Employment Protection Act 1975

For paragraph 5 of Schedule 1 (computation of and limit on a week's pay for calculating redundancy payments) substitute the following paragraph:—

(5) (1) 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, subject to sub-paragraph (3) below, the date on which notice would have been given by the employer had the conditions referred to in the next following sub-paragraph been fulfilled (whether those conditions were in fact fulfilled or not). (2) Those conditions are that the contract was terminable by notice and was terminated by the employer giving such notice as is required to terminate that contract by section 1(1) of the Contracts of Employment Act 1972 (minimum period of notice) and that the notice expired on the relevant date. (3) Where by virtue of section 3(10) of this Act a date is to be treated as the relevant date for the purposes of certain provisions of this Act (which do not include this sub-paragraph) which is later than the relevant date as denned by subsection (9) of that section, then, 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 relevant date as defined by the said subsection (9). (4) Notwithstanding anything in the said Part II of Schedule 4, the amount of a week's pay for the purpose of calculating a redundancy payment shall not exceed £80. (5) The Secretary of State may, after a review under section 86 of the Employment Protection Act 1975, vary the limit referred to in the preceding sub-paragraph by order made by statutory instrument in accordance with that section. (6) An order under this paragraph may contain such transitional and incidental provisions as appear to the Secretary of State to be necessary or expedient, and may be varied or revoked by a subsequent order made thereunder. (7) Without prejudice to the generality of the power under the last preceding sub-paragraph to make transitional provision in an order under this paragraph, such an order may provide that it shall apply in the case of a dismissal in relation to which the relevant date for the purposes of this sub-paragraph falls after the order comes into operation, notwithstanding that the relevant date for the purposes of other provisions of this Act falls before the order comes into operation.

.

22

In paragraph 9 of Schedule 1 after the word "week" insert the words " , except in the expression " a week's pay," " and omit the words from " and " to the end.

23

For paragraphs 3 and 4 of Schedule 4 (renewal of employment by personal representative of deceased employer) substitute the following paragraphs—

(3) Where by virtue of subsection (1) of section 22 of this Act the death of the deceased employer is to be treated for the purposes of this Act as a termination by him of the contract of employment, section 3 of this Act shall have effect subject to the following modifications:— (a) for subsection (3) there shall be substituted the following subsection— (3) If an employee's contract of employment is renewed, or he is re-engaged under a new contract of employment, by a personal representative of the deceased employer and the renewal or re-engagement takes effect not later than eight weeks after the death of the deceased employer, then, subject to subsections (5) and (8) of this section, the employee shall not be regarded as having been dismissed by reason of the ending of his employment under the previous contract. (b) in subsection (4) paragraph (a) shall be omitted and in paragraph (b) for the words " four weeks " there shall be substituted the words " eight weeks "; (c) in subsections (7) and (8) references to the employer shall be construed as references to the personal representative of the deceased employer. (4) Where by reason of the death of the deceased employer the employee is treated for the purposes of this Act as having been dismissed by him, section 2 of this Act shall have effect subject to the following modifications— (a) for subsection (3) there shall be substituted the following subsection— (3) If a personal representative of the deceased employer makes an employee an offer (whether in writing or not) to renew his contract of employment, or to re-engage him under a new contract of employment, so that the renewal or re-engagement would take effect not later than eight weeks after the death of the deceased employer the provisions of subsections (5) and (6) of this section shall have effect. (b) in subsection (4) paragraph (a) shall be omitted and in paragraph (b) for the words " four weeks " there shall be substituted the words " eight weeks "; (c) in subsection (5) the reference to the employer shall be construed as a reference to the personal representative of the deceased employer.

.

24

In paragraph 5 of Schedule 4 at the end insert " or, as the case may be, whether the employee acted reasonably in terminating the renewed, or new, employment during the trial period referred to in section 3 of this Act ".

25

Paragraph 6 of Schedule 4 is hereby repealed.

26

In paragraph 7 of Schedule 4 for the words from " as mentioned " to " Schedule " substitute the words " by a personal representative of the deceased employer ".

27

Paragraph 12 of Schedule 4 is hereby repealed.

28

Renumber paragraph 16 of Schedule 4 (death of employee during notice period) as sub-paragraph (1) of that paragraph and after that sub-paragraph insert the following sub-paragraph:—

(2) Where the employee's contract of employment has been terminated by the employer and by virtue of section 3(10) of this Act a date later than the relevant date as defined by subsection (9) of that section is to be treated as the relevant date for the purposes of certain provisions of this Act, and before that later date the employee dies, the said subsection (10) shall have effect as if the notice referred to in that subsection as required to be given by an employer would have expired on the employee's death.

.

29

Renumber paragraph 17 of Schedule 4 (death of employee after offer of alternative employment) as sub-paragraph (1) of that paragraph.

30

In that sub-paragraph for the words from "subsection (3)" to the end substitute the words " subsection (5) of section 2 of this Act shall apply as if for the words " the employee unreasonably refuses" there were substituted the words " it would have been unreasonable on the part of the employee to refuse. ".

31

After that sub-paragraph insert the following sub-paragraph:—

(2) Where an employee's contract of employment has been renewed, or he has been re-engaged under a new contract of employment, and during the trial period the employee dies without having terminated or having given notice to terminate the contract, subsection (6) of that section shall apply as if for the words from " and during the trial period " to " terminated " there were substituted the words " and it would have been unreasonable for the employee, during the trial period referred to in section 3 of this Act, to terminate or give notice to terminate the contract

.

32

After paragraph 17 of Schedule 4, insert the following paragraph:—

(17A) Where an employee's contract of employment has been renewed, or he has been re-engaged under a new contract of employment, and during the trial period he gives notice to terminate the contract but dies before the expiry of that notice sections 2(6) and 3(8)(a) shall have effect as if that notice had expired and the contract had thereby been terminated on the date of the employee's death.

.

33

Renumber paragraph 20 of Schedule 4 as sub-paragraph (1) of that paragraph and—

• (a) in that sub-paragraph after the words " relevant date" insert the words " subsection (1) of "; and

• (b) after that sub-paragraph insert the following sub-paragraph—

(2) In relation to the making of a claim by a personal representative of a deceased employee who dies after the end of the period of six months beginning with the relevant date and before the end of the following period of six months, subsection (2) of section 21 of this Act shall apply with the substitution, for the words " six months " , of the words " one year.

