Caroline Nokes
MP for Romsey and Southampton North · Conservative · United Kingdom
“I thank the right hon. Gentleman for his point of order. He will be conscious that there are in the region of 15 more Members wishing to speak in this debate, and we have not yet heard from the Minister, so I am not minded to accept a closure motion at this point.”
“(3) For paragraph (3A) substitute— “(3A) The returning officer shall also provide each polling station with such equipment as is necessary to ensure that relevant persons are able to vote independently and in secret, including— (a) tactile equipment that enables the voter to navigate the ballot paper and accurately mark their chosen candi…”
“(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 50 metres of such station, for the purpose of promoting the interest of a political pa…”
“New clause 97— Power of Electoral Commission to require disclosure from financial institutions — “In Schedule 19B of the Political Parties, Elections and Referendums Act 2000 (investigatory powers of Commission), after paragraph 1 insert— “Power to require disclosure from financial institutions 1A(1) The Commission may give a disclosure n…”
“() In paragraph 6 of schedule 6 (Donations from impermissible donors), after “section 54(1)(a)” insert— “or section 55B.” (8) In Schedule 20, in Table after Section 56(3) or (4) (failure to return donations) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year” Insert— Section 55A(8) (cap on donations) On sum…”
“(2) The specified elections for the purposes of subsection (1) are— (a) UK parliamentary elections, and (b) local government elections in England and Wales.”
The complete record
Every one of 5,486 lines we hold for Caroline Nokes, in date order, each linked to its source. Free to read, in full, without an account. Page 23 of 110.
“New clause 76— Statutory sick pay: gradual increases — “(1) The Secretary of State must, within six months of the passage of this Act, commence a five year period of annual increases to the rate of Statutory Sick Pay. (2) At the end of the five year period under subsection (1), the rate of Statutory Sick Pay must be no less than 80% of the National Living Wage. (3) The annual increases under subsection (1) must be incremental, with each annual increase representing at least 10% of the overall increase required over the five year period.” This new clause would gradually increase the rate of Statutory Sick Pay over the next five years, taking it to at least 80% of rate of the National Living Wage.”
“(3) A consultation under subsection (1) must consider― (a) the rate at which Statutory Sick Pay should be set to ensure that employees are able to— (i) cover their basic needs without falling into negative budgets; (ii) recover from an illness; and (iii) remain in work while managing their disability or long-term health condition; (b) how best to phase in increases to Statutory Sick Pay over a five year period; (c) the support that the Government could offer small businesses for longer-term absences or to improve the health of their workforce; and (d) the support that the Government could offer to encourage better insurance protections for businesses to manage staff absences.” This new clause would require the Secretary of State to hold a consultation on the rate of Statutory Sick Pay.”
“New clause 75— Statutory sick pay: consultation on rate — “(1) Within three months of the passage of this Act, the Secretary of State must consult on the rate of Statutory Sick Pay. (2) A consultation under subsection (1) must conclude within six months of its commencement.”
“(4) For the purposes of this section— (a) “relevant disclosure” means any disclosure of information which, in the reasonable belief of the worker making the disclosure, shows that harassment has been committed, is being committed or is likely to be committed, by a fellow worker or a client of the employer; (b) “harassment” means any act of harassment as defined by section 26 of the Equality Act 2010.” This new clause would require the Secretary of State to make regulations to void any non-disclosure agreement insofar as it prevents the worker from making a disclosure about harassment (including sexual harassment), with relevant exceptions at the worker’s request.”
“(3) Regulations made under this section― (a) must not prevent a worker from being granted confidentiality protections associated with a settlement agreement, if those protections are made at the worker’s request; and (b) must replicate or enhance the protections offered to workers by section 1 of the Higher Education (Freedom of Speech) Act 2023, with respect to non-disclosure agreements and harassment, but must apply those protections to all workers.”
“New clause 74— Non-disclosure agreements: harassment — “(1) The Secretary of State must, within six months of the passing of this Act, make changes by regulation to ensure that an agreement to which this section applies is void insofar as it purports to preclude the worker from making a relevant disclosure. (2) This section applies to any agreement between a worker and the worker's employer (whether a worker’s contract or not), including— (a) any proceedings for breach of contract; (b) a non-disclosure agreement; or (c) a non-disparagement agreement.”
