Trade Union Reform and Employment Rights Act 1993

(226A) (1) The trade union must take such steps as are reasonably necessary to ensure that— (a) not later than the seventh day before the opening day of the ballot, the notice specified in subsection (2), and (b) not later than the third day before the opening day of the ballot, the sample voting paper specified in subsection (3), is received by every person who it is reasonable for the union to believe (at the latest time when steps could be taken to comply with paragraph (a)) will be the employer of persons who will be entitled to vote in the ballot. (2) The notice referred to in paragraph (a) of subsection (1) is a notice in writing— (a) stating that the union intends to hold the ballot, (b) specifying the date which the union reasonably believes will be the opening day of the ballot, and (c) describing (so that he can readily ascertain them) the employees of the employer who it is reasonable for the union to believe (at the time when the steps to comply with that paragraph are taken) will be entitled to vote in the ballot. (3) The sample voting paper referred to in paragraph (b) of subsection (1) is— (a) a sample of the form of voting paper which is to be sent to the employees who it is reasonable for the trade union to believe (at the time when the steps to comply with paragraph (a) of that subsection are taken) will be entitled to vote in the ballot, or (b) where they are not all to be sent the same form of voting paper, a sample of each form of voting paper which is to be sent to any of them. (4) In this section references to the opening day of the ballot are references to the first day when a voting paper is sent to any person entitled to vote in the ballot. (5) This section, in its application to a ballot in which merchant seamen to whom section 230(2A) applies are entitled to vote, shall have effect with the substitution in subsection (3), for references to the voting paper which is to be sent to the employees, of references to the voting paper which is to be sent or otherwise provided to them.

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Ballot result for employers

19

After section 231 of the 1992 Act there shall be inserted—

(231A) (1) As soon as reasonably practicable after the holding of the ballot, the trade union shall take such steps as are reasonably necessary to ensure that every relevant employer is informed of the matters mentioned in section 231. (2) In subsection (1) “relevant employer” means a person who it is reasonable for the trade union to believe (at the time when the steps are taken) was at the time of the ballot the employer of any persons entitled to vote.

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Scrutiny of ballots

20

• (1) After section 226A of the 1992 Act (which is inserted by section 18 above) there shall be inserted—

(226B) (1) The trade union shall, before the ballot in respect of the industrial action is held, appoint a qualified person (“the scrutineer”) whose terms of appointment shall require him to carry out in relation to the ballot the functions of— (a) taking such steps as appear to him to be appropriate for the purpose of enabling him to make a report to the trade union (see section 231B); and (b) making the report as soon as reasonably practicable after the date of the ballot and, in any event, not later than the end of the period of four weeks beginning with that date. (2) A person is a qualified person in relation to a ballot if— (a) he satisfies such conditions as may be specified for the purposes of this section by order of the Secretary of State or is himself so specified; and (b) the trade union has no grounds for believing either that he will carry out the functions conferred on him under subsection (1) otherwise than competently or that his independence in relation to the union, or in relation to the ballot, might reasonably be called into question. An order under paragraph (a) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) The trade union shall ensure that the scrutineer duly carries out the functions conferred on him under subsection (1) and that there is no interference with the carrying out of those functions from the union or any of its members, officials or employees. (4) The trade union shall comply with all reasonable requests made by the scrutineer for the purposes of, or in connection with, the carrying out of those functions.

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• (2) In section 229 of that Act (voting paper), after subsection (1) there shall be inserted—

(1A) Each voting paper must— (a) state the name of the independent scrutineer, (b) clearly specify the address to which, and the date by which, it is to be returned, (c) be given one of a series of consecutive whole numbers every one of which is used in giving a different number in that series to each voting paper printed or otherwise produced for the purposes of the ballot, and (d) be marked with its number. This subsection, in its application to a ballot in which merchant seamen to whom section 230(2A) applies are entitled to vote, shall have effect with the substitution, for the reference to the address to which the voting paper is to be returned, of a reference to the ship to which the seamen belong.

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• (3) After section 231A of that Act (which is inserted by section 19 above) there shall be inserted—

(231B) (1) The scrutineer’s report on the ballot shall state whether the scrutineer is satisfied— (a) that there are no reasonable grounds for believing that there was any contravention of a requirement imposed by or under any enactment in relation to the ballot, (b) that the arrangements made with respect to the production, storage, distribution, return or other handling of the voting papers used in the ballot, and the arrangements for the counting of the votes, included all such security arrangements as were reasonably practicable for the purpose of minimising the risk that any unfairness or malpractice might occur, and (c) that he has been able to carry out the functions conferred on him under section 226B(1) without any interference from the trade union or any of its members, officials or employees; and if he is not satisfied as to any of those matters, the report shall give particulars of his reason for not being satisfied as to that matter. (2) If at any time within six months from the date of the ballot— (a) any person entitled to vote in the ballot, or (b) the employer of any such person, requests a copy of the scrutineer’s report, the trade union must, as soon as practicable, provide him with one either free of charge or on payment of such reasonable fee as may be specified by the trade union.

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• (4) After section 226B of the 1992 Act there shall be inserted—

(226C) Nothing in section 226B, section 229(1A)(a) or section 231B shall impose a requirement on a trade union unless— (a) the number of members entitled to vote in the ballot, or (b) where separate workplace ballots are held in accordance with section 228(1), the aggregate of the number of members entitled to vote in each of them, exceeds 50.

