40 Protection of employees in respect of jury service
(1) In Part 5 of the Employment Rights Act 1996 (c. 18) (protection from suffering detriment in employment), before section 44 (but after the cross-heading immediately preceding that section) insert—
Jury service
43M (1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer on the ground that the employee—
(a) has been summoned under the Juries Act 1974, the Coroners Act 1988, the Court of Session Act 1988 or the Criminal Procedure (Scotland) Act 1995 to attend for service as a juror, or
(b) has been absent from work because he attended at any place in pursuance of being so summoned.
(2) This section does not apply where the detriment in question amounts to dismissal within the meaning of Part 10.
(3) For the purposes of this section, an employee is not to be regarded as having been subjected to a detriment by a failure to pay remuneration in respect of a relevant period unless under his contract of employment he is entitled to be paid that remuneration.
(4) In subsection (3) “a relevant period” means any period during which the employee is absent from work because of his attendance at any place in pursuance of being summoned as mentioned in subsection (1)(a).
(2) In section 48(1) of that Act (application to employment tribunal), after “section” insert “ 43M, ”.
(3) After section 98A of that Act insert—
Jury service
98B (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—
(a) has been summoned under the Juries Act 1974, the Coroners Act 1988, the Court of Session Act 1988 or the Criminal Procedure (Scotland) Act 1995 to attend for service as a juror, or
(b) has been absent from work because he attended at any place in pursuance of being so summoned.
(2) Subsection (1) does not apply in relation to an employee who is dismissed if the employer shows—
(a) that the circumstances were such that the employee’s absence in pursuance of being so summoned was likely to cause substantial injury to the employer’s undertaking,
(b) that the employer brought those circumstances to the attention of the employee,
(c) that the employee refused or failed to apply to the appropriate officer for excusal from or a deferral of the obligation to attend in pursuance of being so summoned, and
(d) that the refusal or failure was not reasonable.
(3) In paragraph (c) of subsection (2) “the appropriate officer” means—
(a) in the case of a person who has been summoned under the Juries Act 1974, the officer designated for the purposes of section 8, 9 or, as the case may be, 9A of that Act;
(b) in the case of a person who has been summoned under the Coroners Act 1988, a person who is the appropriate officer for the purposes of any rules made under subsection (1) of section 32 of that Act by virtue of subsection (2) of that section;
(c) in the case of a person who has been summoned under the Court of Session Act 1988, either—
(i) the clerk of court issuing the citation to attend for jury service; or
(ii) the clerk of the court before which the person is cited to attend for jury service;
(d) in the case of a person who has been summoned under the Criminal Procedure (Scotland) Act 1995, either—
(i) the clerk of court issuing the citation to attend for jury service; or
(ii) the clerk of the court before which the person has been cited to attend for jury service;
and references in that paragraph to a refusal or failure to apply include references to a refusal or failure to give a notice under section 1(2)(b) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980.
(4) In section 105 of that Act (redundancy), for subsection (1)(c) substitute—
(c) it is shown that any of subsections (2A) to (7F) applies.
(5) In that section, before subsection (3) insert—
(2A) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in subsection (1) of section 98B (unless the case is one to which subsection (2) of that section applies).
(6) In section 108(3) of that Act (exceptions to one year qualifying period of continuous employment for claims of unfair dismissal), before paragraph (b) insert—
(aa) subsection (1) of section 98B (read with subsection (2) of that section) applies,
.
(7) In section 109(2) of that Act (exceptions to upper age limit for claims of unfair dismissal), before paragraph (b) insert—
(aa) subsection (1) of section 98B (read with subsection (2) of that section) applies,
.
(8) In section 237(1A)(a) of the 1992 Act (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)—
(a) after “section” insert “ 98B, ”; and
(b) after “(dismissal in” insert “ jury service, ”.
(9) In section 238(2A)(a) of the 1992 Act (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section)—
(a) after “section” insert “ 98B, ”; and
(b) after “(dismissal in” insert “ jury service, ”.
(1) In section 237(1A)(a) of the 1992 Act (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)—
(a) for “or 103A” substitute “ , 103A or 104C ”; and
(b) for “and protected disclosure” substitute “ , protected disclosure and flexible working ”.
(2) In section 238(2A)(a) of that Act (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section)—
(a) for “or 103” substitute “ , 103 or 104C ”; and
(b) for “and employee representative” substitute “ , employee representative and flexible working ”.
(3) In section 48(1) of the Employment Rights Act 1996 (c. 18) (complaints to employment tribunals), for “47D” substitute “ 47E ”.
(4) After subsection (7B) of section 105 of that Act (redundancy) insert—
(7BA) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104C.
(5) In section 108(3) of that Act (exceptions to one year qualifying period of continuous employment for claims for unfair dismissal), after paragraph (gh) insert—
(gi) section 104C applies,
.
(6) In section 109(2) of that Act (exceptions to upper age limit for claims for unfair dismissal), after paragraph (gh) insert—
(gi) section 104C applies,
.
(7) In sections 194(2) and 195(2) of that Act (provisions of the Act which have effect in relation to employment as a member of the staff of the House of Lords or the House of Commons), in paragraph (c) for “and 47D” substitute “ , 47D and 47E ”.
(8) In section 199(2) of that Act (provisions of the Act not applicable to share fishermen) for “47D” substitute “ 47E ”.
(1) The Secretary of State may make regulations for the purpose of conferring on employees of an employer to whom the regulations apply, or on representatives of those employees, rights—
(a) to be informed by the employer about prescribed matters;
(b) to be consulted by the employer about prescribed matters.
