Employment Protection Act 1975

• (2) A standing statement of fixed deductions may be amended, whether by addition of a new deduction or by a change in the particulars or cancellation of an existing deduction, by notice in writing, containing particulars of the amendment, given by the employer to the employee.

• (3) An employer who has given to an employee a standing statement of fixed deductions shall, within the period of 12 months beginning with the date on which the first standing statement was given and at intervals of not more than 12 months thereafter, re-issue it in a consolidated form incorporating any amendments notified in accordance with subsection (2) above.

• (4) A standing statement of fixed deductions shall become effective, for the purposes of subsection (1) above, on the date on which it is given to the employee and shall cease to have effect on the expiration of the period of 12 months beginning with that date, or, where it is re-issued in accordance with subsection (3) above, the expiration of the period of 12 months beginning with the date on which it was last re-issued.

Supplementary

83

The Secretary of State may by order—

• (a) vary the provisions of sections 81 and 82 above as to the particulars which must be included in a pay statement or a standing statement of fixed deductions by adding items to or removing items from the particulars listed in those sections or by amending any such particulars; and

• (b) vary the provisions of section 82(3) and (4) above so as to shorten or extend the periods of 12 months referred to in those subsections, or those periods as varied from time to time under this section.

Reference to industrial tribunal

84

• (1) Where an employer is required by section 81 above to give any employee a pay statement and he does not do so, the employee may require a reference to be made to an industrial tribunal to determine what particulars ought to have been included in a statement so as to comply with the requirements of that section.

• (2) Where a pay statement, or a standing statement of fixed deductions, purporting to comply with section 81 or 82(1) above, has been given to an employee and a question arises as to the particulars which ought to have been included in that statement so as to comply with the requirements of section 81, or, as the case may be, section 82(1), either the employer or the employee may require that question to be referred to and determined by an industrial tribunal.

• (3) In this section a question as to the particulars which ought to have been included in a statement does not include a question solely as to the accuracy of an amount stated in any such particulars.

• (4) An industrial tribunal shall not entertain a reference under this section in a case where the employment to which the reference relates has ceased unless an application requiring the reference to be made is made before the end of the period of three months beginning with the date on which the employment ceased.

• (5) Where on a reference under this section an industrial tribunal finds that an employer has failed to give an employee any pay statement in accordance with section 81 above or that a pay statement or standing statement of fixed deductions does not, in relation to a deduction, contain the particulars required to be included in that statement by that section or section 82(1) above—

• (a) the tribunal shall make a declaration to that effect; and

• (b) where the tribunal further finds that any unnotified deductions have been made from the pay of the employee during the period of 13 weeks immediately preceding the date of the application for the reference (whether or not the deductions were made in breach of the contract of employment), the tribunal may order the employer to pay the employee a sum not exceeding the aggregate of the unnotified deductions so made.

In this subsection " unnotified deduction " means a deduction made without the employer giving the employee, in any pay statement or standing statement of fixed deductions, the particulars of that deduction required by section 81 or 82(1) above.

Normal working hours and a week's pay

Calculation of normal working hours and a week's pay

85

• (1) Schedule 4 to this Act shall have effect for calculating for the purposes of this Act, the Redundancy Payments Act 1965, the Contracts of Employment Act 1972, and the 1974 Act the normal working hours and the amount of a week's pay of any employee and, in the case of the said Acts of 1965 and 1972, shall have effect instead of the relevant provisions of paragraph 5 of Schedule 1 and of Schedule 2 to the said Act of 1965 and of Schedule 2 to the said Act of 1972.

• (2) In consequence of subsection (1) above, Schedule 2 to the said Act of 1972 shall have effect (as respects the liability of an employer to an employee for the period of notice required by section 1(1) or (2) of that Act), as set out in Schedule 5 to this Act.

Review of limits

86

• (1) The Secretary of State shall in each calendar year, beginning with the first year after that in which this section first comes into force, review—

• (a) the limits referred to in section 25 above;

• (b) the limit referred to in section 64(5) above ; and

• (c) the limits imposed by paragraph 5(4) of Schedule 1 to the Redundancy Payments Act 1965 and by section 72(8) or 75(4) above on the amount of a week's pay for the purposes of those provisions ;

and shall determine whether any of those limits should be varied.

• (2) In making a review under this section the Secretary of State shall consider—

• (a) the general level of earnings obtaining in Great Britain at the time of the review ;

• (b) the national economic situation as a whole; and

• (c) such other matters as he thinks relevant.

• (3) If on a review under this section the Secretary of State determines that, having regard to the considerations mentioned in subsection (2) above, any of those limits should be varied, he shall prepare and lay before each House of Parliament the draft of an order giving effect to his decision.

• (4) Where a draft of an order under this section is approved by resolution of each House of Parliament the Secretary of State shall make an order in the form of the draft.

• (5) If, following the completion of an annual review under this section, the Secretary of State determines that any of the limits referred to in subsection (1) above should not be varied, he shall lay before each House of Parliament a report containing a statement of his reasons for that determination.

• (6) The Secretary of State may at any time, in addition to the annual review provided for in subsection (1) above, conduct a further review of the limits mentioned in subsection (1) above, so as to determine whether any of those limits should be varied, and subsections (2) to (4) above shall apply to such a review as if it were a review under subsection (1) above.

Employment Appeal Tribunal

Establishment and membership of Employment Appeal Tribunal

87

• (1) For the purpose of hearing appeals under section 88 below there shall be a tribunal to be known as the Employment Appeal Tribunal (hereafter in this Act referred to as " the Appeal Tribunal").

• (2) The Appeal Tribunal shall consist of—

• (a) such number of judges as may be nominated from time to time by the Lord Chancellor from among the judges (other than the Lord Chancellor) of the High Court and the Court of Appeal;

• (b) at least one judge of the Court of Session nominated from time to time by the Lord President of that Court; and

• (c) such number of other members as may be appointed from time to time by Her Majesty on the joint recommendation of the Lord Chancellor and the Secretary of State.

• (3) The members of the Appeal Tribunal appointed under subsection (2)(c) above shall be persons who appear to the Lord Chancellor and the Secretary of State to have special knowledge or experience of industrial relations, either as representatives of employers or as representatives of workers.

• (4) The Lord Chancellor shall, after consultation with the Lord President of the Court of Session, appoint one of the judges nominated under subsection (2) above to be President of the Appeal Tribunal.

• (5) No judge shall be nominated a member of the Appeal Tribunal except with his consent.

