Issues and Status of the Ecumenical Patriarchate
Section 16 of the Companies Act 1967 (additional matters of general nature to be dealt with in directors' report) is amended as follows.
In subsection (1), the following paragraph is added at the end—
After subsection (1) there is inserted the following subsection—
After subsection (7) there is inserted the following subsection—
The provisions of Schedule 1 shall have effect for the purpose of enabling the Secretary of State to make payments towards compensating individuals who in certain past cases have been dismissed for failure to conform to the requirements of a union membership agreement.
The expenses incurred by the Secretary of State in consequence of that Schedule shall be defrayed out of money provided by Parliament.
In section 73 of the 1978 Act (calculation of basic award) after subsection (4) there shall be inserted—.
The following provisions of section 73, namely— shall cease to have effect; and after subsection (7B) there shall be added— .
subsection (7) (reduction of award where complainant contributed to his own dismissal, except in cases of redundancy), and
in subsection (7B) (reduction of award where justified by complainant's conduct, other than conduct taken into account under subsection (7)) the words from " other " to " subsection (7) ",
In section 71(2)(b) of the 1978 Act (additional compensation to be awarded where order under section 69 not complied with unless it was not practicable for the employer to comply) for the word " unless " there shall be substituted the words " except in a case in which the dismissal is to be regarded as unfair by virtue of section 58 or 59(a) or in which ".
For section 72 of the 1978 Act (which provides that compensation for unfair dismissal shall consist of a basic award and a compensatory award) there shall be substituted—.
After section 75 of the 1978 Act there shall be inserted—.
For subsection (1) of section 77 of the 1978 Act (interim relief where employee alleges unfair dismissal for union membership or activities) there shall be substituted—.
give at the appropriate time— a copy of the application and certificate (if any) together with notice of the date, time and place of the hearing.
Section 62 of the 1978 Act (dismissal in connection with a lock-out, strike or other industrial action) shall be amended in accordance with subsections (2) to (4) below.
In subsection (2), for paragraph (b) there shall be substituted—.
In subsection (4)(b) for sub-paragraph (ii) there shall be substituted—.
In subsection (1), after the words " an employee " there shall be inserted the words " (the ' complainant') " ; and in subsections (1)(b) and (3) for the word " employee " there shall be substituted, in each case, the word " complainant ".
In section 67 of the 1978 Act (complaint to industrial tribunal) for subsection (3) there shall be substituted—.
In section 23 of the 1978 Act, in subsection (2A) (rights of employees where there is a union membership agreement) in paragraph (b) for the words " section 58(3A), (3B) or (3C)" there shall be substituted the words " section 58 ".
For subsection (2B) of that section there shall be substituted—.
After subsection (1) of that section there shall be inserted—.
In subsection (1)(c) of that section, for the words " a trade union " there shall be substituted the words " any trade union or of a particular trade union or of one of a number of particular trade unions ".
Any term or condition of a contract for the supply of goods or services is void in so far as it purports—
to require that the whole, or some part, of the work done for the purposes of the contract is to be done only by persons who are not members of trade unions or not members of a particular trade union; or
to require that the whole, or some part, of such work is to be done only by persons who are members of trade unions or members of a particular trade union.
A person contravenes this subsection if, on the ground of union membership, he—
fails, in a case where he maintains (in whatever form) a list of approved suppliers of goods or services or a list of persons from whom tenders for the supply of goods or services may be invited to include the name of a particular person in that list;
terminates a contract for the supply of goods or services ; or
does, in relation to a proposed contract for the supply of goods or services, any of the acts mentioned in subsection (3) below.
The acts are-
excluding a particular person from the group of persons from whom tenders for the supply of the goods or services are invited;
failing to permit a particular person to submit such a tender;
otherwise determining not to enter into a contract with a particular person for the supply of the goods or services.
For the purposes of subsection (2)(a) above a person (the " first person") fails to include the name of another person (the " supplier ") in a list, on the ground of union membership, if the ground, or one of the grounds, for failing to include his name is either—
that if the supplier were to enter into a contract with the first person for the supply of goods or services work to be done for the purposes of the contract would, or would be likely to, be done by persons who were not members of trade unions or of a particular trade union; or
that if the supplier were to enter into such a contract work to be done for the purposes of the contract would, or would be likely to, be done by persons who were members of trade unions or of a particular trade union.
For the purposes of subsection (2)(b) above, a person terminates a contract on the ground of union membership if the ground, or one of the grounds, for terminating it is either—
that work done, or to be done, for the purposes of the contract has been, or is likely to be, done by persons who are not members of trade unions or of a particular trade union; or
that work done, or to be done, for the purposes of the contract has been, or is likely to be, done by persons who are members of trade unions or of a particular trade union.
