House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

3305

House of Commons

Notices of Amendments

given on

Wednesday 22nd October 2008

For other Amendment(s) see the following page(s) of Supplement to Votes:

3179-83

Consideration of Bill

Employment Bill [Lords], As Amended

Time off for Workplace environmental representatives

John McDonnell

NC4

To move the following Clause:—

‘(1)
The Employment Act 2002 (c.22) is amended as follows—

(2)
After section 43 there is inserted—

“43A
Workplace Environmental Reps

(1)
An employer shall permit an employee of his who is—

(a)
a member of an independent trade union recognised by the

employer, and

(b)
a workplace environmental representative of the trade union, to

take reasonable time off during his working hours for any of the

following purposes.

(2)
The purposes are—

(a)
carrying out any of the following activities—

(i)
promoting environmentally sustainable workplace

initiatives and practices,

(ii)
carrying out environmental audits,

(iii)
being consulted on workplace environmental policies,

practices and management systems,

(iv)
carrying out environmental risk assessments,

(b)
consulting the employer about carrying out any such activities,

(c)
preparing for any of the things mentioned in paragraphs (a) and

(b).

(3)
Subsection (1) only applies if—

Notices of Amendments: 22nd October 2008
3306

Employment Bill-[ [], continued

(a)
the trade union has given the employer notice in writing that the

employee is a workplace environmental representative of the

trade union, and

(b)
the training condition is met in relation to him.

(4)
The training condition is met if—

(a)
the employee has unergone sufficient training to enable him to

carry on the activities mentioned in subsection (2), and the trade

union has given the employer notice in writing of that fact,

(b)
the trade union has in the last six months given the employer

notice in writing that the employee will be undergoing such

training, or

(c)
within six months of the trade union giving the employer notice

in writing that the employee will be undergoing such training,

the employee has done so, and the trade union has given the

employer notice of that fact.

(5)
Only one notice under subsection (4)(b) may be given in respect of any

one employee.

(6)
References in subsection (4) to sufficient training to carry out the

activities mentioned in subsection (2) are to training that is sufficient for

those purposes having regard to any relevant provision of a Code of

Practice issued by ACAS or the Secretary of State.

(7)
If an employer is required to permit an employee to take time off under

subsection (1), he shall also permit the employee to take time off during

his working hours for the following purposes—

(a)
undergoing training which is relevant to his functions as a

workplace environmental representative, and

(b)
where the trade union has in the last six months given the

employer notice under subsection (4)(b) in relation to the

employee, undergoing such training as is mentioned in

subsection (4)(a).

(8)
The amount of time off which an employee is to be permitted to take

under this section and the purposes for which, the occasions on which and

any conditions subject to which time off may be so taken are those that

are reasonable in all the circumstances having regard to any relevant

provision of a Code of Practice issued by ACAS or the Secretary of State.

(9)
An employee may present a complaint to an employment tribunal that his

employer has failed to permit him to take time off as required by this

section.

(10)
References in subsection (2) to environmental audits and environmental

risk assessments are to environmental autdits and environmental risk

assessments that are sufficient for those purposes having regard to any

relevant provision of a Code of Practice issued by ACAS or the Secretary

of State.

(11)
In subsection (2)(a), the reference to qualifying members of the trade

union is to members of the trade union—

(a)
who are employees of the employer of a description in respect of

which the union is recognised by the employer, and

(b)
in relation to whom it is the function of the workplace

environmental representative to act as such.

Notices of Amendments: 22nd October 2008
3307

Employment Bill-[ [], continued

(12)
For the purposes of this section, a person is a workplace environmental

representative of a trade union if he is appointed or elected as such in

accordance with its rules.’”’.

Removal of power to exclude or modify national minimum wage for certain classes of

person

John McDonnell

NC5

To move the following Clause:—

‘In the National Minimum Wage Act 1998 (c. 39), sections 3 and 4 are repealed.’.

John McDonnell

1

Page  20,  line  10  [Schedule],

‘Part 4A


REPEALS RELATING TO SECTION (Removal of power to exclude or

modify national minimum wage for certain classes of person)

Short title and chapter
Extent of Repeal

National Minimum Wage Act 1998
Sections 3 and 4.’.