Employment Relations Act 1999
The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as follows.
After Chapter V of Part I (rights of trade union members) there shall be inserted—
Immediately before Schedule 1 there shall be inserted the Schedule set out in Schedule 1 to this Act.
Schedule 2 shall have effect.
The Secretary of State may make regulations prohibiting the compilation of lists which—
contain details of members of trade unions or persons who have taken part in the activities of trade unions, and
are compiled with a view to being used ... for the purposes of discrimination in relation to recruitment or in relation to the treatment of workers.
The Secretary of State may make regulations prohibiting—
the use of lists to which subsection (1) applies;
the sale or supply of lists to which subsection (1) applies.
Regulations under this section may, in particular—
confer jurisdiction (including exclusive jurisdiction) on employment tribunals and on the Employment Appeal Tribunal;
make provision for a person who causes another person to do something to be treated as doing that thing;
include provision for or about the grant and enforcement of specified remedies by courts and tribunals;
include provision for the making of awards of compensation calculated in accordance with the regulations;
include provision permitting proceedings to be brought by trade unions on behalf of members in specified circumstances;
include provision about cases where an employee is dismissed by his employer and the reason or principal reason for the dismissal, or why the employee was selected for dismissal, relates to a list to which subsection (1) or (2A) applies;
create criminal offences;
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;
provide for specified obligations or offences not to apply in specified circumstances;
include supplemental, incidental, consequential and transitional provision, including provision amending an enactment;
make different provision for different cases or circumstances.
The Secretary of State may make regulations prohibiting—
the use of lists which contain details of members of trade unions, or persons who have taken part in the activities of trade unions, for the purposes of discrimination in relation to recruitment or in relation to the treatment of workers;
the sale or supply of such lists with a view to being used for those purposes.
Regulations under this section creating an offence may not provide for it to be punishable—
by imprisonment,
by a fine in excess of level 5 on the standard scale in the case of an offence triable only summarily, or
by a fine in excess of the statutory maximum in the case of summary conviction for an offence triable either way.
In this section—
“the agricultural wages legislation” has the same meaning as in section 16 of the National Minimum Wage Act 1998 (agricultural wages officers).
“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.
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.
Schedule 3 shall have effect.
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—
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 ”.
The provisions set out in Part I of Schedule 4 shall be substituted for Part VIII of the Employment Rights Act 1996.
The provisions set out in Part II of Schedule 4 shall be inserted after section 57 of that Act.
Part III of Schedule 4 (which makes amendments consequential on sections 7 and 8) shall have effect.
This section applies where a worker—
is required or invited by his employer to attend a disciplinary or grievance hearing, and
reasonably requests to be accompanied at the hearing.
Where this section applies, the employer must permit the worker to be accompanied at the hearing by one companion who—
is chosen by the worker and is within subsection (3),
is chosen by the worker; and
is to be permitted to address the hearing (but not to answer questions on behalf of the worker), and
is within subsection (3).
is to be permitted to confer with the worker during the hearing.
A person is within this subsection if he is—
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,
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
another of the employer’s workers.
The employer must permit the worker’s companion to—
address the hearing in order to do any or all of the following—
put the worker’s case;
sum up that case;
respond on the worker’s behalf to any view expressed at the hearing;
confer with the worker during the hearing.
If— the employer must postpone the hearing to the time proposed by the worker.
a worker has a right under this section to be accompanied at a hearing,
his chosen companion will not be available at the time proposed for the hearing by the employer, and
the worker proposes an alternative time which satisfies subsection (5),
Subsection (2B) does not require the employer to permit the worker’s companion to—
answer questions on behalf of the worker;
address the hearing if the worker indicates at it that he does not wish his companion to do so; or
use the powers conferred by that subsection in a way that prevents the employer from explaining his case or prevents any other person at the hearing from making his contribution to it.
An alternative time must—
be reasonable, and
fall before the end of the period of five working days beginning with the first working day after the day proposed by the employer.
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).
Sections 168(3) , (4) and (5), 169 and 171 to 173 of the Trade Union and Labour Relations (Consolidation) Act 1992 (time off for carrying out trade union duties) shall apply in relation to subsection (6) above as they apply in relation to section 168(1) of that Act.
