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Employment Rights Act 1996

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Employment Rights Act 1996, Section 194 is up to date with all changes known to be in force on or before 22 June 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 8(2)(e) and word inserted by S.I. 2018/147 art. 2(b)
  • s. 43K(1)(ca) and word omitted by 2013 c. 24 s. 20(5) (This amendment not applied to legislation.gov.uk. The insertion of s. 43K(1)(ba) by S.I. 2006/1056, Sch. para. 7 is to come into force on the day on which 2005 asp 13, s. 20 comes into force and that provision has never been brought into force)
  • s. 43K(2)(ba) omitted by 2013 c. 24 s. 20(6) (This amendment not applied to legislation.gov.uk. The insertion of s. 43K(1)(ba) by S.I. 2006/1056, Sch. para. 7 is to come into force on the day on which 2005 asp 13, s. 20 comes into force and that provision has never been brought into force)
  • s. 47AA inserted by 2008 c. 25 s. 37
  • s. 49C inserted by 2017 c. 16 s. 32(4)
  • s. 101B inserted by 2008 c. 25 s. 38
  • s. 105(4B) inserted by 2008 c. 25 s. 39(3)
  • s. 108(3)(de) inserted by 2008 c. 25 s. 39(4)
  • s. 110(3A) inserted by 2002 c. 22 s. 44
194 House of Lords staff.E+W+S

(1)The provisions of this Act to which this section applies have effect in relation to employment as a relevant member of the House of Lords staff as they have effect in relation to other employment.

(2)This section applies to—

(a)Part I,

(b)Part III,

(c)in Part V, [F1sections [F243M,] 44, 45A [F3, 47 [F4, 47C [F5, 47D and 47E]]]], and sections 48 and 49 so far as relating to those sections,

(d)Part VI, apart from sections 58 to 60,

[F6(e)Parts [F76A,] 7, 8 and 8A,]

(f)in Part IX, sections 92 and 93,

(g)Part X, apart from sections 101 and 102, and

(h)this Part and Parts XIV and XV.

[F8(2A)For the purposes of the application of section 98B(2) in relation to a relevant member of the House of Lords staff, the reference to the employer’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.]

(3)For the purposes of the application of [F9the other provisions] of this Act to which this section applies in relation to a relevant member of the House of Lords staff references to an undertaking shall be construed as references to the House of Lords.

(4)Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Lords staff from bringing before the High Court or [F10the county court]

(a)a claim arising out of or relating to a contract of employment or any other contract connected with employment, or

(b)a claim in tort arising in connection with employment.

(5)Where the terms of the contract of employment of a relevant member of the House of Lords staff restrict his right to take part in—

(a)certain political activities, or

(b)activities which may conflict with his official functions,

nothing in section 50 requires him to be allowed time off work for public duties connected with any such activities.

(6)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.

(7)For the purposes of the application of—

(a)the provisions of this Act to which this section applies, or

(b)a claim within subsection (4),

in relation to a person continuously employed in or for the purposes of the House of Lords up to the time when he became so employed under a contract of employment with the Corporate Officer of the House of Lords, his employment shall not be treated as having been terminated by reason only of a change in his employer before or at that time.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 194(2)(c) substituted (1.10.1998) by S.I. 1998/1833, reg. 31(5)

F3Words in s. 194(2)(c) substituted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 32; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)

F4Words in s. 194(2)(c) substituted (1.9.2002 for certain purposes, otherwise prosp.) by Tax Credits Act 2002 (c. 21), s. 27, Sch. 1 para. 1(6)(a); S.I. 2002/1727, art. 2; and those same words substituted (6.4.2003) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 43(a); S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3

F5Words in s. 194(2)(c) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 41(7), 59(2)-(4); S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)

F7Words in s. 194(2)(e) inserted (6.4.2010 for certain purposes and otherwise prosp.) by virtue of Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 40, 269(4), Sch. 1 para. 5; S.I. 2010/303, art. 4, Sch. 3 (with arts. 8-14) (as amended by S.I. 2010/1151, art. 22)

F10Words in s. 194(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

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