Employment Protection (Consolidation) Act 1978

• (2) In such a case any award made by the industrial tribunal shall be in such terms and shall be enforceable in such manner as may be provided by regulations made by the Secretary of State.

4

• (1) Subject to any specific provision of this Schedule to the contrary, in relation to an employee or employer who has died—

• (a) any reference in the relevant provisions to the doing of anything by or in relation to an employee or employer shall be construed as including a reference to the doing of that thing by or in relation to any personal representative of the deceased employee or employer; and

• (b) any reference in the said provisions to a thing required or authorised to be done by or in relation to an employee or employer shall be construed as including a reference to any thing which, in accordance with any such provision as modified by this Schedule (including sub-paragraph (a)), is required or authorised to be done by or in relation to any personal representative of the deceased employee or employer.

• (2) Nothing in this paragraph shall prevent references in the relevant provisions to a successor of an employer from including a personal representative of a deceased employer.

Rights and liabilities accruing after death

5

Any right arising under any of the relevant provisions as modified by this Schedule shall, if it had not accrued before the death accrued before the death of the employer in question, nevertheless devolve as if it had so accrued.

6

Where by virtue of any of the relevant Provisions as modified by this Schedule a personal representative of a deceased employer is liable to pay any amount and that liability had not accrued before the death of the employer, it shall be treated for all purposes as if it were a liability of the deceased employer which had accrued immediately before the death.

PART II — Unfair Dismissal

Introductory

7

In this Part of this Schedule "the unfair dismissal provisions" means Part V of this Act and this Schedule.

Death during notice period

8

Where an employer has given notice to an employee to terminate his contract of employment and before that termination the employee or the employer dies, the unfair dismissal provisions shall apply as if the contract had been duly terminated by the employer by notice expiring on the date of the death.

9

Where the employee's contract of employment has been terminated by the employer and by virtue of section 55(5) a date later than the effective date of termination as defined by subsection (4) of that section is to be treated as the effective date of termination for the purposes of certain of the unfair dismissal provisions, and before that later date the employee or the employer dies, section 55(5) shall have effect as if the notice referred to in that subsection as required to be given by the employer would have expired on the date of the death.

Remedies for unfair dismissal

10

Where an employee has died, then, unless an order for reinstatement or re-engagement has already been made, section 69 shall not apply; and accordingly if the industrial tribunal finds that the grounds of the complaint are well-founded the case shall be treated as falling within section 68(2) as a case in which no order is made under section 69.

11

If an order for reinstatement or re-engagement has been made and the employee dies before the order is complied with—

• (a) if the employer has before the death refused to reinstate or re-engage the employee in accordance with the order, section 71(2) and (3) shall apply and an award shall be made under section 71(2)(6) unless the employer satisfies the tribunal that it was not practicable at the tune of the refusal to comply with the order;

• (b) if there has been no such refusal, section 71(1) shall apply if the employer fails to comply with any ancillary terms of the order which remain capable of fulfilment after the employee's death as it would apply to such a failure to comply fully with the terms of an order where the employee had been reinstated or re-engaged.

PART III — Redundancy Payments: Death of Employer

Introductory

12

The provisions of this Part shall have effect in relation to an employee where his employer (in this Part referred to as the deceased employer ") dies.

13

Section 94 shall not apply to any change whereby the ownership of the business, for the purposes of which the employee was employed by the deceased employer, passes to a personal representative of the deceased employer.

Dismissal

14

Where by virtue of subsection (1) of section 93 the death of the deceased employer is to be treated for the purposes of Part VI of this Act as a termination by him of the contract of employment, section 84 shall have effect subject to the following modifications: —

• (a) for subsection (1) there shall be substituted the following subsection—

(1) If an employee's contract of employment is renewed, or he is re-engaged under a new contract of employment, by a personal representative of the deceased employer and the renewal or re-engagement takes effect not later than eight weeks after the death of the deceased employer, then, subject to subsections (3) and (6), the employee shall not be regarded as having been dismissed by reason of the ending of his employment under the previous contract.

;

• (b) in subsection (2), paragraph (a) shall be omitted and in paragraph (b) for the words " four weeks " there shall be substituted the words " eight weeks ";

• (c) in subsections (5) and (6), references to the employer shall be construed as references to the personal representative of the deceased employer.

15

Where by reason of the death of the deceased employer the employee is treated for the purposes of Part VI of this Act as having been dismissed by him, section 82 shall have effect subject to the following modifications—

• (a) for subsection (3) there shall be substituted the following subsection—

(3) If a personal representative of the deceased employer makes an employee an offer (whether in writing or not) to renew his contract of employment, or to reengage him under a new contract of employment, so that the renewal or re-engagement would take effect not later than eight weeks after the death of the deceased employer the provisions of subsections (5) and (6) shall have effect.

;

• (b) in subsection (4), paragraph (a) shall be omitted and in paragraph (b) for the words " four weeks " there shall be substituted the words " eight weeks ";

• (c) in subsection (5), the reference to the employer shall be construed as a reference to the personal representative of the deceased employer.

16

For the purposes of section 82 as modified by paragraph 15—

• (a) an offer shall not be treated as one whereby the provisions of the contract as renewed, or of the new contract, as the case may be, would differ from the corresponding provisions of the contract as in force immediately before the death of the deceased employer by reason only that the personal representative would be substituted as the employer for the deceased employer, and

• (b) no account shall be taken of that substitution in determining whether the refusal of the offer was unreasonable, or, as the case may be, whether the employee acted reasonably in terminating the renewed, or new, employment during the trial period referred to in section 84.

Lay-off and short-time

17

Where the employee has before the death of the deceased employer been laid off or kept on short-time for one or more weeks, but has not given to the deceased employer notice of intention to claim, then if after the death of the deceased employer—

• (a) his contract of employment is renewed, or he is re-engaged under a new contract by a personal representative of the deceased employer, and

• (b) after the renewal or re-engagement, he is laid off or kept on short-time for one or more weeks by the personal representative of the deceased employer,

the provisions of sections 88 and 89 shall apply as if the week in which the deceased employer died and the first week of the employee's employment by the personal representative were consecutive weeks, and any reference in those sections to four weeks or thirteen weeks shall be construed accordingly.

18

The provisions of paragraph 19 or (as the case may be) paragraph 20 shall have effect where the employee has given to the deceased employer notice of intention to claim, and—

• (a) the deceased employer has died before the end of the next four weeks after the service of that notice, and

• (b) the employee has not terminated the contract of employment by notice expiring before the death of the deceased employer.

19

If in the circumstances specified in paragraph IS the employee's contract of employment is not renewed by a personal representative of the deceased employer before the end of the next four weeks after the service of the notice of intention to claim,

and he is not re-engaged under a new contract by such a personal representative before the end of those four weeks, section 88(1) and (2) and (in relation to subsection (1) of that section) section 89(2) and (3) shall apply as if—

• (a) the deceased employer had not died, and

• (b) the employee had terminated the contract of employment by a week's notice (or, if under the contract he is required to give more than a week's notice to terminate the contract, he had terminated it by the minimum notice which he is so required to give) expiring at the end of those four weeks,

but sections 88(3) and (4) and 89(1) and (4) shall not apply.

20

• (1) The provisions of this paragraph shall have effect where, in the circumstances specified in paragraph 18, the employee's contract of employment is renewed by a personal representative of the deceased employer before the end of the next four weeks after the service of the notice of intention to claim, or he is re-engaged under a new contract by such a personal representative before the end of those four weeks, and—

• (a) he was laid off or kept on short-time by the deceased employer for one or more of those weeks, and

• (b) he 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.

• (2) Where the conditions specified in sub-paragraph (1) are fulfilled sections 88 and 89 shall apply as if—

• (a) all the weeks for which the employee was laid off or kept on short-time as mentioned in sub-paragraph (1) were consecutive weeks during which he was employed (but laid off or kept on short-time) by the same employer, and

• (b) each of the periods specified in paragraphs (a) and (b) of subsection (5) of section 89 were extended by any week or weeks any part of which was after the death of the deceased employer and before the date on which the renewal or re-engagement took effect.

Continuity of period of employment

21

For the purpose of the application, in accordance with section 100 1), of any provisions of Part VI of this Act in relation to an employed as a domestic servant in a private household, any reference to a personal representative in—

• (a) this Part of this Schedule, or

• (b) paragraph 17 of Schedule 13,

shall be construed as including a reference to any person to whom otherwise than m pursuance of a sale or other disposition for valuable consideration, the management of the household has passed in consequence of the death of the deceased employer.

