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back to previous amendments
| | BARONESS ROYALL OF BLAISDON |
| 70 | Page 43, line 17, leave out "colleague" and insert "comparator" |
| | LORD LESTER OF HERNE HILL |
| 71 | Page 43, line 17, leave out "colleague" and insert "person" |
| | BARONESS ROYALL OF BLAISDON |
| 72 | Page 43, line 19, leave out "colleague" and insert "comparator" |
| | LORD LESTER OF HERNE HILL |
| 73 | Page 43, line 19, leave out "colleague" and insert "person" |
| 74 | Page 43, line 19, at end insert— |
| "(2) | The references in subsection (1) to the work that B does are not restricted to work done contemporaneously with the work done by A." |
| | BARONESS ROYALL OF BLAISDON |
| 75 | Page 45, line 32, leave out from "factor" to end of line 34 and insert "reliance on which— |
| (a) | does not involve treating A less favourably because of A's sex than the responsible person treats B, and |
| (b) | if the factor is within subsection (2), is a proportionate means of achieving a legitimate aim." |
| | LORD LESTER OF HERNE HILL |
| 76 | Page 45, line 33, leave out paragraphs (a) and (b) and insert "which is not the difference of sex" |
| 77 | Page 45, line 35, leave out subsection (2) and insert— |
| "( ) | There is a difference of sex within the meaning of this section if— |
| (a) | there is less favourable treatment because of A's sex within the meaning of section 13(1), or |
| (b) | A shows that as a result of the factor, A and persons of the same sex doing work equal to A's are put at a particular disadvantage when compared with persons of the opposite sex doing work equal to A's, but the responsible person fails to show that relying on the factor is a proportionate means of achieving a legitimate aim." |
| | BARONESS ROYALL OF BLAISDON |
| 78 | Page 45, leave out lines 39 to 41 |
| 79 | Page 46, line 1, leave out "(2)" and insert "(1)" |
| 80 | [Retabled as amendment 57ZA] |
| | BARONESS MORRIS OF BOLTON |
| 80A* | Page 47, line 7, leave out subsection (1) |
| | BARONESS ROYALL OF BLAISDON |
| 80B | Page 49, line 31, leave out from "that" to end of line 33 and insert "purports to prevent or restrict the person (P) from disclosing or seeking to disclose information about the terms of P's work is unenforceable against P in so far as P makes or seeks to make a relevant pay disclosure." |
| | LORD LESTER OF HERNE HILL |
| 81 | Page 49, line 32, leave out "colleagues" and insert "other persons" |
| | BARONESS ROYALL OF BLAISDON |
| 81A | Page 49, line 33, at end insert— |
| "( ) | A term of a person's work that purports to prevent or restrict the person (P) from seeking disclosure of information from a colleague about the terms of the colleague's work is unenforceable against P in so far as P seeks a relevant pay disclosure from the colleague; and "colleague" includes a former colleague in relation to the work in question." |
| 81B | Page 49, line 34, leave out from "A" to "whether" in line 36 and insert "disclosure is a relevant pay disclosure if made for the purpose of enabling the person who makes it, or the person to whom it is made, to find out" |
| | LORD LESTER OF HERNE HILL |
| 82 | Page 49, line 34, leave out "a colleague" and insert "another person" |
| | BARONESS ROYALL OF BLAISDON |
| 82A | Page 49, line 39, leave out subsections (3) and (4) and insert— |
| "( ) | The following are to be treated as protected acts for the purposes of the relevant victimisation provision— |
| (a) | seeking a disclosure that would be a relevant pay disclosure; |
| (b) | making or seeking to make a relevant pay disclosure; |
| (c) | receiving information disclosed in a relevant pay disclosure." |
| | LORD LESTER OF HERNE HILL |
| 83 | Page 50, line 1, leave out "a colleague" and insert "another person" |
| 84 | Page 50, line 2, leave out "a colleague" and insert "another person" |
| 85 | Page 50, line 3, leave out "a colleague" and insert "another person" |
| | LORD LESTER OF HERNE HILL |
| | BARONESS ROYALL OF BLAISDON |
| 86 | Page 50, line 14, leave out subsection (6) |
| | BARONESS MORRIS OF BOLTON |
| 87 | Insert the following new Clause— |
| | "Equal pay audit following contravention by employer |
| (1) | In the event that a court or employment tribunal finds that an employer has contravened the provisions of this Act relating to equal pay, the employer shall be required to undertake an audit, to be known as an equal pay audit, and to make the results of the audit available in the prescribed manner. |
| (2) | In this section "prescribed" means prescribed in regulations made by the Secretary of State." |
| | LORD LESTER OF HERNE HILL |
| 88 | Page 50, line 17, leave out "may" and insert "shall" |
| | BARONESS MORRIS OF BOLTON |
| 89 | Page 50, line 17, leave out "by regulations" and insert "not" |
| | LORD KING OF WEST BROMWICH |
| 89A | Page 50, line 20, leave out "male and female employees" and insert— |
| "(a) | employees of different gender; |
| (b) | employees of different ethnic groups; |
| (c) | employees of different ages; and |
| (d) | employees with or without a disability" |
| | LORD LESTER OF HERNE HILL |
| 90 | Page 50, line 20, at end insert "which are discriminatory" |
| 91 | Page 50, line 22, leave out "250" and insert "100" |
| | LORD KING OF WEST BROMWICH |
| 91A | Page 51, line 2, at end insert— |
| "( ) | The information published under subsection (1) shall be made available to the whole workforce and other interested stakeholders." |
| | BARONESS MORRIS OF BOLTON |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 78 stand part of the Bill. |
| | LORD LESTER OF HERNE HILL |
| 92 | Insert the following new Clause— |
