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Employment Relations Act 1999

Current text a fecha 1999-07-27

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.

Detriment related to trade union membership

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 by employers or employment agencies 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.

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

(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) 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.

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

(a) is chosen by the worker and is within subsection (3),

(b) is to be permitted to address the hearing (but not to answer questions on behalf of the worker), and

(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) and (4), 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(2) 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.

(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) No award shall be made under subsection (3) in respect of a claim which is made in the course of a claim for unfair dismissal if the tribunal makes a supplementary award under section 127A(2) of the Employment Rights Act 1996 (internal appeal procedures).

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(2) 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(2) 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.

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)(d) 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

(1) The Secretary of State may make regulations about cases where a worker—

(a) is subjected to detriment by his employer, or

(b) is dismissed,

on the grounds that he refuses to enter into a contract which includes terms which differ from the terms of a collective agreement which applies to him.

(2) The regulations may—

(a) make provision which applies only in specified classes of case;

(b) make different provision for different circumstances;

(3) In this section—

“collective agreement” has the meaning given by section 178(1) of the Trade Union and Labour Relations (Consolidation) Act 1992; and

“employer” and “worker” have the same meaning as in section 296 of that Act.

(4) The payment of higher wages or higher rates of pay or overtime or the payment of any signing on or other bonuses or the provision of other benefits having a monetary value to other workers employed by the same employer shall not constitute a detriment to any worker not receiving the same or similar payments or benefits within the meaning of subsection (1)(a) of this section so long as—

(a) there is no inhibition in the contract of employment of the worker receiving the same from being the member of any trade union, and

(b) the said payments of higher wages or rates of pay or overtime or bonuses or the provision of other benefits are in accordance with the terms of a contract of employment and reasonably relate to services provided by the worker under that contract.

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) In paragraph 1 of Schedule 3 to the Tax Credits Act 1999, for sub-paragraph (3) there shall be substituted—

(3) This paragraph 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 employee 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.

(6) Section 197(1) of the Employment Rights Act 1996 does not prevent Part X of that Act from applying to a dismissal which is regarded as unfair by virtue of section 99 or 104 of that Act (pregnancy and childbirth, and assertion of statutory right).

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) Without prejudice to the generality of this section the regulations may make any provision which appears to the Secretary of State to be necessary or expedient—

(a) for the purpose of implementing Council Directive 97/81/EC on the framework agreement on part-time work in its application to terms and conditions of employment;

(b) for the purpose of dealing with any matter arising out of or related to the United Kingdom’s obligations under that Directive;

(c) for the purpose of any matter dealt with by the framework agreement or for the purpose of applying the provisions of the framework agreement to any matter relating to part-time workers.

(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;

(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, whether by amending Acts or instruments or otherwise.

(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) These offices shall cease to exist—

(a) the office of Commissioner for the Rights of Trade Union Members;

(b) the office of Commissioner for Protection Against Unlawful Industrial Action.

(2) In the Trade Union and Labour Relations (Consolidation) Act 1992 these provisions shall cease to have effect—

(a) Chapter VIII of Part I (provision by Commissioner for the Rights of Trade Union Members of assistance in relation to certain proceedings);

(b) sections 235B and 235C (provision of assistance by Commissioner for Protection Against Unlawful Industrial Action of assistance in relation to certain proceedings);

(c) section 266 (and the heading immediately preceding it) and sections 267 to 271 (Commissioners' appointment, remuneration, staff, reports, accounts, etc.).

(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) The following provisions (which require, or relate to, the making of special awards by employment tribunals in unfair dismissal cases) shall cease to have effect—

(a) sections 117(4)(b), 118(2) and (3) and 125 of the Employment Rights Act 1996 (and the word “or” before section 117(4)(b));

(b) sections 157 and 158 of the Trade Union and Labour Relations (Consolidation) Act 1992.

(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”; and subsections (5) and (6) of section 117 shall cease to have effect.

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

(a) subsection (1) shall cease to have effect, and

(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—

(a) section 31(1) of the Employment Rights Act 1996 (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);

(f) section 156(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (unfair dismissal: minimum basic award);

(g) section 176(6) 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 as soon as practicable 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.

(3) In making the calculation required by subsection (2) the Secretary of State shall—

(a) in the case of the sum mentioned in subsection (1)(a), round the result up to the nearest 10 pence,

(b) in the case of the sums mentioned in subsection (1)(b), (c), (f) and (g), round the result up to the nearest £100, and

(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).

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

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

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

(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) Section 127B of that Act (power to specify method of calculation of compensation where dismissal a result of protected disclosure) shall cease to have effect.

Transfer of undertakings

38

(1) This section applies where regulations under section 2(2) of the European Communities Act 1972 (general implementation of Treaties) make provision for the purpose of implementing, or for a purpose concerning, a Community obligation of the United Kingdom which relates to the treatment of employees on the transfer of an undertaking or business or part of an undertaking or business.

(2) The Secretary of State may by regulations make the same or similar provision in relation to the treatment of employees in circumstances other than those to which the Community obligation applies (including circumstances in which there is no transfer, or no transfer to which the Community obligation 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

(1) In paragraph 27(3)(b) of Schedule 16 to the School Standards and Framework Act 1998 (dismissal of staff: representations and appeal) for “for a period of two years or more (within the meaning of the Employment Rights Act 1996)” there shall be substituted “, within the meaning of the Employment Rights Act 1996, for a period at least as long as the period for the time being specified in section 108(1) of that Act (unfair dismissal: qualifying period)”.

