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35

 

House of Commons

 
 

Thursday 16th October 2008

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Employment Bill [Lords]


 

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

 

Parliamentary Star - white    

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