§ UNFAIR DISMISSAL
§ 8. In this Part of this Schedule "the unfair dismissal provisions" means so much of this Act (including this Schedule) and the 1974 Act as relates to unfair dismissal.
§ Death during notice period
§ 9. Where an employer has given notice to an employee to terminate his contract of employment and before that termination the employee or the employer dies, the unfair dismissal provisions shall apply as if the contract had been duly terminated by the employer by notice expiring on the date of the death.
§ 10. Where the employee's contract of employment has been terminated by the employer and by virtue of paragraph 5(6) of Schedule 1 to the 1974 Act a date later than 537 the effective date of termination as defined by sub-paragraph (5) of that paragraph is to be treated as the effective date of termination for the purposes of certain of the unfair dismissal provisions, and before that later date the employee or the employer dies, the said sub-paragraph (6) shall have effect as if the notice referred to in that sub-paragraph as required to be given by the employer would have expired on the death.
§ Remedies for unfair dismissal
§ 11. Where an employee has died, then, unless an order for reinstatement or re-engagement has already been made, the unfair dismissal provisions relating to reinstatement and re-engagement shall not apply; and accordingly if the industrial tribunal finds that the grounds of the complaint are well-founded the case shall be treated as falling within section 64(5) above as a case in which no order is made under section 63 above.
§ 12. If an order for reinstatement or re-engagement has been made and the employee dies before the order is complied with—
- (a) if the employer has before the death refused to reinstate or re-engage the employee in accordance with the order, section 64(2) and (3) above shall apply and an award shall be made under section 64(2)(b) above unless the employer satisfies the tribunal that it was not practicable at the time of the refusal to comply with the order;
- (b) if there has been no such refusal, section 64(1) above shall apply if the employer fails to comply with any ancillary terms of the order which remain capable of fulfilment after the employee's death as it would apply to such a failure to comply fully with the terms of an order where the employee had been reinstated or re-engaged.')'—(Lord Melchett.)
§ On Question, Amendment agreed to.
§ Schedules 12 and 13 agreed to.
§ Schedule 14 [Amendments of Health and Safety at Work etc. Act 1974]:
§ Lord SANDYSI spoke to Amendment No. 130 when I spoke to Amendment No. 98. I beg to move.
§
Amendment moved—
Page 148, line 15, leave out paragraph 1.—(Lord Sandys.)
§ On Question, Amendment agreed to.
The Earl of GOWRIEThe Committee dealt with Amendment No. 130A with Amendment No. 97A. I beg to move.
§
Amendment moved—
Page 148, line 17, leave out paragraph 2.—(The Earl of Gowrie.)
§ On Question, Amendment agreed to.
538§ Lord SANDYSI spoke to Amendment No. 131 and associated with it Amendments Nos. 132 and 133 when I dealt with Amendment No. 98. I beg to move.
§
Amendment moved—
Page 148, line 20, leave out paragraphs 3 to 7.—(Lord Sandys.)
§ On Question, Amendment agreed to.
§ Lord SANDYSAmendment No. 132 is consequential. I beg to move.
§
Amendment moved—
Page 149, line 1, leave out paragraphs 9 to 20.—(Lord Sandys.)
§ On Question, Amendment agreed to.
§ Lord SANDYSI beg to move Amendment No. 133.
§ Amendment moved—
§
Page 150, line 27, at end insert—
(". It shall be the duty of the Commission to submit to the Secretary of State and to Agriculture Ministers at such times and in such manner as may be prescribed, reports as to the operation of the Act in its application to the relevant agricultural purposes, having regard to the general purposes of Part I; and the Minister of Agriculture, Fisheries and Food and the Secretary of State concerned with agriculture in Scotland shall cause any such report to he included in the next respective reports to Parliament under Section 29.").—(Lord Sandys.)
§ On Question, Amendment agreed to.
§ Schedule 14, as amended, agreed to.
§ Schedule 15 [Minor and consequential Amendments]:
§ Lord JACQUESIt would be for the convenience of the Committee if I spoke to Amendments Nos. 134 to 142 inclusive and Amendment No. 154; that is, 10 Amendments altogether. Four of these Amendments—134, 135, 137 and 138—are purely drafting and clarifying Amendments. The remaining six—136, 139, 140, 141, 142 and 154—are consequential. I beg to move Amendment No. 134.
§
Amendment moved—
Page 150, line 41, after ("contract") insert ("of employment").—(Lord Jacques.)
§ On Question, Amendment agreed to.
§ 6.40 p.m.
§ Lord JACQUESI beg to move Amendments Nos. 135 to 142 en bloc.
