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Employment Relations Act 1999

Type Public General Act

Publication 1999-07-27

Last updated 2026-02-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Trade unions

Collective bargaining: recognition

1

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as follows.

(2) After Chapter V of Part I (rights of trade union members) there shall be inserted—

(70A) Schedule A1 shall have effect.

(3) Immediately before Schedule 1 there shall be inserted the Schedule set out in Schedule 1 to this Act.

2

Schedule 2 shall have effect.

Blacklists

3

(1) The Secretary of State may make regulations prohibiting the compilation of lists which—

(a) contain details of members of trade unions or persons who have taken part in the activities of trade unions, and

(b) are compiled with a view to being used ... for the purposes of discrimination in relation to recruitment or in relation to the treatment of workers.

(2) The Secretary of State may make regulations prohibiting—

(a) the use of lists to which subsection (1) applies;

(b) the sale or supply of lists to which subsection (1) applies.

(2A) The Secretary of State may make regulations prohibiting—

(a) the use of lists which contain details of members of trade unions, or persons who have taken part in the activities of trade unions, for the purposes of discrimination in relation to recruitment or in relation to the treatment of workers;

(b) the sale or supply of such lists with a view to being used for those purposes.

(3) Regulations under this section may, in particular—

(za) make provision for a person who causes another person to do something to be treated as doing that thing;

(a) confer jurisdiction (including exclusive jurisdiction) on employment tribunals and on the Employment Appeal Tribunal;

(b) include provision for or about the grant and enforcement of specified remedies by courts and tribunals;

(d) include provision permitting proceedings to be brought by trade unions on behalf of members in specified circumstances;

(e) include provision about cases where an employee is dismissed by his employer and the reason or principal reason for the dismissal, or why the employee was selected for dismissal, relates to a list to which subsection (1) or (2A) applies;

(f) create criminal offences;

(g) in specified cases or circumstances, extend liability for a criminal offence created under paragraph (f) to a person who aids the commission of the offence or to a person who is an agent, principal, employee, employer or officer of a person who commits the offence;

(h) provide for specified obligations or offences not to apply in specified circumstances;

(i) include supplemental, incidental, consequential and transitional provision, including provision amending an enactment;

(j) make different provision for different cases or circumstances.

(4) Regulations under this section creating an offence may not provide for it to be punishable—

(a) by imprisonment,

(b) by a fine in excess of level 5 on the standard scale in the case of an offence triable only summarily, or

(5) In this section—

“list” includes any index or other set of items whether recorded electronically or by any other means, and

“worker” has the meaning given by section 13.

(6) Subject to subsection (5), expressions used in this section and in the Trade Union and Labour Relations (Consolidation) Act 1992 have the same meaning in this section as in that Act.

Ballots and notices

4

Schedule 3 shall have effect.

Training

5

In Chapter VA of Part I of the Trade Union and Labour Relations (Consolidation) Act 1992 (collective bargaining: recognition) as inserted by section 1 above, there shall be inserted after section 70A—

(70B) (1) This section applies where— (a) a trade union is recognised, in accordance with Schedule A1, as entitled to conduct collective bargaining on behalf of a bargaining unit (within the meaning of Part I of that Schedule), and (b) a method for the conduct of collective bargaining is specified by the Central Arbitration Committee under paragraph 31(3) of that Schedule (and is not the subject of an agreement under paragraph 31(5)(a) or (b)). (2) The employer must from time to time invite the trade union to send representatives to a meeting for the purpose of— (a) consulting about the employer’s policy on training for workers within the bargaining unit, (b) consulting about his plans for training for those workers during the period of six months starting with the day of the meeting, and (c) reporting about training provided for those workers since the previous meeting. (3) The date set for a meeting under subsection (2) must not be later than— (a) in the case of a first meeting, the end of the period of six months starting with the day on which this section first applies in relation to a bargaining unit, and (b) in the case of each subsequent meeting, the end of the period of six months starting with the day of the previous meeting. (4) The employer shall, before the period of two weeks ending with the date of a meeting, provide to the trade union any information— (a) without which the union’s representatives would be to a material extent impeded in participating in the meeting, and (b) which it would be in accordance with good industrial relations practice to disclose for the purposes of the meeting. (5) Section 182(1) shall apply in relation to the provision of information under subsection (4) as it applies in relation to the disclosure of information under section 181. (6) The employer shall take account of any written representations about matters raised at a meeting which he receives from the trade union within the period of four weeks starting with the date of the meeting. (7) Where more than one trade union is recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, a reference in this section to “the trade union” is a reference to each trade union. (8) Where at a meeting under this section (Meeting 1) an employer indicates his intention to convene a subsequent meeting (Meeting 2) before the expiry of the period of six months beginning with the date of Meeting 1, for the reference to a period of six months in subsection (2)(b) there shall be substituted a reference to the expected period between Meeting 1 and Meeting 2. (9) The Secretary of State may by order made by statutory instrument amend any of subsections (2) to (6). (10) No order shall be made under subsection (9) unless a draft has been laid before, and approved by resolution of, each House of Parliament. (70C) (1) A trade union may present a complaint to an employment tribunal that an employer has failed to comply with his obligations under section 70B in relation to a bargaining unit. (2) An employment tribunal shall not consider a complaint under this section unless it is presented— (a) before the end of the period of three months beginning with the date of the alleged failure, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months. (3) Where an employment tribunal finds a complaint under this section well-founded it— (a) shall make a declaration to that effect, and (b) may make an award of compensation to be paid by the employer to each person who was, at the time when the failure occurred, a member of the bargaining unit. (4) The amount of the award shall not, in relation to each person, exceed two weeks’ pay. (5) For the purpose of subsection (4) a week’s pay— (a) shall be calculated in accordance with Chapter II of Part XIV of the Employment Rights Act 1996 (taking the date of the employer’s failure as the calculation date), and (b) shall be subject to the limit in section 227(1) of that Act. (6) Proceedings for enforcement of an award of compensation under this section— (a) may, in relation to each person to whom compensation is payable, be commenced by that person, and (b) may not be commenced by a trade union.

Unfair dismissal connected with recognition: interim relief

6

In sections 128(1)(b) and 129(1) of the Employment Rights Act 1996 (interim relief) after “103” there shall be inserted “ or in paragraph 161(2) of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 ”.

Leave for family and domestic reasons

Maternity and parental leave

7

The provisions set out in Part I of Schedule 4 shall be substituted for Part VIII of the Employment Rights Act 1996.

Time off for domestic incidents

8

The provisions set out in Part II of Schedule 4 shall be inserted after section 57 of that Act.

Consequential amendments

9

Part III of Schedule 4 (which makes amendments consequential on sections 7 and 8) shall have effect.

Disciplinary and grievance hearings

Right to be accompanied

10

(1) This section applies where a worker—

(a) is required or invited by his employer to attend a disciplinary or grievance hearing, and

(b) reasonably requests to be accompanied at the hearing.

(2A) Where this section applies, the employer must permit the worker to be accompanied at the hearing by one companion who—

(a) is chosen by the worker; and

(b) is within subsection (3).

(2B) The employer must permit the worker’s companion to—

(a) address the hearing in order to do any or all of the following—

(i) put the worker’s case;

(ii) sum up that case;

(iii) respond on the worker’s behalf to any view expressed at the hearing;

(b) confer with the worker during the hearing.