PART IV — Redundancy Payments : Death of Employee

22

• (1) Where an employer has given notice to an employee to terminate his contract of employment, and before that notice expires the employee dies, the provisions of Part VI of this Act shall apply as if the contract had been duly terminated by the employer by notice expiring on the date of the employee's death.

• (2) Where the employee's contract of employment has been terminated by the employer and by virtue of section 90(3) a date later than the relevant date as defined by subsection (1) of that section is to be treated as the relevant date for the purposes of certain provisions of Part VI of this Act, and before that later date the employee dies, section 90(3) shall have effect as if the notice referred to in that subsection as required to be given by an employer would have expired on the employee's death.

23

• (1) Where 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, then if—

• (a) the employee dies without having either accepted or refused the offer, and

• (b) the offer has not been withdrawn before his death,

section 82 shall apply as if for the words " the employee unreasonably refuses " there were substituted the words " it would have been unreasonable on the part of the employee to refuse ".

• (2) Where an employee's contract of employment has been renewed, or he has been re-engaged under a new contract of employment, and during the trial period the employee dies without paying terminated or having given notice to terminate the contract subsection (6) or that section shall apply as if for the words from "and during the trial period" to "terminated" there were substituted the words " and it would have been unreasonable for the employee, during the trial period referred to in section 84, to terminate or give notice to terminate the contract .

24

Where an employee's contract of employment has been renewed, or he has been re-engaged under a new contract of employment, and during the trial period he gives notice to terminate the contract but dies before the expiry of the notice had expired and the contract had thereby been terminated on the date of the employee's death.

25

• (1) Where in the circumstances specified in paragraphs (a) and (b) of subsection (1) of section 85, the employee dies before the notice given by him under paragraph (b) of that subsection is due to expire and before the employer has given him notice under subsection (3) of that section, subsection (4) of that section shall apply as if the employer had given him such notice and he had not complied with it.

• (2) Where, in the said circumstances, the employee dies before his notice given under section 85(1)(b) is due to expire but after the employer has given him notice under subsection (3) of section 85, subsections (3) and (4) of that section shall apply as if the circumstances were that the employee had not died, but did not comply with the last-mentioned notice.

26

• (1) Where an employee has given notice of intention to claim and dies before he has given notice to terminate his contract of employment and before the period allowed for the purposes of subsection (2)(a) of section 88 has expired, the said subsection (2)(a) shall not apply.

• (2) Where an employee, who has given notice of intention to claim, dies within seven days after the service of that notice, and before the employer has given a counter-notice, the provisions of sections 88 and 89 shall apply as if the employer had given a counter-notice within those seven days.

• (3) In this paragraph " counter-notice" has the same meaning as in section 89(1).

27

• (1) In relation to the making of a claim by a personal representative of a deceased employee who dies before the end of the period of six months beginning with the relevant date, subsection (1) of section 101 shall apply with the substitution for the words " six months " , of the words " one year ".

• (2) In relation to the making of a claim by a personal representative of a deceased employee who dies after the end of the period of six months beginning with the relevant date and before the end of the following period of six months, subsection (2) of section 101 shall apply with the substitution for the words " six months " , of the words " one year ".

28

In relation to any case where, under any provision contained in Part VI of this Act as modified by this Schedule, an industrial tribunal has power to determine that an employer shall be liable to pay to a personal representative of a deceased employee either—

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

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

any reference in paragraph 5 to a right shall be construed as including a reference to any right to receive the whole or part of a redundancy payment if the tribunal determines that the employer shall be liable to pay it.

SCHEDULE 13

Preliminary

1

• (1) Where an employee's period of employment is, for the purposes of any enactment (including any enactment contained in this Act), to be computed in accordance with this Schedule, it shall be computed in weeks, and in any such enactment which refers to a period of employment expressed in years, a year means fifty-two weeks (whether continuous or discontinuous) which count in computing a period of employment.

• (2) For the purpose of computing an employee's period of employment (but not for any other purpose), the provisions of this Schedule apply, subject to paragraph 14, to a period of employment notwithstanding that during that period the employee was engaged in work wholly or mainly outside Great Britain or was excluded by or under this Act from any right conferred by this Act.

2

Except so far as otherwise provided by the following provisions of this Schedule, any week which does not count under paragraphs 3 to 13 breaks the continuity of the period of employment.

Normal working weeks

3

Any week in which the employee is employed for sixteen hours or more shall count in computing a period of employment.

Employment governed by contract

4

Any week during the whole or part of which the employee's relations with the employer are governed by a contract of employment which normally involves employment for sixteen hours or more weekly shall count in computing a period of employment.

5

• (1) 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 and, but for that change, the later weeks would count in computing a period of employment, or would not break the continuity of a period of employment, then those later weeks shall count in computing a period of employment or, as the case may be, shall not break the continuity of a period of employment, notwithstanding that change.

• (2) Not more than twenty-six weeks shall count under this paragraph between any two periods falling under paragraph 4, and in computing the said figure of twenty-six weeks no account shall be taken of any week which counts in computing a period of employment, or does not break the continuity of a period of employment, otherwise than by virtue of this paragraph.

6

• (1) An employee whose relations with his employer are governed, or have been from time to time 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 satisfies the condition referred to in sub-paragraph (2), be treated for the purposes of this Schedule (apart from this paragraph) as if his contract normally involved employment fourteen hours or more weekly, and had at all times at which there was a contract during the period of employment of five years or more referred to in sub-paragraph (2) normally involved employment for sixteen hours or more weekly.

• (2) Sub-paragraph (1) shall apply if the employee, on the date by reference to which the length of any period of employment falls to be ascertained in accordance with the provisions of this Schedule, has been continuously employed within the meaning of sub-paragraph (3) for a period of five years or more.

• (3) In computing for the purposes of sub-paragraph (2) an employee's period of employment, the provisions of this Schedule (apart from this paragraph) shall apply but as if, in paragraphs 3 and 4, for the words " sixteen hours" wherever they occur, there were substituted the words " eight hours ".

7

• (1) If an employee has, at any time during the relevant period of employment, been continuously employed for a period which qualifies him for any right which requires a qualifying period of continuous employment computed in accordance with this Schedule, then he shall be regarded for the purposes of qualifying for that right as continuing to satisfy that requirement until the condition referred to in sub-paragraph (3) occurs.

• (2) In this paragraph the relevant period of employment means the period of employment ending on the date by reference to which the length of any period of employment falls to be ascertained which would be continuous (in accordance with the provisions of this Schedule) if at all relevant times the employee's relations with the employer had been governed by a contract of employment which normally involved employment for sixteen hours or more weekly.

• (3) The condition which defeats the operation of sub-paragraph (1) is that in a week subsequent to the time at which the employee qualified as referred to in that sub-paragraph—

• (a) his relations with his employer are governed by a contract of employment which normally involves employment for less than eight hours weekly ; and

• (b) he is employed in that week for less than sixteen hours.

• (4) If, in a case in which an employee is entitled to any right by virtue of sub-paragraph (1), it is necessary for the purpose of ascertaining the amount of his entitlement to determine for what period he has been continuously employed, he shall be regarded for that purpose as having been continuously employed throughout the relevant period.

Orders under section 7

8

The foregoing provisions of this Schedule shall have effect subject to any order made under section 7 and an order under that section shall affect the operation of this Schedule as respects periods before the order takes effect as well as respects later periods.

Periods in which there is no contract of employment

9

• (1) If in any week the employee is, for the whole or part of the week—

• (a) incapable of work in consequence of sickness or injury, or

• (b) absent from work on account of a temporary cessation of work, or

• (c) absent from work in circumstances such that, by arrangement or custom, he is regarded as continuing in the employment of his employer for all or any purposes, or

• (d) absent from work wholly or partly because of pregnancy or confinement,

that week shall, notwithstanding that it does not fall under paragraph 3, 4 or 5, count as a period of employment.

• (2) Not more than twenty-six weeks shall count under paragraph (a) or, subject to paragraph 10, under paragraph (d) of sub-paragraph (1) between any periods falling under paragraph 3, 4 or 5.

Maternity

10

If an employee returns to work in accordance with section 47 after a period of absence from work wholly or partly occasioned by pregnancy or confinement, every week during that period shall count in computing a period of employment, notwithstanding that it does not fall under paragraph 3, 4 or 5.

