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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 Amendments to the Employment Relations Bill to be moved in Committee in the House of Lords.

  
After Clause 13
 
  
BY THE LORD RAZZALL
THE VISCOUNT THURSO
THE LORD MESTON
 
     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 age.
 
    (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;
    (d)  specify exceptional circumstances in which, in any proceedings arising under this section, it would be a defence for an employer to show, having regard to the nature and commercial viability of the business or undertaking in question, that--
          (i)  it was reasonable for him, in deciding to treat one employee differently from another in relation to an employment matter, to take account of the respective ages of the relevant employees, or
          (ii)  age was not a significant factor in any decision to treat one employee differently from another in relation to an employment matter.
    (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 age.
     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.
     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 specified in the regulations.
 
    (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 (general prohibition).
 
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