(2C) Subsection (2B) does not require the employer to permit the worker’s companion to—

(a) answer questions on behalf of the worker;

(b) address the hearing if the worker indicates at it that he does not wish his companion to do so; or

(c) use the powers conferred by that subsection in a way that prevents the employer from explaining his case or prevents any other person at the hearing from making his contribution to it.

(3) A person is within this subsection if he is—

(a) employed by a trade union of which he is an official within the meaning of sections 1 and 119 of the Trade Union and Labour Relations (Consolidation) Act 1992,

(b) an official of a trade union (within that meaning) whom the union has reasonably certified in writing as having experience of, or as having received training in, acting as a worker’s companion at disciplinary or grievance hearings, or

(4) If—

(a) a worker has a right under this section to be accompanied at a hearing,

(b) his chosen companion will not be available at the time proposed for the hearing by the employer, and

the employer must postpone the hearing to the time proposed by the worker.

(5) An alternative time must—

(a) be reasonable, and

(b) fall before the end of the period of five working days beginning with the first working day after the day proposed by the employer.

(6) An employer shall permit a worker to take time off during working hours for the purpose of accompanying another of the employer’s workers in accordance with a request under subsection (1)(b).

(7) Sections 168(3) , (4) and (5), 169 and 171 to 173 of the Trade Union and Labour Relations (Consolidation) Act 1992 (time off for carrying out trade union duties) shall apply in relation to subsection (6) above as they apply in relation to section 168(1) of that Act.

Complaint to employment tribunal

11

(1) A worker may present a complaint to an employment tribunal that his employer has failed, or threatened to fail, to comply with section 10(2A), (2B) or (4).

(2) A tribunal shall not consider a complaint under this section in relation to a failure or threat unless the complaint is presented—

(a) before the end of the period of three months beginning with the date of the failure or threat, or

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

(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) of the Employment Rights Act 1996 applies for the purposes of subsection (2)(a).

(2B) Subsections (2) and (2A) are to be treated as provisions of the Employment Rights Act 1996 for the purposes of section 207B of that Act.

(3) Where a tribunal finds that a complaint under this section is well-founded it shall order the employer to pay compensation to the worker of an amount not exceeding two weeks’ pay.

(4) Chapter II of Part XIV of the Employment Rights Act 1996 (calculation of a week’s pay) shall apply for the purposes of subsection (3); and in applying that Chapter the calculation date shall be taken to be—

(a) in the case of a claim which is made in the course of a claim for unfair dismissal, the date on which the employer’s notice of dismissal was given or, if there was no notice, the effective date of termination, and

(b) in any other case, the date on which the relevant hearing took place (or was to have taken place).

(5) The limit in section 227(1) of the Employment Rights Act 1996 (maximum amount of week’s pay) shall apply for the purposes of subsection (3) above.

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

Detriment and dismissal

12

(1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that he—

(a) exercised or sought to exercise the right under section 10(2A), (2B) or (4), or

(b) accompanied or sought to accompany another worker (whether of the same employer or not) pursuant to a request under that section.

(2) Section 48 of the Employment Rights Act 1996 shall apply in relation to contraventions of subsection (1) above as it applies in relation to contraventions of certain sections of that Act.

(3) A worker who is dismissed shall be regarded for the purposes of Part X of the Employment Rights Act 1996 as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that he—

(a) exercised or sought to exercise the right under section 10(2A), (2B) or (4), or

(b) accompanied or sought to accompany another worker (whether of the same employer or not) pursuant to a request under that section.

(4) Sections 108 and 109 of that Act (qualifying period of employment and upper age limit) shall not apply in relation to subsection (3) above.

(5) Sections 128 to 132 of that Act (interim relief) shall apply in relation to dismissal for the reason specified in subsection (3)(a) or (b) above as they apply in relation to dismissal for a reason specified in section 128(1)(b) of that Act.

(6) In the application of Chapter II of Part X of that Act in relation to subsection (3) above, a reference to an employee shall be taken as a reference to a worker.

(7) References in this section to a worker having accompanied or sought to accompany another worker include references to his having exercised or sought to exercise any of the powers conferred by section 10(2A) or (2B).

Interpretation

13

(1) In sections 10 to 12 and this section “worker” means an individual who is—

(a) a worker within the meaning of section 230(3) of the Employment Rights Act 1996,

(b) an agency worker,

(d) a person in Crown employment within the meaning of section 191 of that Act, other than a member of the naval, military, air or reserve forces of the Crown, or

(e) employed as a relevant member of the House of Lords staff or the House of Commons staff within the meaning of section 194(6) or 195(5) of that Act.

(2) In subsection (1) “agency worker” means an individual who—

(a) is supplied by a person (“the agent”) to do work for another (“the principal”) by arrangement between the agent and the principal,

(b) is not a party to a worker’s contract, within the meaning of section 230(3) of that Act, relating to that work, and

(c) is not a party to a contract relating to that work under which he undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any professional or business undertaking carried on by the individual;

and, for the purposes of sections 10 to 12, both the agent and the principal are employers of an agency worker.

(3) In subsection (1) “home worker” means an individual who—

(a) contracts with a person, for the purposes of the person’s business, for the execution of work to be done in a place not under the person’s control or management, and

(b) is not a party to a contract relating to that work under which the work is to be executed for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any professional or business undertaking carried on by the individual;

and, for the purposes of sections 10 to 12, the person mentioned in paragraph (a) is the home worker’s employer.

(4) For the purposes of section 10 a disciplinary hearing is a hearing which could result in—

(a) the administration of a formal warning to a worker by his employer,

(b) the taking of some other action in respect of a worker by his employer, or

(5) For the purposes of section 10 a grievance hearing is a hearing which concerns the performance of a duty by an employer in relation to a worker.

(6) For the purposes of section 10(5)(b) in its application to a part of Great Britain a working day is a day other than—

(a) a Saturday or a Sunday,

(b) Christmas Day or Good Friday, or

Contracting out and conciliation

14

Sections 10 to 13 of this Act shall be treated as provisions of Part V of the Employment Rights Act 1996 for the purposes of—

(a) section 203(1), (2)(e) and (f), (3) and (4) of that Act (restrictions on contracting out), and

(b) section 18(1)(b) of the Employment Tribunals Act 1996 (conciliation).

National security employees

15

Sections 10 to 13 of this Act shall not apply in relation to a person employed for the purposes of—

(a) the Security Service,

(b) the Secret Intelligence Service, or

Other rights of individuals

Unfair dismissal of striking workers

16

Schedule 5 shall have effect.

Collective agreements: detriment and dismissal.

17

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

Agreement to exclude dismissal rights

18

(1) In section 197 of the Employment Rights Act 1996 (fixed-term contracts) subsections (1) and (2) (agreement to exclude unfair dismissal provisions) shall be omitted; and subsections (2) to (5) below shall have effect in consequence.

(2) In sections 44(4), 46(2), 47(2), 47A(2) and 47B(2) of that Act—

(a) the words from the beginning to “the dismissal,” shall be omitted, and

(b) for “that Part” there shall be substituted “ Part X ”.

(3) In section 45A(4) of that Act the words from “, unless” to the end shall be omitted.

