Equality Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 77

 

LORD LESTER OF HERNE HILL

81Page 49, line 32, leave out "colleagues" and insert "other persons"
82Page 49, line 34, leave out "a colleague" and insert "another person"
83Page 50, line 1, leave out "a colleague" and insert "another person"
84Page 50, line 2, leave out "a colleague" and insert "another person"
85Page 50, line 3, leave out "a colleague" and insert "another person"
86Page 50, line 14, leave out subsection (6)
 

After Clause 77

 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

87Insert the following new Clause—
  "Equal pay audit following contravention by employer
(1)  In the event that a court or employment tribunal finds that an employer has contravened the provisions of this Act relating to equal pay, the employer shall be required to undertake an audit, to be known as an equal pay audit, and to make the results of the audit available in the prescribed manner.
(2)  In this section "prescribed" means prescribed in regulations made by the Secretary of State."
 

Clause 78

 

LORD LESTER OF HERNE HILL

88Page 50, line 17, leave out "may" and insert "shall"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

89Page 50, line 17, leave out "by regulations" and insert "not"
 

LORD LESTER OF HERNE HILL

90Page 50, line 20, at end insert "which are discriminatory"
91Page 50, line 22, leave out "250" and insert "100"
 

BARONESS WARSI

 

BARONESS MORRIS OF BOLTON

 The above-named Lords give notice of their intention to oppose the Question that Clause 78 stand part of the Bill.
 

After Clause 78

 

LORD LESTER OF HERNE HILL

92Insert the following new Clause—
  "Representative actions in equal pay claims
(1)  The Secretary of State must make regulations to permit the Equality and Human Rights Commission or a registered trade union to apply to a court or tribunal as appropriate for a representative action order in relation to a defined class of persons ("the class") who would benefit from the litigation of rights, or common issues in relation to rights, that members of the class may have as a result of the provisions of this Act.
(2)  The regulations shall make rules in relation to the making and termination of a representative action order and its conduct.
(3)  Such rules shall provide for hearings to be conducted in private when it is necessary for the issues between the members of the class and the Equality and Human Rights Commission or a registered trade union to be resolved and those issues are subject to legal professional privilege shared by members of the class.
(4)  Such rules shall make provision for the hearing of any issue as defined in subsection (3) to be undertaken and managed by a different judge or tribunal from the judge and tribunal that have the responsibility for determining the rights or common issue in relation to rights of the member class."
 

Clause 79

 

BARONESS ROYALL OF BLAISDON

93Page 51, line 6, leave out "colleague of A's only" and insert "comparator"
94Page 51, line 15, leave out "colleague of A's only" and insert "comparator"
95Page 51, line 18, leave out "colleague of A's only" and insert "comparator"
96Page 51, line 24, leave out "colleague of A's only" and insert "comparator"
 

After Clause 81

 

BARONESS GIBSON OF MARKET RASEN

97Insert the following new Clause—
  "Time off for trade union equality representatives
(1)  The Trade Union and Labour Relations Consolidation Act 1992 is amended as follows.
(2)  After section 168A insert—
"168BTime off for trade union equality representatives
(1)  Subject to subsection (4), an employer shall permit an employee of his who is—
(a)  a member of an independent trade union recognised by the employer, and
(b)  an equality representative of the trade union,
  to take time off during his working hours for any of the purposes listed in subsection (2).
(2)  The purposes are—
(a)  carrying on any of the following activities in relation to members of the trade union employed by the relevant employer—
(i)  analysing equality monitoring data and reviewing the impact of policies and practices on different groups;
(ii)  providing information and advice on equality issues;
(iii)  promoting the value of equality and diversity in the workplace;
(iv)  investigating complaints relating to equality at work;
(v)  supporting and advising trade union officials in the carrying out of any duties that concern equality issues;
(vi)  attending equality committees or forums related to equality established by the employer;
(b)  preparing for any of the activities listed in paragraph (a).
(3)  The employer is required to provide information to the representative to enable him to carry out the activities listed in subsection (2)(a)(i) and (iv).
(4)  Subsection (1) only applies if—
(a)  the trade union has given the employer notice that the employee is an equality representative of the trade union, and
(b)  the training condition is met in relation to him.
(5)  The training condition is met if—
(a)  the employee has undergone sufficient training to enable him to carry on the activites mentioned in subsection (2), and the trade union has given the employer notice in writing of that fact.
(b)  the trade union has given the employer notice in writing that the employee will be undergoing such training, or
(c)  within six months of the trade union giving the employer notice in writing that the employee will be undergoing such training, the employee has done so, and the trade union has given the employer notice of that fact.
(6)  If an employer is required to permit an employee to take time off under subsection (1), he shall also permit the employee to take time off during his working hours for the following purposes—
(a)  undergoing training and development activities which are relevant to his functions as an equality representative,
(b)  where the trade union has in the last six months given the employer notice under subsection (5)(b) in relation to the employee, undergoing such training as mentioned in subsection (5)(a).
(7)  The amount of time off which an employee is to be permitted to take under this section and the purposes for which, the occasions on which and any conditions subject to which time off may be so taken, are those that are reasonable in all the circumstances having regard to any relevant provision of a Code of Practice issued by the Advisory Conciliation and Arbitration Service or the Secretary of State.
(8)  An employee may present a complaint to an employment tribunal that his employer has failed to permit him to take time off as required by this section.
(9)  For the purposes of this section, a person is an equality representative of a trade union if he is appointed or elected as such in accordance with its rules.""
 