• (6) The provisions of Schedule 6 to this Act shall have effect with respect to the Appeal Tribunal and proceedings before the Tribunal.

Appeals from industrial tribunals and Certification Officer

88

• (1) An appeal shall lie to the Appeal Tribunal on a question of law arising from any decision of, or arising in any proceedings before, an industrial tribunal under, or by virtue of, the following Acts—

• (a) the Redundancy Payments Act 1965;

• (b) the Equal Pay Act 1970;

• (c) the Contracts of Employment Act 1972 ;

• (d) the 1974 Act;

• (e) the Sex Discrimination Act 1975 ;

• (f) this Act.

• (2) The Appeal Tribunal shall hear appeals on questions of law arising in any proceedings before, or arising from any decision of, the Certification Officer under the following enactments —

• (a) sections 3, 4 and 5 of the Trade Union Act 1913 ;

• (b) section 4 of the Trade Union (Amalgamations, etc.) Act 1964.

• (3) The Appeal Tribunal shall hear appeals on questions of fact or law arising in any proceedings before, or arising from any decision of, the Certification Officer under the following enactments—

• (a) section 8 of the 1974 Act;

• (b) section 8 above.

• (4) Without prejudice to section 13 of the Administration of Justice Act 1960 (appeal in case of contempt of court), an appeal shall lie on any question of law from any decision or order of the Appeal Tribunal with the leave of the Tribunal or of the Court of Appeal, or as the case may be, the Court of Session.—

• (a) in the case of proceedings in England and Wales, to the Court of Appeal;

• (b) in the case of proceedings in Scotland, to the Court of Session.

• (5) No appeal shall lie except to the Appeal Tribunal from any decision of an industrial tribunal under the Acts listed in subsection (1) above or from any decision of the Certification Officer under the enactments listed in subsections (2) and (3) above.

Part III

Wages councils and statutory joint industrial councils

Amendments of Wages Councils Act 1959

89

• (1) The Service shall perform those functions under the Wages Councils Act 1959 which immediately before the commencement of this section were performed by a commission of inquiry, and accordingly for any reference in that Act to a commission of inquiry there shall be substituted a reference to the Service.

• (2) For the following provisions of that Act, that is to say—

• (a) section 11 (power to fix remuneration and holidays);

• (b) section 12 (effect and enforcement of wages regulation orders);

• (c) Schedule 2 (constitution, etc., of wages councils and central co-ordinating committees);

there shall be respectively substituted the sections and Schedule set out in Parts I, II and III of Schedule 7 to this Act (which reproduce those provisions with the amendments broadly described in the note at the beginning of each Part).

• (3) The other provisions of that Act shall have effect subject to the amendments set out in Part IV of that Schedule, being minor amendments and amendments consequential on subsections (1) and (2) above.

Conversion of wages councils to statutory joint industrial councils

90

• (1) The Secretary of State may by order made in accordance with the following provisions of this section provide that a wages council shall become a statutory joint industrial council having the functions conferred by section 91 below.

• (2) The Secretary of State may make an order under this section with respect to a wages council—

• (a) on an application made to him by the employers' association or trade union nominated in relation to the council or by that association and union jointly; or

• (b) without an application under paragraph (a) above, but after consultation with the employers' association and trade union so nominated.

• (3) An order under this section shall not be made on an application by an employers' association or trade union alone unless the Secretary of State has consulted every employer's association and trade union nominated in relation to the wages council in question and (whether so nominated or not) all organisations of employers and workers which in his opinion represent a substantial proportion of employers and workers respectively in relation to whom that council operates.

• (4) The Secretary of State shall before making an order under this section refer the question whether he should do so to the Service, and the Service shall inquire into it and report on that question.

• (5) Part I of Schedule 8 to this Act shall have effect with respect to the constitution, officers and proceedings of statutory joint industrial councils and Part II of that Schedule shall have effect with respect to the transition of a wages council to a statutory joint industrial council.

Functions of statutory joint industrial councils

91

A statutory joint industrial council shall have in relation to the workers and employers within its field of operation the functions which a wages council has under Part II of the Wages Councils Act 1959 in relation to the workers and employers within its field of operation, and that Part shall apply to a statutory joint industrial council and the workers and employers within its field of operation as it applies to a wages council and the workers and employers within its field of operation.

Disputes between employers' and workers' representatives

92

• (1) If in the opinion of either the persons appointed to represent employers or the persons appointed to represent workers on a statutory joint industrial council, a dispute has arisen on any question and cannot be settled by the members of the council, those persons may request the Service to attempt to bring about a settlement of the dispute and the Service shall attempt to do so accordingly.

• (2) If the Service are unable to bring about a settlement of any such dispute, the Service shall refer the dispute for settlement to the arbitration of—

• (a) one or more persons appointed by the Service for that purpose (not being an officer or servant of the Service); or

• (b) the Committee.

• (3) Where more than one arbitrator is appointed under subsection (2)(a) above, the Service shall appoint one of the arbitrators to act as chairman.

• (4) Any determination of the arbitrator, arbitrators or Committee on a dispute referred to him, them or it under this section shall be final and binding on the statutory joint industrial council and its members, and the council shall make an order under section 11 of the Wages Councils Act 1959 or take any other steps which may be necessary to give effect to the determination.

• (5) Part I of the Arbitration Act 1950 shall not apply to an arbitration under this section.

• (6) In the application of this section to Scotland, references to an arbitrator shall be construed as references to an arbiter.

Abolition of statutory joint industrial councils

93

• (1) If the Secretary of State is of the opinion that, in the event of the abolition of a statutory joint industrial council, adequate machinery would be established for the effective regulation of the remuneration and other terms and conditions of employment of the workers within the council's field of operation and is likely thereafter to be maintained, he may by order abolish the council.

• (2) An order under this section may be made on the application of the statutory joint industrial council concerned or without such an application, but shall not be made without such an application unless the Secretary of State has consulted the council.

• (3) The Secretary of State shall before making an order under this section refer the question whether he should do so to the Service, and the Service shall inquire into it and report on that question.

• (4) Where an order under this section abolishes a statutory joint industrial council, then, save as is otherwise provided by the order, anything done by the council shall, except as respects things previously done or omitted to be done, cease to have effect.

Supplementary

94

• (1) In sections 90 to 93 above " nominated ", in relation to an employers' association or trade union, means, an association or union for the time being nominated under paragraph 1(2) of Schedule 2 to the Wages Councils Act 1959 to appoint persons to represent employers or workers on the wages council in question.

