Employment Protection Act 1975

• (b) an employers' association or trade union which immediately before the date on which that wages council becomes a statutory joint industrial council is for the time being nominated by the Secretary of State for the purpose of appointing persons to represent employers or workers on that wages council, shall continue, subject to sub-paragraph (2) below, to be so nominated in relation to that statutory joint industrial council.

• (2) The Secretary of State may, on the application of a statutory joint industrial council, make such changes in the number of members of the council or in the machinery for appointing them as are necessary or expedient in the circumstances.

3

A council shall elect a chairman and deputy chairman from among its members.

4

The proceedings of a council shall not be invalidated by reason of any vacancy among its members or by any defect in the appointment of a member.

5

• (1) A council may delegate any of its functions, other than the power to make orders under section 11 of the Wages Councils Act 1959, to a committee consisting of such number of members of the council as the council thinks fit.

• (2) The number of members representing employers and the number of members representing workers on a committee of a council shall be equal.

6

A council may regulate its own procedure.

7

• (1) A member of a council shall hold and vacate office in accordance with the terms of his appointment, but the period for which he is to hold office shall, without prejudice to his re-appointment, not exceed five years.

• (2) Where the term for which the members of a council were appointed comes to an end before their successors are appointed, those members shall, except so far as the appointing body otherwise directs, continue in office until the new appointments take effect.

8

The Secretary of State may pay to the members of a council such travelling and other allowances, including allowances for loss of remunerative time, as the Secretary of State may, with the consent of the Minister for the Civil Service, determine.

9

The expenses of a statutory joint industrial council, to such an extent as may be approved by the Secretary of State with the consent of the Treasury, shall be paid by the Secretary of State.

10

The Secretary of State may appoint a secretary and such other officers of a council as he thinks fit.

PART II — Transitional Provisions

11

Any of the following things done by, to or in relation to a wages council, that is to say—

• any order made under section 11 of the Wages Councils Act 1959 (power to fix terms and conditions of employment);

• any proposals published in relation to making of such an order, and any notice published and representations made with respect thereto ;

• any permit issued under section 13 of that Act (permits to infirm and incapacitated persons);

• any approval given under the proviso to section 16(1) of that Act (approval of payments by apprentices);

shall as from the date when that council becomes a statutory joint industrial council be treated as having been done by, to or in relation to the latter council.

12

The persons who immediately before the date on which a wages council becomes a statutory joint industrial council are the members of the wages council appointed by an employers' association or trade union shall, subject to paragraph 2(2) above, become and continue to be members of the statutory joint industrial council as if they had been appointed under paragraph 1 above.

13

The persons who immediately before the date on which a wages council becomes a statutory joint industrial council are the secretary and officers of the wages council shall on that date become the secretary and officers of the statutory joint industrial council.

SCHEDULE 9

Part I — Section 3, AS SUBSTITUTED

Part II — Minor and Consequential Amendments

1

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2

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

3

• (1) In section 11(1) (void agreements) at the end add 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 add the words " or a term or condition of a contract of employment that is not inconsistent with a term or condition so fixed ".

4

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5

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6

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SCHEDULE 10

PART I — Section 3, as Substituted

Part II — Minor and Consequential Amendments

1

In section 4(1) (enforcement), after paragraph (c) there shall be inserted the words “or

• (d) to pay to any such worker arrears of wages within the period specified in the order;”

and accordingly references in the provisions of that section following that paragraph and in any other provisions of the Agricultural Wages (Scotland) Act 1949 to wages or to the payment of wages at a rate not less than the minimum rate or the minimum rate applicable shall include references to arrears of wages or their payment, as the case may require.

2

• (1) In section 5 (permits to infirm and incapacitated persons), after subsection (2) there shall be inserted the following subsection:—

(2A) If on application in that behalf the Secretary of State is satisfied that a worker employed or desiring to be employed is so affected by any physical injury or mental deficiency, or any infirmity due to age or any other cause, as to make it inappropriate for any terms and conditions of employment (other than those with respect to wages and holidays) fixed by an order under this Act to apply to him, the Secretary of State shall grant him, subject to any conditions he may determine, a permit dispensing, as from the date of the application or a later date specified in the permit, with a term or condition specified in the order, and while the permit is in force and any conditions to which the permit is subject are complied with, the terms and conditions fixed by the order shall be deemed to be observed.

• (2) In section 5(3) (revocation of permit), after the words “subsection (1)”, in both places where they occur, there shall be inserted the words “or (2A)”.

• (3) In section 5(4) (variation of condition of permit),

• (a) after the words “subsection (1)” there shall be inserted the words “or (2A)”;

• (b) at the end there shall be inserted the words “and, in the case of variation caused by a change made by an order under this Act in the minimum rates of wages, that variation shall take effect from a date specified in the direction, not being earlier than the date of the change”.