A worker may present a complaint to an employment tribunal that his employer has failed, or threatened to fail, to comply with section 10(2A), (2B) or (4).
A tribunal shall not consider a complaint under this section in relation to a failure or threat unless the complaint is presented—
before the end of the period of three months beginning with the date of the failure or threat, or
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.
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.
Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) of the Employment Rights Act 1996 applies for the purposes of subsection (2)(a).
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—
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
in any other case, the date on which the relevant hearing took place (or was to have taken place).
Subsections (2) and (2A) are to be treated as provisions of the Employment Rights Act 1996 for the purposes of section 207B of that Act.
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.
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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—
exercised or sought to exercise the right under section 10(2A), (2B) or (4), or
accompanied or sought to accompany another worker (whether of the same employer or not) pursuant to a request under that section.
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.
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—
exercised or sought to exercise the right under section 10(2A), (2B) or (4), or
accompanied or sought to accompany another worker (whether of the same employer or not) pursuant to a request under that section.
Sections 108 and 109 of that Act (qualifying period of employment and upper age limit) shall not apply in relation to subsection (3) above.
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.
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.
References in this section to a worker having accompanied or sought to accompany another worker include references to his having exercised or sought to exercise any of the powers conferred by section 10(2A) or (2B).
In sections 10 to 12 and this section “worker” means an individual who is—
a worker within the meaning of section 230(3) of the Employment Rights Act 1996,
an agency worker,
a home worker,
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
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.
In subsection (1) “agency worker” means an individual who— and, for the purposes of sections 10 to 12, both the agent and the principal are employers of an agency worker.
is supplied by a person (“the agent”) to do work for another (“the principal”) by arrangement between the agent and the principal,
is not a party to a worker’s contract, within the meaning of section 230(3) of that Act, relating to that work, and
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;
In subsection (1) “home worker” means an individual who— and, for the purposes of sections 10 to 12, the person mentioned in paragraph (a) is the home worker’s employer.
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
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;
For the purposes of section 10 a disciplinary hearing is a hearing which could result in—
the administration of a formal warning to a worker by his employer,
the taking of some other action in respect of a worker by his employer, or
the confirmation of a warning issued or some other action taken.
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.
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 Saturday or a Sunday,
Christmas Day or Good Friday, or
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in that part of Great Britain.
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—
section 203(1), (2)(e) and (f), (3) and (4) of that Act (restrictions on contracting out), and
section 18(1)(b) of the Employment Tribunals Act 1996 (conciliation).
Sections 10 to 13 of this Act shall not apply in relation to a person employed for the purposes of—
the Security Service,
the Secret Intelligence Service, or
the Government Communications Headquarters.
Schedule 5 shall have effect.
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The Secretary of State may make regulations about cases where a worker— 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.
is subjected to detriment by his employer, or
is dismissed,
The regulations may—
make provision which applies only in specified classes of case;
make different provision for different circumstances;
include supplementary, incidental and transitional provision.
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.
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—
there is no inhibition in the contract of employment of the worker receiving the same from being the member of any trade union, and
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.
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.
In sections 44(4), 46(2), 47(2), 47A(2) and 47B(2) of that Act—
the words from the beginning to “the dismissal,” shall be omitted, and
for “that Part” there shall be substituted “ Part X ”.
In section 45A(4) of that Act the words from “, unless” to the end shall be omitted.
In section 23 of the National Minimum Wage Act 1998, for subsection (4) there shall be substituted—
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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.
The regulations may—
specify classes of person who are to be taken to be, or not to be, in part-time employment;
specify classes of person who are to be taken to be, or not to be, in full-time employment;
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;
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.
The regulations may—
confer jurisdiction (including exclusive jurisdiction) on employment tribunals and on the Employment Appeal Tribunal;
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;
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;
provide for specified obligations or offences not to apply in specified circumstances;
make provision about notices or information to be given, evidence to be produced and other procedures to be followed;
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;
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;
include supplemental, incidental, consequential and transitional provision, including provision amending an enactment;
make different provision for different cases or circumstances.
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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;
for the purpose of dealing with any matter arising out of or related to the United Kingdom’s obligations under that Directive;
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.
