Trade Union and Labour Relations (Consolidation) Act 1992

Part VII U.K. Miscellaneous and general

Crown employment, etc. E+W+S

273 Crown employment. E+W+S

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

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

section 87(3) (power of court to make order in respect of employer’s failure to comply with duties as to union contributions);

sections 184 and 185 (remedy for failure to comply with declaration as to disclosure of information);

Chapter II of Part IV (procedure for handling redundancies).

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

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

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

(b) dismissal means the termination of Crown employment;

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

Textual Amendments

F1 S. 273(4)(c) repealed (30.8.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1993/1908, art. 2(1), Sch. 1

274 Armed forces. E+W+S

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

(2) But that section applies to employment by an association established for the purposes of Part VI of the M1 Reserve Forces Act 1980 (territorial, auxiliary and reserve forces associations) as it applies to employment for the purposes of a government department.

Marginal Citations

M1 1980 c. 9.

275 Exemption on grounds of national security. E+W+S

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

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

276 Further provision as to Crown application. E+W+S

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

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

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

House of Lords and House of Commons staff E+W+S

277 House of Lords staff. E+W+S

(1) [F2 The provisions of this Act (except those specified below)] apply in relation to employment as a relevant member of the House of Lords staff as in relation to other employment.

[F3 (1A) The following provisions are excepted from subsection (1)—

• sections 184 and 185 (remedy for failure to comply with declaration as to disclosure of information),

• Chapter II of Part IV (procedure for handling redundancies).]

(2) Nothing in any rule of law or the law or practice of Parliament prevents a person from bringing [F4 a civil employment claim before the court or from bringing] before an industrial tribunal proceedings of any description F5 . . . which could be brought before such a tribunal in relation to other employment.

[F6 (2A) For the purposes of the application of the other provisions of this Act as they apply by virtue of this section—

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

(b) any other reference to an undertaking shall be construed as a reference to the House of Lords.]

[F7 (3) In this section—

• relevant member of the House of Lords staff means any person who is employed under a contract of employment with the Corporate Officer of the House of Lords;

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

• the court means the High Court or a county court.]

Textual Amendments

F2 Words in s. 277(1) substituted (30.11.1993) by 1993 c. 19, s. 49(1), Sch. 7 para. 12(a); S.I. 1993/2503, art. 2(2), Sch.2

F3 S. 277(1A) inserted (30.11.1993) by 1993 c. 19, s. 49(1), Sch. 7 para. 12(b); S.I. 1993/2503, art. 2(2), Sch. 2

F4 Words in s. 277(2) inserted (30.11.1993) by 1993 c. 19, s. 49(1), Sch. 7 para. 12(c); S.I. 1993/2503, art. 2(2), Sch. 2

F5 Words in s. 277(2) repealed (30.11.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1993/2503, art. 2(2), Sch. 2

F6 S. 277(2A) inserted (30.11.1993) by 1993 c. 19, s. 49(1), Sch. 7 para. 12(d); S.I. 1993/2503, art. 2(2), Sch. 2

F7 S. 277(3) substituted (30.11.1993) for s. 277(3)-(6) by 1993 c. 19, s. 49(1), Sch. 7 para. 12(e); S.I. 1993/2503, art. 2(2), Sch.2

278 House of Commons staff. E+W+S

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

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

sections 184 and 185 (remedy for failure to comply with declaration as to disclosure of information),

Chapter II of Part IV (procedure for handling redundancies).

[F8 (2A) Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Commons staff from bringing a civil employment claim before the court or from bringing before an industrial tribunal proceedings of any description which could be brought before such a tribunal by any person who is not such a member.]

(3) In this section relevant member of the House of Commons staff has the same meaning as in section 139 of the M2 Employment Protection (Consolidation) Act 1978.

• [F9 civil employment claim means a claim arising out of or relating to a contract of employment or any other contract connected with employment, or a claim in tort arising in connection with a person’s employment; and

• the court means the High Court or the county court.]