For the purposes of subsection (2)(c) above, a person does an act on the ground of union membership if the ground, or one of the grounds, on which he does that act is either—
that, if the proposed contract were entered into with the person referred to in subsection (3) above, work to be done for the purposes of the contract would, or would be likely to, be done by persons who are not members of trade unions or of a particular trade union ; or
that, if the proposed contract were entered into with that person, work to be done for the purposes of the contract would, or would be likely to, be done by persons who are members of trade unions or of a particular trade union.
Subsection (2) above does not create an offence but the obligation to comply with it is a duty owed to each of the following— and any breach of that duty shall be actionable accordingly (subject to the defences and other incidents applying to actions for breach of statutory duty).
in a case falling within subsection (2)(a) above, the person referred to in subsection (4) as the supplier ;
in a case falling within subsection (2)(b) above, any other party to the contract;
in a case falling within subsection (2)(c) above, the person referred to in subsection (3) above; and
in any case, any other person who may be adversely affected by its contravention ;
Any term or condition of a contract for the supply of goods or services is void in so far as it purports to require any party to the contract—
to recognise one or more trade unions (whether or not named in the contract) for the purpose of negotiating on behalf of workers, or any class of worker, employed by him; or
to negotiate or consult with, or with any official of, one or more trade unions (whether or not so named).
A person contravenes this subsection if, on the ground of union exclusion, he acts in a manner falling within paragraph (a), (b) or (c) of section 12(2) of this Act.
For the purposes of subsection (2) above, a person acts on the ground of union exclusion if the ground or one of the grounds for his action is that the person against whom it is taken does not, or is not likely to, recognise, negotiate or consult as mentioned in subsection (1) above.
Subsection (2) above does not create an offence but the obligation to comply with it is a duty owed to each of the following— and any breach of that duty shall be actionable accordingly (subject to the defences and other incidents applying to actions for breach of statutory duty).
the person against whom the action is taken ; and
any other person who may be adversely affected by the contravention,
Nothing in section 13 of the 1974 Act shall prevent an act being actionable in tort in any case where a person induces, or attempts to induce, another— and the act constitutes, or is one of a number of acts which together constitute, the inducement or attempted inducement.
to incorporate in a contract to which that other person is a party, or proposed contract to which that other person intends to be a party, any term or condition which is, or would be, void by virtue of section 12(1) or 13(1) of this Act; or
to contravene section 12(2) or 13(2);
Nothing in section 13 of the 1974 Act shall prevent an act which interferes with the supply (whether or not under a contract) of goods or services, or can reasonably be expected to have such an effect, being actionable in tort in any case where subsection (3) below is satisfied and one of the facts relied upon for the purpose of establishing liability is that any person has—
induced another to break a contract of employment or interfered or induced another to interfere with its performance; or
threatened that a contract of employment under which he or another is employed will be broken or its performance interfered with, or that he will induce another to break a contract of employment or to interfere with its performance.
This subsection is satisfied if—
the reason, or one of the reasons, for doing the act is that work done or to be done in connection with the supply of the goods or services in question has been, or is likely to be, done by persons (other than persons employed by the relevant employer) who are not members of trade unions or of a particular trade union ;
the reason, or one of the reasons, for doing the act is that such work has been, or is likely to be, done by persons (other than persons employed by the relevant employer) who are members of trade unions or of a particular trade union ; or
the supplier of the goods or services in question is not the relevant employer and the reason, or one of the reasons, for doing the act is that the supplier does not, or is not likely to, recognise, negotiate or consult as mentioned in section 13.
In subsection (3) above " the relevant employer " means the employer under the contract of employment mentioned in subsection (2) above.
Section 14 of the 1974 Act (immunity for trade unions and employers' associations from certain actions in tort) shall cease to have effect.
Where proceedings in tort are brought against a trade union— then, for the purpose of determining in those proceedings whether the union is liable in respect of the act in question, that act shall be taken to have been done by the union if, but only if, it was authorised or endorsed by a responsible person.
on a ground specified in paragraph (a) or (b) of section 13(1) of the 1974 Act; or
in respect of an agreement or combination by two or more persons to do or to procure the doing of an act which, if it were done without any such agreement or combination, would be actionable in tort on such a ground;
For the purposes of this section, but subject to subsection (4) below, an act shall not be taken to have been authorised or endorsed by a responsible person unless it was authorised or, as the case may be, endorsed—
by the principal executive committee ;
by any other person who is empowered by the rules to authorise or, as the case may be, endorse acts of the kind in question ;
by the president or general secretary ;
by any other official who is an employed official; or
by any committee of the union to whom an employed official regularly reports.
