Employment Protection (Consolidation) Act 1978

23 (1) The Employment Protection Act 1975 shall be amended in accordance with the following provisions of this paragraph.

(2) In section 6(2)—

(a) the words from " in relation to " to " that is to say " shall be omitted;

(b) for the words " section 57 below ; and " there are substituted the words " section 27 of the Employment Protection (Consolidation) Act 1978, including guidance on the circumstances in which a trade union official is to be permitted to take time off under that section in respect of duties connected with industrial action ; and ";

(c) for the words " section 58 below " there are substituted the words " section 28 of the said Act of 1978, including guidance on the question whether, and the circumstances in which, a trade union member is to be permitted to take time off under that section for trade union activities connected with industrial action. ".

(3) In section 8(9), for the words "section 88(3) below" there are substituted the words " section 136(3) of the Employment Protection (Consolidation) Act 1978 ".

(4) In section 102(4), for the words " Schedule 2 to the Contracts of Employment Act 1972" there are substituted the words " Schedule 3 to the Employment Protection (Consolidation) Act 1978 ",

and for the words " section 1(1)" there are substituted the words " section 49(1) ".

(5) In section 104(1)(a), for the words " section 30(1) of the Redundancy Payments Act 1965 " there are substituted the words " section 104(1) of the Employment Protection (Consolidation) Act 1978 ".

(6) In section 106(3), for the words from the beginning to " Redundancy Payments Act 1965 " there are substituted the words

“Schedule 14 to the Employment Protection (Consolidation) Act 1978 shall apply for the calculation of a week's pay for the purposes of section 102 above, and, for the purposes of Part II of that Schedule, the calculation date is—

(a) in the case of an employee who was dismissed before the date on which the protective award was made, the date which by virtue of paragraph 7(1)(k) or (l) of the said Schedule 14”.

(7) In section 108(1), for the words " paragraph 21 of Schedule 1 to the 1974 Act" there are substituted the words " paragraph 1 of Schedule 9 to the Employment Protection (Consolidation) Act 1978 ".

(8) In section 119(1), for the words "Parts II and IV of this Act apply " there are substituted the words " Part IV of this Act applies ".

(9) In section 119, the following subsection is added at the end—

“(17) Schedule 13 to the Employment Protection (Consolidation) Act 1978 and, so far as they modify that Schedule, any order under section 7 of that Act and any regulations under paragraph 20 of that Schedule, shall have effect for the purposes of this section in determining for what period an employee has been continuously employed; and, for the purposes of any proceedings brought under or by virtue of this Act, a person's employment during any period shall, unless the contrary is shown, be presumed to have been continuous.”.

(10) In section 121(5), for the words " Schedule 3 to the Redundancy Payments Act 1965" there are substituted the words " Schedule 5 to the Employment Protection (Consolidation) Act 1978 ".

(11) In section 121(6) and (7), for the words "section 41(3) of the Redundancy Payments Act 1965 " there are substituted the words " section 111(3) of the Employment Protection (Consolidation) Act 1978 ".

(12) In section 125(1) for the words from the beginning to " Part III of that Schedule " there are substituted the words " The provisions of the 1974 Act specified in Part III of Schedule 16 to this Act ".

(13) In section 126(1), for the words " paragraph 5 of Schedule 1 to the 1974 Act" there are substituted the words " section 55 of the Employment Protection (Consolidation) Act 1978 ".