Member

48: Schedule 2, page 178, line 29, before second “in” insert— “1B “(1) Section 16 (power to provide for recoupment of benefits) is amended as follows.(2) In subsection (1), after paragraph (d) insert—“(da) payments under section 27BP(1) of, or paragraph 21(1) of Schedule A1 to, the Employment Rights Act 1996,”.(3) At the end insert—“(7) In the application of this section to payments which are the subject of proceedings under Chapter 2, 3 or 4 of Part 2A of the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Chapter 2 of that Part, and which are compensation for loss of wages (see subsection (1)(a))—(a) references to an employer are to be read as if they were references to an employer within the meaning of the relevant Chapter of that Part;(b) references to an employee are to be read as if they were references to a worker within the meaning of the relevant Chapter of that Part.(8) In the application of this section to payments which are the subject of proceedings under Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Part 1 of that Schedule, and which are compensation for loss of wages (see subsection (1)(a))—(a) references to an employer are to be read as if they were references to a hirer or (as the case may be) a work-finding agency within the meaning of the relevant Part of that Schedule;(b) references to an employee are to be read as if they were references to an agency worker within the meaning of Part 2A of that Act.(9) In the application of this section to payments under Part 5 of the Employment Rights Act 1996 (see subsection (1)(c)(i)) by virtue of section 47H of that Act—(a) references to an employer are to be read as if they were references to an employer within the meaning of that section;(b) references to an employee are to be read as if they were references to a worker within the meaning of that section.(10) In the application of this section to payments under Part 5 of the Employment Rights Act 1996 (see subsection (1)(c)(i)) by virtue of section 47I of that Act—(a) references to an employer are to be read as if they were references to a relevant person within the meaning of that section;(b) references to an employee are to be read as if they were references to an agency worker within the meaning of Part 2A of that Act.(11) In the application of this section to payments under section 27BP(1) of the Employment Rights Act 1996 (see subsection (1)(da))—(a) references to an employer are to be read as if they were references to an employer within the meaning of Chapter 4 of Part 2A of that Act;(b) references to an employee are to be read as if they were references to a worker within the meaning of that Chapter.(12) In the application of this section to payments under paragraph 21(1) of Schedule A1 to the Employment Rights Act 1996 (see subsection (1)(da))—(a) references to an employer are to be read as if they were references to a work-finding agency within the meaning of Part 2A of that Act;(b) references to an employee are to be read as if they were references to an agency worker within the meaning of that Part.””Member’s explanatory statement This amendment inserts an amendment of section 16 of the Employment Tribunals Act 1996 that is consequential on provisions of the Employment Rights Act 1996 to be inserted by clauses 1 to 3 and 5 of, and Schedules 1 and 2 to, the Bill.