Amendments made: 77, page 126, line 15, at end insert

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

This amendment is consequential on amendment 64.

Amendment 78, page 126, line 15, at end insert—

“(ja) subsection (1)(a) or (6) of section 104BB, subsection (1)(b) of that section (read with subsection (2) of that section) or subsection (3) of that section (read with subsections (4) and (5) of that section);”.

This amendment is consequential on amendment 65.

Amendment 240, page 126, leave out lines 23 and 24.

This amendment ensures that, when section 108A of the Employment Rights Act 1996 (inserted by paragraph 2 of Schedule 2 to the Bill) comes into force, section 104I of that Act (inserted by clause 24 of the Bill) will not apply to the dismissal of an employee if, at the time of dismissal, the employee has not yet started work.

Amendment 241, page 128, line 39, at end insert—

“( ) in paragraph 160 (right not to be subjected to detriment: compensation), in sub-paragraph (2)(b)—

(i) for “124(1)” substitute “124”;

(ii) at the end insert “(ignoring any different sum specified as the limit for a dismissal that meets the conditions in section 98ZZA(2) and (3) of that Act).”;”.

Paragraph 156 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 provides that a worker has the right not to be subjected to any detriment by the worker’s employer resulting from, among other things, the worker supporting recognition of a trade union. Paragraph 160 of that Schedule provides that the compensation payable where such detriment consists of the termination of the worker’s contract is subject to a limit calculated by reference to the maximum amount of a compensatory award for an employee who has been unfairly dismissed. This amendment would make it clear that the relevant figure for this calculation remains the standard maximum, not any different amount specified for cases where an employee is dismissed during the initial period of employment.

Amendment 242, page 130, line 5, at beginning insert—

“(1) The National Minimum Wage Act 1998 is amended as follows.

(2) In section 24 (enforcement of right not to be subjected to detriment), in subsection (4)(b)—

(a) for “124(1)” substitute “124”;

(b) after “section 123 of that Act” insert “(ignoring any different sum specified as the limit for a dismissal that meets the conditions in section 98ZZA(2) and (3) of that Act)”.”

Section 23 of the National Minimum Wage Act 1998 provides that a worker has the right not to be subjected to any detriment by the worker’s employer resulting from, among other things, the worker seeking to enforce the right to the minimum wage. Section 24(3) and (4) of that Act provides that the compensation payable where such detriment consists of the termination of the worker’s contract is subject to a limit calculated by reference to the maximum amount of a compensatory award for an employee who has been unfairly dismissed. This amendment would make it clear that the relevant figure for this calculation remains the standard maximum, not any different amount specified for cases where an employee is dismissed during the initial period of employment.

Amendment 243, page 130, line 28, at beginning insert—

“(1) In Part 1 of the Pensions Act 2008 (pension scheme membership for jobholders), Chapter 3 (safeguards: employment and pre-employment) is amended as follows.

(2) In section 56 (enforcement of right not to be subjected to detriment), in subsection (4)(b)—

(a) for “124(1)” substitute “124”;

(b) at the end insert “(ignoring any different sum specified as the limit for a dismissal that meets the conditions in section 98ZZA(2) and (3) of that Act).””—(Justin Madders.)

Section 55 of the Pensions Act 2008 provides that a worker has the right not to be subjected to any detriment by the worker’s employer resulting from, among other things, the worker seeking to enforce the duties imposed by that Act in relation to pension enrolment. Section 56(3) and (4) of that Act provides that the compensation payable where such detriment consists of the termination of the worker’s contract is subject to a limit calculated by reference to the maximum amount of a compensatory award for an employee who has been unfairly dismissed. This amendment would make it clear that the relevant figure for this calculation remains the standard maximum, not any different amount specified for cases where an employee is dismissed during the initial period of employment.