Intervals in employment where section 55(5) or 84(1) or 90(3) applies

11

• (1) In ascertaining, for the purposes of section 64(1 )(a) and of section 73(3), the period for which an employee has been continuously employed, where by virtue of section 55(5) a date is treated as the effective date of termination which is later than the effective date of termination as defined by section 55(4), the period of the interval between those two dates shall count as a period of employment notwithstanding that it does not otherwise count under this Schedule.

• (2) Where by virtue of section 84(1) an employee is treated as not having been dismissed by reason of a renewal or re-engagement taking effect after an interval, then, in determining for the purposed of section 81(1) or Schedule 4 whether he has been continuously employed for the requisite period, the period of that interval shall count as a period of employment except in so far as it is to be disregarded under paragraphs 12 to 14 (notwithstanding that it does not otherwise count under this Schedule).

• (3) Where by virtue of section 90(3) a date is to be treated as the relevant date for the purposes of section 81(4) which is later than the relevant date as denned by section 90(1), then in determining for the purposes of section 81(1) or Schedule 4 whether the employee has been continuously employed for the requisite period, the period of the interval between those two dates shall count as a period of employment except in so far as it is to be disregarded under paragraphs 12 to 14 (notwithstanding that it does not otherwise count under this Schedule).

Payment of previous redundancy payment or equivalent payment

12

• (1) Where the conditions mentioned in sub-paragraph (2)(a) or (2)(b) are fulfilled in relation to a person, then in determining, for the purposes of section 81(1) or Schedule 4, whether at any subsequent time he has been continuously employed for the requisite period, or for what period he has been continuously employed, the continuity of the period of employment shall be treated as having been broken—

• (a) in so far as the employment was under a contract of employment, at the date which was the relevant date in relation to the payment mentioned in sub-paragraph (2)(a) or, as the case may be, sub-paragraph (2)(b); or

• (b) in so far as the employment was otherwise than under a contract of employment, at the date which would have been the relevant date in relation to that payment had the employment been under a contract of employment,

and accordingly no account shall be taken of any time before that date.

• (2) Sub-paragraph (1) has effect—

• (a) where—

• (i) a redundancy payment is paid to an employee, whether in respect of dismissal or in respect of lay-off or short-time ; and

• (ii) the contract of employment under which he was employed (in this section referred to as " the previous contract") is renewed, whether by the same or another employer, or he is re-engaged under a new contract of employment, whether by the same or another employer; and

• (iii) the circumstances of the renewal or re-engagement are such that, in determining for the purposes of section 81(1) or Schedule 4 whether at any subsequent time he has been continuously employed for the requisite period, or for what period he has been continuously employed, the continuity of his period of employment would, apart from this paragraph, be treated as not having been broken by the termination of the previous contract and the renewal or re-engagement; or

• (b) where—

• (i) a payment has been made, whether in respect of the termination of any person's employment or in respect of lay-off or short-time, either in accordance with any provisions of a scheme under section 1 of the Superannuation Act 1972 or in accordance with any such arrangements as are mentioned in section 111(3); and

• (ii) he commences new, or renewed, employment; and

• (iii) the circumstances of the commencement of the new, or renewed, employment are such that, in determining for the purposes of section 81(1) or Schedule 4 whether at any subsequent time he has been continuously employed for the requisite period, or for what period he has been continuously employed, the continuity of his period of employment would, apart from this paragraph, be treated as not having been broken by the termination of the previous employment and the commencement of the new, or renewed, employment.

• (3) For the purposes of this paragraph, a redundancy payment shall be treated as having been paid if—

• (a) the whole of the payment has been paid to the employee by the employer, or, in a case where a tribunal has determined that the employer is liable to pay part (but not the whole) of the redundancy payment, that part of the redundancy payment has been paid in full to the employee by the employer, or

• (b) the Secretary of State has paid a sum to the employee in respect of the redundancy payment under section 106.

Certain weeks of employment to be disregarded for purposes of Schedule 4

13

In ascertaining for the purposes of Schedule 4 the period for which an employee has been continuously employed, any week which began before he attained the age of eighteen shall not count under this Schedule.

Redundancy payments: employment wholly or partly abroad

14

• (1) In computing in relation to an employee the period specified in section 81(4) or the period specified in paragraph 1 of Schedule 4, a week of employment shall not count if—

• (a) the employee was employed outside Great Britain during the whole or part of that week, and

• (b) he was not during that week, or during the corresponding contribution week.—

• (i) where the week is a week of employment after 1st June 1976, an employed earner for the purposes of the Social Security Act 1975 in respect of whom a secondary Class 1 contribution was payable under that Act; or

• (ii) where the week is a week of employment after 6th April 1975 and before 1st June 1976, an employed earner for the purposes of the Social Security Act 1975 ; or (iii) where the week is a week of employment before 6th April 1975, an employee in respect of whom an employer's contribution was payable in respect of the corresponding contribution week ;

whether or not the contribution mentioned in paragraph (i) or (iii) of this sub-paragraph was in fact paid.

• (2) For the purposes of the application of sub-paragraph (1) to a week of employment where the corresponding contribution week began before 5th July 1948, an employer's contribution shall be treated as payable as mentioned in sub-paragraph (1) if such a contribution would have been so payable if the statutory provisions relating to national insurance which were in force on 5th July 1948 had been in force in that contribution week.

• (3) Where by virtue of sub-paragraph (1) a week of employment does not count in computing such a period as is mentioned in that sub-paragraph, the continuity of that period shall not be broken by reason only that that week of employment does not count in computing that period.

• (4) Any question arising under this paragraph whether—

• (a) an employer's contribution was or would have been payable, as mentioned in sub-paragraph (1) or (2), or

• (b) a person was an employed earner for the purposes of the Social Security Act 1975 and if so whether a secondary Class 1 contribution was payable in respect of him under that Act,

shall be determined by the Secretary of State; and any legislation (including regulations) as to the determination of questions which under that Act the Secretary of State is empowered to determine (including provisions as to the reference of questions for decision, or as to appeals, to the High Court or the Court of Session) shall apply to the determination of any question by the Secretary of State under this paragraph.

• (5) In this paragraph " employer's contribution" has the same meaning as in the National Insurance Act 1965, and " corresponding contribution week ", in relation to a week of employment, means a contribution week (within the meaning of the said Act of 1965) of which so much as falls within the period beginning with midnight between Sunday and Monday and ending with Saturday also falls within that week of employment.

• (6) The provisions of this paragraph shall not apply in relation to a person who is employed as a master or seaman in a British ship and is ordinarily resident in Great Britain.

Industrial disputes

15

• (1) A week shall not count under paragraph 3, 4, 5, 9 or 10 if in that week, or any part of that week, the employee takes part in a strike.

• (2) The continuity of an employee's period of employment is not broken by a week which does not count under this Schedule, and which begins after 5th July 1964 if in that week, or any part of that week, the employee takes part in a strike.

• (3) Sub-paragraph (2) applies whether or not the week would, apart from sub-paragraph (1), have counted under this Schedule.

• (4) The continuity of the period of employment is not broken by a week which begins after 5th July 1964 and which does not count under this Schedule, if in that week, or any part of that week, the employee is absent from work because of a lock-out by the employer.

Reinstatement after service with the armed forces, etc.

16

• (1) If a person who is entitled to apply to his former employer under Part II of the National Service Act 1948 (reinstatement in civil employment) enters the employment of that employer not later than the end of the six month period mentioned in section 35(2)(b) of that Act, his previous period of employment with that employer (or if there was more than one such period, the last of those periods) and the period of employment beginning in the said period of six months shall be treated as continuous.

• (2) The reference in this paragraph to Part II of the National Service Act 1948 includes a reference to that Part of that Act as amended, applied or extended by any other Act passed before or after this Act.

Change of employer

17

• (1) Subject to this paragraph and paragraph 18, the foregoing provisions of this Schedule relate only to employment by the one employer.

• (2) If a trade or business or an undertaking (whether or not it be an undertaking established by or under an Act of Parliament) is transferred from one person to another, the period of employment of an employee in the trade or business or undertaking at the time of the transfer shall count as a period of employment with the transferee, and the transfer shall not break the continuity of the period of employment.

