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 Marshalled List of Amendments to the Employment Relations Bill to be moved on Third Reading in the House of Lords.

[Amendments marked * are new or have been altered]

Amendment
No.

Clause 5

BY THE LORD SIMON OF HIGHBURY

1      Page 4, line 13, leave out ("(3)") and insert ("(2)")

Clause 10

BY THE LORD SIMON OF HIGHBURY

2      Page 5, line 17, leave out ("the worker")

3*      Page 5, line 28, leave out from ("meaning)") to ("or") on line 30 and insert ("whom the union has reasonably certified in writing as having experience of, or as having received training in, acting as a worker's companion at disciplinary or grievance hearings")

Clause 15

BY THE LORD SIMON OF HIGHBURY

4      Page 8, line 28, after ("13") insert ("of this Act")

Clause 17

BY THE LORD SIMON OF HIGHBURY

5      Page 8, line 37, leave out ("subject") and insert ("subjected")

After Clause 17

BY THE LORD RAZZALL

6      Insert the following new Clause--

    ("  .--(1)  The Secretary of State may make regulations for the purpose of prohibiting, in relation to any employment matter, discrimination by an employer against another person on grounds of that person's sexual orientation.

    (2)  In subsection (1) "employment matter" includes--
(a)  the offer or refusal of employment;

(b)  the termination of employment;

(c)  terms and conditions of employment;

(d)  the provision of training or skills development opportunities;

(e)  promotion and career progression.
    (3)  Regulations under subsection (1) may--
(a)  specify the types of action, or failure to take action, which are to be taken to constitute discrimination for the purpose of this section;

(b)  confer jurisdiction (including exclusive jurisdiction) on employment tribunals and on the Employment Appeal Tribunal in relation to cases brought under this section;

(c)  provide for penalties to be imposed or, as the case may be, compensation to be awarded in respect of offences committed under paragraph (a) above.
    (4)  No regulations shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.") Discrimination in the work-place on grounds of sexual orientation.

Clause 32

BY THE LORD SIMON OF HIGHBURY

7*      Page 16, leave out lines 23 to 28 and insert--

    ("(7)  The provisions mentioned in subsection (8) apply to employment on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 if and only if--
(a)  the ship's entry in the register specifies a port in Great Britain as the port to which the vessel is to be treated as belonging,

(b)  under his contract of employment the person employed does not work wholly outside Great Britain, and

(c)  the person employed is ordinarily resident in Great Britain.")

Clause 46

BY THE LORD SIMON OF HIGHBURY

8      Page 20, line 24, leave out ("section 39") and insert ("sections 39 and 45")

Schedule 1

BY THE LORD SIMON OF HIGHBURY

9      Page 21, line 36, at end insert ("or 44")

10*      Page 22, line 21, leave out from ("registered") to end of line 23 and insert ("in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Great Britain unless--
(a)  the ship's entry in the register specifies a port outside Great Britain as the port to which the vessel is to be treated as belonging,")

BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE

11      Page 31, line 5, at end insert ("if it is part of a business employing more than 50 workers in total, or at least 50 per cent of the workers if there are more than 20 but less than 51 workers employed by the said business on either of the dates referred to in paragraph 7(1) of this Schedule")

BY THE LORD SIMON OF HIGHBURY

12      Page 32, line 36, leave out ("An agreement for or") and insert ("A")

13      Page 32, line 38, after ("effect") insert ("to the extent specified in paragraph 83(2)")

14      Page 35, line 22, leave out ("An agreement for or") and insert ("A")

15      Page 35, line 24, after ("effect") insert ("to the extent specified in paragraph 83(2)")

16*      Page 40, line 18, leave out from ("registered") to end of line 20 and insert ("in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Great Britain unless--
(a)  the ship's entry in the register specifies a port outside Great Britain as the port to which the vessel is to be treated as belonging,")

17      Page 40, line 24, leave out ("(2)(a)") and insert ("(2)")

18      Page 40, line 40, at end insert ("or 59")

19      Page 40, line 42, leave out ("58") and insert ("60")

20      Page 49, line 4, leave out ("or 47")

21      Page 49, line 48, leave out ("or agreement")

22      Page 50, line 48, leave out ("or agreement")

23      Page 51, line 36, leave out ("or agreement")

24      Page 53, line 49, at end insert--

    ("(4A)  In relation to a residual unit in relation to which a declaration is issued under paragraph 91, references to collective bargaining are to negotiations relating to the matters which were the subject of collective bargaining in relation to the corresponding parent unit.")