(2) In paragraph 24(4)(b) of Schedule 17 to the School Standards and Framework Act 1998 (dismissal of staff: representations and appeal) for “for a period of two years or more (within the meaning of the Employment Rights Act 1996)” there shall be substituted “, within the meaning of the Employment Rights Act 1996, for a period at least as long as the period for the time being specified in section 108(1) of that Act (unfair dismissal: qualifying period)”.

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

In section 234 (period after which ballot ceases to be effective) for subsection (1) there shall be substituted—

(1) Subject to the following provisions, a ballot ceases to be effective for the purposes of section 233(3)(b) in relation to industrial action by members of a trade union at the end of the period, beginning with the date of the ballot— (a) of four weeks, or (b) of such longer duration not exceeding eight weeks as is agreed between the union and the members' employer.

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

In section 13(2) of the Employment Tribunals Act 1996 (costs and expenses) the following shall cease to have effect—

(a) the word “or” after paragraph (a),

(b) paragraph (b), and

Employment Rights Act 1996 (c. 18)

5

The Employment Rights Act 1996 shall be amended as follows.

6

In section 37 (contractual requirements for Sunday work: protected workers) omit the following—

(a) subsection (4),

(b) the word “and” after subsection (5)(a), and

7

In section 43 (contractual requirements relating to Sunday work: opting out) omit the following—

(a) subsection (4),

(b) the word “and” after subsection (5)(a), and

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

Omit section 96 (failure to permit return after childbirth treated as dismissal).

14

Omit section 97(6) (effective date of termination: section 96).

15

In section 98 (fairness of dismissal)—

(a) omit subsection (5), and

(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.

17

In section 105 (unfair dismissal: redundancy) omit subsection (2).

18

In section 108 (qualifying period of employment) omit subsection (3)(a).

19

In section 109 (upper age limit) omit subsection (2)(a).

20

In section 114 (order for reinstatement) omit subsection (5).

21

In section 115 (order for re-engagement) omit subsection (4).

22

In section 118(1)(b) (compensation: general) omit “, 127”.

23

In section 119 (compensation: basic award) omit subsection (6).

24

Omit section 127 (dismissal at or after end of maternity leave period).

25

Omit section 137 (failure to permit return after childbirth treated as dismissal).

26

In section 145 (redundancy payments: relevant date) omit subsection (7).

27

In section 146 (supplemental provisions) omit subsection (3).

28

In section 156 (upper age limit) omit subsection (2).

29

In section 157 (exemption orders) omit subsection (6).

30

In section 162 (amount of redundancy payment) omit subsection (7).

31

In section 192(2) (armed forces)—

(a) after paragraph (aa) insert—

(ab) section 47C,

, and

(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

In section 209 (power to amend Act) omit subsection (6).

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

In section 226 (rights on termination) omit subsections (3)(a) and (5)(a).

41

In section 235(1) (interpretation: other definitions) omit the definitions of “maternity leave period” and “notified day of return”.

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

In section 24 (duty to maintain register of members' names and addresses) the second sentence of subsection (6) (application to Certification Officer does not prevent application to court) shall be omitted.

3

In section 24A (securing confidentiality of register during ballots) the second sentence of subsection (6) (application to Certification Officer does not prevent application to court) shall be omitted.

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) Omit subsection (2) (position where application in respect of the same matter has been made to Certification Officer).

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

(4) Omit subsections (3) and (4) (different applications in respect of the same matter).

(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

In section 54 (remedy for failure to comply with the duty regarding elections) the second sentence of subsection (1) (application to Certification Officer does not prevent application to court) shall be omitted.

10

(1) Section 55 (application to Certification Officer for declaration of breach of duty regarding elections) 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 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) Omit subsection (2) (position where application in respect of the same matter has been made to the Certification Officer).

(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—

(72A) (1) A person who is a member of a trade union and who claims that it has applied its funds in breach of section 71 may apply to the Certification Officer for a declaration that it has done so. (2) On an application under this section the Certification Officer— (a) shall make such enquiries as he thinks fit, (b) shall give the applicant and the union an opportunity to be heard, (c) shall ensure that, so far as is reasonably practicable, the application is determined within six months of being made, (d) may make or refuse the declaration asked for, (e) shall, whether he makes or refuses the declaration, give reasons for his decision in writing, and (f) may make written observations on any matter arising from, or connected with, the proceedings. (3) If he makes a declaration he shall specify in it— (a) the provisions of section 71 breached, and (b) the amount of the funds applied in breach. (4) If he makes a declaration and is satisfied that the union has taken or agreed to take steps with a view to— (a) remedying the declared breach, or (b) securing that a breach of the same or any similar kind does not occur in future, he shall specify those steps in making the declaration. (5) If he makes a declaration he may make such order for remedying the breach as he thinks just under the circumstances. (6) 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. (7) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court. (8) Where an order has been made under this section, 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. (9) An order made by the Certification Officer under this section may be enforced in the same way as an order of the court. (10) If a person applies to the Certification Officer under this section in relation to an alleged breach he may not apply to the court in relation to the breach; but nothing in this subsection shall prevent such a person from exercising any right to appeal against or challenge the Certification Officer’s decision on the application to him. (11) If— (a) a person applies to the court in relation to an alleged breach, and (b) the breach is one in relation to which he could have made an application to the Certification Officer under this section, he may not apply to the Certification Officer under this section in relation to the breach.

