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Part IIE+W+S+N.I. Employment Rights

MaternityE+W+S

F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F1Ss. 23-26 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F2Ss. 23-26 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F325. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F3Ss. 23-26 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Employment particularsE+W+S

F426. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F4Ss. 23-26 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F527. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F5S. 27 repealed (6.2.1995) by 1995/31, reg. 6, Sch.

Employment protection in health and safety casesE+W+S

F628. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F6Ss. 28-31 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Unfair dismissal: assertion of statutory rightE+W+S

F729. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F7Ss. 28-31 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Reinstatement orders: compensationE+W+S

F830. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F8Ss. 28-31 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Service in armed forcesE+W+S

F931. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F9Ss. 28-31 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Sex discriminationE+W+S

32 Right to declaration of invalidity of discriminatory terms and rules.E+W+S

In section 6 of the M1Sex Discrimination Act 1986 (application of section 77 of the M2Sex 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 [F10employment 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 [F10employment 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..

Annotations:

Amendments (Textual)

F10Words in s. 32 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Marginal Citations

Transfer and redundancy rightsE+W+S+N.I.

F1133 Amendments of transfer of undertakings regulations.E+W+S+N.I.

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

Annotations:

Amendments (Textual)

F11S. 33 repealed (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 20(2)

34 Redundancy consultation procedures.E+W+S

(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.,

F12(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. ”.

F13(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 Construction of references to dismissal as redundant etc.

(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..

F14(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F12S. 34(2)(b) omitted (26.10.1995) by virtue of S.I. 1995/2587, reg. 3(11)

Modifications etc. (not altering text)

C1S. 34 restricted (27.7.1993) by S.I. 1993/1908, art. 3(12).