Amendments made: 51, page 121, line 6, after “27BT,” insert “No. 51, 27BUD(5),”.

This amendment is consequential on NC33.

Amendment 52, page 121, line 6, at end insert—

“(b) after “177 of” insert “, or paragraph 7, 8, 18 or 25 of Schedule A1 to,”.”

This amendment is consequential on NS1.

Amendment 53, page 121, line 14, at end insert—

“(aa) after paragraph (cf) (inserted by sub-paragraph (a)) insert—

(cg) a payment under paragraph 21(1) of Schedule A1 to this Act (agency workers: payment for a cancelled, moved or curtailed shift),”;”.

This amendment is consequential on NS1.

Amendment 54, page 121, line 16, leave out “(cg)” and insert “(ch)”.

This amendment is consequential on amendment 53.

Amendment 55, page 122, line 9, at end insert—

“(iv) section 27BUD(5), or”.

This amendment clarifies that the right not to be subjected to any detriment applies where a worker brings a complaint under section 27BUD(5).

Amendment 56, page 122, line 17, leave out from “has” to end of line 21 and insert

“(as the case may be)—

(a) failed to comply with the duty imposed by section 27BA(1), 27BD(7) or (8) or 27BF(1) or (2), a duty imposed by section 27BJ or 27BK or the duty imposed by section 27BP(1) or 27BR(2), or

(b) behaved as described in section 27BG(3A) or (3B),

but, for subsection (1)(d) or (e) to apply, the claim must be made in good faith.”

This amendment is consequential on amendment 21. It restructures and restates what is in the existing provision and adds the provision in paragraph (b).

Amendment 57, page 122, line 23, after “non-compliance” insert

“, or (as the case may be) alleged behaviour,”.

This amendment is consequential on amendment 21.

Amendment 58, page 123, line 5, at end insert—

“6A After section 47H (inserted by paragraph 6) insert—

“47I Agency workers and Schedule A1 rights

(1) An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by a relevant person done on the ground that the agency worker—

(a) accepted, or proposed to accept, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1,

(b) rejected, or proposed to reject, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1,

(c) declined to work a shift (or part of a shift) on the basis of a reasonable belief that there had been a failure to comply with a duty imposed by paragraph 13 or 14 of Schedule A1 in relation to the shift,

(d) brought proceedings under—

(i) paragraph 7 or 8 of Schedule A1,

(ii) paragraph 18 of Schedule A1,

(iii) paragraph 25 of Schedule A1, or

(iv) section 27BUD(5), or

(e) alleged the existence of any circumstance which would constitute a ground for bringing any proceedings within paragraph (d).

(2) The reference in subsection (1)(b) to an agency worker who rejected an offer includes a reference to an agency worker who is to be treated as having rejected an offer (see paragraph 5(4) of Schedule A1).

(3) It is immaterial for the purposes of subsection (1)(d) or (e) whether or not there has been (as the case may be)—

(a) a failure to comply with the duty imposed by paragraph 1(1), 4(7) or (8) or 6(1) or (2) of Schedule A1, a duty imposed by paragraph 13 or 14 of Schedule A1 or the duty imposed by paragraph 21(1) or 23(4) of Schedule A1, or

(b) behaviour of the type described in paragraph 7(4) or (5) or 8(1) or (2) of Schedule A1,

but, for subsection (1)(d) or (e) to apply, the claim must be made ingood faith.

(4) It is sufficient for subsection (1)(e) to apply that the agency worker made the nature of the alleged non-compliance, or (as the case may be) the alleged behaviour, reasonably clear to either the relevant person or (if different) the person against whom proceedings could be brought.

(5) An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by a relevant person done on the ground that—

(a) the duty imposed by paragraph 1(1) of Schedule A1 applies in relation to the agency worker and a particular reference period, or

(b) the relevant person believes that that duty so applies.

(6) This section does not apply where—

(a) the worker is an employee of the relevant person, and

(b) the detriment in question amounts to dismissal within the meaning of Part 10.

(7) For the purposes of this section, a person is a “relevant person”, in relation to an agency worker, if the person is (or has been)—

(a) a work-finding agency with which the agency worker has a worker’s contract or an arrangement by virtue of which the agency worker is (or is to be) supplied to work for and under the supervision and direction of another person;

(b) a person for and under the supervision and direction of whom the agency worker is (or is to be) supplied to work;

(c) a person who is (or is to be) involved in the supply of the agency worker to a person falling within paragraph (b) or the payment of the agency worker for work done for such a person.

