Employment Relations Bill - continued        House of Lords

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Miscellaneous
Partnerships at work.     26 - (1) The Secretary of State may spend money or provide money to other persons for the purpose of encouraging and helping employers (or their representatives) and employees (or their representatives) to improve the way they work together.
 
      (2) Money may be provided in such way as the Secretary of State thinks fit (whether as grants or otherwise) and on such terms as he thinks fit (whether as to repayment or otherwise).
 
Employment agencies.     27. Schedule 7 shall have effect.
 
Unfair dismissal: special and additional awards.     28. - (1) The following provisions (which require, or relate to, the making of special awards by employment tribunals in unfair dismissal cases) shall cease to have effect-
 
 
    (a) sections 117(4)(b), 118(2) and (3) and 125 of the Employment Rights Act 1996 (and the word "or" before section 117(4)(b));
 
    (b) sections 157 and 158 of the Trade Union and Labour Relations (Consolidation) Act 1992.
      (2) In section 117(3)(b) of the Employment Rights Act 1996 (amount of additional award) for "the appropriate amount" there shall be substituted "an amount not less than twenty-six nor more than fifty-two weeks' pay"; and subsections (5) and (6) of section 117 shall cease to have effect.
 
Indexation of amounts, &c.     29. - (1) This section applies to the sums specified in the following provisions-
 
 
    (a) section 31(1) of the Employment Rights Act 1996 (guarantee payments: limits);
 
    (b) section 120(1) of that Act (unfair dismissal: minimum amount of basic award);
 
    (c) section 124(1) of that Act (unfair dismissal: limit of compensatory award);
 
    (d) section 186(1)(a) and (b) of that Act (employee's rights on insolvency of employer: maximum amount payable);
 
    (e) section 227(1) of that Act (maximum amount of a week's pay for purposes of certain calculations);
 
    (f) section 156(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (unfair dismissal: minimum basic award);
 
    (g) section 176(6) of that Act (right to membership of trade union: remedies).
      (2) If the retail prices index for September of a year is higher or lower than the index for the previous September, the Secretary of State shall as soon as practicable make an order in relation to each sum mentioned in subsection (1)-
 
 
    (a) increasing each sum, if the new index is higher, or
 
    (b) decreasing each sum, if the new index is lower,
  by the same percentage as the amount of the increase or decrease of the index.
 
      (3) In making the calculation required by subsection (2) the Secretary of State shall-
 
 
    (a) in the case of the sum mentioned in subsection (1)(a), round the result up to the nearest 10 pence,
 
    (b) in the case of the sums mentioned in subsection (1)(b), (c), (f) and (g), round the result up to the nearest £100, and
 
    (c) in the case of the sums mentioned in subsection (1)(d) and (e), round the result up to the nearest £10.
      (4) For the sum specified in section 124(1) of the Employment Rights Act 1996 (unfair dismissal: limit of compensatory award) there shall be substituted the sum of £50,000 (subject to subsection (2) above).
 
      (5) In this section "the retail prices index" means-
 
 
    (a) the general index of retail prices (for all items) published by the Office for National Statistics, or
 
    (b) where that index is not published for a month, any substituted index or figures published by that Office.
      (6) An order under this section-
 
 
    (a) shall be made by statutory instrument,
 
    (b) may include transitional provision, and
 
    (c) shall be laid before Parliament after being made.
Guarantee payments.     30. For section 31(7) of the Employment Rights Act 1996 (guarantee payments: limits) there shall be substituted-
 
 
    "(7) The Secretary of State may by order vary-
 
 
    (a) the length of the period specified in subsection (2);
 
    (b) a limit specified in subsection (3) or (4)."
Sections 28 to 30: consequential.     31. - (1) The following provisions (which confer power to increase sums) shall cease to have effect-
 
 
    (a) sections 120(2), 124(2), 186(2) and 227(2) to (4) of the Employment Rights Act 1996;
 
    (b) sections 159 and 176(7) and (8) of the Trade Union and Labour Relations (Consolidation) Act 1992.
      (2) Section 208 of the Employment Rights Act 1996 (review of limits) shall cease to have effect.
 
      (3) An increase effected, before section 29 comes into force, by virtue of a provision repealed by this section shall continue to have effect notwithstanding this section (but subject to section 29(2) and (4)).
 
Compensatory award etc: removal of limit in certain cases.     32. - (1) After section 124(1) of the Employment Rights Act 1996 (limit of compensatory award etc) there shall be inserted-
 
 
    "(1A) Subsection (1) shall not apply to compensation awarded, or a compensatory award made, to a person in a case where he is regarded as unfairly dismissed by virtue of section 100, 103A, 105(3) or 105(6A)."
 
      (2) Section 127B of that Act (power to specify method of calculation of compensation where dismissal a result of protected disclosure) shall cease to have effect.
 
 
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