34

After paragraph 21 of Schedule 4 insert the following paragraph—

(21A) (1) If there is no personal representative of a deceased employee, tribunal proceedings arising under any of the provisions of this Act (or proceedings to enforce a tribunal award made in any such proceedings) may be instituted or continued on behalf of the estate of the deceased employee by such other person as the tribunal may appoint being either— (a) a person authorised by the employee to act in connection with the proceedings before the employees' death; or (b) the widower, widow, child, father, mother, brother or sister of the deceased employee, and references in this Part of this Schedule to a personal representative shall be construed as including such a person. (2) In such a case any award made by the tribunal shall be in such terms and shall be enforceable in such manner as may be provided by regulations made by the Secretary of State. (3) Section 123 of the Employment Protection Act 1975 shall apply to this paragraph as if it were a provision of that Act.

.

PART II — Contracts of Employment Act 1972

1

In sections 1(1) to (3) and 2 (minimum period of notice) for the words " thirteen weeks ", wherever they occur, substitute the words " four weeks ".

2

In section 1(1) for paragraphs (b) to (e) substitute the following paragraphs—

(b) shall be not less than one week's notice for each year of continuous employment if his period of continuous employment is two years or more but less than twelve years ; and (c) shall be not less than twelve weeks' notice if his period of continuous employment is twelve years or more.

.

3

In section 1(4) (contract for a term certain to be treated in certain cases as a contract for an indefinite period) for the words " thirteen weeks " substitute the words " twelve weeks ".

4

In section 4(1) (written statement of terms of employment).—

• (a) after the words " the date when the employment began ", insert the words " stating whether any employment with a previous employer counts as part of the employee's continuous period of employment with him, and if so specifying the date on which the continuous period of employment began "; and

• (b) after paragraph (e) insert " and (f) the title of the job which the employee is employed to do: ".

5

In section 4(2) (written particulars to contain note about grievance procedure)—

• (a) at the beginning insert the words " Subject to subsection (2A) of this section "; and

• (b) for paragraphs (b) and (c) substitute the following paragraphs:—

(a) specifying any disciplinary rules applicable to the employee, or referring to a document which is reasonably accessible to the employee and which specifies such rules ; (b) specifying, by description or otherwise— (i) a person to whom the employee can apply if he is dissatisfied with any disciplinary decision relating to him ; and (ii) a person to whom the employee can apply for the purpose of seeking redress of any grievance relating to his employment, and the manner in which any such applications should be made ; and (c) where there are further steps consequent upon any such application, explaining those steps or referring to a document which is reasonably accessible to the employee and which explains them,

.

6

After section 4(2) insert the following subsection—

(2A) The provisions of paragraphs (a) to (c) of subsection (2) of this section shall not apply to rules, disciplinary decisions, grievances or procedures relating to health or safety at work.

.

7

In section 4(7) (part-time employment)—

• (a) at the beginning insert the words " Subject to the following provisions of this section, "; and

• (b) for the words " twenty-one hours" substitute the words " sixteen hours ".

8

After section 4(7) insert the following subsections—

(8) If the employee's relations with his employer cease to be governed by a contract which normally involves work for sixteen hours or more weekly and become governed by a contract which normally involves employment for eight hours or More, but less than sixteen hours, weekly, the employee shall nevertheless for a period of twenty-six weeks computed in accordance with the next following subsection be treated for the purposes of the foregoing subsection as if his contract normally involved employment for sixteen hours or more weekly. (9) In computing the said period of twenty-six weeks no account shall be taken of any week— (a) during which the employee is in fact employed for sixteen hours or more ; (b) during which the employee takes part in a strike (as defined in paragraph 11 of Schedule 1 to this Act), or is absent from work because of a lock-out (as so defined) by his employer ; or (c) during which there is no contract of employment but which, by virtue of paragraph 5(1) of Schedule 1 to this Act, counts in computing a period of continuous employment (10) An employee whose relations with his employer are governed by a contract of employment which normally involves employment for eight hours or more, but less than sixteen hours, weekly shall nevertheless, if he has been continuously employed for a period of five years or more (computed in accordance with Schedule 1 to this Act) be treated for the purposes of subsection (7) of this section as if his contract normally involved employment for sixteen hours or more weekly.

.

9

In section 5(4) (written statement of change in terms of employment), after the word " but" insert the words " subject to subsection (5) of this section " , and after that subsection insert the following subsection—

(5) A written statement under this section which informs an employee of such a change in his terms of employment as is referred to in subsection (4)(b) of this section shall specify the date on which the employee's continuous period of employment began.

.

10

In section 9 (excluded categories of employees)—

• (a) after subsection (2) insert the following subsection:—

(2A) Section 1 of this Act shall not apply to a person employed under a contract made in contemplation of the performance of a specific task which is not expected to last for more than twelve weeks, unless the employee has been continuously employed for a period of more than twelve weeks (computed in accordance with Schedule 1 to this Act).

; and

• (b) in subsection (3) for the words from " father " to " daughter " substitute the words " husband or wife ".

11

For section 10 (power to vary number of weekly hours of employment necessary to qualify for rights) substitute the following section:—

(10) (1) The Secretary of State shall have power by order to provide that this Act shall have effect as if— (a) for each of the references to sixteen hours in section 4(7) to (10) of this Act and in paragraphs 3, 4, 4A, 4B and 4C of Schedule 1 to this Act there were substituted a reference to such other number of hours less than sixteen as may be specified in the order ; and (b) as if for each of the references to eight hours in section 4(7), (8) and (10) of this Act and in paragraphs 4B and 4C of the said Schedule there were substituted a reference to such other number of hours less than eight as may be specified in the order. (2) An order under the foregoing subsection shall affect the operation of Schedule 1 to this Act as respects periods before the order takes effect as well as respects later periods. (3) An order under this section may contain such transitional and other supplemental and incidental provisions as appear to the Secretary of State to be expedient, and may be varied or revoked by a further order so made. (4) An order under this section shall be made by statutory instrument, but no such order shall be made unless a draft of the order has been laid before Parliament and approved by resolution of each House.

.

12

For paragraph 1(1) of Schedule 1 (computation of period of employment) substitute the following sub-paragraph—

(1) Where an employee's period of employment is, for the purposes of any enactment (including any enactment contained in this Act), to be computed in accordance with this Schedule, it shall be computed in weeks, and in any such enactment which refers to a period of employment expressed in years, a year means 52 weeks (whether continuous or discontinuous) which count in computing a period of employment.

.

13

In paragraph 3 and 4 of Schedule 1 for the words " twenty-one hours" wherever they occur substitute the words " sixteen hours ".

