Words in s. 39(2) 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
Words in s. 40(1) inserted (1.12.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 38; S.I. 2007/2709, art. 4
S. 42(1): definition of "Certification Officer" inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 49(8), 59; S. I. 2005/872, art. 4, Sch. (with
Words in s. 48 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(c) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
Words in s. 42(1) inserted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 21(4), 103(2)
Words in s. 40(2) omitted (6.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 1 para. 8; S.I. 2014/253, art. 3(f)
Word in s. 41(2) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 3 para. 4 (with s. 24(5), Sch. 3 para. 4(2)); S.I. 2014/253, art. 3(h)
Words in s. 42(1) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 1 para. 9(a); S.I. 2014/253, art. 3(f)
Words in s. 42(1) substituted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 1 para. 9(b); S.I. 2014/253, art. 3(f)
Words in s. 41(2) inserted (6.4.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 150(5)(b), 164(1) (with s. 150(8)); S.I. 2016/321, reg. 3(d)
Words in s. 41(3)(b) substituted (6.4.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 150(5)(c), 164(1) (with s. 150(8)); S.I. 2016/321, reg. 3(d)
Words in s. 42(1) inserted (6.4.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 150(6), 164(1) (with s. 150(8)); S.I. 2016/321, reg. 3(d)
S. 41(1A) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 25(2); S.I. 2023/1194, reg. 2(f)
S. 41(5) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 25(4); S.I. 2023/1194, reg. 2(f)
Words in s. 41(2) omitted (7.11.2023) by virtue of Judicial Review and Courts Act 2022 (c. 35), ss. 35(4)(a), 51(4) (with s. 36); S.I. 2023/1194, reg. 2(b) (with reg. 3)
Words in s. 41(2) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), ss. 35(4)(b), 51(4) (with s. 36); S.I. 2023/1194, reg. 2(b) (with reg. 3)
Words in s. 41(2) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 25(3)(a); S.I. 2023/1194, reg. 2(f)
Words in s. 41(2) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 25(3)(b); S.I. 2023/1194, reg. 2(f)
Words in s. 41(2) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 25(3)(c); S.I. 2023/1194, reg. 2(f)
S. 37QA and cross-heading inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), ss. 34(4), 51(4) (with s. 36); S.I. 2024/568, reg. 2(a)
S. 37QB inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 24; S.I. 2024/568, reg. 2(b)(v)
Words in Pt. 3 heading inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 23; S.I. 2024/568, reg. 2(b)(iv)
Words in s. 42(1) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 26(a); S.I. 2024/568, reg. 2(b)(vi)
Words in s. 42(1) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 26(b); S.I. 2024/568, reg. 2(b)(vi)
Word in s. 42(1) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 26(c); S.I. 2024/568, reg. 2(b)(vi)
Words in s. 42(1) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 26(d); S.I. 2024/568, reg. 2(b)(vi)
There are to be rules made by the Tribunal Procedure Committee called “Employment Tribunal Procedure Rules”.
Those are the rules referred to as “
Schedule A1 makes further provision about Procedure Rules.
The power of the Tribunal Procedure Committee to make Procedure Rules for the purposes set out in sections 7 and 30(1) is not limited by any other provision (including future provision) about what Procedure Rules may or must contain.
The Lord Chancellor may by regulations amend, repeal or revoke any enactment to the extent that the Lord Chancellor considers necessary or desirable—
in order to facilitate the making of Procedure Rules, or
in consequence of—
section 37QA,
Schedule A1, or
Procedure Rules.
In subsection (1) “
This Act has effect in relation to Crown employment and persons in Crown employment as it has effect in relation to other employment and other employees.
In this Act “
For the purposes of the application of this Act in relation to Crown employment in accordance with subsection (1)—
references to an employee shall be construed as references to a person in Crown employment, and
references to a contract of employment shall be construed as references to the terms of employment of a person in Crown employment.
Subsection (1) applies to—
service as a member of the naval, military or air forces of the Crown, and
employment by an association established for the purposes of Part XI of the
but Her Majesty may by Order in Council make any provision of this Act 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 in Council.
This Act has effect in relation to employment as a relevant member of the House of Lords staff or a relevant member of the House of Commons staff as it has effect in relation to other employment.
Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Lords staff or a relevant member of the House of Commons staff from bringing before an
For the purposes of the application of this Act in relation to a relevant member of the House of Commons staff—
references to an employee shall be construed as references to a relevant member of the House of Commons staff, and
references to a contract of employment shall be construed as including references to the terms of employment of a relevant member of the House of Commons staff.
In this Act “
In this Act “
subsections (6) and (7) of that section have effect for determining who is the employer of a relevant member of the House of Commons staff for the purposes of this Act, and
subsection (8) of that section applies in relation to proceedings brought by virtue of this section.
The Secretary of State
provide that any provision of this Act to which this section applies and which is specified in the order shall not apply to persons, or to employments, of such classes as may be prescribed in the order, or
provide that any provision of this Act to which this section applies shall apply to persons or employments of such classes as may be prescribed in the order subject to such exceptions and modifications as may be so prescribed.
This section applies to sections 3, 8, 16 and 17
Any power conferred by this Act on a Minister of the Crown to make an order, and any power conferred by this Act to make regulations or rules, is exercisable by statutory instrument.
No recommendation may be made to Her Majesty to make an Order in Council under section 38(4) unless a draft of the Order in Council has been laid before Parliament and approved by a resolution of each House of Parliament.
an order under section 3
regulations under section
regulations under section 37QB that amend or repeal provision made by an Act,
may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
A statutory instrument containing—
an order made by a Minister of the Crown under any other provision of this Act except Part II of Schedule 2, or
is subject to annulment in pursuance of a resolution of either House of Parliament.
Any power conferred by this Act which is exercisable by statutory instrument includes power to make such incidental, supplementary or transitional provision as appears to the Minister exercising the power to be necessary or expedient.
This section does not apply in relation to Procedure Rules (the procedure for which is provided for by Schedule A1).
In this Act
“
“
“
“
“
“
“
“
in Part 1, means Procedure Rules in respect of employment tribunals;
in Part 2, means Procedure Rules in respect of the Appeal Tribunal,
“
“
“
The definition of “
the person by whom an undertaking or part of an undertaking is owned immediately before a change is one of the persons by whom (whether as partners, trustees or otherwise) it is owned immediately after the change, or
the persons by whom an undertaking or part of an undertaking is owned immediately before a change (whether as partners, trustees or otherwise) include the persons by whom, or include one or more of the persons by whom, it is owned immediately after the change,
as it has effect where the previous owner and the new owner are wholly different persons.
For the purposes of this Act any two employers shall be treated as associated if—
one is a company of which the other (directly or indirectly) has control, or
both are companies of which a third person (directly or indirectly) has control;
and “
Schedule 1 (consequential amendments) shall have effect.
Schedule 2 (transitional provisions, savings and transitory provisions) shall have effect.
The enactments specified in Part I of Schedule 3 are repealed, and the instruments specified in Part II of that Schedule are revoked, to the extent specified in the third column of that Schedule.
This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.
This Act does not extend to Northern Ireland.
This Act may be cited as