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Scotland Act 1998

Reservation

What are reserved are employment rights and duties and industrial relations, including the subject-matter of the following:

(a)

the Employers’ Liability (Compulsory Insurance) Act 1969 which requires employers to insure against liability for injury or disease sustained by employees and arising out of and in the course of their employment;

(b)

the Employment Agencies Act 1973 which regulates employment agencies and employment businesses;

(c)

the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 which makes provision for lump sum payments to be paid by the State to or in respect of persons disabled by industrial lung diseases caused by various kinds of noxious dust at work;

(d)

the Transfer of Undertaking (Protection of Employment) Regulations 1981 which provide for the protection of employees’ rights on the transfer of an undertaking, such as the sale or disposal of a business;

(e)

the Trade Union and Labour Relations (Consolidation) Act 1992. This Act covers a wide range of matters to do with trade unions and labour relations including such matters as employers’ associations, collective bargaining, procedures for handling redundancies, industrial action, and the role of ACAS, the Certification Officer, the Central Arbitration Committee and the Commissioner of Rights of Trade Union members;

(f)

the Industrial Tribunals Act 1996(1) which is about industrial tribunals and the Employment Appeal Tribunal;

(g)

the Employment Rights Act 1996. This Act consolidates enactments about employment rights and covers matters such as protection of wages, suspension from work, rights to time off work and to notice, maternity rights, unfair dismissal, redundancy, and employees’ rights on the insolvency of an employer; and

(h)

the National Minimum Wage Act 1998. This Act provides for the setting of minimum wages in almost all sectors of employment.

1

This Act was renamed the Employment Tribunals Act 1996 by section 1 of the Employment Rights (Dispute Resolution) Act 1998.

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