(4) In section 23 of the National Minimum Wage Act 1998, for subsection (4) there shall be substituted—

(4) This section does not apply where the detriment in question amounts to dismissal within the meaning of— (a) Part X of the Employment Rights Act 1996 (unfair dismissal), or (b) Part XI of the Employment Rights (Northern Ireland) Order 1996 (corresponding provision for Northern Ireland), except where in relation to Northern Ireland the person in question is dismissed in circumstances in which, by virtue of Article 240 of that Order (fixed term contracts), Part XI does not apply to the dismissal.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Part-time work: discrimination

19

(1) The Secretary of State shall make regulations for the purpose of securing that persons in part-time employment are treated, for such purposes and to such extent as the regulations may specify, no less favourably than persons in full-time employment.

(2) The regulations may—

(a) specify classes of person who are to be taken to be, or not to be, in part-time employment;

(b) specify classes of person who are to be taken to be, or not to be, in full-time employment;

(c) specify circumstances in which persons in part-time employment are to be taken to be, or not to be, treated less favourably than persons in full-time employment;

(d) make provision which has effect in relation to persons in part-time employment generally or provision which has effect only in relation to specified classes of persons in part-time employment.

(3) The regulations may—

(a) confer jurisdiction (including exclusive jurisdiction) on employment tribunals and on the Employment Appeal Tribunal;

(b) create criminal offences in relation to specified acts or omissions by an employer, by an organisation of employers, by an organisation of workers or by an organisation existing for the purposes of a profession or trade carried on by the organisation’s members;

(c) in specified cases or circumstances, extend liability for a criminal offence created under paragraph (b) to a person who aids the commission of the offence or to a person who is an agent, principal, employee, employer or officer of a person who commits the offence;

(d) provide for specified obligations or offences not to apply in specified circumstances;

(e) make provision about notices or information to be given, evidence to be produced and other procedures to be followed;

(f) amend, apply with or without modifications, or make provision similar to any provision of the Employment Rights Act 1996 (including, in particular, Parts V, X and XIII) or the Trade Union and Labour Relations (Consolidation) Act 1992;

(g) provide for the provisions of specified agreements to have effect in place of provisions of the regulations to such extent and in such circumstances as may be specified;

(h) include supplemental, incidental, consequential and transitional provision, including provision amending an enactment;

(i) make different provision for different cases or circumstances.

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

(5) Regulations under this section which create an offence—

(a) shall provide for it to be triable summarily only, and

(b) may not provide for it to be punishable by imprisonment or by a fine in excess of level 5 on the standard scale.

Part-time work: code of practice

20

(1) The Secretary of State may issue codes of practice containing guidance for the purpose of—

(a) eliminating discrimination in the field of employment against part-time workers;

(b) facilitating the development of opportunities for part-time work;

(d) any matter dealt with in the framework agreement on part-time work annexed to Council Directive 97/81/EC.

(2) The Secretary of State may revise a code and issue the whole or part of the revised code.

(3) A person’s failure to observe a provision of a code does not make him liable to any proceedings.

(4) A code—

(a) is admissible in evidence in proceedings before an employment tribunal, and

(b) shall be taken into account by an employment tribunal in any case in which it appears to the tribunal to be relevant.

Code of practice: supplemental

21

(1) Before issuing or revising a code of practice under section 20 the Secretary of State shall consult such persons as he considers appropriate.

(2) Before issuing a code the Secretary of State shall—

(a) publish a draft code,

(b) consider any representations made to him about the draft,

(3) If, having followed the procedure under subsection (2), the Secretary of State decides to issue a code, he shall lay a draft code before each House of Parliament.

(4) If the draft code is approved by resolution of each House of Parliament, the Secretary of State shall issue the code in the form of the draft.

(5) In this section and section 20(3) and (4)—

(a) a reference to a code includes a reference to a revised code,

(b) a reference to a draft code includes a reference to a draft revision, and

National minimum wage: communities

22

The following shall be inserted after section 44 of the National Minimum Wage Act 1998 (exclusions: voluntary workers)—

(44A) (1) A residential member of a community to which this section applies does not qualify for the national minimum wage in respect of employment by the community. (2) Subject to subsection (3), this section applies to a community if— (a) it is a charity or is established by a charity, (b) a purpose of the community is to practise or advance a belief of a religious or similar nature, and (c) all or some of its members live together for that purpose. (3) This section does not apply to a community which— (a) is an independent school, or (b) provides a course of further or higher education. (4) The residential members of a community are those who live together as mentioned in subsection (2)(c). (5) In this section— (a) “charity” has the same meaning as in section 44, and (b) “independent school” has the same meaning as in section 463 of the Education Act 1996 (in England and Wales), section 135 of the Education (Scotland) Act 1980 (in Scotland) and Article 2 of the Education and Libraries (Northern Ireland) Order 1986 (in Northern Ireland). (6) In this section “course of further or higher education” means— (a) in England and Wales, a course of a description referred to in Schedule 6 to the Education Reform Act 1988 or Schedule 2 to the Further and Higher Education Act 1992; (b) in Scotland, a course or programme of a description mentioned in or falling within section 6(1) or 38 of the Further and Higher Education (Scotland) Act 1992; (c) in Northern Ireland, a course of a description referred to in Schedule 1 to the Further Education (Northern Ireland) Order 1997 or a course providing further education within the meaning of Article 3 of that Order.

Power to confer rights on individuals

23

(1) This section applies to any right conferred on an individual against an employer (however defined) under or by virtue of any of the following—

(a) the Trade Union and Labour Relations (Consolidation) Act 1992;

(b) the Employment Rights Act 1996;

(ba) the Employment Act 2002;

(d) any instrument made under section 2(2) of the European Communities Act 1972.

(2) The Secretary of State may by order make provision which has the effect of conferring any such right on individuals who are of a specified description.

(3) The reference in subsection (2) to individuals includes a reference to individuals expressly excluded from exercising the right.

(4) An order under this section may—

(a) provide that individuals are to be treated as parties to workers’ contracts or contracts of employment;

(b) make provision as to who are to be regarded as the employers of individuals;

(c) make provision which has the effect of modifying the operation of any right as conferred on individuals by the order;

(d) include such consequential, incidental or supplementary provisions as the Secretary of State thinks fit.

(5) An order under this section may make provision in such way as the Secretary of State thinks fit......

(5A) The ways in which an order under this section may make provision include, in particular—

(a) amending any enactment;

(b) excluding or applying (whether with or without amendment) any enactment.

(5B) In subsection (5A) “enactment” includes an enactment comprised in subordinate legislation made under an Act.

(6) Section 209(7) of the Employment Rights Act 1996 (which is superseded by this section) shall be omitted.

(7) Any order made or having effect as if made under section 209(7), so far as effective immediately before the commencement of this section, shall have effect as if made under this section.

CAC, ACAS, Commissioners and Certification Officer

CAC: members

24

In section 260 of the Trade Union and Labour Relations (Consolidation) Act 1992 (members of the Committee) these subsections shall be substituted for subsections (1) to (3)—

(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.

CAC: proceedings

25

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as follows.

(2) In section 263 (proceedings of the Committee) this subsection shall be inserted after subsection (6)—

(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.

(3) This section shall be inserted after section 263—

(263A) (1) For the purpose of discharging its functions under Schedule A1 in any particular case, the Central Arbitration Committee shall consist of a panel established under this section. (2) The chairman of the Committee shall establish a panel or panels, and a panel shall consist of these three persons appointed by him— (a) the chairman or a deputy chairman of the Committee, who shall be chairman of the panel; (b) a member of the Committee whose experience is as a representative of employers; (c) a member of the Committee whose experience is as a representative of workers. (3) The chairman of the Committee shall decide which panel is to deal with a particular case. (4) A panel may at the discretion of its chairman sit in private where it appears expedient to do so. (5) If— (a) a panel cannot reach a unanimous decision on a question arising before it, and (b) a majority of the panel have the same opinion, the question shall be decided according to that opinion. (6) If— (a) a panel cannot reach a unanimous decision on a question arising before it, and (b) a majority of the panel do not have the same opinion, the chairman of the panel shall decide the question acting with the full powers of an umpire or, in Scotland, an oversman. (7) Subject to the above provisions, a panel shall determine its own procedure.