§ Amendments moved—
§ Page 151, line 21, after ("differ") insert ("(wholly or in part)")
§ Page 151, line 33, leave out ("or") and insert ("and")
§ Page 152, line 21, leave out ("subsection (8)") and insert ("subsections (5) to (8)")
§ Page 153, line 29, after ("he") insert ("was then dismissed or")
§
Page 157, leave out line 29 and 30 and insert.—
10.—(1) In section 22(1) at the end insert the following words "and in particular the provisions of section 3 of this Act shall apply accordingly.".
§
(2) For section 22(2) substitute the following subsection.—
(2) Where the preceding subsection applies, and the employee's contract of employment is not renewed, and he is not re-engaged under a new contract of employment, so as to be treated, by virtue of section 3(3) of this Act as not having been dismissed, he shall, without prejudice to section 3(8) of this Act, be taken for the purposes of this Act to be dismissed by reason of redundancy if the circumstances in which his contract is not so renewed and he is not so re-engaged are wholly or mainly attributable to one or other of the facts specified in paragraphs (a) and (b) of section 1(2) of this Act.".
§
Page 160, line 6, at end insert.—
19A. For paragraphs 3 and 4 of Schedule 4 (renewal of employment by personal representative of deceased employer) substitute the following paragraphs.—
3. Where by virtue of subsection (1) of section 22 of this Act the death of the deceased employer is to be treated for the purposes of this Act as a termination by him of the contract of employment, section 3 of this Act shall have effect subject to the following modifications: —
for subsection (3) there shall be substituted the following subsection—
(3) If an employee's contract of employment is renewed, or he is re-engaged under a new contract of employment, by a personal representative of the deceased employer and the renewal or re-engagement takes effect not later than eight weeks after the death of the deceased employer, then, subject to subsections (5) and (8) of this section, the employee shall not be regarded as having been dismissed by reason of the ending of his employment under the previous contract.".
(b) in subsection (4) paragraph (a) shall be omitted and in paragraph (1) for the words "four weeks" there shall be substituted the words "eight weeks";
(c) in subsections (7) and (8) references to the employer shall be construed as references to the personal representative of the deceased employer.
§
4. Where by reason of the death of the deceased employer the employee is treated for the purposes of this Act as having been dismissed by him, section 2 of this Act shall have effect subject to the following modifications—
(a) for subsection (3) there shall be substituted the following subsection—
(3) If a personal representative of the deceased employer makes an employee an offer (whether in writing or not) to renew his contract of employment, or to re-engage him under a new contract of employment, so that the renewal or re-engagement would take effect not later than eight weeks after the death of the deceased employer the provisions of subsections (5) and (6) of this section shall have effect.";
(b) in subsection (4) paragraph (a) shall be omitted and in paragraph (b) for the words "four weeks" there shall be substituted the words "eight week";
(c)in subsection (5) the reference to the employer shall be construed as a reference to the personal representative of the deceased employer.
§ 19B. In paragraph 5 of Schedule 4 at the end insert "or, as the case may be, whether the employee acted reasonably in terminating the renewed, or new, employment during the trial period referred to in section 3 of this Act".
§ 19C. Paragraph 6 of Schedule 4 is hereby repealed.
§ 19D. In paragraph 7 of Schedule 4 for the words from "as mentioned" to "Schedule" substitute the words "by a personal representative of the deceased employer".
§ 19E. Paragraph 12 of Schedule 4 is hereby repealed."
§ Page 160, line 11, leave out ("without notice").
§
Page 160, line 18, at end insert—
21. Renumber paragraph 17 of Schedule 4 (death of employee after offer of alternative employment) as sub-paragraph (1) of that paragraph.
22. In that sub-paragraph for the words from "subsection (3)" to the end substitute the words "subsection (5) of section 2 of this Act shall apply as if for the words "the employee unreasonably refuses" there were substituted the words "it would have been unreasonable on the part of the employee to refuse.".
§
23. After that sub-paragraph insert the following sub-paragraph:—
(2) Where an employee's contract of employment has been renewed, or he has been re-engaged under a new contract of employment, and during the trial period the employee dies without having terminated or having given notice to terminate the contract, subsection (6) of that section shall apply as if for the words from "and during the trial period" to "terminated" there were substituted the words "and it would have been unreasonable for the employee, during the trial period referred to in section 3 of
541
this Act, to terminate or give notice to terminate the contract".
§
24. After paragraph 17 of Schedule 4, insert the following paragraph:—
17A. Where an employee's contract of employment has been renewed, or he has been re-engaged under a new contract of employment, and during the trial period he gives notice to terminate the contract but dies before the expiry of that notice sections 2(6) and 3 (8)(a) shall have effect as if that notice had expired and the contract had thereby been terminated on the date sof the employee's death.".
25. Renumber paragraph 20 of Schedule 4 as sub-paragraph (1) of that paragraph and—
(2) In relation to the making of a claim by a personal representative of a deceased employee who dies after the end of the period of six months beginning with the relevant date and before the end of the following period of six months, subsection (2) of section 21 of this Act shall apply with the substitution, for the words "six months", of the words "one year"." —(Lord Jacques.)
