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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.

  
Schedule 1
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
     Page 29, line 37, leave out ("21") and insert ("50") 
     Page 29, line 38, leave out ("21") and insert ("50") 
     Page 30, line 18, after ("made") insert ("in writing") 
     Page 30, line 19, at end insert (", and
    (c) unless already provided for by the requirements of the CAC pursuant to sub-paragraph (a), it fully states the grounds of the application.")
 
     Page 31, line 23, at end insert--
 
    ("44. This part of the Schedule shall not apply to any agreement made by an employer and a union (or unions) prior to the passing of this Act to the extent that such agreement is inconsistent with the provisions of this Part, in which case the prior agreement shall prevail and paragraph 38(a) shall be construed accordingly.")
 
     Page 41, line 44, leave out ("21") and insert ("50") 
     Page 43, line 40, at end insert (", and
    (d) states the reasons why the employer seeks to end the bargaining arrangements.")
 
     Page 44, line 7, leave out ("10") and insert ("20") 
     Page 44, line 28, leave out ("10") and insert ("20") 
     Page 47, line 29, at end, inset ("provided that unless the employer otherwise agrees, such access shall only be required to be granted on each occasion outside the hours the employees are required to work and shall be restricted to such parts of the employer's premises as he may from time to time designate.") 
     Page 54, line 42, leave out from ("circumstances") to ("to") in line 43 
     Page 54, line 45, leave out ("taken to include") 
     Page 56, line 31, at end insert ("but he must provide written reasons, in an explanatory note to any draft order, for not following the recommendations of the CAC") 
     Page 57, line 18, at end insert--
 
    ("(  ) The CAC shall provide the parties to any matter dealt with by it, and make available to any other person requesting the same, written reasons for its decisions.")
 
  
Clause 3
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Page 2, line 18, at end insert--
 
    ("(  ) Regulations under this section creating an offence may not provide for it to be punishable--
    (a)  by imprisonment,
    (b)  by a fine in excess of level 5 on the standard scale in the case of an offence triable only summarily, or
    (c)  by a fine in excess of the statutory maximum in the case of summary conviction for an offence triable either way.")
 
  
Schedule 3
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
     Page 59, line 36, after ("possession") add ("or which is ascertainable by it after reasonable enquiries") 
     Page 59, leave out lines 42 to 44 and insert--
    ("(a) a notice must contain (at least) information as to the number, category and workplace of the employees concerned;")
 
     Page 60, line 21, after ("be") insert ("fair or") 
     Page 61, line 18, after ("possession") insert ("or which is ascertainable by it after reasonable enquiries") 
     Page 61, leave out lines 23 to 25 and insert--
    ("(a) a notice must contain (at least) information as to the number, category and workplace of the employees concerned;")
 
  
Schedule 4
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
     Page 62, line 40, leave out ("permit") and insert ("require") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOME
 
     Page 64, line 23, at end insert (" who is related to the employee as either a natural or adopted child or grandchild or stepchild or whom the employee has been appointed to foster or of whom the employee is otherwise in loco parentis,") 
     Page 64, line 35, leave out ("may") and insert ("shall") 
     Page 64, line 44, at end insert ("not extending beyond school leaving age unless the child has special needs;") 
     Page 64, line 47, after ("minimum") insert ("and maximum") 
     Page 64, line 48, at end insert--
    ("(f)  have regard to the reasonable requirements of businesses on whose employees rights are conferred under this Chapter.")
 
     Page 66, line 1, at end insert--
    ("provided that, wherever practical, employers may make use of records maintained for tax and other statutory purposes;")
 
     Page 67, line 25, leave out ("may") and insert ("shall") 
     Page 67, line 46, at end insert--
    ("(j)  stipulate that in all circumstances where the right is claimed, the employee shall use his best endeavours to inform the employer as soon as practical of the circumstances of the emergency and the likely duration of his absence from work.")
 
  
Before Clause 2
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOME
 
     Insert the following new Clause--Protection of action pending recognition for collective bargaining.
     (".--(1)  The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as follows.
 
    (2) After section 225 insert--
 
Action pending recognition for collective bargaining. 225A. An act is not protected if the reason, or one of the reasons, for which it is done is that an employer has refused to recognise, to any extent, a trade union for the purpose of collective bargaining and-- 
 
      (a) the procedure laid down in Part I of Schedule A1 has not yet been exhausted; or
      (b) the procedure laid down in Part I of Schedule A1 has been exhausted and the union has failed to qualify for recognition."")
 
  
Clause 16
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Page 9, line 11, at end insert--
 
    ("(6)  Section 197(1) of the Employment Rights Act 1996 does not prevent Part X of that Act from applying to a dismissal which is regarded as unfair by virtue of section 99 or 104 of that Act (pregnancy and childbirth, and assertion of statutory right).")
 
  
Clause 17
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Page 10, line 17, at end insert--
 
    ("(5)  Regulations under this section which create an offence--
    (a)  shall provide for it to be triable summarily only, and
    (b)  may not provide for it to be punishable by imprisonment or by a fine in excess of level 5 on the standard scale.")
 
  
Schedule 7
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOME
 
     Page 86, line 11, at end insert--
 
    ("Provided that regulations made under this section shall only be made with the purpose of protecting employees' rights and not otherwise to interfere with the commercial relationship between such agencies or businesses and employers."")
 
  
Clause 28
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Page 14, line 12, at end insert-- 
     ("(3)  In section 14 of the Employment Rights (Dispute Resolution) Act 1998--
    (a)  subsection (1) shall cease to have effect, and
    (b)  in subsection (2) for "that Act" substitute "the Employment Rights Act 1996".")
1998 c. 8.
  
Schedule 8
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Page 90, line 24, at end insert-- 
 ("1992 c. 52.Trade Union and Labour Relations (Consolidation) Act 1992. In Schedule A1, paragraph 122.") 
     Page 91, line 3, at end insert-- 
 ("1999 c. 00.Employment Relations Act 1999. Section 16(6).") 
     Page 94, line 17, at end insert-- 
 ("1998 c. 8.Employment Rights (Dispute Resolution) Act 1998. Section 14(1).") 
 
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Prepared 25 May 1999