Employment Protection (Consolidation) Act 1978 (c. 44)

Part IX U.K. Miscellaneous and Supplemental

Supplementary provisions U.K.

153 Interpretation. E+W+S

(1) In this Act, except so far as the context otherwise requires—

• “act” and “action” each includes omission and references to doing an act or taking action shall be construed accordingly;

• “business” includes a trade or profession and includes any activity carried on by a body of persons, whether corporate or unincorporate;

• F1 “collective agreement” has the meaning given by [F2 section 178(1) and (2) of the Trade Union and Labour Relations (Consolidation) Act 1992];

• “confinement” means the birth of a living child or the birth of a child whether living or dead after twenty-eight weeks of pregnancy;

• “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether it is oral or in writing;

• “dismissal procedures agreement” means an agreement in writing with respect to procedures relating to dismissal made by or on behalf of one or more independent trade unions and one or more employers or employers’ associations;

• “effective date of termination” has the meaning given by section 55(4) [F3 to (6)];

• “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment;

• “employer”, in relation to an employee, means the person by whom the employee is (or, in a case where the employment has ceased, was) employed;

• “employers’ association” has the same meaning as it has for the purposes of [F2 the Trade Union and Labour Relations (Consolidation) Act 1992];

• [F4 “employer’s payment” has the meaning given by section 106(1A) and (1B);]

• “employment”, except for the purposes of sections 111 to 115, means employment under a contract of employment;

• “expected week of confinement” means the week, beginning with midnight between Saturday and Sunday, in which it is expected that confinement will take place;

• “government department”, except in section 138 and paragraph 19 of Schedule 13, includes a Minister of the Crown;

• “guarantee payment” has the meaning given by section 12(1);

• F5 “independent trade union” means a trade union which—

(a) is not under the domination or control of an employer or a group of employers or of one or more employers’ associations; and

(b) is not liable to interference by an employer or any such group or association (arising out of the provision of financial or material support or by any other means whatsoever) tending towards such control;

and, in relation to a trade union, “independent” and “independence” shall be construed accordingly;

• “job”, in relation to an employee, means the nature of the work which he is employed to do in accordance with his contract and the capacity and place in which he is so employed;

• F6 F6 F6 “notice of intention to claim” has the meaning given by section 88;

• “notified day of return” has the meaning given by section 47(1) and (8);

• “official”, in relation to a trade union, has [F2 the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992];

• “original contract of employment”, in relation to an employee who is absent from work wholly or partly because of pregnancy or confinement, means the contract under which she worked immediately before the beginning of her absence or, if she entered into that contract during her pregnancy by virtue of section 60(2) or otherwise by reason of her pregnancy, the contract under which she was employed immediately before she entered into the later contract or, if there was more than one later contract, the first of the later contracts;

• “position”, in relation to an employee, means the following matters taken as a whole, that is to say, his status as an employee, the nature of his work and his terms and conditions of employment;

• F7 “redundancy payment” has the meaning given by section 81(1);

• F8 “relevant date”, for the purposes of the provisions of this Act which relate to redundancy payments, has the meaning given by section 90;

• “renewal” includes extension, and any reference to renewing a contract or a fixed term shall be construed accordingly;

• “statutory provision” means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or special nature;

• [F9 “successor”, in relation to the employer of an employee, means (subject to subsection (4A) below) a person who in consequence of a change occurring (whether by virtue of a sale or other disposition or by operation of law) in the ownership of the undertaking or of part of the undertaking for the purposes of which the employee was employed, has become the owner of the undertaking or of that part of it, as the case may be;]

• “trade dispute” has the meaning given by [F2 section 244 of the Trade Union and Labour Relations (Consolidation) Act 1992];

• “trade union” has the meaning given by [F2 section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992];

• F10 “week” means, in relation to an employee whose remuneration is calculated weekly by a week ending with a day other than Saturday, a week ending with that other day, and in relation to any other employee, a week ending with Saturday.

(2) References in this Act to dismissal by reason of redundancy, and to cognate expressions, shall be construed in accordance with section 81.

(3) In sections 33, 47, 56, 61 and 86 and Schedule 2, except where the context otherwise requires, “to return to work” means to return to work in accordance with section 45(1), and cognate expressions shall be construed accordingly.