• (2) Schedule 1 to the Wages Councils Act 1959 (as amended by this Act) shall apply in relation to an order under section 90 above providing that a wages council shall become a statutory joint industrial council and in relation to an order under section 93 above abolishing a statutory joint industrial council as it applies in relation to an order establishing or abolishing a wages council.

Power to obtain information

95

• (1) The Secretary of State may, for the purpose of, or in connection with the enforcement of, an order under section 11 of the Wages Councils Act 1959, by notice in writing require an employer within the field of operation of a council making such an order to furnish such information as may be specified or described in the notice.

• (2) A notice under this section may specify the way in which, and the time within which, it is to be complied with.

• (3) A notice given under this section may be varied or revoked by a subsequent notice so given.

• (4) If a person refuses or wilfully neglects to furnish any information which he has been required to furnish by a notice under subsection (1) above, he shall be liable on summary conviction to a fine not exceeding £100.

• (5) If a person, in purporting to comply with a requirement of a notice under subsection (1) above, knowingly or recklessly makes any false statement he shall be liable on summary conviction to a fine not exceeding £400.

Duty of the Service to report on machinery for regulating remuneration and terms and conditions of employment

96

The Service shall, if requested to do so by the Secretary of State—

• (a) inquire into and report on the development by agreement of machinery for the regulation of the remuneration and terms and conditions of employment of workers within the field of operation of a wages council or statutory joint industrial council and the question whether, in order to maintain a reasonable standard of remuneration and terms and conditions of employment of those workers, it is necessary to regulate their remuneration and other terms and conditions of employment by means of orders under section 11 of the Wages Councils Act 1959 ;

• (b) inquire into and report on the operation generally of that Act and the provisions of this Act relating to wages councils and statutory joint industrial councils;

• (c) publish a report made under paragraph (a) or (b) above.

Powers of Agricultural Wages Boards

Amendments of Agricultural Wages Acts

97

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) For section 3 of the Agricultural Wages (Scotland) Act 1949 (power to fix remuneration and holidays) there shall be substituted the section set out in Part 1 of Schedule 10 to this Act (which reproduces section 3 with amendments enabling the Scottish Agricultural Wages Board to fix other terms and conditions of employment as well as remuneration fixed by them is to be payable).

• (4) The other provisions of the said Act of 1949 shall have effect subject to the amendments set out in Part II of Schedule 10 to this Act, being minor and consequential amendments.

Extension of terms and conditions

Extension of terms and conditions

98

Part IV — Procedure for Handling Redundancies

Duty of employer to consult trade union representatives on redundancy

99

Duty of employer to notify Secretary of State of certain redundancies

100

Complaint by trade union and protective award

101

Entitlement under protective award

102

Complaint by employee to industrial tribunal

103

Reduction of rebate on failure to notify redundancies

104

Offence and proceedings

105

Supplementary

106

Power to adapt foregoing provisions in case of collective agreements on redundancies

107

Part V — Miscellaneous and Supplementary Provisions

General provisions as to industrial tribunals and conciliation officers

108

Power to confer jurisdiction on industrial tribunals in respect of damages, etc., for breach of contract of employment

109

Death of employee or employer

110

Disentitlement to unemployment benefit and supplementary benefit during trade dispute

111

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entitlement to unemployment benefit and recoupment of that benefit and supplementary benefit

112

Payments which are to be treated as earnings for social security purposes

113

Amendments of the Employment Agencies Act 1973

114

The Employment Agencies Act 1973 shall have effect subject to the amendments which transfer the licensing functions under that Act from local authorities to the Secretary of State.

Amendments of the Employment and Training Act 1973

115

The Employment and Training Act 1973 shall have effect subject to the amendments specified in Schedule 14 to this Act, being amendments which provide for the status of the bodies established under section 1(1) of that Act and enlarge the powers of the Secretary of State to make arrangements for the purpose of providing or obtaining employment.

Amendments of the Health and Safety at Work etc. Act 1974

116

The Health and Safety at Work etc. Act 1974 shall have effect subject to the amendments which restrict the appointment of safety representatives to those appointed by recognised trade unions, remove the special provisions relating to health and safety at work in agriculture and enable certain statements to be given notwithstanding the restrictions on disclosure of information obtained under that Act.

Offences by bodies corporate

117

Restrictions on contracting out

118

Excluded classes of employment

119

Transfers to and from Crown employment

120

Application to Crown

121

Application of employment legislation to House of Commons staff

122

Orders, rules and regulations

123

Financial provisions

124

• (1) Subject to the following provisions of this section, there shall be defrayed out of moneys provided by Parliament—

• (a) all expenses incurred by the Secretary of State or any other Minister of the Crown or any government department in consequence of the provisions of this Act;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) There shall be paid into the Consolidated Fund any sums received by a Minister of the Crown by virtue of this Act, except sums which are expressly required to be paid into ... the Redundancy Fund or the National Insurance Fund.

• (6) As respects any increase attributable to the provisions of this Act in the expenses which under section 163(2)(a) of the Social Security Administration Act 1992 are to be paid out of moneys provided by Parliament, subsection (1)(c) above is without prejudice to the provision made by section 165(5) of that Act for reimbursement out of the National Insurance Fund.

Minor and consequential amendments, transitional provisions and repeals

125

• (1) . . . the enactments specified in Part IV of that Schedule, shall have effect subject to the amendments so specified respectively, being minor amendments and amendments consequential on any provisions of this Act.

• (2) The transitional provisions in Schedule 17 to this Act shall have effect.

• (3) The enactments specified in Schedule 18 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

Interpretation

126

Power to extend employment legislation

127

Northern Ireland

128

Short title, commencement and extent

129

• (1) This Act may be cited as the Employment Protection Act 1975.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The other provisions of this Act shall come into operation on such day as the Secretary of State may by order appoint, and different days may be so appointed for different purposes.

• (4) Any reference in this Act to the commencement of any provision of this Act shall be construed as a reference to the day appointed under this section for the coming into operation of that provision.

• (5) . . . an order under this section may contain such transitional provision or savings as appear to the Lord Chancellor or, as the case may be, the Secretary of State to be necessary or expedient in connection with the provisions of this Act which are thereby brought (wholly or in part) into operation, including such adaptations of those provisions then in force as appear to the Lord Chancellor or, as the case may be, the Secretary of State to be necessary or expedient in consequence of their partial operation (whether before, on or after the day appointed by the order).

