Amendments made: 90, page 39, line 8, leave out paragraphs (a) and (b) and insert—

“(a) before subsection (1) insert—

‘(A1) Subsection (1) applies where an employer is proposing to dismiss as redundant within a period of 90 days or less—

(a) at least the threshold number of employees (see section 195A), or

(b) 20 or more employees at one establishment.’;

(b) in subsection (1), for the words from ‘Where’ to ‘the employer’ substitute ‘The employer’;

(c) in subsection (1A), for ‘(1)’ substitute ‘(A1)’;

(d) after subsection (2) insert—

‘(2A) This section does not require the employer to—

(a) consult all of the appropriate representatives together, or

(b) undertake the consultation with a view to reaching the same agreement with all of the appropriate representatives.’;

(e) in subsection (4)—

(i) in paragraph (c), at the beginning insert ‘where the employees whom it is proposed to dismiss as redundant are at only one establishment,’;

(ii) after paragraph (c) insert—

‘(ca) where the employees whom it is proposed to dismiss as redundant are at more than one establishment—

(i) the total number of employees of any such description employed by the employer, and

(ii) details of the establishments at which those employees are employed,’.”

This amendment and other amendments to this clause would mean that the Secretary of State can by regulations, in a case where employees are being made redundant at more than one establishment, prescribe a higher number than 20 of those employees for the purposes of determining when the obligations in sections 188 and 193 of the Trade Union and Labour Relations (Consolidation) Act 1992 apply in relation to those employees. The number may be determined by reference to criteria set out in the regulations (for example, by reference to a particular percentage of total employees). This amendment also clarifies that, although consultation under section 188 must be carried out with all appropriate representatives, it need not be carried out with all appropriate representatives together or with a view to reaching the same agreement with all appropriate representatives.

Amendment 91, page 39, line 12, leave out paragraphs (a) and (b) and insert—

“(a) omit subsection (1);

(b) before subsection (2) insert—

‘(1A) Subsection (2) applies where an employer is proposing to dismiss as redundant within a period of 90 days or less—

(a) at least the threshold number of employees (see section 195A), or

(b) 20 or more employees at one establishment.’;

(ba) in subsection (2)—

(i) for the words from ‘An employer’ to ‘period’ substitute ‘The employer’;

(ii) omit paragraphs (a) and (b);

(bb) after subsection (2) insert—

‘(2A) The notice must be given—

(a) before the employer gives notice to terminate an employee’s contract of employment in respect of any of the dismissals;

(b) at least 30 days before the first of the dismissals takes effect, or, where the employer is proposing to dismiss 100 or more employees as mentioned in subsection (1A), at least 45 days before the first of the dismissals takes effect.’;

(bc) in subsection (3), for ‘(1) or (2)’ substitute ‘(1A)’;”.

See the explanatory statement for amendment 90.

Amendment 92, page 39, line 15, at end insert—

“(d) in subsection (6), omit ‘(1) or’;

(e) in subsection (7), for ‘(1)’ substitute ‘(2)’.”.

See the explanatory statement for amendment 90.

Amendment 93, page 39, line 15, at end insert—

“( ) After section 195 insert—

‘195A Construction of references to threshold number of employees

(1) In this Chapter references to the threshold number of employees are references to the number of employees determined in accordance with regulations made by the Secretary of State under this section.

(2) Regulations under this section may (among other things) provide that the number is—

(a) a specified number;

(b) a number determined by reference to a specified percentage of employees;

(c) a number that is the highest or lowest of two or more numbers, whether those numbers are specified numbers, determined by reference to a specified percentage of employees, or determined in another way specified in the regulations.

(3) But the regulations may not provide in any case for the threshold number of employees to be lower than 20.

(4) For the purposes of determining a number by reference to a specified percentage of employees, the regulations may make provision for determining how many employees an employer has, including (among other things)—

(a) provision about the time by reference to which that determination is to be made;

(b) provision excluding employees of a specified description from being taken into account in that determination.

(5) Regulations under this section may make different provision for different purposes, including (among other things)—

(a) different provision in respect of different provisions of this Chapter;

(b) different provision in respect of different descriptions of employer.

(6) Regulations under this section may contain such incidental, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient.

(7) Regulations under this section are to be made by statutory instrument.

(8) A statutory instrument containing regulations under this section (whether alone or with other provision) may not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

(9) In this section “specified” means specified in the regulations.’”

See the explanatory statement for amendment 90.

Amendment 94, page 39, line 15, at end insert—

“( ) In section 193A (redundancies of ships’ crew)—

(a) in subsection (1)(a), omit ‘193(1) or’;

(b) in subsection (2), for ‘section 193(1) or (2)’ substitute ‘section 193(2)’.”

See the explanatory statement for amendment 90.

Amendment 95, page 39, line 17, leave out paragraphs (a) and (b) and insert—

“(a) in paragraph (a), for ‘188(2) and 193(1)’ substitute ‘188(1A) and 193(2A)(b)’;

(b) in the words after paragraph (b), for ‘188(2) and 193(1)’ substitute ‘188(1A) and 193(2A)(b)’.”

See the explanatory statement for amendment 90.

Amendment 96, page 39, line 21, leave out paragraphs (a) and (b) and insert—

“(a) in subsection (1)(b), for the words from ‘20 or more employees’ to ‘or less,’ substitute ‘within a period of 90 days or less—

(i) at least the threshold number of employees (see section 195A), or

(ii) 20 or more employees at one establishment,’;

(b) in subsection (4)(a)—

(i) for ‘and as if’ substitute ‘and, where relevant, as if’;

(ii) for ‘(1)(b)’ substitute ‘(1)(b)(ii)’.”—(Justin Madders.)

See the explanatory statement for amendment 90.