(4) In section 264 (awards of the Committee)—

(a) in subsection (1) after “award” there shall be inserted “ , or in any decision or declaration of the Committee under Schedule A1, ”;

(b) in subsection (2) after “of the Committee,” there shall be inserted “ or of a decision or declaration of the Committee under Schedule A1, ”.

ACAS: general duty

26

In section 209 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ACAS’ general duty) the words from “, in particular” to the end shall be omitted.

ACAS: reports

27

(1) In section 253(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (ACAS: annual report) for “calendar year” there shall be substituted “ financial year ”.

(2) In section 265(1) of that Act (ACAS: report about CAC) for “calendar year” there shall be substituted “ financial year ”.

Abolition of Commissioners

28

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

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

(3) In section 32A of that Act (statement to members of union following annual return) in the third paragraph of subsection (6)(a) (application for assistance from Commissioner for the Rights of Trade Union Members) for the words from “may” to “case,” there shall be substituted “ should ”.

The Certification Officer

29

Schedule 6 shall have effect.

Miscellaneous

Partnerships at work

30

(1) The Secretary of State may spend money or provide money to other persons for the purpose of encouraging and helping employers (or their representatives) and employees (or their representatives) to improve the way they work together.

(2) Money may be provided in such way as the Secretary of State thinks fit (whether as grants or otherwise) and on such terms as he thinks fit (whether as to repayment or otherwise).

Employment agencies

31

Schedule 7 shall have effect.

Employment rights: employment outside Great Britain

32

(1) In section 285(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (employment outside Great Britain) for “Chapter II (procedure for handling redundancies)” there shall be substituted “ sections 193 and 194 (duty to notify Secretary of State of certain redundancies) ”.

(2) After section 287(3) of that Act (offshore employment) there shall be inserted—

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

(3) Section 196 of the Employment Rights Act 1996 (employment outside Great Britain) shall cease to have effect; and in section 5(1) for “sections 196 and” there shall be substituted “ section ”.

(4) After section 199(6) of that Act (mariners) there shall be inserted—

(7) The provisions mentioned in subsection (8) apply to employment on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 if and only if— (a) the ship’s entry in the register specifies a port in Great Britain as the port to which the vessel is to be treated as belonging, (b) under his contract of employment the person employed does not work wholly outside Great Britain, and (c) the person employed is ordinarily resident in Great Britain. (8) The provisions are— (a) sections 8 to 10, (b) Parts II, III and V, (c) Part VI, apart from sections 58 to 60, (d) Parts VII and VIII, (e) sections 92 and 93, and (f) Part X.

Unfair dismissal: special and additional awards

33

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

(2) In section 117(3)(b) of the Employment Rights Act 1996 (amount of additional award) for “the appropriate amount” there shall be substituted “ an amount not less than twenty-six nor more than fifty-two weeks’ pay ”; ...

(3) In section 14 of the Employment Rights (Dispute Resolution) Act 1998—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (2) for “that Act” substitute “ the Employment Rights Act 1996 ”.

Indexation of amounts, &c

34

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

(za) section 27M(1) of the Employment Rights Act 1996 (complaints about tips etc: compensation);

(zb) section 27O(2) of that Act (complaints about information: compensation);

(a) section 31(1) of that Act (guarantee payments: limits);

(b) section 120(1) of that Act (unfair dismissal: minimum amount of basic award);

(d) section 186(1)(a) and (b) of that Act (employee’s rights on insolvency of employer: maximum amount payable);

(e) section 227(1) of that Act (maximum amount of a week’s pay for purposes of certain calculations);

(ea) section 145E(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 (unlawful inducements: amount of award);

(f) section 156(1) of that Act (unfair dismissal: minimum basic award);

(g) section 176(6A) of that Act (right to membership of trade union: remedies).

(2) If the retail prices index for September of a year is higher or lower than the index for the previous September, the Secretary of State shall ... make an order in relation to each sum mentioned in subsection (1)—

(a) increasing each sum, if the new index is higher, or

(b) decreasing each sum, if the new index is lower,

by the same percentage as the amount of the increase or decrease of the index , with effect from the following 6th April .

(3) In making the calculation required by subsection (2) the Secretary of State shall round the result to the nearest whole pound, taking 50p as nearest to the next whole pound above

(4) For the sum specified in section 124(1) of the Employment Rights Act 1996 (unfair dismissal: limit of compensatory award) there shall be substituted the sum of £50,000 (subject to subsection (2) above).

(4A) A reference in this section to a sum specified in section 124(1) of the Employment Rights Act 1996 does not include anything specified by virtue of section 15(2)(b)(ii) of the Enterprise and Regulatory Reform Act 2013 (specified number multiplied by a week's pay of the individual concerned).

(4B) As regards a sum specified in section 124(1) of the Employment Rights Act 1996, the duty under subsection (2) to make an order with effect from 6 April in a particular year does not arise where an order varying such a sum with effect from a day within 12 months before that date has been made under section 15(1) of the Enterprise and Regulatory Reform Act 2013.

(5) In this section “the retail prices index” means—

(a) the general index of retail prices (for all items) published by the Statistics Board, or

(b) where that index is not published for a month, any substituted index or figures published by the Board.

(6) An order under this section—

(a) shall be made by statutory instrument,

(b) may include transitional provision, and

Guarantee payments

35

For section 31(7) of the Employment Rights Act 1996 (guarantee payments: limits) there shall be substituted—

(7) The Secretary of State may by order vary— (a) the length of the period specified in subsection (2); (b) a limit specified in subsection (3) or (4).

Sections 33 to 35: consequential

36

(1) The following provisions (which confer power to increase sums) shall cease to have effect—

(a) sections 120(2), 124(2), 186(2) and 227(2) to (4) of the Employment Rights Act 1996;

(b) sections 159 and 176(7) and (8) of the Trade Union and Labour Relations (Consolidation) Act 1992.

(2) Section 208 of the Employment Rights Act 1996 (review of limits) shall cease to have effect.

(3) An increase effected, before section 34 comes into force, by virtue of a provision repealed by this section shall continue to have effect notwithstanding this section (but subject to section 34(2) and (4)).

Compensatory award etc: removal of limit in certain cases

37

(1) After section 124(1) of the Employment Rights Act 1996 (limit of compensatory award etc) there shall be inserted—

(1A) Subsection (1) shall not apply to compensation awarded, or a compensatory award made, to a person in a case where he is regarded as unfairly dismissed by virtue of section 100, 103A, 105(3) or 105(6A).

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

Transfer of undertakings

38

(1) The Secretary of State may by regulations make TUPE-like provision in relation to the treatment of employees in circumstances other than those to which the main part of the TUPE regulations applies.

(2) In this section—

(a) the “main part of the TUPE regulations” means so much of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) as relates to the treatment of employees on the transfer of an undertaking, business or part of an undertaking or business;

(b) “TUPE-like provision” means provision which is the same or similar to that made by the main part of the TUPE regulations.