Regulations under this section which create an offence—
shall provide for it to be triable summarily only, and
may not provide for it to be punishable by imprisonment or by a fine in excess of level 5 on the standard scale.
The Secretary of State may issue codes of practice containing guidance for the purpose of—
eliminating discrimination in the field of employment against part-time workers;
facilitating the development of opportunities for part-time work;
facilitating the flexible organisation of working time taking into account the needs of workers and employers;
any matter dealt with in the framework agreement on part-time work annexed to Council Directive 97/81/EC.
The Secretary of State may revise a code and issue the whole or part of the revised code.
A person’s failure to observe a provision of a code does not make him liable to any proceedings.
A code—
is admissible in evidence in proceedings before an employment tribunal, and
shall be taken into account by an employment tribunal in any case in which it appears to the tribunal to be relevant.
Before issuing or revising a code of practice under section 20 the Secretary of State shall consult such persons as he considers appropriate.
Before issuing a code the Secretary of State shall—
publish a draft code,
consider any representations made to him about the draft,
if he thinks it appropriate, modify the draft in the light of any representations made to him.
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.
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.
In this section and section 20(3) and (4)—
a reference to a code includes a reference to a revised code,
a reference to a draft code includes a reference to a draft revision, and
a reference to issuing a code includes a reference to issuing part of a revised code.
The following shall be inserted after section 44 of the National Minimum Wage Act 1998 (exclusions: voluntary workers)—
This section applies to any right conferred on an individual against an employer (however defined) under or by virtue of any of the following—
the Trade Union and Labour Relations (Consolidation) Act 1992;
the Employment Rights Act 1996;
this Act;
the Employment Act 2002;
any instrument made under section 2(2) of the European Communities Act 1972.
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.
The reference in subsection (2) to individuals includes a reference to individuals expressly excluded from exercising the right.
An order under this section may—
provide that individuals are to be treated as parties to workers’ contracts or contracts of employment;
make provision as to who are to be regarded as the employers of individuals;
make provision which has the effect of modifying the operation of any right as conferred on individuals by the order;
include such consequential, incidental or supplementary provisions as the Secretary of State thinks fit.
An order under this section may make provision in such way as the Secretary of State thinks fit......
Section 209(7) of the Employment Rights Act 1996 (which is superseded by this section) shall be omitted.
The ways in which an order under this section may make provision include, in particular—
amending any enactment;
excluding or applying (whether with or without amendment) any enactment.
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.
In subsection (5A) “enactment” includes an enactment comprised in subordinate legislation made under an Act.
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)—
The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as follows.
In section 263 (proceedings of the Committee) this subsection shall be inserted after subsection (6)—
This section shall be inserted after section 263—
In section 264 (awards of the Committee)—
in subsection (1) after “award” there shall be inserted “ , or in any decision or declaration of the Committee under Schedule A1, ”;
in subsection (2) after “of the Committee,” there shall be inserted “ or of a decision or declaration of the Committee under Schedule A1, ”.
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.
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 ”.
In section 265(1) of that Act (ACAS: report about CAC) for “calendar year” there shall be substituted “ financial year ”.
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the office of Commissioner for the Rights of Trade Union Members;
the office of Commissioner for Protection Against Unlawful Industrial Action.
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Chapter VIII of Part I (provision by Commissioner for the Rights of Trade Union Members of assistance in relation to certain proceedings);
sections 235B and 235C (provision of assistance by Commissioner for Protection Against Unlawful Industrial Action of assistance in relation to certain proceedings);
section 266 (and the heading immediately preceding it) and sections 267 to 271 (Commissioners' appointment, remuneration, staff, reports, accounts, etc.).
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 ”.
Schedule 6 shall have effect.
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.
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).
Schedule 7 shall have effect.
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) ”.
After section 287(3) of that Act (offshore employment) there shall be inserted—.
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 ”.
After section 199(6) of that Act (mariners) there shall be inserted—
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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));
sections 157 and 158 of the Trade Union and Labour Relations (Consolidation) Act 1992.
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 ”; ...
In section 14 of the Employment Rights (Dispute Resolution) Act 1998—
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in subsection (2) for “that Act” substitute “ the Employment Rights Act 1996 ”.