• (6) . . . any provision of this Act which amends or repeals any provision of the House of Commons Disqualification Act 1975 or the Northern Ireland Assembly Disqualification Act 1975 shall extend to Northern Ireland, but except as aforesaid this Act shall not extend there.

SCHEDULE 1

Part I — Constitution Etc. of Advisory, Conciliation and Arbitration Service and its Council

The Council

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplemental

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Central Arbitration Committee

Constitution

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Awards

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplemental

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — Supplementary Provisions

Remuneration and allowances

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sums payable on retirement

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Expenses

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULES 2—6

SCHEDULES 7—8

Introductory

1

References in this Schedule to provisions of this Act and the 1974 Act relating to unfair dismissal and to provisions of the Redundancy Payments Act 1965 are references to those provisions as they apply by virtue of section 50 above.

Adaptation of unfair dismissal provisions

2

• (1) Paragraph 6 of Schedule 1 to the 1974 Act (fair and unfair dismissal) shall have effect as if for sub-paragraph (8) there were substituted the following sub-paragraph:—

(8) Subject to sub-paragraphs (4), (6) and (7) above, the determination of the question whether the dismissal was fair or unfair, having regard to the reason shown by the employer, shall depend on whether the employer can satisfy the tribunal that in the circumstances (having regard to equity and the substantial merits of the case) he would have been acting reasonably in treating it as a sufficient reason for dismissing the employee if she had not been absent from work.

.

• (2) If in the circumstances described in section 48(4) above no offer is made of such alternative employment as is referred to in that subsection, then the dismissal which by virtue of section 50 above is treated as taking place shall, notwithstanding anything in paragraph 6 of that Schedule, be treated as an unfair dismissal for the purposes of that Schedule.

• (3) The following references shall be construed as references to the notified day of return, that is to say—

• (a) references in that Schedule and in section 74 above to the effective date of termination ;

• (b) references in section 71 above to the date of termination of employment.

• (4) The following provisions of that Schedule shall not apply, that is to say, paragraphs 5, 6(5), 9 to 14, and 30(1A).

• (5) The following provisions of this Act shall not apply, that is to say, sections 72(7), 74(4), (6) and (7) and 75(1) to (3) and (6).

• (6) For the purposes of Part II of Schedule 4 to this Act as it applies for the calculation of a week's pay for the purposes of section 72 or 74 above, the calculation date is the last day on which the employee worked under the original contract of employment.

Adaptation of redundancy payments provisions

3

• (1) References in the Redundancy Payments Act 1965 shall be adapted as follows, that is to say—

• (a) references to the relevant date, wherever they occur, shall be construed, except where the context otherwise requires, as references to the notified day of return ;

• (b) references in sections 2(4) and 3(3) of that Act (offer of alternative employment) to a renewal or re-engagement taking effect immediately on the ending of employment under the previous contract or after an interval of not more than four weeks thereafter, shall be construed as references to a renewal or re-engagement taking effect on the notified day of return or not more than four weeks after that day ; and

• (c) references in section 3(5) of that Act (trial period) to the provisions of the previous contract shall be construed as references to the provisions of the original contract of employment.

• (2) Nothing in section 50 above shall prevent an employee from being treated, by reason of the operation of section 3(3) of the said Act of 1965, as not having been dismissed for the purposes of that Act.

• (3) The following provisions of the said Act of 1965 shall not apply, that is to say, sections 1(1)(6), 2(1) and (2), 3(1), (2) and (10), 4 to 7, 10, 11, 16(2) and (3), 22, 23 and 40, paragraphs 4 and 5(3) and (7) of Schedule 1 and Schedule 4.

• (4) For the purposes of Part II of Schedule 4 to this Act as it applies for the calculation of a week's pay for the purposes of Schedule 1 to the said Act of 1965 (computation of redundancy payments), the calculation date is the last day on which the employee worked under the original contract of employment.

Dismissal during period of absence

4

• (1) This paragraph applies to the dismissal of an employee who is under the foregoing provisions of this Act entitled to return to work and whose contract of employment continues to subsist during the period of her absence but who is dismissed by her employer during that period after the beginning of the 11th week before the expected week of confinement.

• (2) For the purposes of sub-paragraph (1) above an employee shall not be taken to be dismissed during the period of her absence if the dismissal occurs in the course of the employee's attempting to return to work in accordance with her contract in circumstances in which paragraph 5 below applies.

• (3) In the application of Schedule 1 to the 1974 Act to a dismissal to which this paragraph applies, the following provisions shall not apply, that is to say, paragraphs 6(5), 9, 10, 11, 13 and 14.

• (4) Any such dismissal shall not affect the employee's right to return to work, but—

• (a) compensation in any unfair dismissal proceedings arising out of that dismissal shall be assessed without regard to the employee's right to return ; and

• (b) that right shall be exercisable only on her repaying any redundancy payment or compensation for unfair dismissal paid in respect of that dismissal, if the employer requests such repayment.

Contractual right to return

5

• (1) An employee who has a right both under this Act and under a contract of employment, or otherwise, to return to work, may not exercise the two rights separately but may in returning to work take advantage of whichever right is, in any particular respect, the more favourable.

• (2) The provisions of sections 48 to 50 and paragraphs 1 to 4 above, shall apply, subject to any modifications necessary to give effect to any more favourable contractual terms, to the exercise of the composite right described in sub-paragraph (1) above as they apply to the exercise of the right to return conferred solely by this Act.

Prior redundancy

6

If in proceedings arising out of a failure to permit an employee to return to work, the employer shows—

• (a) that the reason for the failure is that the employee is redundant; and

• (b) that the employee was dismissed or, had she continued to be employed by him, would have been dismissed, by reason of redundancy during her absence on a day earlier than the notified day of return and falling after the beginning of the 11th week before the expected week of confinement,

then, for the purposes of the Redundancy Payments Act 1965 the employee—

• (i) shall not be treated as having been dismissed with effect from the notified day of return ; but

• (ii) shall, if she would not otherwise be so treated, be treated as having been continuously employed until that earlier day and as having been dismissed by reason of redundancy with effect from that day.

Power to amend or modify

7

• (1) The Secretary of State may by order amend the provisions of this Schedule or modify the application of those provisions to any description of case.

• (2) No order under this paragraph shall be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

SCHEDULE 4

PART I — Normal Working Hours

1

For the purposes of this Schedule the cases where there are normal working hours include cases where the employee is entitled to overtime pay when employed for more than a fixed number of hours in a week or other period, and, subject to paragraph 2 below, in those cases that fixed number of hours shall be the normal working hours.