• (3) If by or under an Act of Parliament, whether public or local and whether passed before or after this Act, a contract of employment between any body corporate and an employee is modified and some other body corporate is substituted as the employer, the employee's period of employment at the time when the modification takes effect shall count as a period of employment with the second-mentioned body corporate, and the change of employer shall not break the continuity of the period of employment.

• (4) If on the death of an employer the employee is taken into the employment of the personal representatives or trustees of the deceased, the employee's period of employment at the time of the death shall count as a period of employment with the employer's personal representatives or trustees, and the death shall not break the continuity of the period of employment.

• (5) If there is a change in the partners, personal representatives or trustees who employ any person, the employee's period of employment at the time of the change shall count as a period of employment with the partners, personal representatives or trustees after die change, and the change shall not break the continuity of the period of employment.

18

If an employee of an employer is taken into the employment of another employer who, at the time when the employee enters his employment is an associated employer of the first-mentioned employer, the employee's period of employment at that time shall count as a period of employment with the second-mentioned employer and the change of employer shall not break the continuity of the period of employment

Crown employment

19

• (1) Subject to the following provisions of this paragraph, the provisions of this Schedule shall have effect (for the purpose of computing an employee's period of employment, but not for any other purpose) in relation to Crown employment and to persons in Crown employment as they have effect in relation to other employment and to other employees, and accordingly, except where the context otherwise requires, references to an employer shall be construed as including a reference to the Crown.

• (2) In this paragraph, subject to sub-paragraph (3), "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 any enactment.

• (3) This paragraph does not apply to service as a member of the naval, military or air forces of the Crown, or of any women's service administered by the Defence Council, but does apply to employment by any association established for the purposes of the Auxiliary Forces Act 1953.

• (4) In so far as a person in Crown employment is employed otherwise than under a contract of employment, references in this Schedule to an employee's relations with his employer being governed by a contract of employment which normally involves employment for a certain number of hours weekly shall be modified accordingly.

• (5) The reference in paragraph 17(2) to an undertaking shall be construed as including a reference to any function of (as the case may require) a Minister of the Crown, a government department, or any other officer or body performing functions on behalf of the Crown.

Reinstatement or re-engagement of dismissed employee

20

• (1) Regulations made by the Secretary of State may make provision—

• (a) for preserving the continuity of a person's period of employment for the purposes of this Schedule or for the purposes of this Schedule as applied by or under any other enactment specified in the regulations, or

• (b) for modifying or excluding the operation of paragraph 12 subject to the recovery of any such payment as is mentioned in sub-paragraph (2) of that paragraph,

in cases where, in consequence of action to which sub-paragraph (2) applies, a dismissed employee is reinstated or re-engaged by his employer or by a successor or associated employer of that employer.

• (2) This sub-paragraph applies to any action taken in relation to the dismissal of an employee which consists—

• (a) of the presentation by him of a complaint under section 67, or

• (b) of his making a claim in accordance with a dismissal procedures agreement designated by an order under section 65, or

• (c) of any action taken by a conciliation officer under section 134(3).

Employment before the commencement of Act

21

Save as otherwise expressly provided, the provisions of this Schedule apply to periods before it comes into force as they apply to later periods.

22

If, in any week beginning before 6th July 1964, the employee was, for the whole or any part of the week, absent from work—

• (a) because he was taking part in a strike, or

• (b) because of a lock-out by the employer,

the week shall count as a period of employment.

23

Without prejudice to the foregoing provisions of this Schedule, any week which counted as a period of employment in the computation of a period of employment in accordance with the Contracts of Employment Act 1972 whether for the purposes of that Act, the Redundancy Payments Act 1965, the Trade Union and Labour Relations Act 1974 or the Employment Protection Act 1975, shall count as a period of employment for the purposes of this Act, and any week which did not break the continuity of a person's employment for the purposes of those Acts shall not break the continuity of a period of employment for the purposes of this Act.

Interpretation

24

• (1) In this Schedule, unless the context otherwise requires.—

• " lock-out " means the closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed byhimin consequence of a dispute, done with a view to compelling those persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment;

• " strike " means the cessation of work by a body of persons employed acting in combination, or a concerted refusal or a refusal under a common understanding of any number of persons employed to continue to work for an employer in consequence of a dispute, done as a means of compelling their employer or any person or body of persons employed, or to aid other employees in compelling their employer or any person or body of persons employed, to accept or not to accept terms or conditions of or affecting employment;

• " week " means a week ending with Saturday.

• (2) For the purposes of this Schedule the hours of employment of an employee who is required by the terms of his employment to live on the premises where he works shall be the hours during which he is on duty or during which his services may be required.

SCHEDULE 14

PART I — Normal Working Hours

1

For the purposes of this Schedule the cases where there are normal working hours include cases where the employee is entitled to overtime pay when employed for more than a fixed number of hours in a week or other period, and, subject to paragraph 2, in those cases that fixed number of hours shall be the normal working hours.

2

If in such a case—

• (a) the contract of employment fixes the number, or the minimum number, of hours of employment in the said week or other period (whether or not it also provides for the reduction of that number or minimum in certain circumstances), and

• (b) that number or minimum number of hours exceeds the number of hours without overtime,

that number or minimum number of hours (and not the number of hours without overtime) shall be the normal working hours.

PART II — A Week's Pay

Employments for which there are normal working hours

3

• (1) This paragraph and paragraph 4 shall apply if there are normal working hours for an employee when employed under the contract of employment in force on the calculation date.

• (2) Subject to paragraph 4, if an employee's remuneration for employment in normal working hours, whether by the hour or week or other period, does not vary with the amount of work done in the period, the amount of a week's pay shall be the amount which is payable by the employer under the contract of employment in force on the calculation date if the employee works throughout his normal working hours in a week.

• (3) Subject to paragraph 4, if sub-paragraph (2) does not apply, the amount of a week's pay shall be the amount of remuneration for the number of normal working hours in a week calculated at the average hourly rate of remuneration payable by the employer to the employee in respect of the period of twelve weeks—

• (a) where the calculation date is the last day of a week, ending with that week;

• (b) in any other case, ending with the last complete week before the calculation date.

• (4) References in this paragraph to remuneration varying with the amount of work done include references to remuneration which may include any commission or similar payment which varies in amount.

4

• (1) This paragraph shall apply if there are normal working hours for an employee when employed under the contract of employment in force on the calculation date, and he is required under that contract to work during those hours on days of the week or at times of the day which differ from week to week or over a longer period so that the remuneration payable for, or apportionable to, any week varies according to the incidence of the said days or times.

• (2) The amount of a week's pay shall be the amount of remuneration for the average weekly number of normal working hours (calculated in accordance with sub-paragraph (3)) at the average hourly rate of remuneration (calculated in accordance with sub-paragraph (4)).

• (3) The average number of weekly hours shall be calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks—

• (a) where the calculation date is the last day of a week, ending with that week ;

• (b) in any other case, ending with the last complete week before the calculation date.

• (4) The average hourly rate of remuneration shall be the average hourly rate of remuneration payable by the employer to the employee in respect of the period of twelve weeks—

• (a) where the calculation date is the last day of a week, ending with that week;

• (b) in any other case, ending with the last complete week before the calculation date.

5

• (1) For the purpose of paragraphs 3 and 4, in arriving at the average hourly rate of remuneration only the hours when the employee was working, and only the remuneration payable for, or apportionable to, those hours of work, shall be brought in; and if for any of the twelve weeks mentioned in either of those paragraphs no such remuneration was payable by the employer to the employee, account shall be taken of remuneration in earlier weeks so as to bring the number of weeks of which account is taken up to twelve.

• (2) Where, in arriving at the said hourly rate of remuneration, account has to be taken of remuneration payable for, or apportionable to, work done in hours other than normal working hours, and the amount of that remuneration was greater than it would have been if the work had been done in normal working hours, account shall be taken of that remuneration as if—

• (a) the work had been done in normal working hours ; and

• (b) the amount of that remuneration had been reduced accordingly.

• (3) For the purpose of the application of sub-paragraph (2) to a case falling within paragraph 2, sub-paragraph (2) shall be construed as if for the words " had been done in normal working hours ", in each place where those words occur, there were substituted the words " had been done in normal working hours falling within the number of hours without overtime ".

Employments for which there are no normal working hours

6

• (1) This paragraph shall apply if there are no normal working hours for an employee when employed under the contract of employment in force on the calculation date.

