Amendments proposed to the Employment Bill - continued House of Commons

back to previous text
   

Brian Cotter
Norman Lamb

(a)

Line     6,     after 'apply', insert 'in writing'.

   

Mr Philip Hammond
Mr Charles Hendry

(l)

Line     11,     leave out sub-paragraph (iii).

   

Mr Philip Hammond
Mr Charles Hendry

(m)

Line     13,     leave out sub-paragraph (iv).

   

Mr Philip Hammond
Mr Charles Hendry

(n)

Line     21,     after 'must', insert 'be in writing and'.

   

Mr Philip Hammond
Mr Charles Hendry

(bb)

Line     24,     at end insert—

      '(bb) specify the reason the employee requires the change in his terms and conditions for the purpose of the care of a child.'.

   

Brian Cotter
Norman Lamb

(b)

Line     25,     leave out paragraph (c).

   

Brian Cotter
Norman Lamb

(c)

Line     32,     leave out first 'day' and insert 'week'.

   

Mr Philip Hammond
Mr Charles Hendry

(z)

Line     37,     at end insert 'and any application made under this section shall be taken to be an application permanently to change the employee's terms and conditions of employment.'.

   

Mr Philip Hammond
Mr Charles Hendry

(o)

Line     50,     leave out sub-paragraph (i) and insert—

      '(i) has been continuously employed by his employer for a period of 26 weeks'.

   

Brian Cotter
Norman Lamb

(d)

Line     57,     at end insert—

    '(9)   For the purposes of this section an employer shall have the right to request that an employee reverts back to the original terms and conditions of employment, once the child reaches the age limits prescribed in subsection 3.'.

   

Mr Philip Hammond
Mr Charles Hendry

(t)

Line     63,     leave out from 'he' to end of line 64 and insert 'reasonably considers that to comply with the request in the application would result in him facing one or more of'.

   

Mr Philip Hammond
Mr Charles Hendry

(p)

Line     65,     leave out 'the burden of additional costs' and insert 'material additional cost'.

   

Mr Philip Hammond
Mr Charles Hendry

(q)

Line     68,     leave out 'staff' and insert 'employees'.

   

Mr Philip Hammond
Mr Charles Hendry

(r)

Line     69,     leave out 'staff' and insert 'employees of similar capability on similar terms and conditions'.

   

Mr Philip Hammond
Mr Charles Hendry

(s)

Line     74,     at beginning insert 'Incompatibility with'.

   

Mr Philip Hammond
Mr Charles Hendry

(u)

Line     75,     leave out sub-paragraph (ix) and insert 'or because he reasonably considers that he is entitled to refuse the application on such other grounds as the Secretary of State may specify in regulations'.

   

Brian Cotter
Norman Lamb

(e)

Line     80,     leave out '80G' and insert '80F'.

   

Brian Cotter
Norman Lamb

(f)

Line     83,     after first 'of', insert 'written'.

   

Brian Cotter
Norman Lamb

(g)

Line     88,     after 'appeal', insert 'to the employer'.

   

Brian Cotter
Norman Lamb

(h)

Line     93,     at end insert 'in writing'.

   

Brian Cotter
Norman Lamb

(i)

Line     100,     leave out 'discuss' and insert 'hear'.

   

Brian Cotter
Norman Lamb

(j)

Line     101,     after 'employee', insert 'written'.

   

Mr Philip Hammond
Mr Charles Hendry

(v)

Line     110,     leave out from 'a' to end of line 111 and insert 'fellow employee or a representative of a recognised Trade Union'.

   

Brian Cotter
Norman Lamb

(k)

Line     111,     leave out 'the regulations may specify' and insert 'referred to in section 10 of the Employment Relations Act 1999'.

   

Mr Philip Hammond
Mr Charles Hendry

(aa)

Line     111,     at end insert—

      '(kk) provision for the employer to be accompanied by an official or representative of an organisation of which he is a member, where the employee has exercised his right under (k) above.'.

