Employment Relations Bill - continued        House of Lords

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Other rights of individuals
Unfair dismissal of striking workers.     14. Schedule 5 shall have effect.
 
Collective agreements: detriment and dismissal.     15. - (1) The Secretary of State may make regulations about cases where a worker-
 
 
    (a) is subject to detriment by his employer, or
 
    (b) is dismissed,
  on the grounds that he refuses to enter into a contract which includes terms which differ from the terms of a collective agreement which applies to him.
 
      (2) The regulations may-
 
 
    (a) make provision which applies only in specified classes of case;
 
    (b) make different provision for different circumstances;
 
    (c) include supplementary, incidental and transitional provision.
      (3) In this section-
 
 
    "collective agreement" has the meaning given by section 178(1) of the Trade Union and Labour Relations (Consolidation) Act 1992; and
 
    "employer" and "worker" have the same meaning as in section 296 of that Act.
Agreement to exclude dismissal rights.     16. - (1) In section 197 of the Employment Rights Act 1996 (fixed-term contracts) subsections (1) and (2) (agreement to exclude unfair dismissal provisions) shall be omitted; and subsections (2) to (5) below shall have effect in consequence.
 
      (2) In sections 44(4), 46(2), 47(2), 47A(2) and 47B(2) of that Act-
 
 
    (a) the words from the beginning to "the dismissal," shall be omitted, and
 
    (b) for "that Part" there shall be substituted "Part X".
      (3) In section 45A(4) of that Act the words from ", unless" to the end shall be omitted.
 
      (4) In section 23 of the National Minimum Wage Act 1998, for subsection (4) there shall be substituted-
 
 
    "(4) This section does not apply where the detriment in question amounts to dismissal within the meaning of-
 
 
    (a) Part X of the Employment Rights Act 1996 (unfair dismissal), or
 
    (b) Part XI of the Employment Rights (Northern Ireland) Order 1996 (corresponding provision for Northern Ireland),
  except where in relation to Northern Ireland the person in question is dismissed in circumstances in which, by virtue of Article 240 of that Order (fixed term contracts), Part XI does not apply to the dismissal."
 
      (5) In paragraph 1 of Schedule 3 to the Tax Credits Act 1999, for sub-paragraph (3) there shall be substituted-
 
 
    "(3) This paragraph does not apply where the detriment in question amounts to dismissal within the meaning of-
 
 
    (a) Part X of the Employment Rights Act 1996 (unfair dismissal), or
 
    (b) Part XI of the Employment Rights (Northern Ireland) Order 1996 (corresponding provision for Northern Ireland),
  except where in relation to Northern Ireland the employee is dismissed in circumstances in which, by virtue of Article 240 of that Order (fixed term contracts), Part XI does not apply to the dismissal."
 
Part-time work: discrimination.     17. - (1) The Secretary of State shall make regulations for the purpose of securing that persons in part-time employment are treated, for such purposes and to such extent as the regulations may specify, no less favourably than persons in full-time employment.
 
      (2) The regulations may-
 
 
    (a) specify classes of person who are to be taken to be, or not to be, in part-time employment;
 
    (b) specify classes of person who are to be taken to be, or not to be, in full-time employment;
 
    (c) specify circumstances in which persons in part-time employment are to be taken to be, or not to be, treated less favourably than persons in full-time employment;
 
    (d) make provision which has effect in relation to persons in part-time employment generally or provision which has effect only in relation to specified classes of persons in part-time employment.
      (3) The regulations may-
 
 
    (a) confer jurisdiction (including exclusive jurisdiction) on employment tribunals and on the Employment Appeal Tribunal;
 
    (b) create criminal offences in relation to specified acts or omissions by an employer, by an organisation of employers, by an organisation of workers or by an organisation existing for the purposes of a profession or trade carried on by the organisation's members;
 
    (c) in specified cases or circumstances, extend liability for a criminal offence created under paragraph (b) to a person who aids the commission of the offence or to a person who is an agent, principal, employee, employer or officer of a person who commits the offence;
 