(2) Regulations made under subsection (1) must make provision as to the employers to whom the regulations apply which may include provision—
(a) applying the regulations by reference to factors including the number of employees in the United Kingdom in the employer’s undertaking;
(b) as to the method by which the number of employees in an employer’s undertaking is to be calculated; and
(c) applying the regulations to different descriptions of employer with effect from different dates.
(3) Regulations made under subsection (1) may make provision—
(a) as to the circumstances in which the rights mentioned in subsection (1) arise and the extent of those rights;
(b) for and about the initiation and conduct of negotiations between employers to whom the regulations apply and their employees for the purposes of reaching an agreement satisfying prescribed conditions about the provision of information to the employees, and consultation of them (whether that provision or consultation is to be direct or through representatives);
(c) about the representatives the employees may have for the purposes of the regulations and the method by which those representatives are to be selected;
(d) as to the resolution of disputes and the enforcement of obligations imposed by the regulations or by an agreement of the kind mentioned in paragraph (b).
(4) Regulations made under subsection (1) may—
(a) confer jurisdiction (including exclusive jurisdiction) on employment tribunals and on the Employment Appeal Tribunal;
(b) confer functions on the Central Arbitration Committee;
(c) require or authorise the holding of ballots;
(d) amend, apply with or without modifications, or make provision similar to any provision of the Employment Rights Act 1996 (c. 18) (including, in particular, Parts 5, 10 and 13), the Employment Tribunals Act 1996 (c. 17) or the 1992 Act;
(e) include supplemental, incidental, consequential and transitional provision, including provision amending any enactment;
(f) make different provision for different cases or circumstances.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Nothing in subsections (2) to (4) prejudices the generality of this section.
(7) Regulations under this section shall be made by statutory instrument.
(8) No such regulations may be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.
(9) In this section “prescribed” means prescribed by regulations under this section.
(1) The Department for Employment and Learning may make regulations for the purpose of conferring on employees of an employer to whom the regulations apply, or on representatives of those employees, rights—
(a) to be informed by the employer about prescribed matters;
(b) to be consulted by the employer about prescribed matters.
(2) Regulations made under subsection (1) must make provision as to the employers to whom the regulations apply which may include provision—
(a) applying the regulations by reference to factors including the number of employees in the United Kingdom in the employer’s undertaking;
(b) as to the method by which the number of employees in an employer’s undertaking is to be calculated; and
(c) applying the regulations to different descriptions of employer with effect from different dates.
(3) Regulations made under subsection (1) may make provision—
(a) as to the circumstances in which the rights mentioned in subsection (1) arise and the extent of those rights;
(b) for and about the initiation and conduct of negotiations between employers to whom the regulations apply and their employees for the purposes of reaching an agreement satisfying prescribed conditions about the provision of information to the employees, and consultation of them (whether that provision or consultation is to be direct or through representatives);
(c) about the representatives the employees may have for the purposes of the regulations and the method by which those representatives are to be selected;
(d) as to the resolution of disputes and the enforcement of obligations imposed by the regulations or by an agreement of the kind mentioned in paragraph (b).
(4) Regulations made under subsection (1) may—
(a) confer jurisdiction (including exclusive jurisdiction) on industrial tribunals and on the High Court;
(b) confer functions on the Industrial Court;
(c) require or authorise the holding of ballots;
(d) amend, apply with or without modifications, or make provision similar to any provision of—
(i) the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5));
(ii) the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12));
(iii) the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))(including, in particular, Parts 6, 11 and 15); or
(iv) the Industrial Tribunals (Northern Ireland) Order 1996 (S.I. 1996/1921 (N.I. 18));
(e) include supplemental, incidental, consequential and transitional provision, including provision amending any enactment;
(f) make different provision for different cases or circumstances.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Nothing in subsections (2) to (4) prejudices the generality of this section.
(7) Power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(8) No regulations under this section may be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.
(9) In this section—
“enactment” includes—
a provision of an Act;
a provision of, or of any instrument made under, Northern Ireland legislation; and
a provision of subordinate legislation;
“the Industrial Court” means the Industrial Court constituted under Article 91 of the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5));
“industrial tribunals” has the meaning given by section 42(5) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)); and
“prescribed” means prescribed by regulations under this section.
After section 16 of the National Minimum Wage Act 1998 (c. 39) insert—
Disclosure of information by officers
16A (1) Subsection (2) applies to information obtained for the purposes of the relevant legislation by an enforcement officer so far as that information relates to an identifiable worker or agency worker.
(2) In order to enable or assist him to act for the purposes of the relevant legislation, the enforcement officer may disclose all or any of the information to the worker or, as the case may be, agency worker concerned.
(3) Subsection (4) applies to information obtained for the purposes of the relevant legislation by an enforcement officer so far as that information relates to an identifiable employer or person who is the agent or the principal for the purposes of section 34 below.
(4) In order to enable or assist him to act for the purposes of the relevant legislation, the officer may disclose all or any of the information to the employer, the agent or, as the case may be, the principal concerned.
(5) In this section—
“agency worker” shall be construed in accordance with section 34 below;
“enforcement officer” means—
an officer acting for the purposes of this Act, whether by virtue of paragraph (a) or (b) of section 13(1) above;
an officer acting for the purposes of the Agricultural Wages Act 1948; or
an officer acting for the purposes of the Agricultural Wages (Regulation) (Northern Ireland) Order 1977;
“the relevant legislation” means—
in relation to an enforcement officer acting for the purposes of this Act, this Act;
in relation to an enforcement officer acting for the purposes of the Agricultural Wages Act 1948, that Act; and
in relation to an enforcement officer acting for the purposes of the Agricultural Wages (Regulation) (Northern Ireland) Order 1977, that Order.
