Trade Union and Labour Relations (Consolidation) Act 1992

292 Death of employee or employer. E+W+S

(1) This section has effect in relation to the following provisions so far as they confer rights on employees or make provision in connection therewith—

(a) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) sections 168 to 173 (time off for trade union duties and activities);

(c) sections 188 to 198 (procedure for handling redundancies).

[F2 (1A) This section also has effect in relation to sections 145A to 151 so far as those sections confer rights on workers or make provision in connection therewith.]

(2) Where the employee [F3 or worker] or employer dies, tribunal proceedings may be instituted or continued by a personal representative of the deceased employee [F3 or worker] or, as the case may be, defended by a personal representative of the deceased employer.

(3) If there is no personal representative of a deceased employee [F3 or worker], tribunal proceedings or proceedings to enforce a tribunal award may be instituted or continued on behalf of his estate by such other person as the [F4 employment tribunal] may appoint, being either—

(a) a person authorised by the employee [F3 or worker] to act in connection with the proceedings before his death, or

(b) the widower, widow, [F5 surviving civil partner,] child, father, mother, brother or sister of the employee [F3 or worker].

In such a case any award made by the [F4 employment tribunal] shall be in such terms and shall be enforceable in such manner as may be prescribed.

(4) Any right arising under any of the provisions mentioned in subsection (1) [F6 or (1A)] which by virtue of this section accrues after the death of the employee [F3 or worker] in question shall devolve as if it had accrued before his death.

(5) Any liability arising under any of those provisions which by virtue of this section accrues after the death of the employer in question shall be treated for all purposes as if it had accrued immediately before his death.

Textual Amendments

F1 S. 292(1)(a) repealed (1.10.2004) by Employment Relations Act 2004, ss. 57(1)(2), 59(2)-(4), Sch. 1 para. 20(2), {Sch. 2}; S.I. 2004/2566, art. 3(b)(c) (with arts. 4-8)

F2 S. 292(1A) inserted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 20(3); S.I. 2004/2566, art. 3(b) (with arts. 4-8)

F3 Words in s. 292(2)-(4) inserted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 20(4); S.I. 2004/2566, art. 3(b) (with arts. 4-8)

F4 Words in s. 292(3) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F5 Words in s. 292(3)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263(10)(b), Sch. 27 {para. 146}; S.I. 2005/3175, art. 2(2)

F6 Words in s. 292(4) inserted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 20(5); S.I. 2004/2566, art. 3(b) (with arts. 4-8)