• (2) The amount of a week's pay shall be the amount of the employee's average weekly remuneration in the period of twelve weeks—

• (a) where the calculation date is the last day of a week, ending with that week ;

• (b) in any other case, ending with the last complete week before the calculation date.

• (3) In arriving at the said average weekly rate of remuneration no account shall be taken of a week in which no remuneration was payable by the employer to the employee and remuneration in earlier weeks shall be brought in so as to bring the number of weeks of which account is taken up to twelve.

The calculation date

7

• (1) For the purposes of this Part, the calculation date is.—

• (a) where the calculation is for the purposes of section 14, the day in respect of which the guarantee payment is payable, or, where an employee's contract has been varied, or a new contract entered into, in connection with a period of short-time working, the last day on which the original contract was in force;

• (b) where the calculation is for the purposes of section 21, the day before that on which the suspension referred to in section 19(1) begins;

• (c) where the calculation is for the purposes of section 31, the day on which the employer's notice was given ;

• (d) where the calculation is for the purposes of section 35, the last day on which the employee worked under the contract of employment in force immediately before the beginning of her absence;

• (e) where the calculation is for the purposes of Schedule 3, the day immediately preceding the first day of the period of notice required by section 49(1) or, as the case may be, section 49(2);

• (f) where the calculation is for the purposes of section 53 or 71(2)(b) and the dismissal was with notice, the date on which the employer's notice was given ;

• (g) where the calculation is for the purposes of section 53 or 71(2)(6) but sub-paragraph (f) does not apply, the effective date of termination ;

• (h) where the calculation is for the purposes of section 73 and by virtue of section 55(5) a date is to be treated as the effective date of termination for the purposes of section 73(3) which is later than the effective date of termination as defined by section 55(4), the effective date of termination as defined by section 55(4);

• (i) where the calculation is for the purposes of section 73 but section 55(5) does not apply in relation to the date of termination, the date on which notice would have been given had the conditions referred to in sub-paragraph (2) been fulfilled (whether those conditions were in fact fulfilled or not);

• (j) where the calculation is for the purposes of section 87(2), the day immediately preceding the first of the four or, as the case may be, the six weeks referred to in section 88(1);

• (k) where the calculation is for the purposes of Schedule 4 and by virtue of section 90(3) a date is to be treated as the relevant date for the purposes of certain provisions of this Act which is later than the relevant date as defined by section 90(1), the relevant date as defined by section 90(1) ;

• (l) where the calculation is for the purposes of Schedule 4 but sub-paragraph (it) does not apply, the date on which notice would have been given had the conditions referred to in sub-paragraph (2) been fulfilled (whether those conditions were in fact fulfilled or not).

• (2) The conditions referred to in sub-paragraphs (1)(i) and (l) are that the contract was terminable by notice and was terminated by the employer giving such notice as is required to terminate that contract by section 49 and that the notice expired on the effective date of termination or on the relevant date, as the case may be.

Maximum amount of week's pay for certain purposes

8

• (1) Notwithstanding the preceding provisions of this Schedule, the amount of a week's pay for the purpose of calculating-

• (a) an additional award of compensation (within the meaning of section 71(2)(b), shall not exceed £100 ;

• (b) a basic award of compensation (within the meaning of section 72) shall not exceed £100 ;

• (c) a redundancy payment shall not exceed £100 ;

• (2) The Secretary of State may after a review under section 148 vary the limit referred to in sub-paragraph (1)(a) or (b) or (c) by an order made in accordance with that section.

• (3) Without prejudice to the generality of the power to make transitional provision in an order under section 148, such an order may provide that it shall apply in the case of a dismissal in relation to which the effective date of termination for the purposes of this sub-paragraph, as defined by section 55(5), falls after the order comes into operation, notwithstanding that the effective date of termination, as defined by section 55(4), for the purposes of other provisions of this Act falls before the order comes into operation.

• (4) Without prejudice to the generality of the power to make transitional provision in an order under section 148, such an order may provide that it shall apply in the case of a dismissal in relation to which the relevant date for the purposes of this sub-paragraph falls after the order comes into operation, notwithstanding that the relevant date for the purposes of other provisions of this Act falls before the order comes into operation.

Supplemental

9

In any case in which an employee has not been employed for a sufficient period to enable a calculation to be made under any of the foregoing provisions of this Part, the amount of a week's pay shall be an amount which fairly represents a week's pay ; and in determining that amount the tribunal shall apply as nearly as may be such of the foregoing provisions of this Part as it considers appropriate, and may have regard to such of the following considerations as it thinks fit, that is to say—

• (a) any remuneration received by the employee in respect of the employment in question;

• (b) the amount offered to the employee as remuneration in respect of the employment in question;

• (c) the remuneration received by other persons engaged in relevant comparable employment with the same employer;

• (d) the remuneration received by other persons engaged in relevant comparable employment with other employers ;

10

In arriving at an average hourly rate or average weekly rate of remuneration under this Part account shall be taken of work for a former employer within the period for which the average is to be taken if, by virtue of Schedule 13, a period of employment with the former employer counts as part of the employee's continuous period of employment with the later employer.

11

Where under this Part account is to be taken of remuneration or other payments for a period which does not coincide with the periods for which the remuneration or other payments are calculated, then the remuneration or other payments shall be apportioned in such manner as may be just.

12

The Secretary of State may by regulations provide that in prescribed cases the amount of a week's pay shall be calculated in such manner as the regulations may prescribe. '

SCHEDULE 15

General

1

So far as anything done or treated as done under or for the purposes of any enactment repealed by this Act could have been done under a corresponding provision of this Act it shall not be invalidated by the repeal but shall have effect as if done under or for the purposes of that provision.

2

Where any period of time specified in an enactment repealed by this Act is current immediately before the corresponding provision of this Act comes into force, this Act shall have effect as if the corresponding provision had been in force when that period began to run.

3

Nothing in this Act shall affect the enactments repealed by this Act in their operation in relation to offences committed before the commencement of this Act.

4

Any reference in an enactment or document, whether express or implied, to—

• (a) an enactment which is re-enacted in a corresponding provision of this Act;

• (b) an enactment replaced or amended by a provision of the Employment Protection Act 1975 which is re-enacted in a corresponding provision of this Act;

• (c) an enactment in the Industrial Relations Act 1971 which was re-enacted with or without amendment in a corresponding provision in Schedule 1 to the Trade Union and Labour Relations Act 1974 and that corresponding provision is re-enacted by a corresponding provision of this Act;

shall, except so far as the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

5

Paragraphs 1 to 4 have effect subject to the following provisions of this Schedule.

Guarantee payments

6

Section 15(1) shall have effect in relation to any day before 1st February 1978 as if for " £6.60 " there were substituted " £6 ".

Maternity pay

7

No employee is entitled to receive maternity pay in respect of a payment period or payment periods beginning before 6th April 1977.

Termination of employment

8

Sections 49 and 50 apply in relation to any contract made before the commencement of this Act.

Unfair dismissal

9

• (1) The repeal by this Act of the provisions relating to unfair dismissals of the Employment Protection Act 1975, of Schedule 1 to the Trade Union and Labour Relations Act 1974 and of the Trade Union and Labour Relations (Amendment) Act 1976 shall not have effect in relation to dismissals where the effective date of termination is earlier than 1st October 1976 and, accordingly, those provisions shall continue to apply to such dismissals as they applied thereto before this Act came into force.

• (2) Without prejudice to the generality of sub-paragraph (1), the provisions of paragraphs 17(2) and (3) and 19 of Schedule 1 to the said Act of 1974 shall, notwithstanding the repeal of those provisions by the Employment Protection Act 1975, continue to apply to dismissals where the effective date of termination falls before 1st June 1976.

• (3) Where the notice required to be given by an employer to terminate a contract of employment by section 49(1) would, it duly given when notice of termination was given by the employer, or (where no notice was given) when the contract of employment was terminated by the employer, expire on a date later than the effective date of termination as defined by section 55(4), that later date shall be treated as the effective date of termination for the purposes of sub-paragraphs (1) and (2).

10

• (1) Section 54 does not apply to a dismissal from employment under a contract for a fixed term of two years or more, where the contract was made before 28th February 1972 and is not a contract of apprenticeship, and the dismissal consists only of the expiry of that term without its being renewed.

• (2) Sub-paragraph (1) in its application to an employee treated as unfairly dismissed by virtue of subsection (1) or (2) of section 60 shall have effect as if for the reference to 28th February 1972 there were substituted a reference to 1st June 1976.

