UK Laws - Legal Portal
 
Navigation
News

Employment Relations Act 1999 (c. 26)

(The document as of February, 2008)

-- Back--

Page 1

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13

Employment Relations Act 1999

1999 CHAPTER 26

ARRANGEMENT OF SECTIONS

Content
  1. Trade unions

    1. 1. Collective bargaining: recognition.

    2. 2. Detriment related to trade union membership.

    3. 3. Blacklists.

    4. 4. Ballots and notices.

    5. 5. Training.

    6. 6. Unfair dismissal connected with recognition: interim relief.

  2. Leave for family and domestic reasons

    1. 7. Maternity and parental leave.

    2. 8. Time off for domestic incidents.

    3. 9. Consequential amendments.

  3. Disciplinary and grievance hearings

    1. 10. Right to be accompanied.

    2. 11. Complaint to employment tribunal.

    3. 12. Detriment and dismissal.

    4. 13. Interpretation.

    5. 14. Contracting out and conciliation.

    6. 15. National security employees.

  4. Other rights of individuals

    1. 16. Unfair dismissal of striking workers.

    2. 17. Collective agreements: detriment and dismissal.

    3. 18. Agreement to exclude dismissal rights.

    4. 19. Part-time work: discrimination.

    5. 20. Part-time work: code of practice.

    6. 21. Code of practice: supplemental.

    7. 22. National minimum wage: communities.

    8. 23. Power to confer rights on individuals.

  5. CAC, ACAS, Commissioners and Certification Officer

    1. 24. CAC: members.

    2. 25. CAC: proceedings.

    3. 26. ACAS: general duty.

    4. 27. ACAS: reports.

    5. 28. Abolition of Commissioners.

    6. 29. The Certification Officer.

  6. Miscellaneous

    1. 30. Partnerships at work.

    2. 31. Employment agencies.

    3. 32. Employment rights: employment outside Great Britain.

    4. 33. Unfair dismissal: special and additional awards.

    5. 34. Indexation of amounts, &c.

    6. 35. Guarantee payments.

    7. 36. Sections 33 to 35: consequential.

    8. 37. Compensatory award etc: removal of limit in certain cases.

    9. 38. Transfer of undertakings.

    10. 39. Minimum wage: information.

    11. 40. Dismissal of school staff.

    12. 41. National security.

  7. Collective Bargaining: Recognition.

  8. Schedule 2

    Union Membership: Detriment.

  9. Schedule 3

    Ballots and notices.

  10. Schedule 4

    Leave for Family Reasons Etc.

    1. Part I

      Maternity Leave and Parental Leave.

    2. Part II

      Time off for Dependants.

    3. Part III

      Consequential Amendments.

  11. Schedule 5

    Unfair Dismissal of Striking Workers.

  12. Schedule 6

    The Certification Officer.

  13. Schedule 7

    Employment Agencies.

  14. Schedule 8

    National Security.

  15. Schedule 9

    Repeals.

An Act to amend the law relating to employment, to trade unions and to employment agencies and businesses.

[27th July 1999]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Trade unions

1 Collective bargaining: recognition

(1) The [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as follows.

(2) After Chapter V of Part I (rights of trade union members) there shall be inserted--



" Chapter VA Collective bargaining: recognition

70A Recognition of trade unions

Schedule A1 shall have effect. "

(3) Immediately before Schedule 1 there shall be inserted the Schedule set out in Schedule 1 to this Act.

2 Detriment related to trade union membership

Schedule 2 shall have effect.

3 Blacklists

(1) The Secretary of State may make regulations prohibiting the compilation of lists which--

(a) contain details of members of trade unions or persons who have taken part in the activities of trade unions, and

(b) are compiled with a view to being used by employers or employment agencies for the purposes of discrimination in relation to recruitment or in relation to the treatment of workers.

(2) The Secretary of State may make regulations prohibiting--

(a) the use of lists to which subsection (1) applies;

(b) the sale or supply of lists to which subsection (1) applies.

(3) Regulations under this section may, in particular--

(a) confer jurisdiction (including exclusive jurisdiction) on employment tribunals and on the Employment Appeal Tribunal;

(b) include provision for or about the grant and enforcement of specified remedies by courts and tribunals;

(c) include provision for the making of awards of compensation calculated in accordance with the regulations;

(d) include provision permitting proceedings to be brought by trade unions on behalf of members in specified circumstances;

(e) include provision about cases where an employee is dismissed by his employer and the reason or principal reason for the dismissal, or why the employee was selected for dismissal, relates to a list to which subsection (1) applies;

(f) create criminal offences;

(g) in specified cases or circumstances, extend liability for a criminal offence created under paragraph (f) to a person who aids the commission of the offence or to a person who is an agent, principal, employee, employer or officer of a person who commits the offence;

(h) provide for specified obligations or offences not to apply in specified circumstances;

(i) include supplemental, incidental, consequential and transitional provision, including provision amending an enactment;

(j) make different provision for different cases or circumstances.

