HC Deb 05 August 1975 vol 897 cc382-3
Mr. Booth

I beg to move Amendment No. 235, in page 83, line 20 leave out subsections (3) and (4) and insert— '(3) Without prejudice to the power conferred by subsection (1) above to specify a description of claim which may be brought before an industrial tribunal, this section does not apply to any claim mentioned in subsection (2) above unless the claim satisfies either of the following conditions, that is to say—

  1. (a) it arises or is outstanding on the termination of the claimant's employment; or
  2. (b) it arises in circumstances which also give rise to proceedings already or simultaneously brought before an industrial tribunal otherwise than by virtue of this section;
or, if an order under this section to provides, it satisfies both those conditions. '.

Mr. Deputy Speaker (Mr. Oscar Murton)

With this amendment we may debate Amendment No. 187, in page 83, line 21 leave out from beginning to end of line 26 and insert 'which arise out of or in relation to the facts before an industrial tribunal relating to a complaint which has been brought before an industrial tribunal otherwise than by virtue of this section'.

Mr. Booth

The effect of the Government amendment is to enable the Lord Chancellor and the Secretary of State for Scotland to introduce a breach of contract jurisdiction for industrial tribunals to cover either every type of breach of contract claim connected with, or outstanding on, the termination of an employee's employment, or any breach of contract claim which arises directly from a claim under one of the tribunal's other jurisdictions, or to cover both.

I urge the House to reject Amendment No. 187, as it would confine the scope of the order-making power of the Minister to deal with such breach of contract claims. It is important to retain the power for Ministers to make an order for tribunals to exercise a breach of contract jurisdiction in respect of any claim for wrongful dismissal, whether or not linked with a complaint under one of the tribunals' existing jurisdictions. I therefore ask the hon. Member concerned to consider not moving Amendment No. 187.

Mr. Brittan

I shall not move our amendment. I do not pretend that the Government amendment fully meets our points, but it is sufficiently close to what the Opposition have in mind for it to be undesirable for us to proceed with Amendment No. 187 at this stage.

Amendment agreed to.

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