“(2) For the purposes of this section an hour of incapacity for work in relation to a contract of service means an hour during which the employee concerned is, or is deemed in accordance with regulations to be, incapable by reason of some specific disease or bodily or mental disablement of doing work which he can reasonably be expected to do under that contract. (3) The Secretary of State must by regulations make any amendment to this Part that is necessary to enable the operation of a system of hourly statutory sick pay.”” This new clause introduces a new defined term “hourly statutory sick pay”, enabling pro rata payment of statutory sick pay by the hour. This will give employers greater flexibility in SSP payment, which can currently only be paid in whole days.”
“New clause 73— Hourly statutory sick pay — “(1) Part 11 of the Social Security Contributions and Benefits Act 1992 (statutory sick pay) is amended as follows. (2) After section 151 (Employer’s liability), insert— “151A Hourly statutory sick pay (1) Where an employee has an hour of incapacity for work in relation to his contract of service with an employer, that employer shall, if the conditions set out in sections 153 and 154 are satisfied, be liable to make him, in accordance with the following provisions of this Part of this Act, a payment (to be known as “hourly statutory sick pay”) in respect of that hour.”
“(6) The Secretary of State must, within six months of the commencement of this provision, set out in statutory guidance what “reasonable steps” under subsection (3) should include.” (3) In section 48 (Complaints to employment tribunals), after subsection (1B), insert― “(1C) A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with the duty in section 43C (Duty to investigate protected disclosures).” (4) In section 49 (Remedies), after subsection (1A), insert― “(1B) Where an employment tribunal is satisfied that an employer has contravened the duty set out in section 43C (duty to investigate), the tribunal― (a) shall make a declaration to that effect, and (b) may make an award of compensation to be paid by the employer to the complainant in respect of the failure and may increase any award payable to the complainant by no more than 25%.”” This new clause would create a duty on employers to investigate whistleblowing concerns, to establish internal channels for reporting and managing whistleblower disclosures, and enable tribunal claims with respect to contravention of those duties.”
“(4) Employers with― (a) 50 or more employees; (b) an annual business turnover or annual balance sheet total of £10 million or more; (c) operations in financial services; or (d) vulnerabilities in other respects to money laundering or terrorist financing, must establish internal channels and procedures for reporting and managing qualifying disclosures. (5) The calculation of the number of employees under subsection (4)(a) includes employees of all franchises, subsidiaries and associated employers as defined under section 231 of this Act.”
“(3) Following a consultation under subsection (2), within twelve months of commencing the consultation, the Secretary of State must report to Parliament on actions taken to implement the findings of the report of the consultation.” This new clause would require the Government to consult on how best to support small employers with statutory sick pay costs while taking into account the wider economic effects of increasing it. New clause 72— Duty on employers to investigate protected disclosures — “(1) Part 4A of the Employment Rights Act 1996 (protected disclosures) is amended in accordance with subsections (2) to (4). (2) In section 43C (Disclosure to employer or other responsible person), after subsection (2) insert― “(3) Employers must take reasonable steps to investigate any disclosure made to them under this section.”
“(6) In section 129(1)(a)(i) (procedure on hearing of application and making of order), for “or 103A” substitute “103A, 104H or 104I”.” New clause 71— Review of Statutory Sick Pay costs — “(1) Within three months of the passage of this Act, the Secretary of State must consult on how the Government can best support small employers with Statutory Sick Pay costs. (2) The consultation under subsection (1) must consider the economic effects of increasing Statutory Sick Pay for small employers with 250 employees or less, including the effects on— (a) productivity; (b) long-term illness; (c) benefit spending; and (d) economic growth & tax revenue.”
“104I Matters for consultation under section 187C of the Trade Union and Labour Relations (Consolidation) Act 1992 (2) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if— (a) the Central Arbitration Committee has made a declaration under section 187C of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of the employer and employee, and the employer has not complied with the steps in that declaration, or (b) the employer has failed, in respect of the employee, to comply with a provision of a collective agreement applicable to a matter for consultation under section 187A of the Trade Union and Labour Relations (Consolidation) Act 1992.” (4) In section 116 (unfair dismissal: choice of order and its terms), after subsection (3) insert— “(3A) If an employee has been unfairly dismissed and the reason (or, if more than one, the principal reason) the dismissal is unfair is one specified under section 104H or 104I, the tribunal may only find that it is not practicable for— (a) the employer to comply with an order for reinstatement under subsection (1)(b), or (b) the employer (or a successor or an associated employer) to comply with an order for re-engagement if the employer (or if appropriate a successor or an associated employer) would be likely to become insolvent within three months if such an order was made.” (5) In section 128(1)(a)(i) (interim relief pending determination of complaint), for “or 103A” substitute “103A, 104H or 104I”.”