(4) Regulations under this section creating an offence may not provide for it to be punishable--

(a) by imprisonment,

(b) by a fine in excess of level 5 on the standard scale in the case of an offence triable only summarily, or

(c) by a fine in excess of the statutory maximum in the case of summary conviction for an offence triable either way.

(5) In this section--

  • "list" includes any index or other set of items whether recorded electronically or by any other means, and

  • "worker" has the meaning given by section 13.

(6) Subject to subsection (5), expressions used in this section and in the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992 have the same meaning in this section as in that Act.

4 Ballots and notices

Schedule 3 shall have effect.

5 Training

In Chapter VA of Part I of the Trade Union and Labour Relations (Consolidation) Act 1992 (collective bargaining: recognition) as inserted by section 1 above, there shall be inserted after section 70A--

" 70B Training

(1) This section applies where--

(a) a trade union is recognised, in accordance with Schedule A1, as entitled to conduct collective bargaining on behalf of a bargaining unit (within the meaning of Part I of that Schedule), and

(b) a method for the conduct of collective bargaining is specified by the Central Arbitration Committee under paragraph 31(3) of that Schedule (and is not the subject of an agreement under paragraph 31(5)(a) or (b)).

(2) The employer must from time to time invite the trade union to send representatives to a meeting for the purpose of--

(a) consulting about the employer's policy on training for workers within the bargaining unit,

(b) consulting about his plans for training for those workers during the period of six months starting with the day of the meeting, and

(c) reporting about training provided for those workers since the previous meeting.

(3) The date set for a meeting under subsection (2) must not be later than--

(a) in the case of a first meeting, the end of the period of six months starting with the day on which this section first applies in relation to a bargaining unit, and

(b) in the case of each subsequent meeting, the end of the period of six months starting with the day of the previous meeting.

(4) The employer shall, before the period of two weeks ending with the date of a meeting, provide to the trade union any information--

(a) without which the union's representatives would be to a material extent impeded in participating in the meeting, and

(b) which it would be in accordance with good industrial relations practice to disclose for the purposes of the meeting.

(5) Section 182(1) shall apply in relation to the provision of information under subsection (4) as it applies in relation to the disclosure of information under section 181.

(6) The employer shall take account of any written representations about matters raised at a meeting which he receives from the trade union within the period of four weeks starting with the date of the meeting.

(7) Where more than one trade union is recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, a reference in this section to "the trade union" is a reference to each trade union.

(8) Where at a meeting under this section (Meeting 1) an employer indicates his intention to convene a subsequent meeting (Meeting 2) before the expiry of the period of six months beginning with the date of Meeting 1, for the reference to a period of six months in subsection (2)(b) there shall be substituted a reference to the expected period between Meeting 1 and Meeting 2.

(9) The Secretary of State may by order made by statutory instrument amend any of subsections (2) to (6).

(10) No order shall be made under subsection (9) unless a draft has been laid before, and approved by resolution of, each House of Parliament.

70C Section 70B: complaint to employment tribunal

(1) A trade union may present a complaint to an employment tribunal that an employer has failed to comply with his obligations under section 70B in relation to a bargaining unit.

(2) An employment tribunal shall not consider a complaint under this section unless it is presented--

(a) before the end of the period of three months beginning with the date of the alleged failure, or

(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(3) Where an employment tribunal finds a complaint under this section well-founded it--

(a) shall make a declaration to that effect, and

(b) may make an award of compensation to be paid by the employer to each person who was, at the time when the failure occurred, a member of the bargaining unit.

(4) The amount of the award shall not, in relation to each person, exceed two weeks' pay.

(5) For the purpose of subsection (4) a week's pay--

(a) shall be calculated in accordance with Chapter II of Part XIV of the [1996 c. 18.] Employment Rights Act 1996 (taking the date of the employer's failure as the calculation date), and

(b) shall be subject to the limit in section 227(1) of that Act.

