Search Legislation

Trade Union Reform and Employment Rights Act 1993

Status:

This is the original version (as it was originally enacted).

Extension of employment protection provisions and related legislation to House of Lords Staff

8In section 1 of the [1970 c. 41.] Equal Pay Act 1970 (requirement of equal treatment for men and women), after subsection (10A) there shall be inserted—

(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 [1978 c. 44.] Employment Protection (Consolidation) Act 1978; and subsection (6) of that section applies for the purposes of this section..

9After section 85A of the [1975 c. 65.] Sex Discrimination Act 1975 (application to House of Commons staff) there shall be inserted—

85BApplication 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 [1978 c. 44.] Employment Protection (Consolidation) Act 1978; and subsection (6) of that section applies for the purposes of this section..

10After section 75A of the [1976 c. 74.] Race Relations Act 1976 (application to House of Commons staff) there shall be inserted—

75BApplication 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..

11After section 139 of the 1978 Act there shall be inserted—

House of Lords staff

139AProvisions 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..

12In 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..

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources