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

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74     Page 57, line 15, after ("117(1)") insert ("or 117C(3)") 
75     Page 57, line 22, at end insert--
    ("(c)  the reference in paragraph 97(4) to the CAC refusing an application under paragraph 97(2) included a reference to it being required to give notice under paragraph 117D(5)")
 
76     Page 59, leave out line 42 
77     Page 61, leave out lines 32 and 33 
78     Page 62, line 14, after ("20") insert ("or 70") 
79     Page 62, line 24, after ("20") insert ("or 70") 
80     Page 62, line 44, at end insert-- 
 ("Directions about certain applications 
     139A.--(1) The Secretary of State may make to the CAC directions as described in sub-paragraph (2) in relation to any case where--
    (a)  two or more applications are made to the CAC,
    (b)  each application is a relevant application,
    (c)  each application relates to the same bargaining unit, and
    (d)  the CAC has not accepted any of the applications.
    (2)  The directions are directions as to the order in which the CAC must consider the admissibility of the applications.
 
    (3)  The directions may include--
    (a)  provision to deal with a case where a relevant application is made while the CAC is still considering the admissibility of another one relating to the same bargaining unit;
    (b)  other incidental provisions.
    (4)  A relevant application is an application under paragraph 81, 86, 87, 91 or 106.")
 
  
Clause 3
 
  
BY THE LORD SIMON OF HIGHBURY
 
81     Page 2, line 2, leave out ("recruitment") and insert ("discrimination in relation to recruitment or in relation to the treatment of workers") 
82     Page 2, line 8, at end insert--
    ("(  ) include provision for or about the grant and enforcement of specified remedies by courts and tribunals;
    (  ) include provision for the making of awards of compensation calculated in accordance with the regulations;
    (  ) include provision permitting proceedings to be brought by trade unions on behalf of members in specified circumstances;
    (  ) include provision about cases where an employee is dismissed by his employer and the reason or principal reason for the dismissal, or why the employee was selected for dismissal, relates to a list to which subsection (1) applies;")
 
83     Page 2, line 28, at end insert-- 
 
      (", and
 
 
    worker" has the meaning given by section 13.")
 
84     Page 2, line 29, at beginning insert ("Subject to subsection (5),") 
  
Schedule 3
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
85     Page 66, line 16, after ("and") insert ("depending on the circumstances") 
  
BY THE LORD SIMON OF HIGHBURY
 
86     Page 66, line 16, at end insert--
 
    ("(  ) In the definition of "strike" in section 246 (interpretation) after "means" there shall be inserted "(except for the purposes of section 229(2))".")
 
87     Page 66, line 16, at end insert-- 
 ("Conduct of ballot: merchant seamen 
     . In section 230 (conduct of ballot) for subsections (2A) and (2B) there shall be substituted--
        (2A)  Subsection (2B) applies to a merchant seaman if the trade union reasonably believes that--
      (a)  he will be employed in a ship either at sea or at a place outside Great Britain at some time in the period during which votes may be cast, and
      (b)  it will be convenient for him to receive a voting paper and vote while on the ship or while at a place where the ship is rather than in accordance with subsection (2).
        (2B)  Where this subsection applies to a merchant seaman he shall, if it is reasonably practicable--
      (a)  have a voting paper made available to him while on the ship or while at a place where the ship is, and
      (b)  be given an opportunity to vote while on the ship or while at a place where the ship is."")
 
  
Clause 5
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
88     Page 3, line 3, after ("must") insert (", if required by the decision of the Central Arbitration Committee,") 
89     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") 
90     Page 3, line 16, leave out ("six") and insert ("twelve") 
  
Schedule 4
 
  
BY THE LORD SIMON OF HIGHBURY
 
91     Page 70, line 2, leave out ("conferred by the regulations") and insert ("under this Chapter") 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
92     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.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
93     Page 70, line 38, at end insert--
      ("(  )  require parental leave to be taken as a series of periods of absence in all cases or in specified cases;")
 
94     Page 70, line 43, after ("minimum") insert ("or maximum") 
95     Page 70, line 44, at end insert--
      ("(  )  specify a maximum aggregate of periods of parental leave which may be taken during a specified period of time.")
 
96     Page 71, line 43, at end insert--
 
    ("(  )  Regulations under section 76 may provide for specified provisions of the regulations not to apply in relation to an employee if any provision of his contract of employment--
    (a)  confers an entitlement to absence from work for the purpose of caring for a child, and
    (b)  incorporates or operates by reference to all or part of a collective agreement, or workforce agreement, of a kind specified in the regulations.")
 