(2A) The circumstances mentioned in subsection (1) include circumstances in which there is no transfer, or no transfer to which the main part of the TUPE regulations applies.

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

Minimum wage: information

39

(1) Information obtained by a revenue official in the course of carrying out a function of the Commissioners of Inland Revenue may be—

(a) supplied by the Commissioners of Inland Revenue to the Secretary of State for any purpose relating to the National Minimum Wage Act 1998;

(b) supplied by the Secretary of State with the authority of the Commissioners of Inland Revenue to any person acting under section 13(1)(b) of that Act;

(c) supplied by the Secretary of State with the authority of the Commissioners of Inland Revenue to an officer acting for the purposes of any of the agricultural wages legislation.

(2) In this section—

“revenue official” means an officer of the Commissioners of Inland Revenue appointed under section 4 of the Inland Revenue Regulation Act 1890 (appointment of collectors, officers and other persons), and

“the agricultural wages legislation” has the same meaning as in section 16 of the National Minimum Wage Act 1998 (agricultural wages officers).

Dismissal of school staff

40

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

National security

41

Schedule 8 shall have effect.

General

Orders and regulations

42

(1) Any power to make an order or regulations under this Act shall be exercised by statutory instrument.

(2) No order or regulations shall be made under section 3, 17, 19 or 23 unless a draft has been laid before, and approved by resolution of, each House of Parliament.

Finance

43

There shall be paid out of money provided by Parliament—

(a) any increase attributable to this Act in the sums so payable under any other enactment;

(b) any other expenditure of the Secretary of State under this Act.

Repeals

44

The provisions mentioned in Schedule 9 are repealed (or revoked) to the extent specified in column 3.

Commencement

45

(1) The preceding provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order made by statutory instrument.

(2) An order under this section—

(a) may make different provision for different purposes;

(b) may include supplementary, incidental, saving or transitional provisions.

Extent

46

(1) Any amendment or repeal in this Act has the same extent as the provision amended or repealed.

(2) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to any of the purposes of this Act—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Apart from sections 39 and 45 and subject to subsection (1), the preceding sections of this Act shall not extend to Northern Ireland.

Citation

47

This Act may be cited as the Employment Relations Act 1999.

SCHEDULE 1

The Schedule to be inserted immediately before Schedule 1 to the Trade Union and Labour Relations (Consolidation) Act 1992 is as follows—

SCHEDULE 2

Introduction

1

The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as provided in this Schedule.

Detriment

2

(1) Section 146 (action short of dismissal on grounds related to union membership or activities) shall be amended as follows.

(2) In subsection (1) for “have action short of dismissal taken against him as an individual by his employer” substitute “ be subjected to any detriment as an individual by any act, or any deliberate failure to act, by his employer if the act or failure takes place ”.

(3) In subsection (3) for “have action short of dismissal taken against him” substitute “ be subjected to any detriment as an individual by any act, or any deliberate failure to act, by his employer if the act or failure takes place ”.

(4) In subsection (4) for “action short of dismissal taken against him” substitute “ a detriment to which he has been subjected as an individual by an act of his employer taking place ”.

(5) In subsection (5) for “action has been taken against him” substitute “ he has been subjected to a detriment ”.

(6) After subsection (5) insert—

(6) For the purposes of this section detriment is detriment short of dismissal.

Time limit for proceedings

3

(1) Section 147 shall be amended as follows.

(2) Before “An” insert “ (1) ”.

(3) In paragraph (a) of subsection (1) (as created by sub-paragraph (2) above) for the words from “action to which” to “those actions” substitute “ act or failure to which the complaint relates or, where that act or failure is part of a series of similar acts or failures (or both) the last of them ”.

(4) After subsection (1) (as created by sub-paragraph (2) above) insert—

(2) For the purposes of subsection (1)— (a) where an act extends over a period, the reference to the date of the act is a reference to the last day of that period; (b) a failure to act shall be treated as done when it was decided on. (3) For the purposes of subsection (2), in the absence of evidence establishing the contrary an employer shall be taken to decide on a failure to act— (a) when he does an act inconsistent with doing the failed act, or (b) if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.

Consideration of complaint

4

(1) Section 148 shall be amended as follows.

(2) In subsection (1) for “action was taken against the complainant” substitute “ he acted or failed to act ”.

(3) In subsection (2) for “action was taken by the employer or the purpose for which it was taken” substitute “ the employer acted or failed to act, or the purpose for which he did so ”.

(4) In subsection (3)—

(a) for “action was taken by the employer against the complainant” substitute “ the employer acted or failed to act ”;

(b) for the words from “took the action” to “would take” substitute “ acted or failed to act, unless it considers that no reasonable employer would act or fail to act in the way concerned ”.

(5) For subsection (4) substitute—

(4) Where the tribunal determines that— (a) the complainant has been subjected to a detriment by an act or deliberate failure to act by his employer, and (b) the act or failure took place in consequence of a previous act or deliberate failure to act by the employer, paragraph (a) of subsection (3) is satisfied if the purpose mentioned in that paragraph was the purpose of the previous act or failure.

Remedies

5

In section 149 for “action” there shall be substituted “ act or failure ”

(a) in subsections (1), (2) and (3)(a) and (b), and

(b) in subsection (6), in the first place where “action” occurs.

Awards against third parties

6

In section 150(1)—

(a) in paragraph (a) for “action has been taken against the complainant by his employer” there shall be substituted “ the complainant has been subjected to detriment by an act or failure by his employer taking place ”;

(b) in paragraph (b) for “take the action” there shall be substituted “ act or fail to act in the way ”.

SCHEDULE 3

Introduction

1

The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as provided by this Schedule.

Support of ballot

2

(1) Section 226 (requirement of ballot before action by trade union) shall be amended as follows.

(2) In subsection (2) (industrial action to be regarded as having support of ballot only if certain conditions are fulfilled) in paragraph (a)(ii) for “231A” substitute “ 231 ”, omit the word “and” at the end of paragraph (b), and after paragraph (b) insert—

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

(3) After subsection (3) insert—

(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.

Documents for employers

3

(1) Section 226A (notice of ballot and sample voting paper for employers) shall be amended as follows.

(2) In subsection (2)(c) (notice of ballot must describe employees entitled to vote) for “describing (so that he can readily ascertain them) the employees of the employer” substitute “ containing such information in the union’s possession as would help the employer to make plans and bring information to the attention of those of his employees ”.

(3) After subsection (3) insert—

(3A) These rules apply for the purposes of paragraph (c) of subsection (2)— (a) if the union possesses information as to the number, category or work-place of the employees concerned, a notice must contain that information (at least); (b) if a notice does not name any employees, that fact shall not be a ground for holding that it does not comply with paragraph (c) of subsection (2). (3B) In subsection (3) references to employees are to employees of the employer concerned.

Entitlement to vote

4

In section 227 (entitlement to vote in ballot) subsection (2) (position where member is denied entitlement to vote) shall be omitted.

