Trade Union Reform and Employment Rights Act 1993

• (7) An industrial tribunal shall not entertain a complaint relating to remuneration under this section in respect of any day unless the complaint is presented to the tribunal before the end of the period of three months beginning with that day, 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.

• (8) Where an industrial tribunal finds a complaint under subsection (6) well-founded the tribunal shall order the employer to pay the complainant the amount of remuneration which it finds is due to her.

SCHEDULE 4

Part I — Employment Particulars

Written particulars of employment

Employer’s duty to give statement of employment particulars

1

• (1) Not later than two months after the beginning of an employee’s employment with an employer, the employer shall give to the employee a written statement which may, subject to subsection (3) of section 2, be given in instalments before the end of that period.

• (2) The statement shall contain particulars of—

• (a) the names of the employer and employee,

• (b) the date when the employment began, and

• (c) the date on which the employee’s period of continuous employment began (taking into account any employment with a previous employer which counts towards that period).

• (3) The statement shall also contain particulars, as at a specified date not more than seven days before the statement or instalment of the statement containing them is given, of—

• (a) the scale or rate of remuneration or the method of calculating remuneration,

• (b) the intervals at which remuneration is paid (that is, weekly, monthly or other specified intervals),

• (c) any terms and conditions relating to hours of work (including any terms and conditions relating to normal working hours),

• (d) any terms and conditions relating to any of the following—

• (i) entitlement to holidays, including public holidays, and holiday pay (the particulars given being sufficient to enable the employee’s entitlement, including any entitlement to accrued holiday pay on the termination of employment, to be precisely calculated),

• (ii) incapacity for work due to sickness or injury, including any provision for sick pay, and

• (iii) pensions and pension schemes,

• (e) the length of notice which the employee is obliged to give and entitled to receive to terminate his contract of employment,

• (f) the title of the job which the employee is employed to do or a brief description of the work for which the employee is employed,

• (g) where the employment is not intended to be permanent, the period for which it is expected to continue or, if it is for a fixed term, the date when it is to end,

• (h) either the place of work or, where the employee is required or permitted to work at various places, an indication of that and of the address of the employer,

• (j) any collective agreements which directly affect the terms and conditions of the employment including, where the employer is not a party, the persons by whom they were made, and

• (k) where the employee is required to work outside the United Kingdom for a period of more than one month—

• (i) the period for which he is to work outside the United Kingdom,

• (ii) the currency in which remuneration is to be paid while he is working outside the United Kingdom,

• (iii) any additional remuneration payable to him, and any benefits to be provided to or in respect of him, by reason of his being required to work outside the United Kingdom, and

• (iv) any terms and conditions relating to his return to the United Kingdom.

• (4) Subsection (3)(d)(iii) shall not apply to the employees of any body or authority if—

• (a) the employees' pension rights depend on the terms of a pension scheme established under any provision contained in or having effect under any Act of Parliament, and

• (b) the body or authority are required by any such provision to give to new employees information concerning their pension rights or the determination of questions affecting their pension rights.

Section 1: supplementary

2

• (1) If, in the case of a statement under section 1, there are no particulars to be entered under any of the heads of paragraph (d) or (k) of subsection (3) of that section, or under any of the other paragraphs of subsection (2) or (3) of that section, that fact shall be stated.

• (2) A statement under section 1—

• (a) may refer the employee to the provisions of some other document which—

• (i) the employee has reasonable opportunities of reading in the course of his employment, or

• (ii) is made reasonably accessible to him in some other way,

for particulars of any of the matters specified in heads (ii) and (iii) of paragraph (d) of subsection (3) of section 1, and

• (b) may refer the employee to the law, or, subject to subsection (3), to the provisions of any collective agreement which directly affects the terms and conditions of the employment, for particulars of either of the matters specified in paragraph (e) of that subsection.

• (3) A statement under section 1 may refer the employee to the provisions of a collective agreement under subsection (2)(b) if, and only if, it is an agreement which—

• (a) the employee has reasonable opportunities of reading in the course of his employment, or

• (b) is made reasonably accessible to him in some other way.

• (4) The particulars required by section 1(2) and the following provisions of subsection (3)—

• (a) paragraphs (a) to (c),

• (b) head (i) of paragraph (d),

• (c) paragraph (f), and

• (d) paragraph (h),

shall be included in a single document (in this Part referred to as the “principal statement”).

• (5) Where before the end of the period of two months after the beginning of his employment an employee is to begin to work outside the United Kingdom for a period of more than one month, the statement under section 1 shall be given to him not later than the time when he leaves the United Kingdom in order to begin so to work.

• (6) A statement shall be given to a person under section 1 notwithstanding that his employment ends before the end of the period within which the statement is required to be given.

Statement to include note about disciplinary procedures

3

• (1) A statement under section 1 shall include a note—

• (a) specifying any disciplinary rules applicable to the employee or referring the employee to the provisions of a document which—

• (i) the employee has reasonable opportunities of reading in the course of his employment, or

• (ii) is made reasonably accessible to him in some other way,

and which specifies such rules,

• (b) specifying, by description or otherwise—

• (i) a person to whom the employee can apply if he is dissatisfied with any disciplinary decision relating to him, and

• (ii) a person to whom the employee can apply for the purpose of seeking redress of any grievance relating to his employment,

and the manner in which any such application should be made,

• (c) where there are further steps consequent on any such application, explaining those steps or referring to the provisions of a document which—

• (i) the employee has reasonable opportunities of reading in the course of his employment, or

• (ii) is made reasonably accessible to him in some other way,

and which explains them, and

• (d) stating whether a contracting-out certificate is in force for the employment.

• (2) Subsection (1)(a) to (c) shall not apply to rules, disciplinary decisions, grievances or procedures relating to health or safety at work.

• (3) The note need not comply with the following provisions of subsection (1)—

• (a) paragraph (a),

• (b) in paragraph (b), sub-paragraph (i) and the words following sub-paragraph (ii) so far as relating to sub-paragraph (i), and

• (c) paragraph (c),

if on the date when the employee’s employment began the relevant number of employees was less than twenty.

• (4) In subsection (3) “the relevant number of employees”, in relation to an employee, means the number of employees employed by his employer added to the number of employees employed by any associated employer.