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Notice of industrial action for employers

21

After section 234 of the 1992 Act there shall be inserted—

(234A) (1) An act done by a trade union to induce a person to take part, or continue to take part, in industrial action is not protected as respects his employer unless the union has taken or takes such steps as are reasonably necessary to ensure that the employer receives within the appropriate period a relevant notice covering the act. (2) Subsection (1) imposes a requirement in the case of an employer only if it is reasonable for the union to believe, at the latest time when steps could be taken to ensure that he receives such a notice, that he is the employer of persons who will be or have been induced to take part, or continue to take part, in the industrial action. (3) For the purposes of this section a relevant notice is a notice in writing which— (a) describes (so that he can readily ascertain them) the employees of the employer who the union intends to induce or has induced to take part, or continue to take part, in the industrial action (“the affected employees”), (b) states whether industrial action is intended to be continuous or discontinuous and specifies— (i) where it is to be continuous, the intended date for any of the affected employees to begin to take part in the action, (ii) where it is to be discontinuous, the intended dates for any of the affected employees to take part in the action, and (c) states that it is given for the purposes of this section. (4) For the purposes of subsection (1) the appropriate period is the period— (a) beginning with the day when the union satisfies the requirement of section 231A in relation to the ballot in respect of the industrial action, and (b) ending with the seventh day before the day, or before the first of the days, specified in the relevant notice. (5) For the purposes of subsection (1) a relevant notice covers an act done by the union if the person induced is one of the affected employees and— (a) where he is induced to take part or continue to take part in industrial action which the union intends to be continuous, if— (i) the notice states that the union intends the industrial action to be continuous, and (ii) there is no participation by him in the industrial action before the date specified in the notice in consequence of any inducement by the union not covered by a relevant notice; and (b) where he is induced to take part or continue to take part in industrial action which the union intends to be discontinuous, if there is no participation by him in the industrial action on a day not so specified in consequence of any inducement by the union not covered by a relevant notice. (6) For the purposes of this section— (a) a union intends industrial action to be discontinuous if it intends it to take place only on some days on which there is an opportunity to take the action, and (b) a union intends industrial action to be continuous if it intends it to be not so restricted. (7) Where— (a) continuous industrial action which has been authorised or endorsed by a union ceases to be so authorised or endorsed otherwise than to enable the union to comply with a court order or an undertaking given to a court, and (b) the industrial action has at a later date again been authorised or endorsed by the union (whether as continuous or discontinuous action), no relevant notice covering acts done to induce persons to take part in the earlier action shall operate to cover acts done to induce persons to take part in the action authorised or endorsed at the later date and this section shall apply in relation to an act to induce a person to take part, or continue to take part, in the industrial action after that date as if the references in subsection (3)(b)(i) to the industrial action were to the industrial action taking place after that date. (8) The requirement imposed on a trade union by subsection (1) shall be treated as having been complied with if the steps were taken by other relevant persons or committees whose acts were authorised or endorsed by the union and references to the belief or intention of the union in subsection (2) or, as the case may be, subsections (3), (5) and (6) shall be construed as references to the belief or the intention of the person or committee taking the steps. (9) The provisions of section 20(2) to (4) apply for the purpose of determining for the purposes of subsection (1) who are relevant persons or committees and whether the trade union is to be taken to have authorised or endorsed the steps the person or committee took and for the purposes of subsection (7) whether the trade union is to be taken to have authorised or endorsed the industrial action.

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Industrial action affecting supply of goods or services to an individual

22

After section 235 of the 1992 Act there shall be inserted—

(235A) (1) Where an individual claims that— (a) any trade union or other person has done, or is likely to do, an unlawful act to induce any person to take part, or to continue to take part, in industrial action, and (b) an effect, or a likely effect, of the industrial action is or will be to— (i) prevent or delay the supply of goods or services, or (ii) reduce the quality of goods or services supplied, to the individual making the claim, he may apply to the High Court or the Court of Session for an order under this section. (2) For the purposes of this section an act to induce any person to take part, or to continue to take part, in industrial action is unlawful— (a) if it is actionable in tort by any one or more persons, or (b) (where it is or would be the act of a trade union) if it could form the basis of an application by a member under section 62. (3) In determining whether an individual may make an application under this section it is immaterial whether or not the individual is entitled to be supplied with the goods or services in question. (4) Where on an application under this section the court is satisfied that the claim is well-founded, it shall make such order as it considers appropriate for requiring the person by whom the act of inducement has been, or is likely to be, done to take steps for ensuring— (a) that no, or no further, act is done by him to induce any persons to take part or to continue to take part in the industrial action, and (b) that no person engages in conduct after the making of the order by virtue of having been induced by him before the making of the order to take part or continue to take part in the industrial action. (5) Without prejudice to any other power of the court, the court may on an application under this section grant such interlocutory relief (in Scotland, such interim order) as it considers appropriate. (6) For the purposes of this section an act of inducement shall be taken to be done by a trade union if it is authorised or endorsed by the union; and the provisions of section 20(2) to (4) apply for the purposes of determining whether such an act is to be taken to be so authorised or endorsed. Those provisions also apply in relation to proceedings for failure to comply with an order under this section as they apply in relation to the original proceedings. (235B) (1) An individual who is an actual or prospective party to proceedings to which this section applies may apply to the Commissioner for Protection Against Unlawful Industrial Action (in this section and section 235C referred to as “the Commissioner”) for assistance in relation to the proceedings, and the Commissioner shall, as soon as reasonably practicable after receiving the application, consider it and decide whether and to what extent to grant it. (2) This section applies to proceedings or prospective proceedings to the extent that they consist in, or arise out of, an application to the court under section 235A brought with respect to an act of a trade union; but the Secretary of State may by order provide that this section shall also apply to such proceedings brought with respect to an act of a person other than a trade union. Any order shall be made by statutory instrument; and no such order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament. (3) The matters to which the Commissioner may have regard in determining whether, and to what extent, to grant an application under this section include— (a) whether it is unreasonable, having regard to the complexity of the case, to expect the applicant to deal with it unaided, and (b) whether, in the Commissioner’s opinion, the case involves a matter of substantial public interest or concern. (4) If the Commissioner decides not to provide assistance, he shall, as soon as reasonably practicable after making the decision, notify the applicant of his decision and, if he thinks fit, of the reasons for it. (5) If the Commissioner decides to provide assistance, he shall, as soon as reasonably practicable after making the decision— (a) notify the applicant, stating the extent of the assistance to be provided, and (b) give him a choice, subject to any restrictions specified in the notification, as to the financial arrangements to be made in connection with the provision of the assistance. (6) The assistance provided may include the making of arrangements for, or for the Commissioner to bear the costs of— (a) the giving of advice or assistance by a solicitor or counsel, and (b) the representation of the applicant, or the provision to him of such assistance as is usually given by a solicitor or counsel— (i) in steps preliminary or incidental to the proceedings, or (ii) in arriving at or giving effect to a compromise to avoid or bring an end to the proceedings. (235C) (1) Where assistance is provided under section 235B with respect to the conduct of proceedings— (a) it shall include an agreement by the Commissioner to indemnify the applicant (subject only to any exceptions specified in the notification) in respect of any liability to pay costs or expenses arising by virtue of any judgment or order of the court in the proceedings, (b) it may include an agreement by the Commissioner to indemnify the applicant in respect of any liability to pay costs or expenses arising by virtue of any compromise or settlement arrived at in respect of the matter in connection with which the assistance is provided in order to avoid or bring proceedings to an end, and (c) it may include an agreement by the Commissioner to indemnify the applicant in respect of any liability to pay damages pursuant to an undertaking given on the grant of interlocutory relief (in Scotland, an interim order) to the applicant. (2) Where the Commissioner provides assistance in relation to any proceedings, he shall do so on such terms, or make such other arrangements, as will secure that a person against whom the proceedings have been or are commenced is informed that assistance has been or is being provided by the Commissioner in relation to them. (3) In England and Wales, the recovery of expenses incurred by the Commissioner in providing an applicant with assistance (as taxed or assessed in such manner as may be prescribed by rules of court) shall constitute a first charge for the benefit of the Commissioner— (a) on any costs which, by virtue of any judgment or order of the court, are payable to the applicant by any other person in respect of the matter in connection with which the assistance is provided, and (b) on any sum payable to the applicant under a compromise or settlement arrived at in connection with that matter to avoid or bring proceedings to an end. (4) In Scotland, the recovery of such expenses (as taxed or assessed in such manner as may be prescribed by rules of court) shall be paid to the Commissioner, in priority to other debts— (a) out of any expenses which, by virtue of any judgment or order of the court, are payable to the applicant by any other person in respect of the matter in connection with which the assistance is provided, and (b) out of any sum payable to the applicant under a compromise or settlement arrived at in connection with that matter to avoid or bring proceedings to an end. (5) Where a person is receiving assistance in relation to proceedings, there shall, if he so wishes, be added after his name in the title of the proceedings the words (assisted by the Commissioner for Protection Against Unlawful Industrial Action ). (6) The addition of those words shall not be construed as making the Commissioner a party to the proceedings or as liable to be treated as a party for any purpose; and the omission of those words shall be treated as an irregularity only and shall not nullify the proceedings, any step taken in the proceedings or any document, judgment or order therein. (7) Where the Commissioner grants an application to a person who for the purposes of the application— (a) has made a statement which he knew to be false in a material particular, or (b) has recklessly made a statement which was false in a material particular, he is entitled to recover from that person any sum paid by him to that person, or to any other person, by way of assistance; but nothing in this subsection affects the power of the Commissioner to enter into any agreement he thinks fit as to the terms on which assistance is provided. (8) Nothing in section 235B or this section affects the law and practice regulating the description of persons who may appear in, conduct, defend and address the court in any proceedings. (9) In section 235B and this section “applicant”, in relation to assistance, means the individual on whose application the assistance is provided.

