House of Lords Amendments - Employment Relations Bill

Employment Relations Bill - Amendments to be debated in the House of Lords - continued	House of Lords
back to previous amendments

221	Page 53, line 28, at end insert--
	("PART VIA
	LOSS OF INDEPENDENCe
	Introduction
	114A.--(1) This Part of this Schedule applies if the CAC has issued a declaration that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit. (2) In such a case references in this Part of this Schedule to the bargaining arrangements are to the declaration and to the provisions relating to the collective bargaining method. (3) For this purpose the provisions relating to the collective bargaining method are-- (a) the parties' agreement as to the method by which collective bargaining is to be conducted, (b) anything effective as, or as if contained in, a legally enforceable contract and relating to the method by which collective bargaining is to be conducted, or (c) any provision of Part III of this Schedule that a method of collective bargaining is to have effect. 114B.--(1) This Part of this Schedule also applies if-- (a) the parties have agreed that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, (b) the CAC has specified to the parties under paragraph 43(2) the method by which they are to conduct collective bargaining, and (c) the parties have not agreed in writing to replace the method or that paragraph 43(3) shall not apply. (2) In such a case references in this Part of this Schedule to the bargaining arrangements are to-- (a) the parties' agreement mentioned in sub-paragraph (1)(a), and (b) anything effective as, or as if contained in, a legally enforceable contract by virtue of paragraph 43. 114C. References in this Part of this Schedule to the parties are to the employer and the union (or unions) concerned.
	Loss of certificate
	114D.--(1) This paragraph applies if-- (a) only one union is a party, and (b) under section 7 the Certification Officer withdraws the union's certificate of independence. (2) This paragraph also applies if-- (a) more than one union is a party, and (b) under section 7 the Certification Officer withdraws the certificate of independence of each union (whether different certificates are withdrawn on the same or on different days). (3) Sub-paragraph (4) shall apply on the day after-- (a) the day on which the Certification Officer informs the union (or unions) of the withdrawal (or withdrawals), or (b) if there is more than one union, and he informs them on different days, the last of those days. (4) The bargaining arrangements shall cease to have effect; and the parties shall be taken to agree that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit concerned.
	Certificate re-issued
	114E.--(1) This paragraph applies if-- (a) only one union is a party, (b) paragraph 114D applies, and (c) as a result of an appeal under section 9 against the decision to withdraw the certificate, the Certification Officer issues a certificate that the union is independent. (2) This paragraph also applies if-- (a) more than one union is a party, (b) paragraph 114D applies, and (c) as a result of an appeal under section 9 against a decision to withdraw a certificate, the Certification Officer issues a certificate that any of the unions concerned is independent. (3) Sub-paragraph (4) shall apply, beginning with the day after-- (a) the day on which the Certification Officer issues the certificate, or (b) if there is more than one union, the day on which he issues the first or only certificate. (4) The bargaining arrangements shall have effect again; and paragraph 114D shall cease to apply.
	Miscellaneous
	114F. Parts III to VI of this Schedule shall not apply in the case of the parties at any time when, by virtue of this Part of this Schedule, the bargaining arrangements do not have effect. 114G. If-- (a) by virtue of paragraph 114E the bargaining arrangements have effect again beginning with a particular day, and (b) in consequence section 70B applies in relation to the bargaining unit concerned, for the purposes of section 70B(3) that day shall be taken to be the day on which section 70B first applies in relation to the unit.").
	BY THE LORD WEDDERBURN OF CHARLTON THE LORD McCARTHY THE BARONESS TURNER OF CAMDEN
222	Page 54, line 7, after ("employer") insert ("other than a breach which is accidental or which is a reasonable furtherance of the principal reason for the employee's action which fell within one or more grounds set out in sub-paragraph (2),")
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
223	Page 54, line 42, leave out ("the infringement complained of and to")
224	Page 54, line 45, leave out ("taken to include")
	BY THE LORD WEDDERBURN OF CHARLTON THE LORD McCARTHY THE BARONESS TURNER OF CAMDEN
225	Page 55, line 46, at end insert ("other than a breach which is accidental or which is a reasonable furtherance of the principal reason for the employee's action which fell within one or more reasons set out in sub-paragraph (2),")
