Trade Union and Labour Relations (Consolidation) Act 1992

273 Crown employment. E+W+S

(1) The provisions of this Act have effect (except as mentioned below) in relation to Crown employment and persons in Crown employment as in relation to other employment and other workers or employees.

(2) The following provisions are excepted from subsection (1)—

[F1 section 87(4)(b) (power of tribunal] to make order in respect of employer’s failure to comply with duties as to union contributions);

sections 184 and 185 (remedy for failure to comply with declaration as to disclosure of information);

Chapter II of Part IV (procedure for handling redundancies).

(3) In this section Crown employment means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by an enactment.

(4) For the purposes of the provisions of this Act as they apply in relation to Crown employment or persons in Crown employment—

(a) employee and contract of employment mean a person in Crown employment and the terms of employment of such a person (but subject to subsection (5) below);

(b) dismissal means the termination of Crown employment;

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the reference in 182(1)(e) (disclosure of information for collective bargaining: restrictions on general duty) to the employer’s undertaking shall be construed as a reference to the national interest; and

(e) any other reference to an undertaking shall be construed, in relation to a Minister of the Crown, as a reference to his functions or (as the context may require) to the department of which he is in charge, and in relation to a government department, officer or body shall be construed as a reference to the functions of the department, officer or body or (as the context may require) to the department, officer or body.

(5) Sections 137 to 143 (rights in relation to trade union membership: access to employment) apply in relation to Crown employment otherwise than under a contract only where the terms of employment correspond to those of a contract of employment.

(6) This section has effect subject to section 274 (armed forces) and section 275 (exemption on grounds of national security).

Textual Amendments

F1 Words in s. 273(2) substituted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 8; S.I. 1998/1658, art. 2(1), Sch.

F2 S. 273(4)(c) repealed (30.8.1993) by 1993 c. 19, s. 51, Sch. 10; S.I. 1993/1908, art. 2(1), Sch. 1