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 Amendments to the Employment Relations Bill to be moved on Report in the House of Lords.

Schedule 4

BY THE LORD SIMON OF HIGHBURY

     Page 70, line 2, leave out ("conferred by the regulations") and insert ("under this Chapter")

     Page 70, line 38, at end insert--
("(  )  require parental leave to be taken as a series of periods of absence in all cases or in specified cases;")

     Page 70, line 43, after ("minimum") insert ("or maximum")

     Page 70, line 44, at end insert--
("(  )  specify a maximum aggregate of periods of parental leave which may be taken during a specified period of time.")

     Page 71, line 43, at end insert--

    ("(  )  Regulations under section 76 may provide for specified provisions of the regulations not to apply in relation to an employee if any provision of his contract of employment--
(a)  confers an entitlement to absence from work for the purpose of caring for a child, and

(b)  incorporates or operates by reference to all or part of a collective agreement, or workforce agreement, of a kind specified in the regulations.")

     Page 72, line 45, leave out from beginning to end of line 8 on page 73

Clause 10

BY THE BARONESS YOUNG

     Page 5, line 12, at end insert--

    ("(  )  This section shall not apply to an employer who shows that to comply with it would conflict with his religious beliefs and conscience.")

Clause 11

BY THE BARONESS YOUNG

     Page 6, line 5, at end insert ("but such a complaint shall not succeed if the employer can show that he was unable to comply as a consequence of his religious beliefs and conscience.")

Clause 13

BY THE LORD SIMON OF HIGHBURY

     Page 8, line 1, leave out subsection (4) and insert--

    ("(4)  For the purposes of section 10 a disciplinary hearing is a hearing which could result in--
(a)  the administration of a formal warning to a worker by his employer,

(b)  the taking of some other action in respect of a worker by his employer, or

(c)  the confirmation of a warning issued or some other action taken.
    (4A)  For the purposes of section 10 a grievance hearing is a hearing which concerns the performance of a duty by an employer in relation to a worker.")

After Clause 24

BY THE LORD SIMON OF HIGHBURY

     Insert the following new Clause--

    ("  .--(1)  In section 253(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (ACAS: annual report) for "calendar year" there shall be substituted "financial year".

    (2)  In section 265(1) of that Act (ACAS: report about CAC) for "calendar year" there shall be substituted "financial year".") ACAS: reports.
1992 c. 52.

Schedule 6

BY THE LORD SIMON OF HIGHBURY

     Page 91, line 46, after ("apply") insert ("to a complaint under section 37E(1)(b) or")

     Page 92, line 20, at end insert--

("Annual report by Certification Officer

    .  In section 258(1) (Certification Officer: annual report) for "calendar year" there shall be substituted "financial year".")

After Clause 33

BY THE LORD SIMON OF HIGHBURY

     Insert the following new Clause--

    ("  .--(1)  This section applies where regulations under section 2(2) of the European Communities Act 1972 (general implementation of Treaties) make provision for the purpose of implementing, or for a purpose concerning, a Community obligation of the United Kingdom which relates to the treatment of employees on the transfer of an undertaking or business or part of an undertaking or business.

    (2)  The Secretary of State may by regulations make the same or similar provision in relation to the treatment of employees in circumstances other than those to which the Community obligation applies (including circumstances in which there is no transfer, or no transfer to which the Community obligation applies).

    (3)  Regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.") Transfer of undertakings.
1972 c. 68.

© Parliamentary copyright 1999
Prepared 2 July 1999

	Schedule 4
	BY THE LORD SIMON OF HIGHBURY
	Page 70, line 2, leave out ("conferred by the regulations") and insert ("under this Chapter")
	Page 70, line 38, at end insert-- ("( ) require parental leave to be taken as a series of periods of absence in all cases or in specified cases;")
	Page 70, line 43, after ("minimum") insert ("or maximum")
	Page 70, line 44, at end insert-- ("( ) specify a maximum aggregate of periods of parental leave which may be taken during a specified period of time.")
	Page 71, line 43, at end insert-- ("( ) Regulations under section 76 may provide for specified provisions of the regulations not to apply in relation to an employee if any provision of his contract of employment-- (a) confers an entitlement to absence from work for the purpose of caring for a child, and (b) incorporates or operates by reference to all or part of a collective agreement, or workforce agreement, of a kind specified in the regulations.")
	Page 72, line 45, leave out from beginning to end of line 8 on page 73
	Clause 10
	BY THE BARONESS YOUNG
	Page 5, line 12, at end insert-- ("( ) This section shall not apply to an employer who shows that to comply with it would conflict with his religious beliefs and conscience.")
	Clause 11
	BY THE BARONESS YOUNG
	Page 6, line 5, at end insert ("but such a complaint shall not succeed if the employer can show that he was unable to comply as a consequence of his religious beliefs and conscience.")
	Clause 13
	BY THE LORD SIMON OF HIGHBURY
	Page 8, line 1, leave out subsection (4) and insert-- ("(4) For the purposes of section 10 a disciplinary hearing is a hearing which could result in-- (a) the administration of a formal warning to a worker by his employer, (b) the taking of some other action in respect of a worker by his employer, or (c) the confirmation of a warning issued or some other action taken. (4A) For the purposes of section 10 a grievance hearing is a hearing which concerns the performance of a duty by an employer in relation to a worker.")
	After Clause 24
	BY THE LORD SIMON OF HIGHBURY
	Insert the following new Clause--
	(" .--(1) In section 253(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (ACAS: annual report) for "calendar year" there shall be substituted "financial year". (2) In section 265(1) of that Act (ACAS: report about CAC) for "calendar year" there shall be substituted "financial year".")		ACAS: reports. 1992 c. 52.
	Schedule 6
	BY THE LORD SIMON OF HIGHBURY
	Page 91, line 46, after ("apply") insert ("to a complaint under section 37E(1)(b) or")
	Page 92, line 20, at end insert--
	("Annual report by Certification Officer
	. In section 258(1) (Certification Officer: annual report) for "calendar year" there shall be substituted "financial year".")
	After Clause 33
	BY THE LORD SIMON OF HIGHBURY
	Insert the following new Clause--
	(" .--(1) This section applies where regulations under section 2(2) of the European Communities Act 1972 (general implementation of Treaties) make provision for the purpose of implementing, or for a purpose concerning, a Community obligation of the United Kingdom which relates to the treatment of employees on the transfer of an undertaking or business or part of an undertaking or business. (2) The Secretary of State may by regulations make the same or similar provision in relation to the treatment of employees in circumstances other than those to which the Community obligation applies (including circumstances in which there is no transfer, or no transfer to which the Community obligation applies). (3) Regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.")		Transfer of undertakings. 1972 c. 68.