Employment Relations Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
1
211*     Page 48, line 37, leave out ("written") 
212*     Page 48, line 41, leave out ("21 days starting with the day") and insert ("15 working days starting with the day after that on which") 
213*     Page 50, line 18, at end insert--
    ("(aa)  is received by the union (or each of the unions),")
 
214*     Page 50, line 25, leave out ("in relation to the request") 
215*     Page 51, line 16, after ("day") insert ("after that on which") 
216*     Page 51, line 35, after ("group") insert ("or groups") 
217*     Page 51, line 46, at end insert ("(or the groups taken together)") 
218*     Page 52, line 37, after ("day") insert ("after that on which") 
219*     Page 53, line 2, leave out ("28 days starting with the day") and insert ("20 working days starting with the day after that on which") 
220*     Page 53, line 26, leave out from ("whether") to ("but") in line 27 and insert ("sub-paragraph (1) is fulfilled") 
221*     Page 53, line 28, at end insert-- 
 ("PART VIA 
 LOSS OF INDEPENDENCe 
 Introduction 
     114A.--(1) This Part of this Schedule applies if the CAC has issued a declaration that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit.
 
    (2)  In such a case references in this Part of this Schedule to the bargaining arrangements are to the declaration and to the provisions relating to the collective bargaining method.
 
    (3)  For this purpose the provisions relating to the collective bargaining method are--
    (a)  the parties' agreement as to the method by which collective bargaining is to be conducted,
    (b)  anything effective as, or as if contained in, a legally enforceable contract and relating to the method by which collective bargaining is to be conducted, or
    (c)  any provision of Part III of this Schedule that a method of collective bargaining is to have effect.
    114B.--(1) This Part of this Schedule also applies if--
    (a)  the parties have agreed that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit,
    (b)  the CAC has specified to the parties under paragraph 43(2) the method by which they are to conduct collective bargaining, and
    (c)  the parties have not agreed in writing to replace the method or that paragraph 43(3) shall not apply.
    (2)  In such a case references in this Part of this Schedule to the bargaining arrangements are to--
    (a)  the parties' agreement mentioned in sub-paragraph (1)(a), and
    (b)  anything effective as, or as if contained in, a legally enforceable contract by virtue of paragraph 43.
    114C. References in this Part of this Schedule to the parties are to the employer and the union (or unions) concerned.
 
 Loss of certificate 
     114D.--(1) This paragraph applies if--
    (a)  only one union is a party, and
    (b)  under section 7 the Certification Officer withdraws the union's certificate of independence.
    (2)  This paragraph also applies if--
    (a)  more than one union is a party, and
    (b)  under section 7 the Certification Officer withdraws the certificate of independence of each union (whether different certificates are withdrawn on the same or on different days).
    (3)  Sub-paragraph (4) shall apply on the day after--
    (a)  the day on which the Certification Officer informs the union (or unions) of the withdrawal (or withdrawals), or
    (b)  if there is more than one union, and he informs them on different days, the last of those days.
    (4)  The bargaining arrangements shall cease to have effect; and the parties shall be taken to agree that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit concerned.
 
 Certificate re-issued 
     114E.--(1) This paragraph applies if--
    (a)  only one union is a party,
    (b)  paragraph 114D applies, and
    (c)  as a result of an appeal under section 9 against the decision to withdraw the certificate, the Certification Officer issues a certificate that the union is independent.
    (2)  This paragraph also applies if--
    (a)  more than one union is a party,
    (b)  paragraph 114D applies, and
    (c)  as a result of an appeal under section 9 against a decision to withdraw a certificate, the Certification Officer issues a certificate that any of the unions concerned is independent.
    (3)  Sub-paragraph (4) shall apply, beginning with the day after--
    (a)  the day on which the Certification Officer issues the certificate, or
    (b)  if there is more than one union, the day on which he issues the first or only certificate.
    (4)  The bargaining arrangements shall have effect again; and paragraph 114D shall cease to apply.
 
 Miscellaneous 
     114F. Parts III to VI of this Schedule shall not apply in the case of the parties at any time when, by virtue of this Part of this Schedule, the bargaining arrangements do not have effect.
 
    114G. If--
    (a)  by virtue of paragraph 114E the bargaining arrangements have effect again beginning with a particular day, and
    (b)  in consequence section 70B applies in relation to the bargaining unit concerned,
for the purposes of section 70B(3) that day shall be taken to be the day on which section 70B first applies in relation to the unit.").
 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
222     Page 54, line 7, after ("employer") insert ("other than a breach which is accidental or which is a reasonable furtherance of the principal reason for the employee's action which fell within one or more grounds set out in sub-paragraph (2),") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
223*     Page 54, line 42, leave out ("the infringement complained of and to") 
224     Page 54, line 45, leave out ("taken to include") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
225     Page 55, line 46, at end insert ("other than a breach which is accidental or which is a reasonable furtherance of the principal reason for the employee's action which fell within one or more reasons set out in sub-paragraph (2),") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
226     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") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
227     Page 57, line 5, at beginning insert--
 
    ("(A1)  Where the CAC specifies a method whereby parties are to conduct collective bargaining, such a method imports a duty on the parties to conduct collective bargaining with a view to reaching agreement on matters falling within the meaning of collective bargaining in the relevant part of this Schedule.")
 
228     Page 57, line 7, at end insert--
 
    ("(1A)  Where the parties fail to reach agreement on any outstanding issues between them at any stage of procedures set out in this Schedule, the CAC may decide, after hearing the views of the parties, that these issues should be submitted to an independent arbitrator nominated by the CAC after consultation with ACAS.
 
    (1B)  Where an arbitrator is nominated by the CAC under sub-paragraph (1A), he shall hear the parties on the issues in dispute between them and make a declaration on the issues and, if he sees fit, make a substantive award.
 
