HC Deb 23 March 1971 vol 814 cc432-3

Amendment proposed: No. 241, in page 93, line 41, at end insert—

(2) Subject to the next following subsection, where an employee takes part in a strike after due notice of his intention to do so has been given by him or on his behalf, his action in taking part in the strike shall not be regarded as a breach of his contract of employment for the puposes of—

  1. (a) any proceedings in contract brought against the employee in respect of breach of that contract, or
  2. (b) any proceedings in tort, whether brought against the employee or brought against any other person, or
  3. (c) section 5 of the Conspiracy, and Protection of Property Act 1875 (breach of contract involving injury to persons or property), or
  4. (d) section 85 of this Act.

(3) Subsection (2) of this section shall not apply to any action by an employee which is contrary to a term of his contract of employment (including any term applied or incorporated in that contract by reference to a collective agreement or by reference to any provisions having effect as a contract by virtue of an order under section 39 of this Act) excluding or restricting his right to take part in a strike.

(4) Nothing in subsection (2) of this section shall be taken to exclude or restrict any right which an employer would have apart from that subsection to dismiss (with or without notice) an employee who takes part in a strike.—[Mr. Dudley Smith.]

Question put, That the Amendment be made:—

The House proceeded to a Division—

Mr. Iremonger

(seated and covered): On a point of order, Mr. Speaker. It was the impression of many hon. Members that when you called for the voices there was a call of "Aye" but no call of "No". In these circumstances, does the House understand that it is to divide?

Mr. Speaker

The House will have an opportunity of making a decision when I put the Question again in a few seconds.

Amendment agreed to.

Amendment proposed: No. 242, in page 93, line 45, at end insert— (6) In the application of this section to Scotland, "proceedings in tort" shall be construed in accordance with section I24(a) of this Act.—[Mr. Dudley Smith.]

Question put, That the Amendment be made:—

The House divided: Ayes 256, Noes 147.

[For Division List 326 see col. 813.]

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