Employment Rights Act 1996

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Changes and effects

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Blanket amendment words substituted by S.I. 2011/1043 art. 3 4

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

s. 207A and cross-heading inserted by S.I. 2011/1133 reg. 48

Commencement Orders yet to be applied to the Employment Rights Act 1996:

Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/392 art. 2 commences (2002 c. 21)
S.I. 2003/766 art. 2 Sch. commences (2002 c. 40)
S.I. 2003/938 art. 2 Sch. commences (2002 c. 21)
S.I. 2003/962 art. 2(3) (4) Sch. 1 2 commences (2002 c. 21)
S.I. 2003/1397 art. 2(1) Sch. commences (2002 c. 40)
S.I. 2003/1667 art. 4 commences (2002 c. 32)
S.I. 2003/2093 art. 2(1) Sch. 1 art. 2(2) Sch. 2 commences (2002 c. 40)
S.I. 2004/3338 art. 3(c) commences (2002 c. 30)
S.I. 2004/3342 art. 4(c) commences (2004 c. 24)
S.I. 2005/3056 art. 2(2) commences (2003 c. 17)
S.I. 2005/3175 art. 2(2) commences (2004 c. 33)
S.I. 2007/709 art. 3(p) commences (2006 c. 48)
S.I. 2007/2913 art. 3 commences (2006 c. 52)
S.I. 2009/812 art. 3(a)(b) commences (2006 c. 52)
S.I. 2009/3250 art. 2(h) commences (2007 c. 29)
S.I. 2010/128 art. 2 commences (2006 c. 18)
S.I. 2010/495 art. 3(a) art. 3(c) art. 4(d) art. 4(e) commences (2006 c. 18)
S.I. 2011/882 art. 2 amendment to earlier commencing SI 2010/303 art. 7 Sch. 6
S.I. 2012/924 art. 2 Coming into force
S.I. 2012/1682 art. 2 Sch. 2 commences (2008 c. 30)

195 House of Commons 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 Commons 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]]]]F4, 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,]

F6(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 Commons 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 Commons.]

F8(3)For the purposes of the application of the provisions of this Act to which this section applies in relation to a relevant member of the House of Commons staff—

(a)references to an employee shall be construed as references to a relevant member of the House of Commons staff,

(b)references to a contract of employment shall be construed as including references to the terms of employment of a relevant member of the House of Commons staff,

(c)references to dismissal shall be construed as including references to the termination of the employment of a relevant member of the House of Commons staff, and

(d)references to an undertaking [F9(other than in section 98B)]F9 shall be construed as references to the House of Commons.

(4)Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Commons staff from bringing before the High Court or a 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)In this section “relevant member of the House of Commons staff” means any person—

(a)who was appointed by the House of Commons Commission or is employed in the refreshment department, or

(b)who is a member of the Speaker’s personal staff.

(6)Subject to subsection (7), for the purposes of—

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

(b)Part XI (where applicable to relevant members of the House of Commons staff), and

(c)a claim within subsection (4),

the House of Commons Commission is the employer of staff appointed by the Commission and the Speaker is the employer of his personal staff and of any person employed in the refreshment department and not appointed by the Commission.

(7)Where the House of Commons Commission or the Speaker designates a person to be treated for all or any of the purposes mentioned in subsection (6) as the employer of any description of staff (other than the Speaker’s personal staff), the person so designated shall be treated for those purposes as their employer.

(8)Where any proceedings are brought by virtue of this section against—

(a)the House of Commons Commission,

(b)the Speaker, or

(c)any person designated under subsection (7),

the person against whom the proceedings are brought may apply to the court or [F10employment tribunal] concerned to have some other person against whom the proceedings could at the time of the application be properly brought substituted for him as a party to the proceedings.

(9)For the purposes mentioned in subsection (6)—

(a)a person’s employment in or for the purposes of the House of Commons shall not (provided he continues to be employed in such employment) be treated as terminated by reason only of a change in his employer, and

(b)(provided he so continues) his first appointment to such employment shall be deemed after the change to have been made by his employer for the time being.

(10)In accordance with subsection (9)—

(a)an employee shall be treated for the purposes mentioned in subsection (6) as being continuously employed by his employer for the time being from the commencement of his employment until its termination, and

(b)anything done by or in relation to his employer for the time being in respect of his employment before the change shall be so treated as having been done by or in relation to the person who is his employer for the time being after the change.

(11)In subsections (9) and (10) “employer for the time being”, in relation to a person who has ceased to be employed in or for the purposes of the House of Commons, means the person who was his employer immediately before he ceased to be so employed, except that where some other person would have been his employer for the time being if he had not ceased to be so employed it means that other person.

(12)If the House of Commons resolves at any time that any provision of subsections (5) to (8) should be amended in its application to any member of the staff of that House, Her Majesty may by Order in Council amend that provision accordingly.

Annotations:

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Amendments (Textual)

F1Words in s. 195(2)(c) substituted (1.10.1998) by S.I. 1998/1833, reg. 31(5)

F2Words in s. 195(2)(c) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 37(2); S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)