This section applies to the sums specified in the following provisions—
section 31(1) of that Act (guarantee payments: limits);
section 27M(1) of the Employment Rights Act 1996 (complaints about tips etc: compensation);
section 120(1) of that Act (unfair dismissal: minimum amount of basic award);
section 27O(2) of that Act (complaints about information: compensation);
section 124(1) of that Act (unfair dismissal: limit of compensatory award);
section 186(1)(a) and (b) of that Act (employee’s rights on insolvency of employer: maximum amount payable);
section 227(1) of that Act (maximum amount of a week’s pay for purposes of certain calculations);
section 156(1) of that Act (unfair dismissal: minimum basic award);
section 176(6A) of that Act (right to membership of trade union: remedies).
section 145E(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 (unlawful inducements: amount of award);
If the retail prices index for September of a year is higher or lower than the index for the previous September, the Secretary of State shall ... make an order in relation to each sum mentioned in subsection (1)— by the same percentage as the amount of the increase or decrease of the index , with effect from the following 6th April .
increasing each sum, if the new index is higher, or
decreasing each sum, if the new index is lower,
In making the calculation required by subsection (2) the Secretary of State shall round the result to the nearest whole pound, taking 50p as nearest to the next whole pound above
in the case of the sum mentioned in subsection (1)(a), round the result up to the nearest 10 pence,
in the case of the sums mentioned in subsection (1)(b), (c), (f) and (g), round the result up to the nearest £100, and
in the case of the sums mentioned in subsection (1)(d) and (e), round the result up to the nearest £10.
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).
In this section “the retail prices index” means—
the general index of retail prices (for all items) published by the Statistics Board, or
where that index is not published for a month, any substituted index or figures published by the Board.
A reference in this section to a sum specified in section 124(1) of the Employment Rights Act 1996 does not include anything specified by virtue of section 15(2)(b)(ii) of the Enterprise and Regulatory Reform Act 2013 (specified number multiplied by a week's pay of the individual concerned).
An order under this section—
shall be made by statutory instrument,
may include transitional provision, and
shall be laid before Parliament after being made.
As regards a sum specified in section 124(1) of the Employment Rights Act 1996, the duty under subsection (2) to make an order with effect from 6 April in a particular year does not arise where an order varying such a sum with effect from a day within 12 months before that date has been made under section 15(1) of the Enterprise and Regulatory Reform Act 2013.
For section 31(7) of the Employment Rights Act 1996 (guarantee payments: limits) there shall be substituted—
The following provisions (which confer power to increase sums) shall cease to have effect—
sections 120(2), 124(2), 186(2) and 227(2) to (4) of the Employment Rights Act 1996;
sections 159 and 176(7) and (8) of the Trade Union and Labour Relations (Consolidation) Act 1992.
Section 208 of the Employment Rights Act 1996 (review of limits) shall cease to have effect.
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)).
After section 124(1) of the Employment Rights Act 1996 (limit of compensatory award etc) there shall be inserted—
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The Secretary of State may by regulations make TUPE-like provision in relation to the treatment of employees in circumstances other than those to which the main part of the TUPE regulations applies.
In this section—
the “main part of the TUPE regulations” means so much of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) as relates to the treatment of employees on the transfer of an undertaking, business or part of an undertaking or business;
“TUPE-like provision” means provision which is the same or similar to that made by the main part of the TUPE regulations.
Regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The circumstances mentioned in subsection (1) include circumstances in which there is no transfer, or no transfer to which the main part of the TUPE regulations applies.
Information obtained by a revenue official in the course of carrying out a function of the Commissioners of Inland Revenue may be—
supplied by the Commissioners of Inland Revenue to the Secretary of State for any purpose relating to the National Minimum Wage Act 1998;
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;
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.
In this section—
“worker” has the meaning given by section 13.
“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
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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)”.
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)”.
Schedule 8 shall have effect.
Any power to make an order or regulations under this Act shall be exercised by statutory instrument.
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.
There shall be paid out of money provided by Parliament—
any increase attributable to this Act in the sums so payable under any other enactment;
any other expenditure of the Secretary of State under this Act.