• (4) In section 5(4A), after the words “subsection (1)” there shall be the words inserted “or (2A)”.

• (5) After section 5(4A) there shall be inserted the following subsection:—

(4B) Any increase of wages payable by virtue of a variation of a permit under subsection (4) of this section in respect of any time before the date of the variation 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 the date on which notice of the variation is given in accordance with subsection (5) of this section a period beginning with that date; (b) in the case of a worker who is no longer in the employment of the employer on the date referred to in the last preceding paragraph, 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

.

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. ".

4

• (1) In section 12(3)(a) (inspection of records), at the end there shall be added the words “and records of terms and conditions of employment of such workers”.

• (2) In section 12(4), the words from “and in any such civil proceedings” onwards shall be omitted and at the end of that subsection there shall be inserted the following subsections:—

(4A) Where it appears to the Secretary of State that a term or condition of employment fixed by order of the Board is not being complied with by an employer, the Secretary of State may institute, on behalf or in the name of the worker, civil proceedings in respect of the failure to comply with the term or condition. (4B) In any civil proceedings instituted by the Secretary of State by virtue of this section the court shall, if the Secretary of State is not a party to the proceedings, have the same power to make an order for the payment of expenses by the Secretary of State as if he were a party to the proceedings.

.

• (3) In section 12, for subsection (5) (saving for ordinary right to bring proceedings) substitute the following subsection:— “ Nothing in subsection (4) or (4A) of this section shall be taken to exclude the bringing otherwise than in accordance with either of those subsections proceedings of any description mentioned in those subsections ”.

5

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.

6

In paragraph 6 of Schedule 3 (power to vary and revoke orders), the words from the beginning to “holidays” shall be omitted.

SCHEDULE 11

PART I — Recognised Terms and Conditions and General Level of Terms and Conditions

1

A claim may be reported to the Service, in accordance with and subject to the following provisions of this Part of this Schedule, that as respects any worker an employer is, in respect of any matter, observing terms and conditions of employment less favourable than the recognised terms and conditions or, where, or so far as, there are no recognised terms and conditions, the general level of terms and conditions.

2

In this Part of this Schedule—

• (a) the " recognised terms and conditions" means terms and conditions of workers in comparable employment in the trade or industry, or section of a trade or industry, in which the employer in question is engaged, either generally or in the district in which he is so engaged, which have been settled by an agreement or award, to which the parties are employers' associations and independent trade unions which represent (generally or in the district in question, as the case may be) a substantial proportion of the employers and of the workers in the trade, industry or section, being workers of the description to which the agreement or award relates; and

• (b) the " general level of terms and conditions" means the general level of terms and conditions observed for comparable workers by employers—

• (i) in the trade, industry or section in which the employer in question is engaged in the district in which he is so engaged ; and

• (ii) whose circumstances are similar to those of the employer in question,

and for the purposes of sub-paragraph (a) above the reference to terms and conditions, in a case where minimum terms and conditions have been settled as mentioned in that sub-paragraph, is a reference to those minimum terms and conditions.

3

No claim shall be reported under paragraph 1 above as respects workers whose remuneration or terms and conditions, or minimum remuneration or terms and conditions, is or are fixed (otherwise than by the employer, with or without the approval of any other person) in pursuance of any enactment other than—

• (a) the Agricultural Wages Act 1948 or the Agricultural Wages (Scotland) Act 1949 ;

• (b) the Wages Councils Act 1959 ;

• (c) sections 90 to 94 above ; or

• (d) this Schedule;

or in the case of whom provision is made by or under any such enactment for the settlement of questions as to remuneration or terms and conditions or minimum remuneration or terms and conditions.

4

A claim may be reported under paragraph 1 above, where, or so far as, the claim is founded upon recognised terms and conditions, by an employers' association or an independent trade union being one of the parties mentioned in paragraph 2(a) above.

5

• (1) A claim may be reported under paragraph 1 above, where, or so far as, the claim is founded upon the general level of terms and conditions, by—

• (a) an employers' association having members engaged in the trade, industry or section, in the district to which the claim relates ; or

• (b) subject to sub-paragraph (2) below, a trade union of which any worker concerned is a member.

• (2) Where any such worker is of a description in respect of which an employer recognises one or more independent trade unions, such a claim may be reported by a trade union only if it is that recognised union or, as the case may be, one of those recognised unions.

6

A claim under paragraph 1 above shall be in writing and shall contain such particulars as the Service may require.