Political ballot rules

14

In section 79 (remedy for failure to comply with political ballot rules) the second sentence of subsection (1) (application to Certification Officer does not prevent application to court) shall be omitted.

15

(1) Section 80 (application to Certification Officer for declaration of failure to comply with political ballot rules) 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 more of the following requirements— (a) to secure the holding of a ballot 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 must comply with the requirements of the order. (5B) Where the Certification Officer makes an order requiring the union to hold a fresh ballot, he shall (unless he considers that it would be inappropriate to do so in the particular circumstances of the case) require the ballot to be conducted in accordance with the union’s political ballot rules and such other provisions as may be made by the order. (5C) Where an enforcement order has been made, any person who is a member of the union and was a member at the time the order 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 (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 81 in relation to a matter— (a) that person may not apply under this section in relation to that matter; (b) on an application by a different person under this section in relation to that matter, the Certification Officer shall have due regard to any declaration, order, observations, or reasons made or given by the court regarding that matter and brought to the Certification Officer’s notice.

16

(1) Section 81 (application to court for declaration of failure to comply with political ballot rules) shall be amended as follows.

(2) Omit subsection (2) (position where application in respect of the same matter has been made to Certification Officer).

(3) After subsection (7) insert—

(8) The following paragraphs have effect if a person applies under section 80 in relation to a matter— (a) that person may not apply under this section in relation to that matter; (b) on an application by a different person under this section in relation to that matter, the court shall have due regard to any declaration, order, observations or reasons made or given by the Certification Officer regarding that matter and brought to the court’s notice.

Political fund

17

(1) Section 82 (rules as to political fund) shall be amended as follows.

(2) After subsection (2) insert—

(2A) On a complaint being made to him the Certification Officer shall make such enquiries as he thinks fit.

(3) After subsection (3) insert—

(3A) 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.

Amalgamation or transfer of engagements

18

(1) Section 103 (complaints about procedure relating to amalgamation or transfer of engagements) shall be amended as follows.

(2) After subsection (2) insert—

(2A) On a complaint being made to him the Certification Officer shall make such enquiries as he thinks fit.

(3) After subsection (5) insert—

(6) 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. (7) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court. (8) Where an order has been made under this section, 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. (9) An order made by the Certification Officer under this section may be enforced in the same way as an order of the court.

Breach of union rules

19

In Part I, after Chapter VII there shall be inserted—

(108A) (1) A person who claims that there has been a breach or threatened breach of the rules of a trade union relating to any of the matters mentioned in subsection (2) may apply to the Certification Officer for a declaration to that effect, subject to subsections (3) to (7). (2) The matters are— (a) the appointment or election of a person to, or the removal of a person from, any office; (b) disciplinary proceedings by the union (including expulsion); (c) the balloting of members on any issue other than industrial action; (d) the constitution or proceedings of any executive committee or of any decision-making meeting; (e) such other matters as may be specified in an order made by the Secretary of State. (3) The applicant must be a member of the union, or have been one at the time of the alleged breach or threatened breach. (4) A person may not apply under subsection (1) in relation to a claim if he is entitled to apply under section 80 in relation to the claim. (5) No application may be made regarding— (a) the dismissal of an employee of the union; (b) disciplinary proceedings against an employee of the union. (6) An application must be made— (a) within the period of six months starting with the day on which the breach or threatened breach is alleged to have taken place, or (b) if within that period any internal complaints procedure of the union is invoked to resolve the claim, within the period of six months starting with the earlier of the days specified in subsection (7). (7) Those days are— (a) the day on which the procedure is concluded, and (b) the last day of the period of one year beginning with the day on which the procedure is invoked. (8) The reference in subsection (1) to the rules of a union includes references to the rules of any branch or section of the union. (9) In subsection (2)(c) “industrial action” means a strike or other industrial action by persons employed under contracts of employment. (10) For the purposes of subsection (2)(d) a committee is an executive committee if— (a) it is a committee of the union concerned and has power to make executive decisions on behalf of the union or on behalf of a constituent body, (b) it is a committee of a major constituent body and has power to make executive decisions on behalf of that body, or (c) it is a sub-committee of a committee falling within paragraph (a) or (b). (11) For the purposes of subsection (2)(d) a decision-making meeting is— (a) a meeting of members of the union concerned (or the representatives of such members) which has power to make a decision on any matter which, under the rules of the union, is final as regards the union or which, under the rules of the union or a constituent body, is final as regards that body, or (b) a meeting of members of a major constituent body (or the representatives of such members) which has power to make a decision on any matter which, under the rules of the union or the body, is final as regards that body. (12) For the purposes of subsections (10) and (11), in relation to the trade union concerned— (a) a constituent body is any body which forms part of the union, including a branch, group, section or region; (b) a major constituent body is such a body which has more than 1,000 members. (13) Any order under subsection (2)(e) shall be made by statutory instrument; and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament. (14) If a person applies to the Certification Officer under this section in relation to an alleged breach or threatened breach he may not apply to the court in relation to the breach or threatened breach; but nothing in this subsection shall prevent such a person from exercising any right to appeal against or challenge the Certification Officer’s decision on the application to him. (15) If— (a) a person applies to the court in relation to an alleged breach or threatened breach, and (b) the breach or threatened breach is one in relation to which he could have made an application to the Certification Officer under this section, he may not apply to the Certification Officer under this section in relation to the breach or threatened breach. (108B) (1) The Certification Officer may refuse to accept an application under section 108A unless he is satisfied that the applicant has taken all reasonable steps to resolve the claim by the use of any internal complaints procedure of the union. (2) If he accepts an application under section 108A the Certification Officer— (a) shall make such enquiries as he thinks fit, (b) shall give the applicant and the union an opportunity to be heard, (c) shall ensure that, so far as is reasonably practicable, the application is determined within six months of being made, (d) may make or refuse the declaration asked for, and (e) shall, whether he makes or refuses the declaration, give reasons for his decision in writing. (3) 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 breach, or withdraw the threat of a breach, 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 breach or threat of the same or a similar kind does not occur in future. (4) The Certification Officer shall in an order imposing any such requirement as is mentioned in subsection (3)(a) specify the period within which the union is to comply with the requirement. (5) 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. (6) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court. (7) 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. (8) An enforcement order made by the Certification Officer under this section may be enforced in the same way as an order of the court. (9) An order under section 108A(2)(e) may provide that, in relation to an application under section 108A with regard to a prescribed matter, the preceding provisions of this section shall apply with such omissions or modifications as may be specified in the order; and a prescribed matter is such matter specified under section 108A(2)(e) as is prescribed under this subsection. (108C) 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 this Chapter.