Separate workplace ballots

5

The following shall be substituted for section 228 (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. (228A) (1) Where section 228(3) would require separate ballots to be held for each workplace, a ballot may be held in place of some or all of the separate ballots if one of subsections (2) to (4) is satisfied in relation to it. (2) This subsection is satisfied in relation to a ballot if the workplace of each member entitled to vote in the ballot is the workplace of at least one member of the union who is affected by the dispute. (3) This subsection is satisfied in relation to a ballot if entitlement to vote is accorded to, and limited to, all the members of the union who— (a) according to the union’s reasonable belief have an occupation of a particular kind or have any of a number of particular kinds of occupation, and (b) are employed by a particular employer, or by any of a number of particular employers, with whom the union is in dispute. (4) This subsection is satisfied in relation to a ballot if entitlement to vote is accorded to, and limited to, all the members of the union who are employed by a particular employer, or by any of a number of particular employers, with whom the union is in dispute. (5) For the purposes of subsection (2) the following are members of the union affected by a dispute— (a) if the dispute relates (wholly or partly) to a decision which the union reasonably believes the employer has made or will make concerning a matter specified in subsection (1)(a), (b) or (c) of section 244 (meaning of “trade dispute”), members whom the decision directly affects, (b) if the dispute relates (wholly or partly) to a matter specified in subsection (1)(d) of that section, members whom the matter directly affects, (c) if the dispute relates (wholly or partly) to a matter specified in subsection (1)(e) of that section, persons whose membership or non-membership is in dispute, (d) if the dispute relates (wholly or partly) to a matter specified in subsection (1)(f) of that section, officials of the union who have used or would use the facilities concerned in the dispute.

Voting paper

6

(1) Section 229 (voting paper) shall be amended as follows.

(2) After subsection (2) (voting paper must ask whether voter is prepared to take part in a strike or industrial action short of a strike) insert—

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

(3) At the end of the statement in subsection (4) (statement that industrial action may be a breach of employment contract to be set out on every voting paper) insert—

However, if you are dismissed for taking part in strike or other industrial action which is called officially and is otherwise lawful, the dismissal will be unfair if it takes place fewer than eight weeks after you started taking part in the action, and depending on the circumstances may be unfair if it takes place later.

(4) In the definition of “strike” in section 246 (interpretation) after “means” there shall be inserted “ (except for the purposes of section 229(2)) ”.

Conduct of ballot: merchant seamen

7

In section 230 (conduct of ballot) for subsections (2A) and (2B) there shall be substituted—

(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.

Inducement

8

After section 232 insert—

(232A) Industrial action shall not be regarded as having the support of a ballot if the following conditions apply in the case of any person— (a) he was a member of the trade union at the time when the ballot was held, (b) it was reasonable at that time for the trade union to believe he would be induced to take part or, as the case may be, to continue to take part in the industrial action, (c) he was not accorded entitlement to vote in the ballot, and (d) he was induced by the trade union to take part or, as the case may be, to continue to take part in the industrial action.

Disregard of certain failures

9

After section 232A there shall be inserted—

(232B) (1) If— (a) in relation to a ballot there is a failure (or there are failures) to comply with a provision mentioned in subsection (2) or with more than one of those provisions, and (b) the failure is accidental and on a scale which is unlikely to affect the result of the ballot or, as the case may be, the failures are accidental and taken together are on a scale which is unlikely to affect the result of the ballot, the failure (or failures) shall be disregarded. (2) The provisions are section 227(1), section 230(2) and section 230(2A).

Period of ballot’s effectiveness

10

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Notice of industrial action

11

(1) Section 234A (notice to employers of industrial action) shall be amended as follows.

(2) In subsection (3)(a) (notice relating to industrial action must describe employees intended to take part in industrial action) for “describes (so that he can readily ascertain them) the employees of the employer who” substitute “ contains such information in the union’s possession as would help the employer to make plans and bring information to the attention of those of his employees whom ”.

(3) After subsection (5) insert—

(5A) These rules apply for the purposes of paragraph (a) of subsection (3)— (a) if the union possesses information as to the number, category or work-place of the employees concerned, a notice must contain that information (at least); (b) if a notice does not name any employees, that fact shall not be a ground for holding that it does not comply with paragraph (a) of subsection (3).

(4) In subsection (7)—

(a) insert at the beginning the words “ Subject to subsections (7A) and (7B), ”, and

(b) in paragraph (a) the words “otherwise than to enable the union to comply with a court order or an undertaking given to a court” shall cease to have effect.

(5) After subsection (7) insert—

(7A) Subsection (7) shall not apply where industrial action ceases to be authorised or endorsed in order to enable the union to comply with a court order or an undertaking given to a court. (7B) Subsection (7) shall not apply where— (a) a union agrees with an employer, before industrial action ceases to be authorised or endorsed, that it will cease to be authorised or endorsed with effect from a date specified in the agreement (“the suspension date”) and that it may again be authorised or endorsed with effect from a date not earlier than a date specified in the agreement (“the resumption date”), (b) the action ceases to be authorised or endorsed with effect from the suspension date, and (c) the action is again authorised or endorsed with effect from a date which is not earlier than the resumption date or such later date as may be agreed between the union and the employer.

(6) In subsection (9) for “subsection (7)” substitute “ subsections (7) to (7B) ”.

SCHEDULE 4

Part I — Maternity Leave and Parental Leave

New Part VIII of Employment Rights Act 1996

Part II — Time off for Dependants

Provisions to be Inserted after Section 57 of the Employment Rights Act 1996

Part III — Consequential Amendments

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

1

The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as follows.

2

In section 237(1A) (dismissal of those taking part in unofficial industrial action)—

(a) for the words from “section 99(1) to (3)” to the end substitute

or under— (a) section 99, 100, 101A(d), 103 or 103A of the Employment Rights Act 1996 (dismissal in family, health and safety, working time, employee representative and protected disclosure cases), (b) section 104 of that Act in its application in relation to time off under section 57A of that Act (dependants);

and

(b) at the end insert “ ; and a reference to a specified reason for dismissal includes a reference to specified circumstances of dismissal ”.

3

In section 238(2A) (dismissal in connection with other industrial action)—

(a) for the words from “section 99(1) to (3)” to the end substitute

or under— (a) section 99, 100, 101A(d) or 103 of the Employment Rights Act 1996 (dismissal in family, health and safety, working time and employee representative cases), (b) section 104 of that Act in its application in relation to time off under section 57A of that Act (dependants);

and

(b) at the end insert “ ; and a reference to a specified reason for dismissal includes a reference to specified circumstances of dismissal ”.

Employment Tribunals Act 1996 (c. 17)

4

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

Employment Rights Act 1996 (c. 18)

5

The Employment Rights Act 1996 shall be amended as follows.

6

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7

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

8

After section 47B (protection from detriment: disclosures) insert—

(47C) (1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done for a prescribed reason. (2) A prescribed reason is one which is prescribed by regulations made by the Secretary of State and which relates to— (a) pregnancy, childbirth or maternity, (b) ordinary, compulsory or additional maternity leave, (c) parental leave, or (d) time off under section 57A. (3) A reason prescribed under this section in relation to parental leave may relate to action which an employee takes, agrees to take or refuses to take under or in respect of a collective or workforce agreement. (4) Regulations under this section may make different provision for different cases or circumstances.

9

In section 48(1) (detriment: complaints to employment tribunals) for “or 47A” substitute “ , 47A or 47C ”.

10

In section 88(1)(c) (notice period: employment with normal working hours) after “childbirth” insert “ or on parental leave ”.

11

In section 89(3)(b) (notice period: employment without normal working hours) after “childbirth” insert “ or on parental leave ”.

12

In section 92(4)(b) (right to written statement of reasons for dismissal) for “maternity leave period” substitute “ ordinary or additional maternity leave period ”.

13

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

14

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

15

In section 98 (fairness of dismissal)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (6) for “subsections (4) and (5)” substitute “ subsection (4) ”.

