§ Preliminary
§ 1.—(1) For the purposes of this Schedule the cases where there are normal working hours include cases where the employee is entitled to overtime pay when employed for more than a fixed number of hours in a week or other period, and in those cases that fixed number of hours shall be the normal working hours.
§ (2) In this Schedule the "period of notice" means the period of notice required by section 1(1) or, as the case may be, section 1(2) of this Act.
§ Employments for which there are normal working hours
§ 2.—(1) This paragraph shall apply if there are normal working hours for the employee when employed under the contract of employment in force in the period of notice, and if during any part of those normal working hours—
- (a) the employee is ready and willing to work but no work is provided for him by his employer, or
- (b) the employee is incapable of work because of sickness or injury, or
- (c) the employee is absent from work in accordance with the terms of his employment relating to holidays.
§ (2) If the employee's remuneration for employment in normal working hours, whether by the hour or week or other period, does not vary with the amount of work done, the employer shall be liable to pay the employee for the normal working hours as much as the amount which would have been payable if the employee had been employed throughout the normal working hours.
§ (3) If sub-paragraph 12) does not apply, the employer shall be liable for the part of he normal working hours covered by paragraphs (a), (b) and (c) of sub-paragraph (1) of this paragraph to pay to the employee a sum not less than remuneration for that part of the normal working hours calculated at the average hourly rate of remuneration paid to him in respect of the period of four weeks ending with the last complete week before the notice was given.
§ (4) In arriving at the said average hourly rate of remuneration no account shall be taken of any period during which the employee is incapable of work because of sickness or injury or during which the employee is absent from work in accordance with the terms of his employment relating to holidays, nor of any sick pay, holiday pay or remuneration payable for, or apportionable to, that period; and if for any of the said four weeks no remuneration was payable by the employer to the employee, account shall be taken of remuneration in earlier weeks so as to bring the number of weeks of which account is taken up to four.
§ (5) Any payments made to the employee by his employer in respect of the relevant part of the period of notice, whether by way of sick pay, holiday pay or otherwise, shall 1183 go towards meeting the employer's liability under this paragraph.
§ (6) Where the notice was given by the employee, the employer's liability under this paragraph shall not arise unless and until the employee leaves the service of the employer in pursuance of the notice.
§ (7) References in this paragraph to remuneration varying with the amount of work done include references to remuneration which may include any commission or similar payment which varies in amount.
§ Employments for which there are no normal working hours
§ 3.—(1) This paragraph shall apply if there are no normal working hours for the employee when employed under the contract of employment in force in the period of notice.
§ (2) For each week of the period of notice the employer shall be liable to pay the employee a sum not less than his average weekly rate of remuneration in the period of twelve weeks ending with the last complete week before the notice was given.
§ (3) In arriving at the said average weekly rate of remuneration no account shall be taken of a week in which the employee worked for the employer for less than twenty-one hours; and where, as a result, the period for which the average is to be taken would be less than eight weeks, account shall be taken of remuneration in earlier weeks so as to bring the number of weeks averaged up to eight.
§ (4) Subject to this paragraph, the employer's obligation under this paragraph shall be conditional on the employee being ready and willing to do work of a reasonable nature and amount to earn remuneration at the rate mentioned in sub-paragraph (2).
§ (5) Sub-paragraph (4) shall not affect the liability of the employer—
- (a) in respect of any period during which the employee is incapable of work because of sickness or injury, or
- (b) in respect of any period during which the employee is absent from work in accordance with the terms of his employment relating to holidays,
§ (6) Where the notice was given by the employee, the employer's liability under this paragraph shall not arise unless and until the employee leaves the service of the employer in pursuance of the notice.
§ Absence on leave granted at request of employee
§ 4. The employer shall not be liable under the foregoing provisions of this Schedule to
1184§ make any payment in respect of a period during which the employee is absent from work with the leave of the employer granted at the request of the employee.
§ Notice given before a strike
§ 5. No payment shall be due under this Schedule in consequence of a notice to terminate a contract given by an employee if, on or before the termination of the contract, the employee takes part in a strike of employees of the employer.
§ In this paragraph "strike" has the same meaning as in Schedule 1 to this Act.
§ Termination of employment during period of notice
§ 6.—(1) If before the termination of the contract in pursuance of the notice the employer breaks the contract of employment, payments received under this Schedule in respect of the period after the breach shall go towards mitigating the damages recoverable by the employee for loss of earnings in that period.