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Part II — Employment Rights

Maternity

Right to maternity leave and right to return to work

23

Dismissal rights

24

Rights on suspension on maternity grounds

25

Employment particulars

Right to employment particulars

26

Entitlement to itemised pay statement

27

Employment protection in health and safety cases

Rights to claim unfair dismissal and not to suffer detriment

28

Unfair dismissal: assertion of statutory right

Dismissal on ground of assertion of statutory right

29

Reinstatement orders: compensation

Compensation for unfair dismissal when reinstatement or re-engagement ordered

30

Service in armed forces

Application of 1978 Act to service in armed forces

31

Sex discrimination

Right to declaration of invalidity of discriminatory terms and rules

32

In section 6 of the Sex Discrimination Act 1986 (application of section 77 of the Sex Discrimination Act 1975, which provides for discriminatory terms of contracts to be void, to terms of collective agreements, employers’ rules and rules of certain organisations), after subsection (4) there shall be inserted—

(4A) A person to whom this subsection applies may present a complaint to an employment tribunal that a term or rule is void by virtue of subsection (1) of the said section 77 if he has reason to believe— (a) that the term or rule may at some future time have effect in relation to him, and (b) where he alleges that it is void by virtue of paragraph (c) of that subsection, that— (i) an act for the doing of which it provides may at some such time be done in relation to him, and (ii) the act would be, or be deemed by virtue of subsection (3) above to be, rendered unlawful by the 1975 Act if done in relation to him in present circumstances. (4B) In the case of a complaint about— (a) a term of a collective agreement made by or on behalf of— (i) an employer, (ii) an organisation of employers of which an employer is a member, or (iii) an association of such organisations of one of which an employer is a member, or (b) a rule made by an employer, subsection (4A) applies to any person who is, or is genuinely and actively seeking to become, one of his employees. (4C) In the case of a complaint about a rule made by an organisation, authority or body to which subsection (2) above applies, subsection (4A) applies to any person— (a) who is, or is genuinely and actively seeking to become, a member of the organisation, authority or body, (b) on whom the organisation, authority or body has conferred an authorisation or qualification, or (c) who is genuinely and actively seeking an authorisation or qualification which the organisation, authority or body has power to confer. (4D) When an employment tribunal finds that a complaint presented to it under subsection (4A) above is well-founded the tribunal shall make an order declaring that the term or rule is void.

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Transfer and redundancy rights

Amendments of transfer of undertakings regulations

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Redundancy consultation procedures

34

• (1) Chapter II of Part IV of the 1992 Act (procedure for handling redundancies) shall be amended in accordance with subsections (2) to (5) below.

• (2) In section 188 (duty of employer to consult trade union representatives)—

• (a) in subsection (4) (information to be disclosed to representatives), after paragraph (e) there shall be inserted

and (f) the proposed method of calculating the amount of any redundancy payments to be made (otherwise than in compliance with an obligation imposed by or by virtue of any enactment) to employees who may be dismissed.

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• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) at the end of subsection (7) (exception from requirements in special circumstances) there shall be inserted—

“ Where the decision leading to the proposed dismissals is that of a person controlling the employer (directly or indirectly), a failure on the part of that person to provide information to the employer shall not constitute special circumstances rendering it not reasonably practicable for the employer to comply with such a requirement. ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 193 (duty of employer to notify Secretary of State of certain redundancies), at the end of subsection (7) (exception from requirements in special circumstances) there shall be inserted—

“ Where the decision leading to the proposed dismissals is that of a person controlling the employer (directly or indirectly), a failure on the part of that person to provide information to the employer shall not constitute special circumstances rendering it not reasonably practicable for the employer to comply with any of those requirements. ”.