25      Page 54, line 1, leave out ("67(5)(b)")

26*      Page 55, line 28, leave out from ("registered") to end of line 30 and insert ("in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Great Britain unless--
(a)  the ship's entry in the register specifies a port outside Great Britain as the port to which the vessel is to be treated as belonging,")

Schedule 3

BY THE LORD SIMON OF HIGHBURY

27*      Page 78, line 41, at end insert--

("Separate workplace ballots

    .  The following shall be substituted for section 228 (separate workplace ballots)--

Separate workplace ballots.      228.--(1)  Subject to subsection (2), this section applies if the members entitled to vote in a ballot by virtue of section 227 do not all have the same workplace.

    (2)  This section does not apply if the union reasonably believes that all those members have the same workplace.

    (3)  Subject to section 228A, a separate ballot shall be held for each workplace; and entitlement to vote in each ballot shall be accorded equally to, and restricted to, members of the union who--
(a)  are entitled to vote by virtue of section 227, and

(b)  have that workplace.
    (4)  In this section and section 228A "workplace" in relation to a person who is employed means--
(a)  if the person works at or from a single set of premises, those premises, and

(b)  in any other case, the premises with which the person's employment has the closest connection.

Separate workplaces: single and aggregate ballots.      228A.--(1)  Where section 228(3) would require separate ballots to be held for each workplace, a ballot may be held in place of some or all of the separate ballots if one of subsections (2) to (4) is satisfied in relation to it.

    (2)  This subsection is satisfied in relation to a ballot if the workplace of each member entitled to vote in the ballot is the workplace of at least one member of the union who is affected by the dispute.

    (3)  This subsection is satisfied in relation to a ballot if entitlement to vote is accorded to, and limited to, all the members of the union who--
(a)  according to the union's reasonable belief have an occupation of a particular kind or have any of a number of particular kinds of occupation, and

(b)  are employed by a particular employer, or by any of a number of particular employers, with whom the union is in dispute.
    (4)  This subsection is satisfied in relation to a ballot if entitlement to vote is accorded to, and limited to, all the members of the union who are employed by a particular employer, or by any of a number of particular employers, with whom the union is in dispute.

    (5)  For the purposes of subsection (2) the following are members of the union affected by a dispute--
(a)  if the dispute relates (wholly or partly) to a decision which the union reasonably believes the employer has made or will make concerning a matter specified in subsection (1)(a), (b) or (c) of section 244 (meaning of "trade dispute"), members whom the decision directly affects,

(b)  if the dispute relates (wholly or partly) to a matter specified in subsection (1)(d) of that section, members whom the matter directly affects,

(c)  if the dispute relates (wholly or partly) to a matter specified in subsection (1)(e) of that section, persons whose membership or non-membership is in dispute,

(d)  if the dispute relates (wholly or partly) to a matter specified in subsection (1)(f) of that section, officials of the union who have used or would use the facilities concerned in the dispute."  ")

28      Page 79, line 18, after ("and") insert ("to")

Schedule 4

BY THE LORD SIMON OF HIGHBURY

29      Page 86, line 39, leave out ("unless") and insert ("except where")

30      Page 87, line 18, leave out ("failure") and insert ("refusal")

31      Page 87, line 29, leave out ("failing") and insert ("refusing")

32      Page 88, leave out lines 11 to 16 and insert--

    ("4. In section 13(2) of the Employment Tribunals Act 1996 (costs and expenses) the following shall cease to have effect--")

33      Page 88, line 43, leave out ("or time off under section 57A")

34      Page 89, line 38, leave out ("or time off under section 57A")

35      Page 90, line 18, leave out ("57C") and insert ("57B")

36      Page 90, line 19, leave out paragraph 34

37      Page 90, line 27, leave out ("57C") and insert ("57B")

38      Page 90, line 32, leave out ("57C") and insert ("57B")

39      Page 90, line 37, leave out ("57C") and insert ("57B")

40      Page 91, line 1, leave out paragraph 40

41      Page 91, line 24, leave out ("57A, 57C,")

42      Page 91, line 24, leave out ("81,")

Schedule 7

BY THE LORD SIMON OF HIGHBURY

43*      Page 105, line 31, leave out ("The reference in subsection (1)(eb)") and insert ("A reference in subsection (1)(ea) to (ec)")