   

Mr Philip Hammond
Mr Charles Hendry

(y)

Line     134,     at end insert—

'80GG

    (1)   An employer who accepts an application made in accordance with section 80F above shall be entitled to reduce pro-rata in respect of any reduction in working hours by the employee, any benefits paid to the employee.

    (2)   Where the nature of a benefit renders impossible pro-rata reduction in accordance with subsection (1) above, the employer may instead withdraw the benefit and make a pro-rata cash payment in lieu of the benefit to the employee, based on the value of the benefit payable prior to the application being made.'.

   

Mr Philip Hammond
Mr Charles Hendry

(w)

Line     141,     after 'on', insert 'materially'.

   

Mr Philip Hammond
Mr Charles Hendry

(x)

Line     180,     at end insert 'having regard to the loss sustained by the complainant as a consequence of his employer's refusal of the application'.


REMAINING NEW CLAUSES

Fixed-term work: Northern Ireland
   

Mr Alan Johnson

NC3

To move the following Clause:—

    (1)   The Department for Employment and Learning shall make regulations—

      (a) for the purpose of securing that employees in fixed-term employment are treated, for such purposes and to such extent as the regulations may specify, no less favourably than employees in permanent employment, and

      (b) for the purpose of preventing abuse arising from the use of successive periods of fixed-term employment.

    (2)   The regulations may—

      (a) specify classes of employee who are to be taken to be, or not to be, in fixed-term employment;

      (b) specify classes of employee who are to be taken to be, or not to be, in permanent employment;

      (c) specify circumstances in which employees in fixed-term employment are to be taken to be, or not to be, treated less favourably than employees in permanent employment;

      (d) specify circumstances in which periods of fixed-term employment are to be taken to be, or not to be, successive;

      (e) specify circumstances in which fixed-term employment is to have effect as permanent employment;

      (f) make provision which has effect in relation to employees in fixed-term employment generally or provision which has effect only in relation to specified classes of employee in fixed-term employment.

    (3)   The regulations may—

      (a) confer jurisdiction (including exclusive jurisdiction) on industrial tribunals;

      (b) provide for specified obligations not to apply in specified circumstances;

      (c) make provision about notices or information to be given, evidence to be produced and other procedures to be followed;

      (d) amend, apply with or without modifications, or make provision similar to any provision of—

      (i)   the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919) (including, in particular, Parts 6, 11 and 15),

      (ii)   the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)), or

      (iii)   the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c.7);

      (e) provide for the provisions of specified agreements to have effect in place of provisions of the regulations to such extent and in such circumstances as may be specified.

    (4)   Without prejudice to the generality of this section, the regulations may make any provision in relation to employees which appears to the Department for Employment and Learning to be necessary or expedient—

      (a) for the purpose of implementing Council Directive 99/70/EC on the framework agreement on fixed-term work in its application to terms and conditions of employment;

      (b) for the purpose of dealing with any matter arising out of or related to the United Kingdom's obligations under that Directive;

      (c) for the purpose of any matter dealt with by the framework agreement or for the purpose of applying the provisions of the framework agreement to any matter relating to fixed term workers.

    (5)   Power to make regulations under this section includes power—

      (a) to make different provision for different cases or circumstances;

      (b) to make such incidental, supplementary, consequential or transitional provision as the Department for Employment and Learning thinks fit, including provision amending an enactment.

    (6)   Power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

    (7)   Regulations under this section shall not be made unless a draft of them has been laid before and approved by resolution of the Northern Ireland Assembly.

    (8)   In this section—

      (a) "employee" means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment, and

      (b) "contract of employment" means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.'.


Repeal of section 109 of Employment Rights Act 1996
   

Hywel Williams

NC1

To move the following Clause:—

       '.—Section 109 of the Employment Rights Act 1996 (c. 18) (Upper age limit) is hereby repealed.'.

 
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