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

back to previous amendments
 
  
After Clause 13
 
  
BY THE LORD SIMON OF HIGHBURY
 
270     Insert the following new Clause-- 
     ("  .  Sections 10 to 13 of this Act shall be treated as provisions of Part V of the Employment Rights Act 1996 for the purposes of--
    (a)  section 203(1), (2)(e) and (f), (3) and (4) of that Act (restrictions on contracting out), and
Contracting out and conciliation.
1996 c. 18.
 
    (b)  section 18(1)(d) of the Employment Tribunals Act 1996 (conciliation).")
1996 c. 17.
  
BY THE LORD RAZZALL
THE VISCOUNT THURSO
THE LORD MESTON
THE BARONESS TURNER OF CAMDEN
 
271     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.
272     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.
273     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).
  
Schedule 5
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
274     Page 73, line 9, leave out ("eight") and insert ("four") 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
275     Page 73, line 40, at end insert--
        ("(  )  It shall be for the employer to prove that the dismissal is not unfair by virtue of the reasons set out in subsection (4), (5) or (6).")
 
  
Clause 15
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
THE LORD CRICKHOWELL
 
276     Page 8, line 20, at end insert--
 
    ("(4)  The payment of higher wages or higher rates of pay or overtime or the payment of any signing on or other bonuses or the provision of other benefits having a monetary value to other workers employed by the same employer shall not constitute a detriment to any worker not receiving the same or similar payments or benefits within the meaning of subsection (1)(a) of this section so long as--
    (a)  there is no inhibition in the contract of employment of the worker receiving the same from being the member of any trade union, and
    (b)  the said payments of higher wages or rates of pay or overtime or bonuses or the provision of other benefits are in accordance with the terms of a contract of employment and reasonably relate to services provided by the worker under that contract,
and paragraph 4 of Schedule 2 to this Act and sections 146 and 148(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 shall be construed accordingly.")
 
  
Clause 16
 
  
BY THE LORD SIMON OF HIGHBURY
 
277     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).")
 
  
BY THE EARL OF MAR AND KELLIE
 
277A     Page 9, line 11, at end insert--
 
    ("(6)  This section shall not affect contracts entered into before the commencement of this Act.")
 
  
BY THE LORD BIRKETT
 
277B*     Leave out Clause 16 and insert the following new Clause-- 
     ("16.--(1)  In section 197 of the Employment Rights Act 1996 (fixed term contracts) for subsection (1) there shall be substituted--
        (1)  Part X does not apply to dismissal from employment under a contract for a fixed term of one year or less if--
      (a)  the employment is of a class or description prescribed by order under subsection (1A),
      (b)  the employee agreed in writing at the commencement of the employment to exclude any claim in respect of rights under that Part in relation to the contract, and
      (c)  the dismissal consists only of the expiry of that term without its being renewed.
        (1A)  The Secretary of State may by order prescribe employment of a particular class or description as one to which subsection (1) applies where he is satisfied that the nature of the employment is such that it is to the mutual benefit of employers and employees for employment of that class or description to be so prescribed.
        (1B)  Before making an order under subsection (1A) the Secretary of State shall consult--
      (a)  representatives of employers and any trade unions or other representatives of employees who, in his opinion, would be likely to be affected by the order; and
      (b)  such other persons as he considers appropriate.
        (1C)  No order shall be made under subsection (1A) unless a draft has been laid before, and approved by resolution of, each House of Parliament."")
Agreement to exclude dismissal rights.
  
Clause 17
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
278     Page 9, line 15, at end insert ("unless such unfavourable treatment is reasonably justified.") 
279     Page 9, line 35, after ("who") insert ("knowingly or recklessly") 
  
BY THE LORD SIMON OF HIGHBURY
 
280     Page 10, line 17, at end insert--
 
    ("(  )  Regulations under this section which create an offence--
    (a)  shall provide for it to be triable summarily only, and
 

        5
    (b)  may not provide for it to be punishable by imprisonment or by a fine in excess of level 5 on the standard scale.")
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
[As an amendment to Amendment 280]
 
280A     Line 5, leave out ("5") and insert ("4") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
281     Page 10, line 17, at end insert--
 
    ("(  )  Before making regulations under this section the Secretary of State shall--
    (a)  publish the draft regulations;
    (b)  consider any representations made to him about the draft regulations; and
    (c)  if he thinks it appropriate, modify the draft regulations in the light of any representations made to him.")
 