(8) In this section—

“agency worker” has the same meaning as in Part 2A (see section 27BUA);

“reference period” has the same meaning as in Part 1 of Schedule A1 (see paragraph 1(4));

“work-finding agency” has the same meaning as in Part 2A (see section 27BUA).””

This amendment is consequential on NS1.

Amendment 59, page 123, line 10, at end insert—

“(2A) After subsection (1BA) (inserted by sub-paragraph (2)) insert—

(1BB) An agency worker (within the meaning of Part 2A) may present a complaint to an employment tribunal that the agency worker has been subjected to a detriment in contravention of section 47I.””

This amendment is consequential on amendment 58.

Amendment 60, page 123, line 11, at end insert—

“(4) After subsection (2A) insert—

“(2B) On a complaint under subsection (1BB) it is for the relevant person (within the meaning of section 47I) to show the ground on which any act, or deliberate failure to act, was done.”

(5) In subsection (4), in the words after paragraph (b), after “hirer” insert “, or a relevant person (within the meaning of section 47I),”.

(6) In subsection (6), after “49” insert “, except so far as relating to an alleged detriment in contravention of section 47I,”.”

This amendment is consequential on amendment 58.

Amendment 61, page 123, line 13, at end insert—

“(2A) After subsection (1A) insert—

“(1B) Where an employment tribunal finds a complaint under section 48(1BB) well-founded, the tribunal—

(a) must make a declaration to that effect, and

(b) may make an award of compensation to be paid by the relevant person (within the meaning of section 47I) to the complainant in respect of the act or failure to act to which the complaint relates.””

This amendment is consequential on amendment 58.

Amendment 62, page 123, line 14, at end insert—

“(3A) In that subsection, after “(7A)” insert “and (7B)”.”

This amendment is consequential on amendment 58.

Amendment 63, page 123, line 24, at end insert—

“(5) After subsection (7A) (inserted by sub-paragraph (4)) insert—

“(7B) Where—

(a) the complaint is made under section 48(1BB),

(b) the detriment to which the agency worker is subjected is the termination of a worker’s contract between the agency worker and the relevant person, and

(c) that contract is not a contract of employment,

any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the agency worker had been an employee and had been dismissed for a reason specified in section 104BB (and “agency worker” and “relevant person” have the same meaning in this subsection as in section 47I).””

This amendment is consequential on amendment 58.

Amendment 64, page 124, line 3, at end insert—

“(2A) An employee who is dismissed is also to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

(a) brought proceedings against the employer under section 27BG(3A) or (3B), or

(b) alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.

(In relation to other proceedings under section 27BG, see section 104.)

(2B) It is immaterial for the purposes of subsection (2A) whether or not the employer has behaved as described in section 27BG(3A) or (3B) but, for subsection (2A) to apply, the claim must be made in good faith.

(2C) It is sufficient for subsection (2A)(b) to apply that the employee made the nature of the employer’s alleged behaviour reasonably clear to the employer.”

This amendment is consequential on amendment 21.

Amendment 65, page 124, line 15, at end insert—

“9A After section 104BA (inserted by paragraph 9) insert—

“104BB Guaranteed hours: agency workers

(1) An employee who is dismissed by a relevant person (who is their employer) is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

(a) accepted, or proposed to accept, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1, or

(b) rejected, or proposed to reject, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1.

(2) The reference in subsection (1)(b) to an employee who rejected an offer includes a reference to an employee who is to be treated as having rejected an offer (see paragraph 5(4) of Schedule A1).

(3) An employee who is dismissed by a relevant person (who is their employer) is also to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

(a) brought proceedings against the employer under paragraph 8(1) or (2), or

(b) alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.

(In relation to other proceedings under paragraph 8, see section 104.)

(4) It is immaterial for the purposes of subsection (3) whether or not the employer has behaved as described in paragraph 8(1) or (2) but, for subsection (3) to apply, the claim must be made in good faith.

(5) It is sufficient for subsection (3)(b) to apply that the employee made the nature of the employer’s alleged behaviour reasonably clear to the employer.

(6) An employee who is dismissed by a relevant person (who is their employer) is also to be regarded for the purposes of this Part as unfairly dismissed if—

(a) the duty imposed by paragraph 1(1) of Schedule A1 applies in relation to the employee and a particular reference period, or the employer believes that that duty so applies, and

(b) the reason (or, if more than one, the principal reason) for the dismissal is that the employer sought to avoid the necessity of that duty having to be complied with in relation to the employee and the reference period.