14

After paragraph 4 of Schedule 1 insert the following paragraphs—

(4A) (1) If the employee's relations with his employer cease to be governed by a contract which normally involves work for sixteen hours or more weekly and become governed by a contract which normally involves employment for eight hours or more, but less than sixteen hours, weekly, and but for that change the later weeks would count in computing a period of employment, or would not break the continuity of a period of employment, then those later weeks shall count in computing a period of employment or, as the case may be, shall not break the continuity of a period of employment, notwithstanding that change. (2) Not more than twenty-six weeks shall count under this paragraph between any two periods falling under paragraph 4 of this Schedule, and in computing the said figure of twenty-six weeks no account shall be taken of any week which counts in computing a period of employment, or does not break the continuity of a period of employment, otherwise than by virtue of this paragraph. (4B) (1) An employee whose relations with his employer are governed, or have been from time to time governed, by a contract of employment which normally involves employment for eight hours or more, but less than sixteen hours, weekly shall nevertheless, if he satisfies the condition referred to in the next following sub-paragraph, be treated for the purposes of this Schedule (apart from this paragraph) as if his contract normally involved employment for sixteen hours or more weekly, and had at all times at which there was a contract during the period of employment of five years or more referred to in the next following sub-paragraph normally involved employment for sixteen hours or more weekly. (2) The foregoing sub-paragraph shall apply if the employee, on the date by reference to which the length of any period of employment falls to be ascertained in accordance with the provisions of this Schedule, has been continuously employed, within the meaning of the next following sub-paragraph, for a period of five years or more. (3) In computing, for the purposes of the foregoing sub-paragraph, an employee's period of employment the provisions of this Schedule (apart from this paragraph) shall apply but as if, in paragraphs 3 and 4, for the words "sixteen hours" wherever they occur, there were substituted the words " eight hours ". (4C) (1) If an employee has, at any time during the relevant period of employment, been continuously employed for a period which qualifies him for any right which requires a qualifying period of continuous employment computed in accordance with this Schedule, then, he shall be regarded for the purposes of qualifying for that right as continuing to satisfy that requirement until the condition referred to in sub-paragraph (3) of this paragraph occurs. (2) In this paragraph the relevant period of employment means the period of employment ending on the date by reference to which the length of any period of employment falls to be ascertained which would be continuous (in accordance with the provisions of this Schedule) if at all relevant times the employee's relations with the employer had been governed by a contract of employment which normally involved employment for sixteen hours or more weekly. (3) The condition which defeats the operation of sub-paragraph (1) of this paragraph is that in a week subsequent to the time at which the employee qualified as referred to in that sub-paragraph— (a) his relations with his employer are governed by a contract of employment which normally involves employment for less than eight hours weekly ; and (b) he is employed in that week for less than sixteen hours. (4) If, in a case in which an employee is entitled to any right by virtue of sub-paragraph (1) of this paragraph, it is necessary for the purpose of ascertaining the amount of his entitlement to determine for what period he has been continuously employed, he shall be regarded for that purpose as having been continuously employed throughout the relevant period.

.

15

In paragraph 5(1) of Schedule 1 after paragraph (c) insert the following paragraph:—

or (d) absent from work wholly or partly because of pregnancy or confinement," and for the words " or paragraph 4 " substitute the words " , 4 or 4A.

16

In paragraph 5(2) of Schedule 1, after the words "paragraph (c)" insert the words " or, subject to paragraph 5A below, paragraph (a) ", and for the words " two periods falling under paragraphs 3 and 4 " substitute the words " periods falling under paragraph 3, 4 or4A ".

17

After paragraph 5 of Schedule 1, insert the following paragraph:—

(5A) If an employee returns to work in accordance with section 49 of the Employment Protection Act 1975 after a period of absence from work wholly or partly occasioned by pregnancy or confinement, every week during that period shall count in computing a period of employment, notwithstanding that it does not fall under paragraph 3, 4 or 4A of this Schedule.

.

18

In paragraph 6(1) of Schedule 1, for the words "paragraph 4 or paragraph 5 ", substitute the words " 4, 4A, 5, or 5A ".

19

For paragraph 10 of Schedule 1, substitute the following paragraph:—

(10) (1) If an employee of an employer is taken into the employment of another employer who, at the time when the employee enters his employment is an associated employer of the first mentioned employer, the employee's period of employment at that time shall count as a period of employment with the second mentioned employer and the change of employer shall not break the continuity of the period of employment. (2) For the purposes of this paragraph, any two employers are to be treated as associated if one is a company of which the other (directly or indirectly) has control, or if both are companies of which a third person (directly or indirectly) has control; and the expression " associated employer" shall be construed accordingly.

.

Part III

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

After paragraph 6(4) of Schedule 1, insert the following sub-paragraph:—

(4A) In sub-paragraph (4) above, " appropriate time" in relation to an employee taking part in the activities of a trade union, means time which either— (a) is outside his working hours, or (b) is a time within his working hours at which, in accordance with arrangements agreed with or consent given by his employer, it is permissible for him to take part in those activities; and in this sub-paragraph "working hours", in relation to an employee, means any time when, in accordance with his contract of employment, he is required to be at work.

.

12

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

13

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

14

• (1) In paragraph 9(1) of Schedule 1—

• (a) omit paragraph (a);

• (b) in paragraph (b), omit the words " or a close relative "; and

• (c) omit paragraphs (e) and (f).

• (2) Omit paragraph 9(4) of Schedule 1.

15

In paragraph 11(1) of Schedule 1 for the words "Paragraphs 9(1) (a) and 10 " substitute the words " Paragraph 10 ".

16

In paragraph 17(1) of Schedule 1 omit the words " or by a person acting on the employer's behalf " (which are unnecessary).

17

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

18

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

19

After paragraph 21(3) of Schedule 1 insert the following sub-paragraph:—

(3A) In relation to proceedings under paragraph 17 above— (a) where the employee has expressed a wish to be re-instated or re-engaged which has been communicated to the employer at least seven days before the hearing of the complaint; or (b) where the proceedings arise out of the employer's failure to permit the employee to return to work after an absence due to pregnancy or confinement, regulations shall include provision for requiring the employer to pay the costs or expenses of any postponement or adjournment of the hearing caused by his failure, without a special reason, to adduce reasonable evidence as to the availability of the job from which the complainant was dismissed, or, as the case may be which she held before her absence, or of comparable or suitable employment.

.

