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5

 

House of Commons

 
 

Thursday 16th October 2008

 

Public Bill Committee Proceedings

 

Employment Bill [Lords]


 

[Third and Fourth Sittings]


 

Mr Jonathan Djanogly

 

Mr John Baron

 

Negatived on division  19

 

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

 

material financial disadvantage’.

 

Mr Jonathan Djanogly

 

Mr John Baron

 

Withdrawn  17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

 

Not called  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.’.

 

Clause Agreed to.


 
 

Public Bill Committee Proceedings: 16th October 2008      

6

 

Employment Bill-[ [], continued

 
 

Clauses 19 and 20 Agreed to.

 


 

Mr Pat McFadden

 

Agreed to  20

 

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

 

Mr Pat McFadden

 

Agreed to  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’

 

Clause, as amended, Agreed to.

 


 

Mr Pat McFadden

 

Agreed to  2

 

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

 

Clause, as amended, Agreed to.

 

Schedule Agreed to.

 


 

New clausES

 

Employment agencies and national minimum wage legislation: information-sharing

 

Mr Pat McFadden

 

Added  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


 
 

Public Bill Committee Proceedings: 16th October 2008      

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Employment Bill-[ [], continued

 
 

(v)    

to an officer acting for the purposes of the

 

National Minimum Wage Act 1998 for any

 

purpose relating to that Act;”.’

 


 

Amendment of the National Minimum Wage Regulations 1999

 

Sarah Teather

 

Lorely Burt

 

John Hemming

 

Withdrawn  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

 

Withdrawn  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.’.

 



 
 

Public Bill Committee Proceedings: 16th October 2008      

8

 

Employment Bill-[ [], continued

 
 

Exchange of information between National Minimum Wage and Employment Agency

 

Standards Inspectors

 

Sarah Teather

 

Lorely Burt

 

John Hemming

 

Not called  NC3

 

To move the following Clause:—

 

‘(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

 

Withdrawn  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


 
 

Public Bill Committee Proceedings: 16th October 2008      

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Employment Bill-[ [], continued

 
 

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

 

those matters.’.

 


 

Employment tribunals: costs

 

Mr Jonathan Djanogly

 

Mr John Baron

 

Withdrawn  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

 

Withdrawn  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

 

Not called  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—


 
 

Public Bill Committee Proceedings: 16th October 2008      

10

 

Employment Bill-[ [], continued

 
 

“(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.”.’.

 


 

Severance pay: bankers

 

Michael Jabez Foster

 

Not selected  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

 

Not moved

 

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

 

proceedings of the Committee.

 

Bill, as amended, reported.

 


 
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