(7) In this section—

“reference period” has the same meaning as in Part 1 of Schedule A1 (see paragraph 1(4));

“relevant person” means a person falling within subsection (7)(a) or (c) of section 47I.””

This amendment is consequential on NS1.

Amendment 66, page 124, line 23, at end insert “, or

(c) the reason specified in subsection (2A) of that section (read with subsections (2B) and (2C) of that section).”

This amendment is consequential on amendment 64.

Amendment 67, page 124, line 23, at end insert—

“(b) after subsection (7BZA) (inserted by paragraph (a)) insert—

“(7BZB) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was—

(a) the reason specified in subsection (1)(a) or (6) of section 104BB,

(b) the reason specified in subsection (1)(b) of that section (read with subsection (2) of that section), or

(c) the reason specified in subsection (3) of that section (read with subsections (4) and (5) of that section).””

This amendment is consequential on amendment 65.

Amendment 68, page 124, leave out lines 26 to 28 and insert—

“(gha) any of the following provisions of section 104BA applies—

(i) subsection (1)(a) or (3),

(ii) subsection (1)(b) (read with subsection (2) of that section), or

(iii) subsection (2A) (read with subsections (2B) and (2C) of that section),”.

This amendment is consequential on amendment 64.

Amendment 69, page 124, line 28, at end insert—

“(b) after paragraph (gha) (inserted by paragraph (a)) insert—

“(ghb) any of the following provisions of section 104BB applies—

(i) subsection (1)(a) or (6),

(ii) subsection (1)(b) (read with subsection (2) of that section), or

(iii) subsection (3) (read with subsections (4) and (5) of that section),”.”

This amendment is consequential on amendment 65.

Amendment 70, page 124, line 38, at end insert—

“(4) After subsection (2) insert—

“(3) The remedy of an agency worker (within the meaning of Part 2A) for infringement of any of the rights conferred by Parts 1 to 3 of Schedule A1 and section 47I is, where provision is made for a complaint to an employment tribunal, by way of such a complaint and not otherwise.””

This amendment is consequential on NS1 and amendment 58.

Amendment 71, page 125, line 4, leave out from “is” to end of line 6 and insert “—

(a) where the complaint is under section 27BG(1), (2), (3) or (5), the latest day of the reference period to which the complaint relates on which the worker was employed by the employer under a worker’s contract;

(b) where the complaint is under section 27BG(6)—

(i) the date on which the complaint was presented to the employment tribunal, or

(ii) if the worker was not employed by the employer under a worker’s contract on that date, the latest day before that date on which the worker was so employed.””

This amendment supplements the amendment of section 225 of the Employment Rights Act 1996 by adding a calculation date for determining the permitted maximum for an award of compensation where an employer breaches an information duty imposed by proposed section 27BF of that Act (resulting in a complaint under proposed section 27BG(6)).

Amendment 72, page 125, line 6, at end insert—

“(A2) Where the calculation is for the purposes of section 27BI as applied by section 27BUD(6)(a) in relation to a complaint under section 27BUD(5), the calculation date is the latest day of the reference period to which the complaint relates on which the worker was employed by the employer under a worker’s contract.”

This amendment is consequential on NC33.

Amendment 73, page 125, line 10, at end insert—

“( ) in subsection (1), in paragraph (b) of the definition of “week”, after “86” insert “and paragraph 10 of Schedule A1””.

This amendment is consequential on NS1.

Amendment 74, page 125, line 19, after “27BU(2),” insert “27BUE,”.

This amendment will make regulations under section 27BUE (see NC33) subject to the affirmative procedure.

Amendment 75, page 125, line 19, leave out “27BW,”

This amendment is consequential on amendment 48.

Amendment 76, page 125, line 19, at end insert—

“(b) after “209,” insert “or under paragraph 1(3)(b), (6) or (10), 2(2), (5) or (7)(c), 4(6), 11(1), 12(3), 13(2), 14(3), 15(4), 21(1), (3) or (5), 23(1)(c) or (2), 25(9), 26(2) or 27(2) of Schedule A1,”.—(Justin Madders.)

This amendment is consequential on NS1. The regulation-making powers referred to in this amendment are the ones that will be subject to affirmative parliamentary procedure.