Legalize / United Kingdom / Public General Act

Trade Union and Labour Relations (Consolidation) Act 1992

Type Public General Act

Publication 1992-07-16

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Protection of acts in contemplation or furtherance of trade dispute

Protection from certain tort liabilities

219

(1) An act done by a person in contemplation or furtherance of a trade dispute is not actionable in tort on the ground only—

(a) that it induces another person to break a contract or interferes or induces another person to interfere with its performance, or

(b) that it consists in his threatening that a contract (whether one to which he is a party or not) will be broken or its performance interfered with, or that he will induce another person to break a contract or interfere with its performance.

(2) An agreement or combination by two or more persons to do or procure the doing of an act in contemplation or furtherance of a trade dispute is not actionable in tort if the act is one which if done without any such agreement or combination would not be actionable in tort.

(3) Nothing in subsections (1) and (2) prevents an act done in the course of picketing from being actionable in tort unless it is done in the course of attendance declared lawful by section 220 (peaceful picketing).

(4) Subsections (1) and (2) have effect subject to—

(a) sections 222 to 225 (action excluded from protection),

(b) section 226 (requirement of ballot before action by trade union), and

and in those sections “not protected” means excluded from the protection afforded by this section or, where the expression is used with reference to a particular person, excluded from that protection as respects that person.

Peaceful picketing

220

(1) It is lawful for a person in contemplation or furtherance of a trade dispute to attend—

(a) at or near his own place of work, or

(b) if he is an official of a trade union, at or near the place of work of a member of the union whom he is accompanying and whom he represents,

for the purpose only of peacefully obtaining or communicating information, or peacefully persuading any person to work or abstain from working.

(2) If a person works or normally works—

(a) otherwise than at any one place, or

(b) at a place the location of which is such that attendance there for a purpose mentioned in subsection (1) is impracticable,

his place of work for the purposes of that subsection shall be any premises of his employer from which he works or from which his work is administered.

(3) In the case of a worker not in employment where—

(a) his last employment was terminated in connection with a trade dispute, or

(b) the termination of his employment was one of the circumstances giving rise to a trade dispute,

in relation to that dispute his former place of work shall be treated for the purposes of subsection (1) as being his place of work.

(4) A person who is an official of a trade union by virtue only of having been elected or appointed to be a representative of some of the members of the union shall be regarded for the purposes of subsection (1) as representing only those members; but otherwise an official of a union shall be regarded for those purposes as representing all its members.

Restrictions on grant of injunctions and interdicts

221

(1) Where—

(a) an application for an injunction or interdict is made to a court in the absence of the party against whom it is sought or any representative of his, and

(b) he claims, or in the opinion of the court would be likely to claim, that he acted in contemplation or furtherance of a trade dispute,

the court shall not grant the injunction or interdict unless satisfied that all steps which in the circumstances were reasonable have been taken with a view to securing that notice of the application and an opportunity of being heard with respect to the application have been given to him.

(2) Where—

(a) an application for an interlocutory injunction is made to a court pending the trial of an action, and

(b) the party against whom it is sought claims that he acted in contemplation or furtherance of a trade dispute,

the court shall, in exercising its discretion whether or not to grant the injunction, have regard to the likelihood of that party’s succeeding at the trial of the action in establishing any matter which would afford a defence to the action under section 219 (protection from certain tort liabilities) or section 220 (peaceful picketing).

This subsection does not extend to Scotland.

Action excluded from protection

Action to enforce trade union membership

222

(1) An act is not protected if the reason, or one of the reasons, for which it is done is the fact or belief that a particular employer—

(a) is employing, has employed or might employ a person who is not a member of a trade union, or

(b) is failing, has failed or might fail to discriminate against such a person.

(2) For the purposes of subsection (1)(b) an employer discriminates against a person if, but only if, he ensures that his conduct in relation to—

(a) persons, or persons of any description, employed by him, or who apply to be, or are, considered by him for employment, or

(b) the provision of employment for such persons,

is different, in some or all cases, according to whether or not they are members of a trade union, and is more favourable to those who are.

(3) An act is not protected if it constitutes, or is one of a number of acts which together constitute, an inducement or attempted inducement of a person—

(a) to incorporate in a contract to which that person is a party, or a proposed contract to which he intends to be a party, a term or condition which is or would be void by virtue of section 144 (union membership requirement in contract for goods or services), or

(b) to contravene section 145 (refusal to deal with person on grounds relating to union membership).

(4) References in this section to an employer employing a person are to a person acting in the capacity of the person for whom a worker works or normally works.

(5) References in this section to not being a member of a trade union are to not being a member of any trade union, of a particular trade union or of one of a number of particular trade unions.

Any such reference includes a reference to not being a member of a particular branch or section of a trade union or of one of a number of particular branches or sections of a trade union.

Action taken because of dismissal for taking unofficial action

223

An act is not protected if the reason, or one of the reasons, for doing it is the fact or belief that an employer has dismissed one or more employees in circumstances such that by virtue of section 237 (dismissal in connection with unofficial action) they have no right to complain of unfair dismissal.

Secondary action

224

(1) An act is not protected if one of the facts relied on for the purpose of establishing liability is that there has been secondary action which is not lawful picketing.

(2) There is secondary action in relation to a trade dispute when, and only when, a person—

(a) induces another to break a contract of employment or interferes or induces another to interfere with its performance, or

(b) threatens that a contract of employment under which he or another is employed will be broken or its performance interfered with, or that he will induce another to break a contract of employment or to interfere with its performance,

and the employer under the contract of employment is not the employer party to the dispute.

(3) Lawful picketing means acts done in the course of such attendance as is declared lawful by section 220 (peaceful picketing)—

(a) by a worker employed (or, in the case of a worker not in employment, last employed) by the employer party to the dispute, or

(b) by a trade union official whose attendance is lawful by virtue of subsection (1)(b) of that section.

(4) For the purposes of this section an employer shall not be treated as party to a dispute between another employer and workers of that employer; and where more than one employer is in dispute with his workers, the dispute between each employer and his workers shall be treated as a separate dispute.

In this subsection “worker” has the same meaning as in section 244 (meaning of “trade dispute”).

(5) An act in contemplation or furtherance of a trade dispute which is primary action in relation to that dispute may not be relied on as secondary action in relation to another trade dispute.

Primary action means such action as is mentioned in paragraph (a) or (b) of subsection (2) where the employer under the contract of employment is the employer party to the dispute.

(6) In this section “contract of employment” includes any contract under which one person personally does work or performs services for another, and related expressions shall be construed accordingly.

Pressure to impose union recognition requirement

225

(1) An act is not protected if it constitutes, or is one of a number of acts which together constitute, an inducement or attempted inducement of a person—

(a) to incorporate in a contract to which that person is a party, or a proposed contract to which he intends to be a party, a term or condition which is or would be void by virtue of section 186 (recognition requirement in contract for goods or services), or

(b) to contravene section 187 (refusal to deal with person on grounds of union exclusion).

(2) An act is not protected if—

(a) it interferes with the supply (whether or not under a contract) of goods or services, or can reasonably be expected to have that effect, and

(b) one of the facts relied upon for the purpose of establishing liability is that a person has—

(i) induced another to break a contract of employment or interfered or induced another to interfere with its performance, or

(ii) threatened that a contract of employment under which he or another is employed will be broken or its performance interfered with, or that he will induce another to break a contract of employment or to interfere with its performance, and

(c) the reason, or one of the reasons, for doing the act is the fact or belief that the supplier (not being the employer under the contract of employment mentioned in paragraph (b)) does not, or might not—

(i) recognise one or more trade unions for the purpose of negotiating on behalf of workers, or any class of worker, employed by him, or

(ii) negotiate or consult with, or with an official of, one or more trade unions.