48 Striking out by Certification Officer of applications or complaints
After section 256 of the 1992 Act, insert—
Striking out
256ZA (1) At any stage of proceedings on an application or complaint made to the Certification Officer, he may—
(a) order the application or complaint, or any response, to be struck out on the grounds that it is scandalous, vexatious, has no reasonable prospect of success or is otherwise misconceived,
(b) order anything in the application or complaint, or in any response, to be amended or struck out on those grounds, or
(c) order the application or complaint, or any response, to be struck out on the grounds that the manner in which the proceedings have been conducted by or on behalf of the applicant or complainant or (as the case may be) respondent has been scandalous, vexatious, or unreasonable.
(2) The Certification Officer may order an application or complaint made to him to be struck out for excessive delay in proceeding with it.
(3) An order under this section may be made on the Certification Officer’s own initiative and may also be made—
(a) if the order sought is to strike out an application or complaint, or to amend or strike out anything in an application or complaint, on an application by the respondent, or
(b) if the order sought is to strike out any response, or to amend or strike out anything in any response, on an application by the person who made the application or complaint mentioned in subsection (1).
(4) Before making an order under this section, the Certification Officer shall send notice to the party against whom it is proposed that the order should be made giving him an opportunity to show cause why the order should not be made.
(5) Subsection (4) shall not be taken to require the Certification Officer to send a notice under that subsection if the party against whom it is proposed that the order under this section should be made has been given an opportunity to show cause orally why the order should not be made.
(6) Nothing in this section prevents the Certification Officer from making further provision under section 256(1) about the striking out of proceedings on any application or complaint made to him.
(7) An appeal lies to the Employment Appeal Tribunal on any question of law arising from a decision of the Certification Officer under this section.
(8) In this section—
“response” means any response made by a trade union or other body in the exercise of a right to be heard, or to make representations, in response to the application or complaint;
“respondent” means any trade union, or other body, that has such a right.
49 Restriction of proceedings orders: proceedings before Certification Officer
(1) Section 33 of the Employment Tribunals Act 1996 (c. 17) (restriction of proceedings orders) is amended in accordance with subsections (2) to (7).
(2) In subsection (1)(a), after “whether”, where it first occurs, insert “ before the Certification Officer, ”.
(3) In subsection (1)(b), after “whether” insert “ before the Certification Officer, ”.
(4) In subsection (2)(a), after “instituted” insert “ before the Certification Officer, ”.
(5) In subsection (2)(b), after “him”, where it first occurs, insert “ before the Certification Officer, ”.
(6) In subsection (2)(c), after “proceedings” insert “ before the Certification Officer, ”.
(7) In subsection (4)—
(a) after “proceedings”, where it first occurs, insert “ before the Certification Officer, ”; and
(b) for “the process of the tribunal in question” substitute “ process ”.
(8) In section 42 of that Act (interpretation), in subsection (1), after the definition of “appointed member” insert—
“Certification Officer” shall be construed in accordance with section 254 of the Trade Union and Labour Relations (Consolidation) Act 1992,
.
(9) In section 256A of the 1992 Act (power of Certification Officer to refuse to entertain applications and complaints made by vexatious litigants), in subsection (4) (definition of “vexatious litigant” for the purposes of that section) omit paragraph (a).
50 Amalgamations: approval, listing and certification
(1) In section 98 of the 1992 Act (approval of instrument of amalgamation or transfer) for subsection (2) substitute—
(2) If the Certification Officer is satisfied—
(a) that an instrument of amalgamation complies with the requirements of any regulations in force under this Chapter, and
(b) that he is not prevented from approving the instrument of amalgamation by subsection (3),
he shall approve the instrument.
(3) The Certification Officer shall not approve an instrument of amalgamation if it appears to him that the proposed name of the amalgamated union is the same as the name under which another organisation—
(a) was on 30th September 1971 registered as a trade union under the Trade Union Acts 1871 to 1964,
(b) was at any time registered as a trade union or employers' association under the Industrial Relations Act 1971, or
(c) is for the time being entered in the list of trade unions or in the list of employers' associations,
or if the proposed name is one so nearly resembling any such name as to be likely to deceive the public.
(4) Subsection (3) does not apply if the proposed name is the name of one of the amalgamating unions.
(5) If the Certification Officer is satisfied that an instrument of transfer complies with the requirements of any regulations in force under this Chapter, he shall approve the instrument.
(2) After section 101 of that Act insert—
Listing and certification after amalgamation
101A (1) Subsection (2) applies if when an instrument of amalgamation is registered by the Certification Officer under this Chapter each of the amalgamating unions is entered in the list of trade unions.
(2) The Certification Officer shall—
(a) enter, with effect from the amalgamation date, the name of the amalgamated union in the list of trade unions, and
(b) remove, with effect from that date, the names of the amalgamating unions from that list.
(3) Subsection (4) applies if when an instrument of amalgamation is registered by the Certification Officer under this Chapter each of the amalgamating unions has a certificate of independence which is in force.
(4) The Certification Officer shall issue to the amalgamated trade union, with effect from the amalgamation date, a certificate that the union is independent.
(5) In this section “the amalgamation date” means the date on which the instrument of amalgamation takes effect.