Employers' associations

20

(1) Section 132 (provisions about application of funds for political objects to apply to unincorporated employers' associations) shall be amended as follows.

(2) For “The” substitute “(1) Subject to subsections (2) to (5), the”.

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

(2) Subsection (1) does not apply to these provisions— (a) section 72A; (b) in section 80, subsections (5A) to (5C) and (8) to (10); (c) in section 81, subsection (8). (3) In its application to an unincorporated employers' association, section 79 shall have effect as if at the end of subsection (1) there were inserted— - “The making of an application to the Certification Officer does not prevent the applicant, or any other person, from making an application to the court in respect of the same matter.” (4) In its application to an unincorporated employers' association, section 80(2)(b) shall have effect as if the words “where he considers it appropriate,” were inserted at the beginning. (5) In its application to an unincorporated employers' association, section 81 shall have effect as if after subsection (1) there were inserted— (2) If an application in respect of the same matter has been made to the Certification Officer, the court shall have due regard to any declaration, reasons or observations of his which are brought to its notice. (21) In section 133 (provisions about amalgamations and similar matters to apply to unincorporated employers' associations) in subsection (2)(c) after “101(3)” there shall be inserted “, 103(2A) and (6) to (9)”. (22) In section 256 (procedure before Certification Officer) for subsection (2) (provision for restricting disclosure of individual’s identity) there shall be substituted— (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. (23) After section 256 there shall be inserted— (256A) (1) The Certification Officer may refuse to entertain any application or complaint made to him under a provision of Chapters III to VIIA of Part I by a vexatious litigant. (2) The Certification Officer must give reasons for such a refusal. (3) Subsection (1) does not apply to a complaint under section 37E(1)(b) or to an application under section 41. (4) For the purposes of subsection (1) a vexatious litigant is a person who is the subject of— (a) an order which is made under section 33(1) of the Employment Tribunals Act 1996 and which remains in force, (b) a civil proceedings order or an all proceedings order which is made under section 42(1) of the Supreme Court Act 1981 and which remains in force, (c) an order which is made under section 1 of the Vexatious Actions (Scotland) Act 1898, or (d) an order which is made under section 32 of the Judicature (Northern Ireland) Act 1978. (256B) (1) For the purposes of a relevant enactment an application to the Certification Officer shall be disregarded if— (a) it was made under a provision mentioned in the relevant enactment, and (b) it was refused by the Certification Officer under section 256A(1). (2) The relevant enactments are sections 26(8), 31(7), 45C(5B), 56(8), 72A(10), 81(8) and 108A(13).

24

In section 258(1) (Certification Officer: annual report) for “calendar year” there shall be substituted “financial year”.

SCHEDULE 7

Introduction

1

The Employment Agencies Act 1973 shall be amended as provided in this Schedule.

General regulations

2

(1) Section 5 (power to make general regulations) shall be amended as follows.

(2) In subsection (1) there shall be substituted for paragraphs (f) and (g) and the proviso following paragraph (g)—

(ea) restricting the services which may be provided by persons carrying on such agencies and businesses; (eb) regulating the way in which and the terms on which services may be provided by persons carrying on such agencies and businesses; (ec) restricting or regulating the charging of fees by persons carrying on such agencies and businesses.

