Consideration of Bill: 4th November 2008

3591

Employment Bill–[ [], continued

“(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 the rise to the claim.”’.

Employment Tribunals Rules, Rule 20

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

NC11

To move the following Clause:—

‘(1)	In the Employment Tribunals Rules, Rule 20, as set out in Schedule 1 of the

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004

is amended as specified in subsection (2).

(2)	In subsection (1) leave out “an amount not exceeding £500” and insert “£1,000”’.

Resolution of public interest disclosure cases

Mr Ian McCartney

Mr Richard Shepherd

Mr Iain Duncan Smith

Lorely Burt

David Howarth

John Thurso

Total signatories: 10

Malcolm Bruce

Dr Tony Wright

Mr Don Touhig

Dr Brian Iddon

NC12

To move the following Clause:—

‘Resolution of public interest disclosure cases

(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 (c.23), the President shall, after

disposal of the claim, send a copy of any relevant papers to the Secretary

of State.

(2)	For the purposes 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

Consideration of Bill: 4th November 2008

3592

Employment Bill–[ [], continued

(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).’.

Open justice - civil procedure rules

Mr Ian McCartney

Mr Richard Shepherd

Mr Iain Duncan Smith

Malcolm Bruce

Dr Tony Wright

Mr Don Touhig

Total signatories: 7

Dr Brian Iddon

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.

Consideration of Bill: 4th November 2008

3593

Employment Bill–[ [], continued

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

7A(3).”’.

Employment Tribunal monetary awards: enforcement of recovery

Mr Ian McCartney

Lorely Burt

John Thurso

Mr Don Touhig

Dr Brian Iddon

NC14

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 judgement 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.’.

Severance pay: bankers

Michael Jabez Foster

NC15

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.’.

Consideration of Bill: 4th November 2008

3594

Employment Bill–[ [], continued

Procedural fairness

Simon Hughes

NC16

To move the following Clause:—

‘In determining whether the dismissal of an employee is fair or unfair, it is for the

employer to show that there was no real alternative to dismissal, the employee

shall have the right to show that there was a real alternative to dismissal, and the

tribunal shall have discretion to decide whether the dismissal should be upheld or

overturned, and if overturned, whether the employee should be reinstated.’.

ACAS code of guidance

Simon Hughes

NC17

To move the following Clause:—

‘With effect from 1st January 2009, every new contract of employment shall

incorporate the ACAS Code of Guidance in effect at the time, and all existing

contracts of employment shall be deemed to incorporate the ACAS Code of

Guidance in effect at the material time.’.

Simon Hughes

12

Page  1,  line  1,  leave out Clause 1.

Simon Hughes

13

Page  1,  line  6,  leave out Clause 2.

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

4

Page  2,  line  15  [Clause  3],  leave out ‘25%’ and insert ‘10%’.

Simon Hughes

14

Page  2,  line  15  [Clause  3],  leave out ‘25%’ and insert ‘50%’.

Consideration of Bill: 4th November 2008

3595

Employment Bill–[ [], continued

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

5

Page  2,  line  25  [Clause  3],  leave out ‘25%’ and insert ‘10%’.

Simon Hughes

15

Page  2,  line  25  [Clause  3],  leave out ‘25%’ and insert ‘50%’.

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

6

Page  4,  line  16  [Clause  4],  leave out from ‘where’ to end of line 22 and insert ‘all

the parties to the proceedings consent in writing to the determination without a hearing.’.

Simon Hughes

16

Page  4,  line  29  [Clause  5],  leave out subsection (2).

Simon Hughes

17

Page  5,  line  1,  leave out Clause 6.

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

7

Page  13,  line  28  [Clause  10],  after ‘includes’, insert ‘, subject to subsection (3B),’.

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

8

Page  13,  line  32  [Clause  10],  at end add—

‘(3B)

The power to remove records in subsection (3A) must only be exercised after the

officer has taken reasonable steps to copy those records at the place where they

are produced to him, including but not limited to, making use of any available

copying facilities at such a place.’.

Consideration of Bill: 4th November 2008

3596

Employment Bill–[ [], continued

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

9

Page  13,  line  39  [Clause  11],  leave out subsection (1).

Tony Lloyd

Mr Frank Doran

Jon Cruddas

Mr Bill Olner

Judy Mallaber

John Mann

Total signatories: 8

John Cummings

Chris McCafferty

3

Page  17,  line  7,  leave out Clause 19.

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

10

Page  18,  line  15  [Clause  19],  at end add—

‘(4)	In section 177 (interpretation and other supplementary provision), 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 for the 12 months prior to the date of

an individual’s application for membership of the trade union or at any

point thereafter that individual is registered with the political party as a

member.”’.

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

11

Page  18,  line  15  [Clause  19],  at end add—

‘(4)	In section 177 (interpretation and other supplementary provision), 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 the party at the time of the

Consideration of Bill: 4th November 2008

3597

Employment Bill–[ [], continued

individual’s application for membership of the trade union remains on

such a register.”’.

John McDonnell

1

Page  21,  line  10  [Schedule],  at end insert—

‘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.’.

Tony Lloyd

Mr Frank Doran

Jon Cruddas

Mr Bill Olner

Judy Mallaber

John Mann

Total signatories: 13

John McDonnell

Mr Robert Flello

Ian Stewart

John Cummings

Chris McCafferty

Mr David Anderson

Paddy Tipping

2

Page  21,  line  21  [Schedule],  at end add—

‘Part 6

REPEALS RELATING TO SECTION (Right not to be excluded or expelled

from union: repeal)

	Short Title and chapter	Extent of repeal
	Trade Union and Labour Relations	Sections 174 to 177.’.
	(Consolidation) Act 1992 (c. 52)

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.

---

Revised 4 November 2008