Trade Union Reform and Employment Rights Act 1993 (c. 19)

(The document as of February, 2008)

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(ii) her contract of employment was terminated within the four week period following the end of her maternity leave period in circumstances where she continued to be incapable of work and the certificate relating to her incapacity remained current,

is that she has given birth to a child or any other reason connected with her having given birth to a child,

(e) the reason (or, if there is more than one, the principal reason) for her dismissal is a requirement or recommendation such as is referred to in section 45(1), or

(f) her maternity leave period is ended by the dismissal, and the reason (or, if there is more than one, the principal reason) for her dismissal is that she is redundant and section 38 has not been complied with.

For the purposes of paragraph (c) above a woman "takes maternity leave" if she is absent from work during her maternity leave period and a woman "avails herself of the benefits of maternity leave" if, during her maternity leave period, she avails herself of the benefit of any of the terms and conditions of her employment preserved by section 33 during that period. " .

(2) In section 59 of the 1978 Act (dismissal on ground of redundancy),--

(a) for the words "employer, and" there shall be substituted the words " employer, and either--

(a) that the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was an inadmissible reason; or " ; and

(b) there shall be inserted at the end, 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 60(a) to (e) " ;

and the words preceding that subsection (2) shall become subsection (1).

(3) In section 64 of the 1978 Act (qualifying period for right not to be unfairly dismissed), after subsection (2) there shall be inserted--

" (3) Subsection (1) shall not apply to the dismissal of an employee if it is shown that the reason (or, if more than one, the principal reason) for the dismissal or, in a redundancy case, for selecting the employee for dismissal, was an inadmissible reason.

(4) For the purposes of subsection (3) "inadmissible", in relation to a reason, means that it is one of those specified in section 60(a) to (e).

(5) Subsection (1) shall not apply to a case falling within section 60(f). " .

(4) In section 53 of that Act (written statement of reasons for dismissal), after subsection (2) there shall be inserted--

" (2A) An employee shall be entitled (without making any request and irrespective of whether or not she has been continuously employed for any period) to be provided by her employer with a written statement giving particulars of the reasons for her dismissal if she is dismissed--

(a) at any time while she is pregnant, or

(b) after childbirth in circumstances in which her maternity leave period ends by reason of the dismissal. " .

25 Rights on suspension on maternity grounds

After section 44 of the 1978 Act (set out in Schedule 2 to this Act) there shall be inserted as provisions of Part III the sections 45 to 47, together with the heading, set out in Schedule 3 to this Act (which makes provision conferring rights on employees suspended from work on grounds of maternity).

Employment particulars

26 Right to employment particulars

For sections 1 to 6 of the 1978 Act (particulars relating to employment) there shall be substituted the sections set out in Schedule 4 to this Act.

27 Entitlement to itemised pay statement

After section 146(4) of the 1978 Act (provisions disapplied in relation to employment below minimum number of hours weekly) there shall be inserted--

" (4A) Subject to subsection (4B), subsection (4) shall have effect as respects section 8 subject to the following modifications, namely--

(a) the substitution of a reference to eight hours weekly for the reference to sixteen hours weekly, and

(b) the omission of the words "Subject to subsections (5), (6) and (7)".

(4B) Subsection (4A) shall not apply in relation to employment if, at the relevant date, the number of employees employed by the employer, added to the number employed by any associated employer, is less than twenty.

(4C) For the purposes of subsection (4B) "relevant date" means the date on which any payment of wages or salary is made to an employee in respect of which he would, apart from subsection (4B), have the right to an itemised pay statement. " .

Employment protection in health and safety cases

28 Rights to claim unfair dismissal and not to suffer detriment

Schedule 5 to this Act (which makes amendments of the 1978 Act for protecting employees against dismissal, and being subjected to other detriment, in health and safety cases) shall have effect.

Unfair dismissal: assertion of statutory right

29 Dismissal on ground of assertion of statutory right

(1) After section 60 of the 1978 Act (as substituted by section 24 of this Act), there shall be inserted--

" 60A Dismissal on grounds of assertion of statutory right

(1) The dismissal of an employee by an employer shall be regarded for the purposes of this Part as having been unfair if the reason for it (or, if more than one, the principal reason) was that the employee--

(a) brought proceedings against the employer to enforce a right of his which is a relevant statutory right; or

(b) alleged that the employer had infringed a right of his which is a relevant statutory right.