Redundancy

11

• (1) The repeal by this Act of any provision of the Redundancy Payments Act 1965 and of any enactment amending that Act shall not have effect in relation to dismissals and to lay-off and short-time where the relevant date falls before 1st June 1976, and, accordingly, a person's entitlement to or the computation of a redundancy payment or the reference of questions to industrial tribunals concerning such entitlement or computation in cases where the relevant date falls before 1st June 1976 shall continue to be determined as if this Act were not in force.

• (2) Where the notice required to be given by an employer to terminate a contract of employment by section 49 would, if duly given when notice of termination was given by the employer, or (where no notice was given) when the contract of employment was terminated by the employer, expire on a date later than the relevant date as defined by section 90(1), that later date shall be treated as the relevant date for the purposes of sub-paragraph (1).

12

Section 81 shall not apply to an employee who immediately before the relevant date (within the meaning of section 90) is employed under a contract of employment for a fixed term of two years or more, if that contract was made before 6th December 1965 and is not a contract of apprenticeship.

13

Sections 104 and 107 shall have effect in relation to an offence committed before 17th July 1978 as if—

• (a) for each reference to the prescribed sum in subsection (9) of section 104 and subsection (4) of section 107 there were substituted a reference to £100, and

• (b) subsection (10) of section 104 and subsection (5) of section 107 were omitted.

14

Schedule 5 shall have effect as if there were added at the end the following paragraph—

(5) The Boards of Governors of the hospitals specified in Schedule 1 to the National Health Service (Preservation of Boards of Governors) Order 1974.

.

Insolvency

15

• (1) Subject to sub-paragraph (2), the provisions of sections 122 and 123 shall apply in relation to an employer who becomes insolvent (within the meaning of section 127) after 19th April 1976, and shall in such a case apply to any debts mentioned in section 122 and to any unpaid relevant contribution (within the meaning of section 123), whether falling due before or after that date.

• (2) Section 122 shall have effect in relation to any case where the employer became insolvent before 1st February 1978 as if for each reference to £100 there were substituted a reference to £80.

Calculation of a week's pay

16

Paragraph 8 of Schedule 14 shall have effect—

• (a) for the purpose of calculating an additional award of compensation in any case where the date by which the order for re-instatement or re-engagement was required to be complied with fell before 1st February 1978 ;

• (b) for the purpose of calculating a basic award of compensation in any case where the effective date of determination (as defined by subsection (5) of section 55 or, if the case is not within that subsection, by subsection (4) of that section) fell before 1st February 1978 ;

• (c) in relation to a claim for a redundancy payment, where the relevant date fell before 1st February 1978,

as if for each reference to £100 there were substituted a reference to £80.

Computation of period of continuous employment

17

For the purposes of the computation of a period of continuous employment falling to be made before 1st February 1977—

• (a) paragraphs 3 and 4 of Schedule 13 shall have effect as if for the word " sixteen" there were substituted the word " twenty-one " , and

• (b) paragraphs 5, 6 and 7 of that Schedule shall not apply.

Legal proceedings

18

Notwithstanding the repeal of any enactment by this Act, the Employment Appeal Tribunal and the industrial tribunals may continue to exercise the jurisdiction conferred on them by or under any enactment which is repealed by this Act with respect to matters arising out of or in connection with the repealed enactments.

House of Commons staff

19

Section 122 of the Employment Protection Act 1975 shall, until 1st January 1979, have effect as if it applied the enactments which are mentioned in subsection (1) of section 139 of this Act to relevant members of the House of Commons staff (within the meaning of the said section 122).

SCHEDULE 16

House of Commons Offices Act 1846 (9 & 10 Vict. c.77)

1

In section 5 of the House of Commons Offices Act 1846, after the words " Employment Protection Act 1975 " there are inserted the words " the Employment Protection (Consolidation) Act 1978 ".

Trade Union Act 1913 (2 & 3 Geo. 5. c.30)

2

In section 5A of the Trade Union Act 1913, for the words " section 88(2) of the Employment Protection Act 1975 " there are substituted the words " section 136(2) of the Employment Protection (Consolidation) Act 1978 ".

Iron and Steel Act 1949 (12, 13 & 14 Geo. 6. c.72)

3

• (1) In section 40 of the Iron and Steel Act 1949, in subsection (3), for the words from " a tribunal" to the end there are substituted the words " an industrial tribunal. ".

• (2) In section 41 of the said Act of 1949, in subsection (3), for the words from " a tribunal" to the end there are substituted the words " an industrial tribunal ".

Industrial Training Act 1964 (c. 16)

4

• (1) In section 4(7) of the Industrial Training Act 1964, for the words from " a tribunal " to " Act" there are substituted the words " an industrial tribunal ".

• (2) For subsection (1) of section 12 of the said Act of 1964 there is substituted the following subsection—

(1) A person assessed to levy imposed under this Act may appeal to an industrial tribunal.

.

Trade Union (Amalgamations, etc.) Act 1964 (c.24)

5

In section 4(8) of the Trade Union (Amalgamations, etc.) Act 1964, for the words "section 88(2) of the Employment Protection Act 1975 " there are substituted the words " section 136(2) of the Employment Protection (Consolidation) Act 1978 ".

Transport Act 1968 (c. 73)

6

In section 135(4)(b) of the Transport Act 1968, for the words from " a tribunal" to the end there are substituted the words " an industrial tribunal. ".

Transport (London) Act 1969 (c.35)

7

• (1) In section 37(4)(b) of the Transport (London) Act 1969, for the words from " a tribunal" to the end there are substituted the words " an industrial tribunal. ".

• (2) In paragraph 6 of Schedule 2 to the said Act of 1969, for the words " paragraph 10(3) of Schedule 1 to the Contracts of Employment Act 1963 and section 8(2) of the Redundancy Payments Act 1965, for the purposes of those Acts " there are substituted the words " section 151(1) of and paragraph 17(3) of Schedule 13 to the Employment Protection (Consolidation) Act 1978, for the purposes of that Act ".

Post Office Act 1969 (c.48)

8

In paragraph 33 of Schedule 9 to the Post Office Act 1969—

• (a) in sub-paragraph (1) for the words " sections 1 and 2 of the Contracts of Employment Act 1963, Schedule 1 " there are substituted the words " sections 49 and 50 and Part VI of the Employment Protection (Consolidation) Act 1978, Schedule 13 ", for the words " the said Act of 1963 " there are substituted the words " the said Act of 1978 " ; and for the words "twenty-one hours" there are substituted the words " sixteen hours ";

• (b) in sub-paragraph (2), for the words " Schedule 1 to the said Act of 1963 " there are substituted the words " Schedule 13 to the said Act of 1978 ";

• (c) in sub-paragraph (3), for the words " 7 of Schedule 2 to the said Act of 1963 " there are substituted the words " 10 of Schedule 14 to the said Act of 1978 " and for the words from " paragraph 10 " to the end there are substituted the words " Schedule 13 to that Act shall be construed as a reference to that Schedule as it has effect by virtue of sub-paragraph (1) above. ";

• (d) in sub-paragraph (4), for the words " the said Act of 1963 " and " Schedule 1 " there are substituted respectively the words " the said Act of 1978 " and " Schedule 13 " ;

• (e) at the end there is added the following sub-paragraph—

(6) This paragraph applies notwithstanding the provisions of section 99 of the Employment Protection (Consolidation) Act 1978.

.

Income and Corporation Taxes Act 1970 (c.10)

9

• (1) In section 412(6) of the Income and Corporation Taxes Act 1970, for the words " section 32 of the Redundancy Payments Act 1965" there are substituted the words " section 106 of the Employment Protection (Consolidation) Act 1978 ".

• (2) In section 412(7) of the said Act of 1970—

• (a) for the words " Part II of the Redundancy Payments Act 1965 " there are substituted the words " the Employment Protection (Consolidation) Act 1978 ";

• (b) for the words " section 30(2) of the Redundancy Payments Act 1965 " there are substituted the words " section 104(2) of the Employment Protection (Consolidation) Act 1978 ";

• (c) for the words " Schedule 5 to the Redundancy Payments Act 1965 " there are substituted the words " Schedule 6 to the Employment Protection (Consolidation) Act 1978 ";

• (d) for the words " the Redundancy Payments Act 1965 " in paragraph (c) of the said section 412(7), there are substituted the words " the Employment Protection (Consolidation) Act 1978 ".