Requirement of ballot before action by trade union

226

(1) An act done by a trade union to induce a person to take part, or continue to take part, in industrial action —

(a) is not protected unless the industrial action has the support of a ballot, and

(b) where section 226A falls to be complied with in relation to the person’s employer, is not protected as respects the employer unless the trade union has complied with section 226A in relation to him.

In this section “the relevant time”, in relation to an act by a trade union to induce a person to take part, or continue to take part, in industrial action, means the time at which proceedings are commenced in respect of the act.

(2) Industrial action shall be regarded as having the support of a ballot only if—

(a) the union has held a ballot in respect of the action—

(i) in relation to which the requirements of section 226B so far as applicable before and during the holding of the ballot were satisfied,

(ii) in relation to which the requirements of sections 227 to 231 were satisfied,...

(iia) in which at least 50% of those who were entitled to vote in the ballot did so, and

(iii) in which the majority voting in the ballot answered “Yes" to the question applicable in accordance with section 229(2) to industrial action of the kind to which the act of inducement relates;

(b) such of the requirements of the following sections as have fallen to be satisfied at the relevant time have been satisfied, namely—

(i) section 226B so far as applicable after the holding of the ballot, and

(ii) section 231B; . . .

(bb) section 232A does not prevent the industrial action from being regarded as having the support of the ballot; and

Any reference in this subsection to a requirement of a provision which is disapplied or modified by section 232 has effect subject to that section.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2EA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where separate workplace ballots are held by virtue of section 228(1)—

(a) industrial action shall be regarded as having the support of a ballot if the conditions specified in subsection (2) are satisfied, and

(b) the trade union shall be taken to have complied with the requirements relating to a ballot imposed by section 226A if those requirements are complied with,

in relation to the ballot for the place of work of the person induced to take part, or continue to take part, in the industrial action.

(3A) If the requirements of section 231A fall to be satisfied in relation to an employer, as respects that employer industrial action shall not be regarded as having the support of a ballot unless those requirements are satisfied in relation to that employer.

(4) For the purposes of this section an inducement, in relation to a person, includes an inducement which is or would be ineffective, whether because of his unwillingness to be influenced by it or for any other reason.

Entitlement to vote in ballot

227

(1) Entitlement to vote in the ballot must be accorded equally to all the members of the trade union who it is reasonable at the time of the ballot for the union to believe will be induced by the union to take part or, as the case may be, to continue to take part in the industrial action in question, and to no others.

(2) The requirement in subsection (1) shall be taken not to have been satisfied if any person who was a member of the trade union at the time when the ballot was held and was denied entitlement to vote in the ballot is induced by the union to take part or, as the case may be, to continue to take part in the industrial action.

Separate workplace ballots

228

(1) Subject to subsection (2), this section applies if the members entitled to vote in a ballot by virtue of section 227 do not all have the same workplace.

(2) This section does not apply if the union reasonably believes that all those members have the same workplace.

(3) Subject to section 228A, a separate ballot shall be held for each workplace; and entitlement to vote in each ballot shall be accorded equally to, and restricted to, members of the union who—

(a) are entitled to vote by virtue of section 227, and

(b) have that workplace.

(4) In this section and section 228A “workplace” in relation to a person who is employed means—

(a) if the person works at or from a single set of premises, those premises, and

(b) in any other case, the premises with which the person’s employment has the closest connection.

Voting paper

229

(1) The method of voting in a ballot must be by the marking of a voting paper by the person voting.

(1A) Each voting paper must—

(a) state the name of the independent scrutineer,

(b) clearly specify the address to which, and the date by which, it is to be returned,

(c) be given one of a series of consecutive whole numbers every one of which is used in giving a different number in that series to each voting paper printed or otherwise produced for the purposes of the ballot, and

(d) be marked with its number.

This subsection, in its application to a ballot in which merchant seamen to whom section 230(2A) applies are entitled to vote, shall have effect with the substitution, for the reference to the address to which the voting paper is to be returned, of a reference to the ship to which the seamen belong.

(2) The voting paper must contain at least one of the following questions—

(a) a question (however framed) which requires the person answering it to say, by answering “Yes" or “No", whether he is prepared to take part or, as the case may be, to continue to take part in a strike;

(b) a question (however framed) which requires the person answering it to say, by answering “Yes" or “No", whether he is prepared to take part or, as the case may be, to continue to take part in industrial action short of a strike.

(2A) For the purposes of subsection (2) an overtime ban and a call-out ban constitute industrial action short of a strike.

(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The voting paper must specify who, in the event of a vote in favour of industrial action, is authorised for the purposes of section 233 to call upon members to take part or continue to take part in the industrial action.

The person or description of persons so specified need not be authorised under the rules of the union but must be within section 20(2) (persons for whose acts the union is taken to be responsible).

(4) The following statement must (without being qualified or commented upon by anything else on the voting paper) appear on every voting paper—

“If you take part in a strike or other industrial action, you may be in breach of your contract of employment."

Conduct of ballot

230

(1) Every person who is entitled to vote in the ballot must—

(a) be allowed to vote without interference from, or constraint imposed by, the union or any of its members, officials or employees, and

(b) so far as is reasonably practicable, be enabled to do so without incurring any direct cost to himself.

(2) Except as regards persons falling within subsection (2A), so far as is reasonably practicable, every person who is entitled to vote in the ballot must—

(a) have a voting paper sent to him by post at his home address or any other address which he has requested the trade union in writing to treat as his postal address; and

(b) be given a convenient opportunity to vote by post.

(2A) Subsection (2B) applies to a merchant seaman if the trade union reasonably believes that—

(a) he will be employed in a ship either at sea or at a place outside Great Britain at some time in the period during which votes may be cast, and

(b) it will be convenient for him to receive a voting paper and to vote while on the ship or while at a place where the ship is rather than in accordance with subsection (2).

(2B) Where this subsection applies to a merchant seaman he shall, if it is reasonably practicable—

(a) have a voting paper made available to him while on the ship or while at a place where the ship is, and

(b) be given an opportunity to vote while on the ship or while at a place where the ship is.

(2C) In subsections (2A) and (2B) “merchant seaman” means a person whose employment, or the greater part of it, is carried out on board sea-going ships.

(4) A ballot shall be conducted so as to secure that—

(a) so far as is reasonably practicable, those voting do so in secret, and

(b) the votes given in the ballot are fairly and accurately counted.

For the purposes of paragraph (b) an inaccuracy in counting shall be disregarded if it is accidental and on a scale which could not affect the result of the ballot.

Information as to result of ballot

231

As soon as is reasonably practicable after the holding of the ballot, the trade union shall take such steps as are reasonably necessary to ensure that all persons entitled to vote in the ballot are told—

(a) the number of individuals who were entitled to vote in the ballot,

(b) the number of votes cast in the ballot,

(d) the number of individuals answering “No” to the question, or as the case may be, to each question,

(e) the number of spoiled or otherwise invalid voting papers returned, and

(f) whether or not the number of votes cast in the ballot is at least 50% of the number of individuals who were entitled to vote in the ballot, ...