“(3) In Chapter I (right not to be unfairly dismissed), after section 104G insert— (3) In Chapter I (right not to be unfairly dismissed), after section 104G insert— “104H Refusal of variation of contractual terms (1) In relation to an employee who claims to have been unfairly dismissed in circumstances in which the reason (or, if more than one, the principal reason) for the dismissal is that the employee has refused to agree to a variation of contractual terms— (a) section 98(1)(b) shall not apply save that it shall be for the employer to show that the reason for the dismissal fell within section 98(2); (b) section 108(1) shall not apply.”
“27BB Unilateral variation of employment contracts (1) Any provision in an agreement (whether an employment contract or not) is void in so far as it purports to permit the employer to vary unilaterally one or more terms within an employment contract where the variation is less favourable to the employee that the pre-existing provision. (2) In subsection (1), the definition of “less favourable” shall be determined by the perception of a reasonable employee in the position of the affected employee.”
“(2) After Part IIA (zero hours workers) insert— “P art 2AA Protection of Contracts of Employment 27BA (1) Any variation to an employment contract is void if it— (a) was obtained under the threat of dismissal, and (b) is less favourable to the employee than the pre-existing provision, unless the employer has complied with all its obligations under, and arising from, sections 187A to 187G of the Trade Union and Labour Relations (Consolidation) Act 1992 in relation to any person employed under the contract. (2) In subsection (1)(b), the definition of “less favourable” shall be determined by the perception of a reasonable employee in the position of the affected employee.”
“(4) Where the affairs of a body corporate are managed by its members, subsection (3) applies in relation to the acts and defaults of a member in connection with their functions of management as if they were a director of the body corporate.” New clause 63— Protection of contracts of employment — “(1) The Employment Rights Act 1996 is amended as follows.”
“An officer so authorised may prosecute or conduct proceedings for such an offence before a magistrates' court. (3) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, that person as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.”
“Where the decision regarding the matters is that of a person controlling the employer (directly or indirectly), a failure on the part of that person to provide information to the employer shall not constitute special circumstances rendering it not reasonably practicable for the employer to comply with any of those requirements. 187H Failure to notify (1) An employer who fails to give notice to the Secretary of State in accordance with section 187G commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (2) Proceedings in England or Wales for such an offence shall be instituted only by or with the consent of the Secretary of State or by an officer authorised for that purpose by special or general directions of the Secretary of State.”
“(5) Where there are representatives to be consulted under section 187A(2) the employer shall give to each of them a copy of any notice given under subsection (3). The copy shall be delivered to them or sent by post to an address notified by them to the employer, or (in the case of representatives of a trade union) sent by post to the union at the address of its head or main office. (6) If in any case there are special circumstances rendering it not reasonably practicable for the employer to comply with any of the requirements of subsections (1) to (5), the employer shall take all such steps towards compliance with that requirement as are reasonably practicable in the circumstances.”
“(3) A notice under this section shall— (a) be given to the Secretary of State by delivery or by sending it by post, at such address as the Secretary of State may direct in relation to the establishment where employees who may be affected are employed, (b) where there are representatives to be consulted under section 187A(2), identify them and state the date when consultation with them under that section began or will begin, and (c) be in such form and contain such particulars, in addition to those required by paragraph (b), as the Secretary of State may direct. (4) After receiving a notice under this section from an employer the Secretary of State may by written notice require the employer to give them such further information as may be specified in the notice.”
“187G Duty of employer to notify Secretary of State in certain circumstances (1) This section applies to an employer to which section 187A applies in relation to 50 or more employees at one establishment or undertaking. (2) The employer shall notify the Secretary of State, in writing, of the matters under section 187A(1) that apply and any related proposals not later than the end of whichever is the longer of— (a) 45 days, or (b) the notice period necessary to terminate lawfully the employment of all those employees who may be affected by any such matter before any decision to put into effect that matter is reached.”