§ On Question, Amendments agreed to.
§ Lord JACQUESThe effect of this Amendment is to provide a definition of "officer" in relation to an employers' association. It is therefore in the form of a drafting Amendment. I beg to move Amendment No. 143.
§
Amendment moved—
Page 166, line 25, after ("union") insert ("or an employers' association").—(Lord Jacques.)
§ On Question, Amendment agreed to.
§ Lord JACQUESI beg to move Amendments Nos. 144 and 145 together.
§
Amendments moved—
Page 166, line 26, after ("union") insert ("or association").
Page 166, line 27, after ("union") insert ("or association").—(Lord Jacques.)
§ On Question, Amendments agreed to.
§ Lord MELCHETTI believe my noble friend Lord Jacques spoke to this Amendment when he dealt with Amendment No. 28. I beg to move Amendment No. 146.
§ Amendment moved—
§
Page 167, line 8, at end insert—
542
10A. After paragraph 6(5) of Schedule 1 (dismissal in closed shop situation), insert the following paragraph:—
(5A) For the purposes of sub-paragraph (5) above a union shall be treated as specified (in a case where it would not otherwise be so treated) if—
§ On Question, Amendment agreed to.
§ Lord MELCHETTI spoke to this when dealing with Amendment No. 44. I beg to move Amendment No. 147.
§ Amendment moved—
§
Page 168, leave out lines 17 to 37 and insert—
15. For paragraph 20 substitute the fool lowing paragraph:—
20.—(1) The amount of compensation awarded to a person under section 64(1) of the Employment Protection Act 1975 or of a compensatory award to a person calculated in accordance with section 68 of that Act shall not exceed £5,200.
§ (2) The Secretary of State may by order increase the said limit of £5,200 or that limit as from time to time increased under this sub-paragraph, but no such order shall be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
§ (3) It is hereby declared for the avoidance of doubt that the limit imposed by this paragraph applies to the amount which the industrial tribunal would, apart from this paragraph, otherwise award in respect of the subject matter of the complaint after taking into account any payment made by the respondent to the complainant in respect of that matter and any reduction in the amount of the award required by any enactment or rule of law.
§ (4) Section 110 of the Employment Protection Act 1975 shall apply to this paragraph as if it were a provision of that Act.""—(Lord Melchett.)
§ On Question, Amendment agreed to.
§ Lord JACQUESThis is a drafting Amendment which is being made to bring this provision into line with the similar but rather differently worded provision which appears in Clause 18(1)(e). I beg to move Amendment No. 148.
§ Amendment moved—
§
Page 169, line 37, at end insert—
("21A. In paragraph 21(5) of Schedule 1, in paragraph (c) for the words "be seriously prejudicial to the interests of" substitute the words "cause serious injury to".").—(Lord Jacques.)
§ On Question, Amendment agreed to.
§ Lord JACQUES moved Amendment No. 149:
§
Page 170, line 46, at end insert—
("28A. In paragraph 31(1)(b) of Schedule 1 (nominations by members of trade unions) for the words "£500"substitute the words "£1,500".
28B. In paragraph 31 of Schedule 1, for sub-paragraphs (4) and (5) there shall be substituted the following sub-paragraph: —
(4) Sub-paragraph (1)(b) above shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the Administration of Estates (Small Payments) Act 1965, substituting for references to the amount for the time being provided for references to such higher amount as may be specified in the order.".")
§ The noble Lord said: This Amendment has two purposes and it deals with the question of payment of a deceased member's funds without letters of administration, probate of a will or confirmation. Earlier this year both Houses of Parliament agreed to increase the limit so far as general legislation is concerned—that is affecting such things as the National Savings Bank—from £500 to £1,500. The first part of this Amendment is designed to make a similar increase from £500 to £1,500in respect of payments from trade union funds.
§ The second part of this Amendment is to provide that the Treasury can increase this amount by Order, which they can do so far as the general legislation is concerned, so that this second part of the Amendment would make changes automatically and more easily in the future and bring trade union legislation into line with general legislation, with a consequent saving of Parliamentary time. I beg to move.
§ On Question, Amendment agreed to.
§ Lord JACQUESThis is a drafting Amendment. I beg to move Amendment No. 150.
§ Amendment moved—
§
Page 171, line 6, at end insert:
("30. After paragraph 33(4) of Schedule 1, insert the following sub-paragraph:
544
(4A) For the purposes of the application of the provisions of this Act in relation to employment by any such body as is referred to in sub-paragraph (4)(a) above, any reference to redundancy shall be construed as a reference to the existence of such circumstances as, in accordance with any arrangements for the time being in force as mentioned in section 41(3) of the Redundancy Payments Act 1965, are treated as equivalent to redundancy in relation to such employment.".").—(Lord Jacques.)
