Trade Union and Labour Relations (Consolidation) Act 1992

Interpretation E+W+S

295 Meaning of employee and related expressions. E+W+S

(1) In this Act—

• contract of employment means a contract of service or of apprenticeship,

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

• employer, in relation to an employee, means the person by whom the employee is (or, where the employment has ceased, was) employed.

(2) Subsection (1) has effect subject to section 235 and other provisions conferring a wider meaning on contract of employment or related expressions.

296 Meaning of worker and related expressions. E+W+S

(1) In this Act worker means an individual who works, or normally works or seeks to work—

(a) under a contract of employment, or

(b) under any other contract whereby he undertakes to do or perform personally any work or services for another party to the contract who is not a professional client of his, or

(c) in employment under or for the purposes of a government department (otherwise than as a member of the naval, military or air forces of the Crown) in so far as such employment does not fall within paragraph (a) or (b) above.

(2) In this Act employer, in relation to a worker, means a person for whom one or more workers work, or have worked or normally work or seek to work.

F1 [(3) This section has effect subject to [F2 sections 68(4), [F3 116B(10), ] 145F(3) and 151(1B)].]

Textual Amendments

F1 S. 296(3) inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para.88; S.I. 1993/1908, art. 2(1), Sch. 1

F2 Words in s. 296(3) substituted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 21; S.I. 2004/2566, art. 3(b) (with arts. 4-8)

F3 Word in s. 296(3) inserted (1.3.2017 for specified purposes) by Trade Union Act 2016 (c. 15), ss. 15(2), 25(1); S.I. 2017/139, reg. 2(l)

297 Associated employers. E+W+S

For the purposes of this Act any two employers shall be treated as associated if—

(a) one is a company of which the other (directly or indirectly) has control, or

(b) both are companies of which a third person (directly or indirectly) has control;

and associated employer shall be construed accordingly.

[F4 297A Meaning of “voting” E+W+S

For the purposes of this Act, the number of persons voting in a ballot includes those who return ballot papers that are spoiled or otherwise invalid.]

Textual Amendments

F4 S. 297A inserted (1.3.2017) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 4 para. 17; S.I. 2017/139, reg. 2(n)(ii)

[F5 297B Devolved Welsh authorities E+W

For the purposes of this Act a “devolved Welsh authority” has the same meaning as in section 157A of the Government of Wales Act 2006 (c.32).]

Textual Amendments

F5 S. 297B inserted (E.W.) (13.9.2017) by Trade Union (Wales) Act 2017 (anaw 4), ss. 1(5), 3; S.I. 2017/903, art. 2

298 Minor definitions: general. E+W+S

In this Act, unless the context otherwise requires—

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

• [F6 “agency worker” has the meaning given in regulation 3 of the Agency Workers Regulations 2010;]

• [F7 “certificate of independence” means a certificate issued under—

  (a)

  section 6(6), or

  (b)

  section 101A(4);]

• contravention includes a failure to comply, and cognate expressions shall be construed accordingly;

• dismiss, dismissal and effective date of termination, in relation to an employee, shall be construed in accordance with [F8 Part X of the Employment Rights Act 1996];

• [F9 “legal professional privilege”, as respects Scotland, means confidentiality of communications;]

• F10 . . .

• tort, as respects Scotland, means delict, and cognate expressions shall be construed accordingly.

Textual Amendments

F6 Words in s. 298 inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 1(1), Sch. 2 para. 5

F7 S. 298: definition inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 50(4), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

F8 Words in s. 298 substituted (22.8.1996) by 1996 c. 17, ss. 240, 243, Sch. 1 para. 56(19) (with ss. 191-195, 202)

F9 Words in s. 298 inserted (1.3.2017) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 4 para. 18; S.I. 2017/139, reg. 2(n)(ii)

F10 S. 298: Definition of post repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2

