§ 3 Page 2, line 26, at end insert—
§ "(4A) Before any employee in a Royal Dockyard is transferred compulsorily without his consent from the service of the Crown to the service of any other employer the following provisions of the Transfer of Undertakings (Protection of Employment) Regulations 1981 shall be fulfilled.
§ (4B) Long enough before the transfer to enable consultations to take place between the Secretary of State and the representatives of the trade unions, the Secretary of State shall inform those representatives of—
- (a) the fact that the transfer is to take place, when approxi- mately it is to take place, and the reasons for it;
- (b) the legal, economic and social implications of the transfer for the effected employees;
- (c) the measures which he envisages he (the Secretary of State) will, in connection with the transfer, take in relation to those employees; and
- (d)the measures which the transferee envisages he (the transferee) will, in connection with the transfer, take in relation to such of those employees as become employees of the transferee after the transfer.
§ (4C) The Secretary of State shall enter into consultations with the representatives of the trade unions and in the course of those consultations shall—
- (a) consider any representations made by the trade union representatives, and
- (b) reply to those representations, and, if he rejects any of those representations, give his reasons.".
§ The Commons agreed to the above amendment with the following amendments:
§ 4 Leave out lines 2 to 6 and insert—
§ "(4A) The Transfer of Undertakings (Protection of Employment) Regulations 1981 in their application to the transfer of the dockyard undertaking or any part of it, shall have effect as if, for regulation 10 (duty to inform and consult trade union representatives), there were substituted the provisions of subsections (4B) to (4D) below, and (unless the remedy provided by section (Failure to inform or consult trade unions: High Court and Court of Session remedies) is invoked) the remedies by way of complaint to an industrial tribunal provided for by, and the other provisions of, regulation 11 shall be available and shall apply in relation to those subsections as they would in relation to regulation 10 or any corresponding provision of it.'.
§ 5 Line 9, leave out 'trade unions' and insert 'independent trade unions recognised by him in respect of the employees'.
§ 6 Line 9, after 'shall", insert 'in accordance with subsection (8) below.'.
§ 7 Line 15, leave out 'effected'.
§ 8 Line 16, leave out '(the Secretary of State)'.
§ 9 Line 18, after 'employees', insert 'or, if he envisages that no measures will be so taken, that fact'.457
§ 10 Line 19, leave out 'transferee envisages he (the transferee)' and insert 'company which is to become their employer envisages that it'.
§ 11 Line 21, leave out from 'to' to end of line 22 and insert 'those employees or, if the company envisages that no measures will be so taken, that fact.
§ (4BB) The company which is to become their employer shall give to the Secretary of State such information at such time as will enable him to perform the duty imposed on him by virtue of subsection (4B)(d) above.'.
§ 12 Line 23, after 'State', insert', where he envisages that he will, in connection with the transfer, be taking measures in relation to employees in respect of whom an independent trade union is recognised by him,'.
§ 13 Line 29, at end insert—
§ '(4D) If in any case there are special circumstances which render it not reasonably practicable for the Secretary of State to perform a duty imposed on him by subsection (4B) or (4C) above, he shall take all such steps towards performing that duty as are reasonably practicable in the circumstances.'.
§ Lord Trefgarne
I beg to move that this House do agree with the Commons in their amendments Nos. 4 to 13 and Lords Amendment No. 3.