Employment Act 1990

Section 16(1).

SCHEDULE 2 E+W+S Consequential Amendments

Employment Protection (Consolidation) Act 1978 (c.44) E+W+S

1 (1) The Employment Protection (Consolidation) Act 1978 is amended as follows.

(2) In section 62 (dismissal in connection with a lock-out, strike or other industrial action), after subsection (4) add—

“(5) The provisions of this section do not apply to an employee who by virtue of section 62A below has no right to complain of unfair dismissal; but nothing in that section affects the question who are relevant employees in relation to an employee to whom the provisions of this section do apply.”.

(3) In section 106 (redundancy: payments by Secretary of State to employee where employer fails to pay), in subsections (2) and (3) for “the fund” substitute “the National Insurance Fund”.

(4) In sections 122(1), 123(1) and 125(4) (insolvency of employer: payments by Secretary of State to or in respect of employees), for “the Redundancy Fund” substitute “the National Insurance Fund”.

(5) In section 156 (payments into the Consolidated Fund)—

(a) in subsections (2) and (3), for “the Redundancy Fund” substitute “the National Insurance Fund”; and

(b) in subsection (3) for “sections 103 to 109” substitute “sections 106 to 108”.

(6) In section 158(2) (reciprocal arrangements with the Isle of Man: financial adjustments) for “the Redundancy Fund” substitute “the National Insurance Fund”.

Trade Union Act 1984 (c.49) E+W+S

2 (1) Section 10 of the Trade Union Act 1984 (industrial action taken without support of ballot) is amended as follows.

(2) For subsections (1) and (2) substitute—

“(1) An act done by a trade union to induce a person to take part, or continue to take part, in industrial action is not within section 13 of the 1974 Act (protection from certain liabilities in tort) unless the industrial action has the support of a ballot.”.

(3) In subsection (3), for the words from “an act” to “done with” substitute “industrial action shall be regarded as having”, in paragraph (a) for the words from “strike” to “occurred” substitute “industrial action in question”, and for paragraph (c) substitute—

“(c) the requirements of section 7 of the Employment Act 1990 are satisfied;”.

(4) In subsection (3A), in paragraph (a), for the words from “by an act” to “performance” substitute “to take part, or continue to take part, in industrial action”, in paragraph (b) for the words from “strike” to “interference” substitute “industrial action”, and omit the words “of that breach or interference”.

(5) In subsection (4) omit the words “strike or other”.

(6) In subsection (4A), omit the words “inducing a breach or interference”, and for the words from “in the course of which” to the end substitute “to which the act relates”.

(7) In subsection (5) omit the definitions of “authorisation or endorsement”, “commercial contract”, “contract of employment”, “relevant act” and “tort” and the words from “and any reference” to the end.

Modifications etc. (not altering text)

C1 Sch. 2 para. excluded by S. I. 1990/2378, art. 6(b), 8(1)

Employment Act 1988 (c.19) E+W+S

3 (1) Section 1 of the Employment Act 1988 (right to a ballot before industrial action) is amended as follows.

(2) In subsection (1), for the words from “that the union” to “continue to take part” substitute “that members of the union, including himself, are likely to be or have been induced by the union to take part or to continue to take part in industrial action which does not have the support of a ballot”.

(3) In subsection (2), for paragraphs (a) to (c) substitute “that the application is well-founded” and omit the words from “(including” to “endorsement)”.

(4) For subsections (3) and (4) substitute—

“(3) For the purposes of this section an act shall be taken to have been done by a trade union if it was authorised or endorsed by the union; and the provisions of subsections (3) to (7) of section 15 of the Employment Act 1982 apply for the purpose of determining whether an act is to be taken to have been so authorised or endorsed.

Those provisions also apply in relation to proceedings for failure to comply with an order under this section as they apply in relation to the original proceedings.”.

(5) In subsection (5) omit the words “an authorisation or endorsement by a trade union of any” and for paragraph (e) substitute—

“(e) the requirements of section 7 of the Employment Act 1990 are satisfied.”.

Modifications etc. (not altering text)

C2 Sch. 2 para. 3 excluded by S. I. 1990/2378, art. 6(b)