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Balloting of overseas members

232

(1) A trade union which has overseas members may choose whether or not to accord any of those members entitlement to vote in a ballot; and nothing in section 226B to 230 and 231B applies in relation to an overseas member or a vote cast by such a member.

(2) Where overseas members have voted in the ballot—

(a) the references in sections 231 and 231A to persons entitled to vote in the ballot do not include overseas members, and

(b) those sections shall be read as requiring the information mentioned in section 231 to distinguish between overseas members and other members.

(3) An “overseas member” of a trade union means a member (other than a merchant seaman or offshore worker) who is outside Great Britain throughout the period during which votes may be cast.

For this purpose—

“merchant seaman” means a person whose employment, or the greater part of it, is carried out on board sea-going ships; and

“offshore worker” means a person in offshore employment, other than one who is in such employment in an area where the law of Northern Ireland applies.

(4) A member who throughout the period during which votes may be cast is in Northern Ireland shall not be treated as an overseas member—

(a) where the ballot is one to which section 228(1) or (2) applies (workplace ballots) and his place of work is in Great Britain, or

(b) where the ballot is one to which section 228(3) applies (general ballots) and relates to industrial action involving members both in Great Britain and in Northern Ireland.

(5) In relation to offshore employment the references in subsection (4) to Northern Ireland include any area where the law of Northern Ireland applies and the references to Great Britain include any area where the law of England and Wales or Scotland applies.

Calling of industrial action with support of ballot

233

(1) Industrial action shall be regarded as having the support of a ballot only if—

(a) it is called by a person specified or of a description specified in the voting paper for the ballot in accordance with section 229(3), and

(b) there was no call by the trade union to take part or continue to take part in industrial action to which the ballot relates, or any authorisation or endorsement by the union of any such industrial action, before the date of the ballot.

(4) For the purposes of this section a call shall be taken to have been made by a trade union if it was authorised or endorsed by the union; and the provisions of section 20(2) to (4) apply for the purpose of determining whether a call, or industrial action, is to be taken to have been so authorised or endorsed.

Period after which ballot ceases to be effective

234

(1) Industrial action that is regarded as having the support of a ballot shall cease to be so regarded at the end of the period of 12 months beginning with the date of the ballot.

(1A) Subsection (1) has effect—

(a) without prejudice to the possibility of the industrial action getting the support of a fresh ballot; and

(b) subject to the following provisions.

(2) Where for the whole or part of that period the calling or organising of industrial action is prohibited—

(a) by virtue of a court order which subsequently lapses or is discharged, recalled or set aside, or

(b) by virtue of an undertaking given to a court by any person from which he is subsequently released or by which he ceases to be bound,

the trade union may apply to the court for an order that the period during which the prohibition had effect shall not count towards the period referred to in subsection (1).

(3) The application must be made forthwith upon the prohibition ceasing to have effect—

(a) to the court by virtue of whose decision it ceases to have effect, or

(b) where an order lapses or an undertaking ceases to bind without any such decision, to the court by which the order was made or to which the undertaking was given;

...

(4) The court shall not make an order if it appears to the court—

(a) that the result of the ballot no longer represents the views of the union members concerned, or

(b) that an event is likely to occur as a result of which those members would vote against industrial action if another ballot were to be held.

(5) No appeal lies from the decision of the court to make or refuse an order under this section.

(6) The period between the making of an application under this section and its determination does not count towards the period referred to in subsection (1).

...

Construction of references to contract of employment

235

In sections 226 to 234A references to a contract of employment include any contract under which one person personally does work or performs services for another; and “employer" and other related expressions shall be construed accordingly.

No compulsion to work

236

No court shall, whether by way of—

(a) an order for specific performance or specific implement of a contract of employment, or

(b) an injunction or interdict restraining a breach or threatened breach of such a contract,

compel an employee to do any work or attend at any place for the doing of any work.

Loss of unfair dismissal protection

Dismissal of those taking part in unofficial industrial action

237

(1) An employee has no right to complain of unfair dismissal if at the time of dismissal he was taking part in an unofficial strike or other unofficial industrial action.

(1A) Subsection (1) does not apply to the dismissal of the employee if it is shown that the reason (or, if more than one, the principal reason) for the dismissal or, in a redundancy case, for selecting the employee for dismissal was one of those specified in or under—.

(a) section 98B, 99, 100, 101A(d), 103 , 103A, 104C , 104D or 104E of the Employment Rights Act 1996 (dismissal in jury service, family, health and safety, working time, employee representative, protected disclosure, flexible working , pension scheme membership, and study and training cases),

(b) section 104 of that Act in its application in relation to time off under section 57A of that Act (dependants);; and a reference to a specified reason for dismissal includes a reference to specified circumstances of dismissal

(2) A strike or other industrial action is unofficial in relation to an employee unless—

(a) he is a member of a trade union and the action is authorised or endorsed by that union, or

(b) he is not a member of a trade union but there are among those taking part in the industrial action members of a trade union by which the action has been authorised or endorsed.

(3) The provisions of section 20(2) apply for the purpose of determining whether industrial action is to be taken to have been authorised or endorsed by a trade union.

(4) The question whether industrial action is to be so taken in any case shall be determined by reference to the facts as at the time of dismissal.

(5) In this section the “time of dismissal” means—

(a) where the employee’s contract of employment is terminated by notice, when the notice is given,

(b) where the employee’s contract of employment is terminated without notice, when the termination takes effect, and

(c) where the employee is employed under a contract for a fixed term which expires without being renewed under the same contract, when that term expires;

and a “working day” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971.

(6) For the purposes of this section membership of a trade union for purposes unconnected with the employment in question shall be disregarded; but an employee who was a member of a trade union when he began to take part in industrial action shall continue to be treated as a member for the purpose of determining whether that action is unofficial in relation to him or another notwithstanding that he may in fact have ceased to be a member.

Dismissals in connection with other industrial action

238

(1) This section applies in relation to an employee who has a right to complain of unfair dismissal (the “complainant”) and who claims to have been unfairly dismissed, where at the date of the dismissal—

(a) the employer was conducting or instituting a lock-out, or

(b) the complainant was taking part in a strike or other industrial action.

(2) In such a case an employment tribunal shall not determine whether the dismissal was fair or unfair unless it is shown—

(a) that one or more relevant employees of the same employer have not been dismissed, or

(b) that a relevant employee has before the expiry of the period of three months beginning with the date of his dismissal been offered re-engagement and that the complainant has not been offered re-engagement.

(2A) Subsection (2) does not apply to the dismissal of the employee if it is shown that the reason (or, if more than one, the principal reason) for the dismissal or, in a redundancy case, for selecting the employee for dismissal was one of those specified in or under—.

(a) section 98B, 99, 100, 101A(d) , 103, 104C , 104D or 104E of the Employment Rights Act 1996 (dismissal in jury service, family, health and safety, working time , employee representative, flexible working , pension scheme membership, and study and training cases),

(b) section 104 of that Act in its application in relation to time off under section 57A of that Act (dependants);; and a reference to a specified reason for dismissal includes a reference to specified circumstances of dismissal

(2B) Subsection (2) does not apply in relation to an employee who is regarded as unfairly dismissed by virtue of section 238A below.

(3) For this purpose “relevant employees” means—

(a) in relation to a lock-out, employees who were directly interested in the dispute in contemplation or furtherance of which the lock-out occurred, and

(b) in relation to a strike or other industrial action, those employees at the establishment of the employer at or from which the complainant works who at the date of his dismissal were taking part in the action.

