House of Lords portcullis
House of Lords
Session 1998-99
Publications on the internet
Other Bills before Parliament
Amendments to the Employment Relations Bill

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

Here you can browse the Supplement (a) to the Marshalled List of Amendments to the Employment Relations Bill to be moved on Report in the House of Lords.

  
Schedule 4
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
91A*     Page 70, line 20, after ("on") insert ("unpaid") 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
[As an amendment to amendment 98]
 
98A*     Line 4, after ("of") insert ("unpaid") 
  
After Clause 20
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
127A*     Insert the following new Clause-- 
     ("  . The following shall be inserted after section 44 of the National Minimum Wage Act 1998--Minimum wage: exclusion of incapacitated workers.
 Incapacitated workers and employment for therapeutic purposes.     .--(1)  The Secretary of State may, after consultation with the Low Pay Commission, make an order exempting incapacitated persons from the provisions of this Act.
 
    (2)  An order under subsection (1) above shall provide for the issue of permits by the Secretary of State to those persons whom he believes to be incapacitated and may make provision for--
    (a)  the procedure for applying for and issuing such permits;
    (b)  the procedure for establishing the minimum wage to which each permit holder shall be entitled (being less than the single hourly rate prescribed under section 1(3) of this Act);
    (c)  the appointment by the Secretary of State of suitably qualified persons to assess such applications; and
    (d)  the procedure for appealing against a refusal to issue such a permit.
    (3)  No person shall be guilty of an offence under this Act in respect of an employee who holds a permit issued in accordance with an order made under this section.
 
    (4)  For the purposes of this section, a person is incapacitated if he is so affected by physical injury or mental deficiency or infirmity due to age or any other cause as to be incapable of earning the national minimum wage.
 
    (5)  A person whose employment is primarily undertaken for the purpose of therapy and whose employer is a non-profit-making organisation does not qualify for the national minimum wage in respect of that employment.").
 
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 8 July 1999