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

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

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

(c) the reference in [F10 section] 182(1)(e) (disclosure of information for collective bargaining: restrictions on general duty) to the employer’s undertaking shall be construed as a reference to the national interest or, if the case so requires, the interests of the House of Commons; and

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

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

(6) Subsections (4) to (9) of section 139 of the Employment Protection (Consolidation) Act 1978 (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of this section.

Textual Amendments

F8 S. 278(2A) inserted (30.11.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 85(a); S.I. 1993/2503, art. 2(2), Sch. 2

F9 Words in s. 278(3) inserted (30.11.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 85(b); S.I. 1993/2503, art. 2(2), Sch. 2

F10 Words in s. 278(4)(c) inserted (30.8.1993) by 1993 c. 19, s. 49(1), Sch. 7 para. 27; S.I. 1993/1908, art. 2(1), Sch. 1

Marginal Citations

M2 1978 c. 44.

Health service practitioners E+W+S

279 Health service practitioners. E+W+S

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

(a) by a Family Health Services Authority under section 29, 35, 38 or 41 of the M3 National Heath Service Act 1977, or

(b) by a Health Board under section 19, 25, 26, or 27 of the M4 National Health Service (Scotland) Act 1978;

and employer, in relation to such an individual, regarded in that capacity, means that authority or board.

Marginal Citations

M3 1977 c. 49.

M4 1978 c. 29.

Police service E+W+S

280 Police service. E+W+S

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

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

Modifications etc. (not altering text)

C1 S. 280 modified (1.10.2002 for specified purposes and otherwise 1.4.2004) by 2002 c. 30, s. 13, Sch. 3 Pt. 3 para. 19(5)(a) (with s. 14(1)); S.I. 2002/2306, art. 4(e); S.I. 2004/913, art. 2(d)

Excluded classes of employment E+W+S

F11 281 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F11 S. 281 repealed (6.2.1995) by S.I. 1995/31, regs. 5, 6, Sch.

282 Short-term employment. E+W+S

(1) The provisions of Chapter II of Part IV (procedure for handling redundancies) do not apply to employment—

(a) under a contract for a fixed term of three months or less, or

(b) under a contract made in contemplation of the performance of a specific task which is not expected to last for more than three months,

where the employee has not been continuously employed for a period of more than three months.

(2) Section 151 of and Schedule 13 to the M5 Employment Protection (Consolidation) Act 1978 (computation of period of continuous employment), and any provision modifying or supplementing that section or Schedule for the purposes of that Act, apply for the purposes of this section.

Marginal Citations

M5 1978 c. 44.

F12 283 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F12 S. 283 repealed (30.8.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1993/1908, art. 2(1), Sch. 1

284 Share fishermen. E+W+S

The following provisions of this Act do not apply to employment as master or as member of the crew of a fishing vessel where the employee is remunerated only by a share in the profits or gross earnings of the vessel—

In Part III (rights in relation to trade union membership and activities)—

sections 137 to 143 (access to employment),

sections 146 to 151 (action short of dismissal), and

sections 168 to 173 (time off for trade union duties and activities;

In Part IV, Chapter II (procedure for handling redundancies).

285 Employment outside Great Britain. E+W+S

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

In Part III (rights in relation to trade union membership and activities)—

sections 137 to 143 (access to employment),

sections 146 to 151 (action short of dismissal), and

sections 168 to 173 (time off for trade union duties and activities;

In Part IV, Chapter II (procedure for handling redundancies).

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

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

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

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

286 Power to make further provision as to excluded classes of employment. E+W+S

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

In Part III (rights in relation to trade union membership and activities), sections 146 to 151 (action short of dismissal),

In Part IV, Chapter II (procedure for handling redundancies), and

In Part V (industrial action), section 237 (dismissal of those taking part in unofficial industrial action).

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

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

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

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

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

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

Offshore employment U.K.

