Legalize / United Kingdom / Public General Act

Employment Protection (Consolidation) Act 1978

Type Public General Act

Publication 1978-07-31

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) anything done by or in relation to his employer for the time being in respect of such 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.

(8) In subsection (7) " 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.

(9) If the House of Commons resolves at any time that any provision of subsections (3) to (6) 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.

Contracting out of provisions of Act

Restrictions on contracting out

140

(1) Except as provided by the following provisions of this section, any provision in an agreement (whether a contract of employment or not) shall be void in so far as it purports—

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

(b) to preclude any person from presenting a complaint to, or bringing any proceedings under this Act before, an industrial tribunal.

(2) Subsection (1) shall not apply—

(a) to any provision in a collective agreement excluding rights under section 12 if an order under section 18 is for the time being in force in respect of it;

(b) to any union membership agreement so far as it affects the rights of an employee—

(i) under section 23 in accordance with subsection (4) of that section;

(ii) under section 58 in accordance with subsection (3) of that section ;

(c) to any provision in a dismissal procedures agreement excluding rights under section 54 if that provision is not to have effect unless an order under section 65 is for the time being in force in respect of it;

(d) to any agreement to refrain from presenting a complaint under section 67, where in compliance with a request under section 134(3) a conciliation officer has taken action in accordance with that subsection;

(e) to any agreement to refrain from proceeding with a complaint presented under section 67 where a conciliation officer has taken action in accordance with section 134(1) and (2);

(f) to any provision in an agreement if an order under section 96 is for the time being in force in respect of it;

(g) to any agreement to refrain from instituting or continuing any proceedings before an industrial tribunal where a conciliation officer has taken action in accordance with section 133(2) or (3);

(h) to any provision of an agreement relating to dismissal from employment such as is mentioned in section 142(1) or (2).

Excluded classes of employment

Employment outside Great Britain

141

(1) Sections 1 to 4 and 49 to 51 do not apply in relation to employment during any period when the employee is engaged in work wholly or mainly outside Great Britain unless the employee ordinarily works in Great Britain and the work outside Great Britain is for the same employer.

(2) Sections 8 and 53 and Parts II, III, V and VII do not apply to employment where under his contract of employment the employee ordinarily works outside Great Britain.

(3) An employee shall not be entitled to a redundancy payment if on the relevant date he is outside Great Britain, unless under his contract of employment he ordinarily worked in Great Britain.

(4) An employee who under his contract of employment ordinarily works outside Great Britain shall not be entitled to a redundancy payment unless on the relevant date he is in Great Britain in accordance with instructions given to him by his employer.

(5) For the purpose of subsection (2), a person employed to work on board a ship registered in the United Kingdom (not being a ship registered at a port outside Great Britain) shall, unless—

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

(b) he is not ordinarily resident in Great Britain,

be regarded as a person who under his contract ordinarily works in Great Britain.

Contracts for a fixed term

142

(1) Section 54 does not apply to dismissal from employment under a contract for a fixed term of two years or more, where the dismissal consists only of the expiry of that term without its being renewed, if before the term so expires the employee has agreed in writing to exclude any claim in respect of rights under that section in relation to that contract.

(2) An employee employed under a contract of employment for a fixed term of two years or more entered into after 5th December 1965 shall not be entitled to a redundancy payment in respect of the expiry of that term without its being renewed (whether by the employer or by an associated employer of his), if before the term so expires he has agreed in writing to exclude any right to a redundancy payment in that event.

(3) Such an agreement as is mentioned in subsection (1) or (2) may be contained either in the contract itself or in a separate agreement.

(4) Where an agreement under subsection (2) is made during the currency of a fixed term, and that term is renewed, the agreement under that subsection shall not be construed as applying to the term as renewed, but without prejudice to the making of a further agreement under that subsection in relation to the term so renewed.

Minimum periods of employment

143

(1) An employee shall not be entitled to a guarantee payment in respect of any day unless he has been continuously employed for a period of four weeks ending with the last complete week before that day.

(2) An employee shall not be entitled to remuneration under section 19 unless he has been continuously employed for a period of four weeks ending with the last complete week before the day on which the suspension begins.

(3) Subject to subsection (4)—

(a) sections 12 and 19 do not apply to employment under a contract for a fixed term of twelve weeks or less; and

(b) sections 12, 19 and 49 do not apply to employment under a contract made in contemplation of the performance of a specific task which is not expected to last for more than twelve weeks.

(4) Subsection (3) does not apply where the employee has been continuously employed for a period of more than twelve weeks.

Mariners

144

(1) Sections 1 to 6 and 49 to 51 do not apply to—

(a) a person employed as a master of or a seaman on a sea-going British ship having a gross registered tonnage of eighty tons or more, including a person ordinarily employed as a seaman who is employed in or about such a ship in port by the owner or charterer of the ship to do work of a kind ordinarily done by a seaman on such a ship while it is in port, or

(b) a person employed as a skipper of or a seaman on a fishing boat for the time being required to be registered under section 373 of the Merchant Shipping Act 1894.

(2) Sections 8 and 53 and Parts II, III and V to VII 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) Section 141(3) and (4) do not apply to an employee, and section 142(2) does not apply to a contract of employment, if the employee is employed as a master or seaman in a British ship and is ordinarily resident in Great Britain.

(4) Sections 8, 29, 31, 122 and 123 do not apply to employment as a merchant seaman.

(5) Employment as a merchant seaman 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, save as aforesaid, it includes employment as master or a member of the crew of any ship and as a trainee undergoing training for the sea service, and 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

Dock workers

145

(1) Sections 1 to 6 and 49 to 51 do not apply to any registered dock worker except when engaged in work which is not dock work.

(2) Sections 12, 19, 31, 53, 54, 122 and 123 do not apply to employment as a registered dock worker other than employment by virtue of which the employee is wholly or mainly engaged in work which is not dock work.

(3) Subject to subsection (4), section 81 does not apply to any person in respect of his employment as a registered dock worker, unless it is employment by virtue of which he is wholly or mainly engaged in work which is not dock work.

(4) Subsection (3) does not apply where—

(a) the person became a registered dock worker in consequence of having been employed »on work which became classified;

(b) at the date of the termination of his employment he has been continuously employed since a time before that work was classified ; and

and, for the purposes of this subsection, Schedule 13 shall have effect subject to the provisions of the new Scheme.

(5) In this section—

" classified " means classified as dock work for the purposes of the new Scheme by an order under section 11 of the Dock Work Regulation Act 1976 ;

" dock work ", in relation to a dock worker registered under the 1967 Scheme, means the same as in that Scheme and in relation to one registered under the new Scheme means any work which, by reference to what it is or where it is done, is classified ;

" registered " means registered under the 1967 Scheme or under the new Scheme, and in relation to a worker who is registered under the new Scheme, means registered in a main register thereunder, and not m an extension register;

" the 1967 Scheme " means the Scheme made under the Dock Workers (Regulation of Employment) Act 1946 and set out, as varied, in Schedule 2 to the Dock Workers (Regulation of Employment) (Amendment) Order 1967;

" the new Scheme " means the Scheme made and in force under section 4 of the Dock Work Regulation Act 1976.

Miscellaneous classes of employment

146

(1) The following provisions of this Act do not apply to employment where the employer is the husband or wife of the employee, that is to say, sections 1, 4, 8, 53, 122 and 123 and Parts II. Ill, V and VI.

(2) Parts II, III, V and VII and sections 8, 9, 53 and 86 do not apply to employment under a contract of employment in police service or to persons engaged in such employment.

(3) In subsection (2), " police service " means service—

(a) as a member of any constabulary maintained by virtue of any enactment, or

(b) in any other capacity by virtue of which a person has the powers or privileges of a constable.

(4) Subject to subsections (5), (6) and (7), the following provisions of this Act (which confer rights which do not depend upon an employee having a qualifying period of continuous employment) do not apply to employment under a contract which normally involves employment for less than sixteen hours weekly, that is to say, sections 8, 27, 28 and 29.