“187F Award of compensation (1) An employee, or the appropriate representative of an employee, whose complaint under section 187E has been declared to be well-founded may make an application to an employment tribunal for an award of compensation to be paid by the employer. (2) The amount of compensation awarded shall, subject to the following provisions, be such as the employment tribunal considers just and equitable in all the circumstances having regard any loss sustained by the complainant which is attributable to the dismissal or substantial changes in work organisation or in contractual relations to which the complaint related.”
“187E Complaint to employment tribunal (1) This section applies where an employer— (a) offers or proposes to offer re-engagement on different terms to an employee— (i) it has dismissed or proposes to dismiss for reasons other than conduct or capability, or (ii) in relation to whom it has made or proposes to make substantial changes in work organisation or in contractual relations; or (b) has failed to comply with any of the obligations set out in sections 187A or 187B. (2) Any affected employee or their appropriate representative may make a complaint to the employment tribunal. (3) If the tribunal finds the complaint well-founded it shall make a declaration to that effect.”
“A document which purports to be such a certificate shall be taken to be such a certificate unless the contrary is proved. 187D Application for injunction pending rectification of failure (1) This section applies if a declaration of the Central Arbitration Committee under section 187C finds a complaint wholly or partly well-founded. (2) An appropriate representative may apply to the Court for an injunction to subsist until the employer can satisfy the Committee that the steps under section 187C(5)(b) have been completed within the specified period or periods under section 187C(5)(c)— (a) to compel the employer to take those steps within the period or periods, or (b) to render void any dismissal or changes in work organisation or in contractual relations.”
“(5) If the Committee finds the complaint wholly or partly well-founded, the declaration shall specify─ (a) each failure in respect of which the Committee finds that the complaint is well-founded (b) the steps that should be taken by the employer to rectify each such failure, and (c) a period or periods (not being less than one week from the date of the declaration) within which the employer ought to take those steps. (6) On a hearing of a complaint under this section a certificate signed by or on behalf of a Minister of the Crown and certifying that particular information could not be provided except by disclosing information the disclosure of which would have been against the interests of national security shall be conclusive evidence of that fact.”
“(3) If the complaint is not referred to ACAS or, if it is so referred, on ACAS informing the Committee of its opinion that further attempts at conciliation are unlikely to result in a settlement, the Committee shall proceed to hear and determine the complaint and shall make a declaration stating whether it finds the complaint well-founded, wholly or in part, and stating the reasons for its findings. (4) On the hearing of a complaint any person who the Committee considers has an interest in the complaint may be heard by the Committee, but a failure to accord a hearing to a person other than the appropriate representative and employer directly concerned does not affect the validity of any decision of the Committee in those proceedings.”
“187C Complaint to Central Arbitration Committee (1) An appropriate representative may present a complaint to the Central Arbitration Committee that an employer has failed to comply with a requirement of section 187A or section 187B. The complaint must be in writing and in such form as the Committee may require. (2) If on receipt of a complaint the Committee is of the opinion that it is reasonably likely to be settled by conciliation, it shall refer the complaint to ACAS and shall notify the appropriate representative and employer accordingly, whereupon ACAS shall seek to promote a settlement of the matter. If a complaint so referred is not settled or withdrawn and ACAS is of the opinion that further attempts at conciliation are unlikely to result in a settlement, it shall inform the Committee of its opinion.”
“(8) If the Committee makes a declaration that the disclosure of the information or document in question would not, according to objective criteria, be seriously harmful or prejudicial as mentioned in subsection (5) the Committee shall order the employer to disclose the information or document. (9) An order under subsection (8) shall specify— (a) the information or document to be disclosed; (b) the person or persons to whom the information or document is to be disclosed; (c) any terms on which the information or document is to be disclosed; and (d) the date before which the information or document is to be disclosed.”
“(6) The employer is not required to disclose any information or document to a person for the purposes of this section where the nature of the information or document is such that, according to objective criteria, the disclosure of the information or document would seriously harm the functioning of, or would be prejudicial to, the undertaking. (7) If there is a dispute between the employer and an employee or an appropriate representative as to whether the nature of the information or document which the employer has failed to provide is such as is described in subsection (6), the employer, employee or appropriate representative may apply to the Central Arbitration Committee for a declaration as to whether the information or document is of such a nature.”