(3) After subsection (1) there shall be inserted—

(1A) A reference in subsection (1)(ea) to (ec) of this section to services includes a reference to services in respect of— (a) persons seeking employment outside the United Kingdom; (b) persons normally resident outside the United Kingdom seeking employment in the United Kingdom.

Charges

3

For section 6(1) (restriction on demand or receipt of fee for finding or seeking to find employment) there shall be substituted—

(1) Except in such cases or classes of case as the Secretary of State may prescribe— (a) a person carrying on an employment agency shall not request or directly or indirectly receive any fee from any person for providing services (whether by the provision of information or otherwise) for the purpose of finding him employment or seeking to find him employment; (b) a person carrying on an employment business shall not request or directly or indirectly receive any fee from an employee for providing services (whether by the provision of information or otherwise) for the purpose of finding or seeking to find another person, with a view to the employee acting for and under the control of that other person; (c) a person carrying on an employment business shall not request or directly or indirectly receive any fee from a second person for providing services (whether by the provision of information or otherwise) for the purpose of finding or seeking to find a third person, with a view to the second person becoming employed by the first person and acting for and under the control of the third person.

Inspection

4

(1) Section 9 (inspection) shall be amended as follows.

(2) In subsection (1) (power to inspect)—

(a) for paragraph (a) there shall be substituted—

(a) enter any relevant business premises;

, and

(b) after paragraph (c) there shall be inserted—

; and (d) take copies of records and other documents inspected under paragraph (b).

(3) After subsection (1) there shall be inserted—

(1A) If an officer seeks to inspect or acquire, in accordance with subsection (1)(b) or (c), a record or other document or information which is not kept at the premises being inspected, he may require any person on the premises— (a) to inform him where and by whom the record, other document or information is kept, and (b) to make arrangements, if it is reasonably practicable for the person to do so, for the record, other document or information to be inspected by or furnished to the officer at the premises at a time specified by the officer. (1B) In subsection (1) “relevant business premises” means premises— (a) which are used, have been used or are to be used for or in connection with the carrying on of an employment agency or employment business, (b) which the officer has reasonable cause to believe are used or have been used for or in connection with the carrying on of an employment agency or employment business, or (c) which the officer has reasonable cause to believe are used for the carrying on of a business by a person who also carries on or has carried on an employment agency or employment business, if the officer also has reasonable cause to believe that records or other documents which relate to the employment agency or employment business are kept there. (1C) For the purposes of subsection (1)— (a) “document” includes information recorded in any form, and (b) information is kept at premises if it is accessible from them.

(4) For subsection (2) (self-incrimination) there shall be substituted—

(2) Nothing in this section shall require a person to produce, provide access to or make arrangements for the production of anything which he could not be compelled to produce in civil proceedings before the High Court or (in Scotland) the Court of Session. (2A) Subject to subsection (2B), a statement made by a person in compliance with a requirement under this section may be used in evidence against him in criminal proceedings. (2B) Except in proceedings for an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath), no evidence relating to the statement may be adduced, and no question relating to it may be asked, by or on behalf of the prosecution unless— (a) evidence relating to it is adduced, or (b) a question relating to it is asked, by or on behalf of the person who made the statement.

(5) In subsection (3) (offence)—

(a) for “or (b)” there shall be substituted “, (b) or (d)”, and

(b) after the words “paragraph (c) of that subsection” there shall be inserted “or under subsection (1A)”.

(6) In subsection (4)(a) (restriction on disclosure of information) in sub-paragraph (iv) (exception for criminal proceedings pursuant to or arising out of the Act) the words “pursuant to or arising out of this Act” shall be omitted.

Offences

5

After section 11 there shall be inserted—

(11A) (1) For the purposes of subsection (2) of this section a relevant offence is an offence under section 3B, 5(2), 6(2), 9(4)(b) or 10(2) of this Act for which proceedings are instituted by the Secretary of State. (2) Notwithstanding section 127(1) of the Magistrates' Courts Act 1980 (information to be laid within 6 months of offence) an information relating to a relevant offence which is triable by a magistrates' court in England and Wales may be so tried if it is laid at any time— (a) within 3 years after the date of the commission of the offence, and (b) within 6 months after the date on which evidence sufficient in the opinion of the Secretary of State to justify the proceedings came to his knowledge. (3) Notwithstanding section 136 of the Criminal Procedure (Scotland) Act 1995 (time limit for prosecuting certain statutory offences) in Scotland proceedings in respect of an offence under section 3B, 5(2), 6(2), 9(4)(b) or 10(2) of this Act may be commenced at any time— (a) within 3 years after the date of the commission of the offence, and (b) within 6 months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings came to his knowledge. (4) For the purposes of this section a certificate of the Secretary of State or Lord Advocate (as the case may be) as to the date on which evidence came to his knowledge is conclusive evidence. (11B) The court in which a person is convicted of an offence under this Act may order him to pay to the Secretary of State a sum which appears to the court not to exceed the costs of the investigation which resulted in the conviction.

Regulations and orders

6

For section 12(5) (regulations and orders: procedure) there shall be substituted—

(5) Regulations under section 5(1) or 6(1) of this Act shall not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament. (6) Regulations under section 13(7)(i) of this Act or an order under section 14(3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

7

In section 13(2) (definition of employment agency) for “workers” (in each place) there shall be substituted “persons”.

