Consideration of Bill: 4th November 2008

3586

Employment Bill–[ [], continued

“Restriction on hirers in industrial disputes

7A  (1)

A person shall not hire a work-seeker to perform—

(a)	the duties normally performed by a worker who is taking part,

or intends to or is about to take part, in a lawful strike or other

lawful industrial action, and in respect of whom notice of a

strike or other industrial action has been given by a trade

union (“the first worker”), or

(b)	the duties normally performed by any other worker employed

by the hirer and who is assigned by the hirer to perform duties

normally performed by the first worker (whether or not the

employer is contractually entitled to require the other worker

to perform those duties).

(2)	Where a person seeks to become the hirer of a work-seeker wholly or

partly by reason of (or of the prospect of) a strike or other industrial

action, that person shall, before being supplied with a work-seeker by

an employment business, inform the employment business of that fact.

(3)	Paragraphs (1) and (2) shall not apply if, in relation to the first worker,

the strike action or other industrial action in question is an unofficial

strike or other unofficial industrial action for the purposes of section

237 of the Trade Union and Labour Relations (Consolidation) Act

1992.

(4)	In this regulation and in regulation 7, “employment business” includes

an agency.”.’.

Time off for Workplace environmental representatives

John McDonnell

Alan Simpson

Mr David Drew

Kelvin Hopkins

Mrs Ann Cryer

Harry Cohen

Total signatories: 7

Mr Andrew Dismore

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 Representatives

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

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

employer, and

Consideration of Bill: 4th November 2008

3587

Employment Bill–[ [], continued

(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—

(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

Consideration of Bill: 4th November 2008

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Employment Bill–[ [], continued

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.

(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 (exclusion of, and

modifications for, certain classses of person) and 4 (power to add to the persons

to whom section 3 applies) are repealed.’.

Right not to be excluded or expelled from union: repeal

Tony Lloyd

Mr Frank Doran

Jon Cruddas

Mr Bill Olner

Judy Mallaber

John Mann

Total signatories: 16

John McDonnell

Mr Robert Flello

Ian Stewart

Chris McCafferty

Mr Michael Clapham

Mr David Anderson

Consideration of Bill: 4th November 2008

3589

Employment Bill–[ [], continued

Paddy Tipping

Mike Gapes

Meg Munn

Nigel Griffiths

NC6

To move the following Clause:—

‘In the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

sections 174 to 177 (which make provision about the right to membership of trade

union) are repealed.’.

Application of the National Minimum Wage

Gwyn Prosser

John McDonnell

Ms Katy Clark

Mr Dai Havard

Geraldine Smith

Michael Connarty

Total signatories: 12

David Taylor

Mark Durkan

Mr Andrew Dismore

Kelvin Hopkins

Lynne Jones

Mr Joe Benton

NC7

To move the following Clause:—

‘In the National Minimum Wage Act 1998 (c. 39) for section 40 (Mariners) there

is substituted—

“40

Mariners

For the purposes of this Act, an individual employed to work on board a

ship which either—

(a)	is registered in the United Kingdom under Part II of the Merchant

Shipping Act 1995 (c. 21) and that individual is ordinarily

resident in the United Kingdom; or

(b)	is trading solely between United Kingdom ports, anchorages,

roadsteads or offshore installations;

shall be treated as an individual who under his contract ordinarily works

in the United Kingdom unless that employment is wholly outside the

United Kingdom. Related expressions shall be construed accordingly.”’.

Consideration of Bill: 4th November 2008

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Employment Bill–[ [], continued

Employment Tribunals Act 1996 (c. 17), section 13

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

NC8

To move the following Clause:—

‘(1)	In the Employment Tribunals Act 1996 (c. 17), section 13 (which makes

provision for the costs and expenses of employment tribunals) is amended as

specified in subsection (2).

(2)	After subsection (2) there is inserted—

“(3)	The losing or withdrawing party in any claim made to an employment

tribunal shall bear the costs of the other party in the event that the claim

of the losing or withdrawing party is deemed to be vexatious.”’.

National Minimum Wage Act 1998 (c. 39), section 2

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

NC9

To move the following Clause:—

‘(1)	In the National Minimum Wage Act 1998 (c. 39), section 2 (which makes

provision for how the hourly rate of remuneration is determined) is amended as

specified in subsection (2).

(2)	After subsection 5(d) there is inserted—

“(e)	in relation to an employee in a service industry, gratuities paid to

them in the course of their employment will not be included in

the calculation of the national minimum wage to be paid to

them.”’.

Employment Tribunals Act 1996 (c. 17), section 6

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

NC10

To move the following Clause:—

‘(1)	In the Employment Tribunals Act 1996 (c. 17), section 6 (which makes provision

for the conduct of hearings) is amended as specified in subsection (2).

(2)	After subsection (2) there is inserted—

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Revised 4 November 2008