(1) Where the contract of employment of an employee is taken for the purposes of this Part to be terminated by his employer by reason of the employer’s death, this Part has effect in accordance with the following provisions of this section.
(2) Section 138 applies as if—
(a) in subsection (1)(a), for the words “in pursuance” onwards there were substituted “ by a personal representative of the deceased employer ”,
(b) in subsection (1)(b), for the words “either immediately” onwards there were substituted “ not later than eight weeks after the death of the deceased employer ”, and
(c) in subsections (2)(b) and (6)(a), for the word “employer” there were substituted “ personal representative of the deceased employer ”.
(3) Section 141(1) applies as if—
(a) for the words “before the end of his employment” there were substituted “ by a personal representative of the deceased employer ”, and
(b) for the words “either immediately” onwards there were substituted “ not later than eight weeks after the death of the deceased employer. ”
(4) For the purposes of section 141—
(a) provisions of the contract as renewed, or of the new contract, do not differ from the corresponding provisions of the contract in force immediately before the death of the deceased employer by reason only that the personal representative would be substituted for the deceased employer as the employer, and
(b) no account shall be taken of that substitution in determining whether refusal of the offer was unreasonable or whether the employee acted reasonably in terminating or giving notice to terminate the new or renewed employment.
(5) Section 146 has effect as if—
(a) subsection (1) were omitted, and
(b) in subsection (2), paragraph (a) were omitted and, in paragraph (b), for the word “four” there were substituted “ eight ”.
(6) For the purposes of the application of this Part (in accordance with section 161(2)) in relation to an employee who was employed as a domestic servant in a private household, references in this section and sections 175 and 218(4) and (5) to a personal representative include a person to whom the management of the household has passed, otherwise than in pursuance of a sale or other disposition for valuable consideration, in consequence of the death of the employer.
(1) Where an employee is laid off or kept on short-time and his employer dies, this Part has effect in accordance with the following provisions of this section.
(2) Where the employee—
(a) has been laid off or kept on short-time for one or more weeks before the death of the employer,
(b) has not given the deceased employer notice of intention to claim before the employer’s death,
(c) after the employer’s death has his contract of employment renewed, or is re-engaged under a new contract, by a personal representative of the deceased employer, and
(d) after renewal or re-engagement is laid off or kept on short-time for one or more weeks by the personal representative,
the week in which the employer died and the first week of the employee’s employment by the personal representative shall be treated for the purposes of Chapter III as consecutive weeks (and references to four weeks or thirteen weeks shall be construed accordingly).
(3) The following provisions of this section apply where—
(a) the employee has given the deceased employer notice of intention to claim before the employer’s death,
(b) the employer’s death occurred before the end of the period of four weeks after the service of the notice, and
(c) the employee has not terminated his contract of employment by notice expiring before the employer’s death.
(4) If the contract of employment is not renewed, and the employee is not re-engaged under a new contract, by a personal representative of the deceased employer before the end of the period of four weeks after the service of the notice of intention to claim—
(a) sections 149 and 152 do not apply, but
(b) (subject to that) Chapter III applies as if the employer had not died and the employee had terminated the contract of employment by a week’s notice, or by the minimum notice which he is required to give to terminate the contract (if longer than a week), expiring at the end of that period.
(5) If—
(a) the contract of employment is renewed, or the employee is re-engaged under a new contract, by a personal representative of the deceased employer before the end of the period of four weeks after the service of the notice of intention to claim, and
(b) the employee was laid off or kept on short-time by the deceased employer for one or more of those weeks and is laid off or kept on short-time by the personal representative for the week, or for the next two or more weeks, following the renewal or re-engagement,
subsection (6) has effect.
(6) Where this subsection has effect Chapter III applies as if—
(a) all the weeks mentioned in subsection (5) were consecutive weeks during which the employee was employed (but laid off or kept on short-time) by the same employer, and
(b) the periods specified by section 150(3)(a) and (b) as the relevant period were extended by any week or weeks any part of which was after the death of the employer and before the date on which the renewal or re-engagement took effect.
(1) Where an employee whose employer has given him notice to terminate his contract of employment dies before the notice expires, this Part applies as if the contract had been duly terminated by the employer by notice expiring on the date of the employee’s death.
(2) Where—
(a) an employee’s contract of employment has been terminated by the employer,
(b) (by virtue of subsection (5) of section 145) a date later than the relevant date as defined by the previous provisions of that section is the relevant date for the purposes of certain provisions of this Act, and
(c) the employee dies before that date,
that subsection applies as if the notice to which it refers would have expired on the employee’s death.
(3) Where—
(a) an employer has given notice to an employee to terminate his contract of employment and has offered to renew his contract of employment or to re-engage him under a new contract, and
(b) the employee dies without having accepted or refused the offer and without the offer having been withdrawn,
section 141(2) applies as if for the words “he unreasonably refuses” there were substituted “ it would have been unreasonable on his part to refuse ”.
(4) Where an employee’s contract of employment has been renewed or he has been re-engaged under a new contract—
(a) if he dies during the trial period without having terminated, or given notice to terminate, the contract, section 141(4) applies as if for paragraph (d) there were substituted—
(d) it would have been unreasonable for the employee during the trial period to terminate or give notice to terminate the contract.
, and
(b) if during that trial period he gives notice to terminate the contract but dies before the notice expires, sections 138(2) and 141(4) apply as if the notice had expired (and the contract had been terminated by its expiry) on the date of the employee’s death.
(5) Where in the circumstances specified in paragraphs (a) and (b) of subsection (3) of section 136 the employee dies before the notice given by him under paragraph (b) of that subsection expires—
(a) if he dies before his employer has given him a notice such as is specified in subsection (2) of section 142, subsections (3) and (4) of that section apply as if the employer had given him such a notice and he had not complied with it, and
(b) if he dies after his employer has given him such a notice, that section applies as if the employee had not died but did not comply with the notice.
(6) Where an employee has given notice of intention to claim—
(a) if he dies before he has given notice to terminate his contract of employment and before the relevant period (as defined in subsection (3) of section 150) has expired, that section does not apply, and
(b) if he dies within the period of seven days after the service of the notice of intention to claim, and before the employer has given a counter-notice, Chapter III applies as if the employer had given a counter-notice within that period of seven days.
(7) Where a claim for a redundancy payment is made by a personal representative of a deceased employee—
(a) if the employee died before the end of the period of six months beginning with the relevant date, subsection (1) of section 164, and
(b) if the employee died after the end of the period of six months beginning with the relevant date but before the end of the following period of six months, subsection (2) of that section,
applies as if for the words “six months” there were substituted “ one year ”.
(1) Where the terms and conditions (whether or not they constitute a contract of employment) on which a person is employed in employment of any description mentioned in section 171(3) include provision—
(a) for the making of a payment to which this section applies, and
(b) for referring to an employment tribunal any question as to the right of any person to such a payment in respect of that employment or as to the amount of such a payment,
the question shall be referred to and determined by an employment tribunal.
(2) This section applies to any payment by way of compensation for loss of employment of any description mentioned in section 171(3) which is payable in accordance with arrangements falling within subsection (3).
