United Kingdom;
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“public authority” has the same meaning as in section 6 of the Human
Rights Act 1998 (c. 42) (acts of public authorities).
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Funding of the Board
(1)
At least three months before the beginning of each relevant financial year, the
Board shall prepare and send to the Lord Chancellor an estimate of its funding
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needs for that financial year.
(2)
An estimate prepared under subsection (1) shall specify the needs in relation
to each of the functions of the Board set out in section 2(2) and the overall
funding needs of the Board.
(3)
It shall be the duty of the Lord Chancellor to secure that there is paid to the Board out
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of money provided by Parliament in respect of each financial year an amount that is
equal to or greater than the total funding needs of the Board contained in the estimate
relating to that financial year prepared under subsection (1).
(4)
In pursuance of his duty under subsection (3), the Lord Chancellor may direct—
(a)
the Secretary of State,
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(b)
the Commission for Racial Equality,
(c)
the Disability Rights Commission,
(d)
the Equal Opportunities Commission,

to pay to the Board such amounts as may be specified in the direction.

Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill
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(5)
In this section, “relevant financial year” means each financial year referred to
in paragraph 15(7)(b) of Schedule 1.
Accreditation and provision of assistance and representation
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Accreditation and monitoring
(1)
The Board shall accredit bodies that may tender for the provision of assistance
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and representation in a designated area under section 5.
(2)
The system of accreditation shall include provision for the monitoring of the
services provided by accredited bodies or otherwise and for the withdrawal of
accreditation from any bodies providing services of an unsatisfactory quality.
(3)
The Board shall set and monitor standards in relation to the provision of
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assistance and representation by an accredited body or otherwise under
section 5.
(4)
Standards under subsection (3) shall in particular to be set so as to secure that
accredited bodies do not obtain or seek to obtain a profit from the provision of
assistance and representation under section 5.
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Assistance and representation provided by accredited bodies or otherwise
(1)
The Board shall invite tenders for the provision in each designated area by an
accredited body of assistance and representation to all eligible complainants
in—
(a)
proceedings to which this Act applies, and
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(b)
relevant activities preparatory to such proceedings.
(2)
Invitations to tender under subsection (1) shall—
(a)
be published in such form as the Board considers appropriate,
(b)
specify the period for which the functions specified in subsection (1) are
to be provided in a designated area,
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(c)
require accredited bodies to provide such other information as the
Board considers necessary for the purpose of enabling it to come to a
decision under subsection (3).
(3)
The Board shall (subject to subsection (5)(b)) select an accredited body to carry
out the functions specified in subsection (1) in a designated area from amongst
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those who have responded to the invitation to tender.
(4)
Where an accredited body has been selected under subsection (3), the Board
shall—
(a)
make such arrangements as it considers appropriate for the purpose of
enabling the accredited body to carry out the functions specified in
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subsection (1) in the designated area,
(b)
in particular, make arrangements for the payment to the accredited body of
such amounts as are reasonably incurred by that accredited body in carrying
out those functions, and
(c)
monitor the performance of those functions by the accredited body in
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accordance with section 4.
(5)
Where—

Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill
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(a)
no responses by accredited bodies to an invitation to tender are
received in respect of a designated area, or
(b)
the Board is not satisfied that it is appropriate to select any of the
accredited bodies that have responded to carry out the functions
specified in subsection (1) in a designated area,
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the Board shall secure the performance of the functions specified in subsection
(1) in that designated area otherwise than by an accredited body, having regard
to its principal duties under section 2(1).
(6)
For the purposes of subsection (5), the Board may—
(a)
make such arrangements as it considers appropriate for the purpose of
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enabling bodies or persons to carry out the functions specified in
subsection (1) in the designated area,
(b)
in particular, make arrangements for the payment to bodies or persons of such
amounts as are reasonably incurred by bodies or persons in carrying out those
functions, and
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(c)
monitor the performance of those functions by bodies or persons in
accordance with section 4.
(7)
Where the Board is satisfied that the performance of functions by an accredited
body or another body or person is unsatisfactory, the Board may terminate any
arrangement under subsection (4) or (6).
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(8)
The Board shall designated areas for the purposes of this section (to be known
as “designated areas”), having regard to the desirability of ensuring that,
wherever practicable, the areas so designated are the areas for the time being
designated for the purpose of determining the jurisdiction of tribunals.
General provisions about the Board
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6
Codes of practice
(1)
The Board shall prepare and issue codes of practice for the purpose of giving
practical guidance to accredited bodies and other bodies and persons carrying
out functions under this Act.
(2)
The Board shall deal in particular under subsection (1) with the determination
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of whether or not a person is an eligible complainant.
(3)
The Board shall—
(a)
keep any code of practice under this section under review, and
(b)
prepare a revised code of practice when appropriate.
(4)
Before preparing a code of practice under this section, the Board shall
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consult—
(a)
the Commission for Racial Equality,
(b)
the Disability Rights Commission,
(c)
the Equal Opportunities Commission,
(d)
the Lord Chancellor, and
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(e)
such other bodies and persons as appear to the Board to be appropriate.
(5)
The Board shall publish a code of practice issued under this section in such a
way as, in its opinion, is likely to bring the code of practice to the attention of
those interested.