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SCHEDULES

SCHEDULE 7Miscellaneous Amendments

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—

(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)—

(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—