House of Lords Amendments - Employment Relations Bill

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Session 1998-99
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Amendments to the Employment Relations Bill

Employment Relations Bill -
Amendments to be debated in the House of Lords
Here you can browse the Second Marshalled List of Amendments to the Employment Relations Bill to be moved in Committee in the House of Lords.

The amendments have been marshalled in accordance with the instruction of 26th May 1999, as follows--

Clauses 3 and 4
Schedule 3
Clauses 5 to 9
Schedule 4
Clauses 10 to 14
Schedule 5
Clauses 15 to 25
Schedule 6
Clauses 26 to 27
Schedule 7
Clauses 28 to 35
Schedule 8
Clauses 36 to 38

[Amendments marked * are new or have been altered]

Amendment
No.

Clause 3

BY THE LORD SIMON OF HIGHBURY

234      Page 2, line 18, at end insert--

    ("(  )  Regulations under this section creating an offence may not provide for it to be punishable--
(a)  by imprisonment,

       5

       7
(b)  by a fine in excess of level 5 on the standard scale in the case of an offence triable only summarily, or

(c)  by a fine in excess of the statutory maximum in the case of summary conviction for an offence triable either way.")

BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
[As amendments to Amendment 234]

234A      Line 5, leave out ("5") and insert ("4")

234B      Line 7, leave out paragraph (c)

BY THE LORD SIMON OF HIGHBURY

235      Page 2, line 18, at end insert--

    ("(  )  In this section "list" includes any index or other set of items whether recorded electronically or by any other means.")

BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE

235A      Page 2, line 18, at end insert--

    ("(  )  The Secretary of State may make similar regulations to those provided for in subsection (3) of this section to prohibit--
(a)  the production of lists of employers involved in any trade dispute or goods or services made or handled by such employers;

(b)  the blacklisting of such employers, goods or services;

(c)  the boycotting of any such employers or goods or services (including the supply to them of such goods or services).")

Schedule 3

BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE

236      Page 59, line 36, after ("possession") insert ("or which is ascertainable by it after reasonable enquiries")

BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN

237      Page 59, line 37, leave out ("make plans and")

BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE

238      Page 59, leave out lines 42 to 44 and insert--
("(a)  a notice must contain (at least) information as to the number, category and workplace of the employees concerned;")

BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN

238A      Page 60, leave out lines 13 and 14 and insert--
    (""(2A)  For the purposes of subsection (2), the union may state on the ballot paper that relevant action is industrial action short of a strike.

    (2B)  In subsection (2A) "relevant action" means an overtime ban, a ban on contingency or contact arrangements, a call-out ban, and forms of discontinuous action within subsection (6) of section 234A below."")

239      [Withdrawn]

240      [Withdrawn]

BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE

241      Page 60, line 21, after ("be") insert ("fair or")

BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN

242      Page 60, line 21, and end insert--

    ("(4)  In section 246 after "strike" insert ", subject to section 229,".")

BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE

243      Page 61, line 18, after ("possession") insert ("or which is ascertainable by it after reasonable enquiries")

BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN

244      Page 61, line 18, leave out ("make plans and")

BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE

245      Page 61, leave out lines 23 to 25 and insert--
("(a)  a notice must contain (at least) information as to the number, category and workplace of the employees concerned;")

Clause 5

BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE

245A      Page 2, line 36, after ("must") insert ("if required to by the decision of the Central Arbitration Committee")

245B      Page 3, line 2, at end insert ("including an appropriate evaluation in writing (a copy of which shall be provided to the employer contemporaneously with the union) of its efficiency and value and cost effectiveness.")

245C      Page 3, line 10, leave out ("six") and insert ("twelve")

Schedule 4

BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE

246      Page 62, line 40, leave out ("permit") and insert ("require")

BY THE EARL OF MAR AND KELLIE

246A      Page 63, line 29, at end insert ("and for the avoidance of doubt, remuneration shall include child care vouchers, luncheon vouchers and holiday stamps for the purpose of this legislation.")

BY THE LORD MESTON
THE LORD RAZZALL

247      Page 64, line 17, at end insert--

    ("(  )  The Secretary of State shall make regulations entitling an employee to leave when a child is lawfully placed with that employee for adoption for periods and on terms and conditions (including remuneration) equivalent to those to which an employee would be entitled in the event of maternity.")

BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE

248      Page 64, line 23, at end insert ("who is related to the employee as either a natural or adopted child or grandchild or stepchild or whom the employee has been appointed to foster or of whom the employee is otherwise in loco parentis,")

249      Page 64, line 24, after ("on") insert ("unpaid")

249A      Page 64, line 28, at end insert--

    ("(  )  The regulations made by the Secretary of State under subsections (1) and (2) shall ensure that--
(a)  the operation of the subsections shall not impose administrative, financial and legal constraints which would impede the creation and development of small and medium-sized undertakings; and

(b)  an employer shall be entitled to postpone the granting of parental leave for justifiable reasons related to the operation of the undertaking, including where--

    (i)  the work is of a seasonal nature, or

    (ii)  a replacement cannot be found within the notice period, or

    (iii)  a significant proportion of the workforce applies for parental leave at the same time, or

    (iv)  a specific function is of strategic importance.")

250      Page 64, line 35, leave out ("may") and insert ("shall")

251      [Withdrawn]

251A      Page 64, line 44, at end insert ("not extending beyond the child's 5th birthday unless the child has special needs")

252      Page 64, line 47, after ("minimum") insert ("and maximum")

253      Page 64, line 48, at end insert--
("(f)  have regard to the reasonable requirements of businesses on whose employees rights are conferred under this Chapter.")

254      Page 66, line 1, at end insert ("provided that, wherever practical, employers may make use of records maintained for tax and other statutory purposes")

255      Page 67, line 18, after ("of") insert ("unpaid")

256      Page 67, line 18, leave out from ("hours") to end of line 19 and insert ("on grounds of force majeur for urgent family reasons in case of sickness or accident making the immediate presence of the worker indispensable")

257      Page 67, line 25, leave out ("may") and insert ("shall")

258      Page 67, line 46, at end insert--
("(j)  stipulate that in all circumstances where the right is claimed, the employee shall use his best endeavours to inform the employer as soon as practical of the circumstances of the emergency and the likely duration of his absence from work.")

258A      Page 67, line 46, at end insert--

    ("(4)  The Secretary of State shall make regulations about the right under subsection (1) which shall ensure that--
(a)  the operation of the subsection shall not impose administrative, financial and legal constraints which would impede the creation and development of small and medium-sized undertakings; and

(b)  an employer shall be entitled to postpone the granting of parental leave for justifiable reasons related to the operation of the undertaking, including where--

    (i)  the work is of a seasonal nature, or

    (ii)  a replacement cannot be found within the notice period, or

    (iii)  a significant proportion of the workforce applies for parental leave at the same time, or

    (iv)  a specific function is of strategic importance.")

BY THE LORD SIMON OF HIGHBURY

258B      Page 70, line 5, leave out paragraphs 12 and 13 and insert--

    ("12.  In section 88(1)(c) (notice period: employment with normal working hours) after "childbirth" insert "or on parental leave".

    13.  In section 89(3)(b) (notice period: employment without normal working hours) after "childbirth" insert "or on parental leave".")

259      Page 71, line 8, leave out from ("general)") to end of line 9 and insert ("omit ", 127"")

260      Page 72, line 25, leave out paragraph 46

260A      Page 72, line 29, leave out paragraph 48 and insert--

    ("48.--(1)  Section 236 (orders and regulations) shall be amended as follows.

    (2)  In subsection (2)(a) after "order" insert "or regulations".

    (3)  In subsection (3)--
(a)  after "and no order" insert "or regulations",

(b)  for "72(3), 73(5), 79(3)," substitute "47C, 57A, 57C, 71, 72, 73, 76, 81, 99,", and

(c)  for "or order" substitute ", order or regulations".")