Nothing in section 237 (dismissal of those taking part in unofficial industrial action) affects the question who are relevant employees for the purposes of this section.

(4) An offer of re-engagement means an offer (made either by the original employer or by a successor of that employer or an associated employer) to re-engage an employee, either in the job which he held immediately before the date of dismissal or in a different job which would be reasonably suitable in his case.

(5) In this section “date of dismissal” means—

(a) where the employee’s contract of employment was terminated by notice, the date on which the employer’s notice was given, and

(b) in any other case, the effective date of termination.

Supplementary provisions relating to unfair dismissal

239

(1) Sections 237 to 238A(loss of unfair dismissal protection in connection with industrial action) shall be construed as one with Part X of the Employment Rights Act 1996 (unfair dismissal) ; but sections 108 and 109 of that Act (qualifying period and age limit) shall not apply in relation to section 238A of this Act..

(2) In relation to a complaint to which section 238 or 238A applies, section 111(2) of that Act (time limit for complaint) does not apply, but an employment tribunal shall not consider the complaint unless it is presented to the tribunal—

(a) before the end of the period of six months beginning with the date of the complainant’s dismissal (as defined by section 238(5)), or

(b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as the tribunal considers reasonable.

(3) Where it is shown that the condition referred to in section 238(2)(b) is fulfilled (discriminatory re-engagement), the references in—

(a) sections 98 to 106 of the Employment Rights Act 1996, and

(b) sections 152 and 153 of this Act,

to the reason or principal reason for which the complainant was dismissed shall be read as references to the reason or principal reason he has not been offered re-engagement.

(4) In relation to a complaint under section 111 of the 1996 Act (unfair dismissal: complaint to employment tribunal) that a dismissal was unfair by virtue of section 238A of this Act—

(a) no order shall be made under section 113 of the 1996 Act (reinstatement or re-engagement) until after the conclusion of protected industrial action by any employee in relation to the relevant dispute,

(b) regulations under section 7 of the Employment Tribunals Act 1996 may make provision about the adjournment and renewal of applications (including provision requiring adjournment in specified circumstances), and

(c) regulations under section 9 of that Act may require a pre-hearing review to be carried out in specified circumstances.

Criminal offences

Breach of contract involving injury to persons or property

240

(1) A person commits an offence who wilfully and maliciously breaks a contract of service or hiring, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be—

(a) to endanger human life or cause serious bodily injury, or

(b) to expose valuable property, whether real or personal, to destruction or serious injury.

(2) Subsection (1) applies equally whether the offence is committed from malice conceived against the person endangered or injured or, as the case may be, the owner of the property destroyed or injured, or otherwise.

(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 2 on the standard scale or both.

(4) This section does not apply to seamen.

Intimidation or annoyance by violence or otherwise

241

(1) A person commits an offence who, with a view to compelling another person to abstain from doing or to do any act which that person has a legal right to do or abstain from doing, wrongfully and without legal authority—

(a) uses violence to or intimidates that person or his spouse or civil partner or children, or injures his property,

(b) persistently follows that person about from place to place,

(c) hides any tools, clothes or other property owned or used by that person, or deprives him of or hinders him in the use thereof,

(d) watches or besets the house or other place where that person resides, works, carries on business or happens to be, or the approach to any such house or place, or

(e) follows that person with two or more other persons in a disorderly manner in or through any street or road.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale, or both.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction of offence of conspiracy: England and Wales

242

(1) Where in pursuance of any such agreement as is mentioned in section 1(1) of the Criminal Law Act 1977 (which provides for the offence of conspiracy) the acts in question in relation to an offence are to be done in contemplation or furtherance of a trade dispute, the offence shall be disregarded for the purposes of that subsection if it is a summary offence which is not punishable with imprisonment.

(2) This section extends to England and Wales only.

Restriction of offence of conspiracy: Scotland

243

(1) An agreement or combination by two or more persons to do or procure to be done an act in contemplation or furtherance of a trade dispute is not indictable as a conspiracy if that act committed by one person would not be punishable as a crime.

(2) A crime for this purpose means an offence punishable on indictment, or an offence punishable on summary conviction, and for the commission of which the offender is liable under the statute making the offence punishable to be imprisoned either absolutely or at the discretion of the court as an alternative for some other punishment.

(3) Where a person is convicted of any such agreement or combination as is mentioned above to do or procure to be done an act which is punishable only on summary conviction, and is sentenced to imprisonment, the imprisonment shall not exceed three months or such longer time as may be prescribed by the statute for the punishment of the act when committed by one person.

(4) Nothing in this section—

(a) exempts from punishment a person guilty of a conspiracy for which a punishment is awarded by an Act of Parliament, or

(b) affects the law relating to riot, unlawful assembly, breach of the peace, or sedition or any offence against the State or the Sovereign.

(5) This section extends to Scotland only.

Supplementary

Meaning of “trade dispute” in Part V

244

(1) In this Part a “trade dispute” means a dispute between workers and their employer which relates wholly or mainly to one or more of the following—

(a) terms and conditions of employment, or the physical conditions in which any workers are required to work;

(b) engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers;

(d) matters of discipline;

(e) a worker’s membership or non-membership of a trade union;

(f) facilities for officials of trade unions; and

(g) machinery for negotiation or consultation, and other procedures, relating to any of the above matters, including the recognition by employers or employers’ associations of the right of a trade union to represent workers in such negotiation or consultation or in the carrying out of such procedures.

(2) A dispute between a Minister of the Crown and any workers shall, notwithstanding that he is not the employer of those workers, be treated as a dispute between those workers and their employer if the dispute relates to matters which—

(a) have been referred for consideration by a joint body on which, by virtue of provision made by or under any enactment, he is represented, or

(b) cannot be settled without him exercising a power conferred on him by or under an enactment.

(3) There is a trade dispute even though it relates to matters occurring outside the United Kingdom, so long as the person or persons whose actions in the United Kingdom are said to be in contemplation or furtherance of a trade dispute relating to matters occurring outside the United Kingdom are likely to be affected in respect of one or more of the matters specified in subsection (1) by the outcome of the dispute.

(4) An act, threat or demand done or made by one person or organisation against another which, if resisted, would have led to a trade dispute with that other, shall be treated as being done or made in contemplation of a trade dispute with that other, notwithstanding that because that other submits to the act or threat or accedes to the demand no dispute arises.

(5) In this section—

“employment” includes any relationship whereby one person personally does work or performs services for another; and

“worker”, in relation to a dispute with an employer, means—a worker employed by that employer; ora person who has ceased to be so employed if his employment was terminated in connection with the dispute or if the termination of his employment was one of the circumstances giving rise to the dispute.

Crown employees and contracts

245

Where a person holds any office or employment under the Crown on terms which do not constitute a contract of employment between that person and the Crown, those terms shall nevertheless be deemed to constitute such a contract for the purposes of—

(a) the law relating to liability in tort of a person who commits an act which—

(i) induces another person to break a contract, interferes with the performance of a contract or induces another person to interfere with its performance, or

(ii) consists in a threat that a contract will be broken or its performance interfered with, or that any person will be induced to break a contract or interfere with its performance, and

(b) the provisions of this or any other Act which refer (whether in relation to contracts generally or only in relation to contracts of employment) to such an act.