(3) The arrangements which fall within this subsection are arrangements made with the approval of the Treasury (or, in the case of persons whose service is for the purposes of pensions and other superannuation benefits treated as service in the civil service of the State, of the Minister for the Civil Service) for securing that a payment will be made—
(a) in circumstances which in the opinion of the Treasury (or Minister) correspond (subject to the appropriate modifications) to those in which a right to a redundancy payment would have accrued if the provisions of this Part (apart from section 159 and this section) applied, and
(b) on a scale which in the opinion of the Treasury (or Minister), taking into account any sums payable in accordance with—
(i) a scheme made under section 1 of the Superannuation Act 1972, or
(ii) the Superannuation Act 1965 as it continues to have effect by virtue of section 23(1) of the Superannuation Act 1972,
to or in respect of the person losing the employment in question, corresponds (subject to the appropriate modifications) to that on which a redundancy payment would have been payable if those provisions applied.
(1) The Secretary of State may make provision by regulations for securing that where—
(a) (apart from this section) a person is entitled to compensation under a statutory provision to which this section applies, and
(b) the circumstances are such that he is also entitled to a redundancy payment,
the amount of the redundancy payment shall be set off against the compensation to which he would be entitled apart from this section; and any statutory provision to which any such regulations apply shall have effect subject to the regulations.
(2) This section applies to any statutory provision—
(a) which was in force immediately before 6th December 1965, and
(b) under which the holders of such situations, places or employments as are specified in that provision are, or may become, entitled to compensation for loss of employment, or for loss or diminution of emoluments or of pension rights, in consequence of the operation of any other statutory provision referred to in that provision.
(1) Any notice which under this Part is required or authorised to be given by an employer to an employee may be given by being delivered to the employee, or left for him at his usual or last-known place of residence, or sent by post addressed to him at that place.
(2) Any notice which under this Part is required or authorised to be given by an employee to an employer may be given either by the employee himself or by a person authorised by him to act on his behalf, and (whether given by or on behalf of the employee)—
(a) may be given by being delivered to the employer, or sent by post addressed to him at the place where the employee is or was employed by him, or
(b) if arrangements have been made by the employer, may be given by being delivered to a person designated by the employer in pursuance of the arrangements, left for such a person at a place so designated or sent by post to such a person at an address so designated.
(3) In this section any reference to the delivery of a notice includes, in relation to a notice which is not required by this Part to be in writing, a reference to the oral communication of the notice.
(4) Any notice which, in accordance with any provision of this section, is left for a person at a place referred to in that provision shall, unless the contrary is proved, be presumed to have been received by him on the day on which it was left there.
(5) Nothing in subsection (1) or (2) affects the capacity of an employer to act by a servant or agent for the purposes of any provision of this Part (including either of those subsections).
(6) In relation to an employee to whom section 173 applies, this section has effect as if—
(a) any reference in subsection (1) or (2) to a notice required or authorised to be given by or to an employer included a reference to a notice which, by virtue of that section, is required or authorised to be given by or to the person by whom the remuneration is payable,
(b) in relation to a notice required or authorised to be given to that person, any reference to the employer in paragraph (a) or (b) of subsection (2) were a reference to that person, and
(c) the reference to an employer in subsection (5) included a reference to that person.
(1) Where an offence under this Part committed by a body corporate is proved—
(a) to have been committed with the consent or connivance of, or
(b) to be attributable to any neglect on the part of,
any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) In this section “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
(1) In this Part—
“counter-notice” shall be construed in accordance with section 149(a),
“dismissal” and “dismissed” shall be construed in accordance with sections 136 to 138,
“employer’s payment” has the meaning given by section 166,
“notice of intention to claim” shall be construed in accordance with section 148(1),
“obligatory period of notice” has the meaning given by section 136(4), and
“trial period” shall be construed in accordance with section 138(3).
(2) In this Part—
(a) references to an employee being laid off or being eligible for a redundancy payment by reason of being laid off, and
(b) references to an employee being kept on short-time or being eligible for a redundancy payment by reason of being kept on short-time,
shall be construed in accordance with sections 147 and 148.
If, on an application made to him in writing by an employee, the Secretary of State is satisfied that—
(a) the employee’s employer has become insolvent,
(b) the employee’s employment has been terminated, and
(c) on the appropriate date the employee was entitled to be paid the whole or part of any debt to which this Part applies,
the Secretary of State shall, subject to section 186, pay the employee out of the National Insurance Fund the amount to which, in the opinion of the Secretary of State, the employee is entitled in respect of the debt.
(1) An employer has become insolvent for the purposes of this Part—
(a) where the employer is an individual, if (but only if) subsection (2), (4ZA) or (4A) is satisfied, . . .
(b) where the employer is a company, if (but only if) subsection (3), (4ZA) or (4A) is satisfied , ...
(c) where the employer is a limited liability partnership, if (but only if) subsection (4), (4ZA) or (4A) is satisfied.; and
(d) where the employer is not any of the above, if (but only if) subsection (4ZA) or (4A) is satisfied.
(2) This subsection is satisfied in the case of an employer who is an individual—
(a) in England and Wales if—
(ai) a moratorium period under a debt relief order applies in relation to him,
(i) he has been made bankrupt or has made a composition or arrangement with his creditors, or
(ii) he has died and his estate falls to be administered in accordance with an order under section 421 of the Insolvency Act 1986, and
(b) in Scotland if—
(i) sequestration of his estate has been awarded or he has executed a trust deed for his creditors or has entered into a composition contract, or
(ii) he has died and a judicial factor appointed under section 11A of the Judicial Factors (Scotland) Act 1889 is required by that section to divide his insolvent estate among his creditors.
(3) This subsection is satisfied in the case of an employer which is a company—
(a) if a winding up order . . . has been made, or a resolution for voluntary winding up has been passed, with respect to the company,
(aa) if the company is in administration for the purposes of the Insolvency Act 1986,
(b) if a receiver or (in England and Wales only) a manager of the company’s undertaking has been duly appointed, or (in England and Wales only) possession has been taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the company comprised in or subject to the charge, or
(c) if a voluntary arrangement proposed in the case of the company for the purposes of Part I of the Insolvency Act 1986 has been approved under that Part of that Act.
(4) This subsection is satisfied in the case of an employer which is a limited liability partnership—
(a) if a winding-up order, an administration order or a determination for a voluntary winding-up has been made with respect to the limited liability partnership,
(b) if a receiver or (in England and Wales only) a manager of the undertaking of the limited liability partnership has been duly appointed, or (in England and Wales only) possession has been taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the limited liability partnership comprised in or subject to the charge, or
(c) if a voluntary arrangement proposed in the case of the limited liability partnership for the purposes of Part I of the Insolvency Act 1986 has been approved under that Part of that Act.
(4ZA) This subsection is satisfied in the case of an employer if—
(a) the employer is a legal person,
(b) a request has been made for the first opening of collective proceedings—
(i) based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and
(ii) involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and
(c) any of the following has decided to open the proceedings—
(i) a court,
(ii) a meeting of creditors, or
(iii) the creditors by a decision procedure.
