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| Thursday 16th October 2008 |
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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Clause 18, page 17, line 27, leave out ‘other exceptional hardship’ and insert ‘any |
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| material financial disadvantage’. |
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| Clause 18, page 17, line 41, at end add— |
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| | ‘(4) | In section 177 (interpretation and other supplementary provisions) after |
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| | subsection (2) there is inserted— |
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| | “(2A) | For the purposes of section 174 an individual will only be considered to |
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| | be a member of a political party if within the 12 months prior to the date |
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| | of an individual’s application for membership of the trade union that |
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| | individual was registered with the political party as a member.’. |
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| Clause 18, page 17, line 41, at end add— |
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| | ‘(4) | In section 177 (interpretation and other supplementary provisions) after |
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| | subsection (2) there is inserted— |
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| | “(2A) | For the purposes of section 174 a group will be considered to be a |
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| | political party only where it has been registered with the Electoral |
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| | Commission under the Political Parties, Elections and Referendums Act |
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| | 2000 (c. 41) or any foreign equivalent, and at the time of the individual’s |
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| | application for membership of the trade union the party remains on such |
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| Clause 21, page 18, line 16, leave out from beginning to second ‘on’ in line 17. |
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| Clause 21, page 18, line 19, leave out ‘section 18 comes’ and insert ‘sections |
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| (Employment agencies and national minimum wage legislation: information-sharing) and |
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| Clause 22, page 18, line 29, leave out subsection (2). |
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| | Employment agencies and national minimum wage legislation: information-sharing |
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| To move the following Clause:— |
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| | ‘(1) | In the National Minimum Wage Act 1998 (c. 39), in section 15 (information |
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| | obtained by officers), after subsection (5) there is inserted— |
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| | “(5A) | Information to which this section applies— |
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| | (a) | may be supplied by, or with the authorisation of, the Secretary of |
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| | State to an officer acting for the purposes of the Employment |
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| | Agencies Act 1973 for any purpose relating to that Act; and |
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| | (b) | may be used by an officer acting for the purposes of that Act for |
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| | any purpose relating to that Act.” |
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| | (2) | In the Employment Agencies Act 1973 (c. 35), in section 9 (inspection), |
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| | subsection (4) is amended as follows— |
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| | (a) | after “this section” there is inserted “(or pursuant to section 15(5A) of the |
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| | National Minimum Wage Act 1998)”; |
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| | (b) | after paragraph (iv) there is inserted “or |
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| | (v) | to an officer acting for the purposes of the |
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| | National Minimum Wage Act 1998 for any |
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| | purpose relating to that Act;”.’ |
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| | Amendment of the National Minimum Wage Regulations 1999 |
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| To move the following Clause:— |
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| | ‘(1) | The National Minimum Wage Regulations 1999 are amended as follows. |
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| | (2) | In Regulation 31, sub-paragraph (1)(e) leave out “that is not paid through the |
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| | payroll” and insert “whether paid through the payroll or by any other method”.’. |
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| | Enforcement of unpaid Employment Tribunal awards |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall by order make regulations to enforce the recovery, on |
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| | behalf of the claimant, of any Employment Tribunal monetary award not fully |
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| | paid by the respondent within forty-two days of the date on which judgment was |
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| | sent to the parties, and for the recovery of all associated enforcement costs from |
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| | (2) | Regulations made under subsection (1) shall— |
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| | (a) | identify organisations responsible for the recovery of awards under |
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| | (b) | provide powers enabling organisations identified under paragraph (a) to |
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| | recover awards and associated costs as set out in subsection (1), |
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| | (c) | provide for the regulation of organisations operating under this section. |
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| | (3) | Regulations under subsection (1) shall be made by statutory instrument. |
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| | (4) | No regulations may be made under subsection (1) unless a draft of the instrument |
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| | containing the regulations has been laid before and approved by a resolution of, |
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| | each House of Parliament.’. |
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| | Exchange of information between National Minimum Wage and Employment Agency |
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| To move the following Clause:— |
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| | ‘(1) | After section 9(4)(a)(iv) of the Employment Agencies Act 1973 (c. 35) there is |
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| | “(v) | to a National Minimum Wage inspector of HM Revenue |
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| | and Customs for the purposes of the exercise of their |
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| | respective enforcement functions under the National |
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| | Minimum Wage Act 1998 (c. 39).”. |
