B1489 - School Assemblies Bill

A01

In clause 2(1), insert "written" before the word "contract".

EN: It is possible to make a binding contract orally. This clarifies that such a contract must be in writing

A02

In clause 2(1)(1), amend "employment" to read "engagement".

EN: With the current wording, it may require that content creators are actually employed by the platforms. This clarifies that the relationship may not be one of employment, and adopts the standard term "engagement" used by contractors.

A03

In clause 1(1), replace the definition of Platform with:

Platform shall refer to a person that provides, in the course of business, the hardware and software foundation for the sale of digital or physical goods, the providing of services, or the broadcasting of entertainment that is made by a contractor.

EN: A person covers both natural and legal people (i.e. companies, LLPs, etc). This amendment will ensure that businesses operating as sole traders, partnerships, etc are also bound by the duties in this bill.

A04

Strike clauses 14 and 17.

Strike from clause 4(1) ", as part of the terms of the contract given to a contractor,"

Insert before clause 19 in Part 3:

18A. Prohibited contractual terms

1. In this Part, a "prohibited contractual term" is a term that—
   1. that would be detrimental to a right conferred on the contractor by section 8, 9, 12, or 13, or
   2. that would avoid or interfere, either directly or indirectly, with a duty placed on the platform by section 3, 4, 5, 6, 7, 10, or 11.
2. A term of a contract between a platform and a contractor is unenforceable against a person in so far as it is a prohibited contractual term.

18B. Complaints to an employment tribunal

1. An employment tribunal has jurisdiction to determine a complaint arising under this section.
2. A contractor may present a complaint to an employment tribunal that a platform, in relation to a contract that the platform has with the contractor, has—
   1. infringed a right conferred on the contractor by section 8, 9, 12, or 13, or
   2. failed to fulfil a duty placed on the platform by section 3, 4, 5, 6, 7, 10, or 11.
3. Subject to subsection 4, an employment tribunal shall not consider a complaint under this section unless it is presented before the end of the period of one year beginning with the date of the infringement of a right or failure to carry out a duty to which the complaint relates or, where an infringement or failure is part of a series of similar infringements or failures, the last of them.
4. An employment tribunal may consider any such complaint which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
5. Where an employment tribunal finds that a complaint presented to it under this section ios well founded, it shall take such of the following steps as it considers just and equitable—
   1. making a declaration as to the rights or duties of the contractor and the platform in relation to the matters to which the complaint relates;
   2. making a declaration as to the effect of section 18A on the contract;
   3. ordering the platform to pay compensation to the contractor;
   4. recommending that the platform take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the contractor of any matter to which the complaint relates.
6. Where a tribunal orders compensation under subsection 5(3), the amount of the compensation awarded shall be such as the tribunal considers just and equitable in all the circumstances of the case, having regard to—
   1. the infringement of a right or failure of a duty to which the complaint relates, and
   2. any loss which is attributable to the infringement of the right or failure of the duty.
7. If a platform fails, without reasonable justification, to comply with a recommendation made by an employment tribunal under subsection 5(4) the tribunal may, if it thinks it just and equitable to do so—
   1. increase the amount of compensation required to be paid to the contractor in respect of the complaint, where an order was made under subsection 5(3); or
   2. make an order under subsection 5(3).

Renumber the clauses accordingly.

EC: This amendment clarifies and strengthens the enforcement provisions and protections given to contractors. It ensures that prohibited contractual provisions are ignored. It provides greater clarity on the remedies that a tribunal can provide, closely following existing legislative protections to make it clearer what the law is for contractors (the Part-time Workers Regulations and Equality Act 2010). It also drops the requirement on the Secretary of State to enforce clause 7, which can be adequately enforced by contractors through the tribunal. It is unclear how the Secretary of State would enforce clause 7 in the current wording of the legislation.

For convenience, here are the changes in clause numbers:

• cls 15 and 16 become cls 14 and 15 respectively
• cl 18 becomes cl 16
• cls 18A and 18B become cls 17 and 18 respectively

A01-A04 were submitted by /u/model-kurimizumi

This division shall end on Friday 17th of February at 10pm.