New Clause 57: Employment Rights Bill
New Clause 57 - Power to bring proceedings in  employment tribunal
“(1) In a case where—
(a) a worker has the right under any enactment to bring proceedings about a matter in an employment tribunal in England and Wales or Scotland, and
(b) it appears to the Secretary of State that the worker is not going to bring proceedings about that matter,
the Secretary of State may, in place of the worker, bring proceedings about the matter in an employment tribunal under the enactment.
(2) Subsection (1) does not apply to—
(a) any right to bring proceedings about a matter in respect of which a notice of underpayment under section (Power to give notice of underpayment) has been given;
(b) any right arising under or by virtue of the Agricultural Sector (Wales) Act 2014 (anaw 6) or the Agricultural Wages (Scotland) Act 1949.
(3) Where by virtue of this section the Secretary of State brings proceedings in place of a worker—
(a) the proceedings are to be proceeded with as if they had been brought by the worker, and
(b) for the purposes of dealing with the proceedings, and any proceedings arising out of those proceedings, references to the worker in any enactment are to be read as including a reference to the Secretary of State.
(4) But, despite subsection (3), any power which an employment tribunal dealing with the proceedings would have to make a declaration, decision, award or other order in favour of the worker if the worker had brought the proceedings continues to be exercisable in relation to the worker (not the Secretary of State).
(5) Any appeal arising out of proceedings brought by the Secretary of State in place of a worker by virtue of this section may be brought by the worker as well as by the Secretary of State.
(6) The Secretary of State is not liable to any worker for anything done (or omitted to be done) in, or in connection with, the discharge or purported discharge of the Secretary of State’s functions by virtue of this section.
(7) For the purposes of this section—
(a) any reference to a worker includes—
(i) an individual who is not a worker as defined by section 230(3) of the Employment Rights Act 1996 but who is a worker for the purposes of Part 4A of that Act (see section 43K(1) of that Act), and
(ii) an individual seeking to be employed by a person as a worker;
(b) any reference to a right to bring proceedings under an enactment is to such a right however expressed, and includes any right to present a complaint or make any other description of claim or application;
(c) any reference to the Secretary of State includes an enforcement officer.”—(Justin Madders.)