2

If in such a case—

• (a) the contract of employment fixes the number, or the minimum number, of hours of employment in the said week or other period (whether or not it also provides for the reduction of that number or minimum in certain circumstances), and

• (b) that number or minimum number of hours exceeds the number of hours without overtime,

that number or minimum number of hours (and not the number of hours without overtime) shall be the normal working hours.

PART II — A Week's Pay

Employments for which there are normal working hours

3

• (1) This paragraph and paragraph 4 below shall apply if there are normal working hours for an employee when employed under the contract of employment in force on the calculation date.

• (2) Subject to paragraph 4 below, if an employee's remuneration for employment in normal working hours, whether by the hour or week or other period, does not vary with the amount of work done in the period, the amount of a week's pay shall be the amount which is payable by the employer under the contract of employment in force on the calculation date if the employee works throughout his normal working hours in a week.

• (3) Subject to paragraph 4 below, if sub-paragraph (2) above does not apply, the amount of a week's pay shall be the amount of remuneration for the number of normal working hours in a week calculated at the average hourly rate of remuneration payable by the employer to the employee in respect of the period of 12 weeks—

• (a) where the calculation date is the last day of a week, ending with that week;

• (b) in any other case, ending with the last complete week before the calculation date.

• (4) References in this paragraph to remuneration varying with the amount of work done include references to remuneration which may include any commission or similar payment which varies in amount.

4

• (1) This paragraph shall apply if there are normal working hours for an employee when employed under the contract of employment in force on the calculation date, and he is required under that contract to work during those hours on days of the week or at times of the day which differ from week to week or over a longer period so that the remuneration payable for, or apportionable to, any week varies according to the incidence of the said days or times.

• (2) The amount of a week's pay shall be the amount of remuneration for the average weekly number of normal working hours (calculated in accordance with sub-paragraph (3) below) at the average hourly rate of remuneration (calculated in accordance with sub-paragraph (4) below).

• (3) The average number of weekly hours shall be calculated by dividing by 12 the total number of the employee's normal working hours during the period of 12 weeks—

• (a) where the calculation date is the last day of a week, ending with that week;

• (b) in any other case, ending with the last complete week before the calculation date.

• (4) The average hourly rate of remuneration shall be the average hourly rate of remuneration payable by the employer to the employee in respect of the period of 12 weeks—

• (a) where the calculation date is the last day of a week, ending with that week ;

• (b) in any other case, ending with the last complete week before the calculation date.

5

• (1) For the purpose of paragraphs 3 and 4 above, in arriving at the average hourly rate of remuneration only the hours when the employee was working, and only the remuneration payable for, or, apportionable to, those hours of work, shall be brought in; and if for any of the 12 weeks mentioned in either of those paragraphs no such remuneration was payable by the employer to the employee, account shall be taken of remuneration in earlier weeks so as to bring the number of weeks of which account is taken up to 12.

• (2) Where, in arriving at the said hourly rate of remuneration, account has to be taken of remuneration payable for, or apportionable to, work done in hours other than normal working hours, and the amount of that remuneration was greater than it would have been if the work had been done in normal working hours, account shall be taken of that remuneration as if—

• (a) the work had been done in normal working hours ; and

• (b) the amount of that remuneration had been reduced accordingly.

• (3) For the purpose of the application of sub-paragraph (2) above to a case falling within paragraph 2 above, sub-paragraph (2) shall be construed as if for the words " had been done in normal working hours ", in each place where those words occur, there were substituted the words " had been done in normal working hours falling within the number of hours without overtime ".

Employments for which there are no normal working hours

6

• (1) This paragraph shall apply if there are no normal working hours for an employee when employed under the contract of employment in force on the calculation date.

• (2) The amount of a week's pay shall be the amount of the employee's average weekly remuneration in the period of 12 weeks—

• (a) where the calculation date is the last day of a week, ending with that week;

• (b) in any other case, ending with the last complete week before the calculation date.

• (3) In arriving at the said average weekly rate of remuneration no account shall be taken of a week in which no remuneration was payable by the employer to the employee and remuneration in earlier weeks shall be brought in so as to bring the number of weeks of which account is taken up to 12.

Supplemental

7

In any case in which an employee has not been employed for a sufficient period to enable a calculation to be made under any of the foregoing provisions of this Part of this Schedule, the amount of a week's pay shall be an amount which fairly represents a week's pay; and in determining that amount the tribunal shall apply as nearly as may be such of the foregoing provisions of this Part as it considers appropriate, and may have regard to such of the following considerations as it thinks fit, that is to say—

• (a) any remuneration received by the employee in respect of the employment in question ;

• (b) the amount offered to the employee as remuneration in respect of the employment in question ;

• (c) the remuneration received by other persons engaged in relevant comparable employment with the same employer ;

• (d) the remuneration received by other persons engaged in relevant comparable employment with other employers.

8

In arriving at an average hourly rate or average weekly rate of remuneration under this Part of this Schedule—

• (a) account shall be taken of work for a former employer within the period for which the average is to be taken if, by virtue of Schedule 1 to the Contracts of Employment Act 1972 (computation of period of employment) a period of employment with the former employer counts as part of the employee's continuous period of employment with the later employer, and

• (b) " week" means, for an employee whose remuneration is calculated weekly by a week ending with a day other than Saturday, a week ending with that other day, and, for other employees, means a week ending with Saturday.

9

Where under this Part of this Schedule account is to be taken of remuneration or other payments for a period which does not coincide with the periods for which the remuneration or other payments are calculated, then the remuneration or other payments shall be apportioned in such manner as may be just.

10

The Secretary of State may by regulations provide that in prescribed cases the amount of a week's pay shall be calculated in such manner as the regulations may prescribe.

SCHEDULE 5

Rights of Employee in Period of Notice

Preliminary

1

• (1) In this Schedule—

• (a) the " period of notice " means the period of notice required by section 1(1) or, as the case may be, section 1(2) of this Act; and

• (b) " normal working hours " shall be construed in accordance with Part I of Schedule 4 to the Employment Protection Act 1975.

• (2) For the purposes of Part II of Schedule 4 to the Employment Protection Act 1975 as it applies for the calculation of a week's pay for the purposes of this Schedule, the calculation date is the day immediately preceding the first day of the period of notice.

