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

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Schedule 4
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Page 73, leave out lines 13 to 43 and insert-- 
 ("Dependants 
     57A.--(1) An employee is entitled to be permitted by his employer to take a reasonable amount of time off during the employee's working hours in order to take action which is necessary--
    (a)  to provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted,
    (b)  to make arrangements for the provision of care for a dependant who is ill or injured,
    (c)  in consequence of the death of a dependant,
    (d)  because of the unexpected disruption or termination of arrangements for the care of a dependant, or
    (e)  to deal with an incident which involves a child of the employee and which occurs unexpectedly in a period during which an educational establishment which the child attends is responsible for him.
    (2)  Subsection (1) does not apply unless the employee--
    (a)  tells his employer the reason for his absence as soon as reasonably practicable, and
    (b)  unless paragraph (a) cannot be complied with until after the employee has returned to work, tells his employer for how long he expects to be absent.
    (3)  Subject to subsections (4) and (5), for the purposes of this section "dependant" means, in relation to an employee--
    (a)  a spouse,
    (b)  a child,
    (c)  a parent,
    (d)  a person who lives in the same household as the employee, otherwise than by reason of being his employee, tenant, lodger or boarder.
    (4)  For the purposes of subsection (1)(a) or (b) "dependant" includes, in addition to the persons mentioned in subsection (3), any person who reasonably relies on the employee--
    (a)  for assistance on an occasion when the person falls ill or is injured or assaulted, or
    (b)  to make arrangements for the provision of care in the event of illness or injury.
    (5)  For the purposes of subsection (1)(d) "dependant" includes, in addition to the persons mentioned in subsection (3), any person who reasonably relies on the employee to make arrangements for the provision of care.
 
    (6)  A reference in this section to illness or injury includes a reference to mental illness or injury.")
Time off for dependants.
     Page 73, line 45, leave out ("failed") and insert ("unreasonably refused") 
     Page 74, leave out lines 15 to 30 
     Page 74, line 44, leave out ("for domestic incidents") and insert ("under section 57A of that Act (dependants)") 
     Page 75, leave out line 14 and insert ("under section 57A of that Act (dependants),".") 
     Page 75, line 6, leave out ("for domestic incidents") and insert ("under section 57A of that Act (dependants)") 
     Page 75, line 40, leave out ("for domestic incidents") 
     Page 76, line 27, leave out ("for domestic incidents") 
     Page 77, line 19, leave out ("for domestic incidents") and insert ("under section 57A") 
     Page 77, line 41, leave out ("for domestic incidents") and insert ("under section 57A") 
  
After Clause 14
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Insert the following new Clause-- 
     (". Sections 10 to 13 shall not apply in relation to a person employed for the purposes of--
    (a)  the Security Service,
    (b)  the Secret Intelligence Service, or
    (c)  the Government Communications Headquarters.")
National security employees.
  
Schedule 5
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Page 80, line 13, leave out ("(7A)") and insert ("(7C)") 
     Page 80, line 14, leave out ("(7)") and insert ("(7B) (inserted by Schedule 3 to the Tax Credits Act 1999)") 
     Page 80, line 15, leave out ("(7A)") and insert ("(7C)") 
  
After Clause 16
 
  
BY THE LORD RAZZALL
THE VISCOUNT THURSO
 
     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.
     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.
  
Schedule 3
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
     Page 66, line 16, after ("and") insert ("depending on the circumstances") 
  
Schedule 6
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Page 91, line 43, leave out ("VII") and insert ("VIIA") 
  
After Schedule 7
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Insert the following new Schedule-- 
 ("NATIONAL SECURITy 
     1. The following shall be substituted for section 193 of the Employment Rights Act 1996 (national security)--1996 c. 18.
 National security.     193. Part IVA and section 47B of this Act do not apply in relation to employment for the purposes of--
    (a)  the Security Service,
    (b)  the Secret Intelligence Service, or
    (c)  the Government Communications Headquarters."
 
