Employment Relations Act 1999 (c. 26)

(The document as of February, 2008)

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(a) eliminating discrimination in the field of employment against part-time workers;

(b) facilitating the development of opportunities for part-time work;

(d) any matter dealt with in the framework agreement on part-time work annexed to Council Directive 97/81/EC.

(2) The Secretary of State may revise a code and issue the whole or part of the revised code.

(3) A person's failure to observe a provision of a code does not make him liable to any proceedings.

(4) A code--

(a) is admissible in evidence in proceedings before an employment tribunal, and

(b) shall be taken into account by an employment tribunal in any case in which it appears to the tribunal to be relevant.

21 Code of practice: supplemental

(1) Before issuing or revising a code of practice under section 20 the Secretary of State shall consult such persons as he considers appropriate.

(2) Before issuing a code the Secretary of State shall--

(a) publish a draft code,

(b) consider any representations made to him about the draft,

(3) If, having followed the procedure under subsection (2), the Secretary of State decides to issue a code, he shall lay a draft code before each House of Parliament.

(4) If the draft code is approved by resolution of each House of Parliament, the Secretary of State shall issue the code in the form of the draft.

(5) In this section and section 20(3) and (4)--

(a) a reference to a code includes a reference to a revised code,

(b) a reference to a draft code includes a reference to a draft revision, and

22 National minimum wage: communities

The following shall be inserted after section 44 of the [1998 c. 39.] National Minimum Wage Act 1998 (exclusions: voluntary workers)--

" 44A Religious and other communities: resident workers

(1) A residential member of a community to which this section applies does not qualify for the national minimum wage in respect of employment by the community.

(2) Subject to subsection (3), this section applies to a community if--

(a) it is a charity or is established by a charity,

(b) a purpose of the community is to practise or advance a belief of a religious or similar nature, and

(3) This section does not apply to a community which--

(a) is an independent school, or

(b) provides a course of further or higher education.

(4) The residential members of a community are those who live together as mentioned in subsection (2)(c).

(5) In this section--

(a) "charity" has the same meaning as in section 44, and

(b) "independent school" has the same meaning as in section 463 of the [1996 c. 56.] Education Act 1996 (in England and Wales), section 135 of the [1980 c. 44.] Education (Scotland) Act 1980 (in Scotland) and Article 2 of the [S.I. 1986/594 (N.I. 3).] Education and Libraries (Northern Ireland) Order 1986 (in Northern Ireland).

(6) In this section "course of further or higher education" means--

(a) in England and Wales, a course of a description referred to in Schedule 6 to the [1988 c. 40.] Education Reform Act 1988 or Schedule 2 to the [1992 c. 13.] Further and Higher Education Act 1992;

(b) in Scotland, a course or programme of a description mentioned in or falling within section 6(1) or 38 of the [1992 c. 37.] Further and Higher Education (Scotland) Act 1992;

(c) in Northern Ireland, a course of a description referred to in Schedule 1 to the [S.I. 1997/1772 (N.I. 15).] Further Education (Northern Ireland) Order 1997 or a course providing further education within the meaning of Article 3 of that Order. "

23 Power to confer rights on individuals

(1) This section applies to any right conferred on an individual against an employer (however defined) under or by virtue of any of the following--

(a) the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992;

(b) the [1996 c. 18.] Employment Rights Act 1996;

(d) any instrument made under section 2(2) of the [1972 c. 68.] European Communities Act 1972.

(2) The Secretary of State may by order make provision which has the effect of conferring any such right on individuals who are of a specified description.

(3) The reference in subsection (2) to individuals includes a reference to individuals expressly excluded from exercising the right.

(4) An order under this section may--

(a) provide that individuals are to be treated as parties to workers' contracts or contracts of employment;

(b) make provision as to who are to be regarded as the employers of individuals;

(c) make provision which has the effect of modifying the operation of any right as conferred on individuals by the order;

(d) include such consequential, incidental or supplementary provisions as the Secretary of State thinks fit.

(5) An order under this section may make provision in such way as the Secretary of State thinks fit, whether by amending Acts or instruments or otherwise.

(6) Section 209(7) of the [1996 c. 18.] Employment Rights Act 1996 (which is superseded by this section) shall be omitted.

(7) Any order made or having effect as if made under section 209(7), so far as effective immediately before the commencement of this section, shall have effect as if made under this section.

CAC, ACAS, Commissioners and Certification Officer

24 CAC: members

In section 260 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992 (members of the Committee) these subsections shall be substituted for subsections (1) to (3)--

" (1) The Central Arbitration Committee shall consist of members appointed by the Secretary of State.

(2) The Secretary of State shall appoint a member as chairman, and may appoint a member as deputy chairman or members as deputy chairmen.

