Schedule 6 - Minor and consequential amendments
Employment Bill
11:15 am
Mr Alan Johnson (Minister of State (Employment and the Regions), Department of Trade and Industry; Kingston upon Hull West and Hessle, Labour)
It is defined as the rest of the staff and we will make that clear in regulations. If ''employees'' were used, a large section of the work force would be left out. I do not accept the arguments on that, just as I do not accept the arguments about amendment (r) on similar capability. There is no reason why the coverage could not be provided by someone on a different grade and on different terms and conditions; to prohibit that would restrict employers and employees. I apologise: I have departed from my intention to take the amendments in order.
Amendment (d) is the same as amendment (z) and there is no support from employers or parents for the proposed change. I apologise; I have already dealt with that—I am trying to rush through all the amendments in a short space of time. I shall give up trying to go through them in order.
Amendment (s) dealt with the issue of incompatibility with planned structural changes. The hon. Member for Runnymede and Weybridge made a point about Fowler's ''Modern English Usage'' but in terms of the grounds for refusing, if the planned structural changes involved the decision of an individual wanting to work in a shop on Monday, for example, rather than Sunday, for example, which meant that the shop would close on Sunday, that would be grounds for rejection. In terms of incompatibility, the amendment would make an unnecessary addition.
The argument on amendment (u) is the same as that for amendment (t). I have dealt with the question of reasonableness. The amendment tidied up the paragraph on the original amendment. The right to be accompanied is an important point. It is different from the provision under the Employment Relations Act 1996 that one can be accompanied by a trade union representative, regardless of whether he or she is recognised. The taskforce said that that would be wrong; it would have to be a recognised trade union representative, because it is important to have someone who understands the background. The process is not an industrial tribunal, a discipline case or a grievance case; it is about how the workplace operates. That is one important reason.
The taskforce also said that the employee could be accompanied by a friend. We will have to consult widely and draw up the regulations carefully. However, the gist of the taskforce's recommendation was that someone who might have a lot of knowledge—not lawyers; it does not expect lots of
lawyers to come into the workplace—or who might have worked in a similar industry, perhaps a friend who had seen that operate before—
It being twenty-five minutes past Eleven o'clock, The Chairman proceeded, pursuant to Sessional Order D [28 June 2001] and the Order of the Committee [6 December 2001, as amended on 22 January 2002], to put forthwith the Question already proposed from the Chair.
Amendment agreed to.
The Chairman then proceeded to put forthwith the Questions necessary to dispose of the business to be concluded at that time.
Amendments made: No. 201, in page 70, line 27, at end insert—
'In section 191(2) (provisions of the Act which have effect in relation to Crown employment), for paragraph (c) there is substituted—
''(c) Parts 6 to 8A,''.'.
No. 202, in page 70, line 27, at end insert—
'In section 192(2) (provisions of the Act which have effect in relation to service as a member of the armed forces)—
(a) in paragraph (aa), for ''section 45A'' there is substituted ''sections 45A and 47D'', and
(b) for paragraph (c) there is substituted—
''(c) Parts 7, 8 and 8A,''.'.
No. 203, in page 70, line 27, at end insert—
'In sections 194(2) and 195(2) (provisions of the Act which have effect in relation to employment as a member of the House of Lords or House of Commons staff)—
(a) in paragraph (c), for ''and 47C'' there is substituted '', 47C and 47D'', and
(b) for paragraph (e) there is substituted—
''(e) Parts 7, 8 and 8A,''.'.
No. 204, in page 70, line 27, at end insert—
'(1) Section 199 (application of the Act to mariners) is amended as follows.
(2) In subsection (2) (provisions not applying to share fishermen)—
(a) after ''47C,'' there is inserted ''47D,'', and
(b) for ''Parts VII and VIII'' there is substituted ''Parts 7, 8 and 8A''.
(3) In subsection (8) (provisions whose application is subject to the limitation in subsection (7)), for paragraph (d) there is substituted—
''(d) Parts 7, 8 and 8A,''.'.
No. 205, in page 70, line 27, at end insert—
'In section 225 (definition of calculation date for the purposes of the calculation of a week's pay in relation to cases connected with rights during employment), at the end there is inserted—
''(6) Where the calculation is for the purposes of section 80I, the calculation date is the day on which the application under section 80F was made.''.'.
No. 206, in page 70, line 31, leave out paragraph 38 and insert—
'(1) Section 227(1) (maximum amount of week's pay) is amended as follows.
(2) Before paragraph (a) there is inserted—
''(za) an award of compensation under section 80I(1)(b),''.
(3) For ''or'' at the end of paragraph (b) there is substituted—
''(ba) an award under section 112(5), or''.'.
No. 207, in page 70, line 42, after '80B,' insert '80G,'.—[Alan Johnson.]
Schedule 6, as amended, agreed to.
Clause 52 ordered to stand part of the Bill.