Schedule 8

BY THE LORD RAZZALL
THE VISCOUNT THURSO
THE LORD ARCHER OF SANDWELL

44      Page 109, line 16, leave out ("all or")

45      Page 109, line 19, leave out ("all or")

BY THE LORD SIMON OF HIGHBURY

46      Page 109, line 36, leave out ("party") and insert ("applicant")

47      Page 111, line 5, after first ("programme") insert ("which is")

48      Page 111, line 15, leave out ("and") and insert ("or")

© Parliamentary copyright 1999
Prepared 15 July 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Clause 5
	BY THE LORD SIMON OF HIGHBURY
1	Page 4, line 13, leave out ("(3)") and insert ("(2)")
	Clause 10
	BY THE LORD SIMON OF HIGHBURY
2	Page 5, line 17, leave out ("the worker")
3*	Page 5, line 28, leave out from ("meaning)") to ("or") on line 30 and insert ("whom the union has reasonably certified in writing as having experience of, or as having received training in, acting as a worker's companion at disciplinary or grievance hearings")
	Clause 15
	BY THE LORD SIMON OF HIGHBURY
4	Page 8, line 28, after ("13") insert ("of this Act")
	Clause 17
	BY THE LORD SIMON OF HIGHBURY
5	Page 8, line 37, leave out ("subject") and insert ("subjected")
	After Clause 17
	BY THE LORD RAZZALL
6	Insert the following new Clause--
	(" .--(1) The Secretary of State may make regulations for the purpose of prohibiting, in relation to any employment matter, discrimination by an employer against another person on grounds of that person's sexual orientation. (2) In subsection (1) "employment matter" includes-- (a) the offer or refusal of employment; (b) the termination of employment; (c) terms and conditions of employment; (d) the provision of training or skills development opportunities; (e) promotion and career progression. (3) Regulations under subsection (1) may-- (a) specify the types of action, or failure to take action, which are to be taken to constitute discrimination for the purpose of this section; (b) confer jurisdiction (including exclusive jurisdiction) on employment tribunals and on the Employment Appeal Tribunal in relation to cases brought under this section; (c) provide for penalties to be imposed or, as the case may be, compensation to be awarded in respect of offences committed under paragraph (a) above. (4) No regulations shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.")		Discrimination in the work-place on grounds of sexual orientation.
	Clause 32
	BY THE LORD SIMON OF HIGHBURY
7*	Page 16, leave out lines 23 to 28 and insert-- ("(7) The provisions mentioned in subsection (8) apply to employment on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 if and only if-- (a) the ship's entry in the register specifies a port in Great Britain as the port to which the vessel is to be treated as belonging, (b) under his contract of employment the person employed does not work wholly outside Great Britain, and (c) the person employed is ordinarily resident in Great Britain.")
	Clause 46
	BY THE LORD SIMON OF HIGHBURY
8	Page 20, line 24, leave out ("section 39") and insert ("sections 39 and 45")
	Schedule 1
	BY THE LORD SIMON OF HIGHBURY
9	Page 21, line 36, at end insert ("or 44")
10*	Page 22, line 21, leave out from ("registered") to end of line 23 and insert ("in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Great Britain unless-- (a) the ship's entry in the register specifies a port outside Great Britain as the port to which the vessel is to be treated as belonging,")
	BY THE BARONESS MILLER OF HENDON THE LORD MACKAY OF ARDBRECKNISH THE BARONESS SECCOMBE
11	Page 31, line 5, at end insert ("if it is part of a business employing more than 50 workers in total, or at least 50 per cent of the workers if there are more than 20 but less than 51 workers employed by the said business on either of the dates referred to in paragraph 7(1) of this Schedule")
	BY THE LORD SIMON OF HIGHBURY
12	Page 32, line 36, leave out ("An agreement for or") and insert ("A")
13	Page 32, line 38, after ("effect") insert ("to the extent specified in paragraph 83(2)")
14	Page 35, line 22, leave out ("An agreement for or") and insert ("A")
15	Page 35, line 24, after ("effect") insert ("to the extent specified in paragraph 83(2)")
16*	Page 40, line 18, leave out from ("registered") to end of line 20 and insert ("in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Great Britain unless-- (a) the ship's entry in the register specifies a port outside Great Britain as the port to which the vessel is to be treated as belonging,")
17	Page 40, line 24, leave out ("(2)(a)") and insert ("(2)")
18	Page 40, line 40, at end insert ("or 59")
19	Page 40, line 42, leave out ("58") and insert ("60")
20	Page 49, line 4, leave out ("or 47")
21	Page 49, line 48, leave out ("or agreement")
22	Page 50, line 48, leave out ("or agreement")
23	Page 51, line 36, leave out ("or agreement")
24	Page 53, line 49, at end insert-- ("(4A) In relation to a residual unit in relation to which a declaration is issued under paragraph 91, references to collective bargaining are to negotiations relating to the matters which were the subject of collective bargaining in relation to the corresponding parent unit.")