“(3) A request by appropriate representatives for information under this section shall, if the employer so requests, be in writing or be confirmed in writing. (4) In determining what would be in accordance with good industrial relations practice, regard shall be had to the relevant provisions of any Code of Practice issued by ACAS, but not so as to exclude any other evidence of what that practice is. (5) Information which an employer is required by virtue of this section to disclose to appropriate representatives shall, if they so request, be disclosed or confirmed in writing.”
“187B Duty of employers to disclose information (1) An employer to which section 187A applies shall, for the purposes of the consultation provided for in section 187A, disclose to the appropriate representatives, on request, the information required by this section. (2) The information to be disclosed is all information relating to the employer's undertaking (including information relating to use of agency workers in that undertaking) which is in the employer’s possession, or that of an associated employer, and is information— (a) without which the appropriate representatives would be to a material extent impeded in carrying on consultation with the employer, and (b) which it would be in accordance with good industrial relations practice that the employer should disclose for the purposes of the consultation.”
“(8) Where the threat to continued employment emanates from a person controlling the employer (directly or indirectly), or a decision leading to the termination of the contract of an employee for reasons other than conduct or capability or a decision leading to substantial changes in work organisation or in contractual relations is that of a person controlling the employer (directly or indirectly), a failure on the part of that person to provide information to the employer shall not constitute special circumstances rendering it not reasonably practicable for the employer to comply with such a requirement.”
“(5) The employer shall allow the appropriate representatives access to the affected employees and shall afford to those representatives such accommodation and other facilities as may be appropriate. (6) In this section, “appropriate representatives” has the same meaning as in section 188(1B) (and the requirements for the election of employee representatives in section 188A apply). (7) If there are special circumstances which render it not reasonably practicable for the employer to comply with a requirement of this section, the employer shall take all such steps towards compliance with that requirement as are reasonably practicable in those circumstances.”
“(2) The employer shall consult with a view to reaching an agreement to avoid decisions being taken to terminate contracts of employment, or to introduce changes in work organisation or in contractual relations. (3) The consultations under subsection (2) shall take place with all the persons who are appropriate representatives of any of the employees who are or may be affected by those matters that apply. (4) The consultation shall begin as soon as is reasonably practicable and in good time for any agreement to be reached so as to avoid decisions being taken to terminate contracts of employment or introduce changes in work organisation or in contractual relations.”
“(2) After Chapter I (collective bargaining), insert— “Chapter 1A Procedure For Handling Dismissal and Re-Engagement 187A Duty of employer to consult representatives (1) This section applies to an employer where, in an undertaking or establishment with 50 or more employees, in the light of recent events or information and the economic situation affecting the employer, there is a threat to continued employment within the undertaking, and one or both of the following matters apply— (a) decisions may have to be taken to terminate the contracts of or more employees for reasons other than conduct or capability, or (b) anticipatory measures are envisaged which are likely to lead to substantial changes in work organisation or in contractual relations affecting or more employees.”
“(11) The Secretary of State may by regulations designate as “workers” other persons engaged in work, and designate as “employers” other entities engaged in the provision of work, after consultation with organisations which appear to the Secretary of State to represent such persons and entities and any such regulations must be made by statutory instrument, (12) A statutory instrument containing regulations under sub-paragraph (11) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.(12) This section has effect subject to sections 68(4), 116B(10) and 235.'” New clause 62— Procedure for handling dismissal and re-engagement — “(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.”
“(8) An employer that employs, or proposes to engage, an individual to carry out work must not represent to the individual that the contract under which the individual is, or would be, engaged by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor if that is not the case. (9) Subsection (8) does not apply if the employer demonstrates that, when the representation was made, the employer reasonably believed that the contract was a contract for services. (10) In determining, for the purpose of subsection (9), whether the employer's belief was reasonable, regard must be had to all relevant circumstances including the size and nature of the employer's enterprise.”
“(7) A “personal service company” means a company— (a) in which the worker or employee is a director, or a substantial shareholding is held by the worker or employee, by themself or by or with a member of the family of the worker or employee, or by or with a third party for whom the labour is or was performed, or a nominee or nominees of such a third party; and (b) which has contracted with the worker or employee to provide their labour to a third party or parties nominated by the company; and (c) in relation to which the terms and conditions on which the worker or employee is or was engaged to perform the labour are or were substantially determined by any third party for whom the labour is or was to be performed, by itself or jointly with another person or entity; and (d) in which the status of any third party for whom the labour is or was to be performed is not in practice that of a client or customer of the profession or business undertaking carried on by the worker or employee.”