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| | (2) | After section 15(4)(b) of the National Minimum Wage Act 1998 (c. 39) there is |
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| | “(c) | may be supplied by, or with the authorisation of, the Secretary of |
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| | State to an inspector of the Employment Agency Standards |
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| | Inspectorate for the purposes of the exercise of their respective |
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| | enforcement functions under the Employment Agencies Act |
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| | Fair Employment Commission |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall appoint a body, to be known as “the Fair Employment |
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| | Commission”, to discharge the functions conferred or imposed on the Fair |
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| | Employment Commission under this section. |
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| | (2) | The Secretary of State may refer the matters specified in subsection (3) to the |
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| | Commission for their consideration. |
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| | (a) | the operation of the National Minimum Wage Act 1998; |
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| | (b) | the operation of the Employment Agencies Act 1973; |
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| | (c) | the operation of the Health and Safety at Work Act 1974; |
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| | (d) | the operation of the Gangmasters (Licensing) Act 2004; and |
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| | (e) | such matters relating to this Act as the Secretary of State thinks fit. |
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| | (4) | In considering the matters specified in subsection (3) the Commission may carry |
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| | out such inspections of workplaces as it considers necessary. |
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| | (5) | Where matters are referred to the Commission under subsection (3) above, the |
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| | Commission shall, after considering those matters, make a report to the Secretary |
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| | of State which shall contain the Commission’s recommendations about each of |
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| | Employment tribunals: costs |
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| To move the following Clause:— |
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| | ‘In the Employment Tribunals Act 1996 (c. 17) in section 13 (costs and |
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| | expenses), after subsection (2) there is inserted— |
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| | “(3) | The losing party in any proceedings before an employment tribunal shall |
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| | bear the costs of the winning party. |
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| | (4) | Up to 25 per cent. of any claim can be awarded to the defendant as a |
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| | penalty on the claimant in the event that the claimant’s action is deemed |
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| | Employment tribunals: commencement |
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| To move the following Clause:— |
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| | ‘In the Employment Tribunals Act 1996 (c. 17) in section 6 (conduct of hearings), |
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| | after subsection (2) there is inserted— |
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| | “(3) | A person may only appear before an employment tribunal where their |
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| | claim to the employment tribunal has been made within 3 months of the |
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| | alleged incident which gave rise to the claim.’. |
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| | National minimum wage: gratuities |
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| To move the following Clause:— |
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| | ‘In the National Minimum Wage Act 1998 (c. 39), in section (2) (determination |
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| | of hourly rate of remuneration), after subsection (5) there is inserted— |
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| | “(5A) | The regulations shall make provisions with respect to employees in |
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| | service industries, to provide that gratuities paid to them in the course of |
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| | their employment shall not be included in the calculation of the national |
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| | minimum wage to be paid to them.”.’. |
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| To move the following Clause:— |
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| | ‘That in the event that the Secretary of State certifies that an employer has |
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| | received substantial financial support from the public purse any contract of |
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| | employment between that employer and an employee which provides for a |
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| | severance payment in excess of £100,000 shall be effective up to and not beyond |
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| | a total value of £100,000 save where a court of law awards a greater sum.’. |
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| | That certain written evidence already reported to the House be appended to the |
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| | proceedings of the Committee. |
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| | Order of the House [14th July 2008] |
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| | That the following provisions shall apply to the Employment Bill [Lords]: |
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| | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | Proceedings in Public Bill Committee |
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| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | concluded) be brought to a conclusion on Thursday 23rd October 2008. |
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| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | Consideration and Third Reading |
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| | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
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| | brought to a conclusion one hour before the moment of interruption on the |
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| | day on which those proceedings are commenced. |
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| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | brought to a conclusion at the moment of interruption on that day. |
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| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | proceedings on consideration and Third Reading. |
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| | 7. | Any other proceedings on the Bill (including any proceedings on any |
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| | messages from the Lords) may be programmed. |
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| | Order of the Committee [14th OCTOBER 2008] |
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| | (1) | the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday |
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