• (5) For section 195 there shall be substituted—

(195) (1) In this Chapter references to dismissal as redundant are references to dismissal for a reason not related to the individual concerned or for a number of reasons all of which are not so related. (2) For the purposes of any proceedings under this Chapter, where an employee is or is proposed to be dismissed it shall be presumed, unless the contrary is proved, that he is or is proposed to be dismissed as redundant.

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• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — Other Employment Matters

Abolition of right to statutory minimum remuneration

Repeal of Part II of Wages Act 1986

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Constitution and jurisdiction of tribunals

Constitution of industrial tribunals

36

Constitution of Employment Appeal Tribunal

37

Extension of power to confer on industrial tribunals jurisdiction in respect of contracts of employment etc

38

Agreements not to take proceedings before industrial tribunal

39

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Schedule 6 to this Act shall have effect for making corresponding amendments in ... the Trade Union and Labour Relations (Consolidation) Act 1992.

Restriction of publicity in cases involving sexual misconduct: industrial tribunals

40

Restriction of publicity in cases involving sexual misconduct: Employment Appeal Tribunal

41

Restriction of vexatious proceedings

42

ACAS

Functions of ACAS

43

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) For section 213 of the 1992 Act (powers of ACAS to give advice) there shall be substituted—

(213) (1) ACAS may, on request or otherwise, give employers, employers’ associations, workers and trade unions such advice as it thinks appropriate on matters concerned with or affecting or likely to affect industrial relations. (2) ACAS may also publish general advice on matters concerned with or affecting or likely to affect industrial relations.

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• (3) In section 249(2) of the 1992 Act (chairman to be full time, but other members full or part time), the first sentence shall be omitted, and, in the second sentence, after the word as, in the first place where it occurs, there shall be inserted the words “ chairman, or as ”.

Fees for exercise of functions by ACAS

44

After section 251 of the 1992 Act there shall be inserted the following section—

(251A) (1) ACAS may, in any case in which it thinks it appropriate to do so, but subject to any directions under subsection (2) below, charge a fee for exercising a function in relation to any person. (2) The Secretary of State may direct ACAS to charge fees, in accordance with the direction, for exercising any function specified in the direction, but the Secretary of State shall not give a direction under this subsection without consulting ACAS. (3) A direction under subsection (2) above may require ACAS to charge fees in respect of the exercise of a function only in specified descriptions of case. (4) A direction under subsection (2) above shall specify whether fees are to be charged in respect of the exercise of any specified function— (a) at the full economic cost level, or (b) at a level less than the full economic cost but not less than a specified proportion or percentage of the full economic cost. (5) Where a direction requires fees to be charged at the full economic cost level ACAS shall fix the fee for the case at an amount estimated to be sufficient to cover the administrative costs of ACAS of exercising the function including an appropriate sum in respect of general staff costs and overheads. (6) Where a direction requires fees to be charged at a level less than the full economic cost ACAS shall fix the fee for the case at such amount, not being less than the proportion or percentage of the full economic cost specified under subsection (4)(b) above, as it thinks appropriate (computing that cost in the same way as under subsection (5) above). (7) No liability to pay a fee charged under this section shall arise on the part of any person unless ACAS has notified that person that a fee may or will be charged. (8) For the purposes of this section— (a) a function is exercised “in relation to” a person who avails himself of the benefit of its exercise, whether or not he requested its exercise and whether the function is such as to be exercisable in relation to particular persons only or in relation to persons generally; and (b) where a function is exercised in relation to two or more persons the fee chargeable for its exercise shall be apportioned among them as ACAS thinks appropriate.

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Careers services

Careers services

45

For sections 8 to 10 of the Employment and Training Act 1973 (careers services of education authorities) and the heading immediately preceding them there shall be substituted—