(2) It is immaterial for the purposes of subsection (1) whether the employee has the right or not and whether it has been infringed or not, but, for that subsection to apply, the claim to the right and that it has been infringed must be made in good faith.

(3) It shall be sufficient for subsection (1) to apply that the employee, without specifying the right, made it reasonably clear to the employer what the right claimed to have been infringed was.

(4) The following statutory rights are relevant for the purposes of this section, namely--

(a) any right conferred by--

(i) this Act, or

(ii) the [1986 c. 48.] Wages Act 1986,

for which the remedy for its infringement is by way of a complaint or reference to an industrial tribunal;

(b) the right conferred by section 49 (minimum notice);

(c) the rights conferred by the following provisions of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992, namely, sections 68, 86, 146, 168, 169 and 170 (deductions from pay, union activities and time off). " .

(2) In section 59 of the 1978 Act (dismissal on ground of redundancy), in subsection (2) (inserted by section 24(2) of this Act), after the word "(e)" there shall be inserted the words "or 60A(1) (read with (2) and (3))".

(3) In section 64 of the 1978 Act (qualifying period for right not to be unfairly dismissed), in subsection (4) (inserted by section 24(3) of this Act), after the word "(e)" there shall be inserted the words "or 60A(1) (read with (2) and (3))".

Reinstatement orders: compensation

30 Compensation for unfair dismissal when reinstatement or re-engagement ordered

(1) Sections 71, 74 and 75 of the 1978 Act (awards of compensation for unfair dismissal) shall be amended in accordance with subsections (2), (3) and (4).

(2) In section 71--

(a) in subsection (1), for the words "section 75" there shall be substituted the words "subsection (1A)"; and

(b) after subsection (1) there shall be inserted--

" (1A) Subsection (1) is subject to section 75 except that the limit imposed by that section may be exceeded to the extent necessary to enable the award fully to reflect the amount specified as payable under section 69(2)(a) or (4)(d), as the case may be. " .

(3) In section 74--

(a) in subsection (1), for the words "sections 75 and 76" there shall be substituted the words "subsection (8) and section 76"; and

(b) after subsection (7) there shall be inserted--

" (8) Subsection (1) is subject also to section 75 except that, in the case of an award of compensation under section 71(2)(a) where an additional award falls to be made, the limit imposed by section 75 may be exceeded to the extent necessary to enable the award fully to reflect the amount specified as payable under section 69(2)(a) or (4)(d), as the case may be, if that limit would otherwise reduce the amount of the compensatory award when added to the additional award. " .

(4) In section 75(1), after the word "shall" there shall be inserted the words "(save where the exception in section 71(1A) or 74(8) applies)".

Service in armed forces

31 Application of 1978 Act to service in armed forces

(1) In section 138 of the 1978 Act (application of Act to Crown employment) for subsection (3) (service in the armed forces excepted) there shall be substituted--

" (3) This section applies to service as a member of the naval, military or air forces of the Crown but only in accordance with section 138A and it applies also to employment by any association established for the purposes of Part VI of the [1980 c. 9.] Reserve Forces Act 1980. " .

(2) After section 138, there shall be inserted--

" 138A Application of Act to armed forces

(1) The provisions of this Act which apply, by virtue of section 138, to service as a member of the naval, military or air forces of the Crown are--

Part I;

in Part II, sections 19 to 22 and 31A;

Part III;

in Part IV, section 53;

Part V, except sections 57A and 80;

Part VIII; and

this Part.

(2) Her Majesty may, by Order in Council,--

(a) amend subsection (1) above by making additions to, or omissions from, the provisions for the time being specified in that subsection by an Order under this subsection; and

(b) make any provision apply to service as a member of the naval, military or air forces of the Crown subject to such exceptions and modifications as may be specified in the Order.

(3) Subject to subsection (5) below, modifications made under subsection (2) above may include provision precluding the making of a complaint or reference to any industrial tribunal unless the person aggrieved has availed himself of the service procedures for the redress of complaints applicable to him.

(4) Where modifications include the provision authorised by subsection (3) above the Order in Council shall also include provision designed to secure that the service procedures for the redress of complaints result in a determination, or what is to be treated under the Order as a determination, in sufficient time to enable a complaint or reference to be made to an industrial tribunal.

(5) No provision shall be made by virtue of subsection (3) above which has the effect of substituting, for any period specified as the normal period for a complaint or reference on any matter to an industrial tribunal, a period longer than six months.

