HL Deb 03 November 1975 vol 365 cc881-2

[Nos. 13 and 14]

Clause 36, page 29, line 13, leave out ("if he so requests")

The Commons disagreed to this Amendment for the following Reason:—

Because it is undesirable, in the interests of both employer and employee, to impose an inflexible requirement of notification in writing in all circumstances.

Lord JACQUES

My Lords, I beg to move that this House doth not insist upon their Amendment No. 13 to which the Commons have disagreed for the Reason numbered 14. The effect of the Amendment is to provide that the employee's notice that she intends to be absent from work because of pregnancy must be in writing in every case and not just when the employer so requires it. There are a number of reasons why we cannot accept this Amendment. First, we have made the provisions with regard to maternity as flexible as possible. This would introduce an element of inflexibility. Secondly, it would increase the unnecessary burden of paperwork. Thirdly, it could mean that a woman could be denied both maternity pay and reinstatement for the purely technical reason that she had not put the notice in writing. Indeed, an employer might be refused a rebate for the purely technical reason that he had paid without its being put in writing, and therefore was not entitled to the rebate. This was disposed of in the other Chamber without even a discussion.

Moved, That this House doth not insist upon their Amendment No. 13 to which the Commons have disagreed for the Reason numbered 14.—(Lord Jacques.)

On Question, Motion agreed to.