§ (2) If before the termination of the contract in pursuance of the notice the employee breaks the contract of employment, no payment shall be due to him under this Schedule in respect of the period after the breach.
§ Supplemental
§ 7.—(1) In arriving at an average hourly rate of average weekly rate of remuneration under this Schedule—
- (a) account shall be taken of work for a former employer within the period for which the average is to be taken if by virtue of paragraph 10 of Schedule 1 to this Act a period of employment with the former employer counted as part of the employee's continuous period of employment with the later employer, and
- (b) "week" means, for an employee whose remuneration is calculated weekly by a week ending with a day other than Saturday, a week ending with that other day, and, for other employees, means a week ending with Saturday.
§ 8. Where under this Schedule account is to be taken of remuneration or other payments for a period which does not coincide with the periods for which the remuneration or other payments are calculated, the remuneration or other payments shall be apportioned in such manner as may be just.—[Mr. Whitelaw.]
§ Brought up, and read the First and Second Time.
§
Amendment proposed: In paragraph I(1) after first "hours", insert:
together with an estimated average of hours of overtime".—[Mr. Gunter.]
§ Question put, That those words be there inserted in the proposed Schedule:—
§ The House divided: Ayes 152, Noes 199.
1187| Division No. 106.] | AYES | [8.53 p.m. |
| Abse, Leo | Awbery, Stan (Bristol Central) | Barnett, Guy |
| Ainsley, William | Bacon, Miss Alice | Baxter, William (Stirlingshire, W.) |
| Beaney, Alan | Howell, Denis (Small Heath) | Paget, R. T. |
| Bence, Cyril | Hoy, James H. | Peart, Frederick |
| Bennett, J. (Glasgow, Bridgeton) | Hughes, Cledwyn (Anglesey) | Pentland, Norman |
| Blackburn, F. | Hughes, Emrys (S. Ayrshire) | Prentice, R. E. |
| Blyton, William | Hughes, Hector (Aberdeen, N.) | Price, J. T. (Westhoughton) |
| Boardman, H. | Hunter, A. E. | Probert, Arthur |
| Bottomley, Rt. Hon. A. G. | Hynd, H. (Accrington) | Randall, Harry |
| Bowden, Rt. Hn. H. W. (Leics,S.W.) | Hynd, John (Attercliffe) | Rankin, John |
| Bray, Dr. Jeremy | Irvine, A. J. (Edge Hill) | Redhead, E. C. |
| Brockway, A. Fenner | Irving, Sydney (Dartford) | Rhodes, H. |
| Broughton, Dr. A. D. D. | Janner, Sir Barnett | Roberts, Goronwy (Caernarvon) |
| Brown, Thomas (Ince) | Jay, Rt. Hon. Douglas | Robertson, John (Paisley) |
| Carmichael, Nell | Jenkins, Roy (Stechford) | Rodgers, W. T. (Stockton) |
| Cliffe, Michael | Johnson, Carol (Lewisham, S.) | Rogers, G. H. R. (Kensington, N.) |
| Collick, Percy | Jones, Dan (Burnley) | Ross, William |
| Corbet, Mrs. Freda | Jones, Elwyn (West Ham, S.) | Short, Edward |
| Craddock, George (Bradford, S.) | Jones, J. Idwal (Wrexham) | Silverman, Julius (Aston) |
| Crossman, R. H. S. | Kelley, Richard | Skeffington, Arthur |
| Dalyell, Tam | Kenyon, Clifford | Slater, Mrs. Harriet (Stoke, N.) |
| Davies, G. Elfed (Rhondda, E.) | King, Dr. Horace | Slater, Joseph (Sedgefield) |
| Davies, Harold (Leek) | Lawson, George | Small, William |
| Davies, S. O. (Merthyr) | Ledger, Ron | Soskice, Rt. Hon. Sir Frank |
| Dempsey, James | Lee, Frederick (Newton) | Spriggs, Leslie |