287 Offshore employment. U.K.

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

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

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

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

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

(a) the provisions of this Act, and

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

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

(3) An Order in Council under this section—

(a) may make different provision for different cases;

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

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

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

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

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

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

(e) may exclude from the operation of section 3 of the M6 Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under the enactments to which this section applies in connection with offshore employment;

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

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

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

(5) In this section—

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

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

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

• United Kingdom sector of the continental shelf means the areas designated under section 1(7) of the M7 Continental Shelf Act 1964.

Marginal Citations

M6 1878 c. 73.

M7 1964 c. 29.

Contracting out, &c. E+W+S

288 Restriction on contracting out. E+W+S

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

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

(b) to preclude a person from bringing—

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

(ii) an application to the Employment Appeal Tribunal under section 67 (remedy for infringement of right not to be unjustifiably disciplined) or section 176 (compensation for F13 . . . exclusion or expulsion).

(2) Subsection (1) does not apply to an agreement to refrain from instituting or continuing proceedings where a conciliation officer has taken action under—

(a) section 133(2) or (3) of the M8 Employment Protection (Consolidation) Act 1978 (general provisions as to conciliation), or

(b) section 134(1), (2) or (3) of that Act (conciliation in case of unfair dismissal).

[F14 (2A) Subsection (1) does not apply to an agreement to refrain from instituting or continuing any proceedings, other than excepted proceedings, specified in section 290 before an industrial tribunal if the conditions regulating compromise agreements under this Act are satisfied in relation to the agreement.

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

(a) the agreement must be in writing;

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

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

(d) there must be in force, when the adviser gives the advice, a policy of insurance covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice;

(e) the agreement must identify the adviser; and

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

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

(3) Subsection (1) does not apply—

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

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

[F15 (4) In subsection (2B)—

• independent, in relation to legal advice to the complainant means that it is given by a lawyer who is not acting for the other party or for a person who is connected with that other party; and

• qualified lawyer means—

(a) as respects proceedings in England and Wales—

(i) a barrister, whether in practice as such or employed to give legal advice, or

(ii) a solicitor of the Supreme Court who holds a practising certificate;

(b) as respects proceedings in Scotland—

(i) an advocate, whether in practice as such or employed to give legal advice, or

(ii) a solicitor who holds a practising certificate.

(5) For the purposes of subsection (4) any two persons are to be treated as connected if one is a company of which the other (directly or indirectly) has control, or if both are companies of which a third person (directly or indirectly) has control.]

Textual Amendments

F13 Words in s. 288(1)(b) repealed (30.11.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1993/1908, art. 2(2), Sch.2

F14 S. 288(2A)-(2C) inserted (30.8.1993) by 1993 c. 19, s. 39(2), Sch. 6 para. 4(a); S.I. 1993/1908, art. 2(1), Sch. 1

F15 S. 288(4)(5) inserted (30.8.1993) by 1993 c. 19, s. 39(2), Sch. 6 para. 4(b); S.I. 1993/1908, art. 2(1), Sch. 1

Marginal Citations

M8 1978 c. 44.

289 Employment governed by foreign law. E+W+S

For the purposes of this Act it is immaterial whether the law which (apart from this Act) governs any person’s employment is the law of the United Kingdom, or of a part of the United Kingdom, or not.

Industrial tribunal proceedings E+W+S

290 General provisions as to conciliation. E+W+S

The provisions of section 133(2) to (6) of the Employment Protection (Consolidation) Act 1978 (general provisions as to functions of conciliation officers) have effect in relation to industrial tribunal proceedings, and claims which could be the subject of industrial tribunal proceedings, arising out of a contravention or alleged contravention of any of the following provisions of this Act—

(a) section 64 (right of trade union member not to be unjustifiably disciplined);

[F16 (aa) section 68 (right not to suffer deduction of unauthorised or excessive union subscriptions);]

(b) section 137 or 138 (refusal of employment or service of employment agency on grounds related to union membership);

(c) section 146 (action short of dismissal on grounds related to union membership or activities);

(d) section 168, 169 or 170 (time off for trade union duties and activities);

(e) section 174 (F17 . . . exclusion or expulsion from union F17 . . .);

(f) section 188 (failure to consult trade union representatives on proposed redundancies);

(g) section 190 (entitlement under protective award).