Employer’s duty to give statement of changes

4

• (1) If, after the date to which a statement given under section 1 relates, or, where no such statement is given, after the end of the period within which a statement under section 1 is required to be given, there is a change in any of the matters particulars of which are required by sections 1 to 3 to be included or referred to in a statement under section 1, the employer shall at the earliest opportunity and, in any event, not later than—

• (a) one month after the change, or

• (b) where the change results from the employee being required to work outside the United Kingdom for a period of more than one month, the time when he leaves the United Kingdom in order to begin so to work, if that is earlier,

give to the employee a written statement containing particulars of the change.

• (2) In a case where the statement under section 1 is given in instalments, subsection (1) applies—

• (a) in relation to—

• (i) matters particulars of which are required to be (whether they are or not) included in the instalment comprising the principal statement, and

• (ii) other matters particulars of which are included or referred to in that instalment;

• (b) in relation to matters particulars of which are included or referred to in any other instalment; and

• (c) in relation to any change occurring after the end of the two-month period within which a statement under section 1 is required to be given in matters particulars of which were required to be included in the statement given under section 1 but which were not included in any instalment;

as it applies in relation to matters particulars of which are required to be included or referred to in a statement under section 1 not given in instalments.

• (3) A statement under subsection (1)—

• (a) may refer the employee to the provisions of some other document which—

• (i) the employee has reasonable opportunities of reading in the course of his employment, or

• (ii) is made reasonably accessible to him in some other way,

for a change in any of the matters specified in sections 1(3)(d) (ii) and (iii) and 3(1)(a) and (c), and

• (b) may refer the employee to the law, or, subject to subsection (4), to the provisions of any collective agreement which directly affects the terms and conditions of the employment, for a change in either of the matters specified in section 1(3)(e).

• (4) A statement under subsection (1) may refer the employee to the provisions of a collective agreement under subsection (3)(b) if, and only if, it is an agreement which—

• (a) the employee has reasonable opportunities of reading in the course of his employment, or

• (b) is made reasonably accessible to him in some other way.

• (5) Where after an employer has given to an employee a statement under section 1—

• (a) either—

• (i) the name of the employer (whether an individual or a body corporate or partnership) is changed without any change in the identity of the employer, or

• (ii) the identity of the employer is changed in circumstances in which the continuity of the employee’s period of employment is not broken, and

• (b) the change does not involve any change in any of the matters (other than the names of the parties) particulars of which are required by sections 1 to 3 to be included in the statement,

the person who immediately after the change is the employer shall not be required to give to the employee a statement under section 1 but the change shall be treated as a change falling within subsection (1) of this section.

• (6) A statement under subsection (1) which informs an employee of a change such as is referred to in subsection (5)(a)(ii) shall specify the date on which the employee’s period of continuous employment began.

Exclusion of sections 1 to 4 in case of certain employees

5

• (1) Sections 1 to 4 shall not apply to an employee if—

• (a) his employment continues for less than one month, or

• (b) he is employed under a contract which normally involves employment for less than eight hours weekly.

• (2) Sections 1 to 4 shall apply to an employee who at any time comes or ceases to come within the exceptions from those sections provided for by subsection (1)(b) and sections 141 and 144, and under section 149, as if his employment with his employer terminated or began at that time.

• (3) The fact that section 1 is directed by subsection (2) to apply to an employee as if his employment began on his ceasing to come within the exceptions referred to in that subsection shall not affect the obligation under section 1(2)(b) to specify the date on which his employment actually began.

Power of Secretary of State to require particulars of further matters

6

The Secretary of State may by order provide that section 1 shall have effect as if particulars of such further matters as may be specified in the order were included in the particulars required by that section; and, for that purpose, the order may include such provisions amending that section as appear to the Secretary of State to be expedient.

SCHEDULE 5

1

After section 22 of the 1978 Act there shall be inserted—

(22A) (1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that— (a) having been designated by the employer to carry out activities in connection with preventing or reducing risks to health and safety at work, he carried out, or proposed to carry out, any such activities, (b) being a representative of workers on matters of health and safety at work, or a member of a safety committee— (i) in accordance with arrangements established under or by virtue of any enactment, or (ii) by reason of being acknowledged as such by the employer, he performed, or proposed to perform, any functions as such a representative or a member of such a committee, (c) being an employee at a place where— (i) there was no such representative or safety committee, or (ii) there was such a representative or safety committee but it was not reasonably practicable for the employee to raise the matter by those means, he brought to his employer’s attention, by reasonable means, circumstances connected with his work which he reasonably believed were harmful or potentially harmful to health or safety, (d) in circumstances of danger which he reasonably believed to be serious and imminent and which he could not reasonably have been expected to avert, he left, or proposed to leave, or (while the danger persisted) refused to return to, his place of work or any dangerous part of his place of work, or (e) in circumstances of danger which he reasonably believed to be serious and imminent, he took, or proposed to take, appropriate steps to protect himself or other persons from the danger. (2) For the purposes of subsection (1)(e) whether steps which an employee took, or proposed to take, were appropriate shall be judged by reference to all the circumstances including, in particular, his knowledge and the facilities and advice available to him at the time. (3) An employee shall not be regarded as having been subjected to any detriment on the ground specified in subsection (1)(e) if the employer shows that it was, or would have been, so negligent for the employee to take the steps which he took, or proposed to take, that a reasonable employer might have treated him as the employer did. (4) Except where an employee is dismissed in circumstances in which, by virtue of section 142, section 54 does not apply to the dismissal, this section shall not apply where the detriment in question amounts to dismissal. (22B) (1) An employee may present a complaint to an industrial tribunal on the ground that he has been subjected to a detriment in contravention of section 22A. (2) On such a complaint it shall be for the employer to show the ground on which any act, or deliberate failure to act, was done. (3) An industrial tribunal shall not consider a complaint under this section unless it is presented— (a) before the end of the period of three months beginning with the date of the act or failure to act to which the complaint relates or, where that act or failure is part of a series of similar acts or failures, the last of them, or (b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as it considers reasonable. (4) For the purposes of subsection (3)— (a) where an act extends over a period, the date of the act means the last day of that period, and (b) a deliberate failure to act shall be treated as done when it was decided on; and, in the absence of evidence establishing the contrary, an employer shall be taken to decide on a failure to act when he does an act inconsistent with doing the failed act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done. (22C) (1) Where the industrial tribunal finds that a complaint under section 22B is well-founded, it shall make a declaration to that effect and may make an award of compensation to be paid to the complainant in respect of the act or failure to act complained of. (2) The amount of the compensation awarded shall be such as the tribunal considers just and equitable in all the circumstances having regard to the infringement complained of and to any loss which is attributable to the act or failure which infringed his right. (3) The loss shall be taken to include— (a) any expenses reasonably incurred by the complainant in consequence of the act or failure complained of, and (b) loss of any benefit which he might reasonably be expected to have had but for that act or failure. (4) In ascertaining the loss, the tribunal shall apply the same rule concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law of England and Wales or Scotland. (5) Where the tribunal finds that the act or failure complained of was to any extent caused or contributed to by action of the complainant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.