(4A) This subsection is satisfied in the case of an employer if—
(a) a request has been made for the first opening of collective proceedings—
(i) based on the insolvency of the employer, as provided for under the laws, regulations and administrative provisions of a member State, and
(ii) involving the partial or total divestment of the employer’s assets and the appointment of a liquidator or a person performing a similar task, and
(b) the competent authority has—
(i) decided to open the proceedings, or
(ii) established that the employer’s undertaking or business has been definitively closed down and the available assets of the employer are insufficient to warrant the opening of the proceedings.
(4B) For the purposes of this section—
(a) “liquidator or person performing a similar task” includes the official receiver or an administrator, trustee in bankruptcy, judicial factor, supervisor of a voluntary arrangement, or person performing a similar task,
(b) “competent authority” includes—
(i) a court,
(ii) a meeting of creditors,
(iii) a creditors’ committee,
(iv) the creditors by a decision procedure, and
(v) an authority of a member State empowered to open insolvency proceedings, to confirm the opening of such proceedings or to take decisions in the course of such proceedings.
(4C) An employee may apply under section 182 (employee’s rights on insolvency of employer) only if he or she worked or habitually worked in England, Wales or Scotland in that employment to which the application relates.
(5) In this section—
(a) references to a company are to be read as including references to a charitable incorporated organisation, and
(b) any reference to the Insolvency Act 1986 in relation to a company is to be read as including a reference to that Act as it applies to charitable incorporated organisations.
(1) This Part applies to the following debts—
(a) any arrears of pay in respect of one or more (but not more than eight) weeks,
(b) any amount which the employer is liable to pay the employee for the period of notice required by section 86(1) or (2) or for any failure of the employer to give the period of notice required by section 86(1),
(c) any holiday pay—
(i) in respect of a period or periods of holiday not exceeding six weeks in all, and
(ii) to which the employee became entitled during the twelve months ending with the appropriate date,
(d) any basic award of compensation for unfair dismissal or so much of an award under a designated dismissal procedures agreement as does not exceed any basic award of compensation for unfair dismissal to which the employee would be entitled but for the agreement, and
(e) any reasonable sum by way of reimbursement of the whole or part of any fee or premium paid by an apprentice or articled clerk.
(2) For the purposes of subsection (1)(a) the following amounts shall be treated as arrears of pay—
(a) a guarantee payment,
(b) any payment for time off under Part VI of this Act or section 169 of the Trade Union and Labour Relations (Consolidation) Act 1992 (payment for time off for carrying out trade union duties etc.),
(c) remuneration on suspension on medical grounds under section 64 of this Act and remuneration on suspension on maternity grounds under section 68 of this Act, and
(d) remuneration under a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992.
(3) In subsection (1)(c) “holiday pay”, in relation to an employee, means—
(a) pay in respect of a holiday actually taken by the employee, or
(b) any accrued holiday pay which, under the employee’s contract of employment, would in the ordinary course have become payable to him in respect of the period of a holiday if his employment with the employer had continued until he became entitled to a holiday.
(4) A sum shall be taken to be reasonable for the purposes of subsection (1)(e) in a case where a trustee in bankruptcy, or (in Scotland) a trustee or interim trustee in the sequestration of an estate under the Bankruptcy (Scotland) Act 2016, or liquidator has been or is required to be appointed—
(a) as respects England and Wales, if it is admitted to be reasonable by the trustee in bankruptcy or liquidator under section 348 of the Insolvency Act 1986 (effect of bankruptcy on apprenticeships etc.), whether as originally enacted or as applied to the winding up of a company by rules under section 411 of that Act, and
(b) as respects Scotland, if it is accepted by the trustee or interim trustee or liquidator for the purposes of the sequestration or winding up.
In this Part “the appropriate date”—
(a) in relation to arrears of pay (not being remuneration under a protective award made under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992) and to holiday pay, means the date on which the employer became insolvent,
(b) in relation to a basic award of compensation for unfair dismissal and to remuneration under a protective award so made, means whichever is the latest of—
(i) the date on which the employer became insolvent,
(ii) the date of the termination of the employee’s employment, and
(iii) the date on which the award was made, and
(c) in relation to any other debt to which this Part applies, means whichever is the later of—
(i) the date on which the employer became insolvent, and
(ii) the date of the termination of the employee’s employment.
(1) The total amount payable to an employee in respect of any debt to which this Part applies, where the amount of the debt is referable to a period of time, shall not exceed—
(a) £751 in respect of any one week, or
(b) in respect of a shorter period, an amount bearing the same proportion to £751 as that shorter period bears to a week.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where a relevant officer has been, or is required to be, appointed in connection with an employer’s insolvency, the Secretary of State shall not make a payment under section 182 in respect of a debt until he has received a statement from the relevant officer of the amount of that debt which appears to have been owed to the employee on the appropriate date and to remain unpaid.
(2) If the Secretary of State is satisfied that he does not require a statement under subsection (1) in order to determine the amount of a debt which was owed to the employee on the appropriate date and remains unpaid, he may make a payment under section 182 in respect of the debt without having received such a statement.
(3) A relevant officer shall, on request by the Secretary of State, provide him with a statement for the purposes of subsection (1) as soon as is reasonably practicable.
(4) The following are relevant officers for the purposes of this section—
(a) a trustee in bankruptcy or a trustee or interim trustee (within the meaning of the Bankruptcy (Scotland) Act 2016),
(b) a liquidator,
(c) an administrator,
(d) a receiver or manager,
(e) a trustee under a composition or arrangement between the employer and his creditors, and
(f) a trustee under a trust deed for his creditors executed by the employer.
(5) In subsection (4)(e) “trustee” includes the supervisor of a voluntary arrangement proposed for the purposes of, and approved under, Part I or VIII of the Insolvency Act 1986.
(1) A person who has applied for a payment under section 182 may present a complaint to an employment tribunal—
(a) that the Secretary of State has failed to make any such payment, or
(b) that any such payment made by him is less than the amount which should have been paid.
(2) An employment tribunal shall not consider a complaint under subsection (1) unless it is presented—
(a) before the end of the period of six months beginning with the date on which the decision of the Secretary of State on the application was communicated to the applicant, or
(b) within such further period as the tribunal considers reasonable in a case where it is not reasonably practicable for the complaint to be presented before the end of that period of six months.
(3) Where an employment tribunal finds that the Secretary of State ought to make a payment under section 182, the tribunal shall—
(a) make a declaration to that effect, and
(b) declare the amount of any such payment which it finds the Secretary of State ought to make.
189 Transfer to Secretary of State of rights and remedies.
(1) Where, in pursuance of section 182, the Secretary of State makes a payment to an employee in respect of a debt to which this Part applies—
(a) on the making of the payment any rights and remedies of the employee in respect of the debt (or, if the Secretary of State has paid only part of it, in respect of that part) become rights and remedies of the Secretary of State, and
(b) any decision of an employment tribunal requiring an employer to pay that debt to the employee has the effect that the debt (or the part of it which the Secretary of State has paid) is to be paid to the Secretary of State.