Textual Amendments

F16 S. 290(aa) inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 86; S.I. 1993/1908, art. 2(1), Sch. 1

F17 Words in s. 290(e) repealed (30.11.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1993/1908, art. 2(2), Sch.2

291 Right of appeal from industrial tribunal. E+W+S

F18 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An appeal lies to the Employment Appeal Tribunal on any question of law arising from a decision of, or arising in proceedings before, an industrial tribunal under F19 . . . this Act.

(3) No other appeal lies from a decision of an industrial tribunal under this Act; and section 11 of the M9 Tribunals and Inquiries Act 1992 (appeals from certain tribunals to High Court or Court of Session) does not apply to proceedings before an industrial tribunal under this Act.

Textual Amendments

F18 S. 291(1) repealed (30.8.1993) by 1993 c. 19, ss. 49(2), 51, Sch. 8 para. 87(a), Sch. 10; S.I. 1993/1908, art. 2(1), Sch.1

F19 Words in s. 291(2) repealed (30.8.1993) by 1993 c. 19, ss. 49(2), 51, Sch. 8 para. 87(b), Sch.10; S.I. 1993/1908, art. 2(1), Sch.1

Marginal Citations

M9 1992 c. 53.

Other supplementary provisions U.K.

292 Death of employee or employer. E+W+S

(1) This section has effect in relation to the following provisions so far as they confer rights on employees or make provision in connection therewith—

(a) sections 146 to 151 (action short of dismissal taken on grounds related to union membership or activities);

(b) sections 168 to 173 (time off for trade union duties and activities);

(c) sections 188 to 198 (procedure for handling redundancies).

(2) Where the employee or employer dies, tribunal proceedings may be instituted or continued by a personal representative of the deceased employee or, as the case may be, defended by a personal representative of the deceased employer.

(3) If there is no personal representative of a deceased employee, tribunal proceedings or proceedings to enforce a tribunal award may be instituted or continued on behalf of his estate by such other person as the industrial tribunal may appoint, being either—

(a) a person authorised by the employee to act in connection with the proceedings before his death, or

(b) the widower, widow, child, father, mother, brother or sister of the employee.

In such a case any award made by the industrial tribunal shall be in such terms and shall be enforceable in such manner as may be prescribed.

(4) Any right arising under any of the provisions mentioned in subsection (1) which by virtue of this section accrues after the death of the employee in question shall devolve as if it had accrued before his death.

(5) Any liability arising under any of those provisions which by virtue of this section accrues after the death of the employer in question shall be treated for all purposes as if it had accrued immediately before his death.

293 Regulations. E+W+S

(1) The Secretary of State may by regulations prescribe anything authorised or required to be prescribed for the purposes of this Act.

(2) The regulations may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.

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

294 Reciprocal arrangements with Northern Ireland. U.K.

(1) If provision is made by Northern Ireland legislation for purposes corresponding to the purposes of any provision of this Act re-enacting a provision of the M10 Employment Protection Act 1975 or the M11 Employment Protection (Consolidation) Act 1978, the Secretary of State may, with the consent of the Treasury, make reciprocal arrangements with the appropriate Northern Ireland authority for co-ordinating the relevant provisions of this Act with the corresponding Northern Ireland provisions so as to secure that they operate, to such extent as may be provided by the arrangements, as a single system.

(2) The Secretary of State may make regulations for giving effect to any such arrangements.

(3) The regulations may make different provision for different cases and may contain such supplementary, incidental and transitional provisions as appear to the Secretary of State to be necessary or expedient.