7

When a claim is reported to the Service under paragraph 1 above the Service shall take any steps which seem to it expedient to settle the claim or to secure the use of appropriate machinery to settle the claim and shall if the claim is not otherwise settled refer it to the Committee.

8

The Committee shall hear and determine the claim and it shall be for—

• (a) the party making the claim to show that there are recognised terms and conditions and what those terms and conditions are, or, as the case may be, what the general level of terms and conditions is ; and

• (b) the employer to satisfy the Committee that he is observing terms and conditions of employment not less favourable than the recognised terms and conditions or, as the case may be, the general level of terms and conditions.

9

In ascertaining whether, in respect of any matter which is the subject of a claim under paragraph 1 above, the employer is observing terms and conditions less favourable than the recognised terms and conditions, or as the case may be, the general level of terms and conditions regard shall be had to the whole of the terms and conditions observed by the employer as respects the worker to whom the claim relates.

10

If the Committee finds the claim wholly or partly well-founded it shall make an award that the employer shall observe the recognised terms and conditions or, as the case may be, terms and conditions conforming to the general level of terms and conditions and shall identify or specify—

• (a) the recognised terms and conditions or, as the case may be, terms and conditions conforming to the general level of terms and conditions ;

• (b) the description or descriptions of employees in respect of which they are to be observed ; and

• (c) the date from which they are to be observed, being a date not earlier than the date on which the employer was first informed of the claim giving rise to the award by the union or association which reported the claim to the Service.

11

Any terms and conditions which by an award under paragraph 10 above the employer is required to observe in respect of employees of his shall have effect as part of the contract of employment of any such employee as from the date specified in the award, except in so far as they are superseded or varied—

• (a) by a subsequent award under that paragraph ;

• (b) by a collective agreement between the employer and the trade union for the time being representing that employee ; or

• (c) by express or implied agreement between the employee and the employer so far as that agreement effects an improvement in any terms and conditions having effect by virtue of the award.

12

Where—

• (a) by virtue of any enactment, other than one contained in this Part of this Schedule, providing for minimum remuneration or terms and conditions a contract of employment is to have effect as modified by an award, order or other instrument under that enactment, and

• (b) by virtue of an award under paragraph 10 above any terms and conditions are to have effect as part of that contract,

that contract shall have effect in accordance with that award, order or other instrument or in accordance with the award under paragraph 10 above, whichever is the more favourable, in respect of any terms and conditions of that contract, to the employee.

13

If in the course of determining a claim under this Schedule after the commencement of section 3 of the Equal Pay Act 1970, it appears to the Committee that a collective agreement or pay structure within the meaning of that section contains any provision applying specifically to men only or to women only so that it would, had it been referred to the Committee by the Secretary of State under that section, have required amendment in accordance with subsection (4) of that section so as to remove that discrimination between men and women—

• (a) that provision shall not be regarded as part of the recognised terms and conditions or, as the case may be, shall not be taken into account in assessing the general level of terms and conditions; and

• (b) the Committee shall report its opinion to the Secretary of State and, in the case of a collective agreement, to the parties to that agreement or, in the case of a pay structure, to the employer concerned.

14

For the purposes of this Schedule the carrying on of the activities of public or local authorities shall be treated as the carrying on of a trade or industry.

PART II — Collectively Negotiated Terms and Conditions in Certain Industries

15

A claim may be reported to the Service under this paragraph by an independent trade union as respects any worker who is a member of that trade union and who falls within the field of operation of a wages council, a statutory joint industrial council, the Agricultural Wages Board or the Scottish Agricultural Wages Board—

• (a) that the union is a party to one or more collective agreements and that those agreements cover a significant number of establishments within the field of operation of that council or Board either generally or in the district in which the worker is employed ; and

• (b) that in those establishments the circumstances of the employer are similar to those of the employer of the worker in question; and

• (c) that the employer is paying him less than the lowest current , rate of remuneration (disregarding any rate agreed to more than 12 months before the date on which the claim was reported) payable to workers of his description under any of those agreements.

16

The provisions of paragraphs 7, 8 and 10 to 14 above shall apply to a claim under paragraph 15 above—

• (a) as if for any reference to the recognised terms and conditions there were substituted a reference to the rate of remuneration referred to in paragraph 15(c) above ;

• (b) as if references to the general level of terms and conditions were omitted; and

• (c) as if the reference in paragraph 12(a) to Part I of this Schedule were a reference to Part II of this Schedule and so much of Part I as is thereby applied.

SCHEDULE 12

Part I — General

Introductory

1

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

Institution or continuance of tribunal proceedings

2

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3

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4

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Rights and liabilities accruing after death

5

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6

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Death during protected period

7

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Part II

Introductory

8

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

Death during notice period

9

Where an employer has given notice to an employee to terminate his contract of employment and before that termination the employee or the employer dies, the unfair dismissal provisions shall apply as if the contract had been duly terminated by the employer by notice expiring on the date of the death.