16

For section 99 (unfair dismissal: pregnancy and childbirth) substitute—

(99) (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if— (a) the reason or principal reason for the dismissal is of a prescribed kind, or (b) the dismissal takes place in prescribed circumstances. (2) In this section “prescribed” means prescribed by regulations made by the Secretary of State. (3) A reason or set of circumstances prescribed under this section must relate to— (a) pregnancy, childbirth or maternity, (b) ordinary, compulsory or additional maternity leave, (c) parental leave, or (d) time off under section 57A; and it may also relate to redundancy or other factors. (4) A reason or set of circumstances prescribed under subsection (1) satisfies subsection (3)(c) or (d) if it relates to action which an employee— (a) takes, (b) agrees to take, or (c) refuses to take, under or in respect of a collective or workforce agreement which deals with parental leave. (5) Regulations under this section may— (a) make different provision for different cases or circumstances; (b) apply any enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to persons regarded as unfairly dismissed by reason of this section.

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22

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23

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24

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25

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26

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27

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28

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29

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30

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31

In section 192(2) (armed forces)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (b) for “55 to 57” substitute “ 55 to 57B ”.

32

In section 194(2)(c) (House of Lords staff) for “and 47” substitute “ , 47 and 47C ”.

33

In section 195(2)(c) (House of Commons staff) for “and 47” substitute “ , 47 and 47C ”.

34

In section 199 (mariners)—

(a) in subsection (2) for “50 to 57” substitute “ 47C, 50 to 57B ”.

(b) in subsection (2) omit the words “(subject to subsection (3))”, and

35

In section 200(1) (police officers)—

(a) after “47B,” insert “ 47C, ”,

(b) for “to 57” substitute “ to 57B ”,

(d) omit “and section 137”.

36

In section 202(2) (national security)—

(a) in paragraph (b) for “and 47” substitute “ , 47 and 47C ”,

(b) in paragraph (c) for “55 to 57” substitute “ 55 to 57B ”, and

(i) by section 99, 100, 101A(d) or 103, or by section 104 in its application in relation to time off under section 57A,

37

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

38

(1) Section 212 (weeks counted in computing period of employment) is amended as follows.

(2) Omit subsection (2).

(3) In subsection (3)—

(a) insert “or” after paragraph (b),

(b) omit “or” after paragraph (c), and

(4) In subsection (4) omit “or (subject to subsection (2)) subsection (3)(d)”.

39

In section 225(5)(b) (calculation date: rights during employment) for sub-paragraph (i) substitute—

(i) where the day before that on which the suspension begins falls during a period of ordinary or additional maternity leave, the day before the beginning of that period,

40

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

41

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

42

(1) Section 236 (orders and regulations) shall be amended as follows.

(2) In subsection (2)(a) after “order” insert “ or regulations ”.

(3) In subsection (3)—

(a) after “and no order” insert “ or regulations ”,

(b) for “72(3), 73(5), 79(3),” substitute “ 47C, 71, 72, 73, 76, 99, ”, and

SCHEDULE 5

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

1

The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as follows.

2

In section 238 (dismissals in connection with industrial action) after subsection (2A) there shall be inserted—

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

3

The following shall be inserted after section 238—

(238A) (1) For the purposes of this section an employee takes protected industrial action if he commits an act which, or a series of acts each of which, he is induced to commit by an act which by virtue of section 219 is not actionable in tort. (2) An employee who is dismissed shall be regarded for the purposes of Part X of the Employment Rights Act 1996 (unfair dismissal) as unfairly dismissed if— (a) the reason (or, if more than one, the principal reason) for the dismissal is that the employee took protected industrial action, and (b) subsection (3), (4) or (5) applies to the dismissal. (3) This subsection applies to a dismissal if it takes place within the period of eight weeks beginning with the day on which the employee started to take protected industrial action. (4) This subsection applies to a dismissal if— (a) it takes place after the end of that period, and (b) the employee had stopped taking protected industrial action before the end of that period. (5) This subsection applies to a dismissal if— (a) it takes place after the end of that period, (b) the employee had not stopped taking protected industrial action before the end of that period, and (c) the employer had not taken such procedural steps as would have been reasonable for the purposes of resolving the dispute to which the protected industrial action relates. (6) In determining whether an employer has taken those steps regard shall be had, in particular, to— (a) whether the employer or a union had complied with procedures established by any applicable collective or other agreement; (b) whether the employer or a union offered or agreed to commence or resume negotiations after the start of the protected industrial action; (c) whether the employer or a union unreasonably refused, after the start of the protected industrial action, a request that conciliation services be used; (d) whether the employer or a union unreasonably refused, after the start of the protected industrial action, a request that mediation services be used in relation to procedures to be adopted for the purposes of resolving the dispute. (7) In determining whether an employer has taken those steps no regard shall be had to the merits of the dispute. (8) For the purposes of this section no account shall be taken of the repudiation of any act by a trade union as mentioned in section 21 in relation to anything which occurs before the end of the next working day (within the meaning of section 237) after the day on which the repudiation takes place.

4

(1) Section 239 (supplementary provisions relating to unfair dismissal) shall be amended as follows.

(2) In subsection (1) for “Sections 237 and 238” there shall be substituted “ Sections 237 to 238A ”.

(3) At the end of subsection (1) there shall be added “ ; but sections 108 and 109 of that Act (qualifying period and age limit) shall not apply in relation to section 238A of this Act. ”

(4) In subsection (2) after “section 238” there shall be inserted “ or 238A ”.

(5) At the end there shall be added—

(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.

Employment Rights Act 1996 (c. 18)

5

(1) Section 105 of the Employment Rights Act 1996 (redundancy) shall be amended as follows.

(2) In subsection (1)(c) for “subsections (2) to (7)” there shall be substituted “ subsections (2) to (7C). ”.

(3) After subsection (7B) (inserted by Schedule 3 to the Tax Credits Act 1999) there shall be inserted—

(7C) This subsection applies if— (a) the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was the reason mentioned in section 238A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (participation in official industrial action), and (b) subsection (3), (4) or (5) of that section applies to the dismissal.

SCHEDULE 6

Introduction

1

The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as provided by this Schedule.

Register of members

2

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

3

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

4

(1) Section 25 (application to Certification Officer for declaration of breach of duty regarding register of members’ names and addresses) shall be amended as follows.

(2) In subsection (2)(b) (duty to give opportunity to be heard where Certification Officer considers it appropriate) omit “where he considers it appropriate,”.

(3) After subsection (5) insert—

(5A) Where the Certification Officer makes a declaration he shall also, unless he considers that to do so would be inappropriate, make an enforcement order, that is, an order imposing on the union one or both of the following requirements— (a) to take such steps to remedy the declared failure, within such period, as may be specified in the order; (b) to abstain from such acts as may be so specified with a view to securing that a failure of the same or a similar kind does not occur in future. (5B) Where an enforcement order has been made, any person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if he had made the application on which the order was made.

(4) After subsection (8) insert—

(9) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court. (10) An enforcement order made by the Certification Officer under this section may be enforced in the same way as an order of the court. (11) The following paragraphs have effect if a person applies under section 26 in relation to an alleged failure— (a) that person may not apply under this section in relation to that failure; (b) on an application by a different person under this section in relation to that failure, the Certification Officer shall have due regard to any declaration, order, observations or reasons made or given by the court regarding that failure and brought to the Certification Officer’s notice.