(5) If the employee's relations with his employer cease to be governed by a contract which normally involves work for sixteen hours or more weekly and become governed by a contract which normally involves employment for eight hours or more, but less than sixteen hours, weekly, the employee shall nevertheless for a period of twenty-six weeks, computed in accordance with subsection (6), be treated for the purposes of subsection (4) as if his contract normally involved employment for sixteen hours or more weekly.

(6) In computing the said period of twenty-six weeks no account shall be taken of any week—

(a) during which the employee is in fact employed for sixteen hours or more;

(b) during which the employee takes part in a strike (as defined by paragraph 24 of Schedule 13) or is absent from work because of a lock-out (as so defined) by his employer; or

(c) during which there is no contract of employment but which, by virtue of paragraph 9(1) of Schedule 13. counts in computing a period of continuous employment.

(7) An employee whose relations with his employer are governed by a contract of employment which normally involves employment for eight hours or more, but less than sixteen hours, weekly shall nevertheless, if he has been continuously employed for a period of five years or more be treated for the purposes of subsection (4) as if his contract normally involved employment for sixteen hours or more weekly.

Application of ss. 1 to 4 to excluded employment

147

Sections 1 to 4 shall apply to an employee who at any time comes or ceases to come within the exceptions from those sections provided for by or under sections 3(1), 143 to 146 and 149 as if a period of employment terminated or began at that time.

Supplementary provisions

Review of limits

148

(1) The Secretary of State shall in each calendar year review—

(a) the limits referred to in section 15 ;

(b) the limit referred to in section 122(5); and

(c) the limits imposed by paragraph 8(1) of Schedule 14 on the amount of a week's pay for the purposes of those provisions;

and shall determine whether any of those limits should be varied.

(2) In making a review under this section the Secretary of State shall consider—

(a) the general level of earnings obtaining in Great Britain at the time of the review ;

(b) the national economic situation as a whole ; and

(3) If on a review under this section the Secretary of State determines that, having regard to the considerations mentioned in subsection (2), any of those limits should be varied, he shall prepare and lay before each House of Parliament the draft of an order giving effect to his decision.

(4) Where a draft of an order under this section is approved by resolution of each House of Parliament the Secretary of State shall make an order in the form of the draft.

(5) If, following the completion of an annual review under this section, the Secretary of State determines that any of the limits referred to in subsection (1) shall not be varied, he shall lay before each House of Parliament a report containing a statement of his reasons for that determination.

(6) The Secretary of State may at any time, in addition to the annual review provided for in subsection (1), conduct a further review of the limits mentioned in subsection (1) so as to determine whether any of those limits should be varied, and subsections (2) to (4) shall apply to such a review as if it were a review under subsection (1).

General power to amend Act

149

(1) Subject to the following provisions of this section, the Secretary of State may by order—

(a) provide that any enactment contained in this Act 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 such enactment shall apply to persons or employments of such classes as may be prescribed in the order subject, except in relation to section 54 (but without prejudice to paragraph (a)), to such exceptions and modifications as may be so prescribed ;

(c) vary, or exclude the operation of, any of the following provisions of this Act, that is to say, sections 64(1), 99, 141(2) and (5), 143(3) and (4), 144(1), (2), (4) and (5), 145(1), (2) and (3) and 146(1) and (4) to (7);

(d) add to, vary or delete any of the provisions of Schedule 5.

(2) Subsection (1) does not apply to the following provisions of this Act, namely, sections 7, 52, 55, 57, 58, 59, 62, 63, 65, 66, 67, 75, 80, 103 to 120, 128, 134, 141(1) and 142(1) and Schedules 3, 9 and 13, and, in addition, paragraph (b) of subsection (1) does not apply to sections 1 to 6 and 49 to 51 and paragraph (c) of subsection (1) does not apply to section 143 as that section applies in relation to section 49.

(3) 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.

(4) No order under subsection (1) shall be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

Death of employee or employer

150

Schedule 12 shall have effect for the purpose of supplementing and modifying the provisions of Part I (so far as it relates to itemised pay statements), section 53 and Parts II, III, and V to VII as respects the death of an employee or employer.

Continuous employment

151

(1) Subject to sections 104(2) and 106(2), Schedule 13 shall have effect for the purposes of this Act for ascertaining the length of an employee's period of employment and whether that employment has been continuous, and references in this Act to a period of employment shall be construed accordingly.

(2) For the purposes of any proceedings under this Act, other than proceedings for a breach of section 1, 2, 4 or 49, a person's employment during any period shall, unless the contrary is shown, be presumed to have been continuous.

Calculation of normal working hours and a week's pay

152

Schedule 14 shall have effect for the purposes of this Act for calculating the normal working hours and the amount of a week's pay of any employee.

Interpretation

153

(1) In this Act, except so far as the context otherwise requires—

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

" business " includes a trade or profession and includes any activity carried on by a body of persons, whether corporate or unincorporate;

" certified midwife " means a midwife certified under the Midwives Act 1951 or the Midwives (Scotland) Act 1951;

" collective agreement " has the meaning given by section 30(1) of the Trade Union and Labour Relations Act 1974;

" confinement " means the birth of a living child or the birth of a child whether living or dead after twenty-eight weeks of pregnancy;

" contract of employment " means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether it is oral or in writing ;

" dismissal procedures agreement " means an agreement in writing with respect to procedures relating to dismissal made by or on behalf of one or more independent trade unions and one or more employers or employers' associations;

" effective date of termination " has the meaning given by section 55(4) and (5);

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

" employer ", in relation to an employee, means the person by whom the employee is (or, in a case where the employment has ceased, was) employed ;

" employers' association " has the same meaning as it has for the purposes of the Trade Union and Labour Relations Act 1974;

" employer's payment " means a payment falling within paragraph (a), (b) or (c) of section 104(1);

" employment ", except for the purposes of sections 111 to 115, means employment under a contract of employment ;

" expected week of confinement " means the week, beginning with midnight between Saturday and Sunday, in which it is expected that confinement will take place;

" government department ", except in section 138 and paragraph 19 of Schedule 13, includes a Minister of the Crown;

" guarantee payment " has the meaning given by section 12(1);

" inadmissible reason " has the meaning given by section 58(5);

" independent trade union " means a trade union which— is not under the domination or control of an employer or a group of employers or of one or more employers' associations ; and is not liable to interference by an employer or any such group or association (arising out of the provision of financial or material support or by any other means whatsoever) tending towards such control; and, in relation to a trade union, " independent" and " independence " shall be construed accordingly ;

" job ", in relation to an employee, means the nature of the work which he is employed to do in accordance with his contract and the capacity and place in which he is so employed;

" maternity pay " has the meaning given by section 33(1); " Maternity Pay Fund" means the fund referred to in section 37;

" maternity pay rebate " has the meaning given by section 39;

" notice of intention to claim " has the meaning given by section 88 ;

" notified day of return " has the meaning given by section 47(1) and (8);

" official ", in relation to a trade union, has the meaning given by section 30(1) of the Trade Union and Labour Relations Act 1974;

" original contract of employment", in relation to an employee who is absent from work wholly or partly because of pregnancy or confinement, means the contract under which she worked immediately before the beginning of her absence or, if she entered into that contract during her pregnancy by virtue of section 60(2) or otherwise by reason of her pregnancy, the contract under which she was employed immediately before she entered into the later contract or, if there was more than one later contract, the first of the later contracts;

" position ", in relation to an employee, means the following matters taken as a whole, that is to say, his status as an employee, the nature of his work and his terms and conditions of employment;

" Redundancy Fund " means the fund referred to in section 103;

" redundancy payment" has the meaning given by section 81(1);

" redundancy rebate" has the meaning given by section 104;

" relevant date ", for the purposes of the provisions of this Act which relate to redundancy payments, has the meaning given by section 90 ;

" renewal " includes extension, and any reference to renewing a contract or a fixed term shall be construed accordingly;

" statutory provision " means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or special nature ;

" successor " has the meaning given by section 30(3) and (4) of the Trade Union and Labour Relations Act 1974;

" trade dispute " has the meaning given by section 29 of the said Act of 1974 ;

" trade union " has the meaning given by section 28 of the said Act of 1974 ;

" union membership agreement " has the meaning given by section 30(1) of the said Act of 1974 and " employees ", in relation thereto, has the meaning given by section 30(5A) of that Act;

" week " means, in relation to an employee whose remuneration is calculated weekly by a week ending with a day other than Saturday, a week ending with that other day, and in relation to any other employee, a week ending with Saturday.