(6) No recommendation shall be made to Her Majesty to make an Order in Council under subsection (2) above unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

(7) In this section--

"the normal period for a complaint or reference", in relation to any matter within the jurisdiction of an industrial tribunal, means the period specified in the relevant enactment as the period within which the complaint or reference must be made, disregarding any provision permitting an extension of that period at the discretion of the tribunal; and
"the service procedures for the redress of complaints" means the procedures, excluding those which relate to the making of a report on a complaint to Her Majesty, referred to in sections 180 and 181 of the [1955 c. 18.] Army Act 1955, sections 180 and 181 of the [1955 c. 19.] Air Force Act 1955 and section 130 of the [1957 c. 53.] Naval Discipline Act 1957. " .

Sex discrimination

32 Right to declaration of invalidity of discriminatory terms and rules

In section 6 of the [1986 c. 59.] Sex Discrimination Act 1986 (application of section 77 of the [1975 c. 65.] Sex Discrimination Act 1975, which provides for discriminatory terms of contracts to be void, to terms of collective agreements, employers' rules and rules of certain organisations), after subsection (4) there shall be inserted--

" (4A) A person to whom this subsection applies may present a complaint to an industrial tribunal that a term or rule is void by virtue of subsection (1) of the said section 77 if he has reason to believe--

(a) that the term or rule may at some future time have effect in relation to him, and

(b) where he alleges that it is void by virtue of paragraph (c) of that subsection, that--

(i) an act for the doing of which it provides may at some such time be done in relation to him, and

(ii) the act would be, or be deemed by virtue of subsection (3) above to be, rendered unlawful by the 1975 Act if done in relation to him in present circumstances.

(4B) In the case of a complaint about--

(a) a term of a collective agreement made by or on behalf of--

(i) an employer,

(ii) an organisation of employers of which an employer is a member, or

(iii) an association of such organisations of one of which an employer is a member, or

(b) a rule made by an employer,

subsection (4A) applies to any person who is, or is genuinely and actively seeking to become, one of his employees.

(4C) In the case of a complaint about a rule made by an organisation, authority or body to which subsection (2) above applies, subsection (4A) applies to any person--

(a) who is, or is genuinely and actively seeking to become, a member of the organisation, authority or body,

(b) on whom the organisation, authority or body has conferred an authorisation or qualification, or

(c) who is genuinely and actively seeking an authorisation or qualification which the organisation, authority or body has power to confer.

(4D) When an industrial tribunal finds that a complaint presented to it under subsection (4A) above is well-founded the tribunal shall make an order declaring that the term or rule is void. " .

Transfer and redundancy rights

33 Amendments of transfer of undertakings regulations

(1) The [S.I. 1981/1794.] Transfer of Undertakings (Protection of Employment) Regulations 1981 shall be amended as follows.

(2) In Regulation 2(1), in the definition of "undertaking" (which excludes from the Regulations undertakings, and parts of undertakings, not in the nature of a commercial venture), the words from "but does not" to the end shall cease to have effect.

(3) In Regulation 3(4) (transfers to which the Regulations apply), for the words from "one" to the end there shall be substituted the words " one--

(a) may be effected by a series of two or more transactions; and

(b) may take place whether or not any property is transferred to the transferee by the transferor. " .

(4) In Regulation 5 (effect of relevant transfer on contracts of employment, etc)--

(a) in paragraph (1), at the beginning, there shall be inserted the words "Except where objection is made under paragraph (4A) below,";

(b) in paragraph (2) after the words "paragraph (1) above" there shall be inserted the words "but subject to paragraph (4A) below,";

" (4A) Paragraphs (1) and (2) above shall not operate to transfer his contract of employment and the rights, powers, duties and liabilities under or in connection with it if the employee informs the transferor or the transferee that he objects to becoming employed by the transferee.

(4B) Where an employee so objects the transfer of the undertaking or part in which he is employed shall operate so as to terminate his contract of employment with the transferor but he shall not be treated, for any purpose, as having been dismissed by the transferor. " ; and

(d) in paragraph (5), for the words "Paragraph (1) above is" there shall be substituted the words "Paragraphs (1) and (4A) above are".