“(2) It is for a person who is claimed to be the employer and contests that claim to demonstrate in any legal proceedings that— (a) they are not the employer, or (b) the person providing the work is not an employee or a worker. (3) Subsections (1) and (2) apply to all employment of a government department, except for members of the armed forces. (4) A person undertaking the work of a foster carer shall be treated as a ‘worker’ for the purposes of this Act. (5) An entitlement on the part of a person to substitute the labour of another for his or her own labour shall be ignored in determining whether he or she is a worker or employee. (6) Where a worker or employee provides labour through a personal service company the employer is the third party for whom the labour is performed.”
“(4) Omit sections 295 (meaning of employee and related expressions) and 296 (meaning of worker and related expressions) and insert— ‘295 Meaning of worker and related expressions (1) In this Act— (a) “worker” and “employee” both mean an individual who— (i) seeks to be engaged by another to provide labour, (ii) is engaged by another to provide labour, or (iii) where the employment has ceased, was engaged by another to provide labour, and is not, in the provision of that labour, operating a business on the employee or worker’s own account; (b) an “employer” in relation to a worker or employee is─ (i) every person or entity who engages or engaged the worker or employee, and (ii) every person or entity who substantially determines terms on which the worker or employee is engaged at any material time; (c) “employed” and “employment mean engaged as an “employee” or as a “worker” under subsection (1)(a); (d) “contract of employment” means a contract or employment relationship, however described, whereby an individual undertakes to do or perform any labour, work or services for another party to the contract or employment relationship whose status is not by virtue of the contract or employment relationship that of a client or customer of any profession or business undertaking carried on by the individual, and any reference to the contract or employment relationship of an employee or a worker shall be construed accordingly; (e) The ascertainment of the existence of a contract of employment or employment relationship shall be guided primarily by the facts relating to the performance of work, irrespective of how the contract or employment relationship is designated in any contractual or other arrangement by one or more of the parties involved; (f) In ascertaining the existence of a contract of employment or employment relationship, all relevant facts may be taken into consideration but the following facts, if found, may be considered indicative of the existence of a contract of employment and the presence of any such fact shall raise the rebuttable presumption that the arrangement is a contract of employment— (i) the use, by a person other than the putative worker, of automated monitoring systems or automated decision-making systems in the organisation of work; (ii) the work is carried out according to the instructions and under the control of another entity; (iii) the work involves the integration of the worker in the organisation of another entity; (iv) the work is performed solely or mainly for the benefit of another entity; (v) the work is to be done, or is in fact done, predominantly by the worker personally; (vi) the work involves the provision of tools, materials and equipment by an entity other than the worker; (vii) the worker is to a significant extent subordinated to and economically dependent on the entity for which the work is done; (viii) the determination of the worker’s rate of remuneration and other significant terms and conditions is wholly or mainly that of an entity other than the worker and, in any event, significantly outweighs the power of the worker to determine his or her rate of remuneration and other significant terms and conditions; (ix) the worker’s remuneration and other terms and conditions are not determined by collective bargaining; (x) the financial risks of the entity for which the work is done are not to any significant extent those of the worker beyond his or her interest in securing further remunerated work; (xi) the worker has no significant capital investment in the entity for which the work is done beyond the provision of tools and equipment necessary for the worker to perform the work; (xii) the remuneration for the work done constitutes the worker's sole or one of their principal sources of income; (xiii) part of the remuneration is in kind, such as food, lodging or transport.”
“(2) In section 50 (Right to time off for public duties), after subsection (1) insert— ‘(1A) An employer shall permit an employee who is a special constable, appointed in accordance with section 27 of the Police Act 1996, section 9 of the Police and Fire Reform (Scotland) Act 2012 or section 25 of the Railways and Transport Safety Act 2003, to take time off during the employee’s working hours for the purpose of performing their duties. (1B) In section (1A), “duties” means any activity under the direction of a chief officer of police.’” This new clause gives employees who are special constables the right to time off to carry out their police duties. New clause 61— Status of Workers— “(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. (2) Omit section 145F(3). (3) Omit section 151(1B).”