.

2

In subsection (3) of section 57 of that Act (general provisions as to fairness of dismissal), for the words sections 59 to 61 there shall be substituted the words “ sections 57A to 61 ”.

3

After that section there shall be inserted—

(57A) (1) The dismissal of an employee by an employer shall be regarded for the purposes of this Part as having been unfair if the reason for it (or, if more than one, the principal reason) was that the employee— (a) having been designated by the employer to carry out activities in connection with preventing or reducing risks to health and safety at work, carried out, or proposed to carry out, any such activities, (b) being a representative of workers on matters of health and safety at work, or a member of a safety committee— (i) in accordance with arrangements established under or by virtue of any enactment, or (ii) by reason of being acknowledged as such by the employer, performed, or proposed to perform, any functions as such a representative or a member of such a committee, (c) being an employee at a place where— (i) there was no such representative or safety committee, or (ii) there was such a representative or safety committee but it was not reasonably practicable for the employee to raise the matter by those means, brought to his employer’s attention, by reasonable means, circumstances connected with his work which he reasonably believed were harmful or potentially harmful to health or safety, (d) in circumstances of danger which he reasonably believed to be serious and imminent and which he could not reasonably have been expected to avert, left, or proposed to leave, or (while the danger persisted) refused to return to, his place of work or any dangerous part of his place of work, or (e) in circumstances of danger which he reasonably believed to be serious and imminent, took, or proposed to take, appropriate steps to protect himself or other persons from the danger. (2) For the purposes of subsection (1)(e) whether steps which an employee took, or proposed to take, were appropriate shall be judged by reference to all the circumstances including, in particular, his knowledge and the facilities and advice available to him at the time. (3) Where the reason (or, if more than one, the principal reason) for the dismissal of an employee was that specified in subsection (1)(e), the dismissal shall not be regarded as having been unfair if the employer shows that it was, or would have been, so negligent for the employee to take the steps which he took, or proposed to take, that a reasonable employer might have dismissed him for taking, or proposing to take, them.

.

4

In section 59 of the 1978 Act (dismissal on ground of redundancy), in subsection (2) (inserted by section 24(2) of this Act), between the words section and 60 there shall be inserted the words “ 57A(1) (read with (2) and (3)) ”.

5

In section 64 of the 1978 Act (qualifying period etc for right not to be unfairly dismissed), in subsection (4) (inserted by section 24(3) of this Act), between the words section and 60 there shall be inserted the words “ 57A(1) (read with (2) and (3)) ”.

6

In section 71 of the 1978 Act (compensation for failure to comply with section 69)—

• (a) in subsection (2)(b) (additional award), after the word unless there shall be inserted the words “ the case is one where this paragraph is excluded or ”; and

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

(2A) Subsection (2)(b) is excluded where the reason (or, if more than one, the principal reason) for the dismissal or, in a redundancy case, for selecting the employee for dismissal, was an inadmissible reason. (2B) For the purposes of subsection (2A) a reason is inadmissible if it is one of those specified in section 57A(1)(a) and (b).

.

7

In section 72 of the 1978 Act (compensation for unfair dismissal) there shall be inserted at the end the following—

(2) Where the reason (or, if more than one, the principal reason) for the dismissal or, in a redundancy case, for selecting the employee for dismissal, was an inadmissible reason, then, unless— (a) the complainant does not request the tribunal to make an order under section 69, or (b) the case falls within section 73(2), the award shall include a special award calculated in accordance with section 75A. (3) For the purposes of subsection (2) a reason is inadmissible if it is one of those specified in section 57A(1)(a) and (b).

and the preceding words shall become subsection

(1)

of section 72.

8

In section 73 of the 1978 Act (calculation of basic award)—

• (a) in subsection (1), for (6) there shall be substituted “ (6A) ”;

• (b) after subsection (6) there shall be inserted—

(6A) Where the reason (or, if more than one, the principal reason) for the dismissal or, in a redundancy case, for selecting the employee for dismissal, was an inadmissible reason the amount of the basic award (before any reduction under the following provisions of this section) shall not be less than £2,700. (6B) For the purposes of this section a reason is inadmissible if it is one of those specified in section 57A(1)(a) and (b). (6C) The Secretary of State may by order increase the sum specified in subsection (6A). (6D) No order shall be made under subsection (6C) unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

; and

• (c) in subsection (7C), for the words following apply there shall be substituted the words “ in a redundancy case unless the reason for selecting the employee for dismissal was an inadmissible reason; and, in that event, subsection (7B) shall apply only to so much of the basic award as is payable because of subsection (6A) ”.

9

After section 75 of that Act there shall be inserted—

(75A) (1) Subject to the following provisions of this section, the amount of the special award shall be— (a) one week’s pay multiplied by 104, or (b) £13,400, whichever is the greater, but shall not exceed £26,800. (2) Where the award of compensation is made under section 71(2)(a) then, unless the employer satisfies the tribunal that it was not practicable to comply with the preceding order under section 69, the amount of the special award shall be increased to— (a) one week’s pay multiplied by 156, or (b) £20,100, whichever is the greater, but subject to the following provisions of this section. (3) In a case where the amount of the basic award is reduced under section 73(5), the amount of the special award shall be reduced by the same fraction. (4) Where the tribunal considers that any conduct of the complainant before the dismissal (or, where the dismissal was with notice, before the notice was given) was such that it would be just and equitable to reduce or further reduce the amount of the special award to any extent, the tribunal shall reduce or further reduce that amount accordingly. (5) Where the tribunal finds that the complainant has unreasonably— (a) prevented an order under section 69 from being complied with, or (b) refused an offer by the employer (made otherwise than in compliance with such an order) which if accepted would have the effect of reinstating the complainant in his employment in all respects as if he had not been dismissed, the tribunal shall reduce or further reduce the amount of the special award to such extent as it considers just and equitable having regard to that finding. (6) Where the employer has engaged a permanent replacement for the complainant, the tribunal shall not take that fact into account in determining for the purposes of subsection (2) whether it was practicable to comply with an order under section 69 unless the employer shows that it was not practicable for him to arrange for the complainant’s work to be done without engaging a permanent replacement. (7) The Secretary of State may by order increase any of the sums specified in subsections (1) and (2). (8) No order shall be made under subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

.