Supply of information by amalgamated union
101B (1) If an instrument of amalgamation is registered under this Chapter by the Certification Officer and the amalgamated union is entered in the list of trade unions in accordance with section 101A, that union shall send to him, in such manner and form as he may require—
(a) a copy of the rules of the union,
(b) a list of its officers, and
(c) the address of its head or main office.
(2) The information required to be sent under subsection (1) must be accompanied by any fee prescribed for the purpose under section 108.
(3) The information must be sent—
(a) before the end of the period of six weeks beginning with the date on which the instrument of amalgamation takes effect, or
(b) if the Certification Officer considers that it is not reasonably practicable for the amalgamated union to send it in that period, before the end of such longer period, beginning with that date, as he may specify to the amalgamated union.
(4) If any of subsections (1) to (3) are not complied with by the amalgamated union, the Certification Officer shall remove its name from the list of trade unions.
(3) In section 133(2) of the 1992 Act (modifications of Chapter 7 of Part 1 in its application to amalgamations of unincorporated employers' associations)—
(a) omit “and” at the end of paragraph (b) and after that paragraph insert—
(ba) as if the references in sections 101A and 101B to the list of trade unions were to the list of employers' associations, and
; and
(b) in paragraph (c), after “101(3)” insert “ , 101A(3) and (4) ”.
(4) In section 298 of that Act (definitions for the purposes of the Act) at the appropriate place insert—
“certificate of independence” means a certificate issued under—
(a) section 6(6), or
(b) section 101A(4);
(5) In section 299 of that Act (index of defined terms), at the appropriate place insert—
certificate of independence | section 298.
(6) In each of paragraphs 6, 35(4)(a), 44(4)(a), 60(4), 134(1)(b) and 138 of Schedule A1 to that Act (requirements for union to be independent) for the words “under section 6 that it is independent” substitute “ of independence ”.
51 Restriction of grounds of appeal from Certification Officer
(1) In section 9 of the 1992 Act (appeal against decision of Certification Officer relating to the list of trade unions or a certificate of independence)—
(a) at the end of each of subsections (1) and (2), insert “ on any appealable question ”;
(b) omit subsection (3); and
(c) in subsection (4), for “The rights of appeal conferred by this section extend to any question of fact or law” substitute “ For the purposes of this section, an appealable question is any question of law ”.
(2) In section 126 of the 1992 Act (appeal against decision of Certification Officer relating to the list of employers' associations)—
(a) at the end of subsection (1), insert “ on any appealable question ”;
(b) omit subsection (2); and
(c) in subsection (3), for “The right of appeal conferred by this section extend to any question of fact or law” substitute “ For the purposes of this section, an appealable question is any question of law ”.
52 Additional case in which election for president of union not required
(1) Section 46 of the 1992 Act (requirement to hold elections for certain positions in trade unions) is amended as follows.
(2) In subsection (2), omit the words after paragraph (d).
(3) After subsection (4) insert—
(4A) This Chapter also does not apply to the position of president if—
(a) the holder of that position was elected or appointed to it in accordance with the rules of the union,
(b) at the time of his election or appointment as president he held a position mentioned in paragraph (a), (b) or (d) of subsection (2) by virtue of having been elected to it at a qualifying election,
(c) it is no more than five years since—
(i) he was elected, or re-elected, to the position mentioned in paragraph (b) which he held at the time of his election or appointment as president, or
(ii) he was elected to another position of a kind mentioned in that paragraph at a qualifying election held after his election or appointment as president of the union, and
(d) he has, at all times since his election or appointment as president, held a position mentioned in paragraph (a), (b) or (d) of subsection (2) by virtue of having been elected to it at a qualifying election.
(4) In subsection (5), at the beginning, insert “ In subsection (4) ”.
(5) After subsection (5) insert—
(5A) In subsection (4A) “qualifying election” means an election satisfying the requirements of this Chapter.
(5B) The “requirements of this Chapter” referred to in subsections (1) and (5A) are those set out in sections 47 to 52 below.
53 Removal of rule preventing appointment of body corporate as auditor
(1) In section 34(5) of the 1992 Act (persons not to act as auditor of a trade union), omit paragraph (c).
(2) In section 36 of that Act (auditor’s report), after subsection (1) insert—
(1A) The report shall state the names of, and be signed by, the auditor or auditors.
(3) After subsection (4) of that section add—
(5) Any reference in this section to signature by an auditor is, where the office of auditor is held by a body corporate or partnership, to signature in the name of the body corporate or partnership by an individual authorised to sign on its behalf.
(4) In section 37 of that Act (rights of auditors), after subsection (3) add—
(4) In the case of an auditor which is a body corporate or partnership, its right to attend or be heard at a meeting is exercisable by an individual authorised by it to act as its representative at the meeting.
(1) The Secretary of State may by order provide, in relation to any description of ballot or election authorised or required by the 1992 Act, that any ballot or election of that description is to be conducted by such one or more permissible means as the responsible person determines.
(2) A “permissible means” is a means of voting that the order provides is permissible for that description of ballot or election.
(3) “The responsible person” is a person specified, or of a description specified, by the order.
(4) An order under this section may—
(a) include provision about the determinations that may be made by the responsible person, including provision requiring specified factors to be taken into account, or specified criteria to be applied, in making a determination;
(b) allow the determination of different means of voting for voters in different circumstances;
(c) allow a determination to be such that voters have a choice of means of voting.