(8) (1) It shall be the duty of the Secretary of State to secure the provision of relevant services for assisting persons undergoing relevant education to decide— (a) what employments, having regard to their capabilities, will be suitable for and available to them when they cease undergoing such education, and (b) what training or education is or will be required by and available to them in order to fit them for those employments, and for assisting persons ceasing to undergo relevant education to obtain such employments, training and education. (2) In subsection (1) of this section and section 9 of this Act “relevant services” means— (a) giving of assistance by collecting, or disseminating or otherwise providing, information about persons seeking, obtaining or offering employment, training and education, (b) offering advice and guidance, and (c) other services calculated to facilitate the provision of any services specified in paragraphs (a) and (b) of this subsection. (3) In this section and section 9 of this Act “relevant education” means— (a) education involving full-time attendance at any educational institution in Great Britain, other than an educational institution within the higher education sector, and (b) education involving part-time attendance at any educational institution in Great Britain, other than an educational institution within the higher education sector, which is education of a description commonly undergone by persons in order to fit them for employment. (4) The references in subsection (3) of this section to an educational institution within the higher education sector shall be construed— (a) as respects England and Wales, in accordance with section 91(5) of the Further and Higher Education Act 1992 or, if this section is in force at any time before section 65 of that Act comes into force, in accordance with section 61(3)(a) of that Act until that section comes into force, and (b) as respects Scotland, in accordance with section 56(2) of the Further and Higher Education (Scotland) Act 1992. (9) The Secretary of State shall have power to secure the provision of relevant services, or any description of relevant services, for assisting persons other than those undergoing relevant education, or any description of such persons, to decide— (a) what employments, having regard to their capabilities, are or will be suitable for and available to them, and (b) what training or education is or will be required by and available to them in order to fit them for those employments, and for assisting those persons to obtain such employments, training and education. (10) (1) The Secretary of State may perform the duty imposed on him by section 8 of this Act, and exercise the power conferred on him by section 9 of this Act, by making arrangements with— (a) local education authorities or (in Scotland) education authorities, (b) persons of any other description, or (c) local education authorities or education authorities and persons of any other description acting jointly, under which they undertake to provide, or arrange for the provision of, services in accordance with the arrangements; and in doing so the Secretary of State shall have regard to the requirements of disabled persons. (2) The Secretary of State may also perform the duty imposed on him by section 8 of this Act, and exercise the power conferred on him by section 9 of this Act, by giving directions to local education authorities or education authorities requiring them to provide, or arrange for the provision of, services in accordance with the directions; and in doing so the Secretary of State shall have regard to the requirements of disabled persons. (3) Directions given under this section may require local education authorities and education authorities— (a) to provide services themselves or jointly with other authorities or persons, (b) to arrange for the provision of services by other authorities or persons, or (c) to consult and co-ordinate in the provision, or in arranging for the provision, of services with other authorities or persons. (4) Arrangements made, and directions given, under this section may include provision for the making of payments by the Secretary of State, whether by way of grant or loan or otherwise, to the persons with whom they are made or to whom they are given. (5) Arrangements made, and directions given, under this section in exercise of the power conferred by section 9 of this Act may include provision permitting the making of charges for the provision of the services to which they relate. (6) Arrangements made, and directions given, under this section shall require the person with whom they are made or to whom they are given— (a) to provide, or arrange for the provision, of services in accordance with such guidance of a general character as the Secretary of State may give, and (b) to furnish the Secretary of State, in such manner and at such times as he may specify in the arrangements or directions or in guidance given under paragraph (a) of this subsection, with such information and facilities for obtaining information as he may so specify. (7) The Secretary of State may give directions to local education authorities and education authorities requiring them to transfer (on such terms as may be specified in the directions) to any persons who are providing, or are to provide, services in accordance with arrangements made, or directions given, under this section any records of the authorities which may be relevant in the provision of the services. (8) Local education authorities and education authorities shall have power— (a) to provide services or arrange for the provision of services in accordance with arrangements made, or directions given, under this section (including services provided outside their areas) by any such means (including by the formation of companies for the purpose) as they consider appropriate, and (b) to employ officers and provide facilities for and in connection with the provision of the services or arranging for the provision of the services; but, where directions are given to local education authorities and education authorities, the power conferred on them by this subsection shall be exercised in accordance with the directions. (9) Where services are being provided in pursuance of arrangements made, or directions given, under this section, the authority with whom the arrangements are made or to whom the directions have been given shall have power, with the consent of the Secretary of State, to provide, or arrange for the provision of, more extensive (relevant) services than the arrangements authorise or the directions require and to employ more officers and provide more facilities accordingly. (10) Nothing in sections 8 and 9 and this section shall make it unlawful for a local education authority or education authority to defray the cost of exercising their powers under this section from resources other than payments of the Secretary of State. (11) A direction given under this section may be revoked or varied by another direction so given. (12) Nothing in this section shall be taken to limit the arrangements which may be made under section 2 of this Act.

.

Careers services: ancillary services

46

After section 10 of the Employment and Training Act 1973 (which is inserted by section 45 above) there shall be inserted—

(10A) (1) The functions of a local education authority or education authority shall include power to enter into agreements for the supply of goods or services authorised by this section with any person (other than an authority) who provides, or arranges for the provision of, relevant services and is a person with whom this section authorises such arrangements to be made. (2) This section authorises the making of such arrangements with any person— (a) who, under arrangements (or joint arrangements) made with that person under section 10(1) or (3) of this Act provides, or arranges for the provision of, the services; (b) who provides the services jointly with an authority under section 10(3) of this Act; (c) who is the means by which, under section 10(8), an authority provides, or arranges for the provision of, the services. (3) Subject to subsections (4), (5) and (6) below, this section authorises— (a) the supply by the authority to the person of any goods; (b) the provision by the authority for the person of any administrative, professional or technical services; (c) the use by the person of any vehicle, plant or apparatus belonging to the authority and, without prejudice to paragraph (b) above, the placing at the disposal of the person of the services of any person employed in connection with the vehicle or other property in question; (d) the carrying out by the authority of works of maintenance in connection with land or buildings for the maintenance of which the person is responsible; and the authority may purchase and store any goods which in their opinion they may require for the purposes of paragraph (a) above. (4) The supply by an authority of goods or services to any person is authorised by this section only for the purpose of the provision by that person of relevant services. (5) The supply by an authority of goods or services to any person is authorised by this section only during the period of two years beginning with the day on which that person first provides relevant services in the area of that authority. (6) Goods and services shall be supplied on such terms as can reasonably be expected to secure that the full cost of making the supply is recovered by the authority. (7) The supply by an authority of goods or services to any person is authorised outside as well as within the area of that authority. (8) This section is without prejudice to the generality of any other enactment conferring functions on local education authorities or education authorities. (9) In this section— - “goods” includes materials; and - “relevant services” has the meaning given in section 8(2) of this Act.

.

Training etc. in Scotland

Employment and training functions of Scottish Enterprise and Highlands and Islands Enterprise

47

• (1) In section 2 of the Employment and Training Act 1973 (functions of the Secretary of State), after subsection (3) there shall be inserted—

(3A) Without prejudice to subsection (2)(f) of this section, the Secretary of State may wholly or partly perform his duty under subsection (1) of this section in relation to Scotland by authorising or directing Scottish Enterprise or Highlands and Islands Enterprise to act on his behalf— (a) in the making of arrangements under this section in such cases or for such purposes as may be specified in or determined under the authorisation or direction; (b) in the taking of such steps for the purposes of, or in connection with, the carrying out of any arrangements under this section (including any made otherwise than by Scottish Enterprise or Highlands and Islands Enterprise) as may be so specified or determined, and the power under this subsection to give authorisations or directions shall include power to revoke or vary any authorisation or direction so given. (3B) Where Scottish Enterprise or Highlands and Islands Enterprise make arrangements under this section in pursuance of an authorisation or direction made by the Secretary of State under subsection (3A)(a) above, they shall, at such times as the Secretary of State may require, report to him what provision, if any, they have included in those arrangements in relation to disabled persons.

.

• (2) The Enterprise and New Towns (Scotland) Act 1990 shall be amended in accordance with the following provisions of this section.

• (3) In paragraphs (a)(ii) and (b)(ii) of section 1 (Scottish Enterprise and Highlands and Islands Enterprise), after the word Act, there shall be inserted the words “ maintaining and ”.

• (4) In section 2 (functions in relation to training for employment etc.)—

• (a) in subsection (3), after paragraph (c) there shall be inserted

; and (d) providing temporary employment for persons who are without employment.

