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

back to previous amendments
 
  
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.")
 
  
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




        5
     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
    (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 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--
        ("(  )  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.
 <~et>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).")
 
  
Clause 26
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD TEBBIT
 
290     Page 13, line 43, at end insert--
 
    ("(  )  For the purposes of this section, "employees' representative" or "employers' representative" shall not include any trade union, trade association or political party.")
 
291     Page 13, line 43, at end insert--
 
    ("(  )  The amount of money that the Secretary of State may spend or provide pursuant to subsections (1) and (2) of this section shall not exceed in any fiscal year the sum of £100,000 or such greater sum as shall be revocably approved from time to time by simple resolution of both Houses of Parliament.")
 
292     Page 13, line 43, at end insert--
 
    ("(3)  The recipients of money provided pursuant to this section shall within 15 months of the provision of the money (and annually if the money is utilised over a period of more than one year) deliver to the Secretary of State accounts, audited by an accountant qualified to do so pursuant to the Companies Act 1985, as to the use made of the money.
 
    (4)  The recipients of such money shall deliver with the audited accounts a report on the use made of the funds and their appraisal of the effectiveness (or otherwise) of the steps they have taken in achieving the objects of this section.
 
    (5)  Any recipient of money who fails to comply with the provisions of subsections (3) or (4) within the time specified or such longer time that the Secretary of State may grant in individual cases shall be guilty of an offence carrying the same penalties as may be provided for by the Secretary of State pursuant to section 3(3)(b) of this Act.")
 
293     Page 13, line 43, at end insert--
 
    ("(  )  The Secretary of State shall make a report to both Houses of Parliament including--
    (a)  details of all sums of money provided by him pursuant to this section during the previous fiscal year and any money which was loaned but which has been repaid during that period and any interest received,
    (b)  the names of the recipients and purposes of any grants or loans made during that period, and
    (c)  a summary of the reports he has received pursuant to subsection (4) of this section and his own appraisal of all schemes and projects which are currently in progress or which have been completed during the previous fiscal year and any other information he considers relevant.")
 
  
Schedule 7
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
294     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."")
 
  
BY THE LORD SIMON OF HIGHBURY
 
295     Page 88, line 33, at end insert-- 
 ("Regulations and orders 
     . For section 12(5) (regulations and orders: procedure) there shall be substituted--
        (5)  Regulations under section 5(1) or 6(1) of this Act shall not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.
        (6)  Regulations under section 13(7)(i) of this Act or an order under section 14(3) shall be subject to annulment in pursuance of a resolution of either House of Parliament."  ")
 
296     Page 88, line 36, at end insert-- 
 ("Exemptions 
     . For section 13(7)(i) there shall be substituted--
      (i)  any prescribed business or service, or prescribed class of business or service or business or service carried on or provided by prescribed persons or classes of person."  ")
 
  
Clause 28
 
  
BY THE LORD SIMON OF HIGHBURY
 
297     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.
  
Clause 33
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
297A     Page 16, line 3, at end insert--
 
    ("(3)  Where regulations are made or are laid before Parliament for approval under this Act for the purpose of implementing any European Union Directive in United Kingdom Law, the Secretary of State shall simultaneously in each case publish a statement setting out where those regulations go beyond the minimum requirement of the Directive.
 
    (4)  A statement under subsection (3) shall also give estimates of--
    (a)  the cost to business which will arise from the regulations, and
    (b)  the cost which would have arisen from implementing the minimum standards permissible under the Directive.")
 
297B*     Page 16, line 3, at end insert--
 
    ("(3)  Any regulations made under this Act, whether relating directly to this Act or amending any other Act as herein provided shall lapse five years after they come into effect unless they are renewed from time to time, for periods up to a further five years, by a resolution of each House of Parliament.
 
    (4)  If any such regulations are varied by the Secretary of State at any time pursuant to any powers granted under this Act, the period of five years shall be deemed to run from the date that the variation comes into effect.
 
    (5)  Any resolution renewing any regulations may vary them in any manner that the Secretary of State would have power to do under this Act.")
 
  
After Clause 33
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
297C*     Insert the following new Clause-- 
     ("  .  Twelve months after the coming into force of this Act, and annually thereafter, the Department of Trade and Industry shall publish a detailed qualitative and quantitative report, following consultation with representatives of employers and trade unions and any other persons or bodies whom the Secretary of State shall deem it expedient to consult, on the impact on the economy of its provisions.")Annual report of impact of Act on the economy.
  
Schedule 8
 
  
BY THE LORD SIMON OF HIGHBURY
 
298     Page 89, line 30, at end insert-- 
   ("In section 118(1)(b), the word ", 127".") 
299     Page 90, leave out lines 13 and 14 
300     Page 90, line 24, at end insert-- 
 ("1992 c. 52.Trade Union and Labour Relations (Consolidation) Act 1992. In Schedule A1, paragraph 122.") 
301     Page 91, line 3, at end insert-- 
 ("1999 c. 00.Employment Relations Act 1999. Section 16(6).") 
302     Page 94, line 17, at end insert-- 
 ("1998 c. 8.Employment Rights (Dispute Resolution) Act 1998. Section 14(1).") 
  
After Clause 36
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
302A     Insert the following new Clause-- 
     ("  .--(1)  Where it seems to the Secretary of State that the operation of this Act is damaging the economy of the country or reducing its competitiveness in respect of--
    (a)  a particular industry or trade or group of workers;
    (b)  a particular category or size of business (reckoned by the number of persons in its workforce);
    (c)  an economic emergency attending more than one section of industry; or
    (d)  a particular part of the country,
he may by Order suspend the operation of all or any part of this Act (to be specified in the Order) for a period of not more than 40 working days subject to renewal from time to time in a further order or orders.
 
    (2)  No order shall be made under subsection (1) unless a draft thereof has been laid before, and approved by a resolution of, each House of Parliament.")
Suspension.
  
Clause 37
 
  
BY THE LORD SIMON OF HIGHBURY
 
303     Page 16, line 17, at beginning insert--
 
    ("(1)  Any amendment or repeal in this Act has the same extent as the provision amended or repealed.
 
    (2)  Subject to subsection (1),")
 
 
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