(5) Regulation 7 (exclusion of occupational pension schemes) shall be re-numbered as paragraph (1) of that Regulation and after that provision as so re-numbered there shall be inserted--

" (2) For the purposes of paragraph (1) above any provisions of an occupational pension scheme which do not relate to benefits for old age, invalidity or survivors shall be treated as not being part of the scheme. " .

(6) At the end of Regulation 10(5) (duty to consult) there shall be added the words "with a view to seeking their agreement to measures to be taken.".

(7) In Regulation 11 (remedies for failure to inform or consult)--

(a) paragraph (7) (deduction from compensation of any payments relating to failure to consult on redundancy) shall cease to have effect, and

(b) in paragraph (11) (compensation subject to maximum of two weeks' pay for employee in question), for the words "two weeks' pay" there shall be substituted the words "four weeks' pay".

34 Redundancy consultation procedures

(1) Chapter II of Part IV of the 1992 Act (procedure for handling redundancies) shall be amended in accordance with subsections (2) to (5) below.

(2) In section 188 (duty of employer to consult trade union representatives)--

(a) in subsection (4) (information to be disclosed to representatives), after paragraph (e) there shall be inserted " and

(f) the proposed method of calculating the amount of any redundancy payments to be made (otherwise than in compliance with an obligation imposed by or by virtue of any enactment) to employees who may be dismissed. " ,

(b) for subsection (6) there shall be substituted--

" (6) The consultation required by this section shall include consultation about ways of--

(a) avoiding the dismissals,

(b) reducing the numbers of employees to be dismissed, and

and shall be undertaken by the employer with a view to reaching agreement with the trade union representatives. " , and

(c) at the end of subsection (7) (exception from requirements in special circumstances) there shall be inserted-- " Where the decision leading to the proposed dismissals is that of a person controlling the employer (directly or indirectly), a failure on the part of that person to provide information to the employer shall not constitute special circumstances rendering it not reasonably practicable for the employer to comply with such a requirement. " .

(3) In section 190 (entitlement under protective award), subsection (3) (avoidance of double payments) shall cease to have effect.

(4) In section 193 (duty of employer to notify Secretary of State of certain redundancies), at the end of subsection (7) (exception from requirements in special circumstances) there shall be inserted-- " Where the decision leading to the proposed dismissals is that of a person controlling the employer (directly or indirectly), a failure on the part of that person to provide information to the employer shall not constitute special circumstances rendering it not reasonably practicable for the employer to comply with any of those requirements. " .

(5) For section 195 there shall be substituted--

" 195 Construction of references to dismissal as redundant etc

(1) In this Chapter references to dismissal as redundant are references to dismissal for a reason not related to the individual concerned or for a number of reasons all of which are not so related.

(2) For the purposes of any proceedings under this Chapter, where an employee is or is proposed to be dismissed it shall be presumed, unless the contrary is proved, that he is or is proposed to be dismissed as redundant. " .

(6) Section 283 of the 1992 Act (which excepts employment as a merchant seaman from the provisions of Chapter II of Part IV) shall cease to have effect.

Part III Other Employment Matters

Abolition of right to statutory minimum remuneration

35 Repeal of Part II of Wages Act 1986

Part II of the [1986 c. 48.] Wages Act 1986 (which provides for statutory minimum remuneration for certain workers in accordance with wages orders made by wages councils) shall cease to have effect.

Constitution and jurisdiction of tribunals

36 Constitution of industrial tribunals

(1) Section 128 of the 1978 Act (industrial tribunals) shall be amended as follows.

(2) After subsection (2) there shall be inserted--

" (2A) Subject to the following provisions of this section, proceedings before an industrial tribunal shall be heard by--

(a) the person who, in accordance with regulations made under subsection (1), is the chairman, and

(b) two other members, or (with the consent of the parties) one other member, selected as the other members (or member) in accordance with regulations so made.

(2B) Subject to subsection (2F), the proceedings to which subsection (2C) applies shall be heard by the person specified in subsection (2A)(a) alone.

(2C) This subsection applies to--

(a) proceedings on an application under section 77, 78A or 79 of this Act or under section 161, 165 or 166 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992,

(b) proceedings on a complaint under section 124 of this Act or under section 5 of the Wages Act 1986,

(d) proceedings in which the parties have given their written consent to the proceedings being heard in accordance with subsection (2B) (whether or not they have subsequently withdrawn it),

(e) proceedings in which the person bringing the proceedings has given written notice withdrawing the case, and

(f) proceedings in which the person (or, where more than one, each of the persons) against whom the proceedings are brought does not, or has ceased to, contest the case.