(6) Proceedings for enforcement of an award of compensation under this section--

(a) may, in relation to each person to whom compensation is payable, be commenced by that person, and

(b) may not be commenced by a trade union. "

6 Unfair dismissal connected with recognition: interim relief

In sections 128(1)(b) and 129(1) of the [1996 c. 18.] Employment Rights Act 1996 (interim relief) after "103" there shall be inserted "or in paragraph 161(2) of Schedule A1 to the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992".



Leave for family and domestic reasons

7 Maternity and parental leave

The provisions set out in Part I of Schedule 4 shall be substituted for Part VIII of the Employment Rights Act 1996.

8 Time off for domestic incidents

The provisions set out in Part II of Schedule 4 shall be inserted after section 57 of that Act.

9 Consequential amendments

Part III of Schedule 4 (which makes amendments consequential on sections 7 and 8) shall have effect.



Disciplinary and grievance hearings

10 Right to be accompanied

(1) This section applies where a worker--

(a) is required or invited by his employer to attend a disciplinary or grievance hearing, and

(b) reasonably requests to be accompanied at the hearing.

(2) Where this section applies the employer must permit the worker to be accompanied at the hearing by a single companion who--

(a) is chosen by the worker and is within subsection (3),

(b) is to be permitted to address the hearing (but not to answer questions on behalf of the worker), and

(c) is to be permitted to confer with the worker during the hearing.

(3) A person is within this subsection if he is--

(a) employed by a trade union of which he is an official within the meaning of sections 1 and 119 of the Trade Union and Labour Relations (Consolidation) Act 1992,

(b) an official of a trade union (within that meaning) whom the union has reasonably certified in writing as having experience of, or as having received training in, acting as a worker's companion at disciplinary or grievance hearings, or

(c) another of the employer's workers.

(4) If--

(a) a worker has a right under this section to be accompanied at a hearing,

(b) his chosen companion will not be available at the time proposed for the hearing by the employer, and

(c) the worker proposes an alternative time which satisfies subsection (5),

the employer must postpone the hearing to the time proposed by the worker.

(5) An alternative time must--

(a) be reasonable, and

(b) fall before the end of the period of five working days beginning with the first working day after the day proposed by the employer.

(6) An employer shall permit a worker to take time off during working hours for the purpose of accompanying another of the employer's workers in accordance with a request under subsection (1)(b).

(7) Sections 168(3) and (4), 169 and 171 to 173 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992 (time off for carrying out trade union duties) shall apply in relation to subsection (6) above as they apply in relation to section 168(1) of that Act.

11 Complaint to employment tribunal

(1) A worker may present a complaint to an employment tribunal that his employer has failed, or threatened to fail, to comply with section 10(2) or (4).

(2) A tribunal shall not consider a complaint under this section in relation to a failure or threat unless the complaint is presented--

(a) before the end of the period of three months beginning with the date of the failure or threat, or

(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(3) Where a tribunal finds that a complaint under this section is well-founded it shall order the employer to pay compensation to the worker of an amount not exceeding two weeks' pay.

(4) Chapter II of Part XIV of the [1996 c. 18.] Employment Rights Act 1996 (calculation of a week's pay) shall apply for the purposes of subsection (3); and in applying that Chapter the calculation date shall be taken to be--

(a) in the case of a claim which is made in the course of a claim for unfair dismissal, the date on which the employer's notice of dismissal was given or, if there was no notice, the effective date of termination, and

(b) in any other case, the date on which the relevant hearing took place (or was to have taken place).

(5) The limit in section 227(1) of the Employment Rights Act 1996 (maximum amount of week's pay) shall apply for the purposes of subsection (3) above.

(6) No award shall be made under subsection (3) in respect of a claim which is made in the course of a claim for unfair dismissal if the tribunal makes a supplementary award under section 127A(2) of the Employment Rights Act 1996 (internal appeal procedures).

12 Detriment and dismissal

(1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that he--

(a) exercised or sought to exercise the right under section 10(2) or (4), or

(b) accompanied or sought to accompany another worker (whether of the same employer or not) pursuant to a request under that section.

(2) Section 48 of the [1996 c. 18.] Employment Rights Act 1996 shall apply in relation to contraventions of subsection (1) above as it applies in relation to contraventions of certain sections of that Act.

(3) A worker who is dismissed shall be regarded for the purposes of Part X of the Employment Rights Act 1996 as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that he--

(a) exercised or sought to exercise the right under section 10(2) or (4), or

(b) accompanied or sought to accompany another worker (whether of the same employer or not) pursuant to a request under that section.

(4) Sections 108 and 109 of that Act (qualifying period of employment and upper age limit) shall not apply in relation to subsection (3) above.