10

After section 76 of that Act there shall be inserted—

(77) (1) An employee who presents a complaint to an industrial tribunal that he has been unfairly dismissed by his employer and that the reason (or, if more than one, the principal reason) for the dismissal was one of those specified in section 57A(1)(a) and (b) may apply to the tribunal for interim relief. (2) The tribunal shall not entertain an application for interim relief unless it is presented to the tribunal before the end of the period of seven days immediately following the effective date of termination (whether before, on or after that date). (3) The tribunal shall determine the application for interim relief as soon as practicable after receiving the application. (4) The tribunal shall give to the employer (not later than seven days before the date of the hearing) a copy of the application together with notice of the date, time and place of the hearing. (5) The tribunal shall not exercise any power it has of postponing the hearing of an application for interim relief except where it is satisfied that special circumstances exist which justify it in doing so. (77A) (1) If on hearing an employee’s application for interim relief it appears to the tribunal that it is likely that on determining the complaint to which the application relates the tribunal will find that the reason (or, if more than one, the principal reason) for his dismissal was one of those specified in section 57A(1)(a) and (b) the following provisions shall apply. (2) The tribunal shall announce its findings and explain to both parties (if present) what powers the tribunal may exercise on the application and in what circumstances it will exercise them, and shall ask the employer (if present) whether he is willing, pending the determination or settlement of the complaint— (a) to reinstate the employee, that is to say, to treat him in all respects as if he had not been dismissed, or (b) if not, to re-engage him in another job on terms and conditions not less favourable than those which would have been applicable to him if he had not been dismissed. (3) For this purpose terms and conditions not less favourable than those which would have been applicable to him if he had not been dismissed means, as regards seniority, pension rights and other similar rights, that the period prior to the dismissal should be regarded as continuous with his employment following the dismissal. (4) If the employer states that he is willing to reinstate the employee, the tribunal shall make an order to that effect. (5) If the employer states that he is willing to re-engage the employee in another job and specifies the terms and conditions on which he is willing to do so, the tribunal shall ask the employee whether he is willing to accept the job on those terms and conditions; and— (a) if the employee is willing to accept the job on those terms and conditions, the tribunal shall make an order to that effect, and (b) if he is not, then, if the tribunal is of the opinion that the refusal is reasonable, the tribunal shall make an order for the continuation of his contract of employment, but otherwise the tribunal shall make no order. (6) If on the hearing of an application for interim relief the employer fails to attend before the tribunal, or states that he is unwilling either to reinstate the employee or re-engage him as mentioned in subsection (2), the tribunal shall make an order for the continuation of the employee’s contract of employment. (78) (1) An order under section 77A for the continuation of a contract of employment is an order that the contract of employment continue in force— (a) for the purposes of pay or of any other benefit derived from the employment, seniority, pension rights and other similar matters, and (b) for the purposes of determining for any purpose the period for which the employee has been continuously employed, from the date of its termination (whether before or after the making of the order) until the determination or settlement of the complaint. (2) Where the tribunal makes such an order it shall specify in the order the amount which is to be paid by the employer to the employee by way of pay in respect of each normal pay period, or part of any such period, falling between the date of dismissal and the determination or settlement of the complaint. (3) Subject as follows, the amount so specified shall be that which the employee could reasonably have been expected to earn during that period, or part, and shall be paid— (a) in the case of payment for any such period falling wholly or partly after the making of the order, on the normal pay day for that period, and (b) in the case of a payment for any past period, within such time as may be specified in the order. (4) If an amount is payable in respect only of part of a normal pay period, the amount shall be calculated by reference to the whole period and reduced proportionately. (5) Any payment made to an employee by an employer under his contract of employment, or by way of damages for breach of that contract, in respect of a normal pay period, or part of any such period, shall go towards discharging the employer’s liability in respect of that period under subsection (2); and, conversely, any payment under that subsection in respect of a period shall go towards discharging any liability of the employer under, or in respect of breach of, the contract of employment in respect of that period. (6) If an employee, on or after being dismissed by his employer, receives a lump sum which, or part of which, is in lieu of wages but is not referable to any normal pay period, the tribunal shall take the payment into account in determining the amount of pay to be payable in pursuance of any such order. (7) For the purposes of this section, the amount which an employee could reasonably have been expected to earn, his normal pay period and the normal pay day for each such period shall be determined as if he had not been dismissed. (78A) (1) At any time between the making of an order under section 77A and the determination or settlement of the complaint, the employer or the employee may apply to an industrial tribunal for the revocation or variation of the order on the ground of a relevant change of circumstances since the making of the order. (2) Sections 77 and 77A apply in relation to such an application as in relation to an original application for interim relief except that, in the case of an application by the employer, section 77(4) has effect with the substitution of a reference to the employee for the reference to the employer. (79) (1) If on the application of an employee an industrial tribunal is satisfied that the employer has not complied with the terms of an order for the reinstatement or re-engagement of the employee under section 77A(4) or (5), the tribunal shall— (a) make an order for the continuation of the employee’s contract of employment, and (b) order the employer to pay the employee such compensation as the tribunal considers just and equitable in all the circumstances having regard— (i) to the infringement of the employee’s right to be reinstated or re-engaged in pursuance of the order, and (ii) to any loss suffered by the employee in consequence of the non-compliance. (2) Section 78 applies to an order under subsection (1)(a) as in relation to an order under section 77A. (3) If on the application of an employee an industrial tribunal is satisfied that the employer has not complied with the terms of an order for the continuation of a contract of employment, the following provisions apply. (4) If the non-compliance consists of a failure to pay an amount by way of pay specified in the order, the tribunal shall determine the amount owed by the employer on the date of the determination. (5) If on that date the tribunal also determines the employee’s complaint that he has been unfairly dismissed, it shall specify that amount separately from any other sum awarded to the employee. (6) In any other case, the tribunal shall order the employer to pay the employee such compensation as the tribunal considers just and equitable in all the circumstances having regard to any loss suffered by the employee in consequence of the non-compliance.