(2) Where a debt (or any part of a debt) in respect of which the Secretary of State has made a payment in pursuance of section 182 constitutes—
(a) a preferential debt within the meaning of the Insolvency Act 1986 for the purposes of any provision of that Act (including any such provision as applied by any order made under that Act) or any provision of the the Companies Act 2006, or
(b) a preferred debt within the meaning of the Bankruptcy (Scotland) Act 2016 for the purposes of any provision of that Act (including any such provision as applied by section 11A of the Judicial Factors (Scotland) Act 1889),
the rights which become rights of the Secretary of State in accordance with subsection (1) include any right arising under any such provision by reason of the status of the debt (or that part of it) as a preferential or preferred debt.
(3) In computing for the purposes of any provision mentioned in subsection (2)(a) or (b) the aggregate amount payable in priority to other creditors of the employer in respect of—
(a) any claim of the Secretary of State to be paid in priority to other creditors of the employer by virtue of subsection (2), and
(b) any claim by the employee to be so paid made in his own right,
any claim of the Secretary of State to be so paid by virtue of subsection (2) shall be treated as if it were a claim of the employee.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Any sum recovered by the Secretary of State in exercising any right, or pursuing any remedy, which is his by virtue of this section shall be paid into the National Insurance Fund.
(1) Where an application is made to the Secretary of State under section 182 in respect of a debt owed by an employer, the Secretary of State may require—
(a) the employer to provide him with such information as he may reasonably require for the purpose of determining whether the application is well-founded, and
(b) any person having the custody or control of any relevant records or other documents to produce for examination on behalf of the Secretary of State any such document in that person’s custody or under his control which is of such a description as the Secretary of State may require.
(2) Any such requirement—
(a) shall be made by notice in writing given to the person on whom the requirement is imposed, and
(b) may be varied or revoked by a subsequent notice so given.
(3) If a person refuses or wilfully neglects to furnish any information or produce any document which he has been required to furnish or produce by a notice under this section he is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) If a person, in purporting to comply with a requirement of a notice under this section, knowingly or recklessly makes any false statement he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) Where an offence under this section committed by a body corporate is proved—
(a) to have been committed with the consent or connivance of, or
(b) to be attributable to any neglect on the part of,
any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
(6) Where the affairs of a body corporate are managed by its members, subsection (5) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(1) Subject to sections 192 and 193, the provisions of this Act to which this section applies have effect in relation to Crown employment and persons in Crown employment as they have effect in relation to other employment and other employees or workers.
(2) This section applies to—
(a) Parts I to III,
(aa) Part IVA,
(b) Part V, apart from section 45,
(ba) Part 5B,
(c) Parts 6 to 8B,
(d) in Part IX, sections 92 and 93,
(e) Part X, apart from section 101, and
(f) this Part and Parts XIV and XV.
(3) In this Act “Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by a statutory provision.
(4) For the purposes of the application of provisions of this Act in relation to Crown employment in accordance with subsection (1)—
(a) references to an employee or a worker shall be construed as references to a person in Crown employment,
(b) references to a contract of employment, or a worker’s contract, shall be construed as references to the terms of employment of a person in Crown employment,
(c) references to dismissal, or to the termination of a worker’s contract, shall be construed as references to the termination of Crown employment,
(d) references to redundancy shall be construed as references to the existence of such circumstances as are treated, in accordance with any arrangements falling within section 177(3) for the time being in force, as equivalent to redundancy in relation to Crown employment, . . .
(da) the reference in section 98B(2)(a) to the employer’s undertaking shall be construed as a reference to the national interest, and
(e) any other reference to an undertaking shall be construed—
(i) in relation to a Minister of the Crown, as references to his functions or (as the context may require) to the department of which he is in charge, and
(ii) in relation to a government department, officer or body, as references to the functions of the department, officer or body or (as the context may require) to the department, officer or body.
(5) Where the terms of employment of a person in Crown employment restrict his right to take part in—
(a) certain political activities, or
(b) activities which may conflict with his official functions,
nothing in section 50 requires him to be allowed time off work for public duties connected with any such activities.
(6) Sections 159 and 160 are without prejudice to any exemption or immunity of the Crown.
(1) Section 191—
(a) applies to service as a member of the naval, military or air forces of the Crown but subject to the following provisions of this section, and
(b) applies to employment by an association established for the purposes of Part XI of the Reserve Forces Act 1996.
(2) The provisions of this Act which have effect by virtue of section 191 in relation to service as a member of the naval, military or air forces of the Crown are—
(a) Part I,
(aa) in Part V, sections 43M, 45A, 47C and 47D, and sections 48 and 49 so far as relating to those sections,
(ab) section 47C,
(ac) Part 5B,
(b) in Part VI, sections 55 to 57B,
(c) Parts VII and VIII,
(ca) Part 8B,
(d) in Part IX, sections 92 and 93,
(e) Part X, apart from sections 98B(2) and (3), 100 to 103 , 104C , 108(5) and 134, and
(f) this Part and Parts XIV and XV.
(3) Her Majesty may by Order in Council—
(a) amend subsection (2) by making additions to, or omissions from, the provisions for the time being specified in that subsection, and
(b) make any provision for the time being so specified apply to service as a member of the naval, military or air forces of the Crown subject to such exceptions and modifications as may be specified in the Order in Council,
but no provision contained in Part II may be added to the provisions for the time being specified in subsection (2).
(4) Modifications made by an Order in Council under subsection (3) may include provision precluding the making of a complaint or reference to any employment tribunal unless —
(a) the person aggrieved has made a service complaint ; and
(b) the Defence Council have made a determination with respect to the service complaint.
(5) Where modifications made by an Order in Council under subsection (3) include provision such as is mentioned in subsection (4), the Order in Council shall also include provision—
(a) enabling a complaint or reference to be made to an employment tribunal in such circumstances as may be specified in the Order, notwithstanding that provision such as is mentioned in subsection (4) would otherwise preclude the making of the complaint or reference; and
(b) where a complaint or reference is made to an employment tribunal by virtue of provision such as is mentioned in paragraph (a), enabling the the service complaint procedures to continue after the complaint or reference is made.
(6A) In subsections (4) and (5)—
“service complaint” means a complaint under section 334 of the Armed Forces Act 2006;
“the service complaint procedures” means the procedures prescribed by regulations under that section.
(7) No provision shall be made by virtue of subsection (4) which has the effect of substituting a period longer than six months for any period specified as the normal period for a complaint or reference.
(8) In subsection (7) “the normal period for a complaint or reference”, in relation to any matter within the jurisdiction of an employment tribunal, means the period specified in the relevant enactment as the period within which the complaint or reference must be made (disregarding any provision permitting an extension of that period at the discretion of the tribunal).
Part IVA and section 47B of this Act do not apply in relation to employment for the purposes of—
(a) the Security Service,
(b) the Secret Intelligence Service, or
(c) the Government Communications Headquarters.
(1) The provisions of this Act to which this section applies have effect in relation to employment as a relevant member of the House of Lords staff as they have effect in relation to other employment.
(2) This section applies to—
(a) Part I,
(aa) Part 2B,
(b) Part III,
(c) in Part V, sections 43M, 44, 45A , 47 , 47C , 47D and 47E, and sections 48 and 49 so far as relating to those sections,
(ca) Part 5B,
(d) Part VI, apart from sections 58 to 60,
(e) Parts 6A to 8B,
(f) in Part IX, sections 92 and 93,
(g) Part X, apart from sections 101 and 102, and
(h) this Part and Parts XIV and XV.
