35

House of Commons

Thursday 16th October 2008

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Employment Bill [Lords]

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Mr Jonathan Djanogly

Mr John Baron

19

Clause  18,  page  17,  line  27,  leave out ‘other exceptional hardship’ and insert ‘any

material financial disadvantage’.

Mr Jonathan Djanogly

Mr John Baron

17

Clause  18,  page  17,  line  41,  at end add—

‘(4)	In section 177 (interpretation and other supplementary provisions) after

subsection (2) there is inserted—

“(2A)

For the purposes of section 174 an individual will only be considered to

be a member of a political party if within the 12 months prior to the date

of an individual’s application for membership of the trade union that

individual was registered with the political party as a member.’.

Mr Jonathan Djanogly

Mr John Baron

18

Clause  18,  page  17,  line  41,  at end add—

‘(4)	In section 177 (interpretation and other supplementary provisions) after

subsection (2) there is inserted—

“(2A)

For the purposes of section 174 a group will be considered to be a

political party only where it has been registered with the Electoral

Commission under the Political Parties, Elections and Referendums Act

2000 (c. 41) or any foreign equivalent, and at the time of the individual’s

application for membership of the trade union the party remains on such

a register.’.

Public Bill Committee: 16th October 2008

36

Employment Bill [Lords], continued

Mr Pat McFadden

20

Clause  21,  page  18,  line  16,  leave out from beginning to second ‘on’ in line 17.

Mr Pat McFadden

21

Clause  21,  page  18,  line  19,  leave out ‘section 18 comes’ and insert ‘sections

(Employment agencies and national minimum wage legislation: information-sharing) and

18 come’

Mr Pat McFadden

2

Clause  22,  page  18,  line  29,  leave out subsection (2).

New clausES

Employment agencies and national minimum wage legislation: information-sharing

Mr Pat McFadden

NC8

To move the following Clause:—

‘(1)	In the National Minimum Wage Act 1998 (c. 39), in section 15 (information

obtained by officers), after subsection (5) there is inserted—

“(5A)

Information to which this section applies—

(a)	may be supplied by, or with the authorisation of, the Secretary of

State to an officer acting for the purposes of the Employment

Agencies Act 1973 for any purpose relating to that Act; and

(b)	may be used by an officer acting for the purposes of that Act for

any purpose relating to that Act.”

(2)	In the Employment Agencies Act 1973 (c. 35), in section 9 (inspection),

subsection (4) is amended as follows—

(a)	after “this section” there is inserted “(or pursuant to section 15(5A) of the

National Minimum Wage Act 1998)”;

(b)	after paragraph (iv) there is inserted “or

(v)	to an officer acting for the purposes of the

National Minimum Wage Act 1998 for any

purpose relating to that Act;”.’

Public Bill Committee: 16th October 2008

37

Employment Bill [Lords], continued

Amendment of the National Minimum Wage Regulations 1999

Sarah Teather

Lorely Burt

John Hemming

NC1

To move the following Clause:—

‘(1)	The National Minimum Wage Regulations 1999 are amended as follows.

(2)	In Regulation 31, sub-paragraph (1)(e) leave out “that is not paid through the

payroll” and insert “whether paid through the payroll or by any other method”.’.

Enforcement of unpaid Employment Tribunal awards

Sarah Teather

Lorely Burt

Lynne Jones

Mr Jonathan Djanogly

John Hemming

NC2

To move the following Clause:—

‘(1)	The Secretary of State shall by order make regulations to enforce the recovery, on

behalf of the claimant, of any Employment Tribunal monetary award not fully

paid by the respondent within forty-two days of the date on which judgment was

sent to the parties, and for the recovery of all associated enforcement costs from

the respondent.

(2)	Regulations made under subsection (1) shall—

(a)	identify organisations responsible for the recovery of awards under

subsection (1),

(b)	provide powers enabling organisations identified under paragraph (a) to

recover awards and associated costs as set out in subsection (1),

(c)	provide for the regulation of organisations operating under this section.

(3)	Regulations under subsection (1) shall be made by statutory instrument.

(4)	No regulations may be made under subsection (1) unless a draft of the instrument

containing the regulations has been laid before and approved by a resolution of,

each House of Parliament.’.