An act shall not be taken, by virtue of subsection (3)(d) or (e) above, to have been authorised or endorsed by a responsible person if—
that person was, at the time in question, prevented by the rules from authorising or endorsing acts of the kind in question ; or
the act has been repudiated by the principal executive committee or by the president or general secretary.
For the purposes of subsection (4)(b) above, an act shall not be treated as repudiated unless—
it is repudiated as soon as is reasonably practicable after the purported authorisation or endorsement of the act has come to the knowledge of the principal executive committee or, as the case may be, of the president or general secretary ; and
the person who purported to authorise or endorse the act has been notified in writing and without delay that it has been repudiated.
An act shall not be treated as repudiated, notwithstanding subsection (5) above, if at any time after the union concerned purported to repudiate it the principal executive committee or president or general secretary has behaved in a manner which is inconsistent with the purported repudiation.
In this section—
"provident benefits" includes any payment, expressly authorised by the rules of the union, which is made to a member during sickness or incapacity from personal injury or while out of work, or to an aged member by way of superannuation, or to a member who has met with an accident or has lost his tools by fire or theft, and includes a payment in discharge or aid of funeral expenses on the death of a member or the wife of a member, or as provision for the children of a deceased member; and
" personal injury" includes any disease and any impairment of a person's physical or mental condition.
" president" means the official of the union concerned who holds the office of president or, where there is no such office, who holds the office which is equivalent, or the nearest equivalent, to that of president;
" political fund " means a fund which is a political fund for the purposes of section 3 of the Trade Union Act 1913 and which is (and was at the time when the act in respect of which the proceedings are brought was done) subject to rules of the union which prevent property which is or has been comprised in the fund from being used for financing strikes or other industrial action;
" the 1980 Act " means the Employment Act 1980 ;
Where, for the purpose of any proceedings, an act is by virtue of this section taken to have been done by a trade union nothing in this section shall affect the liability of any other person in those or any other proceedings in respect of that act.
Subject to subsection (2) below, in any proceedings in tort brought against a trade union the amount which may be awarded against the union by way of damages in those proceedings shall not exceed the appropriate limit.
Subsection (1) above does not apply to any proceedings—
for any of the following resulting in personal injury to any person, that is to say negligence, nuisance or breach of duty; or
without prejudice to paragraph (d) above, for breach of duty in connection with the ownership, occupation, possession, control or use of property (whether real or personal or, in Scotland, heritable or moveable).
The appropriate limit is—
£10,000, if the union has less than 5,000 members ;
£50,000, if it has 5,000 or more members but less than 25,000 members;
£125,000, if it has 25,000 or more members but less than 100,000 members ; and
£250,000, if it has 100,000 or more members.
The Secretary of State may by order vary any of the sums for the time being specified in subsection (3) above.
An order under subsection (4) above—
shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and
may make such transitional provision as the Secretary of State considers appropriate.
In this section—
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disregarding any question of an order for reinstatement or re-engagement;
assuming, in relation to a dismissal occurring before 1st June 1976, that the provisions of the 1975 Act were in force relating to the basic award of compensation; and
taking into account the actual loss sustained by him rather than such loss as might have been foreseen at the time,
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the findings of any industrial tribunal in proceedings arising out of the dismissal in question ; and
any report made in relation to the application by a person appointed under paragraph 6.
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Section 20.
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Section 21.
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for the words from "relating to a trade dispute", where first occurring, to " Trade Union and Labour Relations Act 1974 " there shall be substituted the words " relating to a trade dispute within the meaning of the Employment Protection Act 1975 ";
for the words " the said Act of 1974 " there shall be substituted the words " the Trade Union and Labour Relations Act 1974 ".
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For the purposes of this section, in any case where a trade union consists wholly or mainly of organisations or representatives of organisations, the members of such of those organisations as have their head or main office in Great Britain shall be treated as members of the union.
Where in any proceedings an amount is awarded by way of damages, costs or expenses— no part of that amount shall be recoverable by enforcement against any protected property.
against a trade union or employers' association ;
against trustees in whom property is vested in trust for a trade union or employers' association, in their capacity as such and otherwise than in respect of a breach of trust on their part; or
against members or officials of a trade union or employers' association on behalf of themselves and all of the members of the union or association;
In this section " protected property " means any property—
belonging to the trustees concerned otherwise than in their capacity as such ;
belonging to any member of the union or association concerned otherwise than jointly or in common with the other members;
belonging to any official of the union or association concerned who is neither a member nor such a trustee ;
comprised in a political fund of the union concerned; or
comprised in a provident benefits fund of the union concerned.