, and

• (b) in subsection (4), for the word training, in both places where it occurs, there shall be substituted the words “ employment and training ”.

• (5) After section 14 there shall be inserted—

(14A) (1) Without prejudice to the foregoing provisions of this Act, the functions of each of Scottish Enterprise and Highlands and Islands Enterprise shall include— (a) a power to do anything in connection with unemployment, training for employment or employment which it is authorised to do by a Minister of the Crown; and (b) a duty to do anything in connection with unemployment, training for employment or employment which it is required to do by or under a direction given to it by a Minister of the Crown. (2) Scottish Enterprise and Highlands and Islands Enterprise shall each— (a) from time to time submit to the Secretary of State particulars of what it proposes to do for the purpose of carrying out the functions conferred or imposed upon it by or under subsection (1) above; and (b) ensure that all its activities in relation to those functions are in accordance with such proposals submitted by it to the Secretary of State as have been approved by him and with such modifications (if any) of those proposals as are notified to the body in question by him. (3) The power of a Minister of the Crown by virtue of subsection (1) above to authorise or direct Scottish Enterprise or Highlands and Islands Enterprise to do anything shall include the power to delegate powers conferred on him by any enactment; but nothing in this section shall authorise any Minister of the Crown to delegate a power to make subordinate legislation (within the meaning of the Interpretation Act 1978).

.

Part IV — Supplementary

Interpretation

48

In this Act—

• “the 1978 Act” means the Employment Protection (Consolidation) Act 1978, and

• “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992.

Miscellaneous and consequential amendments

49

• (1) The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments there specified (which are miscellaneous amendments).

• (2) The enactments specified in Schedule 8 to this Act shall have effect subject to the amendments there specified (which are consequential amendments).

Transitional provisions and savings

50

The transitional provisions and savings set out in Schedule 9 to this Act shall have effect.

Repeals and revocations

51

The enactments mentioned in Schedule 10 to this Act (which include enactments which are unnecessary) are repealed, and the instruments mentioned in that Schedule are revoked, to the extent specified in the third column of that Schedule.

Commencement

52

Subject to any other commencement provision, the preceding sections of, and the Schedules to, this Act shall not come into force until such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be appointed for different provisions and different purposes.

Financial provision

53

There shall be paid out of money provided by Parliament—

• (a) any expenditure of the Secretary of State under this Act, and

• (b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

Northern Ireland

54

• (1) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes to which this subsection applies—

• (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but

• (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) The purposes to which subsection (1) above applies are purposes corresponding to those of—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) section 32,

• (g) section 34,

• (h) section 35,

• (i) sections 36, 38 and 39 and Schedule 6,

• (j) section 40, and

• (k) this Part (including Schedules 7, 8, 9 and 10).

• (3) The following provisions of this Act (and no others) extend to Northern Ireland—

• (a) section 3 and Schedule 1 (but only for the purposes of their application to trade unions and unincorporated employers’ associations having their head or main office outside Northern Ireland),

• (b) sections 33, 48, 49, 50, 51, 52 and 55 and this section,

• (c) paragraphs 2, 6 and 7 of Schedule 8,

• (d) paragraphs 1 and 4 of Schedule 9, and

• (e) Schedule 10 so far as it relates to enactments or instruments which extend there.

Short title

55

This Act may be cited as the Trade Union Reform and Employment Rights Act 1993.

SCHEDULE 1

1

In section 74(3) of the 1992 Act (requirements which Certification Officer must be satisfied would be met in relation to political fund ballot held by trade union in accordance with its rules), after the entry relating to section 77 there shall be inserted— “ section 77A (counting of votes etc. by independent person), and ”.

2

In section 75 of that Act (appointment of independent scrutineer for political fund ballot)—

• (a) in paragraph (a) (scrutineer to supervise certain matters) of subsection (3) (terms of appointment of scrutineer), for the words and distribution of the voting papers there shall be substituted the words “ of the voting papers and (unless he is appointed under section 77A to undertake the distribution of the voting papers) their distribution ”,

• (b) after that paragraph there shall be inserted—

(aa) to— (i) inspect the register of names and addresses of the members of the trade union, or (ii) examine the copy of the register as at the relevant date which is supplied to him in accordance with subsection (5A)(a), whenever it appears to him appropriate to do so and, in particular, when the conditions specified in subsection (3A) are satisfied;

,

• (c) in paragraph (d) (scrutineer to retain custody of voting papers) of that subsection—

• (i) after the words purposes of the ballot there shall be inserted the words “ and the copy of the register supplied to him in accordance with subsection (5A)(a) ”, and

• (ii) after the words of the papers there shall be inserted the words “ or copy ”,

• (d) after that subsection there shall be inserted—

(3A) The conditions referred to in subsection (3)(aa) are— (a) that a request that the scrutineer inspect the register or examine the copy is made to him during the appropriate period by a member of the trade union who suspects that the register is not, or at the relevant date was not, accurate and up-to-date, and (b) that the scrutineer does not consider that the member’s suspicion is ill-founded. (3B) In subsection (3A) “the appropriate period” means the period— (a) beginning with the day on which the scrutineer is appointed, and (b) ending with the day before the day on which the scrutineer makes his report to the trade union. (3C) The duty of confidentiality as respects the register is incorporated in the scrutineer’s appointment.

,

• (e) after subsection (5) there shall be inserted—

(5A) The trade union shall— (a) supply to the scrutineer as soon as is reasonably practicable after the relevant date a copy of the register of names and addresses of its members as at that date, and (b) comply with any request made by the scrutineer to inspect the register. (5B) Where the register is kept by means of a computer the duty imposed on the trade union by subsection (5A)(a) is either to supply a legible printed copy or (if the scrutineer prefers) to supply a copy of the computer data and allow the scrutineer use of the computer to read it at any time during the period when he is required to retain custody of the copy.

, and

• (f) after subsection (7) there shall be inserted—

(8) In this section “the relevant date” means— (a) where the trade union has rules determining who is entitled to vote in the ballot by reference to membership on a particular date, that date, and (b) otherwise, the date, or the last date, on which voting papers are distributed for the purposes of the ballot.

.