Exemptions

8

For section 13(7)(i) there shall be substituted—

(i) any prescribed business or service, or prescribed class of business or service or business or service carried on or provided by prescribed persons or classes of person.

SCHEDULE 8

1

The following shall be substituted for section 193 of the Employment Rights Act 1996 (national security)—

(193) Part IVA and section 47B of this Act do not apply in relation to employment for the purposes of— (a) the Security Service, (b) the Secret Intelligence Service, or (c) the Government Communications Headquarters.

2

Section 4(7) of the Employment Tribunals Act 1996 (composition of tribunal: national security) shall cease to have effect.

3

The following shall be substituted for section 10 of that Act (national security, &c.)—

(10) (1) If on a complaint under— (a) section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (detriment: trade union membership), or (b) section 111 of the Employment Rights Act 1996 (unfair dismissal), it is shown that the action complained of was taken for the purpose of safeguarding national security, the employment tribunal shall dismiss the complaint. (2) Employment tribunal procedure regulations may make provision about the composition of the tribunal (including provision disapplying or modifying section 4) for the purposes of proceedings in relation to which— (a) a direction is given under subsection (3), or (b) an order is made under subsection (4). (3) A direction may be given under this subsection by a Minister of the Crown if— (a) it relates to particular Crown employment proceedings, and (b) the Minister considers it expedient in the interests of national security. (4) An order may be made under this subsection by the President or a Regional Chairman in relation to particular proceedings if he considers it expedient in the interests of national security. (5) Employment tribunal procedure regulations may make provision enabling a Minister of the Crown, if he considers it expedient in the interests of national security— (a) to direct a tribunal to sit in private for all or part of particular Crown employment proceedings; (b) to direct a tribunal to exclude the applicant from all or part of particular Crown employment proceedings; (c) to direct a tribunal to exclude the applicant’s representatives from all or part of particular Crown employment proceedings; (d) to direct a tribunal to take steps to conceal the identity of a particular witness in particular Crown employment proceedings; (e) to direct a tribunal to take steps to keep secret all or part of the reasons for its decision in particular Crown employment proceedings. (6) Employment tribunal procedure regulations may enable a tribunal, if it considers it expedient in the interests of national security, to do anything of a kind which a tribunal can be required to do by direction under subsection (5)(a) to (e). (7) In relation to cases where a person has been excluded by virtue of subsection (5)(b) or (c) or (6), employment tribunal procedure regulations may make provision— (a) for the appointment by the Attorney General, or by the Advocate General for Scotland, of a person to represent the interests of the applicant; (b) about the publication and registration of reasons for the tribunal’s decision; (c) permitting an excluded person to make a statement to the tribunal before the commencement of the proceedings, or the part of the proceedings, from which he is excluded. (8) Proceedings are Crown employment proceedings for the purposes of this section if the employment to which the complaint relates— (a) is Crown employment, or (b) is connected with the performance of functions on behalf of the Crown. (9) The reference in subsection (4) to the President or a Regional Chairman is to a person appointed in accordance with regulations under section 1(1) as— (a) a Regional Chairman, (b) President of the Employment Tribunals (England and Wales), or (c) President of the Employment Tribunals (Scotland). (10A) (1) Employment tribunal procedure regulations may enable an employment tribunal to sit in private for the purpose of hearing evidence from any person which in the opinion of the tribunal is likely to consist of— (a) information which he could not disclose without contravening a prohibition imposed by or by virtue of any enactment, (b) information which has been communicated to him in confidence or which he has otherwise obtained in consequence of the confidence reposed in him by another person, or (c) information the disclosure of which would, for reasons other than its effect on negotiations with respect to any of the matters mentioned in section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992, cause substantial injury to any undertaking of his or in which he works. (2) The reference in subsection (1)(c) to any undertaking of a person or in which he works shall be construed— (a) in relation to a person in Crown employment, as a reference to the national interest, (b) in relation to a person who is a relevant member of the House of Lords staff, as a reference to the national interest or (if the case so requires) the interests of the House of Lords, and (c) in relation to a person who is a relevant member of the House of Commons staff, as a reference to the national interest or (if the case so requires) the interests of the House of Commons. (10B) (1) This section applies where a tribunal has been directed under section 10(5) or has determined under section 10(6)— (a) to take steps to conceal the identity of a particular witness, or (b) to take steps to keep secret all or part of the reasons for its decision. (2) It is an offence to publish— (a) anything likely to lead to the identification of the witness, or (b) the reasons for the tribunal’s decision or the part of its reasons which it is directed or has determined to keep secret. (3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (4) Where a person is charged with an offence under this section it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication in question was of, or included, the matter in question. (5) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— (a) a director, manager, secretary or other similar officer of the body corporate, or (b) a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. (6) A reference in this section to publication includes a reference to inclusion in a programme which is included in a programme service, within the meaning of the Broadcasting Act 1990.

4

Section 28(5) of the Employment Tribunals Act 1996 (composition of Appeal Tribunal: national security) shall cease to have effect.

5

(1) Section 30 of that Act (Appeal Tribunal Procedure rules) shall be amended as follows.

(2) In subsection (2)(d) for “section 10” substitute “section 10A”.