(2) References in this Act to dismissal by reason of redundancy, and to cognate expressions, shall be construed in accordance with section 81.

(3) In sections 33, 47, 56, 61 and 86 and Schedule 2, except where the context otherwise requires, "to return to work" means to return to work in accordance with section 45(1), and cognate expressions shall be construed accordingly.

(4) For the purposes of this Act, any two employers are to be treated as associated if one is a company of which the other (directly or indirectly) has control, or if both are companies of which a third person (directly or indirectly) has control; and the expression " associated employer " shall be construed accordingly.

(5) 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.

(6) In this Act, except where otherwise indicated—

(a) a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered, and

(b) a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered, and

(c) a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered, and

(d) a reference to any provision of an Act (including this Act) includes a Schedule incorporated in the Act by that provision.

(7) Except so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.

Orders, rules and regulations

154

(1) Any power conferred by any provision of this Act to make an order (other than an Order in Council or an order under section 65 or 66) or to make rules or regulations shall be exercisable by statutory instrument.

(2) Any statutory instrument made under any power conferred by this Act to make an Order in Council or other order or to make rules or regulations, except—

(a) an instrument required to be laid before Parliament in draft; and

(b) an order under section 18,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Any power conferred by this Act which is exercisable by statutory instrument shall include power to make such incidental, supplementary or transitional provisions as appear to the authority exercising the power to be necessary or expedient.

(4) An order made by statutory instrument under any provision of this Act may be revoked or varied by a subsequent order made under that provision.

This subsection does not apply to an order under section 96 but is without prejudice to subsection (4) of that section.

Offences by bodies corporate

155

(1) Where an offence under section 44 or 126 committed by a body corporate is proved to have been committed with the consent or connivance of, or 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 shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply 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.

Payments into the Consolidated Fund

156

(1) There shall be paid out of the Maternity Pay Fund into the Consolidated Fund sums equal to the amount of any expenses incurred by the Secretary of State in exercising his functions under this Act relating to maternity pay.

(2) There shall be paid out of the Redundancy Fund into the Consolidated Fund sums equal to the amount of any expenses incurred—

(a) by the Secretary of State in consequence of Part VI, except expenses incurred in the payment of sums in accordance with any such arrangements as are mentioned in section 111(3);

(b) by the Secretary of State (or by persons acting on his behalf) in exercising his functions under sections 122 to 126.

(3) There shall be paid out of the Redundancy Fund into the Consolidated Fund such sums as the Secretary of State may estimate in accordance with directions given by the Treasury to be the amount of any expenses incurred by any government department other than the Secretary of State in consequence of the provisions of sections 103 to 109.

Northern Ireland

157

(1) If provision is made by Northern Irish legislation (that is to say by or under a Measure of the Northern Ireland Assembly) for purposes corresponding to any of the purposes of this Act, except sections 1 to 7 and 49 to 51, the Secretary of State may, with the consent of the Treasury, make reciprocal arrangements with the appropriate Northern Irish authority for co-ordinating the relevant provisions of this Act with the corresponding provisions of the Northern Irish legislation, so as to secure that they operate, to such extent as may be provided by the arrangements, as a single system.

(2) For the purpose of giving effect to any such arrangements the Secretary of State shall have power, in conjunction with the appropriate Northern Irish authority—

(a) where the arrangements relate to the provisions of this Act relating to maternity pay, to make any necessary financial adjustments between the Maternity Pay Fund and any fund established under Northern Irish legislation; and

(b) where the arrangements relate to Part VI or to sections 122 to 126, to make any necessary financial adjustments between the Redundancy Fund and the Northern Ireland Redundancy Fund.

(3) The Secretary of State may make regulations for giving effect in Great Britain to any such arrangements, and any such regulations may make different provision for different cases, and may provide that the relevant provisions of this Act shall have effect in relation to persons affected by the arrangements subject to such modifications and adaptations as may be specified in the regulations, including provision—

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

(b) for determining, in cases where rights accrue both under this Act and under the Northern Irish legislation, which of those rights shall be available to the person concerned.

(4) In this section " the appropriate Northern Irish authority " means such authority as may be specified in that behalf in the Northern Irish legislation.

The Isle of Man

158

(1) If an Act of Tynwald is passed for purposes similar to the purposes of Part VI, the Secretary of State may, with the consent of the Treasury, make reciprocal arrangements with the appropriate Isle of Man authority for co-ordinating the provisions of Part VI with the corresponding provisions of the Act of Tynwald so as to secure that they operate, to such extent as may be provided by the arrangements, as a single system.

(2) For the purpose of giving effect to any such arrangements, the Secretary of State shall have power, in conjunction with the appropriate Isle of Man authority, to make any necessary financial adjustments between the Redundancy Fund and any fund established under the Act of Tynwald.

(3) The Secretary of State may make regulations for giving effect in Great Britain to any such arrangements, and any such regulations may provide that Part VI shall have effect in relation to persons affected by the arrangements subject to such modifications and adaptations as may be specified in the regulations, including provision—

(a) for securing that acts, omissions and events having any effect for the purposes of the Act of Tynwald shall have a corresponding effect for the purposes of Part VI (but not so as to confer a right to double payment in respect of the same act, omission or event); and

(b) for determining, in cases where rights accrue both under this Act and under the Act of Tynwald, which of those rights shall be available to the person concerned.

(4) In this section " the appropriate Isle of Man authority " means such authority as may be specified in that behalf in an Act of Tynwald.

Transitional provisions, savings, consequential amendments and repeals

159

(1) The transitional provisions and savings in Schedule 15 shall have effect but nothing in that Schedule shall be construed as prejudicing section 38 of the Interpretation Act 1889 (effect of repeals).

(2) The enactments specified in Schedule 16 shall have effect subject to the amendments specified in that Schedule.

(3) The enactments specified in the first column of Schedule 17 are hereby repealed to the extent specified in column 3 of that Schedule.

Citation, commencement and extent

160

(1) This Act may be cited as the Employment Protection (Consolidation) Act 1978.

(2) This Act, except section 139(2) to (9) and the repeals in section 122 of the Employment Protection Act 1975 provided for in Schedule 17 to this Act, shall come into force on 1st November 1978, and section 139(2) to (9) and those repeals shall come into force on 1st January 1979.

(3) This Act, except sections 137 and 157 and paragraphs 12 and 28 of Schedule 16, shall not extend to Northern Ireland.

SCHEDULE 1

SCHEDULE 2

PART I — Unfair Dismissal

Introductory

1

References in this Part to provisions of this Act relating to unfair dismissal are references to those provisions as they apply by virtue of section 56.

Adaptation of unfair dismissal provisions

2

(1) Section 57 shall have effect as if for subsection (3) there were substituted the following subsection: —

(3) Where the employer has fulfilled the requirements of subsection (1), then, subject to sections 58(1), 59, 60 and 62, the determination of the question whether the dismissal was fair or unfair, having regard to the reason shown by the employer, shall depend on whether the employer can satisfy the tribunal that in the circumstances (having regard to equity and the substantial merits of the case) he would have been acting reasonably in treating it as a sufficient reason for dismissing the employee if she had not been absent from work.

(2) If in the circumstances described in section 45(3) no offer is made of such alternative employment as is referred to in that subsection, then the dismissal which by virtue of section 56 is treated as taking place shall, notwithstanding anything in section 57 or 58, be treated as an unfair dismissal for the purposes of Part V of this Act.

(3) The following references shall be construed as references to the notified day of return, that is to say—

(a) references in Part V of this Act to the effective date of termination;

(b) references in sections 69 and 70 to the date of termination of employment.

(4) The following provisions of this Act shall not apply, that is to say, sections 55, 58(3), 64(1), 65, 66, 73(5) and (6), 141(2), 142(1). 144(2), 145(2) and 146(1). paragraph 11(1) of Schedule 13, paragraphs 7(1)(f) to (i) and (2) and 8(3) of Schedule 14 and paragraph 10 of Schedule 15.