(5) The means that an order specifies as permissible means must, in the case of any description of ballot or election, include (or consist of) postal voting.
(6) An order under this section may—
(a) include supplemental, incidental and consequential provisions;
(b) make different provision for different cases or circumstances.
(7) An order under this section may—
(a) modify the provisions of the 1992 Act;
(b) exclude or apply (with or without modifications) any provision of that Act;
(c) make provision as respects any ballot or election conducted by specified means which is similar to any provision of that Act relating to ballots or elections.
(8) The power to make an order under this section is exercisable by statutory instrument.
(9) No order may be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(10) The Secretary of State shall not make an order under this section which provides that a means of voting is permissible for a description of ballot or election unless he considers—
(a) that a ballot or election of that description conducted by that means could, if particular conditions were satisfied, meet the required standard; and
(b) that, in relation to any ballot or election of that description held after the order comes into force, the responsible person will not be permitted to determine that that means must or may be used by any voters unless he has taken specified factors into account or applied specified criteria.
(11) In specifying in an order under this section factors to be taken into account or criteria to be applied by the responsible person, the Secretary of State must have regard to the need for ballots and elections to meet the required standard.
(12) For the purposes of subsections (10) and (11) a ballot or election meets “the required standard” if it is such that—
(a) those entitled to vote have an opportunity to do so;
(b) votes cast are secret;
(c) the risk of any unfairness or malpractice is minimised.
(13) In this section “specified” means specified in an order under this section.
55 Provision of money for trade union modernisation
(1) Before section 117 of the 1992 Act (and before the cross-heading immediately preceding that section) insert—
Union modernisation
Provision of money for union modernisation
116A (1) The Secretary of State may provide money to a trade union to enable or assist it to do any or all of the following—
(a) improve the carrying out of any of its existing functions;
(b) prepare to carry out any new function;
(c) increase the range of services it offers to persons who are or may become members of it;
(d) prepare for an amalgamation or the transfer of any or all of its engagements;
(e) ballot its members (whether as a result of a requirement imposed by this Act or otherwise).
(2) No money shall be provided to a trade union under this section unless at the time when the money is provided the union has a certificate of independence.
(3) Money may be provided in such a 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).
(4) If money is provided to a trade union under this section, the terms on which it is so provided shall be deemed to include a prohibition (“a political fund prohibition”) on any of it being added to the political fund of the union.
(5) If a political fund prohibition is contravened, the Secretary of State—
(a) is entitled to recover from the trade union as a debt due to him an amount equal to the amount of money added to the union’s political fund in contravention of the prohibition (whether or not that money continues to form part of the political fund); and
(b) must take such steps as are reasonably practicable to recover that amount.
(6) An amount recoverable under subsection (5) is a liability of the trade union’s political fund.
(7) Subsection (5) does not prevent money provided to a trade union under this section from being provided on terms containing further sanctions for a contravention of the political fund prohibition.
(2) In section 118 of that Act (federated trade unions), after subsection (7) add—
(8) In the application of section 116A to a federated trade union, subsection (2) of that section shall be omitted.
(1) Schedule 1 (which makes minor and consequential amendments) has effect.
(2) The enactments specified in Schedule 2 are hereby repealed to the extent specified there.
An Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of this Act (other than sections 43 to 46)—
(a) shall not be subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This Act may be cited as the Employment Relations Act 2004.
(2) This section and sections 42, 43, 56 and 58 shall come into force on the day on which this Act is passed.
(3) The other provisions of this Act shall not come into force until such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.
(4) An order under subsection (3) may contain such transitional provisions and savings as the Secretary of State considers necessary or expedient in connection with the coming into force of any of the provisions of this Act.
(5) Subject to subsections (6) and (7), this Act extends to England and Wales and to Scotland.
(6) Any amendment by this Act of an enactment (including an enactment contained in Northern Ireland legislation) has the same extent as the enactment amended.
(7) Sections 43 and 58 extend to Northern Ireland only.
Section 57(1)
Agricultural Wages Act 1948
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Agricultural Wages (Regulation) (Northern Ireland) Order 1977
2 In Article 11A of the Agricultural Wages (Regulation) (Northern Ireland) Order 1977 (S.I. 1977/2151 (N.I. 22)) (disclosure of information obtained by officers acting for the purposes of the 1998 Act), after paragraph (5) add—
(6) Nothing in this Article prevents a disclosure in accordance with section 16A of the National Minimum Wage Act 1998.
The 1992 Act
3 In section 19 of the 1992 Act (application of certain provisions relating to friendly societies to trade unions), omit subsection (4).
4 In section 41(3) of the 1992 Act (date of next re-examination of superannuation scheme where exemption revoked by Certification Officer), for “(1)(b)” substitute “ (2) ”.
5 In section 54(3) of the 1992 Act (time limit for applications under section 55 or 56 of that Act), for “No such application” substitute “ Where an election has been held, no application under those sections with respect to that election ”.
6 In section 82 of the 1992 Act (rules as to a union’s political fund), for subsection (4) substitute—
(4A) Where an order has been made under this section, any person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if he had made the complaint on which it was made.
(4B) An order made by the Certification Officer under this section may be enforced—
(a) in England and Wales, in the same way as an order of the county court;
(b) in Scotland, in the same way as an order of the sheriff.
7 In section 103 of the 1992 Act (complaints as regards passing of resolution on amalgamation or transfer of engagements), in subsection (8), for “application” substitute “ complaint ”.