| Diamond, John | Lever, L. M. (Ardwick) | Steele, Thomas |
| Dodds, Norman | Loughlin, Charles | Stewart, Michael (Fulham) |
| Driberg, Tom | Mabon, Dr. J. Dickson | Stonehouse, John |
| Duffy, A. E. P. | McBride, N. | Stones, William |
| Edelman, Maurice | MacDermot, Niall | Symonds, J. B. |
| Edwards, Rt. Hon. Ness (Caerphilly) | McInnes, James | Taverne, D. |
| Edwards, Robert (Bilston) | McKay, John (Wallsend) | Taylor, Bernard (Mansfield) |
| Fernyhough, E. | MacMillan, Malcolm (Western Isles) | Thomas, George (Cardiff, W.) |
| Fletcher, Eric | MacPherson, Malcolm (Stirling) | Thomas, Iorwerth (Rhondda, W.) |
| Forman, J. C. | Mallalieu, E. L. (Brigg) | Thompson, Dr. Alan (Dunfermline) |
| Fraser, Thomas (Hamilton) | Manuel, Archie | Timmons, John |
| Galpern, Sir Myer | Mapp, Charles | Tomney, Frank |
| George, LadyMeganLloyd(Crmrthn) | Marsh, Richard | Wainwright, Edwin |
| Ginsburg, David | Mason, Roy | Warbey, William |
| Gourlay, Harry | Mendelson, J. J. | Watkins, Tudor |
| Greenwood, Anthony | Millan, Bruce | Whitlock William |
| Grey, Charles | Mitchison, G. R. | Wilkins, W. A. |
| Griffiths, David (Rother Valley) | Moody, A. S. | Williams, D. J. (Neath) |
| Griffiths, Rt. Hon. James (Llanelly) | Morris, John | Williams, LI. (Abertillery) |
| Gunter, Ray | Mulley, Frederick | Williams, W. T. (Warrington) |
| Hamilton, William (West Fife) | Neal, Harold | Willis, E. G. (Edinburgh, E.) |
| Hannan, William | Noel-Baker, Rt.Hn.Philip(Derby, S.) | Winterbottom, R. E. |
| Harper, Joseph | Oliver, G. H. | Yates, Victor (Ladywood) |
| Hayman, F. H. | O'Malley, B. K. | |
| Hill, J. (Midlothian) | Oram, A. E. | TELLERS FOR THE AYES: |
| Holman, Percy | Oswald, Thomas | Mr. Charles A. Howell and |
| Houghton, Douglas | Owen, Will | Mr. McCann. |
| NOES | ||
| Agnew, Sir Peter | Cooper-Key, Sir Neill | Goodhew, Victor |
| Allason, James | Cordeaux, Lt.-Col. J. K. | Gower, Raymond |
| Atkins, Humphrey | Cordle, John | Grant-Ferris, R. |
| Awdry, Daniel (Chippenham) | Corfield, F. V. | Gresham Cooke, R. |
| Barlow, Sir John | Costain, A. P. | Grosvenor, Lt.-Col. R. G. |
| Batsford, Brian | Coulson, Michael | Hamilton, Michael (Wellingborough) |
| Banter, Sir Beverley (Southgate) | Craddock Sir Beresford (Spelthorne) | Harris, Reader (Heston) |
| Berkeley, Humphry | Crawley, Aidan | Harrison, Col. Sir Harwood (Eye) |
| Bevins, Rt. Hon. Reginald | Currie, G. B. H. | Harvey, Sir Arthur Vere (Macclesf'd) |
| Biffen, John | Dance, James | Harvey, John (Walthamstow, E.) |
| Bingham, R. M. | d'Avigdor-Goldsmid, Sir Henry | Hastings, Stephen |
| Bishop, F. P. | de Ferranti, Basil | Heald, Rt. Hon. Sir Lionel |
| Black, Sir Cyril | Donaldson, Cmdr. C. E. M. | Henderson, John (Cathcart) |
| Bossom, Hon. Clive | Drayson, G. B. | Hendry, Forbes |
| Bourne-Arton, A. | du Cann, Edward | Hiley, Joseph |
| Bowen, Roderic (Cardigan) | Duncan, Sir James | Hill, J. E. B. (S. Norfolk) |
| Box, Donald | Eden, John | Hirst, Geoffrey |
| Brewis, John | Elliot, Capt. Walter (Carshalton) | Hocking, Philip N. |
| Bryan, Paul | Elliott,R.W.(Newc'tle-upon-Tyne,N.) | Holland, Philip |
| Buck, Antony | Emmet, Hon. Mrs. Evelyn | Hollingworth, John |
| Bullard, Denys | Errington, Sir Eric | Hooson, H. E. |
| Carr, Compton (Barons Court) | Farey-Jones, F. W. | Hornby, R. P. |