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SCHEDULE 6

Sex Discrimination Act 1975 (c. 65)

1

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

Race Relations Act 1976 (c. 74)

2

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

Wages Act 1986 (c. 48)

3

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

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

4

In section 288 of the 1992 Act (restrictions on contracting out)—

• (a) after subsection (2) there shall be inserted—

(2A) Subsection (1) does not apply to an agreement to refrain from instituting or continuing any proceedings, other than excepted proceedings, specified in section 290 before an employment tribunal if the conditions regulating compromise agreements under this Act are satisfied in relation to the agreement. (2B) The conditions regulating compromise agreements under this Act are that— (a) the agreement must be in writing; (b) the agreement must relate to the particular complaint; (c) the complainant must have received independent legal advice from a qualified lawyer as to the terms and effect of the proposed agreement and in particular its effect on his ability to pursue his rights before an employment tribunal; (d) there must be in force, when the adviser gives the advice, a policy of insurance covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice; (e) the agreement must identify the adviser; and (f) the agreement must state that the conditions regulating compromise agreements under this Act are satisfied. (2C) The proceedings excepted from subsection (2A) are proceedings on a complaint of non-compliance with section 188.

; . . .

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

SCHEDULE 7

Unfair selection for dismissal in redundancy cases:exclusion of qualifying conditions

1

In section 154 of the 1992 Act (exclusion of requirement for qualifying period of employment, etc where reason for dismissal related to trade union membership or activities)—

• (a) for the words was one of those specified in section 152(1) there shall be substituted the words “ or, in a redundancy case, for selecting the employee for dismissal, was an inadmissible reason. ”, and

• (b) there shall be inserted after those words, as subsection (2), the following—

(2) For the purposes of this section— - “inadmissible”, in relation to a reason, means that it is one of those specified in section 152(1); and - “a redundancy case” means a case where the reason or principal reason for the dismissal was that the employee was redundant but the equal application of the circumstances to non-dismissed employees required by section 153(a) is also shown.

, and the words preceding that subsection (2) shall become subsection (1).

Qualifying period for unfair dismissal protection: small businesses

2

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

Application of 1978 Act to Crown Employment and House of Commons Staff

3

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

4

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

Restrictions on disclosure of information, etc on grounds of national security

5

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

6

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

7

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

Extension of employment protection provisions and related legislation to House of Lords Staff

8

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

9

After section 85A of the Sex Discrimination Act 1975 (application to House of Commons staff) there shall be inserted—

(85B) (1) Parts II and IV apply in relation to employment as a relevant member of the House of Lords staff as they apply in relation to other employment. (2) In this section “relevant member of the House of Lords staff” has the same meaning as in section 139A of the Employment Protection (Consolidation) Act 1978; and subsection (6) of that section applies for the purposes of this section.

.

10

After section 75A of the Race Relations Act 1976 (application to House of Commons staff) there shall be inserted—

(75B) (1) Parts II and IV apply in relation to employment as a relevant member of the House of Lords staff as they apply in relation to other employment. (2) In this section “relevant member of the House of Lords staff” has the same meaning as in section 139A of the Employment Protection (Consolidation) Act 1978; and subsection (6) of that section applies for the purposes of this section.

.

11

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

12

In section 277 of the 1992 Act (House of Lords staff)—

• (a) in subsection (1), for the words Sections 137 to 143 (rights in relation to trade union membership: access to employment) there shall be substituted the words “ The provisions of this Act (except those specified below) ”,

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

(1A) The following provisions are excepted from subsection (1)— - sections 184 and 185 (remedy for failure to comply with declaration as to disclosure of information), - Chapter II of Part IV (procedure for handling redundancies).

,

• (c) in subsection (2), after the word bringing there shall be inserted the words “ a civil employment claim before the court or from bringing ”,

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

(2A) For the purposes of the application of the other provisions of this Act as they apply by virtue of this section— (a) the reference in section 182(1)(e) (disclosure of information for collective bargaining: restrictions) to a person’s undertaking shall be construed as a reference to the national interest or, if the case so requires, the interests of the House of Lords; and (b) any other reference to an undertaking shall be construed as a reference to the House of Lords.

, and

• (e) for subsections (3) to (6) there shall be substituted—

(3) In this section— - “relevant member of the House of Lords staff” means any person who is employed under a contract of employment with the Corporate Officer of the House of Lords; - “civil employment claim” means a claim arising out of or relating to a contract of employment or any other contract connected with employment, or a claim in tort arising in connection with a person’s employment; and - “the court” means the High Court or a county court.

.

Power to extend 1978 Act in certain health and safety cases

13

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

Power to provide for continuity of employment following reinstatement or re-engagement

14

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

Codes of practice on employment : use in proceedings

15

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

Parliamentary procedure: orders modifying application of redundancy provisions

16

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

Miscellaneous minor corrections and amendments

17

In section 21(6) of the 1992 Act (repudiation by trade union of certain acts) for the words six months there shall be substituted the words “ three months ”.

18

In section 34(5) of the 1992 Act (eligibility for appointment as auditor), the second sentence shall be omitted.

19

In section 35(5) of the 1992 Act (appointment and removal of auditors)—

• (a) for the words subsections (1) to (6) there shall be substituted the words “ subsections (1) to (4) ”, and

• (b) for the words subsection (7) there shall be substituted the words “ subsection (5) ”.

20

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

21

In section 158 of the 1992 Act (special award in cases of dismissal on grounds related to union membership or activities) after subsection (6) there shall be inserted—

(7) Schedule 14 to the Employment Protection (Consolidation) Act 1978 (calculation of a week’s pay) shall apply for the purposes of this section with the substitution, for paragraph 7, of the following:— For the purposes of this Part in its application to section 158 of the Trade Union and Labour Relations (Consolidation) Act 1992, the calculation date is— (a) where the dismissal was with notice, the date on which the employer’s notice was given; (b) where paragraph (a) does not apply, the effective date of termination.

