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There are currently no known outstanding effects for the Trade Union Reform and Employment Rights Act 1993, SCHEDULE 7.
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Section 49(1).
1E+W+SIn 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)—
(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—
“inadmissible”, in relation to a reason, means that it is one of those specified in section 152(1); and
“a redundancy case” means a case where the reason or principal reason for the dismissal was that the employee was redundant but the equal application of the circumstances to non-dismissed employees required by section 153(a) is also shown.”, and the words preceding that subsection (2) shall become subsection (1).
F12E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 7 paras. 2-5 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)
F23E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 7 paras. 2-5 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)
F34E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 7 paras. 2-5 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)
F45E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 7 paras. 2-5 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)
F56E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 7 para. 6 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)
F67E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 7 para. 7 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)
F78E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 7 para. 8 repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010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))
9E+W+SAfter section 85A of the M1Sex Discrimination Act 1975 (application to House of Commons staff) there shall be inserted—
(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.”.
10E+W+SAfter section 75A of the M3Race Relations Act 1976 (application to House of Commons staff) there shall be inserted—
(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.”.
Marginal Citations
F811E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 7 para. 11 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)
12E+W+SIn section 277 of the 1992 Act (House of Lords staff)—
(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)—
sections 184 and 185 (remedy for failure to comply with declaration as to disclosure of information),
Chapter II of Part IV (procedure for handling redundancies).”,
(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—
“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;
“civil employment claim” means a claim arising out of or relating to a contract of employment or any other contract connected with employment, or a claim in tort arising in connection with a person’s employment; and
“the court” means the High Court or a county court.”.
F913E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Sch. 7 para. 13 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)
F1014E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10Sch. 7 para. 14 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)
F1115E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Sch. 7 para. 15 repealed (1.10.2007) by Equality Act 2006 (c. 3), s. 93(1), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(d)
F1216E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Sch. 7 para. 16 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)
17E+W+SIn 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 ”.
18E+W+SIn section 34(5) of the 1992 Act (eligibility for appointment as auditor), the second sentence shall be omitted.
19E+W+SIn section 35(5) of the 1992 Act (appointment and removal of auditors)—
(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) ”.
F1320E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Sch. 7 para. 20 repealed (25.10.1999) by 1999 c. 26, s. 44, Sch. 9(6); S.I. 1999/2830, art. 2(3), Sch. 2 Pt. I
21E+W+SIn 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—
“(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.”.
22E+W+SIn 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) ”.
23E+W+SIn section 187(2) of the 1992 Act (meaning of refusal to deal where refusal on grounds of union exclusion), paragraph (c) shall become subparagraph,
“(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.”.
24E+W+SIn section 228 of the 1992 Act (separate workplace ballots before action by trade union) after subsection (3) there shall be inserted—
“(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.”.
25E+W+SIn 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) ”.
26E+W+SIn section 246 of the 1992 Act (minor definitions relating to industrial action provisions) the definition of “place of work” shall be omitted.
27E+W+SIn section 278(4)(c) of the 1992 Act (House of Commons staff), after the word in there shall be inserted the word “ section ”.
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