(5) For the purposes of Part II of Schedule 14 as it applies for the calculation of a week's pay for the purposes of section 71 or 73, the calculation date is the last day on which the employee worked under the original contract of employment

PART II — Redundancy Payments

Introductory

3

References in this Part to provisions of this Act relating to redundancy are references to those provisions as they apply by virtue of section 86.

Adaptation of redundancy payments provisions

4

(1) References in Part VI of this Act shall be adapted as follows, that is to say—

(a) references to the relevant date, wherever they occur, shall be construed, except where the context otherwise requires, as references to the notified day of return;

(b) references in sections 82(4) and 84(1) to a renewal or re-engagement taking effect immediately on the ending of employment under the previous contract or after an interval of not more than four weeks thereafter, shall be construed as references to a renewal or re-engagement taking effect on the notified day of return or not more than four weeks after that day; and

(c) references in section 84(3) to the provisions of the previous contract shall be construed as references to the provisions of the original contract of employment

(2) Nothing in section 86 shall prevent an employee from being treated, by reason of the operation of section 84(1), as not having been dismissed for the purposes of Part VI of this Act.

(3) The following provisions of this Act shall not apply, that is to say, sections 81(1)(b), 82(1) and (2), 83(1) and (2), 85, 87 to 89, 90(3), 92, 93, 96, 110, 144(2), 146(1) and 150, paragraph 4 of Schedule 4, Schedule 12 and paragraphs 7(1)(j) and (k) and 8(4) of Schedule 14.

(4) For the purposes of Part II of Schedule 14 as it applies for the calculation of a week's pay for the purposes of Schedule 4, the calculation date is the last day on which the employee worked under the original contract of employment

Prior redundancy

5

If, in proceedings arising out of a failure to permit an employee to return to work, the employer shows—

(a) that the reason for the failure is that the employee is redundant; and

(b) that the employee was dismissed or, had she continued to be employed by him, would have been dismissed, by reason of redundancy during her absence on a day earlier than the notified day of return and falling after the beginning of the eleventh week before the expected week of confinement. then, for the purposes of Part VI of this Act the employee—

(i) shall not be treated as having been dismissed with effect from the notified day of return ; but

(ii) shall, if she would not otherwise be so treated, be treated as having been continuously employed until that earlier day and as having been dismissed by reason of redundancy with effect from that day.

PART III — General

Dismissal during period of absence

6

(1) This paragraph applies to the dismissal of an employee who is under this Act entitled to return to work and whose contract of employment continues to subsist during the period of her absence but who is dismissed by her employer during that period after the beginning of the eleventh week before the expected week of confinement

(2) For the purposes of sub-paragraph (1), an employee shall not be taken to be dismissed during the period of her absence if the dismissal occurs in the course of the employee's attempting to return to work in accordance with her contract in circumstances in which section 48 applies.

(3) In the application of Part V of this Act to a dismissal to which this paragraph applies, the following provisions shall not apply, that is to say, sections 58(3), 64, 65, 66, 141(2), 144(2), 145 and 146(1).

(4) Any such dismissal shall not affect the employee's right to return to work, but—

(a) compensation in any unfair dismissal proceedings arising out of that dismissal shall be assessed without regard to the employee's right to return; and

(b) that right shall be exercisable only on her repaying any redundancy payment or compensation for unfair dismissal paid in respect of that dismissal, if the employer requests such repayment

Power to amend or modify

7

(1) The Secretary of State may by order amend the provisions of this Schedule and section 48 or modify the application of those provisions to any description of case.

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

SCHEDULE 3

Preliminary

1

In this Schedule the "period of notice " means the period of notice required by section 49(1) or, as the case may be, section 49(2).

Employments for which there are normal working hours

2

(1) If an employee has normal working hours under the contract of employment in force during the period of notice, and if during any part of those normal working hours—

(a) the employee is ready and willing to work but no work is provided for him by his employer; or

(b) the employee is incapable of work because of sickness or injury; or

then the employer shall be liable to pay the employee for the part of normal working hours covered by paragraphs (a), (b) and (c) a sum not less than the amount of remuneration for that part of normal working hours calculated at the average hourly rate of remuneration produced by dividing a week's pay by the number of normal working hours.

(2) Any payments made to the employee by his employer in respect of the relevant part of the period of notice whether by way of sick pay, holiday pay or otherwise, shall go towards meeting the employer's liability under this paragraph.

(3) Where notice was given by the employee, the employer's liability under this paragraph shall not arise unless and until the employee leaves the service of the employer in pursuance of the notice.

Employments for which there are no normal working hours

3

(1) If an employee does not have normal working hours under the contract of employment in force in the period of notice the employer shall be liable to pay the employee for each week of the period of notice a sum not less than a week's pay.

(2) Subject to sub-paragraph (3), the employer's obligation under this paragraph shall be conditional on the employee being ready and willing to do work of a reasonable nature and amount to earn a week's pay.

(3) Sub-paragraph (2) shall not apply—

(a) in respect of any period during which the employee is incapable of work because of sickness or injury, or

(b) in respect of any period during which the employee is absent from work in accordance with the terms of his employment relating to holidays,

and any payment made to an employee by his employer in respect of such a period, whether by way of sick pay, holiday pay or otherwise, shall be taken into account for the purposes of this paragraph as if it were remuneration paid by the employer in respect of that period.

(4) Where the notice was given by the employee, the employer's liability under this paragraph shall not arise unless and until the employee leaves the service of the employer in pursuance of the notice.

Sickness or industrial injury benefit

4

(1) The following provisions of this paragraph shall have effect where the arrangements in force relating to the employment are such that—

(a) payments by way of sick pay are made by the employer to employees to whom the arrangements apply, in cases where any such employees are incapable of work because of sickness or injury, and

(b) in calculating any payment so made to any such employee an amount representing, or treated as representing, sickness benefit or industrial injury benefit is taken into account, whether by way of deduction or by way of calculating the payment as a supplement to that amount.

(2) If during any part of the period of notice the employee is incapable of work because of sickness or injury, and—

(a) one or more payments, by way of sick pay are made to him by the employer in respect of that part of the period of notice, and

(b) in calculating any such payment such an amount as is referred to in sub-paragraph (1)(b) is taken into account as therein mentioned,

then for the purposes of this Schedule the amount so taken into account shall be treated as having been paid by the employer to the employee by way of sick pay in respect of that part of that period, and shall go towards meeting the liability of the employer under paragraph 2 or paragraph 3 accordingly.

Absence on leave granted at request of employee

5

The employer shall not be liable under the foregoing provisions of this Schedule to make any payment in respect of a period during which the employee is absent from work with the leave of the employer granted at the request of the employee (including any period of time off taken in accordance with section 27, 28, 29 or 31)

Notice given before a strike

6

No payment shall be due under this Schedule in consequence of a notice to terminate a contract given by an employee if, after the notice is given and on or before the termination of the contract, the employee takes part in a strike of employees of the employer.

Termination of employment during period of notice

7

(1) If, during the period of notice, the employer breaks the contract of employment, payments received under this Schedule in respect of the part of the period after the breach shall go towards mitigating the damages recoverable by the employee for loss of earnings in that part of the period of notice.

(2) If, during the period of notice, the employee breaks the contract and the employer rightfully treats the breach as terminating the contract, no payment shall be due to the employee under this Schedule in respect of the part of the period of notice falling after the termination of the contract.

SCHEDULE 4

1

The amount of a redundancy payment to which an employee is entitled in any case shall, subject to the following provisions of this Schedule, be calculated by reference to the period, ending with the relevant date, during which he has been continuously employed.

2

Subject to paragraphs 3 and 4, the amount of the redundancy payment shall be calculated by reference to the period specified in paragraph 1 by starting at the end of that period and reckoning backwards the number of years of employment falling within that period, and allowing—

(a) one and a half weeks' pay for each such year of employment which consists wholly of weeks (within the meaning of Schedule 13) in which the employee was not below the age of forty-one;

(b) one week's pay for each such year of employment (not falling within the preceding sub-paragraph) which consists wholly of weeks (within the meaning of Schedule 13) in which the employee was not below the age of twenty-two ; and

3

Where, in reckoning the number of years of employment in accordance with paragraph 2, twenty years of employment have been reckoned, no account shall be taken of any year of employment earlier than those twenty years.