(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.
(3) For the purposes of the application of the other provisions of this Act to which this section applies in relation to a relevant member of the House of Lords staff references to an undertaking shall be construed as references to the House of Lords.
(4) Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Lords staff from bringing before the High Court or the county court—
(a) a claim arising out of or relating to a contract of employment or any other contract connected with employment, or
(b) a claim in tort arising in connection with employment.
(5) Where the terms of the contract of employment of a relevant member of the House of Lords staff restrict his right to take part in—
(a) certain political activities, or
(b) activities which may conflict with his official functions,
nothing in section 50 requires him to be allowed time off work for public duties connected with any such activities.
(6) In this section “relevant member of the House of Lords staff” means any person who is employed under a contract of employment with the Corporate Officer of the House of Lords.
(7) For the purposes of the application of—
(a) the provisions of this Act to which this section applies, or
(b) a claim within subsection (4),
in relation to a person continuously employed in or for the purposes of the House of Lords up to the time when he became so employed under a contract of employment with the Corporate Officer of the House of Lords, his employment shall not be treated as having been terminated by reason only of a change in his employer before or at that time.
(1) The provisions of this Act to which this section applies have effect in relation to employment as a relevant member of the House of Commons staff as they have effect in relation to other employment.
(2) This section applies to—
(a) Part I,
(aa) Part 2B,
(b) Part III,
(c) in Part V, sections 43M, 44, 45A , 47 , 47C , 47D and 47E, and sections 48 and 49 so far as relating to those sections,
(ca) Part 5B,
(d) Part VI, apart from sections 58 to 60,
(e) Parts 6A to 8B,
(f) in Part IX, sections 92 and 93,
(g) Part X, apart from sections 101 and 102, and
(h) this Part and Parts XIV and XV.
(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.
(3) For the purposes of the application of the provisions of this Act to which this section applies in relation to a relevant member of the House of Commons staff—
(a) references to an employee shall be construed as references to a relevant member of the House of Commons staff,
(b) references to a contract of employment shall be construed as including references to the terms of employment of a relevant member of the House of Commons staff,
(c) references to dismissal shall be construed as including references to the termination of the employment of a relevant member of the House of Commons staff, and
(d) references to an undertaking (other than in section 98B) shall be construed as references to the House of Commons.
(4) Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Commons staff from bringing before the High Court or the county court—
(a) a claim arising out of or relating to a contract of employment or any other contract connected with employment, or
(b) a claim in tort arising in connection with employment.
(5) In this section “relevant member of the House of Commons staff” means any person—
(a) who was appointed by the House of Commons Commission or is employed in the refreshment department, or
(b) who is a member of the Speaker’s personal staff.
(6) Subject to subsection (7), for the purposes of—
(a) the provisions of this Act to which this section applies,
(b) Part XI (where applicable to relevant members of the House of Commons staff), and
(c) a claim within subsection (4),
the House of Commons Commission is the employer of staff appointed by the Commission and the Speaker is the employer of his personal staff and of any person employed in the refreshment department and not appointed by the Commission.
(7) Where the House of Commons Commission or the Speaker designates a person to be treated for all or any of the purposes mentioned in subsection (6) as the employer of any description of staff (other than the Speaker’s personal staff), the person so designated shall be treated for those purposes as their employer.
(8) Where any proceedings are brought by virtue of this section against—
(a) the House of Commons Commission,
(b) the Speaker, or
(c) any person designated under subsection (7),
the person against whom the proceedings are brought may apply to the court or employment tribunal concerned to have some other person against whom the proceedings could at the time of the application be properly brought substituted for him as a party to the proceedings.
(9) For the purposes mentioned in subsection (6)—
(a) a person’s employment in or for the purposes of the House of Commons shall not (provided he continues to be employed in such employment) be treated as terminated by reason only of a change in his employer, and
(b) (provided he so continues) his first appointment to such employment shall be deemed after the change to have been made by his employer for the time being.
(10) In accordance with subsection (9)—
(a) an employee shall be treated for the purposes mentioned in subsection (6) as being continuously employed by his employer for the time being from the commencement of his employment until its termination, and
(b) anything done by or in relation to his employer for the time being in respect of his employment before the change shall be so treated as having been done by or in relation to the person who is his employer for the time being after the change.
(11) In subsections (9) and (10) “employer for the time being”, in relation to a person who has ceased to be employed in or for the purposes of the House of Commons, means the person who was his employer immediately before he ceased to be so employed, except that where some other person would have been his employer for the time being if he had not ceased to be so employed it means that other person.
(12) If the House of Commons resolves at any time that any provision of subsections (5) to (8) should be amended in its application to any member of the staff of that House, Her Majesty may by Order in Council amend that provision accordingly.
(1) Sections 1 to 7, Parts 2 and 2B and sections 86 to 91 do not apply to a person employed as a seaman in a ship registered in the United Kingdom under a crew agreement the provisions and form of which are of a kind approved by the Secretary of State or an agreement specified in regulations under section 32(a) of the Merchant Shipping Act 1995.
(2) Sections 8 to 10, Part III, sections 44, 45, 47, 47C, 47E, 47F, Part 5B, sections 50 to 57B and 61 to 63, Parts 6A to 8B, sections 92 and 93 and . . . Part X do not apply to employment as master, or as a member of the crew, of a fishing vessel where the employee is remunerated only by a share in the profits or gross earnings of the vessel.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Sections 8 to 10 and 50 to 54 ... do not apply to employment as a merchant seaman.
(5) In subsection (4) “employment as a merchant seaman”—
(a) does not include employment in the fishing industry or employment on board a ship otherwise than by the owner, manager or charterer of that ship except employment as a radio officer, but
(b) subject to that, includes—
(i) employment as a master or a member of the crew of any ship,
(ii) employment as a trainee undergoing training for the sea service, and
(iii) employment in or about a ship in port by the owner, manager or charterer of the ship to do work of the kind ordinarily done by a merchant seaman on a ship while it is in port.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) The provisions mentioned in subsection (8) apply to employment on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 if and only if—
(a) the ship’s entry in the register specifies a port in Great Britain as the port to which the vessel is to be treated as belonging,
(b) under his contract of employment the person employed does not work wholly outside Great Britain, and
(c) the person employed is ordinarily resident in Great Britain.
(8) The provisions are—
(a) sections 8 to 10,
(b) Parts II, 2B, III and V,
(ba) Part 5B,
(c) Part VI, apart from sections 58 to 60,
(d) Parts 6A to 8B,
(e) sections 92 and 93, and
(f) Part X.
(1) Sections 8 to 10, Part III . . . , sections 43M, . . ., 45, 45A, 47 . . . , 47C, 50 to 57B and 61 to 63, Parts VII and VIII, sections 92 and 93 and, Part X (except sections 100 , 103A and 134A and the other provisions of that Part so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 100 or 103A) . . . do not apply to employment under a contract of employment in police service or to persons engaged in such employment.