Exchange of information between National Minimum Wage and Employment Agency

Standards Inspectors

Sarah Teather

Lorely Burt

John Hemming

NC3

To move the following Clause:—

Public Bill Committee: 16th October 2008

38

Employment Bill [Lords], continued

‘(1)	After section 9(4)(a)(iv) of the Employment Agencies Act 1973 (c. 35) there is

inserted—

“(v)	to a National Minimum Wage inspector of HM Revenue

and Customs for the purposes of the exercise of their

respective enforcement functions under the National

Minimum Wage Act 1998 (c. 39).”.

(2)	After section 15(4)(b) of the National Minimum Wage Act 1998 (c. 39) there is

inserted—

“(c)	may be supplied by, or with the authorisation of, the Secretary of

State to an inspector of the Employment Agency Standards

Inspectorate for the purposes of the exercise of their respective

enforcement functions under the Employment Agencies Act

1973.”’.

Fair Employment Commission

Sarah Teather

Lorely Burt

John Hemming

NC4

To move the following Clause:—

‘(1)	The Secretary of State shall appoint a body, to be known as “the Fair Employment

Commission”, to discharge the functions conferred or imposed on the Fair

Employment Commission under this section.

(2)	The Secretary of State may refer the matters specified in subsection (3) to the

Commission for their consideration.

(3)	Those matters are—

(a)	the operation of the National Minimum Wage Act 1998;

(b)	the operation of the Employment Agencies Act 1973;

(c)	the operation of the Health and Safety at Work Act 1974;

(d)	the operation of the Gangmasters (Licensing) Act 2004; and

(e)	such matters relating to this Act as the Secretary of State thinks fit.

(4)	In considering the matters specified in subsection (3) the Commission may carry

out such inspections of workplaces as it considers necessary.

(5)	Where matters are referred to the Commission under subsection (3) above, the

Commission shall, after considering those matters, make a report to the Secretary

of State which shall contain the Commission’s recommendations about each of

those matters.’.

Public Bill Committee: 16th October 2008

39

Employment Bill [Lords], continued

Employment tribunals: costs

Mr Jonathan Djanogly

Mr John Baron

NC5

To move the following Clause:—

‘In the Employment Tribunals Act 1996 (c. 17) in section 13 (costs and

expenses), after subsection (2) there is inserted—

“(3)	The losing party in any proceedings before an employment tribunal shall

bear the costs of the winning party.

(4)	Up to 25 per cent. of any claim can be awarded to the defendant as a

penalty on the claimant in the event that the claimant’s action is deemed

vexatious.”.’.

Employment tribunals: commencement

Mr Jonathan Djanogly

Mr John Baron

NC6

To move the following Clause:—

‘In the Employment Tribunals Act 1996 (c. 17) in section 6 (conduct of hearings),

after subsection (2) there is inserted—

“(3)	A person may only appear before an employment tribunal where their

claim to the employment tribunal has been made within 3 months of the

alleged incident which gave rise to the claim.’.

National minimum wage: gratuities

Mr Jonathan Djanogly

Mr John Baron

NC7

To move the following Clause:—

‘In the National Minimum Wage Act 1998 (c. 39), in section (2) (determination

of hourly rate of remuneration), after subsection (5) there is inserted—

“(5A)

The regulations shall make provisions with respect to employees in

service industries, to provide that gratuities paid to them in the course of

their employment shall not be included in the calculation of the national

minimum wage to be paid to them.”.’.

Public Bill Committee: 16th October 2008

40

Employment Bill [Lords], continued

Severance pay: bankers

Michael Jabez Foster

NC9

To move the following Clause:—

‘That in the event that the Secretary of State certifies that an employer has

received substantial financial support from the public purse any contract of

employment between that employer and an employee which provides for a

severance payment in excess of £100,000 shall be effective up to and not beyond

a total value of £100,000 save where a court of law awards a greater sum.’.

Mr Pat McFadden

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

Order of the House [14th July 2008]

That the following provisions shall apply to the Employment Bill [Lords]:

Committal

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

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 23rd October 2008.

3.	The Public Bill 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 any

messages from the Lords) may be programmed.

Order of the Committee [14th OCTOBER 2008]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

14th October) meet—

Public Bill Committee: 16th October 2008

41

Employment Bill [Lords], continued

(a)	at 4.30 p.m. on Tuesday 14th October;

(b)	at 9.25 a.m. and 1.00 p.m. on Thursday 16th October;

(c)	at 10.30 a.m. and 4.30 p.m. on Tuesday 21st October;

(d)	at 9.25 a.m. and 1.00 p.m. on Thursday 23rd October;

(2)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 4.00 p.m. on Thursday 23rd October.

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Revised 16 October 2008