With this it will be convenient to discuss the following:
New clause 1—Removal of requirement for protected disclosures to be made in good faith—
‘The Employment Rights Act 1996 is amended as follows:
‘(1) Omit “in good faith”—
(a) in section 43C (Disclosures qualifying for protection), in subsection (1),
(b) in section 43E (Disclosure to Minister of the Crown), in paragraph (b), and
(c) in section 43F (Disclosure to prescribed person), in subsection (1)(a).
(2) Omit “makes the disclosure in good faith,
(b) he”—
(a) in section 43G (Disclosure in other cases), in subsection (1), and
(b) in section 43H (Disclosure of exceptionally serious failure), in subsection (1).’.
New clause 2—Duty on employers to prevent detriment caused by others to workers who have made protected disclosures—
‘(1) The Secretary of State shall make regulations requiring an employer, where a worker has made a protected disclosure under section 43A of the Employment Rights Act 1996, to take reasonable steps to ensure that the worker is not subjected to any detriment
by any act, or any deliberate failure to act, by a person other than his employer done on the ground that worker has made the disclosure.
(2) Regulations under this section—
(a) are to be made by statutory instrument, and
(b) are not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.’.
Amendment 80, in clause 7, page 4, line 13, at end insert—
‘(1) Prior to the commencement of this section, the Secretary of State shall carry out an impact assessment into the effect of the introduction of proposed fees for the employment tribunal system and the impact this will have on the effectiveness of ACAS conciliation proceedings.’.
Government amendments 6 and 7.
Amendment 51, page 5, line 43, at end insert—
‘(e) preventing an employer or ex-employer of a prospective Claimant from applying for costs against the prospective Claimant under the Employment Tribunal Rules or other measures to provide an incentive to employers or ex-employers to take part in the conciliation process.’.
Amendment 52, in clause 11, page 7, line 27, after (2) insert
‘With the consent of the parties but not otherwise.’.
Amendment 53, page 7, leave out lines 29 to 38.
Amendment 54, page 8, leave out lines 1 to 10.
Amendment 81, leave out clause 12.
Government amendments 8 to 10.
Amendment 82, leave out clause 13.
Government amendments 11 to 13.
Amendment 70, in clause 13, page 9, leave out line 15.
Government amendment 14.
Amendment 71, page 9, line 32, leave out
‘in whatever way the Secretary of State thinks fit’
and insert
‘by the Secretary of State following consultation with the TUC and CBI’.
Government amendment 15.
Amendment 58, leave out clause 14.
Amendment 59, in clause 14, page 10, line 11, at end insert—
‘(c) and where the employer employs in excess of 10 employees at the time of the claim first being submitted to ACAS as per section 18A of this Act,’.
Amendment 92, page 10, line 14, at end insert—
‘(1A) The Secretary of State shall by regulations provide for an employer to pay a penalty to the Secretary of State for each period of time (as specified in those regulations) that passes during which an award of compensation under Part X of the Employment Rights Act 1996 has not yet been paid by the employer.’.
Amendment 72, page 10, line 17, leave out from ‘£5,000’ until end of line 4 on page 11.
Amendment 83, page 10, leave out lines 20 to 25.
Amendment 73, page 11, line 47, after ‘Fund’, insert
‘to be spent with the objective of promoting awareness of employment rights and promoting training for employment.’.
Amendment 94, in clause 15, page 12, line 4, leave out from ‘(protection),’ to end of line 5, and insert ‘after subsection (2), insert—
‘(2A) The disclosure of information relating to a private contractual matter to which the person making the disclosure is party is not a qualifying disclosure unless the worker making the disclosure reasonably believes it to be made in the public interest.”.’.
Government amendments 16, 17 and 31.
Amendment 57, in schedule 2, page 65, line 22, leave out ‘one month’ and insert ‘six months’.