Minor definitions

246

In this Part—

“date of the ballot” means, in the case of a ballot in which votes may be cast on more than one day, the last of those days;

“strike” means (except for the purposes of section 229(2) (see section 229(2A)) any concerted stoppage of work;

“working hours”, in relation to a person, means any time when under his contract of employment, or other contract personally to do work or perform services, he is required to be at work.

Part VI — Administrative provisions

ACAS

247

(1) There shall continue to be a body called the Advisory, Conciliation and Arbitration Service (referred to in this Act as ACAS).

(2) ACAS is a body corporate of which the corporators are the members of its Council.

(3) Its functions, and those of its officers and servants, shall be performed on behalf of the Crown, but not so as to make it subject to directions of any kind from any Minister of the Crown as to the manner in which it is to exercise its functions under any enactment.

(4) For the purposes of civil proceedings arising out of those functions the Crown Proceedings Act 1947 applies to ACAS as if it were a government department and the Crown Suits (Scotland) Act 1857 applies to it as if it were a public department.

(5) Nothing in section 9 of the Statistics of Trade Act 1947 (restriction on disclosure of information obtained under that Act) shall prevent or penalise the disclosure to ACAS, for the purposes of the exercise of any of its functions, of information obtained under that Act by a government department.

(6) ACAS shall maintain offices in such of the major centres of employment in Great Britain as it thinks fit for the purposes of discharging its functions under any enactment.

The Council of ACAS

248

(1) ACAS shall be directed by a Council which, subject to the following provisions, shall consist of a chairman and nine ordinary members appointed by the Secretary of State.

(2) Before appointing those ordinary members of the Council, the Secretary of State shall—

(a) as to three of them, consult such organisations representing employers as he considers appropriate, and

(b) as to three of them, consult such organisations representing workers as he considers appropriate.

(3) The Secretary of State may, if he thinks fit, appoint a further two ordinary members of the Council (who shall be appointed so as to take office at the same time); and before making those appointments he shall—

(a) as to one of them, consult such organisations representing employers as he considers appropriate, and

(b) as to one of them, consult such organisations representing workers as he considers appropriate.

(4) The Secretary of State may appoint up to three deputy chairman who may be appointed from the ordinary members, or in addition to those members.

(5) The Council shall determine its own procedure, including the quorum necessary for its meetings.

(6) If the Secretary of State has not appointed a deputy chairman, the Council may choose a member to act as chairman in the absence or incapacity of the chairman.

(7) The validity of proceedings of the Council is not affected by any vacancy among the members of the Council or by any defect in the appointment of any of them.

Terms of appointment of members of Council

249

(1) The members of the Council shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions.

(2) . . .

Appointment as chairman, or as deputy chairman, or as an ordinary member of the Council, may be a full-time or part-time appointment; and the Secretary of State may, with the consent of the member concerned, vary the terms of his appointment as to whether his appointment is full-time or part-time.

(3) A person shall not be appointed to the Council for a term exceeding five years, but previous membership does not affect eligibility for re-appointment.

(4) A member may at any time resign his membership, and the chairman or a deputy chairman may at any time resign his office as such, by notice in writing to the Secretary of State.

A deputy chairman appointed in addition to the ordinary members of the Council shall on resigning his office as deputy chairman cease to be a member of the Council.

(5) If the Secretary of State is satisfied that a member—

(a) has been absent from meetings of the Council for a period longer than six consecutive months without the permission of the Council, or

(b) has become bankrupt or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has made an arrangement with his creditors (or, in Scotland, has had his estate sequestrated or has made a trust deed for his creditors or has made and had accepted a composition contract), or

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

the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as he thinks fit, whereupon the office shall become vacant.

If the chairman or a deputy chairman ceases to be a member of the Council, he shall also cease to be chairman or, as the case may be, a deputy chairman.

Remuneration, &c. of members of Council

250

(1) ACAS shall pay to the members of its Council such remuneration and travelling and other allowances as may be determined by the Secretary of State.

(2) The Secretary of State may pay, or make provision for payment, to or in respect of a member of the Council such pension, allowance or gratuity on death or retirement as he may determine.

(3) Where a person ceases to be the holder of the Council otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, he may make him a payment of such amount he may determine.

(4) The approval of the Treasury is required for any determination by the Secretary of State under this section.

Secretary, officers and staff of ACAS

251

(1) ACAS may, with the approval of the Secretary of State, appoint a secretary.

The consent of the Secretary of State is required as to his terms and conditions of service.

(2) ACAS may appoint such other officers and staff as it may determine.

The consent of the Secretary of State is required as to their numbers, manner of appointment and terms and conditions of service.

(3) The Secretary of State shall not give his consent under subsection (1) or (2) without the approval of the Treasury.

(4) ACAS shall pay to the Treasury, at such times in each accounting year as may be determined by the Treasury, sums of such amounts as may be so determined as being equivalent to the increase in that year of such liabilities of his as are attributable to the provision of pensions, allowances or gratuities to or in respect of persons who are or have been in the service of ACAS in so far as that increase results from the service of those persons during that accounting year and to the expense to be incurred in administering those pensions, allowances or gratuities.

(5) The fixing of the common seal of ACAS shall be authenticated by the signature of the secretary of ACAS or some other person authorised by ACAS to act for that purpose.

A document purporting to be duly executed under the seal of ACAS shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

General financial provisions

252

(1) The Secretary of State shall pay to ACAS such sums as are approved by the Treasury and as he considers appropriate for the purpose of enabling ACAS to perform its functions.

(2) ACAS may pay to—

(a) persons appointed under section 210(2) (conciliation) who are not officers or servants of ACAS, and

(b) arbitrators or arbiters appointed by ACAS under any enactment,

such fees and travelling and other allowances as may be determined by the Secretary of State with the approval of the Treasury.

Annual report and accounts

253

(1) ACAS shall as soon as practicable after the end of each financial year make a report to the Secretary of State on its activities during that year.

The Secretary of State shall lay a copy of the report before each House of Parliament and arrange for it to be published.

(2) ACAS shall keep proper accounts and proper records in relation to the accounts and shall prepare in respect of each financial year a statement of accounts, in such form as the Secretary of State may, with the approval of the Treasury, direct.

(3) ACAS shall not later than 30th November following the end of the financial year to which the statement relates, send copies of the statement to the Secretary of State and to the Comptroller and Auditor General.

(4) The Comptroller and Auditor General shall examine, certify and report on each such statement and shall lay a copy of the statement and of his report before each House of Parliament.

The Certification Officer

254

(1) There shall continue to be an officer called the Certification Officer.

(2) The Certification Officer shall be appointed by the Secretary of State after consultation with ACAS (but is not subject to directions of any kind from any Minister of the Crown as to the manner in which he is to exercise his functions).

(3) The Certification Officer may appoint one or more assistant certification officers and shall appoint an assistant certification officer for Scotland.

(4) The Certification Officer may delegate to an assistant certification officer such functions as he thinks appropriate, and in particular may delegate to the assistant certification officer for Scotland such functions as he thinks appropriate in relation to organisations whose principal office is in Scotland.

References to the Certification Officer in enactments relating to his functions shall be construed accordingly.

(5) ACAS shall provide for the Certification Officer the requisite staff (from among the officers and servants of ACAS) and the requisite accommodation, equipment and other facilities.