“New clause 27— Flexible working duties: reports on compliance— “(1) The Secretary of State must, once every six months, report on compliance with the duties under section 80G of the Employment Rights Act 1996 (employer’s duties in relation to application for change to working hours, etc). (2) The first report must be published and laid before Parliament within six months of this Act being passed. (3) Each further report must be published and laid before Parliament within six months of the last such report being published.” This new clause would require the Government to report on employers’ compliance with the flexible working duties set out in this Bill. New clause 30— Special constables: right to time off for public duties— “(1) The Employment Rights Act 1996 is amended is follows.”
“(4) The Council must provide advice and make recommendations on how a transition could be made from a five-day working week to a four-day working week with no impact on pay, including— (a) how such a transition would affect employers and employees, and (b) how businesses, public bodies and other organisations should approach such a transition. (5) The Secretary of State may pay such remuneration or allowances to members of the Council as the Secretary of State may determine.” This new clause would require the Secretary of State to establish a Working Time Council to provide advice and recommendations on the transition from a five-day working week to a four-day working week.”
“New clause 25— Working Time Council— “(1) The Secretary of State must, within six months of the passage of this Act, establish a Working Time Council (‘the Council’) to provide advice and make recommendations to the Secretary of State on the matters specified in subsection (4). (2) The members of the Council— (a) are to be appointed by the Secretary of State, and (b) must include representatives of— (i) trade unions; (ii) businesses; (iii) government departments; and (iv) experts on matters relating to employment. (3) Each member of the Council must hold and vacate office in accordance with the terms and conditions of the member’s appointment.”
“(7) Regulations under this section must be made no later than twelve months after the passage of this Act.” This new clause would create a duty on employers with 5 or more employees to have a policy outlining the support they provide to workers who are victims of domestic abuse. New clause 23— Prescribed rate of statutory maternity pay— “In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986, delete ‘is a weekly rate of £184.03’ and insert ‘is a rate of £12.60 per hour in the UK and £13.85 per hour in London’.” This new clause would increase the current rate of statutory maternity pay, bringing it in line with the “real Living Wage”.”
“(3) The regulations may make provision for a failure to comply with subsection (1)— (a) to be an offence punishable on summary conviction— (i) in England and Wales by a fine; (ii) in Scotland or Northern Ireland by a fine not exceeding level 5 on the standard scale; (b) to be enforced, otherwise than as an offence, by such means as may be prescribed. (4) The regulations may not require an employer to revise the policy more frequently than at intervals of 24 months. (5) For the purposes of this section, ‘domestic abuse’ is defined in accordance with sections 1 and 2 of the Domestic Abuse Act 2021. (6) This section does not apply to an employer who has fewer than 5 employees.”
“New clause 22— Duty of employer to prepare domestic abuse policy— “(1) It is the duty of every employer to develop, publish and as often as may be appropriate revise a written statement of its general policy with respect to the support it provides to workers who are victims of domestic abuse. (2) The Secretary of State must by regulations make provision for determining— (a) the scope of a domestic abuse policy; (b) the form and manner in which a domestic abuse policy is to be published; (c) when and how frequently a domestic abuse policy is to be published or revised; (d) requirements for senior approval before a domestic abuse policy is published.”
“11ZB Duties of the Executive: guidance for employers The Executive shall, in consultation with such other persons as it considers to be relevant, issue guidance for employers about the protection of those facing violence and harassment on the basis of gender in the workplace by— (a) implementing workplace policies to prevent violence and harassment; (b) establishing confidential reporting mechanisms to allow victims to report incidents; (c) conducting risk assessments and ensuring compliance with the health and safety framework (see section 11ZA); (d) reporting and addressing incidents of violence and harassment; and (e) supporting victims of violence and harassment, including making accommodations in the workplace to support such victims.’” This new clause will create a duty on the Health and Safety Executive to develop a health and safety framework on violence and harassment and to issue guidance for employers about the protection of those facing violence and harassment on the basis of gender in the workplace.”
“(2) This framework shall include specific provisions relating to— (a) the prevention of gender-based violence and harassment of those in the workplace including the prevention of physical, emotional, and psychological abuse; (b) the duty of employers to create safe and inclusive workplaces and the preventative measures they must adopt; and (c) the use of monitoring and enforcement mechanisms to ensure compliance with the duty of the employer in relation to violence and harassment (see section 2(2)(f)). (3) The Executive shall work with other relevant bodies, including the Equality and Human Rights Commission and law enforcement agencies, to develop and revise this framework.”