(2D) The Secretary of State may by order amend the provisions of subsection (2C).

(2E) No order shall be made under subsection (2D) unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

(2F) Proceedings to which subsection (2C) applies shall be heard in accordance with subsection (2A) if a person who, in accordance with regulations made under subsection (1), may be the chairman of an industrial tribunal, having regard to--

(a) whether there is a likelihood of a dispute arising on the facts which makes it desirable for the proceedings to be heard in accordance with subsection (2A),

(b) whether there is a likelihood of an issue of law arising which would make it desirable for the proceedings to be heard in accordance with subsection (2B),

(c) any views of any of the parties as to whether or not the proceedings ought to be heard in accordance with either of those subsections, and

(d) whether there are other proceedings which might be heard concurrently but which are not proceedings to which subsection (2C) applies,

decides (at any stage of the proceedings) that the proceedings are to be heard in accordance with subsection (2A). " .

(3) After subsection (4) there shall be inserted--

" (5) Regulations made under Schedule 9 may provide that in such circumstances as the regulations may specify any act required or authorised by the regulations to be done by an industrial tribunal may be done by the person specified in subsection (2A)(a) alone.

(6) Where a Minister of the Crown so directs in relation to any proceedings on grounds of national security, the proceedings shall be heard and determined, and any act required or authorised by regulations made under Schedule 9 to be done by an industrial tribunal in relation to the proceedings shall be done, by the President of Industrial Tribunals (England and Wales) appointed in accordance with regulations made under subsection (1), or the President of Industrial Tribunals (Scotland) so appointed, alone. " .

37 Constitution of Employment Appeal Tribunal

In Schedule 11 to the 1978 Act (Employment Appeal Tribunal), for paragraph 16 (Appeal Tribunal to consist of judge and two or four other members or, if parties consent, judge and one other member) there shall be substituted--

" 16 (1) Subject to sub-paragraphs (2) to (4), proceedings before the Appeal Tribunal shall be heard by a judge and either two or four appointed members, so that in either case there is an equal number of persons whose knowledge or experience of industrial relations is as representatives of employers and whose knowledge or experience of industrial relations is as representatives of workers.

(2) With the consent of the parties proceedings before the Appeal Tribunal may be heard by a judge and one appointed member or by a judge and three appointed members.

(3) Proceedings on an appeal on a question arising from any decision of, or arising in any proceedings before, an industrial tribunal consisting of the person specified in section 128(2A)(a) alone shall be heard by a judge alone unless a judge directs that the proceedings shall be heard in accordance with sub-paragraphs (1) and (2).

(4) Where a Minister of the Crown so directs in relation to any proceedings on grounds of national security, the proceedings shall be heard by the President of the Appeal Tribunal alone. " .

38 Extension of power to confer on industrial tribunals jurisdiction in respect of contracts of employment etc

In section 131 of the 1978 Act (power to confer on industrial tribunals jurisdiction in respect of claims for damages for breach of contract of employment and similar claims)--

(a) for subsection (1) (appropriate Minister to have power to make order in respect of claims satisfying certain conditions) there shall be substituted--

" (1) The appropriate Minister may by order provide that proceedings in respect of--

(a) any claim to which this section applies, or

(b) any such claim of a description specified in the order,

may, subject to such exceptions (if any) as may be specified in the order, be brought before an industrial tribunal. " ,

(b) for subsection (3) there shall be substituted--

" (3) This section does not apply to a claim for damages, or for a sum due, in respect of personal injuries. " ,

" (4A) An order under this section may provide that an industrial tribunal shall not in proceedings in respect of a claim, or a number of claims relating to the same contract, order the payment of an amount exceeding such sum as may be specified in the order as the maximum amount which a tribunal may order to be paid in relation to a claim or in relation to a contract. " ,

(d) after subsection (5) there shall be inserted--

" (5A) An order under this section may make different provision in relation to proceedings in respect of different descriptions of claims. " , and

(e) in subsection (7), in the definition of "appropriate Minister", for the words "Secretary of State" there shall be substituted the words "Lord Advocate".