Atomic Energy Authority Act 1971 (c.11)

10

• (1) In subsection (1) of section 10 of the Atomic Energy Authority Act 1971, for the words "section 22 of the Redundancy Payments Act 1965 " there are substituted the words " section 93 of the Employment Protection (Consolidation) Act 1978 ".

• (2) In subsection (2) of the said section 10—

• (a) for the words " section 4 of the Contracts of Employment Act 1963 " there are substituted the words " sections 1 to 4 of the Employment Protection (Consolidation) Act 1978 ";

• (b) for the words " subsection (8) of that section", in both places where they occur, there are substituted the words " section 5 of the said Act of 1978 ";

• (c) for the words " the said section 4 " there are substituted the words " the said sections 1 to 4 ".

• (3) In subsection (3) of the said section 10—

• (a) for the words " Section 4A(1) of the Contracts of Employment Act 1963 " there are substituted the words " Section 11 of the Employment Protection (Consolidation) Act 1978 ";

• (b) for the words " section 4" there are substituted the words " sections 1 to 4 ".

• (4) In subsection (4) of the said section 10—

• (a) for the words from the beginning to "Redundancy Payments Act 1965 " there are substituted the words " For the purposes of Schedule 13 to the said Act of 1978 (computation of period of employment) ";

• (b) for the words " paragraph 10" there are substituted the words " paragraph 17 ".

Tribunals and Inquiries Act 1971 (c.62)

11

In section 13 of the Tribunals and Inquiries Act 1971, the following subsection is inserted after subsection (1)—

(1A) Subsection (1) of this section shall not apply in relation to proceedings before industrial tribunals which arise under or by virtue of any of the enactments mentioned in section 136(1) of the Employment Protection (Consolidation) Act 1978.

.

Civil Aviation Act 1971 (c.75)

12

• (1) In paragraph 1 of Schedule 9 to the Civil Aviation Act 1971—

• (a) in sub-paragraph (1) for the words "sections 1 and 2 of the Contracts of Employment Act 1963, Schedule 1" there are substituted the words " sections 49 and 50 and Part VI of the Employment Protection (Consolidation) Act 1978, Schedule 13 ", for the words "the said Act of 1963 " there are substituted the words " the said Act of 1978 "; and for the words "twenty-one hours" there are substituted the words " sixteen hours ";

• (b) in sub-paragraph (2), for the words " Schedule 1 to the said Act of 1963 " there are substituted the words " Schedule 13 to the said Act of 1978 ";

• (c) in sub-paragraph (3), for the words " 7 of Schedule 2 to the said Act of 1963 " there are substituted the words " 10 of Schedule 14 to the said Act of 1978 " and for the words from " paragraph 10 " to the end there are substituted the words " Schedule 13 to that Act shall be construed as a reference to that Schedule as it has effect by virtue of sub-paragraph (1) above. ";

• (d) in sub-paragraph (4), for the words " the said Act of 1963 " and " Schedule 1 " there are substituted respectively the words " the said Act of 1978 " and " Schedule 13 " ;

• (e) at the end there is added the following sub-paragraph—

(6) This paragraph applies notwithstanding the provisions of section 99 of the Employment Protection (Consolidation) Act 1978.

.

• (2) In paragraph 4 of the said Schedule 9—

• (a) for the words " paragraph 10(2) of Schedule 1 to the Contracts of Employment Act 1963 and section 13(1) of the Redundancy Payments Act 1965 " there are substituted the words " section 94(1) of and paragraph 17(2) of Schedule 13 to the Employment Protection (Consolidation) Act 1978 ";

• (b) for the words "the said section 13(1)" there are substituted the words " the said section 94(1) ";

• (c) for the words from " the said Act of 1963 " to " Act of 1965 " there are substituted the words " the said paragraph 17(2) and the references to the said section 94(1) ", and after the words " a reference " there are inserted the words " to paragraph 10(2) of Schedule 1 ".

Transport Holding Company Act 1972 (c.14)

13

• (1) In section 2(3)(c) of the Transport Holding Company Act 1972, for the words from " a tribunal" to the end there are substituted the words " an industrial tribunal. ".

• (2) In section 2(7) of the said Act of 1972, for the words "a tribunal established under section 12 of the Industrial Training Act 1964 " there are substituted the words " an industrial tribunal ".

Finance Act 1972 (c.41)

14

In paragraph 1(b) of Part V of Schedule 12 to the Finance Act 1972, for the words "Redundancy Payments Act 1965" there are substituted the words " Employment Protection (Consolidation) Act 1978 ".

British Library Act 1972 (c.54)

15

In paragraph 13(3)(a) of the Schedule to the British Library Act 1972, for the words " the Acts of 1963 and 1965 " there are substituted the words " the Employment Protection (Consolidation) Act 1978 ".

Gas Act 1972 (c.60)

16

In section 36(5) of the Gas Act 1972, for the words from " a tribunal" to the end there are substituted the words " an industrial tribunal. ".

Health and Safety at Work etc. Act 1974 (c. 37)

17

The following subsection is inserted in section 80 of the Health and Safety at Work etc. Act 1974 after subsection (2)—

(2A) Subsection (1) above shall apply to provisions in the Employment Protection (Consolidation) Act 1978 which re-enact provisions previously contained in the Redundancy Payments Act 1965, the Contracts of Employment Act 1972 or the Trade Union and Labour Relations Act 1974 as it applies to provisions contained in Acts passed before or in the same Session as this Act

.

Trade Union and Labour Relations Act 1974 (c.52)

18

In section 8(7) of the Trade Union and Labour Relations Act 1974, for the words " section 88(3) of the Employment Protection Act 1975 " there are substituted the words " section 136(3) of the Employment Protection (Consolidation) Act 1978 ".

Social Security Act 1975 (c. 14)

19

• (1) In section 114 of the Social Security Act 1975, the following subsection is inserted after subsection (2)—

(2A) It is hereby declared for the avoidance of doubt that the power to make regulations under subsection (1) above includes power to make regulations for the determination of any question arising as to the total or partial recoupment of unemployment benefit in pursuance of regulations under section 132 of the Employment Protection (Consolidation) Act 1978 (including any decision as to the amount of benefit).

.

• (2) In section 139 of the said Act of 1975, after subsection (2) there is inserted the following subsection—

(2A) Subsection (1) above does not apply to regulations made under this Act and contained in a statutory instrument which states that the regulations provide only that a day in respect of which there is payable a particular description of any payment to which section 132 of the Employment Protection (Consolidation) Act 1978 (recoupment of unemployment and supplementary benefits) applies shall not be treated as a day of unemployment for the purposes of entitlement to unemployment benefit.

.

Sex Discrimination Act 1975 (c.65)

20

• (1) In section 65(2) of the Sex Discrimination Act 1975, for the words " paragraph 20 of Schedule 1 to the Trade Union and Labour Relations Act 1974 " there are substituted the words " section 75 of the Employment Protection (Consolidation) Act 1978 ".

• (2) In section 75(5)(c) of the said Act of 1975 for the words " paragraph 21 of Schedule 1 to the Trade Union and Labour Relations Act 1974." there are substituted the words " paragraph 1 of Schedule 9 to the Employment Protection (Consolidation) Act 1978. ".

Scottish Development Agency Act 1975 (c. 69)

21

In paragraph 6 of Schedule 3 to the Scottish Development Agency Act 1975, for sub-paragraphs (a), (b) and (c) there are substituted the words " the Employment Protection (Consolidation) Act 1978 ".

Welsh Development Agency Act 1975 (c. 70)

22

In paragraph 7 of Schedule 2 to the Welsh Development Agency Act 1975, for sub-paragraphs (a), (b) and (c) there are substituted the words " the Employment Protection (Consolidation) Act 1978 ".

Employment Protection Act 1975 (c.71)

23

• (1) The Employment Protection Act 1975 shall be amended in accordance with the following provisions of this paragraph.

• (2) In section 6(2)—

• (a) the words from " in relation to " to " that is to say " shall be omitted;

• (b) for the words " section 57 below ; and " there are substituted the words " section 27 of the Employment Protection (Consolidation) Act 1978, including guidance on the circumstances in which a trade union official is to be permitted to take time off under that section in respect of duties connected with industrial action ; and ";

• (c) for the words " section 58 below " there are substituted the words " section 28 of the said Act of 1978, including guidance on the question whether, and the circumstances in which, a trade union member is to be permitted to take time off under that section for trade union activities connected with industrial action. ".