Clause 10

BY THE LORD MESTON
THE LORD RAZZALL

261      Page 5, line 11, at end insert (", and
(d)  is to be permitted to take a written record of the hearing")

BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE

262      Page 5, line 14, at end insert ("who is a full time paid official of a union,")

263      Page 5, line 16, at end insert--

    ("(  )  For the purposes of subsection (3)(a), where there is a trade union recognised by the employer pursuant to the provisions of this Act, the official shall be an official of that union.")

Clause 12

BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE

264      Page 6, line 26, leave out ("(whether of the same employer or not)")

265      Page 6, line 35, leave out ("(whether of the same employer or not)")

After Clause 12

BY THE LORD MESTON
THE LORD RAZZALL

266      Insert the following new Clause--

    ("  .  The provisions of sections 10 to 12 of this Act are without prejudice to the ability of an employment tribunal when appropriate in the circumstances of a case to hold that a worker has been unfairly treated--
(a)  if he was not permitted to be accompanied at any hearing by some other suitable person (whether or not a person mentioned in section 10(3)); or

(b)  if his employer failed to provide any, or any sufficient, disciplinary or grievance procedure.")
Unfair treatment.

Clause 13

BY THE EARL OF MAR AND KELLIE

266A      Page 7, line 36, leave out subsection (4) and insert--

    ("(4)  For the purpose of section 10, a disciplinary or grievance hearing is a hearing which has as its purpose or its potential purpose disciplinary proceedings or the resolution of a grievance.")

BY THE LORD SIMON OF HIGHBURY

267      Page 7, leave out lines 40 and 41 and insert ("administration of a formal warning to a worker by the employer, the taking of some other action in respect of a worker by the employer or the confirmation of a warning issued or some other action taken, or")

BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE

268      Page 7, line 40, leave out from ("employer") to ("or") in line 41 and insert ("dismissing the worker or subjecting him to a financial detriment or giving him a final written warning,")

269      Page 7, line 42, leave out from ("performance") to end of line 43 and insert ("by the employer in relation to a particular worker of either an express contractual duty relating to a serious matter or of a statutory duty")