8 In section 146 of the 1992 Act (action short of dismissal on grounds related to union membership or activities), in each of subsections (1), (3) and (4), for “the purpose” substitute “ the sole or main purpose ”.
9 In section 148 of the 1992 Act (consideration of complaint), in subsection (1), for “the purpose” substitute “ what was the sole or main purpose ”.
10 In section 150 of the 1992 Act (awards against third parties), in subsection (1)(a), for “the purpose” substitute “ the sole or main purpose ”.
11 (1) Section 155 of the 1992 Act (matters to be disregarded in assessing contributory fault) is amended as follows.
(2) In subsection (2), omit the word “or” at the end of paragraph (b) and at the end of paragraph (c) insert
, or
(d) not to make use of services made available by any trade union or by a particular trade union or by one of a number of particular trade unions.
(3) After that subsection insert—
(2A) Conduct or action of the complainant shall be disregarded in so far as it constitutes acceptance of or failure to accept an offer made in contravention of section 145A or 145B.
12 In section 161(3) of the 1992 Act (application for interim relief), for “section 152(1)(a) or (b)” substitute “ section 152(1)(a), (b) or (ba), or on section 152(1)(bb) otherwise than in relation to an offer made in contravention of section 145A(1)(d), ”.
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 In section 263A of the 1992 Act (proceedings of the Central Arbitration Committee under Schedule A1), after subsection (7) add—
(8) The reference in subsection (1) to the Committee’s functions under Schedule A1 does not include a reference to its functions under paragraph 166 of that Schedule.
16 (1) Section 284 of the 1992 Act (share fishermen) is amended as follows.
(2) After “the employee” insert “ (or, in the case of sections 145A to 151, the worker) ”.
(3) For “sections 146 to 151 (action short of dismissal)” substitute “ sections 145A to 151 (inducements and detriment) ”.
17 (1) Section 285 of the 1992 Act (employment outside Great Britain) is amended as follows.
(2) In subsection (1), for “sections 146 to 151 (action short of dismissal)” substitute “ sections 145A to 151 (inducements and detriment) ”.
(3) After that subsection insert—
(1A) Sections 145A to 151 do not apply to employment where under his contract personally to do work or perform services a worker who is not an employee works outside Great Britain.
(4) In subsection (2)—
(a) for “subsection (1)” substitute “ subsections (1) and (1A) ”; and
(b) in paragraph (c), after “as the case may be,” insert “ the worker or ”.
18 In section 286(1) of the 1992 Act (provisions that may be disapplied in relation to prescribed descriptions of employment), for “sections 146 to 151 (action short of dismissal)” substitute “ sections 145A to 151 (inducements and detriment) ”.
19 In section 288(1)(b) of the 1992 Act (provisions restricting rights to bring proceedings to be void), omit sub-paragraph (ii) and the word “or” immediately preceding it.
20 (1) Section 292 of the 1992 Act (death of employee or employer) is amended as follows.
(2) Omit subsection (1)(a).
(3) After subsection (1) insert—
(1A) This section also has effect in relation to sections 145A to 151 so far as those sections confer rights on workers or make provision in connection therewith.
(4) In subsections (2) to (4), after “employee”, wherever occurring, insert “ or worker ”.
(5) In subsection (4), after “subsection (1)” insert “ or (1A) ”.
21 In section 296 of the 1992 Act (meaning of “worker” and related expressions), in subsection (3), for “section 68(11)” substitute “ sections 68(4), 145F(3) and 151(1B) ”.
22 In section 299 of the 1992 Act (index of defined expressions), omit the entry relating to “place of work (in Part V)”.
23 (1) Schedule A1 to the 1992 Act (union recognition) is amended as follows.
(2) In paragraph 2 (interpretation of Part 1), after sub-paragraph (3) insert—
(3A) References to an appropriate bargaining unit’s being decided by the CAC are to a bargaining unit’s being decided by the CAC to be appropriate under paragraph 19(2) or (3) or 19A(2) or (3).
(3) In paragraph 16(1) (point after which application may not be withdrawn), in paragraph (a), after “paragraph” insert “ 19F(5) or ”.
(4) In paragraph 17(3) (final event before which notice to cease consideration of application may be given)—
(a) in paragraph (a), after “paragraph” insert “ 19F(5) or ”; and
(b) in the words after paragraph (b), for “24(5)” substitute “ 24(6) ”.
(5) In each of paragraphs 20(1)(b) and 21(1)(b) (application of paragraphs 20 and 21), after “appropriate period” insert “ (defined by paragraph 18) ”.
(6) In paragraph 28 (costs of a recognition ballot), after sub-paragraph (6) insert—
(6A) Where an amount is recoverable from a union under sub-paragraph (6) execution may be carried out, to the same extent and in the same manner as if the union were a body corporate, against any property held in trust for the union other than protected property as defined in section 23(2).
(7) In paragraph 32 (procedure where method of collective bargaining not carried out), in sub-paragraph (2), for “parties” substitute “ employer or the union (or unions) ”.
(8) In paragraph 37 (applications by more than one union under paragraph 11 or 12), in sub-paragraph (3)(b), for “11(4)” substitute “ 12(4) ”.
(9) In paragraph 38 (admissibility of other relevant applications), in sub-paragraph (1)(d), for “22(2), 27(2),” substitute “ 19F(5), 22(2), 27(2), 27D(3), 27D(4), ”.
(10) In paragraph 40 (bar on further application after declaration by the CAC of non-entitlement to recognition), in sub-paragraph (1)—
(a) after “under paragraph” insert “ 27D(4) or ”; and
(b) for “held” substitute “ arranged ”.