.

22

In section 166(1) of the 1992 Act (consequences of failure to comply with order of reinstatement or re-engagement), for (5)(a) there shall be substituted “ (5) ”.

23

In section 187(2) of the 1992 Act (meaning of refusal to deal where refusal on grounds of union exclusion), paragraph (c) shall become subparagraph,

(iii)

of paragraph (b) and there shall be inserted as paragraph (c) the following, preceded by “ or ”, namely—

(c) he terminates a contract with that person for the supply of goods or services.

.

24

In section 228 of the 1992 Act (separate workplace ballots before action by trade union) after subsection (3) there shall be inserted—

(4) In this section “place of work”, in relation to any person who is employed, means the premises occupied by his employer at or from which that person works or, where he does not work at or from any such premises or works at or from more than one set of premises, the premises occupied by his employer with which his employment has the closest connection.

.

25

In section 229(3) of the 1992 Act (voting paper for industrial action ballot) for the word 20(3) there shall be substituted the word “ 20(2) ”.

26

In section 246 of the 1992 Act (minor definitions relating to industrial action provisions) the definition of “place of work” shall be omitted.

27

In section 278(4)(c) of the 1992 Act (House of Commons staff), after the word in there shall be inserted the word “ section ”.

SCHEDULE 8

The Factories Act 1961 (c. 34)

1

In section 119A of the Factories Act 1961 (notice of employment of a young person to be sent to local careers office), in subsection (2)(a) (definition of “local careers office”), for the words from , under to the arrangements) there shall be substituted the words “ services are provided in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973 in the area ”.

The Parliamentary Commissioner Act 1967 (c. 13)

2

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

The Chronically Sick and Disabled Persons Act 1970 (c. 44)

3

In section 13(2) of the Chronically Sick and Disabled Persons Act 1970 (youth employment service), for the words section 10(1) there shall be substituted the words “ section 10(6) ”.

The Employment Agencies Act 1973 (c. 35)

4

In section 13(7) of the Employment Agencies Act 1973 (exclusions from provisions of that Act), after paragraph (g) there shall be inserted—

(ga) services provided in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973;

.

The Employment and Training Act 1973 (c. 50)

5

In section 5(2)(a) of the Employment and Training Act 1973 (power to appoint advisers with respect to performance of certain functions), for the words from on him to the end there shall be substituted the words “ or imposed on him by sections 2, 8 to 10 and 12 of this Act; and ”.

The House of Commons Disqualification Act 1975 (c. 24)

6

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

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

7

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

The Sex Discrimination Act 1975 (c. 65)

8

In section 15 of the Sex Discrimination Act 1975 (employment agencies etc.)—

• (a) for subsection (2) there shall be substituted—

(2) It is unlawful for a local education authority or education authority or any other person to do any act in providing services in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973 which constitutes discrimination.

, and

• (b) in subsection (5), for the words or an education authority there shall be substituted the words “ , education authority or other person ”.

The Race Relations Act 1976 (c. 74)

9

In section 14 of the Race Relations Act 1976 (employment agencies etc.)—

• (a) for subsection (2) there shall be substituted—

(2) It is unlawful for a local education authority or education authority or any other person to do any act in providing services in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973 which constitutes discrimination.

, and

• (b) in subsection (5), for the words or an education authority there shall be substituted the words “ , education authority or other person ”.

The Employment Protection (Consolidation) Act 1978 (c. 44)

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

The Agricultural Training Board Act 1982 (c. 9)

33

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

The Industrial Training Act 1982 (c. 10)

34

In section 5(3)(e) of the Industrial Training Act 1982 (functions of industrial training boards), at the end there shall be inserted the words “ and may provide services or arrange for the provision of services in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973 (careers services) ”.

The Insolvency Act 1986 (c. 45)

35

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

The Wages Act 1986 (c. 48)

36

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

37

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

The Employment Act 1988 (c. 19)

38

In subsection (1) of section 26 (status of trainees etc.) of the Employment Act 1988—

• (a) after the words under section 2(3) there shall be inserted the words “ or section 14A ”; and

• (b) for the words the said section 2, or as the case may be the said section 2(3) there shall be substituted the words “ any of those three sections ”.

The Legal Aid Act 1988 (c. 34)

39

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

The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

40

In section 25 of the 1992 Act (application to Certification Officer as respects failures in relation to the register of members)—

• (a) in subsection (1), after the words section 24 there shall be inserted the words “ or 24A ”; and

• (b) after subsection (7), there shall be inserted—

(8) The Certification Officer shall not entertain an application for a declaration as respects an alleged failure to comply with the requirements of section 24A in relation to a ballot to which that section applies unless the application is made before the end of the period of one year beginning with the last day on which votes could be cast in the ballot.

.

41

In section 26 of the 1992 Act (application to court as respects failures in relation to the register of members)—

• (a) in subsection (1), after the words section 24 there shall be inserted the words “ or 24A ”; and

• (b) after subsection (6) there shall be inserted—

(7) The court shall not entertain an application for a declaration as respects an alleged failure to comply with the requirements of section 24A in relation to a ballot to which that section applies unless the application is made before the end of the period of one year beginning with the last day on which votes could be cast in the ballot.

.

42

In section 32 of the 1992 Act (annual return), after subsection (6) there shall be inserted—

(7) For the purposes of this section and section 32A “member of the executive” includes any person who, under the rules or practice of the union, may attend and speak at some or all of the meetings of the executive, otherwise than for the purpose of providing the committee with factual information or with technical or professional advice with respect to matters taken into account by the executive in carrying out its functions.

.

43

In section 43(1) (provisions not to apply in case of newly-formed trade unions)—

• (a) in paragraph (b) (disapplication of sections 32 to 37), after the words annual return, there shall be inserted the words “ statement for members, ”, and

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

(ba) sections 37A to 37E (investigation of financial affairs), and

.

44

In section 44 of the 1992 Act (discharge of duties in case of union having branches or sections)—

• (a) in subsections (2) and (4), for the words sections 32 to 37 there shall be substituted the words “ sections 32 and 33 to 37 ”, and

• (b) after subsection (4) there shall be inserted—

(5) Where the duty falling on a trade union under section 32 to send to the Certification Officer a return relating to its affairs is treated as discharged by the union by virtue of subsection (2) or (4) of this section, the duties imposed by section 32A in relation to the return shall be treated as duties of the branch or section of the union, or the trade union of which it is a branch or section, by which that duty is in fact discharged.