4

(1) Where in the case of an employee the relevant date is after the specified anniversary, the amount of the redundancy payment, calculated in accordance with the preceding provisions of this Schedule, shall be reduced by the appropriate fraction.

(2) In this paragraph "the specified anniversary", in relation to a man, means the sixty-fourth anniversary of the day of his birth, and, in relation to a woman, means the fifty-ninth anniversary of the day of her birth, and " the appropriate fraction " means the fraction of which—

(a) the numerator is the number of whole months, reckoned from the specified anniversary, in the the period beginning with that anniversary and ending with the relevant date, and

(b) the denominator is twelve.

5

For the purposes of any provision contained in Part VI whereby an industrial tribunal may determine that an employer shall be liable to pay to an employee either—

(a) the whole of the redundancy payment to which the employee would have been entitled apart from another provision therein mentioned, or

(b) such part of that redundancy payment as the tribunal thinks fit,

the preceding provisions of this Schedule shall apply as if in those provisions any reference to the amount of a redundancy payment were a reference to the amount of the redundancy payment to which the employee would have been so entitled.

6

The preceding provisions of this Schedule shall have effect without prejudice to the operation of any regulations made under section 98 whereby the amount of a redundancy payment, or part of a redundancy payment, may be reduced.

7

Where the relevant date does not occur on a Saturday, any reference in the preceding provisions of this Schedule to the relevant date shall be construed as a reference to the Saturday immediately following that date.

SCHEDULE 5

1

A Regional Health Authority, Area Health Authority, special health authority, Health Board or the Common Services Agency for the Scottish Health Service.

2

The Dental Estimates Board.

3

Any joint committee constituted under section 13(8) of the National Health Service (Scotland) Act 1972.

4

The Public Health Laboratory Service Board.

SCHEDULE 6

PART I — Rebates in Respect of Redundancy Payments

1

Subject to sections 104(7) and 108 and to the following provisions of this Part, the amount of any redundancy rebate payable in respect of a redundancy payment shall be calculated by taking the number of years of employment by reference to which the redundancy payment falls to be calculated in accordance with Schedule 4 and allowing—

(a) 123/200 of one week's pay for each year of employment falling within sub-paragraph (a) of paragraph 2 of that Schedule ;

(b) 41/100 of one week's pay for each year of employment falling within sub-paragraph (b) of that paragraph; and

2

Where the amount of the redundancy payment, calculated in accordance with paragraphs 1, 2 and 3 of Schedule 4, is reduced by virtue of paragraph 4 of that Schedule, the amount of the rebate shall be 41/100 of the amount of the redundancy payment as so reduced.

3

(1) The provisions of this paragraph shall have effect in relation to any case where—

(a) under section 85, 92 or 110 an industrial tribunal is empowered to determine that an employer shall be liable to pay to an employee either the whole or part of the redundancy payment to which the employee would have been entitled apart from another provision therein mentioned, and

(b) the tribunal determines that the employer shall be liable to pay part (but not the whole) of that redundancy payment.

(2) There shall be ascertained what proportion that part of the redundancy payment bears to the whole of it (in this paragraph referred to as " the relevant proportion ").

(3) There shall also be ascertained what, in accordance with the preceding provisions of this Part, would have been the amount of the redundancy rebate payable in respect of that redundancy payment if the employer had been liable to pay the whole of it.

(4) Subject to paragraph 4, the amount of the rebate payable in that case shall then be an amount equal to the relevant proportion of the amount referred to in sub-paragraph (3).

4

Where the amount of a redundancy payment or part of a redundancy payment is reduced in accordance with regulations made under section 98.—

(a) the proportion by which it is so reduced shall be ascertained, and

(b) the amount of any redundancy rebate calculated by reference to that payment shall be reduced by that proportion.

PART II — Rebates in Respect of other Payments

Introductory

5

The provisions of this Part shall have effect for the purpose of calculating the amount of any redundancy rebate payable in respect of an employer's payment which is not a redundancy payment or part of a redundancy payment (in this Part referred to as "the agreed payment").

6

In this Part " the agreement ", in relation to the agreed payment, means the agreement referred to in paragraph (b) or paragraph (c) of section 104(1) by reference to which that payment is payable ; and " the relevant provisions of the agreement" means those provisions of the agreement which relate to either of the following matters, that is to say—

(a) the circumstances in which the continuity of an employee's period of employment is to be treated as broken, and

(b) the weeks which are to count in computing a period of employment.

7

In this Part any reference to the amount of the relevant redundancy payment, in relation to the agreed payment, shall be construed as a reference to the amount of the redundancy payment which the employer would have been liable to pay to the employee if—

(a) the order referred to in paragraph (b) of subsection (1) of section 104, or (as the case may be) the order and the award referred to in paragraph (c) of that subsection, had not been made;

(b) the circumstances in which the agreed payment is payable had been such that the employer was liable to pay a redundancy payment to the employee in those circumstances ;

(c) in relation to that redundancy payment, the relevant date had been the date on which the termination of the employee's contract of employment is treated for the purposes of the agreement as having taken effect; and

(d) in so far as the relevant provisions of the agreement are inconsistent with the provisions of Schedule 13 as to the matters referred to in sub-paragraphs (a) and (b) of paragraph 6, those provisions of the agreement were substituted for those provisions of that Schedule ;

and "the assumed conditions" means the conditions specified in sub-paragraphs (a) to (d) of this paragraph.

Method of calculation

8

Subject to sections 104(7) and 108, and to the following provisions of this Part, the amount of any redundancy rebate payable in respect of the agreed payment shall be an amount calculated as follows, that is to say, by taking the number of years of employment by reference to which the amount of the relevant redundancy payment would fall to be calculated in accordance with Schedule 4 (as that Schedule would have applied if the assumed conditions were fulfilled), and allowing—

(a) 123/200 of one week's pay for each such year of employment falling within sub-paragraph (a) of paragraph 2 of that Schedule;

(b) 41/100 of one week's pay for each such year of employment falling within sub-paragraph (b) of that paragraph; and

9

For the purposes of paragraph 8, Schedule 13 shall have effect as if paragraphs 11(2), 12 and 14 were omitted.

10

Where the amount of the agreed payment is less than the amount of the relevant redundancy payment—

(a) the proportion which it bears to the amount of the relevant redundancy payment shall be ascertained, and

(b) the amount of the rebate shall (except as provided by the next following paragraph) be that proportion of the amount calculated in accordance with the preceding provisions of this Part of this Schedule.

11

Where the amount of the relevant redundancy payment calculated in accordance with paragraphs 1, 2 and 3 of Schedule 4 would (if the assumed conditions were fulfilled) have been reduced by virtue of paragraph 4 of that Schedule, the amount of the rebate shall be 41 /100 of the amount of the relevant redundancy payment as so reduced.

Savings

12

(1) This Schedule shall have effect in relation to redundancy rebates of a kind specified in sub-paragraph (2), as if—

(a) in paragraphs 1 and 8, for the reference to 123/200, 41/100 and 41/200 there were substituted a reference to 3/4, 1/2 and 1/4 respectively, and

(b) in paragraphs 2 and 11 for each reference to 41/100 there were substituted a reference to 1/2.

(2) The redundancy rebates referred to in sub-paragraph (1) are—

(a) any rebate payable in respect of the whole or part of a redundancy payment in relation to which the relevant date is or would but for the operation of section 90(3) be earlier than 14th August 1977 ;

(b) any rebate payable in respect of a payment to an employee on the termination of his contract of employment which is paid—

(i) in pursuance of an agreement in respect of which an order under section 96 is in operation; or

(ii) in pursuance of an award made under Schedule 11 to the Employment Protection Act 1975 in connection with such an agreement,

where, under the agreement in question, the employee's contract is treated for the purposes of the agreement as having been terminated on a date earlier than 14th August 1977.