10

Where the employee's contract of employment has been terminated by the employer and by virtue of paragraph 5(6) of Schedule 1 to the 1974 Act a date later than the effective date of termination as defined by sub-paragraph (5) of that paragraph is to be treated as the effective date of termination for the purposes of certain of the unfair dismissal provisions, and before that later date the employee or the employer dies, the said sub-paragraph (b) shall have effect as if the notice referred to in that sub-paragraph as required to be given by the employer would have expired on the death.

Remedies for unfair dismissal

11

Where an employee has died, then, unless an order for reinstatement or re-engagement has already been made, the unfair dismissal provisions relating to reinstatement and re-engagement shall not apply ; and accordingly if the industrial tribunal finds that the grounds of the complaint are well-founded the case shall be treated as falling within section 72(5) above as a case in which no order is made under section 71 above.

12

If an order for reinstatement or re-engagement has been made and the employee dies before the order is complied with—

• (a) if the employer has before the death refused to reinstate or re-engage the employee in accordance with the order, section 72(2) and (3) above shall apply and an award shall be made under section 72(2)(b) above unless the employer satisfies the tribunal that it was not practicable at the time of the refusal to comply with the order;

• (b) if there has been no such refusal, section 72(1) above shall apply if the employer fails to comply with any ancillary terms of the order which remain capable of fulfilment after the employee's death as it would apply to such a failure to comply fully with the terms of an order where the employee had been reinstated or re-engaged.

SCHEDULE 13

1

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

2

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

3

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4

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5

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

6

• (1) In section 9(1) for the words “of a licensing authority by them in that behalf” substitute the words “duly authorised in that behalf by the Secretary of State”.

• (2) In section 9(1)(c) for the words“licensing authority” and“their” substitute respectively the words “Secretary of State” and “his”.

• (3) In section 9(4)(a)sub-paragraph (ii) and (iii) are hereby repealed, sub-paragraphs (iv) and (v) shall be renumbered as, respectively, sub-paragraphs (ii) and (iv), and after the renumbered sub-paragraph (ii) there shall be inserted the following sub-paragraph—

(iii) by the Secretary of State, or an officer or servant appointed by, or persons exercising functions on behalf of, the Secretary of State to the person carrying on or proposing to carry on the employment agency or employment business concerned, to any person in his employment or, in the case of information relating to a person availing himself of the services of such an agency or business, to that person; or

,

. . .

7

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Schedule 14

1

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

2

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

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

3

After section 13(1) insert the following subsection:—

(1A) Any reference in this Act to redundancy shall be construed as a reference in the existence of one or other of the facts specified in section 1(2)(a) and (b) of the Redundancy Payments Act 1965

.

4

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

5

In paragraph 13 of Schedule 1 for the words " or employee " substitute the words " , officer or servant ".

6

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

Schedule 15

1

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

2

In section 2, omit subsection (5) and in subsection (7) for the words “subsections (4) and (5)” substitute the words “subsection (4)”.

3

After section 10(7) insert the following subsection:—

(8) For the purposes of any civil proceedings arising out of those functions, the Crown Proceedings Act 1947 and the Crown Suits (Scotland) Act 1857 shall apply to the Commission and the Executive as if they were governments departments within the meaning of the said Act of 1947 or, as the case may be, public departments within the meaning of the said Act of 1857

.

4

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5

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

6

In section 15, for subsection (1) substitute—

(1) Subject to the provisions of section 50, the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly shall have power to make regulations under this section for any of the general purposes of this part (and regulations so made are in this Part referred to as “health and safety regulations”).

.

7

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8

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

9

In section 28, after subsection (8) insert the following subsection—

(9) Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection

.

10

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11

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

12

In section 43, in subsection (3) omit the words “the Minister of Agriculture, Fisheries and Food” and for subsections (6) and (7) substitute—

(6) The power to make regulations under this section shall be exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly

.

13

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14

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

15

• (1) In section 49, in subsection (1) for the words “The appropriate Minister may by regulations amend”, substitute the words “Regulations made under this subsection may amend”, in subsection (2) for the words “appropriate Minister” substitute the words “authority making the regulations”, in subsection (3) omit the words “by the appropriate Minister” and for the words “if the appropriate Minister” substitute the words “if the authority making the regulations”.

• (2) For subsection (4) of that section substitute—

(4) The power to make regulations under this section shall be exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly

.