§ On Question, Amendment agreed to.
§ Lord JACQUESThis is a technical Amendment merely to take account of a change of name. I beg to move Amendment No. 151.
§ Amendment moved—
§
Page 174, line 26, leave out from ("words") to end of line 29 and insert ("'Industrial Arbitration Board' (being words substituted by Part I of Schedule 1 to the Sex Discrimination Act 1975), wherever they occur, substitute the words Central Arbitration Committee'.
(2A) In sections 4, 5 and 10 for the word Board' (being a word so substituted), wherever it occurs except in the expression 'Agricultural Wages Board', substitute the word 'Committee'.").—(Lord Jacques.)
§ On Question, Amendment agreed to.
§
Lord JACQUES moved Amendment No. 152:
Page 176, line 31, at end insert:
§ ("Social Security Pensions Act 1975 (c. 60)
§
. After section 31(8) of the Social Security Pensions Act 1975 there shall be inserted the following subsection: —
(9) A trade union shall be treated as recognised for the purpose of this section not only if it is recognised for the purpose of collective bargaining but also if the Advisory Conciliation and Arbitration Service has made a recommendation for recognition under the Employment Protection Act 1975 and that recommendation is operative within the meaning of section 15 of that Act.".")
§ The noble Lord said: Section 31 of the Social Security Pensions Act 1975 enables the Secretary of State for Social Services to make regulations requiring an employer to disclose information to, and consult, an independent trade union which he recognises for the purpose of collective bargaining, when he intends to elect (or abstain from electing) to contract-out an occupational pensions scheme from the State scheme. The Amendment will require an employer to treat a trade union which has been recommended for recognition by ACAS (where the 545 recommendation has become operative) in the same way as an independent trade union which he recognises, even if he does not implement the recommendation. This is necessary because the recognition provisions of the Bill do not in the ultimate require an employer to implement a recommendation by ACAS as to recognition of a trade union, although they do exert pressure on him to do so. Clearly it would be wrong to allow an employer who refuses to comply with a recognition recommendation to escape from obligations imposed on him in respect of a recognised union. I beg to move.
§ On Question, Amendment agreed to.
§ Lord JACQUESAmendment No. 153 is a drafting Amendment. I beg to move.
§
Amendment moved—
Page 176, line 31, at end insert—
§ "The Sex Discrimination Act 1975 (1975 c.)
§ .—(1) The Sex Discrimination Act 1975 shall be amended in accordance with the following provisions of this paragraph.
§ (2) In section 65(2), for the words 'amount for the time being specified in paragraph 20(1)(b)' substitute the words limit for the time being imposed by paragraph 20'.
§ (3) In the Equal Pay Act 1970 as set out in Part II of Schedule 1 to the Sex Discrimination Act 1975 there shall be made the same amendments as are made to the former Act by paragraph 12 of this Part of this Schedule." —[Lord Jacques.]
§ On Question, Amendment agreed to.
§ Schedule 15, as amended, agreed to.
§ Schedule 16 agreed to.
§ Schedule 17 [Enactments repealed]:
§ Lord JACQUESI spoke to Amendment No. 154 when speaking to Amendment No. 134.
§
Amendment moved—
Page 182, line 9, at end insert ("In Schedule 4, paragraphs 6 and 12").—[Lord Jacques.]
§ On Question, Amendment agreed to.
§
Lord MELCHETT moved Amendment No. 155:
Page 184, line 37, leave out ("3, 9(2)") and insert ("9").
§ The noble Lord said: This is a technical Amendment. It is necessary to preserve paragraph 3 of Schedule 3 to the 1974 Act, since it is that provision which is responsible for the words "Industrial Arbitration Board" which 546 now appear in the Industrial Courts Act 1919 in place of "Industrial Court". Secondly, it is necessary to preserve sub-paragraph 9(2) of the Schedule. I am advised that this is a question of preserving the chronology of the law. I beg to move.
§ On Question, Amendment agreed to.
§ Schedule 17, as amended, agreed to.
§ Lord JACQUESMay I thank the noble Earl, Lord Gowrie, and his colleagues for the help they have given us in getting this Bill through the House. Its passage has been smooth, having regard to all the difficulties and in spite of the differences of opinion. We are exceedingly grateful for the assistance that the noble Earl and his colleagues have given us.
The Earl of GOWRIEI am happy to accept on behalf of the Opposition the kind remarks of the noble Lord, Lord Jacques. It has been a singularly well-tempered Committee, even if, from time to time, we on this side found it an ill-tempered Bill. I am grateful to the noble Lord for what he has said.
§ House resumed: Bill reported with the Amendments.