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| | “(3) | A person may only appear before an employment tribunal where their |
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| | claim to the employment tribunal has been made within 3 months of the |
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| | alleged incident which gave the rise to the claim.”’. |
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| | Employment Tribunals Rules, Rule 20 |
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| To move the following Clause:— |
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| | ‘(1) | In the Employment Tribunals Rules, Rule 20, as set out in Schedule 1 of the |
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| | Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 |
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| | is amended as specified in subsection (2). |
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| | (2) | In subsection (1) leave out “an amount not exceeding £500” and insert “£1,000”’. |
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| | Resolution of public interest disclosure cases |
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| To move the following Clause:— |
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| | | ‘Resolution of public interest disclosure cases |
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| | (1) | Where proceedings concern a claim for unfair dismissal made under |
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| | section 43B of the Employment Rights Act 1996 (as inserted by the |
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| | Public Interest Disclosure Act 1998 (c.23), the President shall, after |
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| | disposal of the claim, send a copy of any relevant papers to the Secretary |
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| | (2) | For the purposes of subsection (1), “relevant papers” shall include— |
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| | (a) | a copy of the claim form; |
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| | (b) | a copy of any response to the claim form; |
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| | (c) | a copy of any judgement or order; |
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| | (d) | any other document relating to the claim which the President |
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| | considers should be included; and |
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| | (e) | any other document which the Secretary of State may notify the |
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| | President that he requires for the purpose of his functions under |
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| | (3) | The Secretary of State shall review the relevant papers as soon as is |
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| | (4) | Upon review of the relevant papers, where the Secretary of State |
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| | considers they relate to a matter which it would be reasonable for a |
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| | person prescribed under section 43F of the Employment Rights Act 1996 |
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| | to investigate the Secretary of State shall communicate the papers to that |
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| | (5) | The Secretary of State shall report to Parliament annually on the |
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| | operation of this section. |
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| | (6) | In this section, “president” has the same meaning as in section 7A(3) of |
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| | the Employment Tribunals Act 1996 (cl.17).’. |
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| | Open justice - civil procedure rules |
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| To move the following Clause:— |
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| | | ‘Proceedings in public interest disclosure cases |
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| | In the Employment Tribunals Act 1996 (c.17), after section 8 (procedure) |
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| | “8A | Publication of information |
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| | (1) Where proceedings include a claim under the Public Interest |
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| | Disclosure Act 1998 (cl.23), the president shall, within 28 days from |
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| | receipt of the claim, publish electronically and without charge the |
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| | names of the parties and the relevant regional office. |
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| | (2) | A person who is not a party to those proceedings may obtain from the |
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| | tribunal a copy of such documents from the proceedings as he may |
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| | obtain under the Civil Procedure Rules where proceedings are |
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| | (3) | In this section, “President” has the same meaning as in section |
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| | Employment Tribunal monetary awards: enforcement of recovery |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall by order make regulations to enforce the recovery, on |
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| | behalf of the claimant, of any Employment Tribunal monetary award not fully |
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| | paid by the respondent within forty-two days of the date on which judgement was |
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| | sent to the parties, and for the recovery of all associated enforcement costs from |
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| | (2) | Regulations made under subsection (1) shall— |
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| | (a) | identify organisations responsible for the recovery of awards under |
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| | (b) | provide powers enabling organisations identified under paragraph (a) to |
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| | recover awards and associated costs as set out in subsection (1), |
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| | (c) | provide for the regulation of organisations operating under this section. |
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| | (3) | Regulations under subsection (1) shall be made by statutory instrument. |
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| | (4) | No regulations may be made under subsection (1) unless a draft of the instrument |
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| | containing the regulations has been laid before, and approved by a resolution of, |
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| | each House of Parliament.’. |
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| To move the following Clause:— |