97     Page 72, line 45, leave out from beginning to end of line 8 on page 73 
98     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.
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
99     Page 73, line 15, after ("of") insert ("unpaid") 
100     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") 
101     Page 73, line 22, leave out ("may") and insert ("shall") 
102     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.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
103     Page 73, line 45, leave out ("failed") and insert ("unreasonably refused") 
104     Page 74, leave out lines 15 to 30 
105     Page 74, line 44, leave out ("for domestic incidents") and insert ("under section 57A of that Act (dependants)") 
106     Page 75, line 6, leave out ("for domestic incidents") and insert ("under section 57A of that Act (dependants)") 
107     Page 75, leave out line 14 and insert ("under section 57A of that Act (dependants),".") 
108     Page 75, line 40, leave out ("for domestic incidents") 
109     Page 76, line 27, leave out ("for domestic incidents") 
110     Page 77, line 19, leave out ("for domestic incidents") and insert ("under section 57A") 
111*     Page 77, leave out lines 24 to 26 
112     Page 77, line 41, leave out ("for domestic incidents") and insert ("under section 57A") 
  
Clause 10
 
  
BY THE BARONESS YOUNG
 
113     Page 5, line 12, at end insert--
 
    ("(  )  This section shall not apply to an employer who shows that to comply with it would conflict with his religious beliefs and conscience.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
114     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") 
115     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,")
 
  
Clause 11
 
  
BY THE BARONESS YOUNG
 
116     Page 6, line 5, at end insert ("but such a complaint shall not succeed if the employer can show that he was unable to comply as a consequence of his religious beliefs and conscience") 
  
Clause 13
 
  
BY THE LORD SIMON OF HIGHBURY
 
117     Page 8, line 1, leave out subsection (4) and insert--
 
    ("(4)  For the purposes of section 10 a disciplinary hearing is a hearing which could result in--
    (a)  the administration of a formal warning to a worker by his employer,
    (b)  the taking of some other action in respect of a worker by his employer, or
    (c)  the confirmation of a warning issued or some other action taken.
    (4A)  For the purposes of section 10 a grievance hearing is a hearing which concerns the performance of a duty by an employer in relation to a worker.")
 
  
BY THE LORD MONSON
 
118     Page 8, line 11, leave out ("the United Kingdom") and insert ("Great Britain") 
119     Page 8, line 16, leave out ("the United Kingdom") and insert ("Great Britain") 
  
After Clause 14
 
  
BY THE LORD SIMON OF HIGHBURY
 
120     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 BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
121     Page 79, line 3, leave out ("eight") and insert ("four") 
  
BY THE LORD SIMON OF HIGHBURY
 
122     Page 80, line 13, leave out ("(7A)") and insert ("(7C)") 
123     Page 80, line 14, leave out ("(7)") and insert ("(7B) (inserted by Schedule 3 to the Tax Credits Act 1999)") 
124     Page 80, line 15, leave out ("(7A)") and insert ("(7C)") 
  
After Clause 16
 
  
BY THE LORD RAZZALL
THE VISCOUNT THURSO
 
125     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.
126     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.
  
After Clause 20
 
  
BY THE LORD SIMON OF HIGHBURY
 
127     Insert the following new Clause-- 
     (". The following shall be inserted after section 44 of the National Minimum Wage Act 1998 (exclusions: voluntary workers)--National minimum wage: communities.
1998 c. 39.
 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
 
  
    (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).
  
After Clause 24
 
  
BY THE LORD SIMON OF HIGHBURY
 
128     Insert the following new Clause-- 
     ("  .--(1)  In section 253(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (ACAS: annual report) for "calendar year" there shall be substituted "financial year".
 
    (2)  In section 265(1) of that Act (ACAS: report about CAC) for "calendar year" there shall be substituted "financial year".")
ACAS: reports.
1992 c. 52.
  
Schedule 6
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
129     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 the declaration does not infringe the European Convention on Human Rights."")
 
  
BY THE LORD SIMON OF HIGHBURY
 
130     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.")
 
131     Page 91, line 43, leave out ("VII") and insert ("VIIA") 
132     Page 91, line 46, after ("apply") insert ("to a complaint under section 37E(1)(b) or") 
133     Page 92, line 20, at end insert-- 
 ("Annual report by Certification Officer 
     .  In section 258(1) (Certification Officer: annual report) for "calendar year" there shall be substituted "financial year".") 
  
Clause 27
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
 
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