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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 Marshalled List of Amendments to the Employment Relations Bill to be moved on Third Reading in the House of Lords.

 The amendments have been marshalled in accordance with the instruction of 26th May 1999, as follows-- 
 Clause 1
Schedule 1
Clause 2
Schedule 2
Clauses 3 and 4
Schedule 3
Clauses 5 to 9
Schedule 4
Clauses 10 to 14
Schedule 5
Clauses 15 to 25
Schedule 6
Clauses 26 and 27
Schedule 7
Clauses 28 to 35
Schedule 8
Clauses 36 to 38
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Schedule 1
 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
1     Page 17, line 26, after ("holidays;") insert ("and
    (b)  any of the other matters mentioned in section 178(2), which the CAC specifies as within, or as relevant to, the method by which the parties are to conduct collective bargaining;")
 
  
BY THE LORD SIMON OF HIGHBURY
 
2*     Page 17, line 29, at end insert--
 
    ("(8)  The meaning of collective bargaining given by section 178(1) shall not apply.
 
    (9)  Sub-paragraphs (6) to (8) do not apply in construing paragraph 30.").
 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
3     Page 17, line 29, at end insert--
 
    ("(8)  References to a breach of anything made legally binding on a party by any provision of this Part refer to liability for breach of contract (with such limitations as to remedies as are set out) and no other breach of duty or liability is thereby created, whether in the law of tort or otherwise.")
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
4     Page 17, line 39, leave out ("21") and insert ("50") 
5     Page 17, line 40, leave out ("21") and insert ("50") 
6     Page 18, line 16, at end insert--
 
    ("(  )  For the purposes of sub-paragraphs (1)(a) and (1)(b) there shall be excluded from the number of persons classified as "workers"--
    (a)  directors or any company secretary or manager or other officers of a limited company,
    (b)  shareholders in any private limited company or company whose shares are not quoted on any recognised stock exchange, and
    (c)  members of a partnership.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
7*     Page 18, line 22, at end insert ("and
    (b)  may include supplementary, incidental, saving or transitional provisions.")
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
8     Page 18, line 28, at end insert ("; and
    (d)  identifies any specific issues on which the union or unions are currently seeking recognition, or will seek recognition in the future, or both.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
9*     Page 18, line 40, leave out ("in the second period") 
10*     Page 18, line 43, leave out ("in") and insert ("before the end of") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
11     Page 18, line 47, leave out ("10") and insert ("20") 
  
BY THE LORD SIMON OF HIGHBURY
 
12*     Page 18, line 48, at end insert ("for recognition") 
13*     Page 19, line 2, leave out ("28") and insert ("20 working") 
14*     Page 19, line 21, leave out ("in") and insert ("before the end of") 
15*     Page 19, line 30, leave out ("in") and insert ("before the end of") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
16     Page 19, line 36, leave out ("10") and insert ("20") 
  
BY THE LORD SIMON OF HIGHBURY
 
17*     Page 20, line 14, after ("day") insert ("after that on which") 
18*     Page 20, line 40, after ("is") insert ("made in accordance with paragraph 10 or 11 and") 
19*     Page 20, line 43, at end insert ("made in accordance with paragraph 10 or 11 or is not") 
20*     Page 21, line 1, after second ("is") insert ("made in accordance with paragraph 10 or 11 and is") 
21*     Page 21, line 6, after ("day") insert ("after that on which") 
22*     Page 21, line 9, at end insert-- 
 ("Withdrawal of application 
     14A.--(1) If an application under paragraph 10 or 11 is accepted by the CAC, the union (or unions) may not withdraw the application--
    (a)  after the CAC issues a declaration under paragraph 19(2), or
    (b)  after the union (or the last of the unions) receives notice under paragraph 19(3) or 20(2).
    (2)  If an application is withdrawn by the union (or unions)--
    (a)  the CAC must give notice of the withdrawal to the employer, and
    (b)  no further steps are to be taken under this Part of this Schedule.")
 
