New clause

HC Deb 31 October 1995 vol 265 cc149-50

Lords amendment: No. 22, after clause 11, to insert the following new clause—Discrimination against contract workers— .—(1) It is unlawful for a principal, in relation to contract work, to discriminate against a disabled person—

1. (a) in the terms on which he allows him to do that work;
2. (b) by not allowing him to do it or continue to do it;
3. (c) in the way he affords him access to any benefits or by refusing or deliberately omitting to afford him access to them; or
4. (d) by subjecting him to any other detriment.

(2) Subsection (1) does not apply to benefits of any description if the principal is concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the contract worker in question, unless that provision differs in a material respect from the provision of the benefits by the principal to contract workers. (3) The provisions of this Part (other than subsections (1) to (3) of section 3) apply to any principal, in relation to contract work, as if he were, or would be, the employer of the contract worker and as if any contract worker supplied to do work for him were an employee of his. (4) In the case of an act which constitutes discrimination by virtue of section 28, this section also applies to discrimination against a person who is not disabled. (5) This section applies only in relation to contract work done at an establishment in Great Britain (the provisions of section 38 about the meaning of "employment at an establishment in Great Britain" applying for the purposes of this subsection with the appropriate modifications). (6) In this section—

• "principal" means a person ("A") who makes work available for doing by individuals who are employed by another person who supplies them under a contract made with A;
• "contract work" means work so made available; and
• "contract worker" means any individual who is supplied to the principal under such a contract."

Mr. Paice

I beg to move, That this House doth agree with the Lords in the said amendment.

Madam Deputy Speaker (Dame Janet Fookes)

With this, it will be convenient to take Lords amendments Nos. 23 to 25, 71, 73, 101, 105, 108 and 109.

Mr. Paice

The amendments deal with the coverage by this Bill of trade organisations and contract workers. That is an issue that we discussed at considerable length in Committee and on Report, so I shall draw my remarks to a close. If hon. Members want to pursue the matter, they may.

Lords amendment agreed to.

Lords amendments Nos. 23 to 29 and 31 to 42 agreed to.

Lords amendment No. 43 and Government amendment (a) thereto agreed to.

Lords amendments Nos. 44 to 46 agreed to.