| | "Representative actions in equal pay claims |
| (1) | The Secretary of State must make regulations to permit the Equality and Human Rights Commission or a registered trade union to apply to a court or tribunal as appropriate for a representative action order in relation to a defined class of persons ("the class") who would benefit from the litigation of rights, or common issues in relation to rights, that members of the class may have as a result of the provisions of this Act. |
| (2) | The regulations shall make rules in relation to the making and termination of a representative action order and its conduct. |
| (3) | Such rules shall provide for hearings to be conducted in private when it is necessary for the issues between the members of the class and the Equality and Human Rights Commission or a registered trade union to be resolved and those issues are subject to legal professional privilege shared by members of the class. |
| (4) | Such rules shall make provision for the hearing of any issue as defined in subsection (3) to be undertaken and managed by a different judge or tribunal from the judge and tribunal that have the responsibility for determining the rights or common issue in relation to rights of the member class." |
| | BARONESS ROYALL OF BLAISDON |
| 93 | Page 51, line 6, leave out "colleague of A's only" and insert "comparator" |
| 94 | Page 51, line 15, leave out "colleague of A's only" and insert "comparator" |
| 95 | Page 51, line 18, leave out "colleague of A's only" and insert "comparator" |
| 96 | Page 51, line 24, leave out "colleague of A's only" and insert "comparator" |
| | BARONESS GIBSON OF MARKET RASEN |
| 97 | Insert the following new Clause— |
| | "Time off for trade union equality representatives |
| (1) | The Trade Union and Labour Relations Consolidation Act 1992 is amended as follows. |
| (2) | After section 168A insert— |
| "168B | Time off for trade union equality representatives |
| (1) | Subject to subsection (4), an employer shall permit an employee of his who is— |
| (a) | a member of an independent trade union recognised by the employer, and |
| (b) | an equality representative of the trade union, |
| | to take time off during his working hours for any of the purposes listed in subsection (2). |
| (a) | carrying on any of the following activities in relation to members of the trade union employed by the relevant employer— |
| (i) | analysing equality monitoring data and reviewing the impact of policies and practices on different groups; |
| (ii) | providing information and advice on equality issues; |
| (iii) | promoting the value of equality and diversity in the workplace; |
| (iv) | investigating complaints relating to equality at work; |
| (v) | supporting and advising trade union officials in the carrying out of any duties that concern equality issues; |
| (vi) | attending equality committees or forums related to equality established by the employer; |
| (b) | preparing for any of the activities listed in paragraph (a). |
| (3) | The employer is required to provide information to the representative to enable him to carry out the activities listed in subsection (2)(a)(i) and (iv). |
| (4) | Subsection (1) only applies if— |
| (a) | the trade union has given the employer notice that the employee is an equality representative of the trade union, and |
| (b) | the training condition is met in relation to him. |
| (5) | The training condition is met if— |
| (a) | the employee has undergone sufficient training to enable him to carry on the activites mentioned in subsection (2), and the trade union has given the employer notice in writing of that fact. |
| (b) | the trade union has given the employer notice in writing that the employee will be undergoing such training, or |
| (c) | within six months of the trade union giving the employer notice in writing that the employee will be undergoing such training, the employee has done so, and the trade union has given the employer notice of that fact. |
| (6) | If an employer is required to permit an employee to take time off under subsection (1), he shall also permit the employee to take time off during his working hours for the following purposes— |
| (a) | undergoing training and development activities which are relevant to his functions as an equality representative, |
| (b) | where the trade union has in the last six months given the employer notice under subsection (5)(b) in relation to the employee, undergoing such training as mentioned in subsection (5)(a). |
| (7) | The amount of time off which an employee is to be permitted to take under this section and the purposes for which, the occasions on which and any conditions subject to which time off may be so taken, are those that are reasonable in all the circumstances having regard to any relevant provision of a Code of Practice issued by the Advisory Conciliation and Arbitration Service or the Secretary of State. |
| (8) | An employee may present a complaint to an employment tribunal that his employer has failed to permit him to take time off as required by this section. |
| (9) | For the purposes of this section, a person is an equality representative of a trade union if he is appointed or elected as such in accordance with its rules."" |
| 97ZA* | Page 54, line 22, at end insert— |
| "( ) | In the application of this Part a public authority shall permit personal religious expression by those working for the authority to the greatest extent possible, consistent with the requirements of law and the interests of workplace efficiency." |
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