299 Index of defined expressions. E+W+S

In this Act the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated—

ACAS	section 247(1)
act and action	section 298
advertisement (in sections 137 to 143)	section 143(1)
[F11 affected employees (in Part IV, Chapter II)]	[F11 section 196(3)]
[F12 “affected transferring individual” (in sections 198A and 198B)]	[F12 section 198A(7)]
[F13 agency worker]	[F13 section 298]
[F14 agent (of trade union)]	[F14 section 119]
appropriately qualified actuary (in sections 38 to 41)	section 42
associated employer	section 297
branch or section (of trade union)	section 119
[F15 certificate of independence	section 298.]
collective agreement and collective bargaining	section 178(1)
F16 . . .	F16 . . .
contract of employment
—generally	section 295(1)
—in sections 226 to 234	section 235
—in relation to Crown employment	section 273(4)(a)
—in relation to House of Lords or House of Commons staff	sections 277(4) and 278(4)(a)
contravention	section 298
[F17 contributor (in relation to the political fund of a trade union)]	[F17 section 84(5)]
the court (in Part I)	section 121
date of the ballot (in Part V)	section 246
[F18 devolved Welsh authority]	[F18 section 297B]
dismiss and dismissal
—generally	section 298
—in relation to Crown employment	section 273(4)(c)
—in relation to House of Commons staff	section 278(4)(b)
[F14 the duty of confidentiality] [F19 , in the context of a scrutineer or independent person ]	[F14 section 24A(3)]
effective date of termination	section 298
employee
—generally	section 295(1)
—in relation to Crown employment	section 273(4)(a)
—in relation to House of Commons staff	section 278(4)(a)
—excludes police service	section 280
[F20 employee representatives (in Part IV, Chapter II)]	[F20 section 196(1).]
employer
—in relation to an employee	section 295(1)
—in relation to a worker	section 296(2)
—in relation to health service practitioners	section 279
employment and employment agency (in sections 137 to 143)	section 143(1)
executive (of trade union)	section 119
[F14 financial affairs (of trade union)]	[F14 section 119]
financial year (in Part VI)	section 272
general secretary	section 119
independent trade union (and related expressions)	section 5
[F17 legal professional privilege (as respects Scotland)]	[F17 section 298]
list
—of trade unions	section 2
—of employers’ associations	section 123
Northern Ireland union (in Part I)	section 120
not protected (in sections 222 to 226)	section 219(4)
officer
—of trade union	section 119
—of employers’ association	section 136
official (of trade union)	section 119
offshore employment	section 287
F21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
political fund	section 82(1)(a)
political resolution	section 82(1)(a)
F22 . . .	F22 . . .
prescribed	section 293(1)
president	section 119
[F23 “pre-transfer consultation” (in sections 198A and 198B)]	[F23 section 198A(7)]
recognised, recognition and related expressions	section 178(3)
[F24 “relevant transfer” (in sections 198A and 198B)]	[F24 section 198A(7)]
F16 . . .
F16 . . .	F16 . . .
F16 . . .	F16 . . .
[F25 representatives of a trade union (in Part IV, Chapter II)]	[F25 section 196(2)]
rules (of trade union)	section 119
strike (in Part V)	section 246
tort (as respects Scotland)	section 298
trade dispute
—in Part IV	section 218
—in Part V	section 244
trade union	section 1
[F26 “transferee” and “transferor” (in sections 198A and 198B)]	[F26 section 198A(7)]
[F26 “transferring individual” (in sections 198A and 198B)]	[F26 section 198A(7)]
undertaking (of employer)
—in relation to Crown employment	section 273(4)(e) and (f)
—in relation to House of Commons staff	section 278(4)(c) and (d)
[F17 voting]	[F17 section 297A]
worker
—generally	section 296(1)
—includes health service practitioners	section 279
—excludes police service	section 280
working hours (in Part V)	section 246

Textual Amendments

F11 Entry in s. 299 relating to affecting employees inserted (28.7.1999) by S.I. 1999/1925, reg. 7

F12 Words in s. 299 inserted (31.1.2014) by The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (S.I. 2014/16), regs. 1(2), 3(2)(a)

F13 Words in s. 299 inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 1(1), Sch. 2 para. 6

F14 Entries in s. 299 inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 89; S.I. 1993/1908, art. 2(1), Sch. 1

F15 S. 299: entry inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 50(5), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

F16 Entries in s. 299 repealed (30.8.1993) by 1993 c. 19, s. 51, Sch. 10; S.I. 1993/1908, art. 2(1), Sch. 1

F17 Words in s. 299 inserted (1.3.2017) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 4 para. 19; S.I. 2017/139, reg. 2(n)(ii)

F18 Words in s. 299 added (E.W.) (13.9.2017) by Trade Union (Wales) Act 2017 (anaw 4), ss. 1(6), 3; S.I. 2017/903, art. 2

F19 Words in s. 299 inserted (30.1.2014 for specified purposes, 6.4.2015 in so far as not already in force and with application in accordance with art. 3 of the commencing S.I.) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 41(5), 45(3)(c); S.I. 2015/717, art. 3(1)(b)

F20 Entry in s. 299 inserted (26.10.1995) by S.I. 1995/2587, reg. 7(2)

F21 S. 299: entry repealed (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1)(2), 59(2)-(4), Sch. 1 para. 22, Sch. 2; S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

F22 Entry in s. 299 relating to post repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2

F23 Words in s. 299 inserted (31.1.2014) by The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (S.I. 2014/16), regs. 1(2), 3(2)(b)

F24 Words in s. 299 inserted (31.1.2014) by The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (S.I. 2014/16), regs. 1(2), 3(2)(c)

F25 Entry in s. 299 substituted (26.10.1995) by S.I. 1995/2587, reg. 7(3)

F26 Words in s. 299 inserted (31.1.2014) by The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (S.I. 2014/16), regs. 1(2), 3(2)(d)