§ [Nos. 33 and 34]
§ Schedule 11, page 141, line 11, after ("conditions") insert ("substantially less favourable than").
§ The Commons disagreed to this Amendment for the following Reason:—
§ Because the Amendment makes the meaning of the Schedule less clear and is unnecessary.
§ Lord JACQUESMy Lords, I beg to move that this House doth not insist on their Amendment No. 33, to which the Commons have disagreed for the Reason numbered 34.
My Lords, the Bill provides that where there are no recognised terms and conditions a claim may be reported to ACAS that an employer is observing terms and conditions less favourable than the general level of terms and conditions. The Amendment seeks to insert the word "substantially" so that the terms and conditions would have to be substantially less favourable. The majority in the other place disagreed with this Amendment on two grounds: first of all, the introduction of the word "substantially" would create uncertainty; and, secondly, Schedule 11 to the Bill is in line with the fair wages resolution. This Amendment would make the Schedule inconsistent with the fair wages resolution, and would imply that Parliament was speaking with two voices on the same issue.
§ Moved, That this House doth not insist on their Amendment No. 33 to which the Commons have disagreed for the Reason numbered 34—(Lord Jacques.)
§ On Question, Motion agreed to.