20

In paragraph 21(4) of Schedule 1 at the beginning insert the words " Subject to sub-paragraph (4A) below ", and for the word "within" in the second place in which it occurs substitute the words " before the end of ".

21

After paragraph 21(4) of Schedule 1 insert the following sub-paragraph:—

(4A) An industrial tribunal shall consider a complaint under paragraph 17 of Schedule 1 above if, where the dismissal is with notice, the complaint is presented after the notice is given notwithstanding that it is presented before the effective date of termination and in relation to such a complaint the provisions of this Act and of the Employment Protection Act 1975, so far as they relate to unfair dismissal, shall hare effect— (a) as if references to a complaint by a person that he was unfairly dismissed by his employer included references to a complaint by a person that his employer has given him notice in such circumstances that he will be unfairly dismissed when the notice expires ; (b) as if references to reinstatement included references to the withdrawal of the notice by the employer ; (c) as if references to the effective date of termination included references to the date which would be the effective date of termination on the expiry of the notice ; and (d) as if references to an employee ceasing to be employed included references to an employee having been given notice of dismissal.

.

22

In paragraph 21(5) of Schedule 1, in paragraph (c) for the words "be seriously prejudicial to the interests of" substitute the words " cause substantial injury to ".

23

After paragraph 21(5) of Schedule 1 insert the following sub-paragraph :—

(5A) The regulations may include provision authorising or requiring an industrial tribunal, in circumstances specified in the regulations, to send notice or a copy of any document so specified relating to any proceedings before the tribunal, or of any decision, order or award of the tribunal, to any Minister, government department or other person or body so specified.

.

24

In paragraph 26(3) of Schedule 1—

• (a) in paragraph (a) omit the words " his engagement ";

• (b) for paragraph (b) substitute:—

(b) where the complainant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable,

; and

• (c) for the word " they " substitute the words " the parties ".

25

After paragraph 26(4) of Schedule 1 insert the following sub-paragraph :—

(4A) In proceeding under sub-paragraphs (2) to (4) above a conciliation officer shall where appropriate have regard to the desirability of encouraging the use of other procedures available for the settlement of grievances.

.

26

In paragraph 27(1) of Schedule 1, after the words " this Schedule " insert the words " and sections 33, 34, 51 and 71 to 80 of the Employment Protection Act 1975 ".

27

In paragraph 27(2) of Schedule 1, for the words from " paragraph 19 " to the end of the sub-paragraph substitute:—

(a) section 72(2)(b) of the Employment Protection-Act 1975 shall have effect as if for the words " not practicable to comply " there were substituted the words " not practicable for the local education authority to permit compliance " ; and (b) section 76(5) of the said Act of 1975 shall have effect as if any reference to the employer were a reference to the local education authority.

.

28

In paragraph 28(2) of Schedule 1 for the word "claimant" substitute the word " complainant ".

29

After paragraph 30(1) of Schedule 1 insert the following sub-paragraph :—

(1A) Where by virtue of paragraph 5(6) above a date is to be treated as the effective date of termination for the purpose of paragraph 10(a) above which is later than the effective date of termination as defined by paragraph 5(5) above, then in determining for the purpose of paragraph 10(a) above for what period an employee has been continuously employed, the period of the interval between those two dates shall count as a period of employment notwithstanding that it does not count under the said Schedule 1.

.

30

In paragraph 30(3) of Schedule 1, for the words from "section 24 " to the end of the sub-paragraph substitute—

sections 24 and 24A of the Redundancy Payments Act 1965 (which require the continuity of a period of employment to be treated as broken for the purposes of that Act where a redundancy payment or an equivalent payment is paid to an employee and he is subsequently re-engaged) subject to the recovery of any such payment, in cases where, in consequence of action to which sub-paragraph (4) below applies, a dismissed employee is re-instated or re-engaged by his employer or by a successor or associated employer of that employer.

.

31

In paragraph 31(1)(b) of Schedule 1 (nominations by members of trade unions) for the words " £500 " substitute the words " £1,500 ".

32

In paragraph 31 of Schedule 1, for sub-paragraphs (4) and (5) substitute the following sub-paragraph:—

(4) Sub-paragraph (1)(b) above shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the Administration of Estates (Small Payments) Act 1965, substituting, for references to the amount for the time being provided for, references to such higher amount as may be specified in the order.

.

33

In paragraph 33(2) of Schedule 1, after the words " government department" insert the words " or any officer or body exercising on behalf of the Crown functions conferred by any enactment ", and in paragraph 33(3)(e) of that Schedule, after the word "department" in the second, third and fourth places where it occurs insert the words " , officer or body ".

34

After paragraph 33(4) of Schedule 1, insert the following sub-paragraph:—

(4A) For the purposes of the application of the provisions of this Act in relation to employment by any such body as is referred to in sub-paragraph (4)(a) above, any reference to redundancy shall be construed as a reference to the existence of such circumstances as, in accordance with any arrangements for the time being in force as mentioned in section 41(3) of the Redundancy Payments Act 1965, are treated as equivalent to redundancy in relation to such employment.

.

35

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

Part IV — Miscellaneous Amendments

House of Commons Offices Act 1846 (c. 77)

1

In section 5 of the House of Commons Offices Act 1846, after the words " the said first-recited Act" insert the words " , the Employment Protection Act 1975, ".

Trade Union Act 1913 (2 & 3 Geo. 5 c. 30)

2

• (1) The Trade Union Act 1913 shall be amended in accordance with the following provisions of this paragraph.

• (2) In sections 3 to 5 for the words " Registrar of Friendly Societies" and " Registrar" wherever they occur substitute the words " Certification Officer ".

• (3) After section 5 insert the following section—

(5A) An appeal shall lie, in accordance with section 88(2) of the Employment Protection Act 1975, to the Employment Appeal Tribunal on any question of law arising in any proceedings before or arising from any decision of the Certification Officer under section 3, 4 or 5 of this Act.

.

• (4) For section 7 substitute—

(7) In this Act references to the " Certification Officer " are references to the officer appointed under section 7 of the Employment Protection Act 1975.

.

Industrial Courts Act 1919 (c. 69)

3

• (1) The Industrial Courts Act 1919 shall be amended in accordance with the following provisions of this paragraph.

• (2) The following provisions and passages are hereby repealed:—

• Sections 1, 2 and 3.

• In section 4(1), the words " whether or not the dispute is reported to him under Part I of this Act ".

• In section 7, the words " of the Industrial Arbitration Board and ".

