Clause 9 - Employer's notice to end bargaining arrangements
Employment Relations Bill
3:00 pm
Mr Henry Bellingham (North West Norfolk, Conservative)
Clause 9 deals with the employer's notice to end bargaining arrangements. That notice may be given if the employer believes that he, with any associated employer, employed an average of fewer than 21 workers in any period of 13 weeks, and if three years have passed since the CAC awarded recognition. The CAC must decide if such notice complies with the requirements of paragraph 99(3) of schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992. The requirements are that the notice
''(a) identifies the bargaining arrangements,
(b) specifies the period of 13 weeks in question,
(c) states the date on which notice is given''
and—this is the requirement relevant to the amendment—
''(d) is given within the period of 5 working days starting with the day after the last day of the specified period of 13 weeks.''
We are saying that 14 should be inserted instead of five.
We are discussing small and medium-sized enterprises—for example, companies employing slightly more than 21 employees, or small manufacturing plants that we all visit in our constituencies, where the owner-manager is often under enormous pressure and strain and is reeling under the burden of substantial extra regulations on the business. The Federation of Small Businesses
recently said that most owner-managers spend at least 10 hours a week dealing with regulation and burdensome business.
Given those circumstances, and in the interests of making life easier—not trying in any way to stop unions and union members from enjoying their rights—we are considering the interests of small and medium-sized enterprises, and would like to substitute five working days for 14 working days. That is a reasonable request and I hope that the Minister will consider it. We have not had any success yet, although we have had a few nods and winks from him suggesting that he will reconsider some of our suggestions. I think that this is a reasonable and sensible suggestion and I hope that he will accept it.