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| | ‘That in the event that the Secretary of State certifies that an employer has |
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| | received substantial financial support from the public purse any contract of |
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| | employment between that employer and an employee which provides for a |
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| | severance payment in excess of £100,000 shall be effective up to and not beyond |
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| | a total value of £100,000 save where a court of law awards a greater sum.’. |
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| To move the following Clause:— |
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| | ‘In determining whether the dismissal of an employee is fair or unfair, it is for the |
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| | employer to show that there was no real alternative to dismissal, the employee |
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| | shall have the right to show that there was a real alternative to dismissal, and the |
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| | tribunal shall have discretion to decide whether the dismissal should be upheld or |
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| | overturned, and if overturned, whether the employee should be reinstated.’. |
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| To move the following Clause:— |
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| | ‘With effect from 1st January 2009, every new contract of employment shall |
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| | incorporate the ACAS Code of Guidance in effect at the time, and all existing |
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| | contracts of employment shall be deemed to incorporate the ACAS Code of |
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| | Guidance in effect at the material time.’. |
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| Page 1, line 1, leave out Clause 1. |
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| Page 1, line 6, leave out Clause 2. |
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| Page 2, line 15 [Clause 3], leave out ‘25%’ and insert ‘10%’. |
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| Page 2, line 15 [Clause 3], leave out ‘25%’ and insert ‘50%’. |
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| Page 2, line 25 [Clause 3], leave out ‘25%’ and insert ‘10%’. |
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| Page 2, line 25 [Clause 3], leave out ‘25%’ and insert ‘50%’. |
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| Page 4, line 16 [Clause 4], leave out from ‘where’ to end of line 22 and insert ‘all |
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| the parties to the proceedings consent in writing to the determination without a hearing.’. |
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| Page 4, line 29 [Clause 5], leave out subsection (2). |
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| Page 5, line 1, leave out Clause 6. |
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| Page 13, line 28 [Clause 10], after ‘includes’, insert ‘, subject to subsection (3B),’. |
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| Page 13, line 32 [Clause 10], at end add— |
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| | ‘(3B) | The power to remove records in subsection (3A) must only be exercised after the |
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| | officer has taken reasonable steps to copy those records at the place where they |
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| | are produced to him, including but not limited to, making use of any available |
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| | copying facilities at such a place.’. |
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| Page 13, line 39 [Clause 11], leave out subsection (1). |
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| Page 17, line 7, leave out Clause 19. |
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| Page 18, line 15 [Clause 19], at end add— |
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| | ‘(4) | In section 177 (interpretation and other supplementary provision), after |
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| | subsection (2) there is inserted— |
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| | “(2A) | For the purposes of section 174 an individual will only be considered to |
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| | be a member of a political party if for the 12 months prior to the date of |
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| | an individual’s application for membership of the trade union or at any |
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| | point thereafter that individual is registered with the political party as a |
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| Page 18, line 15 [Clause 19], at end add— |
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| | ‘(4) | In section 177 (interpretation and other supplementary provision), after |
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| | subsection (2) there is inserted— |
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| | “(2A) | For the purposes of section 174 a group will be considered to be a |
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| | political party only where it has been registered with the Electoral |
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| | Commission under the Political Parties, Elections and Referendums Act |
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| | 2000 (c. 41) or any foreign equivalent, and the party at the time of the |
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| | individual’s application for membership of the trade union remains on |
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| Page 21, line 10 [Schedule], at end insert— |
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| | | REPEALS RELATING TO SECTION (Removal of power to exclude or |
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| | modify national minimum wage for certain classes of person) |
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| | | | | | National Minimum Wage Act 1998 |
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| Page 21, line 21 [Schedule], at end add— |
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| | | REPEALS RELATING TO SECTION (Right not to be excluded or expelled |
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| | | | | | Trade Union and Labour Relations |
| | | | | (Consolidation) Act 1992 (c. 52) |
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| | Order of the House [14th July 2008] |
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| | That the following provisions shall apply to the Employment Bill [Lords]: |
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| | 1. | The Bill shall be committed to a Public Bill Committee. |
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