Trade Union and Labour Relations (Consolidation) Act 1992

143 Interpretation and other supplementary provisions. E+W+S

(1) In sections 137 to 143—

• “advertisement” includes every form of advertisement or notice, whether to the public or not, and references to publishing an advertisement shall be construed accordingly;

• “employment” means employment under a contract of employment, and related expressions shall be construed accordingly; and

• “employment agency” means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers, but subject to subsection (2) below.

(2) For the purposes of sections 137 to 143 as they apply to employment agencies—

(a) services other than those mentioned in the definition of “employment agency" above shall be disregarded, and

(b) a trade union shall not be regarded as an employment agency by reason of services provided by it only for, or in relation to, its members.

(3) References in sections 137 to 143 to being or not being a member of a trade union are to being or not being a member of any trade union, of a particular trade union or of one of a number of particular trade unions.

Any such reference includes a reference to being or not being a member of a particular branch or section of a trade union or of one of a number of particular branches or sections of a trade union.

(4) The remedy of a person for conduct which is unlawful by virtue of section 137 or 138 is by way of a complaint to an [F1 employment tribunal] in accordance with this Part, and not otherwise.

No other legal liability arises by reason that conduct is unlawful by virtue of either of those sections.

Textual Amendments

F1 Words in s. 143(4) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1