25	Page 54, line 1, leave out ("67(5)(b)")
26*	Page 55, line 28, leave out from ("registered") to end of line 30 and insert ("in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Great Britain unless-- (a) the ship's entry in the register specifies a port outside Great Britain as the port to which the vessel is to be treated as belonging,")
	Schedule 3
	BY THE LORD SIMON OF HIGHBURY
27*	Page 78, line 41, at end insert--
	("Separate workplace ballots
	. The following shall be substituted for section 228 (separate workplace ballots)--
	Separate workplace ballots.	228.--(1) Subject to subsection (2), this section applies if the members entitled to vote in a ballot by virtue of section 227 do not all have the same workplace. (2) This section does not apply if the union reasonably believes that all those members have the same workplace. (3) Subject to section 228A, a separate ballot shall be held for each workplace; and entitlement to vote in each ballot shall be accorded equally to, and restricted to, members of the union who-- (a) are entitled to vote by virtue of section 227, and (b) have that workplace. (4) In this section and section 228A "workplace" in relation to a person who is employed means-- (a) if the person works at or from a single set of premises, those premises, and (b) in any other case, the premises with which the person's employment has the closest connection.
	Separate workplaces: single and aggregate ballots.	228A.--(1) Where section 228(3) would require separate ballots to be held for each workplace, a ballot may be held in place of some or all of the separate ballots if one of subsections (2) to (4) is satisfied in relation to it. (2) This subsection is satisfied in relation to a ballot if the workplace of each member entitled to vote in the ballot is the workplace of at least one member of the union who is affected by the dispute. (3) This subsection is satisfied in relation to a ballot if entitlement to vote is accorded to, and limited to, all the members of the union who-- (a) according to the union's reasonable belief have an occupation of a particular kind or have any of a number of particular kinds of occupation, and (b) are employed by a particular employer, or by any of a number of particular employers, with whom the union is in dispute. (4) This subsection is satisfied in relation to a ballot if entitlement to vote is accorded to, and limited to, all the members of the union who are employed by a particular employer, or by any of a number of particular employers, with whom the union is in dispute. (5) For the purposes of subsection (2) the following are members of the union affected by a dispute-- (a) if the dispute relates (wholly or partly) to a decision which the union reasonably believes the employer has made or will make concerning a matter specified in subsection (1)(a), (b) or (c) of section 244 (meaning of "trade dispute"), members whom the decision directly affects, (b) if the dispute relates (wholly or partly) to a matter specified in subsection (1)(d) of that section, members whom the matter directly affects, (c) if the dispute relates (wholly or partly) to a matter specified in subsection (1)(e) of that section, persons whose membership or non-membership is in dispute, (d) if the dispute relates (wholly or partly) to a matter specified in subsection (1)(f) of that section, officials of the union who have used or would use the facilities concerned in the dispute." ")
28	Page 79, line 18, after ("and") insert ("to")
	Schedule 4
	BY THE LORD SIMON OF HIGHBURY
29	Page 86, line 39, leave out ("unless") and insert ("except where")
30	Page 87, line 18, leave out ("failure") and insert ("refusal")
31	Page 87, line 29, leave out ("failing") and insert ("refusing")
32	Page 88, leave out lines 11 to 16 and insert-- ("4. In section 13(2) of the Employment Tribunals Act 1996 (costs and expenses) the following shall cease to have effect--")
33	Page 88, line 43, leave out ("or time off under section 57A")
34	Page 89, line 38, leave out ("or time off under section 57A")
35	Page 90, line 18, leave out ("57C") and insert ("57B")
36	Page 90, line 19, leave out paragraph 34
37	Page 90, line 27, leave out ("57C") and insert ("57B")
38	Page 90, line 32, leave out ("57C") and insert ("57B")
39	Page 90, line 37, leave out ("57C") and insert ("57B")
40	Page 91, line 1, leave out paragraph 40
41	Page 91, line 24, leave out ("57A, 57C,")
42	Page 91, line 24, leave out ("81,")
	Schedule 7
	BY THE LORD SIMON OF HIGHBURY
43*	Page 105, line 31, leave out ("The reference in subsection (1)(eb)") and insert ("A reference in subsection (1)(ea) to (ec)")
	Schedule 8
	BY THE LORD RAZZALL THE VISCOUNT THURSO THE LORD ARCHER OF SANDWELL
44	Page 109, line 16, leave out ("all or")
45	Page 109, line 19, leave out ("all or")
	BY THE LORD SIMON OF HIGHBURY
46	Page 109, line 36, leave out ("party") and insert ("applicant")
47	Page 111, line 5, after first ("programme") insert ("which is")
48	Page 111, line 15, leave out ("and") and insert ("or")