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3539

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Tuesday 28th October 2008

 

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

 

3179-83, 3305-07, 3309-10 and 3531-34

 

Consideration of Bill


 

Employment Bill [Lords], As Amended

 

Resolution of public interest disclosure cases

 

Mr Ian McCartney

 

NC12

 

To move the following Clause:—

 

‘(1)    

Where proceedings concern a claim for unfair dismissal made under section 43B

 

of the Employment Rights Act 1996 (as inserted by the Public Interest Disclosure

 

Act 1998 (cl.23), the President shall, after disposal of the claim, send a copy of

 

any relevant papers to the Secretary of State.

 

(2)    

For the puposes of subsection (1), “relevant papers” shall include—

 

(a)    

a copy of the claim form;

 

(b)    

a copy of any response to the claim form;

 

(c)    

a copy of any judgement or order;

 

(d)    

any other document relating to the claim which the President considers

 

should be included; and

 

(e)    

any other document which the Secretary of State may notify the President

 

that he requires for the purpose of his functions under this section.

 

(3)    

The Secretary of State shall review the relevant papers as soon as is reasonably

 

practicable.

 

(4)    

Upon review of the relevant papers, where the Secretary of State considers they

 

relate to a matter which it would be reasonable for a person prescribed under

 

section 43F of the Employment Rights Act 1996 to investigate the Secretary of

 

State shall communicate the papers to that person.

 

(5)    

The Secretary of State shall report to Parliament annually on the operation of this

 

section.

 

(6)    

In this section, “president” has the same meaning as in section 7A(3) of the

 

Employment Tribunals Act 1996 (cl.17).’.


 
 

Notices of Amendments: 28th October 2008                

3540

 

Employment Bill-[ [], continued

 
 

Open justice - civil procedure rules

 

Mr Ian McCartney

 

NC13

 

To move the following Clause:—

 

         

‘Proceedings in public interest disclosure cases

 

In the Employment Tribunals Act 1996 (c.17), after section 8 (procedure)

 

there is inserted—

 

“8A

Publication of information

 

(1) Where proceedings include a claim under the Public Interest

 

Disclosure Act 1998 (cl.23), the president shall, within 28 days from

 

receipt of the claim, publish electronically and without charge the

 

names of the parties and the relevant regional office.

 

(2)                    

A person who is not a party to those proceedings may obtain from the

 

tribunal a copy of such documents from the proceedings as he may

 

obtain under the Civil Procedure Rules where proceedings are

 

brought in a court.

 

(3)                    

In this section, “President” has the same meaning as in section

 

7A(3).”’.

 


 
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