Textual Amendments
F1Crossheading inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3
(1)On application by the Secretary of State, an [F3employment tribunal] may by order prohibit a person from carrying on, or being concerned with the carrying on of—
(a)any employment agency or employment business; or
(b)any specified description of employment agency or employment business.
(2)An order under subsection (1) of this section (in this Act referred to as “a prohibition order”) may either prohibit a person from engaging in an activity altogether or prohibit him from doing so otherwise than in accordance with specified conditions.
(3)A prohibition order shall be made for a period beginning with the date of the order and ending—
(a)on a specified date, or
(b)on the happening of a specified event,
in either case, not more than ten years later.
(4)Subject to subsections (5) and (6) of this section, an [F3employment tribunal] shall not make a prohibition order in relation to any person unless it is satisfied that he is, on account of his misconduct or for any other sufficient reason, unsuitable to do what the order prohibits.
(5)An [F3employment tribunal] may make a prohibition order in relation to a body corporate if it is satisfied that—
(a)any director, secretary, manager or similar officer of the body corporate,
(b)any person who performs on behalf of the body corporate the functions of a director, secretary, manager or similar officer, or
(c)any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act,
is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits.
(6)An [F3employment tribunal] may make a prohibition order in relation to a partnership if it is satisfied that any member of the partnership, or any manager employed by the partnership, is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits.
(7)For the purposes of subsection (4) of this section, where an employment agency or employment business has been improperly conducted, each person who was carrying on, or concerned with the carrying on of, the agency or business at the time, shall be deemed to have been responsible for what happened unless he can show that it happened without his connivance or consent and was not attributable to any neglect on his part.
(8)A person shall not be deemed to fall within subsection (5)(c) of this section by reason only that the directors act on advice given by him in a professional capacity.
(9)In this section—
“director”, in relation to a body corporate whose affairs are controlled by its members, means a member of the body corporate; and
“specified”, in relation to a prohibition order, means specified in the order.
Textual Amendments
F2S. 3A inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3
F3Words in s. 3A(1)(4)-(6) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2(1), Sch. 1
Any person who, without reasonable excuse, fails to comply with a prohibition order shall be guilty of an offence and liable [F5—
(a)on conviction on indictment, to a fine;
(b)on summary conviction, to a fine not exceeding the statutory maximum.]
Textual Amendments
F4S. 3B inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3
F5Words in s. 3B substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 15, 22(1)(e)
(1)On application by the person to whom a prohibition order applies, an [F7employment tribunal] may vary or revoke the order if the tribunal is satisfied that there has been a material change of circumstances since the order was last considered.
(2)An [F7employment tribunal] may not, on an application under this section, so vary a prohibition order as to make it more restrictive.
(3)The Secretary of State shall be a party to any proceedings before an [F7employment tribunal] with respect to an application under this section, and be entitled to appear and be heard accordingly.
(4)When making a prohibition order or disposing of an application under this section, an [F7employment tribunal] may, with a view to preventing the making of vexatious or frivolous applications, by order prohibit the making of an application, or further application, under this section in relation to the prohibition order before such date as the tribunal may specify in the order under this subsection.
Textual Amendments
F6S. 3C inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3
F7Words in s. 3C substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2(1), Sch.
(1)An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an [F9employment tribunal] under section 3A or 3C of this Act.
(2)No other appeal shall lie from a decision of an [F9employment tribunal] under section 3A or 3C of this Act; and section 11 of the Tribunals and Inquiries M1Act 1992 (appeals from certain tribunals to High Court or Court of Session) shall not apply to proceedings before an [F9employment tribunal] under section 3A or 3C of this Act.
Textual Amendments
F8S. 3D inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3
F9Words in s. 3D substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2(1), Sch. 1
Marginal Citations