39 Agreements not to take proceedings before industrial tribunal

(1) In section 140 of the 1978 Act (restrictions on contracting out)--

(a) in subsection (2) (exceptions), after the paragraph (fa) inserted by paragraph 21 of Schedule 8 to this Act, there shall be inserted--

" (fb) to any agreement to refrain from instituting or continuing any proceedings specified in section 133(1) (except (c)) or 134(1) before an industrial tribunal if the conditions regulating compromise agreements under this Act are satisfied in relation to the agreement. " ;

(b) after subsection (2), there shall be inserted--

" (3) The conditions regulating compromise agreements under this Act are that--

(a) the agreement must be in writing;

(b) the agreement must relate to the particular complaint;

(c) the employee must have received independent legal advice from a qualified lawyer as to the terms and effect of the proposed agreement and in particular its effect on his ability to pursue his rights before an industrial tribunal;

(d) there must be in force, when the adviser gives the advice, a policy of insurance covering the risk of a claim by the employee in respect of loss arising in consequence of the advice;

(e) the agreement must identify the adviser; and

(f) the agreement must state that the conditions regulating compromise agreements under this Act are satisfied.

(4) In subsection (3)--

"independent", in relation to legal advice to the employee, means that it is given by a lawyer who is not acting in the matter for the employer or an associated employer; and
"qualified lawyer" means--

(a) as respects proceedings in England and Wales--

(i) a barrister, whether in practice as such or employed to give legal advice, or

(ii) a solicitor of the Supreme Court who holds a practising certificate;

(b) as respects proceedings in Scotland--

(i) an advocate, whether in practice as such or employed to give legal advice, or

(ii) a solicitor who holds a practising certificate. " .

(2) Schedule 6 to this Act shall have effect for making corresponding amendments in the [1975 c. 65.] Sex Discrimination Act 1975, the [1976 c. 74.] Race Relations Act 1976, the [1986 c. 48.] Wages Act 1986 and the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992.

40 Restriction of publicity in cases involving sexual misconduct: industrial tribunals

(1) Schedule 9 to the 1978 Act (regulations for industrial tribunals) shall be amended by the insertion in paragraph 1 of the following.

(2) After sub-paragraph (5) there shall be inserted--

" (5A) The regulations may include provision--

(a) for cases involving allegations of the commission of sexual offences, for securing that the registration or other making available of documents or decisions shall be so effected as to prevent the identification of any person affected by or making the allegation;

(b) for cases involving allegations of sexual misconduct, enabling an industrial tribunal, on the application of any party to proceedings before it or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the decision of the tribunal.

In this sub-paragraph--

"identifying matter", in relation to a person, means any matter likely to lead members of the public to identify him as a person affected by, or as the person making, the allegation;
"restricted reporting order" means an order prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain;
"sexual misconduct" means the commission of a sexual offence, sexual harassment or other adverse conduct (of whatever nature) related to sex, and conduct is related to sex whether the relationship with sex lies in the character of the conduct or in its having reference to the sex or sexual orientation of the person at whom the conduct is directed;
"sexual offence" means any offence to which section 141A(2) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, section 4 of the [1976 c. 82.] Sexual Offences (Amendment) Act 1976 or the [1992 c. 34.] Sexual Offences (Amendment) Act 1992 applies (offences under the [1956 c. 69.] Sexual Offences Act 1956, the [1976 c. 67.] Sexual Offences (Scotland) Act 1976 and certain other enactments);

and "written publication" and "relevant programme" have the same meaning as in that Act of 1992. " .

(3) In sub-paragraph (6), after the word "send" there shall be inserted the words "(subject to any regulations under sub-paragraph (5A)(a))".

(4) After sub-paragraph (7) there shall be inserted--

" (8) If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order the following persons shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale--

(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b) in the case of publication in any other form, the person publishing the matter; and

(i) any body corporate engaged in providing the service in which the programme is included; and

(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

Expressions used in this sub-paragraph and in sub-paragraph (5A) have the same meaning in this sub-paragraph as in that sub-paragraph.

(9) Where a person is charged with an offence under sub-paragraph (8) it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or (as the case may be) included, the matter in question.

(10) Where an offence under sub-paragraph (8) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of--

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person purporting to act in any such capacity,

he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and punished accordingly.

(11) In relation to a body corporate whose affairs are managed by its members "director", in sub-paragraph (10), means a member of the body corporate. " .

41 Restriction of publicity in cases involving sexual misconduct: Employment Appeal Tribunal

(1) Schedule 11 to the 1978 Act (Employment Appeal Tribunal) shall be amended by the insertion after paragraph 18 (rules) of the following--

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