(5A) ... ACAS shall pay to the Certification Officer such sums as he may require for the performance of any of his functions.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration, &c. of Certification Officer and assistants

255

(1) ACAS shall pay to the Certification Officer and any assistant certification officer such remuneration and travelling and other allowances as may be determined by the Secretary of State.

(2) The Secretary of State may pay, or make provision for payment, to or in respect of the Certification Officer and any assistant certification officer such pension, allowance or gratuity on death or retirement as he may determine.

(3) Where a person ceases to be the Certification Officer or an assistant certification officer otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, he may make him a payment of such amount he may determine.

(4) The approval of the Treasury is required for any determination by the Secretary of State under this section.

Procedure before the Certification Officer

256

(1) Except in relation to matters as to which express provision is made by or under an enactment, the Certification Officer may regulate the procedure to be followed—

(a) on any application or complaint made to him, ...

(b) where his approval is sought with respect to any matter, or

(2) He shall in particular make provision about the disclosure, and restriction of the disclosure, of the identity of an individual who has made or is proposing to make any such application or complaint.

(2A) Provision under subsection (2) shall be such that if the application or complaint relates to a trade union—

(a) the individual’s identity is disclosed to the union unless the Certification Officer thinks the circumstances are such that it should not be so disclosed;

(b) the individual’s identity is disclosed to such other persons (if any) as the Certification Officer thinks fit.

(3) The Secretary of State may, with the consent of the Treasury, make a scheme providing for the payment by the Certification Officer to persons of such sums as may be specified in or determined under the scheme in respect of expenses incurred by them for the purposes of, or in connection with, their attendance at hearings held by him in the course of carrying out his functions.

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

Custody of documents submitted under earlier legislation

257

(1) The Certification Officer shall continue to have custody of the annual returns, accounts, copies of rules and other documents submitted for the purposes of—

(a) the Trade Union Acts 1871 to 1964,

(b) the Industrial Relations Act 1971, or

of which he took custody under section 9 of the Employment Protection Act 1975.

(2) He shall keep available for public inspection (either free of charge or on payment of a reasonable charge) at all reasonable hours such of those documents as were available for public inspection in pursuance of any of those Acts.

Annual report and accounts

258

(1) The Certification Officer shall, as soon as practicable after the end of each financial year, make a report of his activities during that year to ACAS and to the Secretary of State.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Secretary of State shall lay a copy of the report before each House of Parliament and arrange for it to be published.

(2) The accounts prepared by ACAS in respect of any financial year shall show separately any sums disbursed to or on behalf of the Certification Officer in consequence of the provisions of this Part.

Central Arbitration Committee

The Central Arbitration Committee

259

(1) There shall continue to be a body called the Central Arbitration Committee.

(2) The functions of the Committee shall be performed on behalf of the Crown, but not so as to make it subject to directions of any kind from any Minister of the Crown as to the manner in which it is to exercise its functions.

(3) ACAS shall provide for the Committee the requisite staff (from among the officers and servants of ACAS) and the requisite accommodation, equipment and other facilities.

The members of the Committee

260

(1) The Central Arbitration Committee shall consist of members appointed by the Secretary of State.

(2) The Secretary of State shall appoint a member as chairman, and may appoint a member as deputy chairman or members as deputy chairmen.

(3) The Secretary of State may appoint as members only persons experienced in industrial relations, and they shall include some persons whose experience is as representatives of employers and some whose experience is as representatives of workers.

(3A) Before making an appointment under subsection (1) or (2) the Secretary of State shall consult ACAS and may consult other persons.

(4) At any time when the chairman of the Committee is absent or otherwise incapable of acting, or there is a vacancy in the office of chairman, and the Committee has a deputy chairman or deputy chairmen—

(a) the deputy chairman, if there is only one, or

(b) if there is more than one, such of the deputy chairmen as they may agree or in default of agreement as the Secretary of State may direct,

may perform any of the functions of chairman of the Committee.

(5) At any time when every person who is chairman or deputy chairman is absent or otherwise incapable of acting, or there is no such person, such member of the Committee as the Secretary of State may direct may perform any of the functions of the chairman of the Committee.

(6) The validity of any proceedings of the Committee shall not be affected by any vacancy among the members of the Committee or by any defect in the appointment of a member of the Committee.

Terms of appointment of members of Committee

261

(1) The members of the Central Arbitration Committee shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions.

(2) A person shall not be appointed to the Committee for a term exceeding five years, but previous membership does not affect eligibility for re-appointment.

(3) The Secretary of State may, with the consent of the member concerned, vary the terms of his appointment as to whether he is a full-time or part-time member.

(4) A member may at any time resign his membership, and the chairman or a deputy chairman may at any time resign his office as such, by notice in writing to the Secretary of State.

(5) If the Secretary of State is satisfied that a member—

(a) has become bankrupt or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has made an arrangement with his creditors (or, in Scotland, has had his estate sequestrated or has made a trust deed for his creditors or has made and had accepted a composition contract), or

(b) is incapacitated by physical or mental illness, or

the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as he thinks fit, whereupon the office shall become vacant.

(6) If the chairman or a deputy chairman ceases to be a member of the Committee, he shall also cease to be chairman or, as the case may be, a deputy chairman.

Remuneration, &c. of members of Committee

262

(1) ACAS shall pay to the members of the Central Arbitration Committee such remuneration and travelling and other allowances as may be determined by the Secretary of State.

(2) The Secretary of State may pay, or make provision for payment, to or in respect of a member of the Committee such pension, allowance or gratuity on death or retirement as he may determine.

(3) Where a person ceases to be the holder of the Committee otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, he may make him a payment of such amount he may determine.

(4) The approval of the Treasury is required for any determination by the Secretary of State under this section.

Proceedings of the Committee

263

(1) For the purpose of discharging its functions in any particular case the Central Arbitration Committee shall consist of the chairman and such other members as the chairman may direct:

(2) The Committee may, at the discretion of the chairman, where it appears expedient to do so, call in the aid of one or more assessors, and may settle the matter wholly or partly with their assistance.

(3) The Committee may at the discretion of the chairman sit in private where it appears expedient to do so.

(4) If in any case the Committee cannot reach a unanimous decision on its award, the chairman shall decide the matter acting with the full powers of an umpire or, in Scotland, an oversman.

(5) Subject to the above provisions, the Committee shall determine its own procedure.

(6) Part I of the Arbitration Act 1996 (general provisions as to arbitration) and section 3 of the Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 do not apply to proceedings before the Committee.

(7) In relation to the discharge of the Committee’s functions under Schedule A1—

(a) section 263A and subsection (6) above shall apply, and

(b) subsections (1) to (5) above shall not apply.

Awards of the Committee

264

(1) The Central Arbitration Committee may correct in any award ,or in any decision or declaration of the Committee under Schedule A1, any clerical mistake or error arising from an accidental slip or omission.

(2) If a question arises as to the interpretation of an award of the Committee or of a decision or declaration of the Committee under Schedule A1,, any party may apply to the Committee for a decision; and the Committee shall decide the question after hearing the parties or, if the parties consent, without a hearing, and shall notify the parties.

(3) Decisions of the Committee in the exercise of any of its functions shall be published.

Annual report and accounts

265

(1) ACAS shall, as soon as practicable after the end of each financialyear, make a report to the Secretary of State on the activities of the Central Arbitration Committee during that year.

For that purpose the Committee shall, as soon as practicable after the end of each calendar year, transmit to ACAS an account of its activities during that year.