16

• (1) In section 50, for subsection (1) substitute—

(1) Where any power to make regulations under any of the relevant statutory provisions is exercisable by the Secretary of State,the Minister of Agriculture, Fisheries and Food or both of them acting jointly that power may be exercised either so as to give effect (with or without modifications) to proposals submitted by the Commission under section 11(2)(d) or independently of any such proposals; but the authority who is to exercise the power shall not exercise it independently of proposals from the Commission unless he has consulted the Commission and such other bodies as appear to him to be appropriate

.

• (2) In subsection (2) of that section for the words from “Secretary of State” to “preceding subsection” substitute “authority who is to exercise any such power as is mentioned in subsection(1) above proposes to exercise that power”.

• (3) In subsection (3), for the words “to the Secretary of State” substitute the words “under section 11(2)(d)”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

In section 52, for subsections (3) and (4) substitute—

(3) The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly

.

18

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

19

In section 80, for subsections (4) to (6) substitute—

(4) The power to make regulations under subsection (1) above shall be exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly; but the authority who is to exercise the power shall, before exercising it, consult such bodies as appear to him to be appropriate. (5) In this section “the relevant statutory provisions” has the same meaning as in Part I.

.

20

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21

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SCHEDULE 16

PART I — Redundancy Payments Act 1965

1

In section 1(1) (general right to redundancy payments) at end add " and Schedule 4 to the Employment Protection Act 1975 ".

2

For subsections (3) to (5) of section 2 (disentitlement to redundancy payment where employee unreasonably refuses offer of renewal of contract or re-engagement) substitute the following subsections:—

(3) If an employer makes an employee an offer (whether in writing or not) before the ending of his employment under the previous contract 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 either immediately on the ending of his employment under the previous contract or after an interval of not more than four weeks thereafter the provisions of subsections (5) and (6) of this section shall have effect. (4) For the purposes of the application of the last preceding subsection to a contract under which the employment ends on a Friday, Saturday or Sunday— (a) the renewal or re-engagement shall be treated as taking effect immediately on the ending of the employment under the previous contract if it takes effect on or before the next Monday after that Friday, Saturday or Sunday; and (b) the interval of four weeks shall be calculated as if the employment had ended on that Monday. (5) If an employer makes an employee such an offer as is referred to in subsection (3) of this section and either— (a) the provisions of the contract as renewed, or of the new contract, as to the capacity and place in which he would be employed, and as to the other terms and conditions of his employment, would not differ from the corresponding provisions of the previous contract; or (b) the first mentioned provisions would differ (wholly or in part) from those corresponding provisions, but the offer constitutes an offer of suitable employment in relation to the employee ; and in either case the employee unreasonably refuses that offer, he shall not be entitled to a redundancy payment by reason of his dismissal. (6) If an employee's contract of employment is renewed, or he is re-engaged under a new contract of employment, in pursuance of such an offer as is referred to in subsection (3) of this section, and the provisions of the contract as renewed, or of the new contract, as to the capacity and place in which he is employed, and as to the other terms and conditions of his employment, differ (wholly or in part) from the corresponding provisions of the previous contract but the employment is suitable in relation to the employee, and during the trial period referred to in section 3 of this Act the employee unreasonably terminates the contract, or unreasonably gives notice to terminate it and the contract is thereafter, in consequence, terminated, he shall not be entitled to a redundancy payment by reason of his dismissal from employment under the previous contract.

