Employment Relations Bill — Discrimination in the work-place on grounds of age — 30 Mar 1999

(2) Adherence to such a Code or Codes may be relied on as a defence to any proceedings before an employment tribunal by any employer who can demonstrate that his actions and procedures in connection with employment were reasonable in relation to the circumstances of his business, including its scale, turnover and labour force.

(3) No Code shall be issued under subsection (1) unless a draft of it has been laid before, and approved by a Resolution of, each House of Parliament.'.-- [Mr. Boswell.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker:

With this, it will be convenient to discuss Government amendment No. 57.

Motion and clause, by leave, withdrawn.

(2) In subsection (1) "employment matter" includes--

(a) the offer or refusal of employment;

(b) the termination of employment;

(c) terms and conditions of employment;

(d) the provision of training or skills development opportunities;

(e) promotion and career progression.

(3) Regulations under subsection (1) may--

(a) specify the types of action, or failure to take action, which are to be taken to constitute discrimination for the purpose of this section;

(b) confer jurisdiction (including exclusive jurisdiction) on employment tribunals and on the Employment Appeal Tribunal in relation to cases brought under this section;

(c) provide for penalties to be imposed or, as the case may be, compensation to be awarded in respect of offences committed under paragraph (a) above;

(d) specify exceptional circumstances in which, in any proceedings arising under this section, it would be a defence for an employer to show, having regard to the nature and commercial viability of the business or undertaking in question, that--

(i) it was reasonable for him, in deciding to treat one employee differently from another in relation to an employment matter, to take account of the respective ages of the relevant employees, or

(ii) age was not a significant factor in any decision to treat one employee differently from another in relation to an employment matter.

(4) No regulations shall be made under this section unless a draft has been laid before, and approved by resolution of, each House of Parliament.'.-- [Mr. Chidgey.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

30 Mar 1999 : Column 931

Question put, That the clause be read a Second time:--

The House divided: Ayes 29, Noes 318.

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