23*     Page 21, line 15, leave out ("28") and insert ("20 working") 
24*     Page 21, line 16, leave out ("accepts the application for decision,") and insert ("gives notice of acceptance of the application,") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
25     Page 21, line 30, leave out ("compatible with") and insert ("supportive of") 
  
BY THE LORD SIMON OF HIGHBURY
 
26*     Page 21, line 41, at end insert--
 
    ("(4A)  The CAC must give notice of its decision to the parties.")
 
27*     Page 21, leave out lines 42 to 44 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
28*     Page 22, line 10, at end insert (", and
    (c)  the qualifying members for the purposes of this sub-paragraph are fully paid up and their membership has not ceased or been suspended owing to resignation, disqualification or the non-payment of dues or internal union disciplinary procedures.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
29*     Page 22, line 33, after ("must") insert ("give notice to the parties that it intends to") 
30*     Page 23, line 9, after ("must") insert ("give notice to the parties that it intends to") 
31*     Page 23, line 11, at end insert--
 
    ("20A.--(1) This paragraph applies if the CAC gives notice under paragraph 19(3) or 20(2).
 
    (2)  Within the notification period--
    (a)  the union (or unions), or
    (b)  the union (or unions) and the employer,
may notify the CAC that the party making the notification does not (or the parties making the notification do not) want the CAC to arrange for the holding of the ballot.
 
    (3)  If the CAC is so notified--
    (a)  it must not arrange for the holding of the ballot,
    (b)  it must inform the parties that it will not arrange for the holding of the ballot, and why, and
    (c)  no further steps are to be taken under this Part of this Schedule.
    (4)  If the CAC is not so notified it must arrange for the holding of the ballot.
 
    (5)  The notification period is the period of 10 working days starting--
    (a)  for the purposes of sub-paragraph (2)(a), with the day on which the union (or last of the unions) receives the CAC's notice under paragraph 19(3) or 20(2), or
    (b)  for the purposes of sub-paragraph (2)(b), with that day or (if later) the day on which the employer receives the CAC's notice under paragraph 19(3) or 20(2).")
 
32*     Page 23, line 12, leave out ("19 or 20") and insert ("20A") 
33*     Page 23, line 19, leave out from ("may") to end of line 20 and insert ("decide") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
34     Page 23, line 21, leave out from beginning to ("In") in line 25 and insert--
 
    ("(4)  The ballot may be conducted--
    (a)  at a workplace or workplaces decided by the CAC, or
    (b)  by post, or
    (c)  by the employment of proxies, or
    (d)  by a mixture of the methods set out in (a), (b) and (c),
depending on the CAC's preference, having regard to the need to encourage a high turnout of employees in the ballot.
 
    (5)  In addition to the need to encourage a high turnout,")
 
  
BY THE LORD SIMON OF HIGHBURY
 
35*     Page 23, line 23, at end insert ("or
    (c)  by a combination of the methods described in paragraphs (a) and (b),")
 
36*     Page 23, line 30, at end insert--
 
    ("(5A)  The CAC may not decide that the ballot is to be conducted as mentioned in sub-paragraph (4)(c) unless there are special factors making such a decision appropriate; and special factors include--
    (a)  factors arising from the location of workers or the nature of their employment;
    (b)  factors put to the CAC by the employer or the union (or unions).")
 
37*     Page 23, line 40, leave out ("has decided") and insert ("is required under paragraph 20A") 
38*     Page 23, line 42, leave out ("of the decision") and insert ("that it is so required") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
39     Page 24, line 9, at end insert ("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") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
40     Page 24, line 9, at end insert ("; and the employer shall, upon receiving a request from the union, provide to the union within seven days of its receipt--
    (a)  the names of all the employees constituting the bargaining unit, and
    (b)  details of facilities at the place (or places) of work where the union may conveniently hold meetings of all such employees.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
41*     Page 24, line 12, at end insert ("after that on which") 
42*     Page 24, line 50, leave out ("19 or 20") and insert ("20A") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
43     Page 25, line 2, leave out from beginning to ("by") in line 3 
44     Page 25, line 4, leave out ("their half of") 
45     Page 25, line 8, leave out ("the employer and") 
  