• In section 9, the words " before the Industrial Arbitration Board, before an arbitrator or ".

• Sections 11 and 12.

• (3) For section 8 substitute—

(8) In this Act the expressions " trade dispute" and " worker " have the same meaning as in the Trade Union and Labour Relations Act 1974.

.

• (4) For section 10 substitute—

(10) (1) Subject to the following provisions of this section, the provisions of this Act shall have effect in relation to Crown employment and to workers who are Crown employees as they have effect in relation to other employment and to other workers. (2) In this section " Crown employment" means, subject to subsection (3) of this section, employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by any enactment. (3) This section does not apply to service as a member of the naval, military or air forces of the Crown or of any women's service administered by the Defence Council, but does apply to employment by any association established for the purposes of the Auxiliary Forces Act 1953. (4) A Minister of the Crown may exempt from the provisions of this section employment of a specified description or the employment of a particular person by certificate stating that such exemption is required for the purpose of safeguarding national security; and any document purporting to be such a certificate shall, unless the contrary is proved, be deemed to be such a certificate.

.

Road Haulage Wages Act 1938 (c. 44)

4

• (1) The Road Haulage Wages Act 1938 shall be amended in accordance with the following provisions of this paragraph.

• (2) In sections 4 and 5 for the word "Minister" substitute the word " Service " and in section 15(1) after the definition of " Road haulage work " and " Road haulage worker " insert—

• ' Service ' means the Advisory, Conciliation and Arbitration Service.

.

• (3) In sections 4, 5 and 8 for the words " Industrial Court " and "Court" wherever they occur substitute respectively the words " Central Arbitration Committee " and " Committee ".

• (4) In section 4(6) for the words "the Industrial Courts Act, 1919 " substitute the words " section 3 of the Employment Protection Act 1975 ".

• (5) Section 5(5) is hereby repealed.

Civil Aviation Act 1949 (c. 67)

5

In section 15 of the Civil Aviation Act 1949 in subsection (2) for the word " Minister " substitute the words " Advisory, Conciliation and Arbitration Service ", and in subsections (2) and (3) for the words " Industrial Court " and " Court " wherever they occur substitute respectively the words " Central Arbitration Committee " and " Committee."

Public Records Act 1958 (c. 51)

6

In Part II of the Table at the end of paragraph 3(2) of Schedule 1 to the Public Records Act 1958 insert at the appropriate place in alphabetical order the following entry—

• Commission on Industrial Relations.

.

Road Traffic Act 1960 (c. 16)

7

In section 152 of the Road Traffic Act I960.—

• (a) for subsection (2) substitute the following subsection:—

(2) Any organisation representative of the persons engaged in the road transport industry may make representations to the Advisory, Conciliation and Arbitration Service to the effect that the wages paid to, or the conditions of employment of, any persons employed by the holder of a road service licence are not in accordance with the requirements of the foregoing subsection, and if the matter in dispute is not otherwise disposed of it shall be referred by the Service to the Central Arbitration Committee for settlement.

; and

• (b) in subsections (3) and (4) for the words " Industrial Court" and " Court", wherever they occur, substitute respectively the words " Central Arbitration Committee " and "Committee ".

Films Act 1960 (c. 57)

8

In section 42 of the Films Act 1960 for the words " Minister of Labour" substitute the words " Advisory, Conciliation and Arbitration Service " and for the words " industrial court" and " court" wherever they occur substitute respectively the words " Central Arbitration Committee " and " Committee ".

Education (Scotland) Act 1962 (c. 47)

9

• (1) The Education (Scotland) Act 1962 shall be amended in accordance with the following provisions of this paragraph.

• (2) In section 85, subsection (3) and, in subsection (5), the word " (3) " are hereby repealed.

• (3) In section 123(2), in the proviso, the words from "and ", where secondly occurring, to the end are hereby repealed.

• (4) After section 123(2), insert the following subsection—

(2A) In any scheme for any endowment, any provision which applies subsection (3) of section 85 of this Act to any certificated or registered teacher in the employment of the governing body of that endowment, or which has, in relation to such a teacher, the like effect as such a provision, shall cease to have effect.

.

Trade Union (Amalgamations, etc.) Act 1964 (c. 24)

10

• (1) The Trade Union (Amalgamations etc.) Act 1964 shall be amended in accordance with the following provisions of this paragraph.

• (2) In sections 1, 4, 6 and. 7 (and the Schedules), for the word " Registrar " wherever it occurs substitute the words " Certification Officer " , and in section 9(1) after the definition of " the amalgamating unions " and " the amalgamated union " insert—

• ' Certification Officer ' means the officer appointed under section 7 of the Employment Protection Act 1975.

.

• (3) For section 4(8) substitute the following subsection—

(8) An appeal shall lie, in accordance with section 88(2) of the Employment Protection Act 1975, at the instance of the complainant or the trade union to the Employment Appeal Tribunal on any question of law arising in any proceedings before, or arising from any decision of, the Certification Officer under this section.

.

Remuneration of Teachers Act 1965 (c. 3)

11

• (1) The Remuneration of Teachers Act 1965 shall be amended in accordance with the following provisions of this paragraph.

• (2) In section 3(3) for the words "Minister of Labour" substitute the words " Advisory, Conciliation and Arbitration Service " ; and references in any arrangements made by the Secretary of State under section 3(1) to the Minister of Labour shall be construed as references to the Service.

• (3) In section 3(3), the words from " and, where arbitrators" to the end, and section 6(d) are hereby repealed.

Remuneration of Teachers (Scotland) Act 1967 (c. 36)

12

• (1) The Remuneration of Teachers (Scotland) Act 1967 shall be amended in accordance with the following provisions of this paragraph.

• (2) In section 3(3) for the words " Minister of Labour" substitute the words " Advisory, Conciliation and Arbitration Service " ; and references in any arrangements made by the Secretary of State under section 3(1) to the Minister of Labour shall be construed as references to the Service.

• (3) In section 3(3), the words from " and, where arbiters " to the end, and section 7(c) are hereby repealed.

Equal Pay Act 1970 (c. 41)

13

• (1) The Equal Pay Act 1970 shall be amended in accordance with the following provisions of this paragraph.

• (2) In sections 3, 4, 5, 7 and 10, for the words "Industrial Arbitration Board" (being words substituted by Part I of Schedule 1 to the Sex Discrimination Act 1975), wherever they occur, substitute the words " Central Arbitration Committee ".

