Amendments proposed to the Work and Families Bill - continued House of Commons

back to previous text
   

Norman Lamb

33

Clause     12,     page     10,     line     16,     leave out from 'who' to end of line 18 and insert 'is disabled, elderly or has a long-term illness and in respect of whom the employee has caring responsibilities that have a substantial impact on his working life.'.

   

Norman Lamb

29

Clause     12,     page     10,     line     18,     at end insert—

'(c) his purpose in applying for the change is to enable him to achieve a better work-life balance.'.

   

Norman Lamb

9

Clause     12,     page     10,     line     19,     leave out from 'subsection (2),' to end of line 21 and insert ', delete paragraph (d).'.

   

Norman Lamb

34

Clause     12,     page     10,     line     22,     at end insert—

    '(4A)   If an employee described in subsection (2)(b)(ii) has made a successful application under this section, he may make a further application to the same employer for a review of the agreed flexible working arrangements within the twelve month period beginning with the date on which the previous application was made.'.

   

Mrs Eleanor Laing

26

Clause     12,     page     10,     line     29,     at end add—

    '(11)   No regulations made under this section may be made unless a draft of the intrument has been laid before, and approved by a resolution of, each House of Parliament.'.


   

Mrs Eleanor Laing

27

Clause     13,     page     10,     line     33,     after 'year', insert 'excluding United Kingdom public bank holidays'.

   

Mr Jim McGovern

16

Clause     13,     page     11,     line     16,     at end insert—

'(h) make provision to ensure that where bank holidays are not honoured by an employer each bank holiday day is replaced by another day of paid holiday granted in lieu.'.

   

Mrs Eleanor Laing

28

Page     10,     line     30,     leave out Clause 13.


   

Mr Gerry Sutcliffe

21

Schedule     2,     page     23,     line     20,     column 2, after '33 (3)', insert ', 48 (2)'.


NEW CLAUSES

Limitation of right to claim unfair dismissal

   

Norman Lamb

NC1

To move the following Clause:—

    'In the Employment Rights Act 1996 (c. 18) (in this Act referred to as "ERA 1996") after section 74 insert—

    "Limitation of right to claim unfair dismissal   In circumstances where—

(a) an employer employs another person to carry out the duties of a woman taking 52 weeks' maternity leave, and

(b) that person's contract of employment is terminated in order to permit the return to work of the woman taking 52 weeks' maternity leave,

    that person shall not have the right to claim unfair dismissal.".'.


Administration of statutory leave payments

   

Norman Lamb

NC2

To move the following Clause:—

    'The Secretary of State shall make regulations providing that any employer employing fewer than 50 persons may transfer to the Secretary of State responsibility for the administration of payments to that person's employees of—

(a) statutory maternity pay,

(b) adoption pay,

(c) additional statutory paternity pay, and

(d) ordinary paternity pay.'.


Paternity leave entitlement

   

Norman Lamb

NC3

To move the following Clause:—

    '(1)   The ERA 1996 is further amended as follows.

    (2)   In subsection (3) of section 80A (entitlement to paternity leave: birth) there is inserted at the end "and that leave may be taken in one period or in separate weeks at any time in the period during which paternity leave may be taken.".

    (3)   In subsection (4) of section 80A, for "at least 56 days" substitute "26 weeks".

    (4)   In subsection (3) of section 80B (entitlement to paternity leave: adoption) there is inserted at the end "and that leave may be taken in one period or in separate weeks at any time in the period during which paternity adoption leave may be taken.".

    (5)   In subsection (4) of section 80B, for "at least 56 days" substitute "26 weeks".

    (6)   In sub-paragraph (a) of section 80E (chapter 3: supplemental) after "given", there is inserted "(except that such notice shall be no longer than 21 days before the expected date of childbirth)".'.


Maternity notice period

   

Mr Eleanor Laing

NC4

To move the following Clause:—

    'The Maternity and Parental Leave etc. Regulations 1999 shall be amended so that in regulation 4 (entitlement to ordinary maternity leave) after paragraph (1) insert—

    "(1A)   An employee who has notified her employer under paragraph (1) (a) (iii) of the date on which she intends her ordinary maternity leave period to start may subsequently vary that date, provided that she notifies her employer of the variation at least—

(a) 56 days before the date varied, or

(b) 56 days before the new date,

whichever is the earlier, or if that is not reasonably practicable, as soon as is reasonably practicable.".'.


Entitlement to additional maternity leave

   

Mr Eleanor Laing

NC5

To move the following Clause:—

    'The Maternity and Paternal Leave etc. Regulations 1999 are amended as follows—

    (1)   In regulation 4 (entitlement to ordinary maternity leave) in paragraph (1) after "ordinary" insert, "and additional".

    (2)   Omit regulation 5 (entitlement to additional maternity leave).'.


Payment of statutory maternity pay

   

Mr Eleanor Laing

NC6

To move the following Clause:—

    'An employer may opt to hand payment of statutory maternity pay back to her Majesty's Revenue and Customs.'.


Liability to make payments of statutory maternity pay

   

Mr Eleanor Laing

NC7

To move the following Clause:—

    '(1)   The liability to make payments of statutory maternity pay is a liability of the Commissioners for Her Majesty's Revenue and Customs.

    (2)   The Secretary of State may by regulations specify circumstances in which liability for the payment of statutory maternity pay is to be a liability of any person of whom the person entitled to the payments has been an employee as defined by relevant legislation.'.


Contact between employer and employee

   

Mr Eleanor Laing

NC8

To move the following Clause:—

    '(1)   An employer may make reasonable contact with an employee during maternity leave.

    (2)   The Secretary of State shall give guidance to define "reasonable contact" as set out under subsection (1).'.


ORDER OF THE HOUSE [5th DECEMBER 2005]

That the following provisions shall apply to the Work and Families Bill:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 20th December 2005.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

    6.   Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


 
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Prepared 13 Dec 2005