Employments for which there are normal working hours

2

• (1) If an employee has normal working hours under the contract of employment in force during the period of notice, and if during any part of those normal working hours—

• (a) the employee is ready and willing to work but no work is provided for him by his employer ; or

• (b) the employee is incapable of work because of sickness or injury; or

• (c) the employee is absent from work in accordance with the terms of his employment relating to holidays,

then the employer shall be liable to pay the employee for the part of normal working hours covered by paragraphs (a) (b) and (c) above a sum not less than the amount of remuneration for that part of normal working hours calculated at the average hourly rate of remuneration produced by dividing a week's pay by the number of normal working hours.

• (2) Any payments made to the employee by his employer in respect of the relevant part of the period of notice whether by way of sick pay, holiday pay or otherwise, shall go towards meeting the employer's liability under this paragraph.

• (3) Where notice was given by the employee, the employer's liability under this paragraph shall not arise unless and until the employee leaves the service of the employer in pursuance of the notice.

Employments for which there are no normal working hours

3

• (1) If an employer does not have normal working hours under the contract of employment in force in the period of notice the employer shall be liable to pay the employee for each week of the period of notice a sum not less than a week's pay.

• (2) Subject to the next following sub-paragraph, the employer's obligation under this paragraph shall be conditional on the employee being ready and willing to do work of a reasonable nature and amount to earn a week's pay.

• (3) Sub-paragraph (2) shall not apply—

• (a) in respect of any period during which the employee is incapable of work because of sickness or injury, or

• (b) in respect of any period during which the employee is absent from work in accordance with the terms of his employment relating to holidays,

and any payment made to an employee by his employer in respect of such a period, whether by way of sick pay, holiday pay or otherwise, shall be taken into account for the purposes of this paragraph as if it were remuneration paid by the employer in respect of that period.

• (4) Where the notice was given by the employee, the employer's liability under this paragraph shall not arise unless and until the employee leaves the service of the employer in pursuance of the notice.

Sickness or industrial injury benefit

4

• (1) The following provisions of this paragraph shall have effect where the arrangements in force relating to the employment are such that—

• (a) payments by way of sick pay are made by the employer to employees to whom the arrangements apply, in cases where any such employees are incapable of work because of sickness or injury and

• (b) in calculating any payment so made to any such employee an amount representing, or treated as representing, sickness benefit or industrial injury benefit is taken into account, whether by way of deduction or by way of calculating the payment as a supplement to that amount.

• (2) If during any part of the period of notice the employee is incapable of work because of sickness or injury, and—

• (a) one or more payments, by way of sick pay are made to him by the employer in respect of that part of the period of notice, and

• (b) in calculating any such payment such an amount as is referred to in sub-paragraph (1)(b) of this paragraph is taken into account as therein mentioned,

then for the purposes of this Schedule the amount so taken into account shall be treated as having been paid by the employer to the employee by way of sick pay in respect of that part of that period, and shall go towards meeting the liability of the employer under paragraph 2 or paragraph 3 of this Schedule accordingly.

Absence on leave granted at request of employee

5

The employer shall not be liable under the foregoing provisions of this Schedule to make any payment in respect of a period during which the employee is absent from work with the leave of the employer granted at the request of the employee (including any period of time off taken in accordance with section 57, 58, 59 or 61 of the Employment Protection Act 1975).

Notice given before a strike

6

No payment shall be due under this Schedule in consequence of a notice to terminate a contract given by an employee if, after the notice is given and on or before the termination of the contract, the employee takes part in a strike of employees of the employer. In this paragraph " strike " has the same meaning as in Schedule 1 to this Act.

Termination of employment during period of notice

7

• (1) If, during the period of notice, the employer breaks the contract of employment, payments received under this Schedule in respect of the part of the period after the breach shall go towards mitigating the damages recoverable by the employee for loss of earnings in that part of the period of notice.

• (2) If, during the period of notice, the employee breaks the contract and the employer rightfully treats the breach as terminating the contract, no payment shall be due to the employee under this Schedule in respect of the part of the period of notice falling after the termination of the contract.

SCHEDULE 6

PART I — Provisions as to Membership, Sittings, Proceedings and Powers

Tenure of office of appointed members of Appeal Tribunal

1

Subject to paragraphs 2 and 3 below, a member of the Appeal Tribunal appointed by Her Majesty under section 87(2)(c) above (in this Schedule referred to as an " appointed member ") shall hold and vacate office as such a member in accordance with the terms of his appointment.

2

An appointed member may at any time resign his membership by notice in writing addressed to the Lord Chancellor and the Secretary of State.

3

• (1) If the Lord Chancellor, after consultation with the Secretary of State, is satisfied that an appointed member—

• (a) has been absent from sittings of the Appeal Tribunal for a period longer than six consecutive months without the permission of the President of the Tribunal; or

• (b) has become bankrupt or made an arrangement with his creditors; or

• (c) is incapacitated by physical or mental illness ; or

• (d) is otherwise unable or unfit to discharge the functions of a member;

the Lord Chancellor may declare his office as a member to be vacant and shall notify the declaration in such manner as the Lord Chancellor thinks fit; and thereupon the office shall become vacant

• (2) In the application of this paragraph to Scotland for the references in sub-paragraph (1)(b) above to a member's having become bankrupt and to a member's having made an arrangement with his creditors there shall be substituted respectively references to a member's estate having been sequestrated and to a member's having made a trust deed for behoof of his creditors or a composition contract

Temporary membership of Appeal Tribunal

4

At any time when the office of President of the Appeal Tribunal is vacant, or the person holding that office is temporarily absent or otherwise unable to act as president of the Tribunal, die Lord Chancellor may nominate another judge nominated under section 87(2)(a) above to act temporarily in his place.

5

At any time when a judge of the Appeal Tribunal nominated by the Lord Chancellor is temporarily absent or otherwise unable to act as a judge of that Tribunal, the Lord Chancellor may nominate another person who is qualified to be nominated under section 87(2)(a) above to act temporarily in his place.

6

At any time when a judge of the Appeal Tribunal nominated by the Lord President of the Court of Session is temporarily absent or otherwise unable to act as a judge of the Appeal Tribunal, the Lord President may nominate another judge of the Court of Session to act temporarily in his place.

7

At any time when an appointed member is temporarily absent or otherwise unable to act as a member of the Appeal Tribunal, the Lord Chancellor and the Secretary of State may jointly appoint a person appearing to them to have the qualifications for appointment as such a member to act temporarily in his place.