The provisions mentioned in Schedule 9 are repealed (or revoked) to the extent specified in column 3.
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.
An order under this section—
may make different provision for different purposes;
may include supplementary, incidental, saving or transitional provisions.
Any amendment or repeal in this Act has the same extent as the provision amended or repealed.
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—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Apart from sections 39 and 45 and subject to subsection (1), the preceding sections of this Act shall not extend to Northern Ireland.
This Act may be cited as the Employment Relations Act 1999.
Section 1.
The Schedule to be inserted immediately before Schedule 1 to the Trade Union and Labour Relations (Consolidation) Act 1992 is as follows—
Section 2.
The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as provided in this Schedule.
Section 146 (action short of dismissal on grounds related to union membership or activities) shall be amended as follows. 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 ”. 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 ”. 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 ”. In subsection (5) for “action has been taken against him” substitute “ he has been subjected to a detriment ”. After subsection (5) insert—
Section 147 shall be amended as follows. Before “An” insert “ (1) ”. 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 ”. After subsection (1) (as created by sub-paragraph (2) above) insert—
Section 148 shall be amended as follows. In subsection (1) for “action was taken against the complainant” substitute “ he acted or failed to act ”. 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 ”. In subsection (3)— For subsection (4) substitute—
In section 149 for “action” there shall be substituted “ act or failure ”
in subsections (1), (2) and (3)(a) and (b), and
in subsection (6), in the first place where “action” occurs.
In section 150(1)—
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 ”;
in paragraph (b) for “take the action” there shall be substituted “ act or fail to act in the way ”.
Section 4.
The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as provided by this Schedule.
Section 226 (requirement of ballot before action by trade union) shall be amended as follows. 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—. After subsection (3) insert—
Section 226A (notice of ballot and sample voting paper for employers) shall be amended as follows. 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 ”. After subsection (3) insert—
In section 227 (entitlement to vote in ballot) subsection (2) (position where member is denied entitlement to vote) shall be omitted.
The following shall be substituted for section 228 (separate workplace ballots)—
Section 229 (voting paper) shall be amended as follows. 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— 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. In the definition of “strike” in section 246 (interpretation) after “means” there shall be inserted “ (except for the purposes of section 229(2)) ”.
In section 230 (conduct of ballot) for subsections (2A) and (2B) there shall be substituted—
After section 232 insert—
After section 232A there shall be inserted—
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Section 234A (notice to employers of industrial action) shall be amended as follows. 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 ”. After subsection (5) insert— In subsection (7)— After subsection (7) insert— In subsection (9) for “subsection (7)” substitute “ subsections (7) to (7B) ”.
Sections 7, 8 and 9
The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as follows.
In section 237(1A) (dismissal of those taking part in unofficial industrial action)—
for the words from “section 99(1) to (3)” to the end substituteor under— and
at the end insert “ ; and a reference to a specified reason for dismissal includes a reference to specified circumstances of dismissal ”.
In section 238(2A) (dismissal in connection with other industrial action)—
for the words from “section 99(1) to (3)” to the end substituteor under— and
at the end insert “ ; and a reference to a specified reason for dismissal includes a reference to specified circumstances of dismissal ”.
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the word “or” after paragraph (a),
paragraph (b), and
the words “, or which she held before her absence,”.
The Employment Rights Act 1996 shall be amended as follows.
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subsection (4),
the word “and” after subsection (5)(a), and
subsection (5)(b).
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subsection (4),
the word “and” after subsection (5)(a), and
subsection (5)(b).
After section 47B (protection from detriment: disclosures) insert—
In section 48(1) (detriment: complaints to employment tribunals) for “or 47A” substitute “ , 47A or 47C ”.
In section 88(1)(c) (notice period: employment with normal working hours) after “childbirth” insert “ or on parental leave ”.
In section 89(3)(b) (notice period: employment without normal working hours) after “childbirth” insert “ or on parental leave ”.
In section 92(4)(b) (right to written statement of reasons for dismissal) for “maternity leave period” substitute “ ordinary or additional maternity leave period ”.
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In section 98 (fairness of dismissal)—
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in subsection (6) for “subsections (4) and (5)” substitute “ subsection (4) ”.