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3

For section 3 (dismissal by employer) substitute the following section—

(3) (1) In this Part of this Act, " dismiss" and " dismissal" shall be construed in accordance with the provisions of this section and the next following section. (2) Subject to the following provisions of this section and to the next following section, an employee shall be treated as dismissed by his employer, if, but only if— (a) the contract under which he is employed by the employer is terminated by the employer, whether it is so terminated by notice or without notice, or (b) where under that contract he is employed for a fixed term, that term expires without being renewed under the same contract, or (c) the employee terminates that contract, with or without notice, in circumstances (not falling within section 10(4) of this Act) such that he is entitled to terminate it without notice by reason of the employer's conduct. (3) If an employee's contract of employment is renewed, or he is re-engaged under a new contract of employment in pursuance of an offer (whether in writing or not) made by his employer before the ending of his employment under the previous contract, and the renewal or re-engagement takes effect either immediately on the ending of that employment or after an interval of not more than four weeks thereafter, then, subject to subsections (5) to (8) of this section, the employee shall not be regarded as having been dismissed by his employer by reason of the ending of his employment under the previous contract. (4) For the purposes of the application of the last preceding subsection to a contract under which the employment ends on a Friday, Saturday or Sunday— (a) the renewal or re-engagement shall be treated as taking effect immediately on the ending of the employment if it takes effect on or before the Monday after that Friday, Saturday or Sunday, and (b) the interval of four weeks referred to in that subsection shall be calculated as if the employment had ended on that Monday. (5) If in a case to which subsection (3) of this section applies, the provisions of the contract as renewed, or the new contract, as to the capacity and place in which the employee is employed, and as to the other terms and conditions of his employment, differ (wholly or in part) from the corresponding provisions of the previous contract, there shall be a trial period in relation to the contract as renewed, or the new contract (whether or not there has been a previous trial period under this section). (6) The trial period shall begin with the ending of the employee's employment under the previous contract and end with the expiration of the period of four weeks beginning with the date on which the employee starts work under the contract as renewed, or the new contract, or such longer period as may be agreed in accordance with the next following subsection for the purpose of retraining the employee for employment under that contract. (7) Any such agreement shall— (a) be made between the employer and the employee or his representative before the employee starts work under the contract as renewed or, as the case may be, the new contract; (b) be in writing ; (c) specify the date of the end of the trial period; and (d) specify the terms and conditions of employment which will apply in the employee's case after the end of that period. (8) If during the trial period— (a) the employee, for whatever reason, terminates the contract, or gives notice to terminate it and the contract is thereafter, in consequence, terminated ; or (b) the employer, for a reason connected with or arising out of the change to the renewed, or new, employment, terminates the contract, or gives notice to terminate it and the contract is thereafter, in consequence, terminated, then, unless the employee's contract of employment is again renewed, or he is again re-engaged under a new contract of employment, in circumstances such that subsection (3) above again applies, he shall be treated as having been dismissed on the date on which his employment under the previous contract or, if there has been more than one trial period, the original contract ended for the reason for which he was then dismissed or would have been dismissed had the offer (or original offer) of renewed, or new, employment not been made, or, as the case may be, for the reason which resulted in that offer being made. (9) Subject to the next following subsection and to the next following section, in this Part of this Act, "the relevant date", in relation to the dismissal of an employee— (a) where his contract of employment is terminated by notice, whether given by his employer or by the employee, means the date on which that notice expires ; (b) where his contract of employment is terminated without notice, means the date on which the termination takes effect; (c) where he is employed under a contract for a fixed term and that term expires as mentioned in subsection (2)(b) of this section, means the date on which that term expires ; and (d) where he is treated, by virtue of subsection (8) of this section, as having been dismissed on the termination, of his employment under a previous contract, means— (i) for the purposes of section 21 of this Act, the date which is the relevant date as defined by paragraph (a), (b) or (c) of this subsection in relation to the renewed, or new, contract, or, where there has been more than one trial period, the last such contract; and (ii) for any other purpose, the date which is the relevant date as defined by paragraph (a), (b) or (c) of this subsection in relation to the previous contract, or, where there has been more than one trial period, the original contract. (10) Where the notice required to be given by an employer to terminate a contract of employment by section 1(1) of the Contracts of Employment Act 1972 (minimum period of notice) would, if duly given when notice of termination was given by the employer, or (where no notice was given) when the contract of employment was terminated by the employer, expire on a date later than the relevant date as defined by the last preceding subsection, then for the purposes of section 8(1) of, and paragraphs 1(1) and 5(7) of Schedule 1 to, this Act, that later date shall be treated as the relevant date in relation to the dismissal.

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4

In section 5(2) omit the words " (calculated in accordance with Schedule 2 to this Act) " and after that subsection insert the following subsection—

(2A) 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 the last preceding subsection, the calculation date is the day immediately preceding the first of the four or, as the case may be, the six weeks referred to in section 6(1) of this Act.

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5

• (1) In section 8(1) for the words " one hundred and four weeks " substitute the words " two years ".

• (2) In section 8(3) for the words " 3(2)" substitute the words " 3(3) ".

• (3) After section 8(3) insert the following subsection—

(3A) Where by virtue of section 3(10) of this Act a date is to be treated as the relevant date for the purposes of subsection (1) of this section which is later than the relevant date as defined by subsection (9) of that section, then in determining for the purposes of section 1(1) of this Act whether the employee has been continuously employed for the requisite period, the period of the interval between those two dates shall count as a period of employment notwithstanding that it does not count under that Schedule.

.

• (4) In section 8(4) for the words " sections 17 and 24 " substitute the words ' sections 17, 24 and 24A ".