(11) In paragraph 41 (bar on further application after declaration by the CAC of end of bargaining arrangements), in sub-paragraph (1)—
(a) after “under paragraph” insert “ 119D(4), 119H(5) or ”; and
(b) for “held” substitute “ arranged ”.
(12) In paragraph 46 (invalidity of application where worker falls within another relevant bargaining unit), in sub-paragraph (1)(d), for “22(2), 27(2),” substitute “ 19F(5), 22(2), 27(2), 27D(3), 27D(4), ”.
(13) In paragraph 48 (invalidity of application after declaration by the CAC of non-entitlement to recognition), in sub-paragraph (1)—
(a) after “under paragraph” insert “ 27D(4) or ”; and
(b) for “held” substitute “ arranged ”.
(14) In paragraph 49 (invalidity of application after declaration by the CAC of end of bargaining arrangements), in sub-paragraph (1)—
(a) after “under paragraph” insert “ 119D(4), 119H(5) or ”; and
(b) for “held” substitute “ arranged ”.
(15) In paragraph 51 (competing applications), in sub-paragraph (2)(b), after “19” insert “ or 19A ”.
(16) In paragraph 52 (agreements for recognition), in sub-paragraph (3)—
(a) in paragraph (f), after “paragraph”, where it first occurs, insert “ 19F(5) or ”; and
(b) in paragraph (h), for “24(5)” substitute “ 24(6) ”.
(17) In paragraph 83 (duties of the CAC where it decides new unit contains at least one worker falling within a statutory outside bargaining unit), in sub-paragraph (8), for “(1)(a)” substitute “ (2)(a) ”.
(18) In paragraph 89(5) (application of paragraphs 26 to 29), for the words from “but as if” onwards substitute
but as if—
(a) references to the bargaining unit were references to the new unit, and
(b) paragraph 26(4F) to (4H), and the references in paragraph 26(4) and (6) to paragraph 19D, were omitted.
(19) In paragraph 89(8) (effect of declaration of entitlement to recognition), after “27(2)” insert “ or 27D(3) ”.
(20) In paragraph 89, after sub-paragraph (8) add—
(9) Paragraphs (a) and (b) of sub-paragraph (7) also apply if the CAC issues a declaration under paragraph 27D(4).
(21) In paragraph 93 (withdrawal of applications), in sub-paragraph (1)(c), for “83(1)” substitute “ 83(2) ”.
(22) In paragraph 119 (remedial orders) omit sub-paragraph (3).
(23) In paragraph 120 (costs of a derecognition ballot), after sub-paragraph (6) insert—
(6A) Where an amount is recoverable from a union under sub-paragraph (6) execution may be carried out, to the same extent and in the same manner as if the union were a body corporate, against any property held in trust for the union other than protected property as defined in section 23(2).
(24) In paragraph 122(1) (first case in which Part 5 applies), in paragraph (a), for “22(2)” substitute “ 19F(5), 22(2), 27(2) or 27D(3) ”.
(25) In paragraph 123(1) (second case in which Part 5 applies), in paragraph (a), for “22(2)” substitute “ 19F(5), 22(2), 27(2) or 27D(3) ”.
(26) In paragraph 133(2) (ballot on de-recognition under Part 5 of that Schedule)—
(a) in paragraph (a), for “reference in paragraph 119(2)(a)” substitute “ references in paragraphs 119(2)(a) and 119D(3) ”; and
(b) in paragraph (b), for “reference in paragraph 121(4)” substitute “ references in paragraphs 119A(3)(a)(ii), 119E(1)(b) and 121(4) ”.
(27) In paragraph 147(2) (ballot on de-recognition under Part 6 of that Schedule)—
(a) in paragraph (a), for “reference in paragraph 119(3)(a)” substitute “ references in paragraphs 119H(1) and 119I(1)(a) ”; and
(b) in paragraph (b), for “reference in paragraph 121(4)” substitute “ references in paragraphs 119A(3)(a)(ii), 119E(1)(b) and 121(4) ”.
Employment Tribunals Act 1996
24 In section 10(1) of the Employment Tribunals Act 1996 (c. 17) (action taken for purpose of safeguarding national security), for paragraph (a) substitute—
(a) section 145A, 145B or 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements and detriments in respect of trade union membership etc.),
.
25 In section 18 of that Act (conciliation), in subsection (1)(b), after “138,” insert “ 145A, 145B, ”.
26 In section 30(2) of that Act (matters which may be included in procedural rules for Employment Appeal Tribunal) omit paragraph (e).
27 In section 36 of that Act (enforcement of decisions of Employment Appeal Tribunal) omit subsections (1) to (3).
Employment Rights Act 1996
28 In section 92 of the Employment Rights Act 1996 (c. 18) (right to written statement of reasons for dismissal), in subsection (6), for paragraph (c) substitute—
(c) in relation to an employee who is employed under a limited-term contract which terminates by virtue of the limiting event without being renewed under the same contract, means the date on which the termination takes effect.
29 In section 95(1) of that Act (circumstances in which employee is dismissed), omit “and section 96”.
30 In section 98(6)(b) of that Act (provisions to which provision about determination of fairness of dismissal is subject), for “and 238” substitute “ , 238 and 238A ”.
31 In section 104(4)(c) of that Act (assertion of statutory right), after “86,” insert “ 145A, 145B, ”.
32 In section 108(3) of that Act (exceptions to one year qualifying period of continuous employment for claims for unfair dismissal), for paragraph (b) substitute—
(b) subsection (1) of section 99 (read with any regulations made under that section) applies,
.