© Parliamentary copyright 1999
Prepared 15 June 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Clause 3
	BY THE LORD SIMON OF HIGHBURY
234	Page 2, line 18, at end insert-- ("( ) Regulations under this section creating an offence may not provide for it to be punishable-- (a) by imprisonment,
5 7	(b) by a fine in excess of level 5 on the standard scale in the case of an offence triable only summarily, or (c) by a fine in excess of the statutory maximum in the case of summary conviction for an offence triable either way.")
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE [As amendments to Amendment 234]
234A	Line 5, leave out ("5") and insert ("4")
234B	Line 7, leave out paragraph (c)
	BY THE LORD SIMON OF HIGHBURY
235	Page 2, line 18, at end insert-- ("( ) In this section "list" includes any index or other set of items whether recorded electronically or by any other means.")
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
235A	Page 2, line 18, at end insert-- ("( ) The Secretary of State may make similar regulations to those provided for in subsection (3) of this section to prohibit-- (a) the production of lists of employers involved in any trade dispute or goods or services made or handled by such employers; (b) the blacklisting of such employers, goods or services; (c) the boycotting of any such employers or goods or services (including the supply to them of such goods or services).")
	Schedule 3
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
236	Page 59, line 36, after ("possession") insert ("or which is ascertainable by it after reasonable enquiries")
	BY THE LORD WEDDERBURN OF CHARLTON THE LORD McCARTHY THE BARONESS TURNER OF CAMDEN
237	Page 59, line 37, leave out ("make plans and")
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
238	Page 59, leave out lines 42 to 44 and insert-- ("(a) a notice must contain (at least) information as to the number, category and workplace of the employees concerned;")
	BY THE LORD WEDDERBURN OF CHARLTON THE LORD McCARTHY THE BARONESS TURNER OF CAMDEN
238A	Page 60, leave out lines 13 and 14 and insert-- (""(2A) For the purposes of subsection (2), the union may state on the ballot paper that relevant action is industrial action short of a strike. (2B) In subsection (2A) "relevant action" means an overtime ban, a ban on contingency or contact arrangements, a call-out ban, and forms of discontinuous action within subsection (6) of section 234A below."")
239	[Withdrawn]
240	[Withdrawn]
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
241	Page 60, line 21, after ("be") insert ("fair or")
	BY THE LORD WEDDERBURN OF CHARLTON THE LORD McCARTHY THE BARONESS TURNER OF CAMDEN
242	Page 60, line 21, and end insert-- ("(4) In section 246 after "strike" insert ", subject to section 229,".")
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
243	Page 61, line 18, after ("possession") insert ("or which is ascertainable by it after reasonable enquiries")
	BY THE LORD WEDDERBURN OF CHARLTON THE LORD McCARTHY THE BARONESS TURNER OF CAMDEN
244	Page 61, line 18, leave out ("make plans and")
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
245	Page 61, leave out lines 23 to 25 and insert-- ("(a) a notice must contain (at least) information as to the number, category and workplace of the employees concerned;")
	Clause 5
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
245A	Page 2, line 36, after ("must") insert ("if required to by the decision of the Central Arbitration Committee")
245B	Page 3, line 2, at end insert ("including an appropriate evaluation in writing (a copy of which shall be provided to the employer contemporaneously with the union) of its efficiency and value and cost effectiveness.")
245C	Page 3, line 10, leave out ("six") and insert ("twelve")
	Schedule 4
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
246	Page 62, line 40, leave out ("permit") and insert ("require")
	BY THE EARL OF MAR AND KELLIE
246A	Page 63, line 29, at end insert ("and for the avoidance of doubt, remuneration shall include child care vouchers, luncheon vouchers and holiday stamps for the purpose of this legislation.")
	BY THE LORD MESTON THE LORD RAZZALL
247	Page 64, line 17, at end insert-- ("( ) The Secretary of State shall make regulations entitling an employee to leave when a child is lawfully placed with that employee for adoption for periods and on terms and conditions (including remuneration) equivalent to those to which an employee would be entitled in the event of maternity.")
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
248	Page 64, line 23, at end insert ("who is related to the employee as either a natural or adopted child or grandchild or stepchild or whom the employee has been appointed to foster or of whom the employee is otherwise in loco parentis,")
249	Page 64, line 24, after ("on") insert ("unpaid")
249A	Page 64, line 28, at end insert-- ("( ) The regulations made by the Secretary of State under subsections (1) and (2) shall ensure that-- (a) the operation of the subsections shall not impose administrative, financial and legal constraints which would impede the creation and development of small and medium-sized undertakings; and (b) an employer shall be entitled to postpone the granting of parental leave for justifiable reasons related to the operation of the undertaking, including where-- (i) the work is of a seasonal nature, or (ii) a replacement cannot be found within the notice period, or (iii) a significant proportion of the workforce applies for parental leave at the same time, or (iv) a specific function is of strategic importance.")
