Notices of Amendments: 31st October 2008

3570

Employment Bill [Lords], continued

any conditions subject to which time off may be so taken are those that

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to whom section 3 applies) are repealed.’.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: 10

Notices of Amendments: 31st October 2008

3571

Employment Bill [Lords], continued

John McDonnell

Mr Robert Flello

Ian Stewart

Chris McCafferty

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union) are repealed.’.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.”’.

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

Mr Alan Duncan

Mr Jonathan Djanogly

Mr John Baron

NC8

To move the following Clause:—

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3572

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.”’.

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3573

Employment Bill [Lords], continued

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

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

(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.

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3574

Employment Bill [Lords], continued

(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

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).”’.

Employment Tribunal monetary awards: enforcement of recovery

Mr Ian McCartney

Lorely Burt

John Thurso

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),

Notices of Amendments: 31st October 2008

3575

Employment Bill [Lords], continued

(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.’.

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.’.

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3576

Employment Bill [Lords], continued

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%’.

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).

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Revised 3 November 2008