(4) The regulations may provide that the relevant provisions of this Act shall have effect in relation to persons affected by the arrangements subject to such modifications and adaptations as may be specified in the regulations, including provisions—

(a) for securing that acts, omission and events having any effect for the purposes of the Northern Ireland legislation have a corresponding effect for the purposes of the relevant provisions of this Act (but not so as to confer a right to double payment in respect of the same act, omission or event, and

(b) for determining, in cases where rights accrue both under the relevant provisions of this Act and under the Northern Ireland legislation, which of this rights is available to the person concerned.

(5) In this section the appropriate Northern Ireland authority means such authority as is specified in that behalf in the Northern Ireland legislation.

(6) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M10 1975 c. 71.

M11 1978 c. 44.

Interpretation E+W+S

295 Meaning of employee and related expressions. E+W+S

(1) In this Act—

• contract of employment means a contract of service or of apprenticeship,

• employee means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment, and

• employer, in relation to an employee, means the person by whom the employee is (or, where the employment has ceased, was) employed.

(2) Subsection (1) has effect subject to section 235 and other provisions conferring a wider meaning on contract of employment or related expressions.

296 Meaning of worker and related expressions. E+W+S

(1) In this Act worker means an individual who works, or normally works or seeks to work—

(a) under a contract of employment, or

(b) under any other contract whereby he undertakes to do or perform personally any work or services for another party to the contract who is not a professional client of his, or

(c) in employment under or for the purposes of a government department (otherwise than as a member of the naval, military or air forces of the Crown) in so far as such employment does not fall within paragraph (a) or (b) above.

(2) In this Act employer, in relation to a worker, means a person for whom one or more workers work, or have worked or normally work or seek to work.

[F20 (3) This section has effect subject to section 68(11).]

Textual Amendments

F20 S. 296(3) inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para.88; S.I. 1993/1908, art. 2(1), Sch. 1

297 Associated employers. E+W+S

For the purposes of this Act any two employers shall be treated as associated if—

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

(b) both are companies of which a third person (directly or indirectly) has control;

and associated employer shall be construed accordingly.

298 Minor definitions: general. E+W+S

In this Act, unless the context otherwise requires—

• act and action each includes omission, and references to doing an act or taking action shall be construed accordingly;

• contravention includes a failure to comply, and cognate expressions shall be construed accordingly;

• dismiss, dismissal and effective date of termination, in relation to an employee, shall be construed in accordance with section 55 of the M12 Employment Protection (Consolidation) Act 1978;

• post means a postal service which—

  (a)

  is provided by the Post Office or under a licence granted under section 68 of the M13 British Telecommunications Act 1981, or

  (b)

  does not by virtue of an order made under section 69 of that Act (suspension of postal privilege) infringe the exclusive privilege conferred on the Post Office by section 66(1) of that Act;

• tort, as respects Scotland, means delict, and cognate expressions shall be construed accordingly.

Marginal Citations

M12 1978 c. 44.

M13 1981 c.38.

