Employment Relations Bill - continued        House of Lords
Disciplinary and grievance hearings - continued

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Detriment and dismissal.     12. - (1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that he-
 
 
    (a) exercised or sought to exercise the right under section 10(2) or (4), or
 
    (b) accompanied or sought to accompany another worker (whether of the same employer or not) pursuant to a request under that section.
      (2) Section 48 of the Employment Rights Act 1996 shall apply in relation to contraventions of subsection (1) above as it applies in relation to contraventions of certain sections of that Act.
 
      (3) A worker who is dismissed shall be regarded for the purposes of Part X of the Employment Rights Act 1996 as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that he-
 
 
    (a) exercised or sought to exercise the right under section 10(2) or (4), or
 
    (b) accompanied or sought to accompany another worker (whether of the same employer or not) pursuant to a request under that section.
      (4) Sections 108 and 109 of that Act (qualifying period of employment and upper age limit) shall not apply in relation to subsection (3) above.
 
      (5) Sections 128 to 132 of that Act (interim relief) shall apply in relation to dismissal for the reason specified in subsection (3)(a) or (b) above as they apply in relation to dismissal for a reason specified in section 128(1)(b) of that Act.
 
      (6) In the application of Chapter II of Part X of that Act in relation to subsection (3) above, a reference to an employee shall be taken as a reference to a worker.
 
Interpretation.     13. - (1) In sections 10 to 12 and this section "worker" means an individual who is-
 
 
    (a) a worker within the meaning of section 230(3) of the Employment Rights Act 1996,
 
    (b) an agency worker,
 
    (c) a home worker,
 
    (d) a person in Crown employment within the meaning of section 191 of that Act, other than a member of the naval, military, air or reserve forces of the Crown, or
 
    (e) employed as a relevant member of the House of Lords staff or the House of Commons staff within the meaning of section 194(6) or 195(5) of that Act.
      (2) In subsection (1) "agency worker" means an individual who-
 
 
    (a) is supplied by a person ("the agent") to do work for another ("the principal") by arrangement between the agent and the principal,
 
    (b) is not a party to a worker's contract, within the meaning of section 230(3) of that Act, relating to that work, and
 
    (c) is not a party to a contract relating to that work under which he undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any professional or business undertaking carried on by the individual;
  and, for the purposes of sections 10 to 12, both the agent and the principal are employers of an agency worker.
 
      (3) In subsection (1) "home worker" means an individual who-
 
 
    (a) contracts with a person, for the purposes of the person's business, for the execution of work to be done in a place not under the person's control or management, and
 
    (b) is not a party to a contract relating to that work under which the work is to be executed for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any professional or business undertaking carried on by the individual;
  and, for the purposes of sections 10 to 12, the person mentioned in paragraph (a) is the home worker's employer.
 
      (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.
      (5) 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.
 
      (6) For the purposes of section 10(5)(b) in its application to a part of Great Britian 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.
Contracting out and conciliation.     14. Sections 10 to 13 of this Act shall be treated as provisions of Part V of the Employment Rights Act 1996 for the purposes of-
 
 
    (a) section 203(1), (2)(e) and (f), (3) and (4) of that Act (restrictions on contracting out), and
 
    (b) section 18(1)(d) of the Employment Tribunals Act 1996 (conciliation).
National security employees.     15. 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.
 
Other rights of individuals
Unfair dismissal of striking workers.     16. Schedule 5 shall have effect.
 
Collective agreements: detriment and dismissal.     17. - (1) The Secretary of State may make regulations about cases where a worker-
 
 
    (a) is subject to detriment by his employer, or
 
    (b) is dismissed,
  on the grounds that he refuses to enter into a contract which includes terms which differ from the terms of a collective agreement which applies to him.
 
      (2) The regulations may-
 
 
    (a) make provision which applies only in specified classes of case;
 
    (b) make different provision for different circumstances;
 
    (c) include supplementary, incidental and transitional provision.
      (3) In this section-
 
 
    "collective agreement" has the meaning given by section 178(1) of the Trade Union and Labour Relations (Consolidation) Act 1992; and
 
    "employer" and "worker" have the same meaning as in section 296 of that Act.
      (4) The payment of higher wages or higher rates of pay or overtime or the payment of any signing on or other bonuses or the provision of other benefits having a monetary value to other workers employed by the same employer shall not constitute a detriment to any worker not receiving the same or similar payments or benefits within the meaning of subsection (1)(a) of this section so long as-
 
 
    (a) there is no inhibition in the contract of employment of the worker receiving the same from being the member of any trade union, and
 
    (b) the said payments of higher wages or rates of pay or overtime or bonuses or the provision of other benefits are in accordance with the terms of a contract of employment and reasonably relate to services provided by the worker under that contract,
  and paragraph 4 of Schedule 2 to this Act and sections 146 and 148(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 shall be construed accordingly.
 
 
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