    (1C)  The substantive award of an arbitrator under sub-paragraph (1B) may state the terms and conditions of employment and, if so, those terms and conditions take effect as terms of the employment contracts between the relevant employees and any employer who is a party in the dispute; and those terms and conditions (or terms and conditions no less favourable) shall be amended only by a subsequent award, or by incorporation into the terms of the employment contracts of the relevant terms of a collective agreement between the employer and the relevant union.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
229*     Page 57, line 13, at end insert-- 
 ("Notice of declarations 
     127A.--(1) If the CAC issues a declaration under this Schedule it must notify the parties of the declaration and its contents.
 
    (2)  The reference here to the parties is to--
    (a)  the union (or unions) concerned and the employer concerned, and
    (b)  if the declaration is issued in consequence of an application by a worker or workers, the worker or workers making it.")
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
230     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.")
 
  
Before Clause 2
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
23 
     Insert the following new Clause-- 
     (".--(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--{PA {et
 
    (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."")
Protection of action pending recognition for collective bargaining.
  
Schedule 2
 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
232*     Page 58, leave out lines 32 to 45 and insert--
 
    ("(4)  Subsections (3), (4) and (5) shall cease to have effect.")
 
  
Clause 3
 
  
BY THE LORD SIMON OF HIGHBURY
 
233     Page 2, line 4, at end insert (";
    (b)  the sale or supply of lists to which subsection (1) applies.")
 
234     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.")
 
235     Page 2, line 18, at end insert--
 
    ("(  )  In this section "list" includes any index or other set of items whether recorded electronically or by any other means.")
 
  
Schedule 3
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
236     Page 59, line 36, after ("possession") insert ("or which is ascertainable by it after reasonable enquiries") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
237     Page 59, line 37, leave out ("make plans and") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
238     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;")
 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
239     Page 60, line 13, leave out ("an overtime ban and") 
240     Page 60, line 14, leave out ("constitute") and insert ("constitutes") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
241     Page 60, line 21, after ("be") insert ("fair or") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
242     Page 60, line 21, and end insert--
 
    ("(4)  In section 246 after "strike" insert ", subject to section 229,".")
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
243     Page 61, line 18, after ("possession") insert ("or which is ascertainable by it after reasonable enquiries") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
244     Page 61, line 18, leave out ("make plans and") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
245     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
 
246     Page 62, line 40, leave out ("permit") and insert ("require") 
  
BY THE LORD MESTON
THE LORD RAZZALL
 
247*     Page 64, line 17, at end insert--
 
    ("(  )  The Secretary of State shall make regulations entitling an employee to leave when a child is lawfully placed with that employee for adoption for periods and on terms and conditions (including remuneration) equivalent to those to which an employee would be entitled in the event of maternity.")
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
248     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,") 
249     Page 64, line 24, after ("on") insert ("unpaid") 
250     Page 64, line 35, leave out ("may") and insert ("shall") 
251     Page 64, line 44, at end insert ("not extending beyond school leaving age unless the child has special needs;") 
252     Page 64, line 47, after ("minimum") insert ("and maximum") 
253     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.")
 
254     Page 66, line 1, at end insert ("provided that, wherever practical, employers may make use of records maintained for tax and other statutory purposes;") 
255     Page 67, line 18, after ("of") insert ("unpaid") 
256     Page 67, line 18, leave out from ("hours") to end of line 19 and insert ("on grounds of force majeur for urgent family reasons in case of sickness or accident making the immediate presence of the worker indispensable") 
257     Page 67, line 25, leave out ("may") and insert ("shall") 
258     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.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
259     Page 71, line 8, leave out from ("general)") to end of line 9 and insert ("omit ", 127"") 
260     Page 72, line 25, leave out paragraph 46 
  
Clause 10
 
  
BY THE LORD MESTON
THE LORD RAZZALL
 
261*     Page 5, line 11, at end insert (", and
    (d)  is to be permitted to take a written record of the hearing.")
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
262     Page 5, line 14, at end insert ("who is a full time paid official of a union or a lawyer retained by or on behalf of the worker,") 
263     Page 5, line 16, at end insert--
 
    ("(  )  For the purposes of subsection (3)(a), where there is a trade union recognised by the employer pursuant to the provisions of this Act, the official shall be an official of that union.")
 
  
Clause 12
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
264     Page 6, line 26, leave out ("(whether of the same employer or not)") 
265     Page 6, line 35, leave out ("(whether of the same employer or not)") 
  
After Clause 12
 
  
BY THE LORD MESTON
THE LORD RAZZALL
 
266*     Insert the following new Clause-- 
     ("  .  The provisions of sections 10 to 12 of this Act are without prejudice to the ability of an employment tribunal when appropriate in the circumstances of a case to hold that a worker has been unfairly treated--
    (a)  if he was not permitted to be accompanied at any hearing by some other suitable person (whether or not a person mentioned in section 10(3)); or
    (b)  if his employer failed to provide any, or any sufficient, disciplinary or grievance procedure.")
Unfair treatment.
  
Clause 13
 
  
BY THE LORD SIMON OF HIGHBURY
 
267     Page 7, leave out lines 40 and 41 and insert ("administration of a formal warning to a worker by the employer, the taking of some other action in respect of a worker by the employer or the confirmation of a warning issued or some other action taken, or") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
268     Page 7, line 40, leave out from ("employer") to ("or") in line 41 and insert ("dismissing the worker or subjecting him to a financial detriment or giving him a final written warning,") 
269     Page 7, line 42, leave out from ("performance") to end of line 43 and insert ("by the employer in relation to a particular worker of either an express contractual duty relating to a serious matter or of a statutory duty") 
 
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Prepared 27 May 1999