(5) Sections 128 to 132 of that Act (interim relief) shall apply in relation to dismissal for the reason specified in subsection (3)(a) or (b) above as they apply in relation to dismissal for a reason specified in section 128(1)(b) of that Act.

(6) In the application of Chapter II of Part X of that Act in relation to subsection (3) above, a reference to an employee shall be taken as a reference to a worker.

13 Interpretation

(1) In sections 10 to 12 and this section "worker" means an individual who is--

(a) a worker within the meaning of section 230(3) of the Employment Rights Act 1996,

(b) an agency worker,

(c) a home worker,

(d) a person in Crown employment within the meaning of section 191 of that Act, other than a member of the naval, military, air or reserve forces of the Crown, or

(e) employed as a relevant member of the House of Lords staff or the House of Commons staff within the meaning of section 194(6) or 195(5) of that Act.

(2) In subsection (1) "agency worker" means an individual who--

(a) is supplied by a person ("the agent") to do work for another ("the principal") by arrangement between the agent and the principal,

(b) is not a party to a worker's contract, within the meaning of section 230(3) of that Act, relating to that work, and

(c) is not a party to a contract relating to that work under which he undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any professional or business undertaking carried on by the individual;

and, for the purposes of sections 10 to 12, both the agent and the principal are employers of an agency worker.

(3) In subsection (1) "home worker" means an individual who--

(a) contracts with a person, for the purposes of the person's business, for the execution of work to be done in a place not under the person's control or management, and

(b) is not a party to a contract relating to that work under which the work is to be executed for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any professional or business undertaking carried on by the individual;

and, for the purposes of sections 10 to 12, the person mentioned in paragraph (a) is the home worker's employer.

(4) For the purposes of section 10 a disciplinary hearing is a hearing which could result in--

(a) the administration of a formal warning to a worker by his employer,

(b) the taking of some other action in respect of a worker by his employer, or

(c) the confirmation of a warning issued or some other action taken.

(5) For the purposes of section 10 a grievance hearing is a hearing which concerns the performance of a duty by an employer in relation to a worker.

(6) For the purposes of section 10(5)(b) in its application to a part of Great Britain a working day is a day other than--

(a) a Saturday or a Sunday,

(b) Christmas Day or Good Friday, or

(c) a day which is a bank holiday under the [1971 c. 80.] Banking and Financial Dealings Act 1971 in that part of Great Britain.

14 Contracting out and conciliation

Sections 10 to 13 of this Act shall be treated as provisions of Part V of the [1996 c. 18.] Employment Rights Act 1996 for the purposes of--

(a) section 203(1), (2)(e) and (f), (3) and (4) of that Act (restrictions on contracting out), and

(b) section 18(1)(d) of the [1996 c. 17.] Employment Tribunals Act 1996 (conciliation).

15 National security employees

Sections 10 to 13 of this Act shall not apply in relation to a person employed for the purposes of--

(a) the Security Service,

(b) the Secret Intelligence Service, or

(c) the Government Communications Headquarters.



Other rights of individuals

16 Unfair dismissal of striking workers

Schedule 5 shall have effect.

(1) The Secretary of State may make regulations about cases where a worker--

(a) is subjected to detriment by his employer, or

(b) is dismissed,

on the grounds that he refuses to enter into a contract which includes terms which differ from the terms of a collective agreement which applies to him.

(2) The regulations may--

(a) make provision which applies only in specified classes of case;

(b) make different provision for different circumstances;

(c) include supplementary, incidental and transitional provision.

(3) In this section--

  • "collective agreement" has the meaning given by section 178(1) of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992; and

  • "employer" and "worker" have the same meaning as in section 296 of that Act.

(4) The payment of higher wages or higher rates of pay or overtime or the payment of any signing on or other bonuses or the provision of other benefits having a monetary value to other workers employed by the same employer shall not constitute a detriment to any worker not receiving the same or similar payments or benefits within the meaning of subsection (1)(a) of this section so long as--

(a) there is no inhibition in the contract of employment of the worker receiving the same from being the member of any trade union, and

(b) the said payments of higher wages or rates of pay or overtime or bonuses or the provision of other benefits are in accordance with the terms of a contract of employment and reasonably relate to services provided by the worker under that contract.

18 Agreement to exclude dismissal rights

(1) In section 197 of the [1996 c. 18.] Employment Rights Act 1996 (fixed-term contracts) subsections (1) and (2) (agreement to exclude unfair dismissal provisions) shall be omitted; and subsections (2) to (5) below shall have effect in consequence.

