3531

House of Commons

Notices of Amendments

given on

Monday 27th October 2008

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

3179-83, 3305-07 and 3309-10

Consideration of Bill

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Employment Bill [Lords], As Amended

Application of the National Minimum Wage

Gwyn Prosser

John McDonnell

Ms Katy Clark

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.”’.

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

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

NC8

To move the following Clause:—

Notices of Amendments: 27th October 2008

3532

Employment Bill [Lords], continued

‘(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—

“(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).

Notices of Amendments: 27th October 2008

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Employment Bill [Lords], continued

(2)	In subsection (1), in line 4, leave out “an amount exceeding £500” and insert

“£1,000”’.

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

4

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

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

5

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

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

6

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

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

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 the 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.’.

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

9

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

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

Notices of Amendments: 27th October 2008

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Employment Bill [Lords], continued

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

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

such a register.”’.

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Revised 28 October 2008