     2. Section 4(7) of the Employment Tribunals Act 1996 (composition of tribunal: national security) shall cease to have effect.
 
    3. The following shall be substituted for section 10 of that Act (national security, &c.)--
1996 c. 17.
 <~et>National security.     10.--(1) If on a complaint under-- 
  
    (a)  section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (detriment: trade union membership), or
 
  
    (b)  section 111 of the Employment Rights Act 1996 (unfair dismissal),
it is shown that the action complained of was taken for the purpose of safeguarding national security, the employment tribunal shall dismiss the complaint.
 
    (2)  Employment tribunal procedure regulations may make provision about the composition of the tribunal (including provision disapplying or modifying section 4) for the purposes of proceedings in relation to which--
    (a)  a direction is given under subsection (3), or
    (b)  an order is made under subsection (4).
    (3)  A direction may be given under this subsection by a Minister of the Crown if--
    (a)  it relates to particular Crown employment proceedings, and
    (b)  the Minister considers it expedient in the interests of national security.
    (4)  An order may be made under this subsection by the President or a Regional Chairman in relation to particular proceedings if he considers it expedient in the interests of national security.
 
    (5)  Employment tribunal procedure regulations may make provision enabling a Minister of the Crown, if he considers it expedient in the interests of national security--
    (a)  to direct a tribunal to sit in private for all or part of particular Crown employment proceedings;
    (b)  to direct a tribunal to exclude the applicant from all or part of particular Crown employment proceedings;
    (c)  to direct a tribunal to exclude the applicant's representatives from all or part of particular Crown employment proceedings;
    (d)  to direct a tribunal to take steps to conceal the identity of a particular witness in particular Crown employment proceedings;
    (e)  to direct a tribunal to take steps to keep secret all or part of the reasons for its decision in particular Crown employment proceedings.
    (6)  Employment tribunal procedure regulations may enable a tribunal, if it considers it expedient in the interests of national security, to do anything of a kind which a tribunal can be required to do by direction under subsection (5)(a) to (e).
 
    (7)  In relation to cases where a person has been excluded by virtue of subsection (5)(b) or (c) or (6), employment tribunal procedure regulations may make provision--
    (a)  for the appointment by the Attorney General, or by the Advocate General for Scotland, of a person to represent the interests of the party;
    (b)  about the publication and registration of reasons for the tribunal's decision.
    (8)  Proceedings are Crown employment proceedings for the purposes of this section if the employment to which the complaint relates--
    (a)  is Crown employment, or
    (b)  is connected with the performance of functions on behalf of the Crown.
    (9)  The reference in subsection (4) to the President or a Regional Chairman is to a person appointed in accordance with regulations under section 1(1) as--
    (a)  a Regional Chairman,
    (b)  President of the Employment Tribunals (England and Wales), or
    (c)  President of the Employment Tribunals (Scotland).
1992 c. 52.
 <~et>Confidential information.     10A.--(1) Employment tribunal procedure regulations may enable an employment tribunal to sit in private for the purpose of hearing evidence from any person which in the opinion of the tribunal is likely to consist of-- 
  
    (a)  information which he could not disclose without contravening a prohibition imposed by or by virtue of any enactment,
    (b)  information which has been communicated to him in confidence or which he has otherwise obtained in consequence of the confidence reposed in him by another person, or
    (c)  information the disclosure of which would, for reasons other than its effect on negotiations with respect to any of the matters mentioned in section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992, cause substantial injury to any undertaking of his or in which he works.
    (2)  The reference in subsection (1)(c) to any undertaking of a person or in which he works shall be construed--
    (a)  in relation to a person in Crown employment, as a reference to the national interest,
    (b)  in relation to a person who is a relevant member of the House of Lords staff, as a reference to the national interest or (if the case so requires) the interests of the House of Lords, and
    (c)  in relation to a person who is a relevant member of the House of Commons staff, as a reference to the national interest or (if the case so requires) the interests of the House of Commons.
 