3

After section 77 of that Act there shall be inserted—

(77A) (1) The trade union shall ensure that— (a) the storage and distribution of the voting papers for the purposes of the ballot, and (b) the counting of the votes cast in the ballot, are undertaken by one or more independent persons appointed by the union. (2) A person is an independent person in relation to a ballot if— (a) he is the scrutineer, or (b) he is a person other than the scrutineer and the trade union has no grounds for believing either that he will carry out any functions conferred on him in relation to the ballot otherwise than competently or that his independence in relation to the union, or in relation to the ballot, might reasonably be called into question. (3) An appointment under this section shall require the person appointed to carry out his functions so as to minimise the risk of any contravention of requirements imposed by or under any enactment or the occurrence of any unfairness or malpractice. (4) The duty of confidentiality as respects the register is incorporated in an appointment under this section. (5) Where the person appointed to undertake the counting of votes is not the scrutineer, his appointment shall require him to send the voting papers back to the scrutineer as soon as reasonably practicable after the counting has been completed. (6) The trade union— (a) shall ensure that nothing in the terms of an appointment under this section is such as to make it reasonable for any person to call into question the independence of the person appointed in relation to the union, (b) shall ensure that a person appointed under this section duly carries out his functions and that there is no interference with his carrying out of those functions which would make it reasonable for any person to call into question the independence of the person appointed in relation to the union, and (c) shall comply with all reasonable requests made by a person appointed under this section for the purposes of, or in connection with, the carrying out of his functions.

.

4

In section 78 of that Act (scrutineer’s report on ballot)—

• (a) in subsection (1), after paragraph (d) there shall be inserted

and (e) the name of the person (or of each of the persons) appointed under section 77A or, if no person was so appointed, that fact.

,

• (b) in subsection (2)(b), after the word made there shall be inserted “ (whether by him or any other person) ”, and

• (c) after that subsection there shall be inserted—

(2A) The report shall also state— (a) whether the scrutineer— (i) has inspected the register of names and addresses of the members of the trade union, or (ii) has examined the copy of the register as at the relevant date which is supplied to him in accordance with section 75(5A)(a), (b) if he has, whether in the case of each inspection or examination he was acting on a request by a member of the trade union or at his own instance, (c) whether he declined to act on any such request, and (d) whether any inspection of the register, or any examination of the copy of the register, has revealed any matter which he considers should be drawn to the attention of the trade union in order to assist it in securing that the register is accurate and up-to-date, but shall not state the name of any member who has requested such an inspection or examination. (2B) Where one or more persons other than the scrutineer are appointed under section 77A, the statement included in the scrutineer’s report in accordance with subsection (2)(b) shall also indicate— (a) whether he is satisfied with the performance of the person, or each of the persons, so appointed, and (b) if he is not satisfied with the performance of the person, or any of them, particulars of his reasons for not being so satisfied.

.

SCHEDULE 2

Right to return to work

Right to return to work.

39

• (1) An employee who—

• (a) has the right conferred by section 33, and

• (b) has, at the beginning of the eleventh week before the expected week of childbirth, been continuously employed for a period of not less than two years,

shall also have the right to return to work at any time during the period beginning at the end of her maternity leave period and ending twenty-nine weeks after the beginning of the week in which childbirth occurs.

• (2) An employee’s right to return to work under this section is the right to return to work with the person who was her employer before the end of her maternity leave period, or (where appropriate) his successor, in the job in which she was then employed—

• (a) on terms and conditions as to remuneration not less favourable than those which would have been applicable to her had she not been absent from work at any time since the commencement of her maternity leave period,

• (b) with her seniority, pension rights and similar rights as they would have been if the period or periods of her employment prior to the end of her maternity leave period were continuous with her employment following her return to work (but subject to the requirements of paragraph 5 of Schedule 5 to the Social Security Act 1989 (credit for the period of absence in certain cases)), and

• (c) otherwise on terms and conditions no less favourable than those which would have been applicable to her had she not been absent from work after the end of her maternity leave period.

• (3) The Secretary of State may by order vary the period of two years specified in subsection (1) or that period as so varied.

• (4) No order shall be made under subsection (3) unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

Requirement to give notice of return to employer.

40

• (1) An employee shall not have the right to return to work under section 39 unless she includes with the information required by section 37(1) the information that she intends to exercise the right.

• (2) Where, not earlier than twenty-one days before the end of her maternity leave period, an employee is requested in accordance with subsection (3) by her employer, or a successor of his, to give him written confirmation that she intends to exercise the right to return to work under section 39, the employee shall not be entitled to that right unless she gives the requested confirmation within fourteen days of receiving the request or, if that is not reasonably practicable, as soon as is reasonably practicable.

• (3) A request under subsection (2) shall be—

• (a) made in writing, and

• (b) accompanied by a written statement of the effect of that subsection.

Special provision where redundancies occur before return to work.

41

• (1) Where an employee has the right to return to work under section 39, but it is not practicable by reason of redundancy for the employer to permit her to return in accordance with that right, she shall be entitled, where there is a suitable available vacancy, to be offered alternative employment with her employer (or his successor), or an associated employer, under a new contract of employment complying with subsection (2).

• (2) The new contract of employment must be such that—

• (a) the work to be done under the contract is of a kind which is both suitable in relation to the employee and appropriate for her to do in the circumstances; and

• (b) the provisions of the new contract as to the capacity and place in which she is to be employed and as to the other terms and conditions of her employment are not substantially less favourable to her than if she had returned to work pursuant to her right to return.

Exercise of right to return to work.

42

• (1) An employee shall exercise the right to return to work under section 39 by giving written notice to the employer (who may be her employer before the end of her maternity leave period or a successor of his) at least twenty-one days before the day on which she proposes to return of her proposal to return on that day (the “notified day of return”).

• (2) An employer may postpone an employee’s return to work until a date not more than four weeks after the notified day of return if he notifies her before that day that for specified reasons he is postponing her return until that date, and accordingly she will be entitled to return to work with him on that date.

• (3) Subject to subsection (4), an employee may—

• (a) postpone her return to work until a date not exceeding four weeks from the notified day of return, notwithstanding that that date falls after the end of the period of twenty-nine weeks beginning with the week in which childbirth occurred; and

• (b) where no day of return has been notified to the employer, extend the time during which she may exercise her right to return in accordance with subsection (1), so that she returns to work not later than four weeks from the end of that period of twenty-nine weeks;

if, before the notified day of return (or the end of the period of twenty-nine weeks), she gives the employer a certificate from a registered medical practitioner stating that by reason of disease or bodily or mental disablement she will be incapable of work on the notified day of return (or the end of that period).