• (3) In sections 4, 5 and 10 for the word " Board " (being a word so substituted), wherever it occurs except in the expression " Agricultural Wages Board ", substitute the word " Committee ".

• (4) In section 3(1), for the words " Part I of the Industrial Courts Act 1919 " there shall be substituted the words " section 10 of the Employment Protection Act 1975 ".

• (5) In section 3(2), for paragraph (b) substitute the following paragraph—

(b) if an award or determination is, or has been, made under any enactment requiring an employer to observe the collective agreement, that award or determination shall have effect by reference to the agreement as so amended.

• (6) In section 4, in subsections (1) and (2), for the words " wages regulation order " wherever they occur there shall be substituted the words " order under section 11 of the Wages Council Act 1959 ".

• (7) In section 4(1) for the words from "the Secretary of State" in the second place where they occur to the end there shall be substituted the words " it shall be the duty of the wages council or statutory joint industrial council, by a further order coming into operation not later than five months after the date of the Committee's decision, either to make those amendments in the order referred to by the Committee or otherwise to replace or amend that order so as to remove the discrimination. ".

• (8) In section 4, after subsection (1) there shall be inserted the following subsection—

(1A) Where a wages council or statutory joint industrial council certifies that the effect of an order under section 11 of the Wages Councils Act 1959 is only to make such amendments of a previous order as have under this section been declared by the Central Arbitration Committee to be needed, or to make such amendments as aforesaid with minor modifications or modifications of limited application, or is only to revoke and reproduce with such amendments a previous order, then the wages council or statutory joint industrial council may instead of complying with subsections (3) and (3A) of the said section 11 give notice of the proposed order in such manner as appears to the council expedient in the circumstances, and may make the order at any time after the expiration of seven days from the giving of the notice.

.

• (9) In section 4, for subsection (2) there shall be inserted the following subsection—

(2) An order under section 11 of the Wages Councils Act 1959 shall be referred to the Central Arbitration Committee under this section if the Secretary of State is requested so to refer it either— (a) by an employers' association for the time being entitled to nominate for membership of the wages council or statutory joint industrial council in question persons representing employers (or, if provision is made for any of the persons representing employers to be elected instead of nominated, then by a member or members representing employers); or (b) by a trade union for the time being entitled to nominate for membership of the wages council or statutory joint industrial council in question persons representing workers (or, if provision is made for any of the persons representing workers to be elected instead of nominated, then by a member or members representing workers); or if in any case it appears to the Secretary of State that the order may be amendable under this section.

.

• (10) In section 4(3), after the words "12(1)" wherever they occur there shall be inserted the words " or (1A) ", and for the words "11(7)" there shall be substituted the words " 11(8) ".

• (11) Section 4(4) is hereby repealed.

Tribunals and Inquiries Act 1971 (c. 62)

14

Section 13 of the Tribunals and Inquiries Act 1971 (which, among other things, makes provision for appeals from and the statement of cases by industrial tribunals to the High Court or the Court of Session) shall, in its application to industrial tribunals, be taken as referring to those tribunals only when exercising jurisdiction other than under the Acts referred to in section 88(1) above.

Independent Broadcasting Authority Act 1973 (c. 19)

15

In section 16 of the Independent Broadcasting Authority Act 1973 for the words " Secretary of State " wherever they occur substitute the words " Advisory, Conciliation and Arbitration Service " and for the words " Industrial Arbitration Board" and " Board" wherever they occur substitute respectively the words " Central Arbitration Committee " and " Committee ".

House of Commons Disqualification Act 1975 (c. 24)

16

• (1) The House of Commons Disqualification Act 1975 shall be amended in accordance with the following provisions of this paragraph.

• (2) In Part II of Schedule 1 (bodies of which all members are disqualified under that Act), insert, at the appropriate places in alphabetical order, the following entries:—

• The Central Arbitration Committee.

• The Council of the Advisory, Conciliation and Arbitration Service.

• The Employment Appeal Tribunal.

• The Employment Service Agency.

• The Training Services Agency.

• (3) In Part III of Schedule 1 (other disqualifying offices), insert the following entry at the appropriate place in alphabetical order:—

• Certification Officer or assistant certification officer appointed under section 7 of the Employment Protection Act 1975.

Social Security Pensions Act 1975 (c. 60)

17

After section 31(8) of the Social Security Pensions Act 1975 there shall be inserted the following subsection:—

(9) A trade union shall be treated as recognised for the purpose of this section not only if it is recognised for the purpose of collective bargaining, but also if the Advisory Conciliation and Arbitration Service has made a recommendation for recognition under the Employment Protection Act 1975 and that recommendation is operative within the meaning of section 15 of that Act.

.

Sex Discrimination Act 1975 (c. 65)

18

• (1) The Sex Discrimination Act 1975 shall be amended in accordance with the following provisions of this paragraph.

• (2) In section 65(2), for the words " amount for the time being specified in paragraph 20(1)(b)" substitute the words " limit for the time being imposed by paragraph 20 ".

• (3) In the Equal Pay Act 1970 as set out in Part II of Schedule 1 to the Sex Discrimination Act 1975 there shall be made the same amendments as are made to the former Act by paragraph 13 of this Part of this Schedule.

SCHEDULE 17

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

The provisions of sections 64 and 65 above shall apply in relation to an employer who becomes insolvent (within the meaning of those sections) after the commencement of those sections, and shall in such a case apply to any debts mentioned in section 64 above and to any unpaid relevant contribution (within the meaning of section 65 above), whether falling due before or after the commencement of those sections.

9

An appeal arising out of any proceedings before or any decision of an industrial tribunal under any of the Acts referred to in section 88(1) above which immediately before the commencement of that section is pending in the High Court or the Court of Session shall be transferred by virtue of this paragraph on the commencement of that section to the Employment Appeal Tribunal.

10

An appeal arising out of any proceedings before or any decision of the Chief Registrar of Friendly Societies or any assistant registrar under any of the enactments referred to in section 88(2) or 88(3)(a) above which immediately before the commencement of that section is pending in the High Court or the Court of Session shall be transferred by virtue of this paragraph on the commencement of that section to the Employment Appeal Tribunal.

11

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

12

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

13

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

14

Where any provision of this Act increases the penalty for an offence under any other enactment, that increase shall not have effect in relation to an offence committed before the commencement of the relevant provision.