 Restriction of publicity in cases involving national security.     10B.--(1) This section applies where a tribunal has been directed under section 10(5) or has determined under section 10(6)--
    (a)  to take steps to conceal the identity of a particular witness, or
    (b)  to take steps to keep secret all or part of the reasons for its decision.
    (2)  It is an offence to publish--
    (a)  anything likely to lead to the identification of the witness, or
    (b)  the reasons for the tribunal's decision or the part of its reasons which it is directed or has determined to keep secret.
    (3)  A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 
    (4)  Where a person is charged with an offence under this section it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication in question was of, or included, the matter in question.
 
    (5)  Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of--
    (a)  a director, manager, secretary or other similar officer of the body corporate, or
    (b)  a person purporting to act in any such capacity,
he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
 
      (6)  A reference in this section to publication includes a reference to inclusion in a programme included in a programme service, within the meaning of the Broadcasting Act 1990." 
     4. Section 28(5) of the Employment Tribunals Act 1996 (composition of Appeal Tribunal: national security) shall cease to have effect.
 
    5.--(1) Section 30 of that Act (Appeal Tribunal Procedure rules) shall be amended as follows.
 
    (2)  In subsection (2)(d) for "section 10" substitute "section 10A".
 
    (3)  After subsection (2) insert--
        (2A)  Appeal Tribunal procedure rules may make provision of a kind which may be made by employment tribunal procedure regulations under section 10(2), (5), (6) and (7).
        (2B)  For the purposes of subsection (2A)--
      (a)  the reference in section 10(2) to section 4 shall be treated as a reference to section 28, and
      (b)  the reference in section 10(4) to the President or a Regional Chairman shall be treated as a reference to a judge of the Appeal Tribunal.
        (2C)  Section 10B shall have effect in relation to a direction to or determination of the Appeal Tribunal as it has effect in relation to a direction to or determination of an employment tribunal."
1990 c. 42.
     6. After section 69(2) of the Race Relations Act 1976 (evidence: Minister's certificate as to national security, &c.) there shall be inserted--
        (2A)  Subsection (2)(b) shall not have effect for the purposes of proceedings on a complaint under section 54."
1976 c. 74.
     7. Paragraph 4(1)(b) of Schedule 3 to the Disability Discrimination Act 1995 (evidence: Minister's certificate as to national security, &c.) shall cease to have effect.")1995 c. 50.
  
After Clause 33
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Insert the following new Clause-- 
     (".--(1) In paragraph 27(3)(b) of Schedule 16 to the School Standards and Framework Act 1998 (dismissal of staff: representations and appeal) for "for a period of two years or more (within the meaning of the Employment Rights Act 1996)" there shall be substituted ", within the meaning of the Employment Rights Act 1996, for a period at least as long as the period for the time being specified in section 108(1) of that Act (unfair dismissal: qualifying period)".Dismissal of school staff.
1988 c. 31.
     (2)  In paragraph 24(4)(b) of Schedule 17 to the School Standards and Framework Act 1998 (dismissal of staff: representations and appeal) for "for a period of two years or more (within the meaning of the Employment Rights Act 1996)" there shall be substituted ", within the meaning of the Employment Rights Act 1996, for a period at least as long as the period for the time being specified in section 108(1) of that Act (unfair dismissal: qualifying period)".")1988 c. 31.
     Insert the following new Clause-- 
     (". Schedule (National security) shall have effect.")National security.
  
Schedule 8
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Page 101, line 22, at end insert-- 
 ("11. NATIONAL SECURITY 
 ChapterShort titleExtent of repeal 
  
  1995 c. 50.Disability Discrimination Act 1995.Paragraph 4(1)(b) of Schedule 3, and the word "or" immediately before it. 
 1996 c. 17.Employment Tribunals Act 1996.Section 4(7).
Section 28(5).
 
 1998 c. 23.Public Interest Disclosure Act 1998.Section 11.") 
 
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Prepared 6 July 1999