(2) In subsection (1) “police service” means—
(a) service as a member of a constabulary maintained by virtue of an enactment, or
(b) subject to section 126 of the Criminal Justice and Public Order Act 1994 (prison staff not to be regarded as in police service), service in any other capacity by virtue of which a person has the powers or privileges of a constable.
201 Power to extend employment legislation to offshore employment.
(1) In this section “offshore employment” means employment for the purposes of activities—
(a) in the territorial waters of the United Kingdom
(b) connected with the exploration of the sea-bed or subsoil, or the exploitation of their natural resources, in the United Kingdom sector of the continental shelf, or
(c) connected with the explorarion or exploitation, in a foreign sector of the continental shelf, of a cross-boundary petroleum field.
(2) Her Majesty may by Order in Council provide that—
(a) the provisions of this Act, and
(b) any Northern Ireland legislation making provision for purposes corresponding to any of the purposes of this Act,
apply, to such extent and for such purposes as may be specified in the Order (with or without modification), to or in relation to a person in offshore employment.
(3) An Order in Council under this section—
(a) may make different provision for different cases,
(b) may provide that all or any of the provisions referred to in subsection (2), as applied by such an Order in Council, apply—
(i) to individuals whether or not they are British subjects, and
(ii) to bodies corporate whether or not they are incorporated under the law of a part of the United Kingdom,
and apply even where the application may affect their activities outside the United Kingdom,
(c) may make provision for conferring jurisdiction on any court or class of court specified in the Order in Council, or on employment tribunals, in respect of offences, causes of action or other matters arising in connection with offshore employment,
(d) may (without prejudice to subsection (2) and paragraph (a)) provide that the provisions referred to in subsection (2), as applied by the Order in Council, apply in relation to any person in employment in a part of the areas referred to in subsection (1)(a) and (b),
(e) may exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under the provisions referred to in subsection (2) in connection with offshore employment,
(f) may provide that such proceedings shall not be brought without such consent as may be required by the Order in Council,
(g) may (without prejudice to subsection (2)) modify or exclude the operation of any or all of sections . . . 199 and 215(2) to (6) or of any corresponding Northern Ireland legislation.
(3A) Where an Order in Council under this section confers jurisdiction on an employment tribunal, the jurisdiction conferred includes power to make an order under section 12A of the Employment Tribunals Act 1996 (financial penalties), and that section applies accordingly.
(4) Any jurisdiction conferred on a court or tribunal under this section is without prejudice to jurisdiction exercisable apart from this section by that or any other court or tribunal.
(5) In this section—
“cross-boundary petroleum field” means a petroleum field that extends across the boundary between the United Kingdom sector of the continental shelf and a foreign sector of the continental shelf,
“foreign sector of the continental shelf” means an area outside the territorial waters of any state, within which rights with respect to the sea-bed and subsoil and their natural resources are exercisable by a state other than the United Kingdom,
“petroleum field” means a geological structure identified as an oil or gas field by the Order in Council concerned, and
“United Kingdom sector of the continental shelf” means the area designated under section 1(7) of the Continental Shelf Act 1964.
(1) Where in the opinion of any Minister of the Crown the disclosure of any information would be contrary to the interests of national security—
(a) nothing in any of the provisions to which this section applies requires any person to disclose the information, and
(b) no person shall disclose the information in any proceedings in any court or tribunal relating to any of those provisions.
(2) This section applies to—
(a) Part I, so far as it relates to employment particulars,
(b) in Part V, sections 43M, 44, 45A , 47 and 47C, and sections 48 and 49 so far as relating to those sections,
(c) in Part VI, sections 55 to 57B and 61 to 63,
(d) in Part VII, sections 66 to 68, and sections 69 and 70 so far as relating to those sections,
(e) Part VIII,
(eza) Part 8A,
(ea) Part 8B,
(f) in Part IX, sections 92 and 93 where they apply by virtue of section 92(4),
(g) Part X so far as relating to a dismissal which is treated as unfair—
(i) by section 98B, 99, 100, 101A(d) or 103, or by section 104 in its application in relation to time off under section 57A,
(ii) by subsection (1) of section 105 by reason of the application of subsection (2A), (3) or (6) of that section, or by reason of the application of subsection (4A) in so far as it applies where the reason (or, if more than one, the principal reason) for which an employee was selected for dismissal was that specified in section 101A(d) and
(h) this Part and Parts XIV and XV (so far as relating to any of the provisions in paragraphs (a) to (g)).
202A Contractual duties of confidentiality relating to harassment and discrimination
(1) Any provision in an agreement between an employer and a worker of the employer (whether a worker’s contract or not) is void in so far as it purports to preclude the worker from making—
(a) an allegation of, or a disclosure of information relating to, relevant harassment or discrimination, or
(b) an allegation, or a disclosure of information, relating to the response of an employer of the worker to—
(i) relevant harassment or discrimination, or
(ii) the making of an allegation or disclosure within paragraph (a).
(2) Harassment or discrimination is “relevant” for the purposes of subsection (1) if—
(a) the harassment or discrimination consists of, or is alleged to consist of, conduct engaged in by—
(i) an employer of the worker, or
(ii) another worker of such an employer, or
(b) the person who is, or is alleged to be, the victim of the harassment or discrimination is—
(i) the worker, or
(ii) another worker of an employer of the worker.
(3) Subsection (1) does not apply to provision in an agreement (an “excepted agreement”) that satisfies such conditions as the Secretary of State may specify by regulations.
(4) But the Secretary of State may by regulations provide that any provision in an excepted agreement is void in so far as it purports to preclude the worker from making an allegation or disclosure within subsection (1)(a) or (b)—
(a) to a specified description of person;
(b) for a specified purpose;
(c) in specified circumstances.
(5) The Secretary of State may by regulations—
(a) provide for this section to have effect as if references to a worker included a specified description of individual who is not a worker as defined by section 230(3) but who—
(i) works or worked, or is or was provided with work experience or training, in specified circumstances, or
(ii) has entered into, or works or worked under, a relevant contract of a specified description;
(b) make provision as to who is to be regarded as an employer of such an individual for the purposes of this section.
(6) In subsection (5), “relevant contract” means any contract, other than a contract of employment, whether express or implied and (if express) whether oral or in writing, by which an individual undertakes to do or perform (whether personally or otherwise) any work or services for another party to the contract whose status is by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual.
(7) Regulations under this section may—
(a) make different provision for different purposes;
(b) make consequential provision.
(8) For the purposes of this section, the holding, otherwise than under a contract of employment, of the office of constable or an appointment as a police cadet is to be treated as employment by the relevant officer under a contract of employment.
“The relevant officer” has the meaning given by section 43KA(2).
(9) Nothing in this section affects the operation of any other enactment or rule of law by virtue of which provision in an agreement may be void.
(10) In this section—
“discrimination” means discrimination within any of sections 13, 15 to 19A and 21(2) of the Equality Act 2010;
“harassment” means harassment of the kind described in subsection (1), (2) or (3) of section 26 of that Act;
“specified” means specified in the regulations.