299 Index of defined expressions. E+W+S

In this Act the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated—

ACAS	section 247(1)
act and action	section 298
advertisement (in sections 137 to 143)	section 143(1)
[F21 agent (of trade union)]	[F21 section 119]
appropriately qualified actuary (in sections 38 to 41)	section 42
associated employer	section 297
branch or section (of trade union)	section 119
collective agreement and collective bargaining	section 178(1)
F22 . . .	F22 . . .
contract of employment
—generally	section 295(1)
—in sections 226 to 234	section 235
—in relation to Crown employment	section 273(4)(a)
—in relation to House of Lords or House of Commons staff	sections 277(4) and 278(4)(a)
contravention	section 298
the court (in Part I)	section 121
date of the ballot (in Part V)	section 246
dismiss and dismissal
—generally	section 298
—in relation to Crown employment	section 273(4)(c)
—in relation to House of Commons staff	section 278(4)(b)
[F21 the duty of confidentiality]	[F21 section 24A(3)]
effective date of termination	section 298
employee
—generally	section 295(1)
—in relation to Crown employment	section 273(4)(a)
—in relation to House of Commons staff	section 278(4)(a)
—excludes police service	section 280
employer
—in relation to an employee	section 295(1)
—in relation to a worker	section 296(2)
—in relation to health service practitioners	section 279
employment and employment agency (in sections 137 to 143)	section 143(1)
executive (of trade union)	section 119
[F21 financial affairs (of trade union)]	[F21 section 119]
financial year (in Part VI)	section 272
general secretary	section 119
independent trade union (and related expressions)	section 5
list
—of trade unions	section 2
—of employers’ associations	section 123
Northern Ireland union (in Part I)	section 120
not protected (in sections 222 to 226)	section 219(4)
officer
—of trade union	section 119
—of employers’ association	section 136
official (of trade union)	section 119
offshore employment	section 287
place of work (in Part V)	section 246
political fund	section 82(1)(a)
political resolution	section 82(1)(a)
post	section 298
prescribed	section 293(1)
president	section 119
recognised, recognition and related expressions	section 178(3)
F22 . . .
F22 . . .	F22 . . .
F22 . . .	F22 . . .
representative (of trade union) (in Part IV, Chapter II)	section 196
rules (of trade union)	section 119
strike (in Part V)	section 246
tort (as respects Scotland)	section 298
trade dispute
—in Part IV	section 218
—in Part V	section 244
trade union	section 1
undertaking (of employer)
—in relation to Crown employment	section 273(4)(e) and (f)
—in relation to House of Commons staff	section 278(4)(c) and (d)
worker
—generally	section 296(1)
—includes health service practitioners	section 279
—excludes police service	section 280
working hours (in Part V)	section 246

Textual Amendments

F21 Entries in s. 299 inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 89; S.I. 1993/1908, art. 2(1), Sch.1

F22 Entries in s. 299 repealed (30.8.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1993/1908, art. 2(1), Sch. 1

Final provisions E+W+S

300 Repeals, consequential amendments, transitional provisions and savings. E+W+S

(1) The enactments specified in Schedule 1 are repealed to the extent specified.

(2) The enactments specified in Schedule 2 are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.

(3) Schedule 3 contains transitional provisions and savings.

301 Extent. E+W+S

(1) This Act extends to England and Wales and Scotland.

(2) The following provisions of this Act extend to Northern Ireland—

(a) sections 13 and 14 (provisions as to property held in trust for trade union), and section 129 (application of provisions to employers’ associations) so far as it applies those sections;

(b) Chapter VI of Part I (application of funds for political objects), except sections 86 to 88 (duties of employer who deducts union contributions), for the purposes of the application of that Chapter to trade unions or unincorporated employers’ associations having their head or main office outside Northern Ireland;

(c) section 287 (offshore employment);

(d) section 294 (reciprocal arrangements with Northern Ireland);

(e) Schedule 1 (repeals) so far as it relates to enactments which extend to Northern Ireland, other than the M14 Conspiracy and Protection of Property Act 1875;

(f) Schedules 2 and 3 (consequential amendments, transitional provisions and savings), so far as they relate to enactments which extend to Northern Ireland;

but this Act does not otherwise extend there.

(3) Subsection (2)(b) does not affect the operation of Article 67(3) to (5) of the M15 Industrial Relations (Northern Ireland) Order 1992 (application of Northern Ireland law to contributions by members in Northern Ireland); and the closing words of that subsection do not affect the operation in relation to persons or property in Northern Ireland of any provision of Chapter VII of Part I (amalgamations and similar matters) which is capable of so applying as part of the law of England and Wales or Scotland.

Marginal Citations

M14 1875 c. 86.

M15 S.I. 1992/807 (N.I. 5)

302 Commencement. E+W+S

This Act comes into force at the end of the period of three months beginning with the day on which it is passed.

303 Short title. E+W+S

This Act may be cited as the Trade Union and Labour Relations (Consolidation) Act 1992.