.

45

In section 45(1) of the 1992 Act (offences for breach of duty under sections 32 to 37 etc.), after the words annual return, there shall be inserted the words “ statement for members, ”.

46

In section 49(3)(a) of the 1992 Act (election scrutineer to supervise certain matters), 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 51A to undertake the distribution of the voting papers) their distribution ”.

47

In section 62 of the 1992 Act (right of trade union members to obtain order to prevent inducement to take part in industrial action not having support of a ballot)—

• (a) at the end of subsection (1) (stating the right) there shall be inserted the following paragraph—

In this section “the relevant time” means the time when the application is made.

; and

• (b) in subsection (2) (circumstances in which action has such support), for paragraphs (a) to (c) there shall be substituted—

(a) the union has held a ballot in respect of the action— (i) in relation to which the requirements of section 226B so far as applicable before and during the holding of the ballot were satisfied, (ii) in relation to which the requirements of sections 227 to 231 were satisfied, and (iii) in which the majority voting in the ballot answered Yes to the question applicable in accordance with section 229(2) to industrial action of the kind which the applicant has been or is likely to be induced to take part in; (b) such of the requirements of the following sections as have fallen to be satisfied at the relevant time have been satisfied, namely— (i) section 226B so far as applicable after the holding of the ballot, and (ii) section 231B; and (c) the requirements of section 233 (calling of industrial action with support of ballot) are satisfied. Any reference in this subsection to a requirement of a provision which is disapplied or modified by section 232 has effect subject to that section.

.

48

In section 64 of the 1992 Act (right not to be unjustifiably disciplined), in subsection (5) (enforcement provisions not to affect remedy for infringement of other rights), for the words and nothing there shall be substituted the words “ and, subject to section 66(4), nothing ”.

49

In section 65(7) of the 1992 Act (definitions related to unjustifiable discipline)—

• (a) in the definition of “contract of employment”, at the end, there shall be inserted the words “ , “employer” includes such a person and related expressions shall be construed accordingly; ”; and

• (b) at the end, there shall be inserted the following definition, preceded by the word “ and ”

“wages” shall be construed in accordance with the definitions of “contract of employment”, ”employer“ and related expressions.

.

50

In section 66 of the 1992 Act (complaint of infringement of right not to be unjustifiably disciplined), for subsection (4) there shall be substituted—

(4) Where a complaint relating to an expulsion which is presented under this section is declared to be well-founded, no complaint in respect of the expulsion shall be presented or proceeded with under section 174 (right not to be excluded or expelled from trade union).

.

51

In section 67 of the 1992 Act (compensation for right not to be unjustifiably disciplined)—

• (a) in subsection (8) (application of maximum and minimum limits of compensation)—

• (i) for the words awarded against a trade union on an application under this section there shall be substituted the words “ calculated in accordance with subsections (5) to (7) ”, and

• (ii) for the words 156(1) of this Act (minimum basic award in certain cases of unfair dismissal) there shall be substituted the words “ 176(6) of this Act (minimum award by Employment Appeal Tribunal in cases of exclusion or expulsion from union) ”, and

• (b) subsection (9) (limits to be applied before reduction for failure to mitigate etc.) shall cease to have effect.

52

In section 97(1)(b) and (2)(b) of the 1992 Act (amalgamation or transfer of engagements), for the words sections 99 and 100 (notice to members and passing of resolution) there shall be substituted the words “ section 99 (notice to members) and section 100 (resolution to be passed by required majority on ballot held in accordance with sections 100A to 100E) ”.

53

In section 98(1) of the 1992 Act (instrument of amalgamation or transfer to be submitted for approval of Certification Officer before resolution to approve it is voted on by members), for the words from the resolution to the end there shall be substituted the words “ a ballot of the members of any amalgamating union, or (as the case may be) of the transferor union, is held on the resolution to approve the instrument. ”.

54

In section 99(1) of the 1992 Act (notice of instrument to be supplied to members), for the words from that, not less to supplied with there shall be substituted the words “ that every voting paper which is supplied for voting in the ballot on the resolution to approve the instrument of amalgamation or transfer is accompanied by ”.

55

In section 101 of the 1992 Act (registration of instrument of amalgamation or transfer), after subsection (2) there shall be inserted—

(3) An application for registration of an instrument of amalgamation or transfer shall not be sent to the Certification Officer until section 100E(6) has been complied with in relation to the scrutineer’s report on the ballot held on the resolution to approve the instrument.

.

56

In section 103 of the 1992 Act (complaints about passing of resolution approving instrument of amalgamation or transfer), for subsection (1) there shall be substituted—

(1) A member of a trade union who claims that the union— (a) has failed to comply with any of the requirements of sections 99 to 100E, or (b) has, in connection with a resolution approving an instrument of amalgamation or transfer, failed to comply with any rule of the union relating to the passing of the resolution, may complain to the Certification Officer.

.

57

In section 106 of the 1992 Act (amalgamation or transfer involving Northern Ireland union)—

• (a) in subsection (2), for the words 98 to 100 (approval of instrument; notice to members; passing of resolution) there shall be substituted the words “ 98 to 100E and 101(3) (approval of instrument, notice to members and ballot on resolution) ”, and

• (b) in subsection (4), for the words section 103 there shall be substituted the words “ sections 103 and 104 ”.

58

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

59

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

60

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

61

In section 117(5) of the 1992 Act (provisions operating only in relation to certain positions in case of special register bodies), for the words Chapter IV (elections for certain union positions) only applies there shall be substituted the words “ Sections 45B and 45C (disqualification) and Chapter IV (elections) apply only ”.

62

In section 118(4) of the 1992 Act (provisions not to apply in case of federated trade unions consisting wholly or mainly of representatives of constituent or affiliated organisations)—

• (a) in paragraph (c) (disapplication of sections 32 to 37), after the words annual return, there shall be inserted the words “ statement for members, ”, and

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

(ca) sections 37A to 37E (investigation of financial affairs), and

.