| Carr, Robert (Mitcham) | Fell, Anthony | Hornsby-Smith, Rt. Hon. Dame P. |
| Cary, Sir Robert | Finlay, Graeme | Howard, John (Southampton, Test) |
| Chichester-Clark, R. | Fletcher-Cooke, Charles | Hughes Hallett, Vice-Admiral John |
| Clark, Henry (Antrim, N.) | Fraser, Ian (Plymouth, Sutton) | Hughes-Young, Michael |
| Clark, William (Nottingham, S.) | Gammans, Lady | Hulbert, Sir Norman |
| Clarke, Brig. Terence(Portsmth, W.) | Gibson-Watt, David | Hutchison, Michael Clark |
| Cleaver, Leonard | Gilmour, Ian (Norfolk, Central) | Irvine, Bryant Godman (Rye) |
| Cole, Norman | Gilmour, Sir John (East Fife) | James, David |
| Cooper, A. E. | Goodhart, Philip | Johnson, Eric (Blackley) |
| Johnson Smith, Geoffrey | Nicholson, Sir Godfrey | Studholme, Sir Henry |
| Jones, Arthur (Northants, S.) | Oakshott, Sir Hendrie | Summers, Sir Spencer |
| Joseph, Rt. Hon. Sir Keith | Osborne, Sir Cyril (Louth) | Taylor, Frank (M'ch'st'r, Moss Side) |
| Kaberry, Sir Donald | Page, Graham (Crosby) | Teeling, Sir William |
| Kershaw, Anthony | Peel, John | Temple, John M. |
| Kirk, Peter | Percival, Ian | Thomas, Sir Leslie (Canterbury) |
| Kitson, Timothy | Peyton, John | Thornton-Kemsley, Sir Colin |
| Lancaster, Col. C. G. | Pickthorn, Sir Kenneth | Thorpe, Jeremy |
| Leavey, J. A. | Pike, Miss Mervyn | Tiley, Arthur (Bradford, W.) |
| Legge-Bourke, Sir Harry | Pilkington, Sir Richard | Touche, Rt. Hon. Sir Gordon |
| Lilley, F. J. P. | Pitt, Dame Edith | Turner, Colin |
| Lindsay, Sir Martin | Pott, Percivall | Turton, Rt. Hon. R. H. |
| Litchfield, Capt. John | Price, David (Eastleigh) | Tweedsmuir, Lady |
| Longbottom, Charles | Prior, J. M. L. | van Straubenzee, W. R. |
| Lubbock, Eric | Prior-Palmer, Brig. Sir Otho | Vane, W. M. F. |
| MacArthur, Ian | Proudfoot, Wilfred | Vaughan-Morgan, Rt. Hon. Sir John |
| McLaren, Martin | Ramsden, James | Wade, Donald |
| McLaughlin, Mrs. Patricia | Rawlinson, Sir Peter | Walder, David |
| Maclean, Sir Fitzroy (Bute&N.Ayrs) | Hedmayne, Rt. Hon. Martin | Walker, Peter |
| Macleod, Rt. Hn. Iain (Enfield, W.) | Rees, Hugh | Walker-Smith, Rt. Hon. Sir Derek |
| MacLeod, John (Ross & Cromarty) | Renton, Rt. Hon. David | Wall, Patrick |
| McMaster, Stanley R. | Ridsdale, Julian | Ward, Dame Irene |
| Macmillan, Maurice (Halifax) | Rodgers, John (Sevenoaks) | Whitelaw, William |
| Macpherson, Rt.Hn.Niall(Dumfries) | Roots, William | Williams, Dudley (Exeter) |
| Maginnis, John E. | Royle, Anthony (Richmond, Surrey) | Williams, Paul (Sunderland, S.) |
| Markham, Major Sir Frank | Russell, Ronald | Wills, Sir Gerald (Bridgwater) |
| Marten, Neil | St. Clair, M. | Wilson, Geoffrey (Truro) |
| Mawby, Ray | Sharples, Richard | Wolrige-Gordon, Patrick |
| Maxwell-Hyslop, R. J. | Shaw, M. | Woodhouse, C. M. |
| Maydon, Lt.-Cmdr. S. L. C. | Shepherd, William | Woodnutt, Mark |
| Mills, Stratton | Skeet, T. H. H. | Woollam, John |
| Miscampbell, Norman | Smith, Dudley (Br'ntf'd & Chiswick) | Worsley, Marcus |
| Montgomery, Fergus | Speir, Rupert | |
| More, Jasper (Ludlow) | Stevens, Geoffrey | TELLERS FOR THE NOES: |
| Morgan, William | Stodart, J. A. | Mr. Gordon Campbell and |
| Neave, Airey | Stoddart-Scott, Col. Sir Malcolm | Mr. Pym. |
| Nicholls, Sir Harmar | Storey, Sir Samuel |
§ Schedule added to the Bill.