(1) Any provision in an agreement (whether a contract of employment or not) is void in so far as it purports—
(a) to exclude or limit the operation of any provision of this Act, or
(b) to preclude a person from bringing any proceedings under this Act before an employment tribunal.
(2) Subsection (1)—
(a) does not apply to any provision in a collective agreement excluding rights under section 28 if an order under section 35 is for the time being in force in respect of it,
(b) does not apply to any provision in a dismissal procedures agreement excluding the right under section 94 if that provision is not to have effect unless an order under section 110 is for the time being in force in respect of it,
(c) does not apply to any provision in an agreement if an order under section 157 is for the time being in force in respect of it,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) does not apply to any agreement to refrain from instituting or continuing proceedings where a conciliation officer has taken action under any of sections 18A to 18C of the Employment Tribunals Act 1996, and
(f) does not apply to any agreement to refrain from instituting or continuing . . . any proceedings within
the following provisions of section 18(1) of the Employment Tribunals Act 1996 (cases where conciliation available)—
paragraph (b) (proceedings under this Act),
paragraph (l) (proceedings arising out of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000), if the conditions regulating settlement agreements under this Act are satisfied in relation to the agreement
paragraph (m) (proceedings arising out of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002),
...
(3) For the purposes of subsection (2)(f) the conditions regulating settlement agreements under this Act are that—
(a) the agreement must be in writing,
(b) the agreement must relate to the particular proceedings,
(c) the employee or worker must have received advice from a relevant independent adviser as to the terms and effect of the proposed agreement and, in particular, its effect on his ability to pursue his rights before an employment tribunal,
(d) there must be in force, when the adviser gives the advice, a contract of insurance, or an indemnity provided for members of a profession or professional body, covering the risk of a claim by the employee or worker in respect of loss arising in consequence of the advice,
(e) the agreement must identify the adviser, and
(f) the agreement must state that the conditions regulating settlement agreements under this Act are satisfied.
(3A) A person is a relevant independent adviser for the purposes of subsection (3)(c)—
(a) if he is a qualified lawyer,
(b) if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union,
(c) if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or
(d) if he is a person of a description specified in an order made by the Secretary of State.
(3B) But a person is not a relevant independent adviser for the purposes of subsection (3)(c) in relation to the employee or worker—
(a) if he is, is employed by or is acting in the matter for the employer or an associated employer,
(b) in the case of a person within subsection (3A)(b) or (c), if the trade union or advice centre is the employer or an associated employer,
(c) in the case of a person within subsection (3A)(c), if the employee or worker makes a payment for the advice received from him, or
(d) in the case of a person of a description specified in an order under subsection (3A)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.
(4) In subsection (3A)(a) “ qualified lawyer ” means—
(a) as respects England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and
(b) as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.
(5) An agreement under which the parties agree to submit a dispute to arbitration—
(a) shall be regarded for the purposes of subsection (2)(e) and (f) as being an agreement to refrain from instituting or continuing proceedings if—
(i) the dispute is covered by a scheme having effect by virtue of an order under section 212A of the Trade Union and Labour Relations (Consolidation) Act 1992, and
(ii) the agreement is to submit it to arbitration in accordance with the scheme, but
(b) shall be regarded as neither being nor including such an agreement in any other case.
(1) For the purposes of this Act it is immaterial whether the law which (apart from this Act) governs any person’s employment is the law of the United Kingdom, or of a part of the United Kingdom, or not.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The remedy of an employee for infringement of any of the rights conferred by section 8, Part III, Parts V to VIII, Part 8B, section 92, Part X and Part XII is, where provision is made for a complaint or the reference of a question to an employment tribunal, by way of such a complaint or reference and not otherwise.
(1YA) In relation to the right conferred by section 44(1A), the reference in subsection (1) to an employee has effect as a reference to a worker.
(1A) In relation to the right conferred by section 47B, the reference in subsection (1) to an employee has effect as a reference to a worker.
(1ZA) In relation to the right conferred by section 45A, the reference in subsection (1) to an employee has effect as a reference to a worker.
(2) The remedy of a worker in respect of any contravention of section 13, 15, 18(1) or 21(1) is by way of a complaint under section 23 and not otherwise.
(1) An individual who is or becomes an employee of a company is an “ employee shareholder ” if—
(a) the company and the individual agree that the individual is to be an employee shareholder,
(b) in consideration of that agreement, the company issues or allots to the individual fully paid up shares in the company, or procures the issue or allotment to the individual of fully paid up shares in its parent undertaking, which have a value, on the day of issue or allotment, of no less than £2,000,
(c) the company gives the individual a written statement of the particulars of the status of employee shareholder and of the rights which attach to the shares referred to in paragraph (b) (“the employee shares”) (see subsection (5)), and
(d) the individual gives no consideration other than by entering into the agreement.
(2) An employee who is an employee shareholder does not have—
(a) the right to make an application under section 63D (request to undertake study or training),
(b) the right to make an application under section 80F (request for flexible working),
(c) the right under section 94 not to be unfairly dismissed, or
(d) the right under section 135 to a redundancy payment.
(3) The following provisions are to be read in the case of an employee who is an employee shareholder as if for “8 weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”—
(a) regulation 11 of the Maternity and Parental Leave etc. Regulations 1999 ( S.I. 1999/3312) (requirement for employee to notify employer of intention to return to work during maternity leave period), and
(b) regulation 25 of the Paternity and Adoption Leave Regulations 2002 ( S.I. 2002/2788) (corresponding provision for adoption leave).
(4) Regulation 30 of the Additional Paternity Leave Regulations 2010 ( S.I. 2010/1055) (requirement for employee to notify employer of intention to return to work during additional paternity leave period) is to be read in the case of an employee who is an employee shareholder as if for “six weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”.
(5) The statement referred to in subsection (1)(c) must—
(a) state that, as an employee shareholder, the individual would not have the rights specified in subsection (2),
(b) specify the notice periods that would apply in the individual's case as a result of subsections (3) and (4),
(c) state whether any voting rights attach to the employee shares,
(d) state whether the employee shares carry any rights to dividends,
(e) state whether the employee shares would, if the company were wound up, confer any rights to participate in the distribution of any surplus assets,
(f) if the company has more than one class of shares and any of the rights referred to in paragraphs (c) to (e) attach to the employee shares, explain how those rights differ from the equivalent rights that attach to the shares in the largest class (or next largest class if the class which includes the employee shares is the largest),
(g) state whether the employee shares are redeemable and, if they are, at whose option,
(h) state whether there are any restrictions on the transferability of the employee shares and, if there are, what those restrictions are,
(i) state whether any of the requirements of sections 561 and 562 of the Companies Act 2006 are excluded in the case of the employee shares (existing shareholders' right of pre-emption), and
(j) state whether the employee shares are subject to drag-along rights or tag-along rights and, if they are, explain the effect of the shares being so subject.
(6) Agreement between a company and an individual that the individual is to become an employee shareholder is of no effect unless, before the agreement is made—
(a) the individual, having been given the statement referred to in subsection (1)(c), receives advice from a relevant independent adviser as to the terms and effect of the proposed agreement, and
(b) seven days have passed since the day on which the individual receives the advice.