250	Page 64, line 35, leave out ("may") and insert ("shall")
251	[Withdrawn]
251A	Page 64, line 44, at end insert ("not extending beyond the child's 5th birthday unless the child has special needs")
252	Page 64, line 47, after ("minimum") insert ("and maximum")
253	Page 64, line 48, at end insert-- ("(f) have regard to the reasonable requirements of businesses on whose employees rights are conferred under this Chapter.")
254	Page 66, line 1, at end insert ("provided that, wherever practical, employers may make use of records maintained for tax and other statutory purposes")
255	Page 67, line 18, after ("of") insert ("unpaid")
256	Page 67, line 18, leave out from ("hours") to end of line 19 and insert ("on grounds of force majeur for urgent family reasons in case of sickness or accident making the immediate presence of the worker indispensable")
257	Page 67, line 25, leave out ("may") and insert ("shall")
258	Page 67, line 46, at end insert-- ("(j) stipulate that in all circumstances where the right is claimed, the employee shall use his best endeavours to inform the employer as soon as practical of the circumstances of the emergency and the likely duration of his absence from work.")
258A	Page 67, line 46, at end insert-- ("(4) The Secretary of State shall make regulations about the right under subsection (1) which shall ensure that-- (a) the operation of the subsection shall not impose administrative, financial and legal constraints which would impede the creation and development of small and medium-sized undertakings; and (b) an employer shall be entitled to postpone the granting of parental leave for justifiable reasons related to the operation of the undertaking, including where-- (i) the work is of a seasonal nature, or (ii) a replacement cannot be found within the notice period, or (iii) a significant proportion of the workforce applies for parental leave at the same time, or (iv) a specific function is of strategic importance.")
	BY THE LORD SIMON OF HIGHBURY
258B	Page 70, line 5, leave out paragraphs 12 and 13 and insert-- ("12. In section 88(1)(c) (notice period: employment with normal working hours) after "childbirth" insert "or on parental leave". 13. In section 89(3)(b) (notice period: employment without normal working hours) after "childbirth" insert "or on parental leave".")
259	Page 71, line 8, leave out from ("general)") to end of line 9 and insert ("omit ", 127"")
260	Page 72, line 25, leave out paragraph 46
260A	Page 72, line 29, leave out paragraph 48 and insert-- ("48.--(1) Section 236 (orders and regulations) shall be amended as follows. (2) In subsection (2)(a) after "order" insert "or regulations". (3) In subsection (3)-- (a) after "and no order" insert "or regulations", (b) for "72(3), 73(5), 79(3)," substitute "47C, 57A, 57C, 71, 72, 73, 76, 81, 99,", and (c) for "or order" substitute ", order or regulations".")
	Clause 10
	BY THE LORD MESTON THE LORD RAZZALL
261	Page 5, line 11, at end insert (", and (d) is to be permitted to take a written record of the hearing")
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
262	Page 5, line 14, at end insert ("who is a full time paid official of a union,")
263	Page 5, line 16, at end insert-- ("( ) For the purposes of subsection (3)(a), where there is a trade union recognised by the employer pursuant to the provisions of this Act, the official shall be an official of that union.")
	Clause 12
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
264	Page 6, line 26, leave out ("(whether of the same employer or not)")
265	Page 6, line 35, leave out ("(whether of the same employer or not)")
	After Clause 12
	BY THE LORD MESTON THE LORD RAZZALL
266	Insert the following new Clause--
	(" . The provisions of sections 10 to 12 of this Act are without prejudice to the ability of an employment tribunal when appropriate in the circumstances of a case to hold that a worker has been unfairly treated-- (a) if he was not permitted to be accompanied at any hearing by some other suitable person (whether or not a person mentioned in section 10(3)); or (b) if his employer failed to provide any, or any sufficient, disciplinary or grievance procedure.")	Unfair treatment.
	Clause 13
	BY THE EARL OF MAR AND KELLIE
266A	Page 7, line 36, leave out subsection (4) and insert-- ("(4) For the purpose of section 10, a disciplinary or grievance hearing is a hearing which has as its purpose or its potential purpose disciplinary proceedings or the resolution of a grievance.")
	BY THE LORD SIMON OF HIGHBURY
267	Page 7, leave out lines 40 and 41 and insert ("administration of a formal warning to a worker by the employer, the taking of some other action in respect of a worker by the employer or the confirmation of a warning issued or some other action taken, or")
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
268	Page 7, line 40, leave out from ("employer") to ("or") in line 41 and insert ("dismissing the worker or subjecting him to a financial detriment or giving him a final written warning,")
269	Page 7, line 42, leave out from ("performance") to end of line 43 and insert ("by the employer in relation to a particular worker of either an express contractual duty relating to a serious matter or of a statutory duty")