(3) The Secretary of State may appoint as members only persons experienced in industrial relations, and they shall include some persons whose experience is as representatives of employers and some whose experience is as representatives of workers.

(3A) Before making an appointment under subsection (1) or (2) the Secretary of State shall consult ACAS and may consult other persons. "

25 CAC: proceedings

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as follows.

(2) In section 263 (proceedings of the Committee) this subsection shall be inserted after subsection (6)--

" (7) In relation to the discharge of the Committee's functions under Schedule A1--

(a) section 263A and subsection (6) above shall apply, and

(b) subsections (1) to (5) above shall not apply. "

(3) This section shall be inserted after section 263--

" 263A Proceedings of the Committee under Schedule A1

(1) For the purpose of discharging its functions under Schedule A1 in any particular case, the Central Arbitration Committee shall consist of a panel established under this section.

(2) The chairman of the Committee shall establish a panel or panels, and a panel shall consist of these three persons appointed by him--

(a) the chairman or a deputy chairman of the Committee, who shall be chairman of the panel;

(b) a member of the Committee whose experience is as a representative of employers;

(3) The chairman of the Committee shall decide which panel is to deal with a particular case.

(4) A panel may at the discretion of its chairman sit in private where it appears expedient to do so.

(5) If--

(a) a panel cannot reach a unanimous decision on a question arising before it, and

(b) a majority of the panel have the same opinion,

the question shall be decided according to that opinion.

(6) If--

(a) a panel cannot reach a unanimous decision on a question arising before it, and

(b) a majority of the panel do not have the same opinion,

the chairman of the panel shall decide the question acting with the full powers of an umpire or, in Scotland, an oversman.

(7) Subject to the above provisions, a panel shall determine its own procedure. "

(4) In section 264 (awards of the Committee)--

(a) in subsection (1) after "award" there shall be inserted ", or in any decision or declaration of the Committee under Schedule A1,";

(b) in subsection (2) after "of the Committee," there shall be inserted "or of a decision or declaration of the Committee under Schedule A1,".

26 ACAS: general duty

In section 209 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992 (ACAS' general duty) the words from ", in particular" to the end shall be omitted.

27 ACAS: reports

(1) In section 253(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (ACAS: annual report) for "calendar year" there shall be substituted "financial year".

(2) In section 265(1) of that Act (ACAS: report about CAC) for "calendar year" there shall be substituted "financial year".

28 Abolition of Commissioners

(1) These offices shall cease to exist--

(a) the office of Commissioner for the Rights of Trade Union Members;

(b) the office of Commissioner for Protection Against Unlawful Industrial Action.

(2) In the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992 these provisions shall cease to have effect--

(a) Chapter VIII of Part I (provision by Commissioner for the Rights of Trade Union Members of assistance in relation to certain proceedings);

(b) sections 235B and 235C (provision of assistance by Commissioner for Protection Against Unlawful Industrial Action of assistance in relation to certain proceedings);

(c) section 266 (and the heading immediately preceding it) and sections 267 to 271 (Commissioners' appointment, remuneration, staff, reports, accounts, etc.).

(3) In section 32A of that Act (statement to members of union following annual return) in the third paragraph of subsection (6)(a) (application for assistance from Commissioner for the Rights of Trade Union Members) for the words from "may" to "case," there shall be substituted "should".

29 The Certification Officer

Schedule 6 shall have effect.

Miscellaneous

30 Partnerships at work

(1) The Secretary of State may spend money or provide money to other persons for the purpose of encouraging and helping employers (or their representatives) and employees (or their representatives) to improve the way they work together.

(2) Money may be provided in such way as the Secretary of State thinks fit (whether as grants or otherwise) and on such terms as he thinks fit (whether as to repayment or otherwise).

31 Employment agencies

Schedule 7 shall have effect.

32 Employment rights: employment outside Great Britain

(1) In section 285(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (employment outside Great Britain) for "Chapter II (procedure for handling redundancies)" there shall be substituted "sections 193 and 194 (duty to notify Secretary of State of certain redundancies)".

(2) After section 287(3) of that Act (offshore employment) there shall be inserted--

" (3A) An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. " .

(3) Section 196 of the [1996 c. 18.] Employment Rights Act 1996 (employment outside Great Britain) shall cease to have effect; and in section 5(1) for "sections 196 and" there shall be substituted "section".

(4) After section 199(6) of that Act (mariners) there shall be inserted--

" (7) The provisions mentioned in subsection (8) apply to employment on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 if and only if--

(a) the ship's entry in the register specifies a port in Great Britain as the port to which the vessel is to be treated as belonging,

(b) under his contract of employment the person employed does not work wholly outside Great Britain, and

(8) The provisions are--

(a) sections 8 to 10,

(b) Parts II, III and V,

(d) Parts VII and VIII,

(e) sections 92 and 93, and

(f) Part X. "

33 Unfair dismissal: special and additional awards

(1) The following provisions (which require, or relate to, the making of special awards by employment tribunals in unfair dismissal cases) shall cease to have effect--

(a) sections 117(4)(b), 118(2) and (3) and 125 of the [1996 c. 18.] Employment Rights Act 1996 (and the word "or" before section 117(4)(b));

(b) sections 157 and 158 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992.