(2) In sections 44(4), 46(2), 47(2), 47A(2) and 47B(2) of that Act--

(a) the words from the beginning to "the dismissal," shall be omitted, and

(b) for "that Part" there shall be substituted "Part X".

(3) In section 45A(4) of that Act the words from ", unless" to the end shall be omitted.

(4) In section 23 of the [1998 c. 39.] National Minimum Wage Act 1998, for subsection (4) there shall be substituted--

" (4) This section does not apply where the detriment in question amounts to dismissal within the meaning of--

(a) Part X of the Employment Rights Act 1996 (unfair dismissal), or

(b) Part XI of the Employment Rights (Northern Ireland) Order 1996 (corresponding provision for Northern Ireland),

except where in relation to Northern Ireland the person in question is dismissed in circumstances in which, by virtue of Article 240 of that Order (fixed term contracts), Part XI does not apply to the dismissal. "

(5) In paragraph 1 of Schedule 3 to the [1999 c. 10.] Tax Credits Act 1999, for sub-paragraph (3) there shall be substituted--

" (3) This paragraph does not apply where the detriment in question amounts to dismissal within the meaning of--

(a) Part X of the Employment Rights Act 1996 (unfair dismissal), or

(b) Part XI of the Employment Rights (Northern Ireland) Order 1996 (corresponding provision for Northern Ireland),

except where in relation to Northern Ireland the employee is dismissed in circumstances in which, by virtue of Article 240 of that Order (fixed term contracts), Part XI does not apply to the dismissal. "

(6) Section 197(1) of the [1996 c. 18.] Employment Rights Act 1996 does not prevent Part X of that Act from applying to a dismissal which is regarded as unfair by virtue of section 99 or 104 of that Act (pregnancy and childbirth, and assertion of statutory right).

19 Part-time work: discrimination

(1) The Secretary of State shall make regulations for the purpose of securing that persons in part-time employment are treated, for such purposes and to such extent as the regulations may specify, no less favourably than persons in full-time employment.

(2) The regulations may--

(a) specify classes of person who are to be taken to be, or not to be, in part-time employment;

(b) specify classes of person who are to be taken to be, or not to be, in full-time employment;

(c) specify circumstances in which persons in part-time employment are to be taken to be, or not to be, treated less favourably than persons in full-time employment;

(d) make provision which has effect in relation to persons in part-time employment generally or provision which has effect only in relation to specified classes of persons in part-time employment.

(3) The regulations may--

(a) confer jurisdiction (including exclusive jurisdiction) on employment tribunals and on the Employment Appeal Tribunal;

(b) create criminal offences in relation to specified acts or omissions by an employer, by an organisation of employers, by an organisation of workers or by an organisation existing for the purposes of a profession or trade carried on by the organisation's members;

(c) in specified cases or circumstances, extend liability for a criminal offence created under paragraph (b) to a person who aids the commission of the offence or to a person who is an agent, principal, employee, employer or officer of a person who commits the offence;

(d) provide for specified obligations or offences not to apply in specified circumstances;

(e) make provision about notices or information to be given, evidence to be produced and other procedures to be followed;

(f) amend, apply with or without modifications, or make provision similar to any provision of the [1996 c. 18.] Employment Rights Act 1996 (including, in particular, Parts V, X and XIII) or the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992;

(g) provide for the provisions of specified agreements to have effect in place of provisions of the regulations to such extent and in such circumstances as may be specified;

(h) include supplemental, incidental, consequential and transitional provision, including provision amending an enactment;

(i) make different provision for different cases or circumstances.

(4) Without prejudice to the generality of this section the regulations may make any provision which appears to the Secretary of State to be necessary or expedient--

(a) for the purpose of implementing Council Directive 97/81/EC on the framework agreement on part-time work in its application to terms and conditions of employment;

(b) for the purpose of dealing with any matter arising out of or related to the United Kingdom's obligations under that Directive;

(c) for the purpose of any matter dealt with by the framework agreement or for the purpose of applying the provisions of the framework agreement to any matter relating to part-time workers.

(5) Regulations under this section which create an offence--

(a) shall provide for it to be triable summarily only, and

(b) may not provide for it to be punishable by imprisonment or by a fine in excess of level 5 on the standard scale.

20 Part-time work: code of practice

<<<< >>>>

(1) The Secretary of State may issue codes of practice containing guidance for the purpose of--

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

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13

-- Back--

<<<< >>>>

Stat




Search
Popular article
Advert