(3) After subsection (2) insert—

(2A) Appeal Tribunal procedure rules may make provision of a kind which may be made by employment tribunal procedure regulations under section 10(2), (5), (6) or (7). (2B) For the purposes of subsection (2A)— (a) the reference in section 10(2) to section 4 shall be treated as a reference to section 28, and (b) the reference in section 10(4) to the President or a Regional Chairman shall be treated as a reference to a judge of the Appeal Tribunal. (2C) Section 10B shall have effect in relation to a direction to or determination of the Appeal Tribunal as it has effect in relation to a direction to or determination of an employment tribunal.

6

After section 69(2) of the Race Relations Act 1976 (evidence: Minister’s certificate as to national security, &c.) there shall be inserted—

(2A) Subsection (2)(b) shall not have effect for the purposes of proceedings on a complaint under section 54.

7

Paragraph 4(1)(b) of Schedule 3 to the Disability Discrimination Act 1995 (evidence: Minister’s certificate as to national security, &c.) shall cease to have effect.

SCHEDULE 9

Collective bargaining: recognition.

Maternity and parental leave.

Part-time work: discrimination.

ACAS: general duty.

Abolition of Commissioners.

The Certification Officer.

Unfair dismissal: special and additional awards.

Indexation of amounts, &c.

National security.

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

New Part VIII of Employment Rights Act 1996

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

21

In section 133 (provisions about amalgamations and similar matters to apply to unincorporated employers’ associations) in subsection (2)(c) after “101(3)” there shall be inserted “ , 103(2A) and (6) to (9) ”.

Procedure before Certification Officer

22

In section 256 (procedure before Certification Officer) for subsection (2) (provision for restricting disclosure of individual’s identity) there shall be substituted—

(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.

23

After section 256 there shall be inserted—

(256A) (1) The Certification Officer may refuse to entertain any application or complaint made to him under a provision of Chapters III to VIIA of Part I by a vexatious litigant. (2) The Certification Officer must give reasons for such a refusal. (3) Subsection (1) does not apply to a complaint under section 37E(1)(b) or to an application under section 41. (4) For the purposes of subsection (1) a vexatious litigant is a person who is the subject of— (a) an order which is made under section 33(1) of the Employment Tribunals Act 1996 and which remains in force, (b) a civil proceedings order or an all proceedings order which is made under section 42(1) of the Supreme Court Act 1981 and which remains in force, (c) an order which is made under section 1 of the Vexatious Actions (Scotland) Act 1898, or (d) an order which is made under section 32 of the Judicature (Northern Ireland) Act 1978. (256B) (1) For the purposes of a relevant enactment an application to the Certification Officer shall be disregarded if— (a) it was made under a provision mentioned in the relevant enactment, and (b) it was refused by the Certification Officer under section 256A(1). (2) The relevant enactments are sections 26(8), 31(7), 45C(5B), 56(8), 72A(10), 81(8) and 108A(13).

Annual report by Certification Officer

In section 226(2) the word “and” at the end of paragraph (b).

Editorial notes

[^c12486061]: 1992 c. 52.

[^c12486071]: 1992 c. 52.

[^c12486081]: 1996 c. 18.

[^c12486091]: 1996 c. 18.

[^c12486101]: 1992 c. 52.

[^c12486111]: S. 10 restricted (4.9.2000) by S.I. 2000/2242, art. 3

[^c12486121]: 1992 c. 52.

[^c12486131]: 1996 c. 18.

[^c12486141]: 1996 c. 18.

[^c12486151]: S. 13 wholly in force at 4.9.2000; s. 13 not in force at Royal Assent see s. 45; s. 13(1)-(3) in force at 25.10.1999 by S.I. 1999/2830 art.(1), Sch. 1 Pt. I (with art. 3); s. 13(4)-(6) in force at 4.9.2000 by S.I. 2000/2242, art. 2(1)

[^c12486161]: 1971 c. 80.

[^c12486171]: 1996 c. 18.

[^c12486181]: 1996 c. 17.

[^c12486251]: S. 18 wholly in force at 25.10.1999: S. 18 not in force at Royal Assent see s. 45: S. 18(6) in force at 30.9.1999 by S.I. 1999/2509, art. 3 (with art. 4); s. 18 wholly in force at 25.10.1999 by S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with art. 3)

[^c12486261]: 1996 c. 18.

[^c12486271]: 1998 c. 39.

[^c12486291]: S. 18(6) repealed (25.10.1999) by 1999 c. 26, s. 44, Sch. 9(6); S.I. 1999/2830, art. 2(3)(a), Sch. 2 Pt. I

[^c12486301]: 1996 c. 18.

[^c12486311]: 1992 c. 52.

[^c12486321]: 1998 c. 39.

[^c12486331]: 1996 c. 56.

[^c12486341]: 1980 c. 44.

[^c12486351]: S.I. 1986/594 (N.I. 3).

[^c12486361]: 1988 c. 40.

[^c12486371]: 1992 c. 13.

[^c12486381]: 1992 c. 37.

[^c12486391]: S.I. 1997/1772 (N.I. 15).

[^c12486401]: 1992 c. 52.

[^c12486411]: 1996 c. 18.

[^c12486421]: 1972 c. 68.

[^c12486431]: 1996 c. 18.