8

A person appointed to act temporarily in place of the President or any other member of the Appeal Tribunal shall, when so acting, have all the functions of the person in whose place he acts.

9

No judge shall be nominated under paragraph 5 or 6 above except with his consent.

Organisation and sittings of Appeal Tribunal

10

The Appeal Tribunal shall be a superior court of record and shall have an official seal which shall be judicially noticed.

11

The Appeal Tribunal shall have a central office in London.

12

The Appeal Tribunal may sit at any time and in any place in Great Britain.

13

The Appeal Tribunal may sit, in accordance with directions given by the President of the Tribunal, either as a single tribunal or in two or more divisions concurrently.

14

With the consent of the parties to any proceedings before the Appeal Tribunal, the proceedings may be heard by a judge and one appointed member, but, in default of such consent, any proceedings before the Tribunal shall be heard by a judge and either two or four appointed members, so that in either case there are equal numbers of persons whose experience is as representatives of employers and whose experience is as representatives of workers.

Rules

15

• (1) The Lord Chancellor, after consultation with the Lord President of the Court of Session, shall make rules with respect to proceedings before the Appeal Tribunal.

• (2) Subject to those rules, the Tribunal shall have power to regulate its own procedure.

16

• (1) Without prejudice to the generality of paragraph 15 above, the rules may include provision—

• (a) with respect to the manner in which an appeal may be brought and the time within which it may be brought;

• (b) for requiring persons to attend to give evidence and produce documents, and for authorising the administration of oaths to witnesses ;

• (c) enabling the Appeal Tribunal to sit in private for the purpose of hearing evidence to hear which an industrial tribunal may sit in private by virtue of paragraph 21(5) of Schedule 1 to the 1974 Act.

17

• (1) Without prejudice to the generality of paragraph 15 above, the rules may empower the Appeal Tribunal to order a party to any proceedings before the Tribunal to pay to any other party to the proceedings the whole or part of the costs or expenses incurred by that other party in connection with the proceedings, where in the opinion of the Tribunal—

• (a) the proceedings were unnecessary, improper or vexatious, or

• (b) there has been unreasonable delay or other unreasonable conduct in bringing or conducting the proceedings.

• (2) Except as provided by sub-paragraph (1) above, the rules shall not enable the Appeal Tribunal to order the payment of costs or expenses by any party to proceedings before the Tribunal.

18

Any person may appear before the Appeal Tribunal in person or be represented by counsel or by a solicitor or by a representative of a trade union or an employers' association or by any other person Whom he desires to represent him.

Powers of Tribunal

19

• (1) For the purpose of disposing of an appeal the Appeal Tribunal may exercise any powers of the body or officer from whom the appeal was brought or may remit the case to that body or officer.

• (2) Any decision or award of the Appeal Tribunal on an appeal shall have the same effect and may be enforced in the same manner as a decision or award of a body or officer from whom the appeal was brought.

20

• (1) The Appeal Tribunal shall, in relation to the attendance and examination of witnesses, the production and inspection of documents and all other matters incidental to its jurisdiction, have the like powers, rights, privileges and authority—

• (a) in England and Wales, as the High Court,

• (b) in Scotland, as the Court of Session.

• (2) No person shall be punished for contempt of the Tribunal except by, or with the consent of, a judge.

21

• (1) In relation to any fine imposed by the Appeal Tribunal for contempt of the Tribunal, section 14 of the Criminal Justice Act 1948 and section 47 of the Criminal Justice Act 1967 (which relate to fines imposed and recognizances forfeited at certain courts) shall have effect as if in those provisions any reference to the Crown Court included a reference to the Tribunal.

• (2) A magistrates' court shall not remit the whole or any part of a fine imposed by the Appeal Tribunal except with the consent of a judge who is a member of the Tribunal.

• (3) This paragraph does not extend to Scotland.

Staff

22

The Secretary of State may appoint such officers and servants of the Appeal Tribunal as he may determine, subject to the approval of the Minister for the Civil Service as to numbers and as to terms and conditions of service.

PART II — Supplementary

Remuneration and allowances

23

The Secretary of State shall pay the appointed members of the Appeal Tribunal, the persons appointed to act temporarily as appointed members, and the officers and servants of the Tribunal such remuneration and such travelling and other allowances as he may with the approval of the Minister for the Civil Service determine.

Pensions, etc.

24

If the Secretary of State determines, with the approval of the Minister for the Civil Service, that this paragraph shall apply in the case of an appointed member, the Secretary of State shall pay such pension, allowance or gratuity to or in respect of that member on his retirement or death or make that member such payments towards the provision of such a pension, allowance or gratuity as the Secretary of State may with the like approval determine.

25

Where a person ceases to be an appointed member otherwise than on his retirement or death and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Secretary of State may make him a payment of such amount as the Secretary of State may, with the approval of the Minister for the Civil Service, determine.

SCHEDULE 7

PART I — Section 11, as Substituted

Note: This Part of the Schedule reproduces section 11 with amendments enabling wages councils, instead of the Secretary of State, to make orders under that section and enabling wages councils to fix other terms and conditions of employment as well as remuneration and holidays and to specify the date from which remuneration fixed by them is to be payable.

PART II — Section 12, as Substituted

Note: This Part of this Schedule reproduces section 12 with amendments substituting any terms and conditions of employment fixed by an order under section 11 (as well as remuneration so fixed) for those contained in a worker's contract of employment, making it an offence to fail to pay arrears of remuneration related to a period before the making of any such order and increasing the powers of a convicting court to order an employer to pay the remuneration or arrears.

PART III — Schedule 2, as Substituted

Note: This Part of this Schedule reproduces Schedule 2 with amendments as to the method and terms of appointment of members of wages councils. Constitution, Officers and Proceedings of Wages Councils and Co-ordinating Committees

PART IV — Minor and Consequential Amendments

1

For the words "a wages regulation order", wherever they occur, substitute the words " an order under section 11 of this Act ".

2

In section 4, after subsection (2) (power by order to vary the field of operation of a wages council) insert the following subsections :—

(2A) The power of the Secretary of State to make an order under this section varying the field of operation of a wages council shall include power to vary that field by excluding from it any employers to whom there for the time being applies, as members of an organisation named in the order, an agreement, to which the organisation or any other organisation of which it is a member or on which it is represented, is a party, regulating remuneration or other terms or conditions of employment of their employees. (2B) Any organisation so named shall if it has not already done so furnish the Secretary of State with a list of its members and shall from time to time, and also if so required by the Secretary of State, furnish him with particulars of any changes in their membership which have occurred since the list was furnished or, as the case may be, when particulars were last furnished to him.

