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Employment Act 1988

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This is the original version (as it was originally enacted).

The Employment Protection (Consolidation) Act 1978 (c. 44)

2(1)For subsection (7) of section 23 of the 1978 Act (references to a trade union to include references to a branch or section of a trade union) there shall be substituted the following subsection—

“(7)In this section references to being, becoming or ceasing to remain a member of a trade union shall include references to being, becoming or ceasing to remain a member of a particular branch or section of that union and to being, becoming or ceasing to remain a member of one of a number of particular branches or sections of that union, and references to taking part in the activities of a trade union shall be similarly construed.”

(2)In section 58 of that Act (dismissal relating to union membership)—

(a)in subsection (13), in the words after paragraph (b), for the words “subsections (1)(c) and (3)(b)” there shall be substituted the words “subsection (1)(c)”; and

(b)for subsection (14) there shall be substituted the following subsection—

“(14)In this section references to being, becoming or ceasing to remain a member of a trade union shall include references to being, becoming or ceasing to remain a member of a particular branch or section of that union and to being, becoming or ceasing to remain a member of one of a number of particular branches or sections of that union, and references to taking part in the activities of a trade union shall be similarly construed.”

(3)In section 133(1) of that Act (industrial tribunal proceedings in relation to which conciliation officers exercise functions), after paragraph (e) there shall be inserted “; or

(f)arising out of an infringement, or alleged infringement, of the right conferred by section 3 of the Employment Act 1988.”

(4)In section 136(5) of that Act (appeals under certain enactments to lie only to the Employment Appeal Tribunal), after the words “the [1980 c. 42.] Employment Act 1980” there shall be inserted the words “or section 4 or 5 of the Employment Act 1988”.

(5)In paragraphs 18 and 21A of Schedule 11 to that Act (rules and powers of the Employment Appeal Tribunal), after the words “section 5 of the Employment Act 1980”, wherever they occur, there shall be inserted the words “or section 5 of the Employment Act 1988”.

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