    (d) provide for specified obligations or offences not to apply in specified circumstances;
 
    (e) make provision about notices or information to be given, evidence to be produced and other procedures to be followed;
 
    (f) amend, apply with or without modifications, or make provision similar to any provision of the Employment Rights Act 1996 (including, in particular, Parts V, X and XIII) or the Trade Union and Labour Relations (Consolidation) Act 1992;
 
    (g) 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;
 
    (h) include supplemental, incidental, consequential and transitional provision, including provision amending an enactment;
 
    (i) make different provision for different cases or circumstances.
      (4) Without prejudice to the generality of this section the regulations may make any provision which appears to the Secretary of State to be necessary or expedient-
 
 
    (a) for the purpose of implementing Council Directive 97/81/EC on the framework agreement on part-time 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 part-time workers.
Part-time work: code of practice.     18. - (1) The Secretary of State may issue codes of practice containing guidance for the purpose of-
 
 
    (a) eliminating discrimination in the field of employment against part-time workers;
 
    (b) facilitating the development of opportunities for part-time work;
 
    (c) facilitating the flexible organisation of working time taking into account the needs of workers and employers;
 
    (d) any matter dealt with in the framework agreement on part-time work annexed to Council Directive 97/81/EC.
      (2) The Secretary of State may revise a code and issue the whole or part of the revised code.
 
      (3) A person's failure to observe a provision of a code does not make him liable to any proceedings.
 
      (4) A code-
 
 
    (a) is admissible in evidence in proceedings before an employment tribunal, and
 
    (b) shall be taken into account by an employment tribunal in any case in which it appears to the tribunal to be relevant.
Code of practice: supplemental.     19. - (1) Before issuing or revising a code of practice under section 18 the Secretary of State shall consult such persons as he considers appropriate.
 
      (2) Before issuing a code the Secretary of State shall-
 
 
    (a) publish a draft code,
 
    (b) consider any representations made to him about the draft,
 
    (c) if he thinks it appropriate, modify the draft in the light of any representations made to him.
      (3) If, having followed the procedure under subsection (2), the Secretary of State decides to issue a code, he shall lay a draft code before each House of Parliament.
 
      (4) If the draft code is approved by resolution of each House of Parliament, the Secretary of State shall issue the code in the form of the draft.
 
      (5) In this section and section 18(3) and (4)-
 
 
    (a) a reference to a code includes a reference to a revised code,
 
    (b) a reference to a draft code includes a reference to a draft revision, and
 
    (c) a reference to issuing a code includes a reference to issuing part of a revised code.
Power to confer rights on individuals.     20. - (1) This section applies to any right conferred on an individual against an employer (however defined) under or by virtue of any of the following-
 
 
    (a) the Trade Union and Labour Relations (Consolidation) Act 1992;
 
    (b) the Employment Rights Act 1996;
 
    (c) this Act;
 
    (d) any instrument made under section 2(2) of the European Communities Act 1972.
      (2) The Secretary of State may by order make provision which has the effect of conferring any such right on individuals who are of a specified description.
 
      (3) The reference in subsection (2) to individuals includes a reference to individuals expressly excluded from exercising the right.
 
      (4) An order under this section may-
 
 
    (a) provide that individuals are to be treated as parties to workers' contracts or contracts of employment;
 
    (b) make provision as to who are to be regarded as the employers of individuals;
 
    (c) make provision which has the effect of modifying the operation of any right as conferred on individuals by the order;
 
    (d) include such consequential, incidental or supplementary provisions as the Secretary of State thinks fit.
      (5) An order under this section may make provision in such way as the Secretary of State thinks fit, whether by amending Acts or instruments or otherwise.
 
      (6) Section 209(7) of the Employment Rights Act 1996 (which is superseded by this section) shall be omitted.
 
      (7) Any order made or having effect as if made under section 209(7), so far as effective immediately before the commencement of this section, shall have effect as if made under this section.
 
 
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