In subsection (2) above—
"the 1978 Act" means the Employment Protection (Consolidation) Act 1978 ;
Section 29 of the 1974 Act (meaning of "trade dispute ") shall be amended as follows.
In the opening words of subsection (1) (which define a " trade dispute " by reference to the parties to the dispute and its connection with certain matters)—
for " between employers and workers " there shall be substituted " between workers and their employer ";
the words " , or between workers and workers," shall be omitted; and
for " is connected with " there shall be substituted " relates wholly or mainly to ".
In subsection (2) (which extends the definition to certain disputes with a Minister of the Crown who does not employ the workers in question) for " employer and those workers " there shall be substituted " those workers and their employer ".
In subsection (3) (which extends the definition to disputes relating to matters occurring outside Great Britain) for " occurring outside Great Britain " there is substituted " occurring outside the United Kingdom, so long as the person or persons whose actions in the United Kingdom are said to be in contemplation or furtherance of a trade dispute relating to matters occurring outside the United Kingdom are likely to be affected in respect of one or more of the matters specified in subsection (1) of this section by the outcome of that dispute ".
Subsection (4) (which provides that a dispute with a trade union or employers' association is necessarily to be treated as a dispute to which workers or, as the case may be, employers are a party) shall be omitted.
In subsection (6) for the definition of " worker " there is substituted—.
The amendments made by this section do not affect the question whether an act done by a person is done by him in contemplation or furtherance of a dispute, whether he is a party to the dispute or not.
In section 13 of the 1974 Act (acts in contemplation or furtherance of trade disputes) subsection (2) shall cease to have effect.
In section 30 of the 1974 Act (interpretation), in the translation of " tort" as respects Scotland, for the words from " any " to " reparation " there shall be substituted the word " delict ".
The amendments set out in Schedule 2 shall have effect for the following purposes—
amending enactments which confer rights by reference to the length of an employee's period of continuous employment so as to substitute for periods expressed in weeks or years of fifty-two weeks corresponding periods expressed in months or years of twelve months ;
modifying the computation of an employee's period of continuous employment under Schedule 13 to the 1978 Act so as to provide for computing the length of the period in months and years of twelve months;
making minor and consequential amendments in connection with the purposes mentioned in paragraphs (a) and (b).
The amendments set out in Schedule 2 shall not apply—
where the date by reference to which the length of an employee's period of continuous employment falls to be ascertained (" the qualification date") is before the commencement of this section, or
where the result would be to deprive a person of any right or entitlement which he would have had if the qualification date had fallen immediately before the commencement of this section.
Subject to subsection (2), the amendments set out in Schedule 2 shall, so far as they relate to the computation of the length of a period of continuous employment, apply to periods before the commencement of this section as they apply to later periods.
Nothing in this section shall affect—
any order made before the commencement of this section under section 18, 65 or 96 of the 1978 Act or any corresponding earlier enactment (exclusion of certain sections where equivalent protection afforded by collective agreement or wages order); or
the operation of any agreement or wages order to which such an order relates or the operation of any provision of the 1978 Act in relation to such an agreement or wages order.
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In this Act—
" employers' association ", " official " (in relation to a trade union), " special register body ", " tort" (as respects Scotland), " trade union " and " worker " have the same meanings as in the 1974 Act.
" the 1975 Act" means the Employment Protection Act 1975 ;
"the 1976 Act" means the Trade Union and Labour Relations (Amendment) Act 1976 ;
Schedule 3 to this Act (which makes minor and consequential amendments) shall have effect.
The enactments mentioned in Schedule 4 to this Act are hereby repealed to the extent set out in the third column.
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This Act may be cited as the Employment Act 1982.
This Act, except section 2 and Schedule 1, shall not come into operation until such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be so appointed for different purposes.
An order under this section may contain such transitional and supplemental provisions as appear to the Secretary of State to be necessary or expedient.
Without prejudice to subsection (3) above—
an order under this section bringing section 3 above into operation may provide that, for such period as may be specified in the order, section 58 of the 1978 Act (as substituted by section 3) shall have effect as if section 58(3)(c) applied only to a union membership agreement taking effect in relation to the employees in question after 14th August 1980 ; and
an order under this section bringing section 10 above into operation may make corresponding provision in respect of section 23 (2B) of the 1978 Act (as substituted by section 10(2) above).
Paragraph 13(4) of Schedule 3 to this Act shall extend tc Northern Ireland, but otherwise this Act shall not extend there.