Part XIII Miscellaneous
Chapter I Particular types of employment
Excluded classes of employment
F1196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
197 Fixed-term contracts.
F21
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F22
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3
An employee employed under a contract of employment for a fixed term of two years or more is not entitled to a redundancy payment in respect of the expiry of that term without its being renewed (whether by the employer or by an associated employer of his) if, before the term expires, the employee has agreed in writing to exclude any right to a redundancy payment in that event.
4
An agreement such as is mentioned in subsection F3. . . (3) may be contained—
a
in the contract itself, or
b
in a separate agreement.
5
Where—
a
an agreement such as is mentioned in subsection (3) is made during the currency of a fixed term, and
b
the term is renewed,
the agreement shall not be construed as applying to the term as renewed; but this subsection is without prejudice to the making of a further agreement in relation to the renewed term.
198 Short-term employment.
Sections 1 to 7 do not apply to an employee if his employment continues for less than one month.
199 Mariners.
1
Sections 1 to 7, Part II and sections 86 to 91 do not apply to a person employed as a seaman in a ship registered in the United Kingdom under a crew agreement the provisions and form of which are of a kind approved by the Secretary of State.
2
Sections 8 to 10, Part III, sections 44, 45, 47, F447C, 50 to 57B and 61 to 63, Parts VII and VIII, sections 92 and 93 and F5. . .Parts X to XII do not apply to employment as master, or as a member of the crew, of a fishing vessel where the employee is remunerated only by a share in the profits or gross earnings of the vessel.
F63
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4
Sections 8 to 10 and 50 to 54 and Part XII do not apply to employment as a merchant seaman.
5
In subsection (4) “employment as a merchant seaman”—
a
does not include employment in the fishing industry or employment on board a ship otherwise than by the owner, manager or charterer of that ship except employment as a radio officer, but
b
subject to that, includes—
i
employment as a master or a member of the crew of any ship,
ii
employment as a trainee undergoing training for the sea service, and
iii
employment in or about a ship in port by the owner, manager or charterer of the ship to do work of the kind ordinarily done by a merchant seaman on a ship while it is in port.
6
F14. . .section 197(3) does not apply to a contract of employment, if the employee is—
a
employed as a master or seaman in a British ship, and
b
ordinarily resident in Great Britain.
F77
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
c
the person employed is ordinarily resident in Great Britain.
F78
The provisions are—
a
sections 8 to 10,
b
Parts II, III and V,
c
Part VI, apart from sections 58 to 60,
d
Parts VII and VIII,
e
sections 92 and 93, and
f
Part X.
C1200 Police officers.
1
Sections 8 to 10, Part III F15, Part IVA, sections F8. . ., 45, F945A, 47 F16, 47B, F1047C,50 F11to 57B and 61 to 63, Parts VII and VIII, sections 92 and 93 F12and, Part X F13(except sections 100 and 134A and the other provisions of that Part so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 100). . .do not apply to employment under a contract of employment in police service or to persons engaged in such employment.
2
In subsection (1) “police service” means—
a
service as a member of a constabulary maintained by virtue of an enactment, or
b
subject to section 126 of the M1Criminal Justice and Public Order Act 1994 (prison staff not to be regarded as in police service), service in any other capacity by virtue of which a person has the powers or privileges of a constable.