(2) In section 117(3)(b) of the Employment Rights Act 1996 (amount of additional award) for "the appropriate amount" there shall be substituted "an amount not less than twenty-six nor more than fifty-two weeks' pay"; and subsections (5) and (6) of section 117 shall cease to have effect.

(3) In section 14 of the [1998 c. 8.] Employment Rights (Dispute Resolution) Act 1998--

(a) subsection (1) shall cease to have effect, and

(b) in subsection (2) for "that Act" substitute "the Employment Rights Act 1996".

34 Indexation of amounts, &c

(1) This section applies to the sums specified in the following provisions--

(a) section 31(1) of the Employment Rights Act 1996 (guarantee payments: limits);

(b) section 120(1) of that Act (unfair dismissal: minimum amount of basic award);

(d) section 186(1)(a) and (b) of that Act (employee's rights on insolvency of employer: maximum amount payable);

(e) section 227(1) of that Act (maximum amount of a week's pay for purposes of certain calculations);

(f) section 156(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (unfair dismissal: minimum basic award);

(g) section 176(6) of that Act (right to membership of trade union: remedies).

(2) If the retail prices index for September of a year is higher or lower than the index for the previous September, the Secretary of State shall as soon as practicable make an order in relation to each sum mentioned in subsection (1)--

(a) increasing each sum, if the new index is higher, or

(b) decreasing each sum, if the new index is lower,

by the same percentage as the amount of the increase or decrease of the index.

(3) In making the calculation required by subsection (2) the Secretary of State shall--

(a) in the case of the sum mentioned in subsection (1)(a), round the result up to the nearest 10 pence,

(b) in the case of the sums mentioned in subsection (1)(b), (c), (f) and (g), round the result up to the nearest £100, and

(4) For the sum specified in section 124(1) of the [1996 c. 18.] Employment Rights Act 1996 (unfair dismissal: limit of compensatory award) there shall be substituted the sum of £50,000 (subject to subsection (2) above).

(5) In this section "the retail prices index" means--

(a) the general index of retail prices (for all items) published by the Office for National Statistics, or

(b) where that index is not published for a month, any substituted index or figures published by that Office.

(6) An order under this section--

(a) shall be made by statutory instrument,

(b) may include transitional provision, and

35 Guarantee payments

For section 31(7) of the Employment Rights Act 1996 (guarantee payments: limits) there shall be substituted--

" (7) The Secretary of State may by order vary--

(a) the length of the period specified in subsection (2);

(b) a limit specified in subsection (3) or (4). "

36 Sections 33 to 35: consequential

(1) The following provisions (which confer power to increase sums) shall cease to have effect--

(a) sections 120(2), 124(2), 186(2) and 227(2) to (4) of the Employment Rights Act 1996;

(b) sections 159 and 176(7) and (8) of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992.

(2) Section 208 of the Employment Rights Act 1996 (review of limits) shall cease to have effect.

(3) An increase effected, before section 34 comes into force, by virtue of a provision repealed by this section shall continue to have effect notwithstanding this section (but subject to section 34(2) and (4)).

37 Compensatory award etc: removal of limit in certain cases

(1) After section 124(1) of the Employment Rights Act 1996 (limit of compensatory award etc) there shall be inserted--

" (1A) Subsection (1) shall not apply to compensation awarded, or a compensatory award made, to a person in a case where he is regarded as unfairly dismissed by virtue of section 100, 103A, 105(3) or 105(6A). "

(2) Section 127B of that Act (power to specify method of calculation of compensation where dismissal a result of protected disclosure) shall cease to have effect.

38 Transfer of undertakings

(1) This section applies where regulations under section 2(2) of the [1972 c. 68.] European Communities Act 1972 (general implementation of Treaties) make provision for the purpose of implementing, or for a purpose concerning, a Community obligation of the United Kingdom which relates to the treatment of employees on the transfer of an undertaking or business or part of an undertaking or business.

(2) The Secretary of State may by regulations make the same or similar provision in relation to the treatment of employees in circumstances other than those to which the Community obligation applies (including circumstances in which there is no transfer, or no transfer to which the Community obligation applies).

(3) Regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

39 Minimum wage: information

(1) Information obtained by a revenue official in the course of carrying out a function of the Commissioners of Inland Revenue may be--

(a) supplied by the Commissioners of Inland Revenue to the Secretary of State for any purpose relating to the [1998 c. 39.] National Minimum Wage Act 1998;

(b) supplied by the Secretary of State with the authority of the Commissioners of Inland Revenue to any person acting under section 13(1)(b) of that Act;

(c) supplied by the Secretary of State with the authority of the Commissioners of Inland Revenue to an officer acting for the purposes of any of the agricultural wages legislation.