63

In section 119 of the 1992 Act (expressions relating to trade unions)—

• (a) before the definition of “branch or section” there shall be inserted—

“agent” means a banker or solicitor of, or any person employed as an auditor by, the union or any branch or section of the union;

, and

• (b) after the definition of “executive” there shall be inserted—

“financial affairs” means affairs of the union relating to any fund which is applicable for the purposes of the union (including any fund of a branch or section of the union which is so applicable);

.

64

In section 131(1) of the 1992 Act (administrative provisions applying to employers’ associations)—

• (a) for the words sections 32 to 37 there shall be substituted the words “ section 32(1), (2), (3)(a), (b) and (c) and (4) to (6) and sections 33 to 37 ”,

• (b) after the word audit), there shall be inserted—

sections 37A to 37E (investigation of financial affairs),

, and

• (c) for the words section 45 there shall be substituted the words “ sections 45 and 45A ”.

65

For section 133 of the 1992 Act (employers’ associations: amalgamations etc.) there shall be substituted—

(133) (1) Subject to subsection (2), the provisions of Chapter VII of Part I of this Act (amalgamations and similar matters) apply to unincorporated employers’ associations as in relation to trade unions. (2) In its application to such associations that Chapter shall have effect— (a) as if in section 99(1) for the words from that every to accompanied by there were substituted the words that, not less than seven days before the ballot on the resolution to approve the instrument of amalgamation or transfer is held, every member is supplied with, (b) as if the requirements imposed by sections 100A to 100E consisted only of those specified in sections 100B and 100C(1) and (3)(a) together with the requirement that every member must, so far as is reasonably possible, be given a fair opportunity of voting, and (c) with the omission of sections 101(3) and 107.

.

66

In section 135(3) of the 1992 Act (provisions not to apply in case of federated employers’ associations consisting wholly or mainly of representatives of constituent or affiliated organisations)—

• (a) in paragraph (c) (disapplication of sections 32 to 37), for the words sections 32 to 37 there shall be substituted the words “ section 32(1), (2), (3)(a), (b) and (c) and (4) to (6) and sections 33 to 37 ”, and

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

(ca) sections 37A to 37E (investigation of financial affairs), and

.

67

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

68

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

69

In section 164(1)(a) of the 1992 Act (order in such a case for continuation of contract for purposes of pay or any benefit derived from the employment), for the words any benefit there shall be substituted the words “ any other benefit ”.

70

In section 191(1)(a) of the 1992 Act (no remuneration under protective award for period after fair dismissal for a reason other than redundancy), for the words for a reason other than redundancy there shall be substituted the words “ otherwise than as redundant ”.

71

In section 198(1)(b) of the 1992 Act (power to adapt provisions in case of collective agreement establishing arrangements for the handling of redundancies), for the words the handling of redundancies there shall be substituted the words “ handling the dismissal of employees as redundant ”.

72

In section 219 of the 1992 Act (protection of acts in contemplation or furtherance of trade dispute from certain tort liabilities), in subsection (4) for the words from to section 226 to the end there shall be substituted the words “ to sections 226 (requirement of ballot before action by trade union) and 234A (requirement of notice to employer of industrial action); and in those sections “not protected” means excluded from the protection afforded by this section or, where the expression is used with reference to a particular person, excluded from that protection as respects that person. ”.

73

In section 226 of the 1992 Act (act of trade union not protected unless industrial action has support of a ballot)—

• (a) at the end of subsection (1) (requiring the ballot) there shall be inserted the following paragraph —

In this section “the relevant time”, in relation to an act by a trade union to induce a person to take part, or continue to take part, in industrial action, means the time at which proceedings are commenced in respect of the act.

;

• (b) in subsection (2) (circumstances in which action has such support) for paragraphs (a) to (c) there shall be substituted—

(a) the union has held a ballot in respect of the action— (i) in relation to which the requirements of section 226B so far as applicable before and during the holding of the ballot were satisfied, (ii) in relation to which the requirements of sections 227 to 231A were satisfied, and (iii) in which the majority voting in the ballot answered Yes to the question applicable in accordance with section 229(2) to industrial action of the kind to which the act of inducement relates; (b) such of the requirements of the following sections as have fallen to be satisfied at the relevant time have been satisfied, namely— (i) section 226B so far as applicable after the holding of the ballot, and (ii) section 231B; and (c) the requirements of section 233 (calling of industrial action with support of ballot) are satisfied. Any reference in this subsection to a requirement of a provision which is disapplied or modified by section 232 has effect subject to that section.

; and

• (c) in subsection (3) (separate workplace ballots), for the words from section 228(1), to in relation there shall be substituted the words

section 228(1)— (a) industrial action shall be regarded as having the support of a ballot if the conditions specified in subsection (2) are satisfied, and (b) the trade union shall be taken to have complied with the requirements relating to a ballot imposed by section 226A if those requirements are complied with, in relation

.

74

In section 232 of the 1992 Act (balloting of overseas members)—

• (a) in subsection (1) (sections 227 to 230 not to apply), for the words 227 to 230 there shall be substituted the words “ 226B to 230 and 231B ”, and

• (b) for subsection (2) (operation of section 231) there shall be substituted—

(2) Where overseas members have voted in the ballot— (a) the references in sections 231 and 231A to persons entitled to vote in the ballot do not include overseas members, and (b) those sections shall be read as requiring the information mentioned in section 231 to distinguish between overseas members and other members.

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75

In section 235 of the 1992 Act (meaning of contract of employment and related expressions)—

• (a) for 234 there shall be substituted “ 234A ”; and

• (b) for the words and related expressions there shall be substituted the words “ and employer and other related expressions ”.

76

In section 237 of the 1992 Act (no right to complain of unfair dismissal in case of employee taking part in unofficial industrial action), after subsection (1) there shall be inserted—

(1A) Subsection (1) does not apply to the dismissal of the employee if it is shown that the reason (or, if more than one, the principal reason) for the dismissal or, in a redundancy case, for selecting the employee for dismissal was one of those specified in section 57A or 60 of the Employment Protection (Consolidation) Act 1978 (dismissal in health and safety cases and maternity cases). In this subsection “redundancy case” has the meaning given in section 59 of that Act.

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77

In section 238 of the 1992 Act (tribunal not to determine whether or not dismissal is fair where there is a lock-out or industrial action), after subsection (2) there shall be inserted—