(7) Any reasonable costs incurred by the individual in obtaining the advice (whether or not the individual becomes an employee shareholder) which would, but for this subsection, have to be met by the individual are instead to be met by the company.
(8) The reference in subsection (2)(b) to making an application under section 80F does not include a reference to making an application within the period of 14 days beginning with the day on which the employee shareholder returns to work from a period of parental leave under regulations under section 76.
(9) The reference in subsection (2)(c) to unfair dismissal does not include a reference to a dismissal—
(a) which is required to be regarded as unfair for the purposes of Part 10 by a provision (whenever made) contained in or made under this or any other Act, or
(b) which amounts to a contravention of the Equality Act 2010.
(10) The reference in subsection (2)(c) to the right not to be unfairly dismissed does not include a reference to that right in a case where section 108(2) (health and safety cases) applies.
(11) The Secretary of State may by order amend subsection (1) so as to increase the sum for the time being specified there.
(12) The Secretary of State may by regulations provide that any agreement for a company to buy back from an individual the shares referred to in subsection (1)(b) in the event that the individual ceases to be an employee shareholder or ceases to be an employee must be on terms which meet the specified requirements.
(13) In this section—
“ company ” means—
a company or overseas company (within the meaning, in each case, of the Companies Act 2006) which has a share capital, or
a United Kingdom Societas (or UK Societas) within the meaning of Council Regulation 2157/2001/EC of 8 October 2001 on the Statute for a European company;
“ drag-along rights ”, in relation to shares in a company, means the right of the holders of a majority of the shares, where they are selling their shares, to require the holders of the minority to sell theirs;
“ parent undertaking ” has the same meaning as in the Companies Act 2006;
“ relevant independent adviser ” has the meaning that it has for the purposes of section 203(3)(c);
“ tag-along rights ”, in relation to shares in a company, means the right of the holders of a minority of the shares to sell their shares, where the holders of the majority are selling theirs, on the same terms as those on which the holders of the majority are doing so.
(14) The reference in this section to the value of shares in a company is a reference to their market value within the meaning of the Taxation of Chargeable Gains Act 1992 (see sections 272 and 273 of that Act).
206 Institution or continuance of tribunal proceedings.
(1) Where an employer has died, any tribunal proceedings arising under any of the provisions of this Act to which this section applies may be defended by a personal representative of the deceased employer.
(2) This section and section 207 apply to—
(a) Part I, so far as it relates to itemised pay statements,
(b) Part III,
(c) Part V,
(d) Part VI, apart from sections 58 to 60,
(e) Parts VII and VIII,
(ea) Part 8B,
(f) in Part IX, sections 92 and 93, and
(g) Parts X to XII.
(3) Where an employee has died, any tribunal proceedings arising under any of the provisions of this Act to which this section applies may be instituted or continued by a personal representative of the deceased employee.
(4) If there is no personal representative of a deceased employee, any tribunal proceedings arising under any of the provisions of this Act to which this section applies may be instituted or continued on behalf of the estate of the deceased employee by any appropriate person appointed by the employment tribunal.
(5) In subsection (4) “appropriate person” means a person who is—
(a) authorised by the employee before his death to act in connection with the proceedings, or
(b) the widow or widower, surviving civil partner, child, parent or brother or sister of the deceased employee;
and in Part XI and the following provisions of this section and section 207 references to a personal representative include a person appointed under subsection (4).
(6) In a case where proceedings are instituted or continued by virtue of subsection (4), any award made by the employment tribunal shall be—
(a) made in such terms, and
(b) enforceable in such manner,
as the Secretary of State may by regulations provide.
(7) Any reference in the provisions of this Act to which this section applies to the doing of anything by or in relation to an employer or employee includes a reference to the doing of the thing by or in relation to a personal representative of the deceased employer or employee.
(8) Any reference in the provisions of this Act to which this section applies to a thing required or authorised to be done by or in relation to an employer or employee includes a reference to a thing required or authorised to be done by or in relation to a personal representative of the deceased employer or employee.
(9) Subsections (7) and (8) do not prevent a reference to a successor of an employer including a personal representative of a deceased employer.
(1) Any right arising under any of the provisions of this Act to which this section applies which accrues after the death of an employee devolves as if it had accrued before his death.
(2) Where an employment tribunal determines under any provision of Part XI that an employer is liable to pay to a personal representative of a deceased employee—
(a) the whole of a redundancy payment to which he would have been entitled but for some provision of Part XI or section 206, or
(b) such part of such a redundancy payment as the tribunal thinks fit,
the reference in subsection (1) to a right includes any right to receive it.
(3) Where—
(a) by virtue of any of the provisions to which this section applies a personal representative is liable to pay any amount, and
(b) the liability has not accrued before the death of the employer,
it shall be treated as a liability of the deceased employer which had accrued immediately before his death.
207B Extension of time limits to facilitate conciliation before institution of proceedings
(1) This section applies where this Act provides for it to apply for the purposes of a provision of this Act (a “relevant provision”).
...
(2) In this section—
(a) Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b) Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(3) In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(4) If a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(5) Where an employment tribunal has power under this Act to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this section.
(1) The Secretary of State may by order—
(a) provide that any provision of this Act, other than any to which this paragraph does not apply, which is specified in the order shall not apply to persons, or to employments, of such classes as may be prescribed in the order,
(b) provide that any provision of this Act, other than any to which this paragraph does not apply, shall apply to persons or employments of such classes as may be prescribed in the order subject to such exceptions and modifications as may be so prescribed, or
(c) vary, or exclude the operation of, any of the provisions to which this paragraph applies.
(2) Subsection (1)(a) does not apply to—
(a) Parts II and IV,
(b) in Part V, sections 45 and 46, and sections 48 and 49 so far as relating to those sections,
(c) in Part VI, sections 58 to 60,
(d) in Part IX, sections 87(3), 88 to 90, 91(1) to (4) and (6) and 92(6) to (8),
(e) in Part X, sections 95, 97(1) to (5), 98(1) to (4) and (6), 100, 101, 101A, 102, 103, 105, 107, 110, 111, 120(2), 124(1), (2) and (5), 125(7) and 134,
(f) in Part XI, sections 143, 144, 160(2) and (3), 166 to 173 and 177 to 180,
(g) in Part XIII, sections . . . . . .,
(h) Chapter I of Part XIV, or
(j) in Part XV, section 236(3) so far as relating to sections 120(2), 124(2) and 125(7).
(3) Subsection (1)(b) does not apply to—
(a) any of the provisions to which subsection (1)(a) does not apply,
(b) sections 1 to 7, or
(c) the provisions of sections 86 to 91 not specified in subsection (2).
(4) The provision which may be made by virtue of paragraph (b) of subsection (1) in relation to section 94 does not include provision for application subject to exceptions or modifications; but this subsection does not prejudice paragraph (a) of that subsection.
(5) Subsection (1)(c) applies to sections 29(2), 65(2), 86(5), 92(3), 108(1), . . . 159, 160(1), 196(2), (3) and (5) and 199(1), (2), (4) and (5).
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) The provisions of this section are without prejudice to any other power of the Secretary of State to amend, vary or repeal any provision of this Act or to extend or restrict its operation in relation to any person or employment.