For section 99 (unfair dismissal: pregnancy and childbirth) substitute—
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In section 192(2) (armed forces)—
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in paragraph (b) for “55 to 57” substitute “ 55 to 57B ”.
In section 194(2)(c) (House of Lords staff) for “and 47” substitute “ , 47 and 47C ”.
In section 195(2)(c) (House of Commons staff) for “and 47” substitute “ , 47 and 47C ”.
In section 199 (mariners)—
in subsection (2) for “50 to 57” substitute “ 47C, 50 to 57B ”.
in subsection (2) omit the words “(subject to subsection (3))”, and
omit subsection (3).
In section 200(1) (police officers)—
after “47B,” insert “ 47C, ”,
for “to 57” substitute “ to 57B ”,
after “93” insert “ and ”, and
omit “and section 137”.
In section 202(2) (national security)—
in paragraph (b) for “and 47” substitute “ , 47 and 47C ”,
in paragraph (c) for “55 to 57” substitute “ 55 to 57B ”, and
in paragraph (g) for sub-paragraph (i) substitute—.
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Section 212 (weeks counted in computing period of employment) is amended as follows. Omit subsection (2). In subsection (3)— In subsection (4) omit “or (subject to subsection (2)) subsection (3)(d)”.
In section 225(5)(b) (calculation date: rights during employment) for sub-paragraph (i) substitute—.
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Section 236 (orders and regulations) shall be amended as follows. In subsection (2)(a) after “order” insert “ or regulations ”. In subsection (3)—
Section 16.
The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as follows.
In section 238 (dismissals in connection with industrial action) after subsection (2A) there shall be inserted—
The following shall be inserted after section 238—
Section 239 (supplementary provisions relating to unfair dismissal) shall be amended as follows. In subsection (1) for “Sections 237 and 238” there shall be substituted “ Sections 237 to 238A ”. 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. ” In subsection (2) after “section 238” there shall be inserted “ or 238A ”. At the end there shall be added—
Section 105 of the Employment Rights Act 1996 (redundancy) shall be amended as follows. In subsection (1)(c) for “subsections (2) to (7)” there shall be substituted “ subsections (2) to (7C). ”. After subsection (7B) (inserted by Schedule 3 to the Tax Credits Act 1999) there shall be inserted—
Section 29.
The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as provided by this Schedule.
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Section 25 (application to Certification Officer for declaration of breach of duty regarding register of members’ names and addresses) shall be amended as follows. In subsection (2)(b) (duty to give opportunity to be heard where Certification Officer considers it appropriate) omit “where he considers it appropriate,”. After subsection (5) insert— After subsection (8) insert—
Section 26 (application to court for declaration of breach of duty regarding register of members’ names and addresses) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After subsection (7) insert—
Section 31 (remedy for failure to comply with request for access to accounting records) shall be amended as follows. In subsection (1) after “the court” insert “ or to the Certification Officer ”. 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 ”. After subsection (2) insert— In subsection (3) (court’s power to grant interlocutory relief) after “an application” insert “ to it ”. After subsection (3) insert—
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. In subsection (2) (Certification Officer’s powers and duties) insert before paragraph (a)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After subsection (5) insert— In subsection (6) (entitlement to enforce order) after “been made” insert “ under subsection (5) or (5A) ”. After subsection (6) insert—
After section 45C there shall be inserted—
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Section 55 (application to Certification Officer for declaration of breach of duty regarding elections) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. After subsection (7) insert—
Section 56 (application to court for declaration of failure to comply with requirements regarding elections) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After subsection (7) insert—
After section 56 there shall be inserted—
After section 72 there shall be inserted—
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Section 80 (application to Certification Officer for declaration of failure to comply with political ballot rules) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. After subsection (7) insert—
Section 81 (application to court for declaration of failure to comply with political ballot rules) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After subsection (7) insert—
Section 82 (rules as to political fund) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After subsection (3) insert—
Section 103 (complaints about procedure relating to amalgamation or transfer of engagements) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After subsection (5) insert—
In Part I, after Chapter VII there shall be inserted—
Section 132 (provisions about application of funds for political objects to apply to unincorporated employers’ associations) shall be amended as follows. For “The” substitute “ (1) Subject to subsections (2) to (5), the ”. “;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.”
