Employment Relations Bill - continued        House of Lords
SCHEDULE A1, COLLECTIVE BARGAINING: RECOGNITION - continued
PART VIII, DETRIMENT - continued
Detriment - continued

back to previous text
 
     131. - (1) If the employment tribunal finds that a complaint under paragraph 127 is well-founded and-
 
 
    (a) the detriment of which the worker has complained is the termination of his worker's contract, but
 
    (b) that contract was not a contract of employment,
  any compensation awarded under paragraph 130 must not exceed the limit specified in sub-paragraph (2).
 
      (2) The limit is the total of-
 
 
    (a) the sum which would be the basic award for unfair dismissal, calculated in accordance with section 119 of the Employment Rights Act 1996, if the worker had been an employee and the contract terminated had been a contract of employment, and
 
    (b) the sum for the time being specified in section 124(1) of that Act which is the limit for a compensatory award to a person calculated in accordance with section 123 of that Act.
 
Dismissal
     132. - (1) For the purposes of Part X of the Employment Rights Act 1996 (unfair dismissal) the dismissal of an employee shall be regarded as unfair if the dismissal was made-
 
 
    (a) for a reason set out in sub-paragraph (2), or
 
    (b) for reasons the main one of which is one of those set out in sub-paragraph (2).
      (2) The reasons are that-
 
 
    (a) the employee acted with a view to obtaining or preventing recognition of a union (or unions) by the employer under this Schedule;
 
    (b) the employee indicated that he supported or did not support recognition of a union (or unions) by the employer under this Schedule;
 
    (c) the employee acted with a view to securing or preventing the ending under this Schedule of bargaining arrangements;
 
    (d) the employee indicated that he supported or did not support the ending under this Schedule of bargaining arrangements ;
 
    (e) the employee influenced or sought to influence the way in which votes were to be cast by other workers in a ballot arranged under this Schedule;
 
    (f) the employee influenced or sought to influence other workers to vote or to abstain from voting in such a ballot;
 
    (g) the employee voted in such a ballot;
 
    (h) the employee proposed to do, failed to do, or proposed to decline to do, any of the things referred to in paragraphs (a) to (g).
      (3) A reason does not fall within sub-paragraph (2) if it constitutes-
 
 
    (a) a breach by the employee of his contract of employment with his employer, or
 
    (b) an unreasonable act or omission by the employee.
 
Selection for redundancy
     133. For the purposes of Part X of the Employment Rights Act 1996 (unfair dismissal) the dismissal of an employee shall be regarded as unfair if the reason or principal reason for the dismissal was that he was redundant but it is shown-
 
 
    (a) that the circumstances constituting the redundancy applied equally to one or more other employees in the same undertaking who held positions similar to that held by him and who have not been dismissed by the employer, and
 
    (b) that the reason (or, if more than one, the principal reason) why he was selected for dismissal was one falling within paragraph 132(2).
 
Employees with fixed-term contracts
     134. Section 197(1) of the Employment Rights Act 1996 (fixed-term contracts) does not prevent Part X of that Act from applying to a dismissal which is regarded as unfair by virtue of paragraph 132 or 133.
 
 
Exclusion of requirement as to qualifying period
     135. Sections 108 and 109 of the Employment Rights Act 1996 (qualifying period and upper age limit for unfair dismissal protection) do not apply to a dismissal which by virtue of paragraph 132 or 133 is regarded as unfair for the purposes of Part X of that Act.
 
 
Meaning of worker's contract
     136. References in this Part of this Schedule to a worker's contract are to the contract mentioned in paragraph (a) or (b) of section 296(1) or the arrangements for the employment mentioned in paragraph (c) of section 296(1).
 
  PART IX
  GENERAL
 
Power to amend
     137. - (1) If the CAC represents to the Secretary of State that paragraph 20 has an unsatisfactory effect and should be amended, he may by order amend it with a view to rectifying that effect.
 
      (2) He may amend it in such way as he thinks fit, and not necessarily in a way proposed by the CAC (if it proposes one).
 
      (3) An order under this paragraph shall be made by statutory instrument.
 
      (4) No such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.
 
 
Guidance
     138. - (1) The Secretary of State may issue guidance to the CAC on the way in which it is to exercise its functions under paragraph 20.
 
      (2) The CAC must take into account any such guidance in exercising those functions.
 
      (3) However, no guidance is to apply with regard to an application made to the CAC before the guidance in question was issued.
 
      (4) The Secretary of State must-
 
 
    (a) lay before each House of Parliament any guidance issued under this paragraph, and
 
    (b) arrange for any such guidance to be published by such means as appear to him to be most appropriate for drawing it to the attention of persons likely to be affected by it.
 
Method of conducting collective bargaining
     139. - (1) After consulting ACAS the Secretary of State may by order specify for the purposes of paragraphs 29(3) and 45(2) a method by which collective bargaining might be conducted.
 
      (2) If such an order is made the CAC-
 
 
    (a) must take it into account under paragraphs 29(3) and 45(2), but
 
    (b) may depart from the method specified by the order to such extent as the CAC thinks it is appropriate to do so in the circumstances.
      (3) An order under this paragraph shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
 
 
Notice of declarations
     140. - (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.
 
CAC's general duty
     141. In exercising functions under this Schedule in any particular case the CAC must have regard to the object of encouraging and promoting fair and efficient practices and arrangements in the workplace, so far as having regard to that object is consistent with applying other provisions of this Schedule in the case concerned.
 
 
General interpretation
     142. - (1) References in this Schedule to the CAC are to the Central Arbitration Committee.
 
      (2) For the purposes of this Schedule in its application to a part of Great Britain a working day is a day other than-
 
 
    (a) a Saturday or a Sunday,
 
    (b) Christmas day or Good Friday, or
 
    (c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in that part of Great Britain.
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 17 June 1999