Clause 9 - Employer's notice to end bargaining arrangements
Employment Relations Bill
3:00 pm
Mr Gerry Sutcliffe (Parliamentary Under-Secretary (Employment Relations, Competition and Consumers), Department of Trade and Industry; Bradford South, Labour)
I appreciate the spirit in which the amendments have been tabled, but I am always concerned when someone says, ''Help me a little; I am trying to help you.'' Amendments Nos. 34 and 35 are closely linked and would ensure a change to the time limit in the statutory procedure. That time limit is in paragraph 99 of schedule A1 to the 1992 Act, which deals with an employer wishing to derecognise the union or unions because employment has fallen below 21 workers.
The process begins with the employer issuing a notice to the union or unions concerned and copying it to the CAC. The notice must contain various pieces of information and specify the 13-week period when employment was on average fewer than 21 workers. The notice must be issued within five working days of the end of that period. The amendment would extend that period from five to 14 working days. It is possible that the hon. Member for North-West Norfolk was thinking in terms of calendar days, rather than working days, when he tabled the amendment, but the overall intention is to give more time to the employer to issue the notice.
I am far from convinced that that extra time is needed. Generally speaking, we are addressing a situation in which employment is falling from a point where 21 or more workers are employed to one where employment is below 21. That could be a short-lived phenomenon, but it is more likely to be longer lasting or even permanent. If so, a little slippage in the reference period should not severely affect the calculation.
For example, if an employer for some reason could not get the notice out in time for a reference period ending on March 1, he could always issue a slightly reworded notice the day after in respect of a reference period ending on March 2. In other words, it is unlikely that he would lose his ability to derecognise if a problem about the notice ever arose.
I see no obvious reason why the employer will not be able to issue the notice on time in virtually all situations. Most bargaining units are small, and we are not talking about intricate calculations. We do not agree with the case to increase the notice period from what will often be one working week to nearly three working weeks. Despite the hon. Gentleman's plea, I ask him to withdraw the amendment.