15

The repeals effected by section 111 above—

• (a) in the case of subsection (1) of that section, shall not confer or affect any right to unemployment benefit in respect of any day before the commencement of that subsection, and

• (b) in the case of subsection (2) of that section, shall not affect the manner in which any person’s requirements or resources are to be ascertained in relation to any period beginning before the commencement of that subsection.

16

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

17

The provisions of this Act which affect the computation of an employee's period of continuous employment for the purposes of this Act or any other Act shall have effect in relation to any week or event, whether falling or occurring (wholly or partly) before or after the commencement of the relevant provision, where the computation falls to be made after the commencement of that provision.

18

Any enactment or document which refers, whether specifically or by means of a general description, to an enactment which is replaced or amended by any provision of this Act, shall, except so far as the context otherwise requires, be construed as referring or as including a reference, to that provision.

19

Nothing in this Schedule shall be construed as prejudicing sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (effect of repeals).

SCHEDULE 18

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

11

22

41

89

126A

Expenses of hearings before the Certification Officer

32A

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

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

Power of Agricultural Wages Board to fix wages, holidays and other terms and conditions.

3

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

3

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

Part 1 — Section 3, As Substituted

3

• (1) Subject to and in accordance with the provisions of this section, the Board shall have power to make an order in accordance with the provisions of Schedule 3 to this Act—

• (a) fixing minimum rates of wages ;

• (b) directing holidays to be allowed ;

• (c) fixing any other terms and conditions of employment

for workers employed in agriculture.

• (2) The power of the Board to make an order under subsection (1)(a) of this section fixing minimum rates of wages is a power to make an order—

• (a) fixing minimum rates for time work ;

• (b) fixing minimum rates for piece work ;

• (c) fixing minimum rates for time work, to apply in the case of workers employed on piece work, for the purpose of securing to such workers a minimum rate of remuneration on a time work basis ; or

• (d) fixing separate minimum rates by way of pay in respect of holidays:

Provided that the minimum time rate for piece-work shall not in any case be higher than the minimum rate which, if the work were time work, would be applicable thereto by virtue of paragraph (a) of this subsection.

• (2A) It shall be the duty of the Board to make an order under this section fixing such minimum rates of wages for time work as are referred to in paragraph (a) of the last preceding subsection.

• (3) An order under paragraph (b) of subsection (1) of this section directing that a worker shall be allowed a holiday—

• (a) shall not be made unless both minimum rates of wages in respect of the period of the holiday and minimum rates of wages otherwise than in respect of the holiday have been or are being fixed under this section for that worker ;

• (b) shall provide for the duration of the holiday being related to the duration of the period for which the worker has been employed or engaged to be employed by the employer who is to allow the holiday ; and

• (c) subject as aforesaid, may make provisions as to the times at which or the periods within which, and the circumstances in which, the holiday shall be allowed.

• (3A) An order under this section fixing separate minimum rates of wages in respect of holiday may make provision—

• (a) with respect to the times at which, and the conditions subject to which, those wages shall accrue and shall become payable, and

• (b) for securing that any such wages which have accrued to a worker during his employment by any employer shall, in the event of his ceasing to be employed by that employer before he becomes entitled to be allowed a holiday by him, nevertheless become payable by the employer to the worker.

• (4) Any such minimum rates of wages as are mentioned in subsection(2) of this section may be fixed so as to vary according as the employment is for a day, week, month or other period, or according to the number of working hours, or the conditions of the employment or so as to provide for a differential rate in the case of employment defined by the Board as being overtime employment, whether that employment is remunerated on a time work or a piece work basis.

In the exercise of their powers under this subsection, the Board shall, so far as is reasonably practicable, secure a weekly half-holiday for workers.

• (5) An order under this section shall have effect as regards any terms as to remuneration from a date specified in the order, which may be a date earlier than the date of the order but not earlier than the date on which the Board agreed on those terms prior to publishing (in accordance with Schedule 3 to this Act) the original proposals to which effect is given, with or without modifications, by the order.

• (6) Any increase of wages payable by virtue of an order under this section in respect of any time before the date of the order (hereafter in this Act referred to as arrears of wages) shall be paid by the employer within a period specified in the order being—

• (a) in the case of a worker who is in the employment of the employer on that date, a period beginning with that date;

• (b) in the case of a worker who is no longer in the employment of the employer on that date a period beginning with that date or the date on which the employer receives from the worker or a person acting on his behalf a request in writing for those wages, whichever is the later.

• (7) Nothing in this section shall be construed as preventing the Board fixing a minimum rate of wages so as to secure that workers employed in agriculture receive remuneration calculated by reference to periods during the currency of their employment.

3

• (1) In section 11(1) (void agreements), at end there shall be added the following paragraph:—

(c) any term or condition of a contract of employment that is inconsistent with a term or condition of employment fixed by an order of the Board under this Act or any agreement for abstaining from enforcing a term or condition so fixed

.

• (2) In section 11(2) (saving for more favourable agreements), at end there shall be added the words “or a term or condition of a contract of employment that is not inconsistent with a term or condition so fixed”.

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

Parts I, II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

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

32

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

33

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

34

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

1

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

2

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

3

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

4

• (1) The Road Haulage Wages Act 1938 shall be amended in accordance with the following provisions of this paragraph.

• (2) In sections 4 and 5 for the word “Minister” substitute the word “Service” and in section 15(1) after the definition of “ Road haulage work” and “Road haulage worker” insert— “Service” means the Advisory, Conciliation and Arbitration Service.”.

• (3) In sections 4, 5 and 8 for the words “Industrial Court” and “Court” wherever they o*ccur substitute respectively the words “Central Arbitration Committee” and “Committee”.

• (4) In section 4(6) for the words “the Industrial Courts Act, 1919” substitute the words “section 3 of the Employment Protection Act 1975”.

• (5) Section 5(5) is hereby repealed.

5

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

Public Records Act 1958(c.51)

6

In Part 11 of the Table at the end of paragraph 3(2) of Schedule I to the Public Records Act 1958 insert at the appropriate place in alphabetical order the following entry—

Commission on Industrial Relations.

7

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

8

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

9

• (1) The Education (Scotland) Act 1962 shall be amended in accordance with the following provisions of this paragraph.

• (2) In section 85, subsection (3) and, in subsection (5), the word “(3)” are hereby repealed.

• (3) In section 123(2), in the proviso, the words from “and”, where secondly occurring, to the end are hereby repealed.

• (4) After section 123(2), insert the following subsection—

• (2A) In any scheme for any endowment, any provision which applies subsection (3) of section 85 of this Act to any certificated or registered teacher in the employment of the governing body of that endowment, or which has, in relation to such a teacher, the like effect as such a provision, shall cease to have effect.”.