[^c12486441]: 1992 c. 52.

[^c12486451]: 1992 c. 52.

[^c12486461]: 1992 c. 52.

[^c12486471]: 1996 c. 18.

[^c12486481]: 1996 c. 18.

[^c12486491]: 1992 c. 52.

[^c12486501]: 1998 c. 8.

[^c12486511]: S. 34 wholly in force; s. 34 not in force at Royal Assent see s. 45; s. 34(4) in force (25.10.1999) by S.I. 1999/2830, art. 2(1) (with art. 3); s. 34(1)-(3)(5)(6) in force (17.12.1999) by S.I. 1999/3374, art. 2(a) (with art. 3)

[^c12486521]: 1996 c. 18.

[^c12486531]: S. 36 wholly in force; s. 36 not in force at Royal Assent see s. 45; s. 36(1) in force for specified purposes at 25.10.1999 by S.I. 1999/2830, art. 2(1) (with art. 3); s. 36(2)(3) and s. 36(1) to the extent not already in force at 17.12.1999 by S.I. 1999/3374, art. 2 (with art. 3)

[^c12486541]: 1992 c. 52.

[^c12486551]: 1972 c. 68.

[^c12486561]: 1998 c. 39.

[^c12486571]: 1890 c. 21.

[^c12486581]: 1988 c. 31.

[^c12486591]: 1988 c. 31.

[^c12486601]: S. 45 power partly exercised: 14.10.1999 appointed for specified provisions by S.I. 1999/2830, art. 2 (with art. 3) S. 45 power partly excercised: 17.12.1999 appointed for specified provisions by S.I.1999/3374, art. 2 (with art. 3) S. 45 power partly excercised: different dates appointed for specified provisions by S.I. 1999/2509, art. 2 (with art. 4) S. 45 power partly exercised: 24.4.2000 appointed for specified provision by S.I. 2000/875, art. 3 S. 45 power partly exercised: 6.6.2000 appointed for specified provisions by S.I. 2000/1388, art. 2 S. 45 power partly exercised: 22.2.2000 appointed for specified provision by S.I. 2000/420, art. 2 (with transitional provision in art. 3) S. 45 power partly exercised: different dates appointed for specified provisions by S.I. 2000/2242, art. 2 S. 45 power partly exercised: 16.7.2001 appointed for specified provisions by 2001/1187, art. 3 (as amended by S.I. 2001/1461, art. 2)

[^c12486611]: 1974 c. 28.

[^c12486621]: 1992 c. 52.

[^c12486631]: 1971 c. 80.

[^c12486641]: 1992 c. 52.

[^c12486651]: 1989 c. 24.

[^c12486661]: 1974 c. 37.

[^c12486671]: 1999 c. 10.

[^c12486681]: 1992 c. 52.

[^c12486691]: 1996 c. 17.

[^c12486701]: 1981 c. 54.

[^c12486711]: 1898 c. 35.

[^c12486721]: 1978 c. 23.

[^c12486741]: Sch. 7 partly in force; Sch. 7 not in force at Royal Assent see s. 45; Sch. 7 paras. 1, 2, 6, 8 in force and para. 5 in force for certain purposes (25.10.1999) by S.I. 1999/2830, art. 2(1)(2) (with art. 3)

[^c12486751]: 1973 c. 35.

[^c12486761]: 1911 c. 6.

[^c12486771]: Sch. 7 para. 5 partly in force; Sch. 7 para. 5 not in force at Royal Assent see s. 45; Sch. 7 para. 5 in force at 25.10.1999 for specifed purposes by S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I

[^c12486781]: 1980 c. 43.

[^c12486791]: 1995 c. 46.

[^c12486811]: 1996 c. 18.

[^c12486821]: 1996 c. 17.

[^c12486831]: 1992 c. 52.

[^c12486841]: 1990 c. 42.

[^c12486861]: Sch. 8 para. 6 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

[^c12486871]: 1995 c. 50.

[^c12486881]: Sch. 9 partly in force; Sch. 9 not in force at Royal Assent see s. 45; Sch. 9 in force for specified purposes at 17.12.1999 by S.I. 1999/3374, art. 2(c), Sch.; Sch. 9 in force for further specified purposes at 16.7.2001 by S.I. 2001/1187, art. 3(b), Sch. (as amended by S.I. 2001/1461, art. 2)

[^c16092641]: S. 13(4) modified (prosp.) by Employment Act 2002 (c. 22), ss. 29, 55(2), Sch. 2 para. 14

[^c16092731]: S. 13(5) modified (prosp.) by Employment Act 2002 (c. 22), ss. 29, 55(2), Sch. 2 para. 14

[^key-2700809c0ef97c251321552354910dcd]: S. 17 repealed (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 31(8), 59(3), Sch. 2; S.I. 2004/2566, art. 3(a)(c)

[^key-996c3fc8e9f7e4a7fc85411710e4c898]: S. 18(5) repealed (8.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(4)(e), Sch. 2

[^key-e788919d111fbc700d36a50d373f84e5]: Sch. 4 para. 31(a) repealed (8.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(4)(e), Sch. 2

In section 226(2) the word “and” at the end of paragraph (b).

Guarantee payments.

In section 226(2) the word “and” at the end of paragraph (b).