(2) The accounts prepared by ACAS in respect of any financial year shall show separately any sums disbursed to or on behalf of the Committee in consequence of the provisions of this Part.

. . .

The Commissioner

266

Terms of appointment of Commissioner

267

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

Remuneration, pension, &c

268

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

Staff of the Commissioner

269

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

Financial provisions

270

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

Annual report and accounts

271

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

Supplementary

Meaning of “financial year”

272

In this Part financial year means the twelve months ending with 31st March.

Part VII — Miscellaneous and general

Crown employment, etc.

Crown employment

273

(1) The provisions of this Act have effect (except as mentioned below) in relation to Crown employment and persons in Crown employment as in relation to other employment and other workers or employees.

(2) The following provisions are excepted from subsection (1)—

(3) In this section Crown employment means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by an enactment.

(4) For the purposes of the provisions of this Act as they apply in relation to Crown employment or persons in Crown employment—

(a) employee and contract of employment mean a person in Crown employment and the terms of employment of such a person (but subject to subsection (5) below);

(b) dismissal means the termination of Crown employment;

(d) the reference in 182(1)(e) (disclosure of information for collective bargaining: restrictions on general duty) to the employer’s undertaking shall be construed as a reference to the national interest; and

(e) any other reference to an undertaking shall be construed, in relation to a Minister of the Crown, as a reference to his functions or (as the context may require) to the department of which he is in charge, and in relation to a government department, officer or body shall be construed as a reference to the functions of the department, officer or body or (as the context may require) to the department, officer or body.

(5) Sections 137 to 143 (rights in relation to trade union membership: access to employment) apply in relation to Crown employment otherwise than under a contract only where the terms of employment correspond to those of a contract of employment.

(6) This section has effect subject to section 274 (armed forces) and section 275 (exemption on grounds of national security).

Armed forces

274

(1) Section 273 (application of Act to Crown employment) does not apply to service as a member of the naval, military or air forces of the Crown.

(2) But that section applies to employment by an association established for the purposes of Part XI of the Reserve Forces Act 1996 (territorial, auxiliary and reserve forces associations) as it applies to employment for the purposes of a government department.

Exemption on grounds of national security

275

(1) Section 273 (application of Act to Crown employment) does not apply to employment in respect of which there is in force a certificate issued by or on behalf of a Minister of the Crown certifying that employment of a description specified in the certificate, or the employment of a particular person so specified, is (or, at a time specified in the certificate, was) required to be excepted from that section for the purpose of safeguarding national security.

(2) A document purporting to be such a certificate shall, unless the contrary is proved, be deemed to be such a certificate.

Further provision as to Crown application

276

(1) Section 138 (refusal of service of employment agency on grounds related to union membership), and the other provisions of Part III applying in relation to that section, bind the Crown so far as they relate to the activities of an employment agency in relation to employment to which those provisions apply.

This does not affect the operation of those provisions in relation to Crown employment by virtue of section 273.

(2) Sections 144 and 145 (prohibition of union membership requirements) and sections 186 and 187 (prohibition of union recognition requirements) bind the Crown.

House of Lords and House of Commons staff

House of Lords staff

277

(1) The provisions of this Act (except those specified below) apply in relation to employment as a relevant member of the House of Lords staff as in relation to other employment.

(1A) The following provisions are excepted from subsection (1)—

House of Commons staff

278

(1) The provisions of this Act (except those specified below) apply in relation to employment as a relevant member of the House of Commons staff as in relation to other employment.

(2) The following provisions are excepted from subsection (1)—

(2A) Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Commons staff from bringing a civil employment claim before the court or from bringing before an employment tribunal proceedings of any description which could be brought before such a tribunal by any person who is not such a member.

(3) In this section relevant member of the House of Commons staff has the same meaning as in section 139 of the Employment Protection (Consolidation) Act 1978.

civil employment claim means a claim arising out of or relating to a contract of employment or any other contract connected with employment, or a claim in tort arising in connection with a person’s employment; and

the court means the High Court or the county court.

(4) For the purposes of the other provisions of this Act as they apply by virtue of this section—

(a) employee and contract of employment include a relevant member of the House of Commons staff and the terms of employment of any such member (but subject to subsection (5) below);

(b) dismissal includes the termination of any such member’s employment;

(c) the reference in section 182(1)(e) (disclosure of information for collective bargaining: restrictions on general duty) to the employer’s undertaking shall be construed as a reference to the national interest or, if the case so requires, the interests of the House of Commons; and

(d) any other reference to an undertaking shall be construed as a reference to the House of Commons.

(5) Sections 137 to 143 (access to employment) apply by virtue of this section in relation to employment otherwise than under a contract only where the terms of employment correspond to those of a contract of employment.

(6) Subsections (6) to (12) of section 195 of the Employment Rights Act 1996 (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of this section.

Health service practitioners

279

(1) In this Act worker includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing . . . personal dental services or providing . . . general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made—

(a) by a ... NHS England under section 126 of the National Health Service Act 2006 or a Local Health Board under section . . . 71 or 80 of the National Health Service (Wales) Act 2006 of the National Heath Service Act 1977, or

(b) by a Health Board under section 17C, . . . 25, 26, or 27 of the National Health Service (Scotland) Act 1978 or as a person providing local pharmaceutical services under a pilot scheme established under section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006, or under an LPS scheme established under Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006;

and employer, in relation to such an individual, regarded in that capacity, means that ... body.

(2) In this Act “worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services or primary dental services—

(a) in accordance with arrangements made by the National Health Service Commissioning Board or a Local Health Board under section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006; or

(b) under a contract under section 84 or 100 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006 entered into by him with the National Health Service Commissioning Board or a Local Health Board,

and “employer” in relation to such an individual, regarded in that capacity, means that ... Board.

(3) In this Act “worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services–

(a) in accordance with arrangements made by a Health Board under section 17C of the National Health Service (Scotland) Act 1978; or

(b) under a contract under section 17J of that Act entered into by him with a Health Board,

and “employer” in relation to such an individual, regarded in that capacity, means that Health Board.

Police service

280

(1) In this Act employee or worker does not include a person in police service; and the provisions of sections 137 and 138 (rights in relation to trade union membership: access to employment) do not apply in relation to police service.

(2) Police service means service as a member of any constabulary maintained by virtue of an enactment, or in any other capacity by virtue of which a person has the powers or privileges of a constable.

Excluded classes of employment

Part-time employment

281

Short-term employment

282

(1) In this section, “fixed term contract” means a contract of employment that, under its provisions determining how it will terminate in the normal course, will terminate—

(a) on the expiry of a specific term,

(b) on the completion of a particular task, or

(c) on the occurrence or non-occurrence of any other specific event other than the attainment by the employee of any normal and bona fide retiring age in the establishment for an employee holding the position held by him.

(2) The provisions of Chapter II of Part IV (procedure for handling redundancies) do not apply to employment under a fixed term contract unless—

(a) the employer is proposing to dismiss the employee as redundant; and

(b) the dismissal will take effect before the expiry of the specific term, the completion of the particular task or the occurrence or non-occurrence of the specific event (as the case may be).

Mariners

283

284

The following provisions of this Act do not apply to employment as master or as member of the crew of a fishing vessel where the employee (or, in the case of sections 145A to 151, the worker) is remunerated only by a share in the profits or gross earnings of the vessel—

Employment outside Great Britain

285

(1) The following provisions of this Act do not apply to employment where under his contract of employment an employee ordinarily works, or in the case of a prospective employee would ordinarily work, outside Great Britain—

(1A) Sections 145A to 151 do not apply to employment where under his contract personally to do work or perform services a worker who is not an employee ordinarily works outside Great Britain.

