|
| |
| | |
| | |
| |
| | | (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 |
|
| | | |
| | |
| | | |
| | 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| | | to whom section 3 applies) are repealed.’.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 |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | |
| | |
| | | |
| | |
| | |
| | | |
| | |
| | | |
| | 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 |
|
| | | |
| | |
|
| |
| | |
| | |
| |
| | | Application of the National Minimum Wage |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | |
| | |
| | | |
| | | |
| | To move the following Clause:— |
|
| | | ‘In the National Minimum Wage Act 1998 (c. 39) for section 40 (Mariners) there |
|
| | | |
| | | |
| | | For the purposes of this Act, an individual employed to work on board a |
|
| | | |
| | | (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 |
|
| | |
| | |
| | |
| | | |
| | 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 |
|
| | |
| | |
| | |
| | | |
| | 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 |
|
| | | |
| | |
| | | Employment Tribunals Act 1996 (c. 17), section 6 |
|
| | |
| | |
| | |
| | | |
| | 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 |
|
| | |
| | |
| | |
| | | |
| | 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 |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | |
| | | |
| | 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 |
|
| | | |
| | | (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 |
|
| | | |
| | | (3) | The Secretary of State shall review the relevant papers as soon as is |
|
| | | |
| | | (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 |
|
| | | |
| | | (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 |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | | ‘Proceedings in public interest disclosure cases |
|
| | | In the Employment Tribunals Act 1996 (c.17), after section 8 (procedure) |
|
| | | |
| | | “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 |
|
| | | |
| | | (3) | In this section, “President” has the same meaning as in section |
|
| | | |
| | |
| | | Employment Tribunal monetary awards: enforcement of recovery |
|
| | |
| | |
| | |
| | |
| | |
| | | |
| | 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 |
|
| | | |
| | | (2) | Regulations made under subsection (1) shall— |
|
| | | (a) | identify organisations responsible for the recovery of awards under |
|
| | | |
| | | (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.’. |
|
| | |
| | | |
| | |
| | | |
| | 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.’. |
|
| | |
| | | |
| | |
| | | |
| | 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.’. |
|
| | |
| | | |
| | |
| | | |
| | 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.’. |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 1, line 1, leave out Clause 1. |
|
| | |
| | | |
| | Page 1, line 6, leave out Clause 2. |
|
| | |
| | |
| | |
| | |
| | | |
| | Page 2, line 15 [Clause 3], leave out ‘25%’ and insert ‘10%’. |
|
| | |
| | | |
| | Page 2, line 15 [Clause 3], leave out ‘25%’ and insert ‘50%’. |
|
| | |
| | |
| | |
| | | |
| | Page 2, line 25 [Clause 3], leave out ‘25%’ and insert ‘10%’. |
|
| | |
| | | |
| | Page 2, line 25 [Clause 3], leave out ‘25%’ and insert ‘50%’. |
|
| | |
| | |
| | |
| | |
| | | |
| | 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.’. |
|
| | |
| | | |
| | Page 4, line 29 [Clause 5], leave out subsection (2). |
|
| | |
|
