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Lords Amendment: No. 37, after Clause 39, in page 31, line 28, insert
.—(1) Subject to any regulations made under this section, the Secretary of State shall pay out of the Maternity Pay Fund to every employer who makes a claim under this section and who being liable to pay, has paid, maternity pay to an employee, an amount equal to the full amount of maternity pay so paid (in this section and sections (Payments to employees out of Maternity Pay Fund), (Supplementary provisions in relation to employer's insolvency) and (Complaint and appeals to industrial tribunal) below referred to as a "rebate").
(2) The Secretary of State may if he thinks fit, and if he is satisfied that it would be just and equitable to do so having regard to all the relevant circumstances, pay such a rebate to an employer who makes a claim under this section and who has paid maternity pay to an employee in circumstances in which, by reason of the time limit provided for in section 39(2) above, a complaint by the employee has been dismissed, or would not be entertained by an industrial tribunal.
(3) For the purposes of subsections (1) and (2) above, a payment of contractual remuneration by an employer shall be treated as a payment of maternity pay to the extent that, by virtue of section 38(4) above,—
§ (4) The Secretary of State shall make provision by regulations as to the making of claims for rebates under this section and such regulations may in particular—
- (a) require a claim to be made within such time limit as may be prescribed; and
- (b) require a claim to be supported by such evidence as may be prescribed.
§ Read a Second time.
1671§ Amendment to the Lords amendment made, in subsection (1) leave out 'Payments to employees out of Maternity Pay Fund)'.—[Mr. Harold Walker.]
§ Lords amendment, as amended, agreed to.
§ Subsequent Lords amendments agreed to.
| Page 36, line 27, leave out from "a" to end of line 28 and insert "specified union. |
| (4A) For the purposes of this section a trade union— |
| (a) shall be taken to be specified for the purposes of, or in relation to, a union membership agreement if it is specified in the agreement or is accepted by the parties to the agreement as being the equivalent of a union so specified; and |
| (b) shall also be treated as so specified if— |
| (i) the Service has made a recommendation for recognition of that union covering the employee in question which is operative within the meaning of section 15 above; or |
| (ii) subject to subsection (4B) below, the union has referred a recognition issue covering that employee to the Service under section 11 above and it has not withdrawn the reference, or from the reference, and the issue has not been settled or reported on under section 12 above. |
| (4B) Subsection (4A)(b)(ii) above shall not apply where the reference is such a reference as is described in section 12(2) above on which, in accordance with that subsection, the Service declines to proceed." |
§ Read a Second time.
§ Mr. BoothI beg to move, as an amendment to the Lords amendment, in line 14, leave out 'subject to subsection (4B) below'.
§ Mr. SpeakerIt will be convenient to consider at the same time the two other Government amendments to this Lords amendment, and also Lords Amendment No. 200 and the Government amendments thereto.
§ Mr. BoothThe effect of these Lords amendments as we propose that they should be amended is to simplify the procedure for bringing this protection to an end if ACAS declines to proceed with a recognition reference, if, for example, it is frivolous.
§ Mr. MadelI hope that we can have some clarification here. When the amendment was moved by Lord Jacques in the other place on 23rd September, he said that it linked the safeguards to recognition, adding:
The amendments ensure that any union which seeks recognition for the first time, or seeks to have its existing recognition confirmed, cannot find that its position is undermined while its claim is under consideration