(4) For the purposes of this Act, any two employers are to be treated as associated if one is a company of which the other (directly or indirectly) has control, or if both are companies of which a third person (directly or indirectly) has control; and the expression “associated employer" shall be construed accordingly.

[F11 (4A) The definition of “successor” in subsection (1) above has effect (subject to the necessary modifications) in relation to a case where—

(a) 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

(b) 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.]

(5) For the purposes of this Act it is immaterial whether the law which (apart from this Act) governs any person’s employment is the law of the United Kingdom, or of a part of the United Kingdom, or not.

(6) In this Act, except where otherwise indicated—

(a) a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered, and

(b) a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered, and

(c) a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered, and

(d) a reference to any provision of an Act (including this Act) includes a Schedule incorporated in the Act by that provision.

(7) Except so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.

Textual Amendments

F1 Definition repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. 8

F2 Words in s. 153(1) substituted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para. 21(2)(a)(b)(c)(e)(f).

F3 Words substituted by Employment Act 1982 (c. 46, SIF 43:5), Sch. 3 para. 26

F4 Definition substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(6), Sch. 6 para. 24, Sch. 9 para. 4(1)

F5 Definition of “inadmissible reason" repealed by Employment Act 1982 (c. 46, SIF 43:5), Sch. 4 with saving in S.I. 1982/1656, Sch. 2

F6 Definitions repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(2), Sch. 11

F7 Definition repealed by Employment Act 1990 (c. 38, SIF 43:5), s. 16(2), Sch. 3

F8 Definition repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

F9 Definition in s. 153(1) substituted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para. 21(2)(d)

F10 Words repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4

F11 S. 153(4A) inserted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para. 21(3).

Modifications etc. (not altering text)

C1 S. 153(1): definition of "employee" applied (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 30 (7); S.I. 1991/2508, art. 2.

C2 S. 153(4): definition of "associated employer" applied (30. 11. 1991) by Coal Mining Subsidence Act 1991 (c.45, SIF 86), s. 30(7); S.I. 1919/2508, art. 2.

153 Interpretation. E+W+S

(1) In this Act, except so far as the context otherwise requires—

• “act” and “action” each includes omission and references to doing an act or taking action shall be construed accordingly;

• “business” includes a trade or profession and includes any activity carried on by a body of persons, whether corporate or unincorporate;

• F12 “collective agreement” has the meaning given by [F13 section 178(1) and (2) of the Trade Union and Labour Relations (Consolidation) Act 1992];

• “confinement” means the birth of a living child or the birth of a child whether living or dead after twenty-eight weeks of pregnancy;

• “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether it is oral or in writing;

• “dismissal procedures agreement” means an agreement in writing with respect to procedures relating to dismissal made by or on behalf of one or more independent trade unions and one or more employers or employers’ associations;

• “effective date of termination” has the meaning given by section 55(4) [F14 to (6)];

• “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment;

• “employer”, in relation to an employee, means the person by whom the employee is (or, in a case where the employment has ceased, was) employed;

• “employers’ association” has the same meaning as it has for the purposes of [F13 the Trade Union and Labour Relations (Consolidation) Act 1992];

• [F15 “employer’s payment” has the meaning given by section 106(1A) and (1B);]

• “employment”, except for the purposes of sections 111 to 115, means employment under a contract of employment;

• “expected week of confinement” means the week, beginning with midnight between Saturday and Sunday, in which it is expected that confinement will take place;

• “government department”, except in section 138 and paragraph 19 of Schedule 13, includes a Minister of the Crown;

• “guarantee payment” has the meaning given by section 12(1);

• F16 “independent trade union” means a trade union which—

(a) is not under the domination or control of an employer or a group of employers or of one or more employers’ associations; and

(b) is not liable to interference by an employer or any such group or association (arising out of the provision of financial or material support or by any other means whatsoever) tending towards such control;

and, in relation to a trade union, “independent” and “independence” shall be construed accordingly;

• “job”, in relation to an employee, means the nature of the work which he is employed to do in accordance with his contract and the capacity and place in which he is so employed;