• (3) In section 8(9), for the words "section 88(3) below" there are substituted the words " section 136(3) of the Employment Protection (Consolidation) Act 1978 ".

• (4) In section 102(4), for the words " Schedule 2 to the Contracts of Employment Act 1972" there are substituted the words " Schedule 3 to the Employment Protection (Consolidation) Act 1978 ",

and for the words " section 1(1)" there are substituted the words " section 49(1) ".

• (5) In section 104(1)(a), for the words " section 30(1) of the Redundancy Payments Act 1965 " there are substituted the words " section 104(1) of the Employment Protection (Consolidation) Act 1978 ".

• (6) In section 106(3), for the words from the beginning to " Redundancy Payments Act 1965 " there are substituted the words

Schedule 14 to the Employment Protection (Consolidation) Act 1978 shall apply for the calculation of a week's pay for the purposes of section 102 above, and, for the purposes of Part II of that Schedule, the calculation date is— (a) in the case of an employee who was dismissed before the date on which the protective award was made, the date which by virtue of paragraph 7(1)(k) or (l) of the said Schedule 14

.

• (7) In section 108(1), for the words " paragraph 21 of Schedule 1 to the 1974 Act" there are substituted the words " paragraph 1 of Schedule 9 to the Employment Protection (Consolidation) Act 1978 ".

• (8) In section 119(1), for the words "Parts II and IV of this Act apply " there are substituted the words " Part IV of this Act applies ".

• (9) In section 119, the following subsection is added at the end—

(17) Schedule 13 to the Employment Protection (Consolidation) Act 1978 and, so far as they modify that Schedule, any order under section 7 of that Act and any regulations under paragraph 20 of that Schedule, shall have effect for the purposes of this section in determining for what period an employee has been continuously employed; and, for the purposes of any proceedings brought under or by virtue of this Act, a person's employment during any period shall, unless the contrary is shown, be presumed to have been continuous.

.

• (10) In section 121(5), for the words " Schedule 3 to the Redundancy Payments Act 1965" there are substituted the words " Schedule 5 to the Employment Protection (Consolidation) Act 1978 ".

• (11) In section 121(6) and (7), for the words "section 41(3) of the Redundancy Payments Act 1965 " there are substituted the words " section 111(3) of the Employment Protection (Consolidation) Act 1978 ".

• (12) In section 125(1) for the words from the beginning to " Part III of that Schedule " there are substituted the words " The provisions of the 1974 Act specified in Part III of Schedule 16 to this Act ".

• (13) In section 126(1), for the words " paragraph 5 of Schedule 1 to the 1974 Act" there are substituted the words " section 55 of the Employment Protection (Consolidation) Act 1978 ".

New Towns (Amendment) Act 1976 (c. 68)

24

In section 13 of the New Towns (Amendment) Act 1976—

• (a) in subsection (5), for the words " Schedule 1 to the Contracts of Employment Act 1972 " there are substituted the words " Schedule 13 to the Employment Protection (Consolidation) Act 1978 ";

• (b) in subsection (6), for the words " section 13 of the Redundancy Payments Act 1965 " there are substituted the words " section 94 of the Employment Protection (Consolidation) Act 1978 ".

Race Relations Act 1976 (c.74)

25

• (1) The Race Relations Act 1976 shall be amended in accordance with the following provisions of this paragraph.

• (2) In section 56(2) for the words "paragraph 20 of Schedule 1 to the Trade Union and Labour Relations Act 1974 " there are substituted the words " section 75 of the Employment Protection (Consolidation) Act 1978 ".

• (3) In section 66(7) for the words "paragraph 21 of Schedule 1 to the Trade Union and Labour Relations Act 1974" there are substituted the words " paragraph 1 of Schedule 9 to the Employment Protection (Consolidation) Act 1978 ".

• (4) In paragraph 11 of Schedule 2—

• (a) in sub-paragraph (3) for the words " the Redundancy Payments Act 1965 " there are substituted the words " Part VI of the Employment Protection (Consolidation) Act 1978 ";

• (b) for sub-paragraph (4)(a) and (b) there is substituted the following paragraph—

(a) the Employment Protection (Consolidation) Act 1978 except Part VI of that Act;

.

Development of Rural Wales Act 1976 (c. 75)

26

In both paragraph 6 of Schedule 2 and paragraph 6 of Schedule 6 to the Development of Rural Wales Act 1976, for sub-paragraphs (a), (b) and (c) there are substituted the words " the Employment Protection (Consolidation) Act 1978 ".

Dock Work Regulation Act 1976 (c. 79)

27

• (1) In section 14(7) of the Dock Work Regulation Act 1976 for the words " subsections (1), (5) and (6) above " there are substituted the words " subsection (6) above ".

• (2) In paragraph 17(1) of Schedule 1 to the said Act of 1976, for the words " Schedule 1 to the Contracts of Employment Act 1972 " there are substituted the words " Schedule 13 to the Employment Protection (Consolidation) Act 1978 ".

Aircraft and Shipbuilding Industries Act 1977 (c. 3)

28

In both section 49(10) and section50(3)(b) of the Aircraft and Shipbuilding Industries Act 1977, for the words " a tribunal established under section 12 of the Industrial Training Act 1964 or, as the case may require" there are substituted the words " an industrial tribunal or, as the case may require, a tribunal established under ".

Social Security (Miscellaneous Provisions) Act 1977 (c. 5)

29

In section 18 of the Social Security (Miscellaneous Provisions) Act 1977—

• (a) in subsection (1)(c), for " Act 1975 " there shall be substituted " (Consolidation) Act 1978 ";

• (b) in subsection (2)(a), for the words " section 43 of the Employment Protection Act 1975 " there are substituted the words " section 40 of the Employment Protection (Consolidation) Act 1978 ";

• (c) in subsection (2)(b), for " 64(3)(a)" and " 45(1) " there are substituted " 122(3)(a) " and " 42(1) " respectively ;

• (d) in subsection (2)(e), for the words " that Act" there are substituted the words " the Employment Protection Act 1975 ".

New Towns (Scotland) Act 1977 (c. 16)

30

In section 3(6) of the New Towns (Scotland) Act 1977 for paragraphs (a), (b) and (c) there are substituted the words " Parts I, IV, V and VI of the Employment Protection (Consolidation) Act 1978 ".

Housing (Homeless Persons) Act 1977 (c. 48)

31

In section 14(4) of the Housing (Homeless Persons) Act 1977—

• (a) in paragraph (a), for the words " section 13 of the Redundancy Payments Act 1965 " there are substituted the words " section 94 of the Employment Protection (Consolidation) Act 1978 ";

• (b) in paragraph (b), for the words " Schedule 1 to the Contracts of Employment Act 1972 " there are substituted the words " Schedule 13 to the said Act of 1978 " , and the words " sections 1 and 2 of" shall cease to have effect.

National Health Service Act 1977 (c. 49)

32

In paragraph 13(1)(6) of Schedule 14 to the National Health Service Act 1977, the reference to paragraph 106 of Schedule 4 to the National Health Service Reorganisation Act 1973 shall cease to have effect, and, accordingly, for that reference to paragraph 106 there is substituted a reference to paragraph 107 of the said Schedule 4.

Scotland Act 1978 (c. 00)

33

In section 33 of the Scotland Act 1978—

• (a) in subsection (1), for paragraphs (a) and (b) there is substituted the following paragraph—

(a) Parts I (so far as it relates to itemised pay statements), II, III (except section 44), V, VIII and IX and section 53 of the Employment Protection (Consolidation) Act 1978 ; and ",

;

and for the words " section 121 of the Employment Protection Act 1975 " there are substituted the words " section 138 of the Employment Protection (Consolidation) Act 1978

• (b) in subsection (2), for the words "paragraph 21(5)(c) of Schedule 1 to the Act of 1974" there are substituted the words " paragraph 1(5)(c) of Schedule 9 to the Employment Protection (Consolidation) Act 1978 ".

House of Commons (Administration) Act 1978 (c.36)

34

In paragraph 1 of Schedule 2 to the House of Commons (Administration) Act 1978, after the words " the Employment Protection Act 1975 " there are inserted the words " and section 139 of the Employment Protection (Consolidation) Act 1978 ".

SCHEDULE 17