3

• (1) In section 7 (central co-ordinating committees), for subsection (1) substitute the following subsection:—

(1) The Secretary of State may, if he thinks fit to do so, by order establish a central co-ordinating committee in relation to any two or more wages councils or statutory joint industrial councils, or wages councils and statutory joint industrial councils, or abolish, or vary the field of operation of, any central co-ordinating committee so established: Provided that, except where either of the two following subsections applies, the Secretary of State shall, before making any such order, consult the wages councils or statutory joint industrial councils, or, as the case may be, the wages councils and the statutory joint industrial councils, concerned.

• (2) In section 7(2) after the words "wages council" in the first place where they occur, insert the words " or statutory joint industrial council ", and for the words " wages council" wherever else they occur substitute the word " council ".

• (3) In section 7(3) after the words "wages council" in the first place where they occur, insert the words " or statutory joint industrial council ", and for the words " wages council" wherever else they occur substitute the word " council ".

• (4) In section 7(5), in paragraph (a) for the words "wages councils " substitute the word " councils ".

4

• (1) Section 13 (permits to infirm and incapacitated persons) shall be amended in accordance with the following provisions of this paragraph.

• (2) In subsection (1) for the words from "it may, if it thinks fit" to the end there shall be substituted the words " or makes it inappropriate for other terms and conditions fixed by the order to apply to him, it may, if it thinks fit, grant, subject to any conditions it may determine, a permit authorising his employment at less than the statutory minimum remuneration or dispensing with a term or condition specified in the permit; and while the permit is in force the remuneration authorised by the permit shall, if the conditions specified in the permit are complied with, be deemed to be the statutory minimum remuneration or, as the case may be, the terms and conditions fixed by the order shall be deemed to be observed. ".

• (3) In subsection (2) after the words "statutory minimum remuneration" insert the words " or dispensing with a term or condition specified in the permit " and after the words " specified remuneration" insert the words " or without compliance with any such term or condition ".

5

In section 14(2) (power to authorise benefits to be reckoned as wages) for the words "wages regulation proposals and wages regulation orders " substitute the words " orders under section 11 of this Act ".

6

The provisions specified in column 1 of the following Table (which create offences) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in that provision were a fine not exceeding the amount specified in column 3 of that Table instead of a fine not exceeding the amount specified in column 2 of that Table.

Provision	Old maximum fine	New maximum fine
Section 16(2) (employers not to receive premiums)	£20	£100
Section 17(3) (failure to keep records or post or give notices)	£20	£100
Section 19(6) (obstruction, etc.)	£20	£100
Section 20 (false records and false information)	£100	£400

7

In section 17(2) (notices to be displayed) for the words " wages regulation proposals or wages regulation order " substitute the words " proposals or orders under section 11 of this Act ".

8

In section 19(3) (power of officers to obtain information, etc.) for the words " outworkers " and " outworker ", wherever occurring, substitute respectively the words " homeworkers " and " home-worker ".

9

• (1) In section 24 (definitions), before the definition of " home-worker " insert the following definition:—

• " employers' association " has the same meaning as in Part III of the Employment Protection Act 1975 ;

.

• (2) In the said section, for the definition of " organisation " substitute the following definition:—

• " organisation ", in relation to workers means a trade union and in relation to employers means an employers' association ;

.

• (3) In the said section, after the definition of " prescribed " insert the following definition:—

• " statutory joint industrial council " means a council established under section 90 of the Employment Protection Act 1975 ;

.

• (4) In the said section, for the definition of "trade union" substitute the following definition:—

• " trade union " has the same meaning as in the Trade Union and Labour Relations Act 1974

.

• (5) In the said section, for the provision defining " wages council" and "commission of inquiry", substitute the following definition:—

• " wages council " means a wages council established under this Act:

.

• (6) In the said section, for the definition of " worker " substitute the following definition:—

• ' worker ' means any person— who has entered into or works under a contract with an employer (whether express or implied, and, if express, whether oral or in writing) whether it be a contract of service or of apprenticeship or any other contract whereby he undertakes to do or perform personally any work or services for another party to the contract who is not a professional client of his; or whether or not he falls within the foregoing provision, who is a homeworker ; but does not include any person who is employed casually and otherwise than for the purposes of the business of the employer or other party to the contract.

.

10

For paragraph 4 of Schedule 1 to the Wages Councils Act 1959 (cases where the Secretary of State may make an order establishing, abolishing or varying the field of operation of a wages council without further proceedings) there shall be substituted the following paragraph:—

(4) (1) If there is no objection which the Secretary of State is required by the foregoing paragraph to consider or if, after considering any such objection, he is of the opinion that it satisfies one of the following conditions, that is to say— (a) in the case of an order to be made in pursuance of a recommendation of the Advisory, Conciliation and Arbitration Service, the objection was made to the Service and was expressly dealt with in the report embodying the recommendations ; or (b) in the case of such an order as is referred to in paragraph (a) above, the objection is one the subject-matter of which was considered by the Service and was expressly dealt with in that report or is such that a further inquiry into that subject-matter would serve no useful purpose ; or (c) in any case, the objection will be met by a modification which he proposes to make under this paragraph, or is frivolous, he may make the order either in the terms of the draft or subject to such modifications, if any, as he thinks fit, being modifications which, in his opinion, do not effect important alterations in the character of the draft order as published. (2) The Secretary of State shall not form an opinion as to any matter mentioned in paragraph (b) of the foregoing sub-paragraph without consulting the Service.

.

SCHEDULE 8

PART I — Constitution, Etc

1

• (1) A statutory joint industrial council (hereafter in this Part of this Schedule referred to as a council) shall consist of equal numbers (being numbers within the limits specified by the Secretary of State) of persons appointed by a nominated employers' association to represent employers on the council and of persons appointed by a nominated trade union to represent workers on the council.

• (2) A nominated employers' association or trade union shall on making such an appointment inform the secretary of the council, in writing, of that appointment.

2

• (1) On the conversion of a wages council to a statutory joint industrial council—

• (a) the limits as to the number of persons to be appointed to represent employers and workers on that wages council which are immediately before the date on which that council becomes a statutory joint industrial council for the time being specified by the Secretary of State, shall continue, subject to sub-paragraph (2) below, to be the limits in relation to that statutory joint industrial council; and