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
226	Page 56, line 31, at end insert ("but he must provide written reasons, in an explanatory note to any draft order, for not following the recommendations of the CAC")
	BY THE LORD WEDDERBURN OF CHARLTON THE LORD McCARTHY THE BARONESS TURNER OF CAMDEN
227	Page 57, line 5, at beginning insert-- ("(A1) Where the CAC specifies a method whereby parties are to conduct collective bargaining, such a method imports a duty on the parties to conduct collective bargaining with a view to reaching agreement on matters falling within the meaning of collective bargaining in the relevant part of this Schedule.")
228	Page 57, line 7, at end insert-- ("(1A) Where the parties fail to reach agreement on any outstanding issues between them at any stage of procedures set out in this Schedule, the CAC may decide, after hearing the views of the parties, that these issues should be submitted to an independent arbitrator nominated by the CAC after consultation with ACAS. (1B) Where an arbitrator is nominated by the CAC under sub-paragraph (1A), he shall hear the parties on the issues in dispute between them and make a declaration on the issues and, if he sees fit, make a substantive award. (1C) The substantive award of an arbitrator under sub-paragraph (1B) may state the terms and conditions of employment and, if so, those terms and conditions take effect as terms of the employment contracts between the relevant employees and any employer who is a party in the dispute; and those terms and conditions (or terms and conditions no less favourable) shall be amended only by a subsequent award, or by incorporation into the terms of the employment contracts of the relevant terms of a collective agreement between the employer and the relevant union.")
	BY THE LORD SIMON OF HIGHBURY
229	Page 57, line 13, at end insert--
	("Notice of declarations
	127A.--(1) If the CAC issues a declaration under this Schedule it must notify the parties of the declaration and its contents. (2) The reference here to the parties is to-- (a) the union (or unions) concerned and the employer concerned, and (b) if the declaration is issued in consequence of an application by a worker or workers, the worker or workers making it.")
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
230	Page 57, line 18, at end insert-- ("( ) The CAC shall provide the parties to any matter dealt with by it, and make available to any other person requesting the same, written reasons for its decisions.")
	Before Clause 2
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
231	Insert the following new Clause--
	(".--(1) The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as follows. (2) After section 225 insert--		Protection of action pending recognition for collective bargaining.
	Action pending recognition for collective bargaining.	225A. An act is not protected if the reason, or one of the reasons, for which it is done is that an employer has refused to recognise, to any extent, a trade union for the purpose of collective bargaining and-- (a) the procedure laid down in Part I of Schedule A1 has not yet been exhausted; or (b) the procedure laid down in Part I of Schedule A1 has been exhausted and the union has failed to qualify for recognition."")
	Schedule 2
	BY THE LORD WEDDERBURN OF CHARLTON THE LORD McCARTHY THE BARONESS TURNER OF CAMDEN
232	Page 58, leave out lines 32 to 45 and insert-- ("(4) Subsections (3), (4) and (5) shall cease to have effect.")
	Clause 3
	BY THE BARONESS MILLER OF HENDON THE BARONESS DENTON OF WAKEFIELD THE BARONESS SECCOMBE
232A	Page 1, line 19, after ("compilation") insert ("and misuse")
232B	Page 1, line 21, after ("the") insert ("lawful")
232C	Page 2, line 2, after ("of") insert ("restricting or preventing")
232D	Page 2, line 2, at end insert ("whether by way of positive or negative discrimination.")
	BY THE LORD SIMON OF HIGHBURY
233	Page 2, line 4, at end insert ("; (b) the sale or supply of lists to which subsection (1) applies.")
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 ,BR>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
239	Page 60, line 13, leave out ("an overtime ban and")
240	Page 60, line 14, leave out ("constitute") and insert ("constitutes")
	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")
	After Clause 13
	BY THE LORD SIMON OF HIGHBURY
270	Insert the following new Clause--
	(" . Sections 10 to 13 of this Act shall be treated as provisions of Part V of the Employment Rights Act 1996 for the purposes of-- (a) section 203(1), (2)(e) and (f), (3) and (4) of that Act (restrictions on contracting out), and		Contracting out and conciliation. 1996 c. 18.
	(b) section 18(1)(d) of the Employment Tribunals Act 1996 (conciliation).")		1996 c. 17.



© Parliamentary copyright 1999	Prepared 7 June 1999