• (4) Where an employee has once exercised a right of postponement or extension under subsection (3)(a) or (b), she shall not again be entitled to exercise a right of postponement or extension under that subsection in connection with the same return to work.

• (5) If an employee has notified a day of return but there is an interruption of work (whether due to industrial action or some other reason) which renders it unreasonable to expect the employee to return to work on the notified day of return, she may instead return to work when work resumes after the interruption or as soon as reasonably practicable afterwards.

• (6) If—

• (a) no day of return has been notified,

• (b) there is an interruption of work (whether due to industrial action or some other reason) which renders it unreasonable to expect the employee to return to work before the end of the period of twenty-nine weeks beginning with the week in which childbirth occurred, or which appears likely to have that effect, and

• (c) in consequence, the employee does not notify a day of return,

the employee may exercise her right to return in accordance with subsection (1) so that she returns to work at any time before the end of the period of twenty-eight days from the end of the interruption notwithstanding that she returns to work outside the period of twenty-nine weeks.

• (7) Where the employee has either—

• (a) exercised the right under subsection (3)(b) to extend the period during which she may exercise her right to return; or

• (b) refrained from notifying the day of return in the circumstances described in subsection (6),

the other of those subsections shall apply as if for the reference to the end of the period of twenty-nine weeks there were substituted a reference to the end of the further period of four weeks or, as the case may be, of the period of twenty-eight days from the end of the interruption of work.

Supplementary.

43

• (1) Schedule 2 shall have effect for the purpose of supplementing the preceding sections in relation to an employee’s right to return to work under section 39.

• (2) Sections 56 and 86 also have effect for that purpose.

• (3) Subject to subsection (4), in sections 56 and 86 and Schedule 2 “notified day of return” has the same meaning as in section 42.

• (4) Where—

• (a) an employee’s return is postponed under subsection (2) or (3)(a) of section 42, or

• (b) the employee returns to work on a day later than the notified day of return in the circumstances described in subsection (5) of that section,

then, subject to subsection (4) of that section, references in those subsections and in sections 56 and 86 and Schedule 2 to the notified day of return shall be construed as references to the day to which the return is postponed or that later day.

Contractual rights.

44

• (1) An employee who has the right to return to work under section 39 and a right to return to work after absence because of pregnancy or childbirth under a contract of employment or otherwise may not exercise the two rights separately but may, in returning to work, take advantage of whichever right is, in any particular respect, the more favourable.

• (2) The provisions of sections 39, 41 to 43, 56 and 86 and paragraphs 1 to 4 and 6 of Schedule 2 shall apply, subject to any modifications necessary to give effect to any more favourable contractual terms, to the exercise of the composite right described in subsection (1) as they apply to the exercise of the right to return to work under section 39.

SCHEDULE 3

Suspension from work on maternity grounds

Suspension from work on maternity grounds

45

• (1) For the purposes of sections 46 and 47 an employee is suspended on maternity grounds where, in consequence of—

• (a) any requirement imposed by or under any relevant provision of any enactment or of any instrument made under any enactment, or

• (b) any recommendation in any relevant provision of a code of practice issued or approved under section 16 of the Health and Safety at Work etc. Act 1974,

she is suspended from work by her employer on the ground that she is pregnant, has recently given birth or is breastfeeding a child.

• (2) For the purposes of this section, sections 46 and 47 and section 61 an employee shall be regarded as suspended from work only if, and so long as, she continues to be employed by her employer, but is not provided with work or (disregarding alternative work for the purposes of section 46) does not perform the work she normally performed before the suspension.

• (3) For the purposes of subsection (1) a provision is a “relevant provision” if it is for the time being specified as a relevant provision in an order made by the Secretary of State under this subsection.

Right to offer of alternative work

46

• (1) Where an employer has available suitable alternative work for an employee the employee has a right to be offered to be provided with it before being suspended on maternity grounds.

• (2) For alternative work to be suitable for an employee for the purposes of this section—

• (a) the work must be of a kind which is both suitable in relation to her and appropriate for her to do in the circumstances; and

• (b) the terms and conditions applicable to her for performing the work, if they differ from the corresponding terms and conditions applicable to her for performing the work she normally performs under her contract of employment, must not be substantially less favourable to her than those corresponding terms and conditions.

• (3) An employee may present a complaint to an industrial tribunal that her employer has failed to offer to provide her with work in contravention of subsection (1).

• (4) An industrial tribunal shall not entertain a complaint under subsection (3) unless it is presented to the tribunal before the end of the period of three months beginning with the first day of the suspension, or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented within the period of three months.

• (5) Where the tribunal finds the complaint well-founded it may make an award of compensation to be paid by the employer to the employee.

• (6) The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to the infringement of the complainant’s right under subsection (1) by the employer’s failure complained of and to any loss sustained by the complainant which is attributable to that failure.

Right to remuneration on suspension

47

• (1) An employee who is suspended on maternity grounds shall be entitled to be paid remuneration by her employer while she is so suspended.

• (2) An employee shall not be entitled to remuneration under this section in respect of any period during which her employer has offered to provide her with work which is suitable alternative work for the purposes of section 46 and the employee has unreasonably refused to perform that work.

• (3) The amount of remuneration payable by an employer to an employee under this section shall be a week’s pay in respect of each week of the period of suspension; and if in any week remuneration is payable in respect only of part of that week the amount of a week’s pay shall be reduced proportionately.

• (4) Subject to subsection (5), a right to remuneration under this section shall not affect any right of an employee in relation to remuneration under her contract of employment (in subsection (5) referred to as “contractual remuneration”).

• (5) Any contractual remuneration paid by an employer to an employee in respect of any period shall go towards discharging the employer’s liability under this section in respect of that period; and, conversely, any payment of remuneration in discharge of an employer’s liability under this section in respect of any period shall go towards discharging any obligation of the employer to pay contractual remuneration in respect of that period.

• (6) An employee may present a complaint to an industrial tribunal that her employer has failed to pay the whole or any part of remuneration to which she is entitled under this section.