33 In section 109(2) of that Act (exceptions to upper age limit for claims for unfair dismissal), for paragraph (b) substitute—
(b) subsection (1) of section 99 (read with any regulations made under that section) applies,
.
34 (1) Section 191 of that Act (application to the Crown) is amended as follows.
(2) In subsection (4), omit the word “and” at the end of paragraph (d) and after that paragraph insert—
(da) the reference in section 98B(2)(a) to the employer’s undertaking shall be construed as a reference to the national interest, and
.
(3) In that subsection, in paragraph (e), for “references”, where it first occurs, substitute “ any other reference ”.
35 In subsection (2) of section 192 of that Act (provisions applicable to service as a member of the armed forces on the commencement of that section)—
(a) in paragraph (aa), after “sections”, where it first occurs, insert “ 43M, ”; and
(b) in paragraph (e), after “sections” insert “ 98B(2) and (3), ”.
36 (1) Section 194 of that Act (provisions of the Act which have effect in relation to employment as a member of the staff of the House of Lords) is amended as follows.
(2) In subsection (2), in paragraph (c), after “sections”, where it first occurs, insert “ 43M, ”.
(3) After that subsection insert—
(2A) For the purposes of the application of section 98B(2) in relation to a relevant member of the House of Lords staff, the reference 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 Lords.
(4) In subsection (3) for “the provisions” substitute “ the other provisions ”.
37 (1) Section 195 of that Act (provisions of the Act which have effect in relation to employment as a member of the staff of the House of Commons) is amended as follows.
(2) In subsection (2), in paragraph (c), after “sections”, where it first occurs, insert “ 43M, ”.
(3) After that subsection insert—
(2A) For the purposes of the application of section 98B(2) in relation to a relevant member of the House of Commons staff, the reference 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.
(4) In subsection (3)(d), after “undertaking” insert “ (other than in section 98B) ”.
38 In section 200 of that Act (application of certain provisions of the Act to police officers), in subsection (1), after “sections”, in the second place where it occurs, insert “ 43M, ”.
39 (1) Section 202 of that Act (restrictions on disclosure of information: national security) is amended as follows.
(2) In subsection (2)(b), after “sections”, where it first occurs, insert “ 43M, ”.
(3) In subsection (2)(g)—
(a) in sub-paragraph (i), after “section”, where it first occurs, insert “ 98B, ”; and
(b) in sub-paragraph (ii), for “(2),” substitute “ (2A), ”.
National Minimum Wage Act 1998
40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employment Relations Act 1999
42 (1) Section 34 of the Employment Relations Act 1999 (c. 26) (indexation of amounts) is amended as follows.
(2) In subsection (1), for paragraph (f) substitute—
(ea) section 145E(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 (unlawful inducements: amount of award);
(f) section 156(1) of that Act (unfair dismissal: minimum basic award);
.
(3) In subsection (1)(g), for “176(6)” substitute “ 176(6A) ”.
(4) In subsection (3)(b), after “(c),” insert “ (ea), ”.
Employment Act 2002
43 In each of Schedules 3, 4 and 5 to the Employment Act 2002 (c. 22) (tribunal jurisdictions to which sections 31, 32 and 38 apply), for the entry relating to section 146 of the 1992 Act substitute— “ Section 145A of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements relating to union membership or activities) Section 145B of that Act (inducements relating to collective bargaining) Section 146 of that Act (detriment in relation to union membership and activities) ”.
Section 57(2)
Short title and chapter | Extent of repeal
Agricultural Wages Act 1948 (c. 47) | Section 12(1) and (2).
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) | Section 9(3). Section 19(4). Section 34(5)(c). In section 46(2), the words after paragraph (d). In section 62, the word “and” at the end of subsection (2)(b). In section 67, subsections (2) and (4), in subsections (5) and (7) the words “Employment Appeal Tribunal or” and in subsection (8) the words after paragraph (b). Section 126(2). In section 133, the word “and” at the end of subsection (2)(b). In section 146, the word “or” at the end of subsection (1)(b). In section 148, subsections (3) to (5). In section 151(1), the words from “; and references” to the end. In section 152, in subsection (1), the word “or” at the end of each of paragraphs (a) and (b) and, in subsection (4), the words from “; and references” to the end. In section 155, the word “or” at the end of subsection (2)(b). In section 176, in subsection (2) the second sentence, in subsection (4) the words “or the Employment Appeal Tribunal”, in subsection (5) the words “or Employment Appeal Tribunal” and in subsection (6) the words after paragraph (b). In section 226A, subsections (3) to (3B). In section 234A(3), paragraph (c) and the word “and” immediately preceding it. Section 256A(4)(a). In section 288(1)(b), sub-paragraph (ii) and the word “or” immediately preceding it. Section 292(1)(a). In section 299, the entry relating to “place of work (in Part V)”. In Schedule A1, paragraphs 101(4) and (5), 109(2)(a), 113(2)(a), 119(3) and 130(2)(a).
Employment Tribunals Act 1996 (c. 17) | Section 30(2)(e). Section 36(1) to (3).
Employment Rights Act 1996 (c. 18) | In section 95(1), the words “and section 96”. In section 191, the word “and” at the end of subsection (4)(d).
Employment Relations Act 1999 (c. 26) | Section 17. In section 23(5) the words from “, whether” to the end.
Employment Act 2002 (c. 22) | Section 41.