Power to modify paragraphs 1,2,8 and 11

13

(1) The Secretary of State may from time to time by order modify this Schedule—

(a) by substituting for the three fractions of a week's pay for the time being specified in sub-paragraphs (a), (b) and (c) of paragraphs 1 and 8 one of the other sets of three fractions specified in the following Table ; and

(b) by substituting for the fraction for the time being specified in paragraphs 2 and 11 for the purpose of calculating the amount of the rebates in respect of reduced payments the like fraction as, by virtue of paragraph (a) is substituted for the fraction in paragraphs 1(b) and 8(6).

	Fraction in paragraphs 1(a) and 8(a)	Fraction in paragraphs 1(b\2,8(b)and 11	Fraction in paragraphs 1(c) and 8(c)
1	21/40	7/20	7/40
2	123/200	41/100	41/200
3	27/40	9/20	9/40
4	3/4	1/2	1/4
5	33/40	11/20	11/40
6	9/10	3/5	3/10
7	39/40	13/20	13/40
8	21/20	7/10	7/20
9	9/8	3/4	3/8
10	6/5	4/5	2/5

In this Table—

(a) the three fractions specified in paragraph 2 are those which, at the passing of this Act, are specified in sub-paragraphs (a), (b) and (c) of paragraphs 1 and 8 ;

(b) the second of the fractions specified in paragraph 2 is the fraction which, at the passing of this Act, is specified in paragraphs 2 and 11.

(2) No order shall be made under sub-paragraph (1) unless a draft thereof has been laid before and approved by a resolution of each House of Parliament.

SCHEDULE 7

1

(1) Where the employer's payment is a redundancy payment, the sum referred to in section 106(2) is a sum equal to the amount of that payment

(2) Where, in a case falling within section 104(6), the employer's payment is part of a redundancy payment, the sum referred to in section 106(2) is a sum equal to the amount of that part of the payment

2

(1) The provisions of this paragraph shall have effect for the purpose of determining the sum referred to in section 106(2) in relation to an employer's payment which is not a redundancy payment or part of a redundancy payment.

(2) Paragraphs 6 and 7 of Schedule 6 shall have effect for the purposes of this paragraph as they have effect for the purposes of Part II of that Schedule; and in the application of those paragraphs in accordance with this sub-paragraph the employer's payment in relation to which the sum referred to in section 106(2) falls to be determined shall be taken to be the agreed payment.

(3) In relation to any such employer's payment, the sum in question shall be a sum equal to—

(a) the amount of the employer's payment, or

(b) the amount of the relevant redundancy payment,

whichever is the less.

SCHEDULE 8

SCHEDULE 9

Regulations as to tribunal procedure

1

(1) The Secretary of State may by regulations (in this Schedule referred to as "the regulations") make such provision as appears to him to be necessary or expedient with respect to proceedings before industrial tribunals.

(2) The regulations may in particular include provision—

(a) for determining by which tribunal any appeal, question or complaint is to be determined ;

(b) for enabling an industrial tribunal to hear and determine proceedings brought by virtue of section 131 concurrently with proceedings brought before the tribunal otherwise than by virtue of that section ;

(c) for treating the Secretary of State (either generally or in such circumstances as may be prescribed by the regulations) as a party to any proceedings before an industrial tribunal, where he would not otherwise be a party to them, and entitling him to appear and to be heard accordingly;

(d) for requiring persons to attend to give evidence and produce documents, and for authorising the administration of oaths to witnesses ;

(e) for granting to any person such discovery or inspection of documents or right to further particulars as might be granted by a county court in England and Wales or, in Scotland, for granting to any person such recovery or inspection of documents as might be granted by the sheriff;

(f) for prescribing the procedure to be followed on any appeal, reference or complaint or other proceedings before an industrial tribunal, including provisions as to the persons entitled to appear and to be heard on behalf of parties to such proceedings, and provisions for enabling an industrial tribunal to review its decisions, and revoke or vary its orders and awards, in such circumstances as may be determined in accordance with the regulations ;

(g) for the appointment of one or more assessors for the purposes of any proceedings before an industrial tribunal, where the proceedings are brought under an enactment which provides for one or more assessors to be appointed ;

(h) for the award of costs or expenses, including any allowances payable under paragraph 10 other than allowances payable to members of industrial tribunals or assessors ;

(i) for taxing or otherwise settling any such costs or expenses (and, in particular, in England and Wales, for enabling such costs to be taxed in the county court); and

(j) for the registration and proof of decisions, orders and awards of industrial tribunals.

(3) In relation to proceedings on complaints under section 67 or any other enactment in relation to which there is provision for conciliation, the regulations shall include provision-

(a) for requiring a copy of any such complaint, and a copy of any notice relating to it which is lodged by or on behalf of the employer against whom the complaint is made, to be sent to a conciliation officer ;

(b) for securing that the complainant and the employer against whom the complaint is made are notified that the services of a conciliation officer are available to them ; and

(c) for postponing the hearing of any such complaint for such period as may be determined in accordance with the regulations for the purpose of giving an opportunity for the complaint to be settled by way of conciliation and withdrawn.

(4) In relation to proceedings under section 67—

(a) where the employee has expressed a wish to be reinstated or re-engaged which has been communicated to the employer at least seven days before the hearing of the complaint; or

(b) where the proceedings arise out of the employer's failure to permit the employee to return to work after an absence due to pregnancy or confinement,

regulations shall include provision for requiring the employer to pay the costs or expenses of any postponement or adjournment of the hearing caused by his failure, without a special reason, to adduce reasonable evidence as to the availability of the job from which the complainant was dismissed, or, as the case may be, which she held before her absence, or of comparable or suitable employment.

(5) Without prejudice to paragraph 2, the regulations may enable an industrial tribunal to sit in private for the purpose of hearing evidence which in the opinion of the tribunal relates to matters of such a nature that it would be against the interests of national security to allow the evidence to be given in public or of hearing evidence from any person which in the opinion of the tribunal is likely to consist of—

(a) information which he could not disclose without contravening a prohibition imposed by or under any enactment; or

(b) any information which has been communicated to him in confidence, or which he has otherwise obtained in consequence of the confidence reposed in him by another person; or

(c) information the disclosure of which would, for reasons other than its effect on negotiations with respect to any of the matters mentioned in section 29(1) of the Trade Union and Labour Relations Act 1974 (matters to which trade disputes relate) cause substantial injury to any undertaking of his or in which he works.

(6) The regulations may include provision authorising or requiring an industrial tribunal, in circumstances specified in the regulations, to send notice or a copy of any document so specified relating to any proceedings before the tribunal, or of any decision, order or award of the tribunal, to any government department or other person or body so specified.

(7) Any person who without reasonable excuse fails to comply with any requirement imposed by the regulations by virtue of sub-paragraph (2)(d) or any requirement with respect to the discovery, recovery or inspection of documents so imposed by virtue of sub-paragraph (2)(e) shall be liable on summary conviction to a fine not exceeding £100.

National security

2

(1) If on a complaint under section 24 or 67 it is shown that the action complained of was taken for the purpose of safeguarding national security, the industrial tribunal shall dismiss the complaint.

(2) A certificate purporting to be signed by or on behalf of a Minister of the Crown, and certifying that the action specified in the certificate was taken for the purpose of safeguarding national security, shall for the purposes of sub-paragraph (1) be conclusive evidence of that fact.

Payment of certain sums into Redundancy Fund

3

Any sum recovered by the Secretary of State in pursuance of any such award as is mentioned in paragraph 1(2)(h) where the award was made in proceedings in pursuance of Part VI of this Act shall be paid into the Redundancy Fund.

Exclusion of Arbitration Act 1950

4

The Arbitration Act 1950 shall not apply to any proceedings before an industrial tribunal.

Presumption as to dismissal for redundancy

5

Where in accordance with the regulations an industrial tribunal determines in the same proceedings—

(a) a question referred to it under sections 81 to 102, and

(b) a complaint presented under section 67,

section 91(2) shall not have effect for the purposes of the proceedings in so far as they relate to the complaint under section 67.

Right of appearance

6

Any person may appear before an industrial tribunal in person or be represented by counsel or by a solicitor or by a representative of a trade union or an employers' association or by any other person whom he desires to represent him.