In section 258(1) (Certification Officer: annual report) for “calendar year” there shall be substituted “ financial year ”.
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) ”.
In section 256 (procedure before Certification Officer) for subsection (2) (provision for restricting disclosure of individual’s identity) there shall be substituted—
After section 256 there shall be inserted—
Section 31.
The Employment Agencies Act 1973 shall be amended as provided in this Schedule.
Section 5 (power to make general regulations) shall be amended as follows. In subsection (1) there shall be substituted for paragraphs (f) and (g) and the proviso following paragraph (g)— After subsection (1) there shall be inserted—
For section 6(1) (restriction on demand or receipt of fee for finding or seeking to find employment) there shall be substituted—
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After section 11 there shall be inserted—
For section 12(5) (regulations and orders: procedure) there shall be substituted—
In section 13(2) (definition of employment agency) for “workers” (in each place) there shall be substituted “ persons ”.
For section 13(7)(i) there shall be substituted—
Section 41.
The following shall be substituted for section 193 of the Employment Rights Act 1996 (national security)—
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The following shall be substituted for section 10 of that Act (national security, &c.)—
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Section 30 of that Act (Appeal Tribunal Procedure rules) shall be amended as follows. In subsection (2)(d) for “section 10” substitute “ section 10A ”. After subsection (2) insert—
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Section 44. Ballots and Notices Chapter Short title Extent of repeal 1992 c. 52. Trade Union and Labour Relations (Consolidation) Act 1992. In section 226(2) the word “and” at the end of paragraph (b). Section 227(2). In section 234A(7)(a) the words “otherwise than to enable the union to comply with a court order or an undertaking given to a court”.’. Leave for family reasons etc Chapter Short title Extent of repeal 1996 c. 17. Employment Tribunals Act 1996. In section 13(2)— the word “or” after paragraph (a), paragraph (b), and the words “, or which she held before her absence,”. 1996 c. 18. Employment Rights Act 1996. In section 37, subsection (4), the word “and” after subsection (5)(a), and subsection (5)(b). In section 43, subsection (4), the word “and” after subsection (5)(a), and subsection (5)(b). Section 96. Section 97(6). Section 98(5). Section 105(2). Section 108(3)(a). Section 109(2)(a). Section 114(5). Section 115(4). In section 118(1)(b), the word “, 127”. Section 119(6). Section 127. Section 137. Section 145(7). Section 146(3). Section 156(2). Section 157(6). Section 162(7). In section 199, the words “(subject to subsection (3)” in subsection (2), and subsection (3). In section 200(1), the words “and section 137”. Section 209(6). In section 212— subsection (2), in subsection (3), the word “or” after paragraph (c), and paragraph (d), in subsection (4) the words “or (subject to subsection (2)) subsection (3)(d)”. Section 226(3)(a) and (5)(a). In section 235(1), the definitions of “maternity leave period” and “notified day of return”. S.I. 1994/2479. Maternity (Compulsory Leave) Regulations 1994. The whole instrument. Agreement to exclude dismissal rights Chapter Short title Extent of repeal 1992 c. 52. Trade Union and Labour Relations (Consolidation) Act 1992. In Schedule A1, paragraph 163. 1996 c. 18. Employment Rights Act 1996. In section 44(4) the words from the beginning to “the dismissal,”. In section 45A(4) the words from “, unless” to the end. In section 46(2) the words from the beginning to “the dismissal,”. In section 47(2) the words from the beginning to “the dismissal,”. In section 47A(2) the words from the beginning to “the dismissal,”. In section 47B(2) the words from the beginning to “the dismissal,”. Section 197(1) and (2). In section 197(4) the words “(1) or”. In section 203(2)(d) the words “(1) or”. In section 209(2)(g) the words “and 197(1)”. 