6

For section 12 there shall be substituted the following section—

(12) (1) A claim under paragraph 1 of Schedule 11 to the Employment Protection Act 1975 (claims as to recognised terms and conditions and general level of terms and conditions) may be reported to the Advisory, Conciliation and Arbitration Service in accordance with that Schedule, and may be referred by the Service to the Central Arbitration Committee, and the Committee may make an award under that Schedule, notwithstanding that the terms and conditions which it is claimed that the employer is not observing consist of or include terms and conditions as to payments to be made to employees in the circumstances specified in paragraph (a) or paragraph (b) of section 1(1) of this Act, or in similar circumstances, and that provision for redundancy payments is made by this Act. (2) Where a claim which is reported to the Service under the said paragraph 1 is founded upon recognised terms and conditions and relates to an agreement in respect of which an order under section 11 of this Act is for the time being in force, and the Committee makes an award in pursuance of that claim, section 11(3) of this Act shall have effect in relation to all persons in respect of whom the employer is required by that award to observe the recognised terms and conditions, whether they are persons to whom section 11(3) of this Act would apply apart from this subsection or not."

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7

• (1) In section 13(2) for the words " section 3(2)" substitute the words " subsections (3) to (10) of section 3 ".

• (2) In section 13(3) omit the words from " but the employee " to the end of the subsection and insert the words " subsections (3) to (6) of section 2 of this Act shall have effect, subject to the next following subsection, in relation to that offer as they would have had effect in relation to the like offer made by the previous owner. ".

• (3) In section 13(4) for the words "subsection (3) or subsection (4)" substitute the words " subsections (3) to (6) " and at the end of paragraph (b) insert the words " 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 ".

8

For section 17(3) to (6) (computation of period of employment as respects employment wholly or partly abroad) substitute the following subsections—

(3) Subject to the following provisions of this section, in computing, in relation to an employee, the period specified in section 8(1) of this Act, or the period specified in paragraph 1 of Schedule 1 to this Act, a week of employment before 6th April 1975 shall not count if— (a) the employee was employed outside Great Britain during the whole or part of that week, and (b) no employer's contribution in respect of him was paid in respect of the corresponding contribution week, unless an employer's contribution in respect of him was payable (though not in fact paid) in respect of the corresponding contribution week. (4) For the purposes of the application of the last preceding subsection to a week of employment where the corresponding contribution week began before the 5th July 1948, an employer's contribution shall be treated as payable as mentioned in that subsection if such a contribution would have been so payable if the statutory provisions relating to national insurance which were in force on 5th July 1948 had been in force in that contribution week. (4A) Subject to the following provisions of this section, in computing, in relation to an employee the period specified in section 8(1) of this Act or the period specified in paragraph 1 of Schedule 1 to this Act, a week of employment after the 6th April 1975 and before the day appointed for the coming into force of paragraph 8 of Part I of Schedule 16 to the Employment Protection Act 1975 shall not count if— (a) the employee was employed outside Great Britain during the whole or part of that week ; and (b) he was not during that week an employed earner for the purposes of the Social Security Act 1975. (4B) Subject to the following provisions of this section, in computing in relation to an employee, either of those periods, a week of employment after the day so appointed shall not count if— (a) the employee was employed outside Great Britain during the whole or part of that week ; and (b) he was not during that week an employed earner for the purposes of the Social Security Act 1975 in respect of whom a secondary Class 1 contribution was payable under that Act (whether or not such a contribution was in fact paid). (5) Where by virtue of subsection (3), (4A) or (4B) of this section a week of employment does not count in computing such a period as is mentioned in those subsections, the continuity of that period shall not be broken by reason only that that week of employment does not count in computing that period. (6) Any question arising under this section— (a) whether an employer's contribution was paid, or was or would have been payable, as mentioned in subsection (3) or (4) of this section ; or (b) whether a person was an employed earner for the purposes of the Social Security Act 1975 and if so whether a secondary Class 1 contribution was payable in respect of him under that Act, shall be determined by the Secretary of State; and any legislation (including regulations) as to the determination of questions which under that Act the Secretary of State is empowered to determine (including provisions as to the reference of questions for decision, or as to appeals, to the High Court or the Court of Session) shall apply to the determination of any question by the Secretary of State under this section.

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9

Renumber section 21 (claims for redundancy payments) as subsection (1) of that section, and at the end add—

or (d) a complaint relating to his dismissal has been presented by the employee under paragraph 17 of Schedule 1 to the Trade Union and Labour Relations Act 1974. (2) An employee shall not by virtue of the preceding subsection lose his right to a redundancy payment if, during the period of six months immediately following the period mentioned in that subsection, the employee— (a) makes such a claim as is referred to in paragraph (b) of that subsection, (b) refers to a tribunal such a question as is referred to in paragraph (c) of that subsection, or (c) makes such a complaint as is referred to in paragraph (d) of that subsection, and it appears to the tribunal to be just and equitable that the employee should receive a redundancy payment having regard to the reason shown by the employee for his failure to take any such step as is referred to in paragraph (a), (b) or (c) of this subsection within the period mentioned in the preceding subsection, and to all the other relevant circumstances.

