146A National Security.

1

Where in the opinion of any Minister of the Crown the disclosure of any information would be contrary to the interests of national security—

a

nothing in any of the provisions to which this section applies shall require any person to disclose the information, and

b

no person shall disclose the information in any proceedings in any court or tribunal relating to any of those provisions.

2

This section applies to—

a

Part I so far as it relates to employment particulars,

b

sections 22A to 22C and section 31A,

c

Part III,

d

section 53(2A),

e

Part V so far as relating to a dismissal which is regarded as unfair by reason of section 57A, 59(1)(a) or 60, and

f

Part VIII and this Part so far as relating to any of the provisions in paragraphs (a) to (e).

c

for requiring or enabling the Appeal Tribunal to sit in private in circumstances in which an industrial tribunal is required or empowered to sit in private by virtue of paragraph 1 of Schedule 9;

10B

This section applies in relation to employment as a relevant member of the House of Lords staff as in relation to other employment.

In this subsection “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.

85B Application to House of Lords staff.

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 M4Employment Protection (Consolidation) Act 1978; and subsection (6) of that section applies for the purposes of this section.

75B Application to House of Lords staff.

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.

House of Lords staff

139A Provisions as to House of Lords staff.

1

The provisions of Parts I, II, III, V and VIII, and this Part and section 53 shall apply in relation to employment as a relevant member of the House of Lords staff as they apply to other employment.

2

Nothing in any rule of law or the law or practice of Parliament shall prevent a relevant member of the House of Lords staff from bringing a civil employment claim before the court or from bringing before an industrial tribunal proceedings of any description which could be brought before such a tribunal by a person who is not such a member.

3

For the purposes of the application of the enactments applied by subsection (1) in relation to a relevant member of the House of Lords staff—

a

the reference in paragraph 1(5)(c) of Schedule 9 to a person’s undertaking or any undertaking in which he works 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.

4

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

a

certain political activities, or

b

activities which may conflict with his official functions,

nothing in section 29 shall require him to be allowed time off work for public duties connected with any such activities.

5

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 the county court.

6

For the purposes of the application of the enactments applied by subsection (1) and of any civil employment claim 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.

2A

The Secretary of State may by order provide that, subject to any such modifications and exceptions as may be prescribed in the order, sections 22A to 22C (and any other provisions of this Act so far as relating to those sections) shall apply to such descriptions of persons other than employees as may be prescribed in the order as they apply to employees (but as if references to their employer were references to such person as may be so prescribed).

7

Schedule 14 to the M6Employment 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 M7Trade 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.

iii

c

he terminates a contract with that person for the supply of goods or services.

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.