• F17 F17 F17 “notice of intention to claim” has the meaning given by section 88;

• “notified day of return” has the meaning given by section 47(1) and (8);

• “official”, in relation to a trade union, has [F13 the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992];

• “original contract of employment”, in relation to an employee who is absent from work wholly or partly because of pregnancy or confinement, means the contract under which she worked immediately before the beginning of her absence or, if she entered into that contract during her pregnancy by virtue of section 60(2) or otherwise by reason of her pregnancy, the contract under which she was employed immediately before she entered into the later contract or, if there was more than one later contract, the first of the later contracts;

• “position”, in relation to an employee, means the following matters taken as a whole, that is to say, his status as an employee, the nature of his work and his terms and conditions of employment;

• F18 “redundancy payment” has the meaning given by section 81(1);

• F19 “relevant date”, for the purposes of the provisions of this Act which relate to redundancy payments, has the meaning given by section 90;

• “renewal” includes extension, and any reference to renewing a contract or a fixed term shall be construed accordingly;

• “statutory provision” means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or special nature;

• [F20 “successor”, in relation to the employer of an employee, means (subject to subsection (4A) below) a person who in consequence of a change occurring (whether by virtue of a sale or other disposition or by operation of law) in the ownership of the undertaking or of part of the undertaking for the purposes of which the employee was employed, has become the owner of the undertaking or of that part of it, as the case may be;]

• “trade dispute” has the meaning given by [F13 section 244 of the Trade Union and Labour Relations (Consolidation) Act 1992];

• “trade union” has the meaning given by [F13 section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992];

• F21 “week” means, in relation to an employee whose remuneration is calculated weekly by a week ending with a day other than Saturday, a week ending with that other day, and in relation to any other employee, a week ending with Saturday.

(2) References in this Act to dismissal by reason of redundancy, and to cognate expressions, shall be construed in accordance with section 81.

(3) In sections 33, 47, 56, 61 and 86 and Schedule 2, except where the context otherwise requires, “to return to work” means to return to work in accordance with section 45(1), and cognate expressions shall be construed accordingly.

(4) For the purposes of this Act, any two employers are to be treated as associated if one is a company of which the other (directly or indirectly) has control, or if both are companies of which a third person (directly or indirectly) has control; and the expression “associated employer" shall be construed accordingly.

[F22 (4A) The definition of “successor” in subsection (1) above has effect (subject to the necessary modifications) in relation to a case where—

(a) 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

(b) 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.]

(5) For the purposes of this Act it is immaterial whether the law which (apart from this Act) governs any person’s employment is the law of the United Kingdom, or of a part of the United Kingdom, or not.

(6) In this Act, except where otherwise indicated—

(a) a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered, and

(b) a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered, and

(c) a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered, and

(d) a reference to any provision of an Act (including this Act) includes a Schedule incorporated in the Act by that provision.

(7) Except so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.

Textual Amendments

F12 Definition repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. 8

F13 Words in s. 153(1) substituted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para. 21(2)(a)(b)(c)(e)(f).

F14 Words substituted by Employment Act 1982 (c. 46, SIF 43:5), Sch. 3 para. 26

F15 Definition substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(6), Sch. 6 para. 24, Sch. 9 para. 4(1)

F16 Definition of “inadmissible reason" repealed by Employment Act 1982 (c. 46, SIF 43:5), Sch. 4 with saving in S.I. 1982/1656, Sch. 2

F17 Definitions repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(2), Sch. 11

F18 Definition repealed by Employment Act 1990 (c. 38, SIF 43:5), s. 16(2), Sch. 3

F19 Definition repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

F20 Definition in s. 153(1) substituted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para. 21(2)(d)

F21 Words repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4

F22 S. 153(4A) inserted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para. 21(3).

Modifications etc. (not altering text)

C3 S. 153(1): definition of "employee" applied (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 30 (7); S.I. 1991/2508, art. 2.

C4 S. 153(4): definition of "associated employer" applied (30. 11. 1991) by Coal Mining Subsidence Act 1991 (c.45, SIF 86), s. 30(7); S.I. 1919/2508, art. 2.