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SCHEDULES

Section 49(1).

SCHEDULE 7E+W+S Miscellaneous Amendments

Unfair selection for dismissal in redundancy cases:exclusion of qualifying conditionsE+W+S

1In 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)—E+W+S

(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—

Qualifying period for unfair dismissal protection: small businessesE+W+S

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

Application of 1978 Act to Crown Employment and House of Commons StaffE+W+S

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

Restrictions on disclosure of information, etc on grounds of national securityE+W+S

F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F5Sch. 7 para. 6 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F6Sch. 7 para. 7 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

Extension of employment protection provisions and related legislation to House of Lords StaffE+W+S

F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F7Sch. 7 para. 8 repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2))

9After section 85A of the M1Sex Discrimination Act 1975 (application to House of Commons staff) there shall be inserted—E+W+S

85B Application to House of Lords staff.

(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 M2Employment Protection (Consolidation) Act 1978; and subsection (6) of that section applies for the purposes of this section..

Annotations:

Marginal Citations

10After section 75A of the M3Race Relations Act 1976 (application to House of Commons staff) there shall be inserted—E+W+S

75B Application to House of Lords staff.

(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..

Annotations:

Marginal Citations

F811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

12In section 277 of the 1992 Act (House of Lords staff)—E+W+S

(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)—

(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—

Power to extend 1978 Act in certain health and safety casesE+W+S

F913. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

Power to provide for continuity of employment following reinstatement or re-engagementE+W+S

F1014. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

Codes of practice on employment : use in proceedingsE+W+S

F1115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

Parliamentary procedure: orders modifying application of redundancy provisionsE+W+S

F1216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

Miscellaneous minor corrections and amendmentsE+W+S

17In 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 ”.E+W+S

18In section 34(5) of the 1992 Act (eligibility for appointment as auditor), the second sentence shall be omitted.E+W+S

19In section 35(5) of the 1992 Act (appointment and removal of auditors)—E+W+S

(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) ”.

F1320. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

21In 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—E+W+S

(7)Schedule 14 to the M4Employment 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 M5Trade 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..

Annotations:

Marginal Citations

22In 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) ”.E+W+S

23In section 187(2) of the 1992 Act (meaning of refusal to deal where refusal on grounds of union exclusion), paragraph (c) shall become subparagraph,E+W+S

(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..

24In section 228 of the 1992 Act (separate workplace ballots before action by trade union) after subsection (3) there shall be inserted—E+W+S

(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..

25In 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) ”.E+W+S

26In section 246 of the 1992 Act (minor definitions relating to industrial action provisions) the definition of “place of work” shall be omitted.E+W+S

27In section 278(4)(c) of the 1992 Act (House of Commons staff), after the word in there shall be inserted the word “ section ”.E+W+S