BY THE LORD SIMON OF HIGHBURY
 
46*     Page 25, line 9, leave out ("written") 
47*     Page 25, line 13, leave out ("21 days starting with the day") and insert ("15 working days starting with the day after that on which") 
48*     Page 25, line 44, after ("declaration") insert ("under this Part of this Schedule") 
49*     Page 26, line 4, leave out ("42") and insert ("30 working") 
50*     Page 26, line 6, after second ("day") insert ("after that") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
51     Page 26, line 14, after ("effect") insert (", subject to the following provisions of this paragraph,") 
52     Page 26, line 21, at end insert--
 
    ("(5A)  But all or part of--
    (a)  a method falling within sub-paragraph (4),
    (b)  any instrument or agreement to which any other part of this paragraph applies,
shall not have legally enforceable effect to the extent that the parties agree in writing, however expressed.
 
    (5B)  The parties may make an agreement to which sub-paragraph (5) applies and provide that a designated part of that written agreement is not legally binding.")
 
53     Page 26, line 23, at end insert--
 
    ("(  )  In determining a complaint where the only remedy available is specific performance under sub-paragraph (6), the court shall not imply any term in the relevant contract, method or agreement falling within this paragraph which affects--
    (a)  the rights of employers, workers or an independent trade union to take action in contemplation or furtherance of a trade dispute, or
    (b)  the operation of subsections (2) and (3) of section 180.")
 
54     Page 26, line 23, at end insert--
 
    ("(  )  In exercising its discretion whether or not to grant the remedy of specific performance under sub-paragraph (6), the court may, if it wishes, seek the opinion of the Employment Appeal Tribunal; but neither the court nor the Tribunal shall have regard to the merits of the parties in the industrial dispute.
 
    (  )  Where a party fails to obey an order for specific performance, the court of its own motion may hold a hearing forthwith, and if the court decides that the party failing to obey the order is in continuing default, it shall impose a penalty on that party and fix a date for a further hearing not later than seven days from that hearing.")
 
55     Page 26, line 26, at end insert--
 
    ("(7A)  No interlocutory proceedings shall be entertained by any court where the only remedy available is specific performance under sub-paragraph (6).")
 
  
BY THE LORD SIMON OF HIGHBURY
 
56*     Page 26, line 28, leave out ("28") and insert ("20 working") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
57     Page 26, line 31, at end insert--
 
    ("(  )  Where it is alleged that a party is vicariously liable for a breach of an agreement or method made legally enforceable by virtue of this paragraph, he shall be so liable by reason of the act of another person only where that person was--
    (a)  an employee acting in the course of his employment, or
    (b)  an agent acting within the scope of his authority,
and where in addition such an act would have constituted a breach of that agreement or method if done by that party:
 
    In this sub-paragraph the word "act" includes a deliberate failure to act, and similar words shall be construed accordingly.")
 
58     Page 26, line 31, at end insert--
 
    ("(  )  No person shall incur--
    (a)  any liability in tort, or
    (b)  any other civil liability except for breach of anything which is a legally enforceable contract by virtue of this paragraph,
by reason only of such a breach, whether or not the remedy of specific performance would be available under sub-paragraph (6) for the breach.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
59*     Page 26, line 33, leave out ("to the CAC under this Part of this Schedule") and insert ("under paragraph 10 or 11") 
60*     Page 26, line 42, leave out ("that a union is already") and insert ("there is already in force a collective agreement under which a union is (or unions are)") 
61*     Page 26, line 43, at end insert--
 
    ("(1A)  An agreement for or declaration of recognition which is the subject of a declaration under paragraph 64(3) must for the purposes of sub-paragraph (1) be treated as ceasing to have effect on the making of the declaration under paragraph 64(3).")
 
62*     Page 26, line 46, after ("have") insert ("(or none of the unions has)") 
63*     Page 27, line 40, leave out ("for decision an application under paragraph 10 or 11") and insert ("a relevant application") 
64*     Page 27, line 42, after ("19(2),") insert ("23(2),") 
65*     Page 27, line 44, leave out ("application under paragraph 10 or 11") and insert ("relevant application") 
66*     Page 27, line 48, at end insert--
 
    ("(2A)  A relevant application is an application under paragraph 10 or 11.")
 