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10

• (1) In section 22(1) at the end insert the following words " and in particular the provisions of section 3 of this Act shall apply accordingly. ".

• (2) For section 22(2) substitute the following subsection—

(2) Where the preceding subsection applies, and the employee's contract of employment is not renewed, and he is not re-engaged under a new contract of employment, so as to be treated, by virtue of section 3(3) of this Act, as not having been dismissed, he shall, without prejudice to section 3(8) of this Act, be taken for the purposes of this Act to be dismissed by reason of redundancy if the circumstances in which his contract is not so renewed and he is not so re-engaged are wholly or mainly attributable to one or other of the facts specified in paragraphs (a) and (b) of section 1(2) of this Act.

.

• (3) For section 22(4) substitute the following subsection—

(4) In this section any reference to section 3(3) of this Act includes a reference to the said section 3(3) as applied by section 13(2) of this Act or as so applied and, where appropriate, modified by section 13A(2) of this Act, and where section 3(3) applies with modifications in accordances with the said section 13A(2) the references in subsection (2) of this section to renewal of or re-engagement under a contract of employment shall be construed as including references to renewal of or re-engagement in employment otherwise than under a contract of employment.

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11

In section 25(2) for the words "3(4)" substitute the words " section 3(9) and (10) ".

12

• (1) In section 30(1)(c) for the words "Industrial Court" substitute the words " Central Arbitration Committee ".

• (2) After section 30(2), insert the following subsection:—

(2A) The Secretary of State may if he thinks fit pay a rebate to an employer who has paid an employee a redundancy payment in circumstances in which, owing to section 21 of this Act, the employee had no right to, and the employer had no liability for, the payment, if the Secretary of State is satisfied that it would be just and equitable to do so having regard to all the relevant circumstances.

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13

In section 31(4) (repayment from Redundancy Fund in certain cases) for the words "the appropriate allocation to the Redundancy Fund" substitute the words " the amount paid into the Redundancy Fund from the appropriate employment protection allocation ".

14

In section 32(5) (definition of insolvency), at the end of paragraph (a) insert the words " or a receiving order is made against him ".

15

In section 32(b) (definition of insolvency in Scotland)—

• (a) for the words " paragraphs (a) and (b)" substitute the words " paragraphs (a), (b) and (c) ";

• (b) in paragraph (a) as substituted omit the word " or " in the third place where it occurs ; and

• (c) after paragraph (b) as substituted insert the following paragraph—

; or (c) where the employer is a company, a winding up order has been made or a resolution for voluntary winding up is passed with respect to it or a receiver of its undertaking is duly appointed.

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16

In section 34 after subsection (3) insert the following subsection—

(3A) Where, in any case to which section 30(2A) of this Act applies, the Secretary of State refuses to pay a rebate, the employer may appeal to a tribunal; and if on any such appeal the tribunal is satisfied that it is just and equitable having regard to all the relevant circumstances that a rebate should be paid, the tribunal shall determine accordingly, and the Secretary of State shall comply with any such determination of a tribunal.

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17

In section 35(2) (limit on advances from the National Loans Fund to the Redundancy Fund) for the words "£8 million" and " £20 million " substitute respectively the words " £16 million " and " £40 million ".

18

For section 48 (associated companies) substitute the following section—

(48) (1) Any reference in Part I of this Act to re-engagement by the employer shall be construed as a reference to re-engagement by the employer or by any associated employer, and any reference in that Part of this Act to an offer made by the employer shall be construed as including a reference to an offer made by an associated employer. (2) The preceding subsection shall not affect the operation of section 13 of this Act in a case where the previous owner and the new owner (as defined by that section) are associated employers; and where that section applies, the preceding subsection shall not apply. (3) Where an employee is dismissed by his employer and— (a) neither of the conditions specified in paragraphs (a) and (b) of section 1(2) of this Act is fulfilled, but (b) one or other of those conditions would be fulfilled if the business of the employer together with the business or businesses of his associated employers were treated as one business, that condition shall for the purposes of Part I of this Act be taken to be fulfilled in relation to the dismissal of the employee. (4) For the purposes of this section 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.

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19

In paragraph 1(1) of Schedule 1 (computation of period of employment for calculating redundancy payments) in paragraph (a) omit the word " and " , and after paragraph (b) insert the following paragraph:—

and (c) the period of any such interval as is referred to in section 8(3A) of this Act counted as a period of employment notwithstanding that it does not count under that Schedule.

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20

In paragraph 1(2) of Schedule 1 for the words "or section 24 " substitute the words " , section 24 or section 24A ".

21

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.

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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.

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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.

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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

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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.

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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.

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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.

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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.

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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:—