Recovery of sums awarded

7

(1) Any sum payable in pursuance of a decision of an industrial tribunal in England and Wales which has been registered in accordance with the regulations shall, if a county court so orders, be recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court.

(2) Any order for the payment of any sum made by an industrial tribunal in Scotland may be enforced in like manner as a recorded decree arbitral.

(3) In this paragraph any reference to a decision or order of an industrial tribunal— . .

(a) does not include a decision or order which cm being reviewed, has been revoked by the tribunal, and

(b) in relation to a decision or order which, on being reviewed, has been varied by the tribunal, shall be construed as a reference to the decision or order as so varied.

Constitution of tribunals for certain cases

8

An industrial tribunal hearing an application under section 77 or 79 may consist of a President of Industrial Tribunals, the chairman of the tribunal or a member of a panel of chairmen of such tribunals for the time being nominated by a President to hear such applications.

Remuneration for presidents and full-time chairmen of industrial tribunals

9

The Secretary of State may pay such remuneration as he may with the consent of the Minister for the Civil Service determine to the President of the Industrial Tribunals (England and Wales), the President of the Industrial Tribunals (Scotland) and any person who is a member on a full-time basis of a panel of chairmen of tribunals which is appointed in accordance with regulations under subsection (1) of section 128.

Remuneration etc. for members of industrial tribunals and for assessors and other persons

10

The Secretary of State may pay to members of industrial tribunals and to any assessors appointed for the purposes of proceedings before industrial tribunals such fees and allowances as he may with the consent of the Minister for the Civil Service determine and may pay to any other persons such allowances as he may with the consent of that Minister determine for the purposes of, or in connection with, their attendance at industrial tribunals.

Pensions for full-time presidents or chairmen of industrial tribunals

11

(1) The Secretary of State may from time to time make to the Minister for the Civil Service, as respects any holder on a full-time basis of any of the following offices established by regulations under section 128 who is remunerated, apart from any allowances, on an annual basis, namely—

(a) President of the Industrial Tribunals (England and Wales);

(b) President of the Industrial Tribunals (Scotland);

a recommendation that the Minister shall pay to that holder (hereafter in this paragraph referred to as " the pensioner ") out of moneys provided by Parliament an annual sum by way of superannuation allowance calculated in accordance with sub-paragraph (3).

(2) No such allowance shall be payable unless—

(a) the pensioner is at the time of his retirement over the age of seventy-two or, where he retires after fifteen years service, over the age of sixty-five ; or

(b) the Secretary of State is satisfied by means of a medical certificate that at the time of the pensioner's retirement the pensioner is, by reason of infirmity of mind or body, incapable of discharging the duties of his office and that the incapacity is likely to be permanent.

(3) The said annual sum shall be a sum not exceeding such proportion of the pensioner's last annual remuneration (apart from any allowances) as in the following Table corresponds with the number of the pensioner's completed years of relevant service.

Years of service	Fraction of remuneration
Less than 5	six-fortieths
5	ten-fortieths
6	eleven-fortieths
7	twelve-fortieths
8	thirteen-fortieths
9	fourteen-fortieths
10	fifteen-fortieths
11	sixteen-fortieths
12	seventeen-fortieths
13	eighteen-fortieths
14	nineteen-fortieths
15 or more	twenty-fortieths

(4) In this paragraph the expression "relevant service" means service on a full-time basis as holder of any of the offices referred to in sub-paragraph (1) (including such service remunerated otherwise than on an annual basis) of service in any such other capacity under the Crown as may be prescribed by regulations made by the Minister for the Civil Service; and regulations under this sub-paragraph—

(a) may be made generally or subject to specified exceptions or in relation to specified cases or classes of case and may make different provision for different cases or classes of cases; and

(b) may provide that in calculating relevant service either the whole of a person's prescribed service of any description shall be taken into account or such part thereof only as may be determined by or under the regulations.

(5) The decision of the Minister shall be final on any question arising as to—

(a) the amount of any superannuation allowance under sub-paragraph (1); or

(b) the reckoning of any service for the purpose of calculating such an allowance.

(6) Sections 2 to 8 of the Administration of Justice (Pensions) Act 1950 (which provide for the payment of lump sums on retirement or death and of widows' and children's pensions in the case of persons eligible for pensions for service in any of the capacities listed m Schedule 1 to that Act) shall have effect as if—

(a) the capacity of holder on a full-time basis of any of the offices referred to in sub-paragraph (1) were listed in the said Schedule 1 ; and

(b) in relation to that capacity the expression " relevant service " in the said sections 2 to 8 had the meaning assigned by sub-paragraph (4); and

(c) in relation to such a holder of such an office, any reference in the said section 2 to his last annual salary were a reference to his last annual remuneration apart from any allowances.

(7) Where the rate of the superannuation allowance payable to any person under sub-paragraph (1) is or would be increased by virtue of regulations made under sub-paragraph (4) in respect of relevant service in some capacity other than as holder of one of the offices referred to in sub-paragraph (1), and a pension payable to him wholly in respect of service in that other capacity would have been paid and borne otherwise than out of moneys provided by Parliament, any pension benefits paid to or in respect of him as having been the holder of such an office shall, to such extent as the Minister for the Civil Service may determine, having regard to the relative length of service and rate of remuneration in each capacity, be paid and borne in like manner as that in which a pension payable to him wholly in respect of service in that other capacity would have been paid and borne.

(8) In this paragraph the expression " pension" includes any superannuation or other retiring allowance or gratuity, and the expression " pensionable " shall be construed accordingly, and the expression " pension benefits" includes benefits payable to or in respect of the pensioner by virtue of sub-paragraph (6).

SCHEDULE 10

1

Regulations under section 37 of the Coal Industry Nationalisation Act 1946.

2

Regulations under section 67 of the National Insurance Act 1946.

3

Regulations under section 68 of the National Health Service Act 1946, and orders under section 11(9) or section 31(5) of that Act

4

Regulations under section 67 of the National Health Service (Scotland) Act 1947.

5

Regulations under Schedule 5 to the Fire Services Act 1947.

6

Regulations under section 101 of the Transport Act 1947.

7

Subsections (3) and (5) of section 54 of the Electricity Act 1947, and regulations under section 55 of that Act or under that section as applied by section 27 of the Electricity Act 1957.

8

Regulations under section 140 of the Local Government Act 1948, and such regulations as applied by any local Act, whether passed before or after this Act.

9

Regulations under subsection (1) or subsection (2) of section 60 of the National Assistance Act 1948.

10

Rules under section 3 of the Superannuation (Miscellaneous Provisions) Act 1948.

11

Subsections (3) and (5) of section 58 of the Gas Act 1948, and regulations under section 60 of that Act

12

Subsection (4) of section 6 of the Commonwealth Telegraphs Act 1949 and regulations under that section.

13

Regulations under section 25 of the Prevention of Damage by Pests Act 1949.

14

Regulations under section 42 of the Justices of the Peace Act 1949.

15

Regulations under section 27 or section 28 of the Transport Act 1953.

16

Regulations under section 24 of the Iron and Steel Act 1953.

17

Regulations under section 12 of the Electricity Reorganisation (Scotland) Act 1954.

18

Orders under section 23 of the Local Government Act 1958 and regulations under section 60 of that Act.

19

Regulations under section 1 of the Water Officers Compensation Act 1960.

20

Regulations under section 18(6) of the Land Drainage Act 1961.

21

Subsection (6) of section 74 of the Transport Act 1962 and orders under that section, regulations under section 81 of that Act, and paragraph 17(3) of Schedule 7 to that Act.

22

Orders under section 84 of the London Government Act 1963 and regulations under section 85 of that Act

23

Regulations under section 106 of the Water Resources Act 1963.

SCHEDULE 11

PART I — Provisions as to Membership, Sittings, Proceedings and Powers

Tenure of office of appointed members of Appeal Tribunal

1

Subject to paragraphs 2 and 3, a member of the Appeal Tribunal appointed by Her Majesty under section 135(2)(c) (in this Schedule referred to as an " appointed member") shall hold and vacate office as such a member in accordance with the terms of his appointment.

2

An appointed member may at any time resign his membership by notice in writing addressed to the Lord Chancellor and the Secretary of State.