282     Page 10, line 17, at end insert--
 
    ("(  )  The Secretary of State shall, within two years of the coming into effect of the regulations made under this section, publish a report setting out the impact which the regulations have had on levels of part-time working in the United Kingdom's economy.")
 
  
Clause 20
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
282A     Page 11, line 31, at end insert--
    ("(  )  not include any person who is, or claims to be, or is recognised by the Inland Revenue for tax purposes as, self employed.")
 
283     Page 11, line 39, at end insert--
 
    ("(8)  Before making an order under this section the Secretary of State shall--
    (a)  publish the draft order;
    (b)  consider any representations made to him about the draft order; and
    (c)  if he thinks it appropriate, modify the draft order in the light of any representations made to him.")
 
  
After Clause 20
 
  
BY THE LORD MESTON
THE LORD RAZZALL
 
284     Insert the following new Clause-- 
     ("  .  For section 196(2) of the Employment Rights Act 1996 there shall be substituted--
        (2)  The provisions to which this subsection applies do not apply to employment where the employee does his work for the relevant employer wholly or mainly outside Great Britain.".")
Employment outside Great Britain.
  
Clause 22
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
285     Page 12, line 34, after ("chairman") insert ("and with the consent of the chairman of the Committee or his deputy") 
  
Schedule 6
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
286     Page 76, line 31, at end insert--
        ("(8)  It shall be lawful for the court or the Certification Officer to declare an application by the same person alleging any similar or related failure described in this section to be vexatious so long as in the particular circumstances of the individual matter such declaration does not infringe the European Convention on Human Rights."")
 
  
BY THE LORD WEDDERBURN OF CHARLTON
THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
 
287     Page 83, line 53, leave out ("may") and insert ("shall") 
288     Page 83, line 56, at end insert--
        ("(1A)  The Certification Officer may refuse to accept an application if the union satisfies him that it concerns a matter which should be heard by the court, having regard to--
      (a)  the interests of the members of the union generally,
      (b)  the rights of members under section 63,
      (c)  his previous dealings, formal and informal, with the union and other unions,
      (d)  justice and equity in the circumstances of the case.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
289     Page 85, line 39, at end insert--
 
    ("23. After section 256 there shall be inserted--
 
 Vexatious litigants.     256A.--(1) The Certification Officer may refuse to entertain any application or complaint made to him under a provision of Chapters III to VII of Part I by a vexatious litigant.
 
    (2)  The Certification Officer must give reasons for such a refusal.
 
    (3)  Subsection (1) does not apply to an application under section 41.
 
    (4)  For the purposes of subsection (1) a vexatious litigant is a person who is the subject of--
 
  
    (a)  an order which is made under section 33(1) of the Employment Tribunals Act 1996 and which remains in force,
1996 c. 17.
  
    (b)  a civil proceedings order or an all proceedings order which is made under section 42(1) of the Supreme Court Act 1981 and which remains in force,
1981 c. 54.
  
    (c)  an order which is made under section 1 of the Vexatious Actions (Scotland) Act 1898, or
1898 c. 35.
  
    (d)  an order which is made under section 32 of the Judicature (Northern Ireland) Act 1978.
1978 c. 23.
 Vexatious litigants: applications disregarded.     256B.--(1) For the purposes of a relevant enactment an application to the Certification Officer shall be disregarded if-- 
  
    (a)  it was made under a provision mentioned in the relevant enactment, and
 
  
    (b)  it was refused by the Certification Officer under section 256A(1).
    (2)  The relevant enactments are sections 26(8), 31(7), 45C(5B), 56(8), 72A(10), 81(8) and 108A(13).")
 
 
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