(1B) For the purposes of subsection (1) as it relates to sections 193 to 194, employment on board a ship registered in the United Kingdom or a GB-linked ship shall be treated as employment where under his contract a person ordinarily works in Great Britain.

(2) For the other purposes of subsection (1) and the purposes of subsection (1A) employment on board a ship registered in the United Kingdom shall be treated as employment where under his contract a person ordinarily works in Great Britain unless—

(a) the ship is registered at a port outside Great Britain, or

(b) the employment is wholly outside Great Britain, or

(c) the employee or, as the case may be, the worker or the person seeking employment or seeking to avail himself of a service of an employment agency, is not ordinarily resident in Great Britain.

(3) In this section, “GB-linked ship” means a ship providing a service—

(a) for the carriage of persons or goods, with or without vehicles, and

(b) that is within subsection (4) or (5).

(4) A service is within this subsection if it is operated between a place in Great Britain and another place in the United Kingdom.

(5) A service is within this subsection if—

(a) ships providing the service entered a harbour in Great Britain on at least 120 occasions in the period of 12 months ending with the day when the redundancy proposal in question is settled by the employer, or

(b) if the service has been provided for less than 12 months before that day, ships providing the service entered a harbour in Great Britain on at least 10 occasions in each month for which the service has been provided.

(6) But a service is not within subsection (5) if the service—

(a) is for the purpose of leisure or recreation, or

(b) is provided by a fishing vessel.

(7) In this section—

“harbour” has the same meaning as in the Harbours Act 1964;

“ship” has the same meaning as in section 193A (see subsection (4) of that section).

Power to make further provision as to excluded classes of employment

286

(1) This section applies in relation to the following provisions—

(2) The Secretary of State may by order made by statutory instrument provide that any of those provisions—

(a) shall not apply to persons or to employment of such classes as may be prescribed by the order, or

(b) shall apply to persons or employments of such classes as may be prescribed by the order subject to such exceptions and modifications as may be so prescribed,

and may vary or revoke any of the provisions of sections 281 to 285 above (excluded classes of employment) so far as they relate to any such provision.

(3) Any such order shall be made by statutory instrument and may contains such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.

(4) No such order shall be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

Offshore employment

287

(1) In this Act offshore employment means employment for the purposes of activities—

(a) in the territorial waters of the United Kingdom, or

(b) connected with the exploration of the sea-bed or subsoil, or the exploitation of their natural resources, in the United Kingdom sector of the continental shelf, or

(c) connected with the exploration or exploitation, in a foreign sector of the continental shelf, of a cross-boundary petroleum field.

(2) Her Majesty may by Order in Council provide that—

(a) the provisions of this Act, and

(b) any Northern Ireland legislation making provision for purposes corresponding to any of the purposes of this Act,

apply, to such extent and for such purposes as may be specified in the Order and with or without modification, to or in relation to a person in offshore employment or, in relation to sections 137 to 143 (access to employment), a person seeking such employment.

(3) An Order in Council under this section—

(a) may make different provision for different cases;

(b) may provide that the enactments to which this section applies, as applied, apply—

(i) to individuals whether or not they are British subjects, and

(ii) to bodies corporate whether or not they are incorporated under the law of a part of the United Kingdom,

and apply notwithstanding that the application may affect the activities of such an individual or body outside the United Kingdom;

(c) may make provision for conferring jurisdiction on any court or class of court specified in the Order, or on employment tribunals, in respect of offences, causes of action or other matters arising in connection with offshore employment;

(d) may provide that the enactments to which this section applies apply in relation to a person in offshore employment in a part of the areas referred to in subsection (1)(a) and (b);

(e) may exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under the enactments to which this section applies in connection with offshore employment;

(f) may provide that such proceedings shall not be brought without such consent as may be required by the Order;

(g) may modify or exclude any of sections 281 to 285 (excluded classes of employment) or any corresponding provision of Northern Ireland legislation.

(3A) An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Any jurisdiction conferred on a court or tribunal under this section is without prejudice to jurisdiction exercisable apart from this section, by that or any other court or tribunal.

(5) In this section—

cross-boundary petroleum field means a petroleum field that extends across the boundary between the United Kingdom sector of the continental shelf and a foreign sector;

foreign sector of the continental shelf means an area outside the territorial waters of any state, within which rights with respect to the sea-bed and subsoil and their natural resources are exercisable by a state other than the United Kingdom;

petroleum field means a geological structure identified as an oil or gas field by the Order in Council concerned; and

United Kingdom sector of the continental shelf means the areas designated under section 1(7) of the Continental Shelf Act 1964.

Contracting out, &c.

Restriction on contracting out

288

(1) Any provision in an agreement (whether a contract of employment or not) is void in so far as it purports—

(a) to exclude or limit the operation of any provision of this Act, or

(b) to preclude a person from bringing—

(i) proceedings before an employment tribunal or the Central Arbitration Committee under any provision of this Act, . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subsection (1) does not apply to an agreement to refrain from instituting or continuing proceedings where a conciliation officer has taken action under— any of sections 18A to 18C of the Employment Tribunals Act 1996 (conciliation)

(2A) Subsection (1) does not apply to an agreement to refrain from instituting or continuing any proceedings, other than excepted proceedings, specified in subsection (1)(b) of that section before an employment tribunal if the conditions regulating settlement agreements under this Act are satisfied in relation to the agreement.

(2B) The conditions regulating settlement agreements under this Act are that—

(a) the agreement must be in writing;

(b) the agreement must relate to the particular proceedings;

(c) the complainant must have received advice from a relevant independent adviser as to the terms and effect of the proposed agreement and in particular its effect on his ability to pursue his rights before an employment tribunal;

(d) there must be in force, when the adviser gives the advice, a contract of insurance, or an indemnity provided for members of a profession or professional body, covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice;

(e) the agreement must identify the adviser; and

(f) the agreement must state that the conditions regulating settlement agreements under this Act are satisfied.

(2C) The proceedings excepted from subsection (2A) are proceedings on a complaint of non-compliance with section 188.

(3) Subsection (1) does not apply—

(a) to such an agreement as is referred to in section 185(5)(b) or (c) to the extent that it varies or supersedes an award under that section;

(b) to any provision in a collective agreement excluding rights under Chapter II of Part IV (procedure for handling redundancies), if an order under section 198 is in force in respect of it.

(4) A person is a relevant independent adviser for the purposes of subsection (2B)(c)—

(a) if he is a qualified lawyer,

(b) if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union,

(c) if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or

(d) if he is a person of a description specified in an order made by the Secretary of State.

(4A) But a person is not a relevant independent adviser for the purposes of subsection (2B)(c) in relation to the complainant—

(a) if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party,

(b) in the case of a person within subsection (4)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party,

(c) in the case of a person within subsection (4)(c), if the complainant makes a payment for the advice received from him, or

(d) in the case of a person of a description specified in an order under subsection (4)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.

(4B) In subsection (4)(a) qualified lawyer means—

(a) as respects England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and

(b) as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.

(4C) An order under subsection (4)(d) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) For the purposes of subsection (4A) any two persons are to be treated as connected—

(a) if one is a company of which the other (directly or indirectly) has control, or

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