1999 c. 26 Employment Relations Act 1999. Section 18(6). Power to confer rights on individuals Chapter Short title Extent of repeal 1996 c. 18. Employment Rights Act 1996. Section 209(7). ACAS: general duty Chapter Short title Extent of repeal 1992 c. 52. Trade Union and Labour Relations (Consolidation) Act 1992. In section 209 the words from “, in particular” to the end. 1993 c. 19. Trade Union Reform and Employment Rights Act 1993. Section 43(1). Commissioners Chapter Short title Extent of repeal 1967 c. 13. Parliamentary Commissioner Act 1967. In Schedule 2, the entries relating to— the Office of the Commissioner for Protection Against Unlawful Industrial Action, and the Office of the Commissioner for the Rights of Trade Union Members. 1975 c. 24. House of Commons Disqualification Act 1975. In Part III of Schedule 1, the entries relating to— the Commissioner for Protection Against Unlawful Industrial Action, and the Commissioner for the Rights of Trade Union Members. 1975 c. 25. Northern Ireland Assembly Disqualification Act 1975. In Part III of Schedule 1, the entries relating to— the Commissioner for Protection Against Unlawful Industrial Action, and the Commissioner for the Rights of Trade Union Members. 1992 c. 52. Trade Union and Labour Relations (Consolidation) Act 1992. In section 65(3) the words “the Commissioner for the Rights of Trade Union Members or”. In Part I, Chapter VIII. Sections 235B and 235C. Section 266 (and the heading immediately preceding it) and sections 267 to 271. In Schedule 2, paragraphs 1 and 4(4). 1993 c. 19. Trade Union Reform and Employment Rights Act 1993. In Schedule 7, paragraph 20. In Schedule 8, paragraphs 2, 6, 7, 58 to 60 and 79 to 84. The Certification Officer Chapter Short title Extent of repeal 1992 c. 52. Trade Union and Labour Relations (Consolidation) Act 1992. In section 24(6), the second sentence. In section 24A(6), the second sentence. In section 25(2)(b) the words “where he considers it appropriate,”. Section 26(2). In section 45C(2)(a) the words “, where he considers it appropriate,” and section 45C(3) and (4). In section 54(1), the second sentence. In section 55(2)(b) the words “where he considers it appropriate,”. Section 56(2). In section 79(1), the second sentence. In section 80(2)(b) the words “where he considers it appropriate,”. Section 81(2). Employment Agencies Chapter Short title Extent of repeal 1973 c. 35. Employment Agencies Act 1973. In section 9(4)(a)(iv) the words “pursuant to or arising out of this Act”. Employment rights: employment outside Great Britain Chapter Short title Extent of repeal 1996 c. 18. Employment Rights Act 1996. Section 196. In section 199(6), the words “Section 196(6) does not apply to an employee, and”. In section 201(3)(g), the word “196,”. Section 204(2). In section 209(2)(g), the words “196(1) and”. In section 209(5), the words “, 196(2), (3) and (5)”. Sections 33 to 36 Chapter Short title Extent of repeal 1992 c. 52. Trade Union and Labour Relations (Consolidation) Act 1992. Section 157. Section 158. Section 159. Section 176(7) and (8). 1996 c. 18. Employment Rights Act 1996. In section 117, subsection (4)(b) and the word “or” before it, and subsections (5) and (6). Section 118(2) and (3). Section 120(2). Section 124(2). Section 125. Section 186(2). Section 208. Section 227(2) to (4). Section 236(2)(c). In section 236(3) the words “120(2), 124(2)”. In Schedule 1, paragraph 56(10) and (11). 1998 c. 8. Employment Rights (Dispute Resolution) Act 1998. Section 14(1). Compensatory award: removal of limit in certain cases Chapter Short title Extent of repeal 1996 c. 18. Employment Rights Act 1996. In section 112(4), the words “or in accordance with regulations under section 127B”. In section 117(2) and (3), the words “and to regulations under section 127B”. In section 118(1), the words “Subject to regulations under section 127B,”. Section 127B. 1998 c. 23. Public Interest Disclosure Act 1998. Section 8. Section 18(4)(b). National Security Chapter Short title Extent of repeal 1995 c. 50. Disability Discrimination Act 1995. Paragraph 4(1)(b) of Schedule 3, and the word “or” immediately before it. 1996 c. 17. Employment Tribunals Act 1996. Section 4(7). Section 28(5). 1998 c. 23. Public Interest Disclosure Act 1998. Section 11.