Trade Union and Labour Relations (Consolidation) Act 1992

278 House of Commons staff. E+W+S

(1) The provisions of this Act (except those specified below) apply in relation to employment as a relevant member of the House of Commons staff as in relation to other employment.

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

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).

[F1 (2A) Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Commons staff from bringing a civil employment claim before the court or from bringing before an [F2 employment tribunal]] proceedings of any description which could be brought before such a tribunal by any person who is not such a member.

(3) In this section relevant member of the House of Commons staff has the same meaning as in section 139 of the M1 Employment Protection (Consolidation) Act 1978.

• [F3 civil employment claim means a claim arising out of or relating to a contract of employment or any other contract connected with employment, or a claim in tort arising in connection with a person’s employment; and

• the court means the High Court or the county court.]

(4) For the purposes of the other provisions of this Act as they apply by virtue of this section—

(a) employee and contract of employment include a relevant member of the House of Commons staff and the terms of employment of any such member (but subject to subsection (5) below);

(b) dismissal includes the termination of any such member’s employment;

(c) the reference in [F4 section] 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 or, if the case so requires, the interests of the House of Commons; and

(d) any other reference to an undertaking shall be construed as a reference to the House of Commons.

(5) Sections 137 to 143 (access to employment) apply by virtue of this section in relation to employment otherwise than under a contract only where the terms of employment correspond to those of a contract of employment.

(6) [F5 Subsections (6) to (12) of section 195 of the Employment Rights Act 1996] (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of this section.

Textual Amendments

F1 S. 278(2A) inserted (30.11.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 85(a); S.I. 1993/2503, art. 2(2), Sch. 2

F2 Words in s. 278(2A) 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

F3 Words in s. 278(3) inserted (30.11.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 85(b); S.I. 1993/2503, art. 2(2), Sch. 2

F4 Words in s. 278(4)(c) inserted (30.8.1993) by 1993 c. 19, s. 49(1), Sch. 7 para. 27; S.I. 1993/1908, art. 2(1), Sch. 1

F5 Words in s. 278(6) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 56(17) (with ss. 191-195, 202)

Marginal Citations

M1 1978 c. 44.