(2) In this section--

"revenue official" means an officer of the Commissioners of Inland Revenue appointed under section 4 of the [1890 c. 21.] Inland Revenue Regulation Act 1890 (appointment of collectors, officers and other persons), and
"the agricultural wages legislation" has the same meaning as in section 16 of the National Minimum Wage Act 1998 (agricultural wages officers).

40 Dismissal of school staff

(1) In paragraph 27(3)(b) of Schedule 16 to the School Standards and Framework Act 1998 (dismissal of staff: representations and appeal) for "for a period of two years or more (within the meaning of the [1988 c. 31.] Employment Rights Act 1996)" there shall be substituted ", within the meaning of the Employment Rights Act 1996, for a period at least as long as the period for the time being specified in section 108(1) of that Act (unfair dismissal: qualifying period)".

(2) In paragraph 24(4)(b) of Schedule 17 to the [1988 c. 31.] School Standards and Framework Act 1998 (dismissal of staff: representations and appeal) for "for a period of two years or more (within the meaning of the Employment Rights Act 1996)" there shall be substituted ", within the meaning of the Employment Rights Act 1996, for a period at least as long as the period for the time being specified in section 108(1) of that Act (unfair dismissal: qualifying period)".

41 National security

Schedule 8 shall have effect.

General

42 Orders and regulations

(1) Any power to make an order or regulations under this Act shall be exercised by statutory instrument.

(2) No order or regulations shall be made under section 3, 17, 19 or 23 unless a draft has been laid before, and approved by resolution of, each House of Parliament.

43 Finance

There shall be paid out of money provided by Parliament--

(a) any increase attributable to this Act in the sums so payable under any other enactment;

(b) any other expenditure of the Secretary of State under this Act.

44 Repeals

The provisions mentioned in Schedule 9 are repealed (or revoked) to the extent specified in column 3.

45 Commencement

(1) The preceding provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order made by statutory instrument.

(2) An order under this section--

(a) may make different provision for different purposes;

(b) may include supplementary, incidental, saving or transitional provisions.

46 Extent

(1) Any amendment or repeal in this Act has the same extent as the provision amended or repealed.

(2) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to any of the purposes of this Act--

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Apart from sections 39 and 45 and subject to subsection (1), the preceding sections of this Act shall not extend to Northern Ireland.

47 Citation

This Act may be cited as the Employment Relations Act 1999.

SCHEDULES

Section 1.

SCHEDULE 1 Collective Bargaining: Recognition

The Schedule to be inserted immediately before Schedule 1 to the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992 is as follows--

" SCHEDULE A1 Collective Bargaining: Recognition

Part I Recognition

Introduction

1 A trade union (or trade unions) seeking recognition to be entitled to conduct collective bargaining on behalf of a group or groups of workers may make a request in accordance with this Part of this Schedule.

2 (1) This paragraph applies for the purposes of this Part of this Schedule.

(2) References to the bargaining unit are to the group of workers concerned (or the groups taken together).

(3) References to the proposed bargaining unit are to the bargaining unit proposed in the request for recognition.

(4) References to the employer are to the employer of the workers constituting the bargaining unit concerned.

(5) References to the parties are to the union (or unions) and the employer.

3 (1) This paragraph applies for the purposes of this Part of this Schedule.

(2) The meaning of collective bargaining given by section 178(1) shall not apply.

(3) References to collective bargaining are to negotiations relating to pay, hours and holidays; but this has effect subject to sub-paragraph (4).

(4) If the parties agree matters as the subject of collective bargaining, references to collective bargaining are to negotiations relating to the agreed matters; and this is the case whether the agreement is made before or after the time when the CAC issues a declaration, or the parties agree, that the union is (or unions are) entitled to conduct collective bargaining on behalf of a bargaining unit.

(5) Sub-paragraph (4) does not apply in construing paragraph 31(3).

(6) Sub-paragraphs (2) to (5) do not apply in construing paragraph 35 or 44.

Request for recognition

4 (1) The union or unions seeking recognition must make a request for recognition to the employer.

(2) Paragraphs 5 to 9 apply to the request.

5 The request is not valid unless it is received by the employer.

6 The request is not valid unless the union (or each of the unions) has a certificate under section 6 that it is independent.

7 (1) The request is not valid unless the employer, taken with any associated employer or employers, employs--

(a) at least 21 workers on the day the employer receives the request, or

(b) an average of at least 21 workers in the 13 weeks ending with that day.

(2) To find the average under sub-paragraph (1)(b)--

(a) take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);

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