5

(1) Section 26 (application to court for declaration of breach of duty regarding register of members’ names and addresses) shall be amended as follows.

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

(3) After subsection (7) insert—

(8) The following paragraphs have effect if a person applies under section 25 in relation to an alleged failure— (a) that person may not apply under this section in relation to that failure; (b) on an application by a different person under this section in relation to that failure, the court shall have due regard to any declaration, order, observations or reasons made or given by the Certification Officer regarding that failure and brought to the court’s notice.

Accounting records

6

(1) Section 31 (remedy for failure to comply with request for access to accounting records) shall be amended as follows.

(2) In subsection (1) after “the court” insert “ or to the Certification Officer ”.

(3) In subsection (2) (court to make order if claim well-founded) after “Where” insert “ on an application to it ” and for “that person” substitute “ the applicant ”.

(4) After subsection (2) insert—

(2A) On an application to him the Certification Officer shall— (a) make such enquiries as he thinks fit, and (b) give the applicant and the trade union an opportunity to be heard. (2B) Where the Certification Officer is satisfied that the claim is well-founded he shall make such order as he considers appropriate for ensuring that the applicant— (a) is allowed to inspect the records requested, (b) is allowed to be accompanied by an accountant when making the inspection of those records, and (c) is allowed to take, or is supplied with, such copies of, or of extracts from, the records as he may require. (2C) In exercising his functions under this section the Certification Officer shall ensure that, so far as is reasonably practicable, an application made to him is determined within six months of being made.

(5) In subsection (3) (court’s power to grant interlocutory relief) after “an application” insert “ to it ”.

(6) After subsection (3) insert—

(4) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date. (5) An order made by the Certification Officer under this section may be enforced in the same way as an order of the court. (6) If a person applies to the court under this section in relation to an alleged failure he may not apply to the Certification Officer under this section in relation to that failure. (7) If a person applies to the Certification Officer under this section in relation to an alleged failure he may not apply to the court under this section in relation to that failure.

Offenders

7

(1) Section 45C (application to Certification Officer or court for declaration of breach of duty to secure positions not held by certain offenders) shall be amended as follows.

(2) In subsection (2) (Certification Officer’s powers and duties) insert before paragraph (a)—

(aa) shall make such enquiries as he thinks fit,

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

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

(5) After subsection (5) insert—

(5A) Where the Certification Officer makes a declaration he shall also, unless he considers that it would be inappropriate, make an order imposing on the trade union a requirement to take within such period as may be specified in the order such steps to remedy the declared failure as may be so specified. (5B) The following paragraphs have effect if a person applies to the Certification Officer under this section in relation to an alleged failure— (a) that person may not apply to the court under this section in relation to that failure; (b) on an application by a different person to the court under this section in relation to that failure, the court shall have due regard to any declaration, order, observations or reasons made or given by the Certification Officer regarding that failure and brought to the court’s notice. (5C) The following paragraphs have effect if a person applies to the court under this section in relation to an alleged failure— (a) that person may not apply to the Certification Officer under this section in relation to that failure; (b) on an application by a different person to the Certification Officer under this section in relation to that failure, the Certification Officer shall have regard to any declaration, order, observations or reasons made or given by the court regarding that failure and brought to the Certification Officer’s notice.

(6) In subsection (6) (entitlement to enforce order) after “been made” insert “ under subsection (5) or (5A) ”.

(7) After subsection (6) insert—

(7) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date. (8) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court. (9) An order made by the Certification Officer under this section may be enforced in the same way as an order of the court.

Trade union administration: appeals

8

After section 45C there shall be inserted—

(45D) An appeal lies to the Employment Appeal Tribunal on any question of law arising in proceedings before or arising from any decision of the Certification Officer under section 25, 31 or 45C.

Elections

9

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

10

(1) Section 55 (application to Certification Officer for declaration of breach of duty regarding elections) shall be amended as follows.

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

(3) After subsection (5) insert—

(5A) Where the Certification Officer makes a declaration he shall also, unless he considers that to do so would be inappropriate, make an enforcement order, that is, an order imposing on the union one or more of the following requirements— (a) to secure the holding of an election in accordance with the order; (b) to take such other steps to remedy the declared failure as may be specified in the order; (c) to abstain from such acts as may be so specified with a view to securing that a failure of the same or a similar kind does not occur in future. The Certification Officer shall in an order imposing any such requirement as is mentioned in paragraph (a) or (b) specify the period within which the union is to comply with the requirements of the order. (5B) Where the Certification Officer makes an order requiring the union to hold a fresh election, he shall (unless he considers that it would be inappropriate to do so in the particular circumstances of the case) require the election to be conducted in accordance with the requirements of this Chapter and such other provisions as may be made by the order. (5C) Where an enforcement order has been made— (a) any person who is a member of the union and was a member at the time the order was made, or (b) any person who is or was a candidate in the election in question, is entitled to enforce obedience to the order as if he had made the application on which the order was made.

(4) After subsection (7) insert—

(8) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court. (9) An enforcement order made by the Certification Officer under this section may be enforced in the same way as an order of the court. (10) The following paragraphs have effect if a person applies under section 56 in relation to an alleged failure— (a) that person may not apply under this section in relation to that failure; (b) on an application by a different person under this section in relation to that failure, the Certification Officer shall have due regard to any declaration, order, observations or reasons made or given by the court regarding that failure and brought to the Certification Officer’s notice.

11

(1) Section 56 (application to court for declaration of failure to comply with requirements regarding elections) shall be amended as follows.

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

(3) After subsection (7) insert—

(8) The following paragraphs have effect if a person applies under section 55 in relation to an alleged failure— (a) that person may not apply under this section in relation to that failure; (b) on an application by a different person under this section in relation to that failure, the court shall have due regard to any declaration, order, observations or reasons made or given by the Certification Officer regarding that failure and brought to the court’s notice.

12

After section 56 there shall be inserted—

(56A) An appeal lies to the Employment Appeal Tribunal on any question of law arising in proceedings before or arising from any decision of the Certification Officer under section 55.

Application of funds for political objects

13

After section 72 there shall be inserted—

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Employment Relations Act 1999

Trade unions

Collective bargaining: recognition

1

Detriment related to trade union membership

2

Blacklists

3

Ballots and notices

4

Training

5

Unfair dismissal connected with recognition: interim relief

6

Leave for family and domestic reasons

Maternity and parental leave

7

Time off for domestic incidents

8

Consequential amendments

9

Disciplinary and grievance hearings

Right to be accompanied

10

Complaint to employment tribunal

11

Detriment and dismissal

12

Interpretation

13

Contracting out and conciliation

14

National security employees

15

Other rights of individuals

Unfair dismissal of striking workers

16

Collective agreements: detriment and dismissal.

17

Agreement to exclude dismissal rights

18

Part-time work: discrimination

19

Part-time work: code of practice

20

Code of practice: supplemental

21

National minimum wage: communities

22

Power to confer rights on individuals

23

CAC, ACAS, Commissioners and Certification Officer

CAC: members

24

CAC: proceedings

25

ACAS: general duty

26

ACAS: reports

27

Abolition of Commissioners

28

The Certification Officer

29

Miscellaneous

Partnerships at work

30

Employment agencies

31

Employment rights: employment outside Great Britain

32

Unfair dismissal: special and additional awards

33

Indexation of amounts, &c

34

Guarantee payments

35

Sections 33 to 35: consequential

36

Compensatory award etc: removal of limit in certain cases