3

(1) If the Lord Chancellor, after consultation with the Secretary of State, is satisfied that an appointed member

(a) has been absent from sittings of the Appeal Tribunal for a period longer than six consecutive months without the permission of the President of the Tribunal; or

(b) has become bankrupt or made an arrangement with his creditors; or

(d) is otherwise unable or unfit to discharge the functions of a member;

the Lord Chancellor may declare his office as a member to be vacant and shall notify the declaration in such manner as the Lord Chancellor thinks fit; and thereupon the office shall become vacant

(2) In the application of this paragraph to Scotland for the references in sub-paragraph (1)(b) to a member's having become bankrupt and to a member's having made an arrangement with his creditors there shall be substituted respectively references to a member's estate having been sequestrated and to a member's having made a trust deed for behoof of his creditors or a composition contract

Temporary membership of Appeal Tribunal

4

At any time when the office of President of the Appeal Tribunal is vacant, or the person holding that office is temporarily absent or otherwise unable to act as President of the Tribunal, the Lord Chancellor may nominate another judge nominated under section 135(2)(a) to act temporarily in his place.

5

At any time when a judge of the Appeal Tribunal nominated by the Lord Chancellor is temporarily absent or otherwise unable to act as a judge of that Tribunal, the Lord Chancellor may nominate another person who is qualified to be nominated under section 135(2)(a) to act temporarily in his place.

6

At any time when a judge of the Appeal Tribunal nominated by the Lord President of the Court of Session is temporarily absent or otherwise unable to act as a judge of the Appeal Tribunal, the Lord President may nominate another judge of the Court of Session to act temporarily m his place.

7

At any time when an appointed member is temporarily absent or otherwise unable to act as a member of the Appeal Tribunal the Lord Chancellor and the Secretary of State may jointly appoint a person appearing to them to have the qualifications for appointment as such a member to act temporarily in his place.

8

(1) At any time when it appears to the Lord Chancellor that it is expedient to do so in order to facilitate in England and Wales the disposal of business in the Appeal Tribunal, he may appoint a qualified person to be a temporary additional judge of the Tribunal during such period or on such occasions as the Lord Chancellor thinks fit.

(2) In this paragraph " qualified person " means a person qualified for appointment as a puisne judge of the High Court under section 9 of the Supreme Court of Judicature (Consolidation) Act 1925 or any person who has held office as a judge of the Court of Appeal or of the High Court.

9

A person appointed to act temporarily in place of the President or any other member of the Appeal Tribunal shall, when so acting, have all the functions of the person in whose place he acts.

10

A person appointed to be a temporary additional judge of the Appeal Tribunal shall have all the functions of a judge nominated under section 135(2)(a).

11

No judge shall be nominated under paragraph 5 or 6 except with his consent.

Organisation and sittings of Appeal Tribunal

12

The Appeal Tribunal shall be a superior court of record and shall have an official seal which shall be judicially noticed.

13

The Appeal Tribunal shall have a central office in London.

14

The Appeal Tribunal may sit at any time and in any place in Great Britain.

15

The Appeal Tribunal may sit, in accordance with directions given by the President of the Tribunal, either as a single tribunal or in two or more divisions concurrently.

16

With the consent of the parties to any proceedings before the Appeal Tribunal, the proceedings may be heard by a judge and one appointed member, but, in default of such consent, any proceedings before the Tribunal shall be heard by a judge and either two or four appointed members, so that in either case there are equal number of persons whose experience is as representatives of employers and whose experience is as representatives of workers.

Rules

17

(1) The Lord Chancellor, after consultation with the Lord President of the Court of Session, shall make rules with respect to proceedings before the Appeal Tribunal.

(2) Subject to those rules, the Tribunal shall have power to regulate its own procedure.

18

Without prejudice to the generality of paragraph 17 the rules may include provision—

(a) with respect to the manner in which an appeal may be brought and the time within which it may be brought;

(b) for requiring persons to attend to give evidence and produce documents, and for authorising the administration of oaths to witnesses;

(c) enabling the Appeal Tribunal to sit in private for the purpose of hearing evidence to hear which an industrial tribunal may sit in private by virtue of paragraph 1 of Schedule 9.

19

(1) Without prejudice to the generality of paragraph 17 the rules may empower the Appeal Tribunal to order a party to any proceedings before the Tribunal to pay to any other party to the proceedings the whole or part of the costs or expenses incurred by that other party in connection with the proceedings, where in the opinion of the Tribunal—

(a) the proceedings were unnecessary, improper or vexatious, or

(b) there has been unreasonable delay or other unreasonable conduct in bringing or conducting the proceedings.

(2) Except as provided by sub-paragraph (1), the rules shall not enable the Appeal Tribunal to order the payment of costs or expenses by any party to proceedings before the Tribunal.

20

Any person may appear before the Appeal Tribunal in person or be represented by counsel or by a solicitor or by a representative of a trade union or an employers' association or by any other person whom he desires to represent him.

Powers of Tribunal

21

(1) For the purpose of disposing of an appeal the Appeal Tribunal may exercise any powers of the body or officer from whom the appeal was brought or may remit the case to that body or officer.

(2) Any decision or award of the Appeal Tribunal on an appeal shall have the same effect and may be enforced in the same manner as a decision or award of a body or officer from whom the appeal was brought.

22

(1) The Appeal Tribunal shall, in relation to the attendance and examination of witnesses, the production and inspection of documents and all other matters incidental to its jurisdiction, have the like powers, rights, privileges and authority—

(a) in England and Wales, as the High Court,

(b) in Scotland, as the Court of Session.

(2) No person shall be punished for contempt of the Tribunal except by, or with the consent of, a judge.

23

(1) In relation to any fine imposed by the Appeal Tribunal for contempt of the Tribunal section 14 of the Criminal Justice Act 1948 and section 47 of the Criminal Justice Act 1967 (which relate to fines imposed and recognizances forfeited at certain courts) shall have effect as if m those provisions any reference to the Crown Court included a reference to the Tribunal.

(2) A magistrates' court shall not remit the whole or any part of a fine imposed by the Appeal Tribunal except with the consent of a judge who is a member of the Tribunal.

(3) This paragraph does not extend to Scotland.

Staff

24

The Secretary of State may appoint such officers and servants of the Appeal Tribunal as he may determine, subject to the approval of the Minister for the Civil Service as to numbers and as to terms and conditions of service.

PART II — Supplementary

Remuneration and allowances

25

The Secretary of State shall pay the appointed members of the Appeal Tribunal, the persons appointed to act temporarily as appointed members, and the officers and servants of the Tribunal such remuneration and such travelling and other allowances as he may with the approval of the Minister for the Civil Service determine

26

A person appointed to be a temporary additional judge of the Appeal Tribunal shall be paid such remuneration and allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.

Pensions, etc.

27

If the Secretary of State determines, with the approval of the Minister for the Civil Service, that this paragraph shall apply in the case of an appointed member, the Secretary of State shall pay such pension, allowance or gratuity to or in respect of that member on his retirement or death or make that member such payments towards the provision of such a pension, allowance or gratuity as the Secretary of State may with the like approval determine.

28

Where a person ceases to be an appointed member otherwise than on his retirement or death and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Secretary of State may make him a payment of such amount as the Secretary of State may, with the approval of the Minister for the Civil Service, determine.

SCHEDULE 12

PART I — General

Introductory

1

In this Schedule " the relevant provisions " means Part I (so far as it relates to itemised pay statements), section 53 and Parts II, III, V, VI and VII of this Act and this Schedule.

Institution or continuance of tribunal proceedings

2

Where an employee or employer has died, tribunal proceedings arising under any of the relevant provisions may be instituted or continued by a personal representative of the deceased employee or, as the case may be, defended by a personal representative of the deceased employer.

3

(1) If there is no personal representative of a deceased employee, tribunal proceedings arising under any of the relevant provisions (or proceedings to enforce a tribunal award made in any such proceedings) may be instituted or continued on behalf of the estate of the deceased employee by such other person as the industrial tribunal may appoint being either—

(a) a person authorised by the employee to act in connection with the proceedings before the employee's death; or

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

and references in this Schedule to a personal representative shall be construed as including such a person.

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