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Session 1998-99
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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 Amendments to the Employment Relations Bill to be moved on Report in the House of Lords.

  
Schedule 1
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
     Page 18, line 42, leave out ("21") and insert ("50") 
     Page 19, line 1, leave out ("21") and insert ("50") 
     Page 19, line 20, 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 other officers or manager 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.")
 
  
Clause 5
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
     Page 3, line 3, after ("must") insert (", if required by the decision of the Central Arbitration Committee,") 
     Page 3, line 12, at end insert ("including an appropriate evaluation in writing (a copy of which shall be provided to the employer contemporaneously with the union) of its efficiency and value and cost effectiveness") 
     Page 3, line 16, leave out ("six") and insert ("twelve") 
  
Schedule 4
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
     Page 70, line 24, at end insert--
 
    ("(  ) The regulations made by the Secretary of State under subsections (1) and (2) shall ensure that--
    (a)  the operation of the subsections shall not impose administrative, financial and legal constraints which would impede the creation and development of small and medium-sized undertakings, and
    (b)  an employer shall be entitled to postpone the granting of parental leave for justifiable reasons related to the operation of the undertaking, including where--
          (i)  the work is of a seasonal nature,
          (ii)  a replacement cannot be found within the notice period,
          (iii)  a significant proportion of the workforce applies for parental leave at the same time, or
          (iv)  a specific function is of strategic importance making the immediate presence of the worker indispensable.")
 
     Page 73, line 15, after ("of") insert ("unpaid") 
     Page 73, line 15, leave out from ("hours") to end of line 16 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") 
     Page 73, line 22, leave out ("may") and insert ("shall") 
     Page 73, line 43, at end insert--
 
    ("(4)  The Secretary of State shall make regulations about the right under subsection (1) which shall ensure that--
    (a)  the operation of the subsection shall not impose administrative, financial and legal constraints which would impede the creation and development of small and medium-sized undertakings, and
    (b)  an employer shall be entitled to postpone the granting of time off for domestic incidents for justifiable reasons related to the operation of the undertaking, including where--
          (i)  the work is of a seasonal nature,
          (ii)  a replacement cannot be found within the notice period,
          (iii)  a significant proportion of the workforce applies for time off for domestic incidents at the same time, or
          (iv)  a specific function is of strategic importance making the immediate presence of the worker indispensable.")
 
     Page 73, line 43, 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 is practical of the circumstances of the emergency and the likely duration of his absence from work.")
 
  
Clause 10
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Page 5, line 20, leave out ("an official of a trade union") and insert ("employed by a trade union of which he is an official") 
     Page 5, line 21, at end insert--
    ("(  ) an official of a trade union (within that meaning) who has been certified in writing by the union as competent to act for the purposes of this section,")
 
  
Schedule 5
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
     Page 79, line 3, leave out ("eight") and insert ("four") 
  
After Clause 20
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Insert the following new Clause-- 
     (". The following shall be inserted after section 44 of the National Minimum Wage Act 1998 (exclusions: voluntary workers)-- 
 Religious and other communities: resident workers.44A.--(1) A residential member of a community to which this section applies does not qualify for the national minimum wage in respect of employment by the community. 
     (2)  Subject to subsection (3), this section applies to a community if-- 
 
      (a)  it is a charity or is established by a charity,
      (b)  a purpose of the community is to practise or advance a belief of a religious or similar nature, and
      (c)  all or some of its members live together for that purpose.
        (3)  This section does not apply to a community which--
      (a)  is an independent school, or
      (b)  provides a course of further or higher education.
        (4)  The residential members of a community are those who live together as mentioned in subsection (2)(c).
        (5)  In this section--
      (a)  charity" has the same meaning as in section 44, and
National minimum wage: communities.
1998 c. 39.
 
      (b)  independent school" has the same meaning as in section 463 of the Education Act 1996 (in England and Wales), section 135 of the Education (Scotland) Act 1980 (in Scotland) and Article 2 of the Education and Libraries (Northern Ireland) Order 1986 (in Northern Ireland).
        (6)  In this section "course of further or higher education" means--
1996 c. 56.
1980 c. 44.
S.I. 1986/594 (N.I. 3).
 
      (a)  in England and Wales, a course of a description referred to in Schedule 6 to the Education Reform Act 1988 or Schedule 2 to the Further and Higher Education Act 1992;
1988 c. 40.
1992 c. 13.
 
      (b)  in Scotland, a course or programme of a description mentioned in or falling within section 6(1) or 38 of the Further and Higher Education (Scotland) Act 1992;
1992 c. 37.
 
      (c)  in Northern Ireland, a course of a description referred to in Schedule 1 to the Further Education (Northern Ireland) Order 1997 or a course providing further education within the meaning of Article 3 of that Order."  ")
S.I. 1997/1772 (N.I. 15).
  
Schedule 6
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
     Page 82, line 30, at end insert--
 
    ("(  ) It shall be lawful for the court or 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 individual matter does not infringe the European Convention on Human Rights."")
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Page 88, line 30, at end insert--
 
    ("(3A)  A person may not apply under subsection (1) in relation to a claim if he is entitled to apply under section 80 in relation to the claim.")
 
  
Clause 27
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
     Page 14, line 38, 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.")
 
     Page 14, line 38, 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 each House of Parliament.")
 
     Page 14, line 38, 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.")
 
     Page 14, line 38, 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
    (d)  any other information he considers relevant.")
 
  
Schedule 7
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
     Page 92, line 35, at beginning insert ("subject to subsections (1B) to (1E) below,") 
     Page 92, line 42, at end insert--
 
    ("(1B)  (1) The subsections (1C) to (1E) relate to contracts between an employment agency and either--
    (a)  a worker employed by such agency or for whom the agency undertakes to find temporary employment, or
    (b)  an employer to whom the employment agency has introduced a temporary worker.
    (1C)  Subject to subsection (1D) below, the regulations made under subsection (1) (ec) shall not prohibit the charging of reasonable fees by an employment agency to an employer who shall have taken into permanent employment a worker who shall have previously been introduced by the agency to the employer as a temporary worker.
 
    (1D)  The conditions under which subsection (1C) shall apply are that the respective contracts between the employment agency and the employer and between the employment agency and the worker are both in writing and--
    (a)  the contract with the employer contains a statement in characters no less prominent than the bulk of the text of the contract and contained within a prominent border to the effect that a commission is payable by the employer in such circumstances and either stating the scale of commission or drawing attention to a separate tariff of fees;
    (b)  the contract with the worker contains a statement in characters no less prominent than the bulk of the text of the contract and contained within a prominent border to the effect that a commission will be charged to any employer who takes the worker on to its permanent staff, but confirms that in no circumstances will the worker be charged with any commission in those circumstances;
    (c)  the employer and the worker shall have signed or initialled the bordered statements in their respective contracts.
    (1E)  It shall not be lawful for an employment agency to refuse to provide services or temporary placements to a worker who declines to accept a contract containing the condition referred to in subsection (1D)(b)."")
 
 
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Prepared 5 July 1999