10

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

11

• (1) The Remuneration of Teachers Act 1965 shall be amended in accordance with the following provisions of this paragraph.

• (2) In section 3(3) for the words “Minister of Labour” substitute the words “Advisory, Conciliation and Arbitration Service”; and references in any arrangements made by the Secretary of State under section 3(1) to the Minister of Labour shall be construed as references to the Service.

• (3) In section 3(3), the words from “and, where arbitrators” to the end, and section 6(d) are hereby repealed.

12

• (1) The Remuneration of Teachers (Scotland) Act 1967 shall be amended in accordance with the following provisions of this paragraph.

• (2) In section 3(3) for the words “Minister of Labour” substitute the words “Advisory, Conciliation and Arbitration Service”; and references in any arrangements made by the Secretary of State under section 3(1) to the Minister of Labour shall be construed as references to the Service.

• (3) In section 3(3), the words from “and, where arbiters” to the end, and section 7(c) are hereby repealed.

13

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

14

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

15

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

16

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

17

After section 31(8) of the Social Security Pensions Act 1975 there shall be inserted the following subsection:—

(9) A trade union shall be treated as recognised for the purpose of this section not only if it is recognised for the purpose of collective bargaining, but also if the Advisory Conciliation and Arbitration Service has made a recommendation for recognition under the Employment Protection Act 1975 and that recommendation is operative within the meaning of section 15 of that Act.

.

18

• (1) The Sex Discrimination Act 1975 shall be amended in accordance with the following provisions of this paragraph.

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

• (3) In the Equal Pay Act 1970 as set out in Part II of Schedule I to the Sex Discrimination Act 1975 there shall be made the same amendments as are made to the former Act by paragraph 13 of this Part of this Schedule.

Editorial notes

[^c890280]: Words in long title substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2); S.I. 1998/1658, art. 2(1), Sch.

[^c890281]: Ss. 1-10 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890282]: Ss. 1-10 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890284]: Ss. 1-10 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890285]: Ss. 1-10 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890286]: Ss. 1-10 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890299]: Ss. 1-10 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890303]: Ss. 1-10 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890312]: Ss. 1-10 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890314]: Ss. 1-10 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890315]: Ss. 1-10 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890316]: Ss. 11–16, 98, Sch. 11 repealed with saving by Employment Act 1980 (c. 42), Sch. 2 and S.I. 1980/1170, art. 4, Sch. 3

[^c890320]: Ss. 17-21 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890322]: Ss. 17-21 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890324]: Ss. 17-21 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890326]: Ss. 17-21 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890330]: Ss. 17-21 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890331]: Ss. 22–39, 41–88, 108(2)–(8), 109, 112, 119(2)(8)–(11), 120, 121(8), 122(3), 124(2)–(4), 126(3)(5), 128(2), 129(2), Schs. 2–6, Sch. 12 Pt. II paras. 8–12, Sch. 16 Pts. I,II, Pt. III paras. 8, 10, 11 ,13–16, 18–30, 34, Pt.IV para. 14, Sch. 17 paras. 7–10, 16, 17 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

[^c890332]: S. 40(1)(5)(6) repealed by Employment Act 1990 (c. 38, SIF 43:5), s. 16(2), Sch. 3

[^c890333]: S. 40(2)(4) repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(2), Sch. 11 (with saving in S.I. 1987/406, reg. 2(3)(b))

[^c890337]: Ss. 22–39, 41–88, 108(2)–(8), 109, 112, 119(2)(8)–(11), 120, 121(8), 122(3), 124(2)–(4), 126(3)(5), 128(2), 129(2), Schs. 2–6, Sch. 12 Pt. II paras. 8–12, Sch. 16 Pts. I,II, Pt. III paras. 8, 10, 11 ,13–16, 18–30, 34, Pt.IV para. 14, Sch. 17 paras. 7–10, 16, 17 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

[^c890338]: Ss. 89–96, Schs. 7, 8, Sch. 17 para. 11 repealed by Wages Councils Act 1979 (c. 12), Schs 5, 7

[^c890339]: The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c890343]: 1949 c. 30

[^c890345]: Ss. 11–16, 98, Sch. 11 repealed with saving by Employment Act 1980 (c. 42), Sch. 2 and S.I. 1980/1170, art. 4, Sch. 3

[^c890350]: Ss. 99-108 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890355]: Ss. 99-108 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890359]: Ss. 99-108 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890365]: Ss. 99-108 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890368]: Ss. 99-108 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890370]: Ss. 104, 105(4)(5) repealed by Wages Act 1986 (c. 48, SIF 43:2), s. 32(2), Sch. 5 Pt. I Ss. 99-108 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890377]: Ss. 99-108 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890383]: Ss. 99-108 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890385]: Ss. 99-108 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890346]: Pt. IV (ss. 99–107) modified by S.I. 1981/1794, reg. 11(7)(a)

[^c890389]: Ss. 99-108 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890390]: Ss. 22–39, 41–88, 108(2)–(8), 109, 112, 119(2)(8)–(11), 120, 121(8), 122(3), 124(2)–(4), 126(3)(5), 128(2), 129(2), Schs. 2–6, Sch. 12 Pt. II paras. 8–12, Sch. 16 Pts. I,II, Pt. III paras. 8, 10, 11 ,13–16, 18–30, 34, Pt.IV para. 14, Sch. 17 paras. 7–10, 16, 17 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

[^c890391]: S. 110 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

[^c890392]: The text of ss. 97(1)–(4), 111(1), 114–116, 125(3), Sch. 9 Pt. I, Pt. II paras. 2(1)–4(3), 6, Sch. 10 Pt.I, Pt.II paras. 2(1)–4(3), 6, Sch. 13 paras. 1, 2, 3(1)–(3), 4–7, Sch. 14 paras. 3, 6, Sch. 15 paras. 1–14, 15(1)(2), 16(1)–(4), 17, 18(1)(2), 19–21, Sch. 16 Pt. III paras. 1–3, 5–7, 31–33, Pt.IV paras. 2(1)–(4), 3(1)(2)(4), 4(1)–(5), 6, 7(a)(b), 9(1)–(4), 10(1)–(3), 12(1)–(3), 13(1), 17, 18(1)–(3), Sch. 18 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c890394]: S. 111(2) repealed by Supplementary Benefits Act 1976 (c. 71), s. 35(3), Sch. 8 Pt. II