67*     Page 28, line 2, leave out ("for decision an application under paragraph 10 or 11") and insert ("a relevant application") 
68*     Page 28, line 4, leave out ("application under paragraph 10 or 11") and insert ("relevant application") 
69*     Page 28, line 5, leave out ("date") and insert ("day after that on which the CAC gave notice of acceptance") 
70*     Page 28, line 10, at end insert--
 
    ("(2A)  A relevant application is an application under paragraph 10 or 11.")
 
71*     Page 28, line 20, leave out ("date of the declaration,") and insert ("day after that on which the declaration was issued,") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
72     Page 29, line 24, after ("holidays;") insert ("and
    (b)  any other matter mentioned in section 178(2), which the CAC specifies as within, or relevant to, the method by which the parties are to conduct collective bargaining,")
 
73     Page 29, line 27, leave out from ("matters") to end of line 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
74     Page 29, line 37, leave out ("21") and insert ("50") 
75     Page 29, line 38, leave out ("21") and insert ("50") 
  
BY THE LORD SIMON OF HIGHBURY
 
76*     Page 30, line 16, at end insert--
 
    ("(9)  An order made under paragraph 6(6) may also--
    (a)  provide that sub-paragraphs (2)(a), (3) and (5) to (8) of this paragraph are not to apply, or are not to apply in specified circumstances, or
    (b)  vary the number of workers for the time being specified in sub-paragraph (3).")
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
77     Page 30, line 18, after ("made") insert ("in writing") 
78     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.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
79*     Page 30, leave out lines 20 to 28 and insert--
 
    ("(2)  An application which is made by a union (or unions) to the CAC is not admissible unless the union gives (or unions give) to the employer--
    (a)  notice of the application, and
    (b)  a copy of the application and any documents supporting it.
    (3)  An application which is made by an employer to the CAC is not admissible unless the employer gives to the union (or each of the unions)--
    (a)  notice of the application, and
    (b)  a copy of the application and any documents supporting it.")
 
80*     Page 30, line 44, after ("day") insert ("after that on which") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
81     Page 31, line 7, after ("effect") insert (", subject to the provisions of this paragraph,") 
82     Page 31, line 8, at end insert--
 
    ("(3A)  For the purposes of this Part of this Schedule, all or part of a method falling within sub-paragraph (3) or any other instrument or agreement to which sub-paragraph (3) or (4) applies shall not have legally enforceable effect to the extent that the parties provide in writing, however their provision is expressed.")
 
83     Page 31, line 14, at end insert--
 
    ("(4A)  The parties may make a written agreement to which sub-paragraph (4) applies and provide, however expressed, that a designated part of that agreement is (or designated parts are) not legally binding.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
84*     Page 31, line 21, leave out ("28") and insert ("20 working") 
85*     Page 31, line 22, after ("acceptance") insert ("of") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
86     Page 31, line 23, at end insert--
 
    ("  . This part of this 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.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
87*     Page 32, line 23, leave out ("there is prima facie evidence") and insert ("it is likely") 
88*     Page 32, line 46, after ("day") insert ("after that on which") 
89*     Page 33, line 5, leave out ("(the new unit) which differs") and insert ("or units (the new unit or units) differing") 
90*     Page 33, line 7, at end insert--
 
    ("(1A)  If in the CAC's opinion the new unit (or any of the new units) contains at least one worker falling within an outside bargaining unit no further steps are to be taken under this Part of this Schedule.")
 
91*     Page 33, leave out line 8 and insert ("If sub-paragraph (1A) does not apply--") 
92*     Page 33, line 11, at end insert ("or units") 
93*     Page 33, line 12, at beginning insert ("so far as it affects workers in the new unit (or units) who fall within the original unit,") 
94*     Page 33, line 16, after ("unit") insert ("or units") 
 
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