Schedule 8

 

LORD LOW OF DALSTON

97APage 156, line 9, leave out "and third" and insert ", third and fourth"
97BPage 156, line 18, leave out "and third" and insert ", third and fourth"
97CPage 157, line 16, leave out "and third" and insert ", third and fourth"
97DPage 162, line 34, leave out "or third" and insert ", third or fourth"
 

Schedule 9

 

LORD ALLI

97EPage 165, line 3, leave out paragraph (f)
 

BARONESS O'CATHAIN

 

LORD ANDERSON OF SWANSEA

 

LORD BISHOP OF WINCHESTER

 

BARONESS BUTLER-SLOSS

98Page 165, line 5, leave out "proportionate"
99Page 165, line 9, leave out "proportionate"
 

BARONESS O'CATHAIN

 

LORD ANDERSON OF SWANSEA

 

LORD BISHOP OF WINCHESTER

 

BARONESS BUTLER-SLOSS

100Page 165, line 13, leave out sub-paragraph (8)
 

BARONESS TURNER OF CAMDEN

100APage 165, line 13, at end insert "purpose of the"
101[Withdrawn]
 

BARONESS TURNER OF CAMDEN

101APage 165, line 31, at end insert—
"(d)  A is not operating as a public authority, on behalf of a public authority or operating in relation to a contract with public authorities."
 

LORD LESTER OF HERNE HILL

101B*Page 165, line 31, at end insert—
      "Paragraph 3 does not apply when A is operating—
(a)  on behalf of a public authority, and
(b)  under the terms of contract between the organisation and the public authority."
102Page 167, line 2, leave out paragraph 8
103Page 167, line 13, leave out paragraph 9
 

BARONESS TURNER OF CAMDEN

104Page 167, line 24, at end insert—
"(   )      The Secretary of State may by regulations require employers with more than 250 employees to provide an age profile of those in employment, with particular reference to those aged 50 years and over."
 

Clause 84

 

LORD LESTER OF HERNE HILL

105Page 54, line 33, leave out paragraph (c)
 

Clause 85

 

LORD OUSELEY

106Page 55, line 10, at end insert—
"(3A)  The circumstances in which the responsible body of such a school is to be treated as harassing a pupil under subsection (3)(a) include those where—
(a)  a third party harasses a pupil, and
(b)  the responsible body of such a school failed to take such steps as would have been reasonably practicable to prevent the third party from doing so.
(3B)  Subsection (3A) does not apply unless the responsible body of such a school knows that the pupil has been harassed on at least two other occasions by a third party; and it does not matter whether the third party is the same or different person on each occasion.
(3C)  A third party—
(a)  is a person other than the responsible body of such a school or an employee of that body, and
(b)  may be one or more other pupils of the school."
 

LORD LESTER OF HERNE HILL

106ZA*Page 55, line 44, leave out paragraph (a)
106ZB*Page 56, line 1, leave out paragraph (c)
 

After Clause 89

 

BARONESS TURNER OF CAMDEN

106AInsert the following new Clause—
  "Reserved teachers at schools with a religious character
(1)  The School Standards and Framework Act 1998 is amended as follows.
(2)  In section 58, after subsection (3) insert—
"(3A)  The head teacher of such a school shall not, while holding the post of head teacher of the school, be a reserved teacher.""
 

Schedule 13

 

BARONESS ROYALL OF BLAISDON

107Page 182, line 36, leave out "requirement" and insert "and third requirements"
 

LORD LOW OF DALSTON

107APage 182, line 36, leave out "requirement" and insert "and fourth requirements"
 

BARONESS ROYALL OF BLAISDON

108Page 183, line 4, leave out first "the" and insert "each"
 

LORD LOW OF DALSTON

108APage 183, line 4, leave out "requirement" and insert "requirements"
108BPage 183, line 10, leave out "and third" and insert ", third and fourth"
108CPage 183, line 17, leave out "or (5)" and insert ", (5) or (5A)"
108DPage 183, line 19, at end insert—
"(   )  the reference in section 20(5A) to the provision of information by A is a reference to the provision of information by A or on behalf of A"
108EPage 184, line 4, leave out "and third" and insert ", third and fourth"
108FPage 184, line 12, at end insert—
"(   )  the reference in section 20(5A) to the provision of information by A is a reference to the provision of information by A or on behalf of A"
108GPage 184, line 20, leave out "and third" and insert ", third and fourth"
108HPage 184, line 26, at end insert—
"(   )  the reference in section 20(5A) to the provision of information by A is a reference to the provision of information by A or on behalf of A"
108JPage 184, line 31, leave out "or third" and insert ", third or fourth"
108KPage 184, line 38, leave out "or third" and insert ", third or fourth"

 
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13 January 2010