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Employment Protection Act 1975

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  1. Introductory Text

  2. Part I Machinery for Promoting the Improvement of Industrial Relations

    1. Advisory, Conciliation and Arbitration Service, etc.

      1. 1. Advisory, Conciliation and Arbitration Service.

      2. 2. Conciliation.

      3. 3. Arbitration.

      4. 4. Advice.

      5. 5. Inquiry.

      6. 6. Codes of Practice.

      7. 7. Certification Officer.

      8. 8. Certification as independent trade union.

      9. 9. Custody of documents.

      10. 10. Central Arbitration Committee.

      11. 11—16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. Disclosure of information

      1. 17. General duty of employers to disclose information.

      2. 18. Restrictions on general duty under s. 17.

      3. 19. Complaint of failure to disclose information.

      4. 20. Further complaint arising from failure to disclose information.

      5. 21. Determination of claim and award.

  3. Part II

    1. 22—39.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 40.(1) . . . . . . . . ....

    3. 41—88.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  4. Part III

    1. 89—96.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. Powers of Agricultural Wages Boards

      1. 97. Amendments of Agricultural Wages Acts.

      2. 98.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  5. Part IV Procedure for Handling Redundancies

    1. 99. Duty of employer to consult trade union representatives on redundancy.

    2. 100. Duty of employer to notify Secretary of State of certain redundancies.

    3. 101. Complaint by trade union and protective award.

    4. 102. Entitlement under protective award.

    5. 103. Complaint by employee to industrial tribunal.

    6. 104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    7. 105. Offence and proceedings.

    8. 106. Supplementary.

    9. 107. Power to adapt foregoing provisions in case of collective agreements on redundancies.

  6. Part V Miscellaneous and Supplementary Provisions

    1. 108. General provisions as to industrial tribunals and conciliation officers.

    2. 109.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 110. Death of employee or employer.

    4. 111. Disentitlement to unemployment benefit and supplementary benefit during trade dispute.

    5. 112.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    6. 113.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    7. 114. Amendments of the Employment Agencies Act 1973.

    8. 115. Amendments of the Employment and Training Act 1973.

    9. 116. Amendments of the Health and Safety at work etc. Act 1974.

    10. 117. Offences by bodies corporate.

    11. 118. Restrictions on contracting out.

    12. 119. Excluded classes of employment.

    13. 120.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    14. 121. Application to Crown.

    15. 122. Application of employment legislation to House of Commons staff.

    16. 123. Orders, rules and regulations.

    17. 124. Financial provisions.

    18. 125. Minor and consequential amendments, transitional provisions and repeals.

    19. 126. Interpretation.

    20. 126A. Meaning of trade dispute.

    21. 127. Power to extend employment legislation.

    22. 128. Northern Ireland.

    23. 129. Short title, commencement and extent.

  7. SCHEDULES

    1. SCHEDULE 1

      Advisory, Conciliation and Arbitration Service, Etc.

      1. Part I Constitution Etc. of Advisory, Conciliation and Arbitration Service and its Council

        1. The Council

          1. 1.The Service shall be directed by a Council constituted in...

          2. 2.(1) The Council shall consist of a full-time chairman appointed...

          3. 3.(1) Subject to the following provisions of this paragraph, the...

          4. 4.(1) The Council shall determine its own procedure, including the...

          5. 5.The validity of any proceedings of the Council shall not...

        2. Staff

          1. 6.The Service may, with the approval of the Secretary of...

          2. 7.The Service may appoint such other officers and servants as...

          3. 8.The Service shall provide for the Certification Officer and the...

        3. Supplemental

          1. 9.The Service shall maintain offices in such of the major...

          2. 10.(1) The fixing of the common seal of the Service...

          3. 11.(1) The functions of the Service and of its officers...

          4. 12.Nothing in section 9 of the Statistics of Trade Act...

          5. 13.(1) The Service shall, as soon as practicable after the...

      2. Part II Central Arbitration Committee

        1. Constitution

          1. 14.(1) The Committee shall consist of a chairman appointed by...

          2. 15.(1) Subject to the following provisions of this paragraph, the...

          3. 16.(1) At any time when the chairman of the Committee...

        2. Proceedings

          1. 17.(1) For the purpose of discharging any of its functions...

          2. 18.The Committee may at the discretion of the chairman sit...

          3. 19.If in any case the Committee cannot reach a unanimous...

          4. 20.Subject to paragraphs 17 to 19 above, the Committee shall...

          5. 21.The validity of any proceedings of the Committee shall not...

        3. Awards

          1. 22.The Committee may correct in any award any clerical mistake...

          2. 23.(1) If any question arises as to the interpretation of...

          3. 24.Decisions of the Committee in the exercise of any of...

        4. Supplemental

          1. 25.For the purpose of assisting the Service in the discharge...

          2. 26.Part I of the Arbitration Act 1950 shall not apply...

          3. 27.The functions of the Committee shall be performed on behalf...

      3. Part III Supplementary Provisions

        1. Remuneration and allowances

          1. 28.The Service shall pay to— (a) members of the Council...

          2. 29.The Service may pay to— (a) persons appointed under section...

        2. Sums payable on retirement

          1. 30.The Secretary of State may pay, or make provision for...

          2. 31.Where a person ceases to be the holder of an...

          3. 32.The Service shall pay to the Minister for the Civil...

        3. Expenses of hearings before the Certification Officer

          1. 32A.The Service shall pay to the Certification Officer such sums...

        4. Expenses

          1. 33.The Secretary of State shall pay to the Service such...

        5. Accounts

          1. 34.It shall be the duty of the Service to keep...

          2. 35.(1) The Service shall prepare in respect of each accounting...

    2. SCHEDULES 2—6

    3. SCHEDULES 7—8

    4. SCHEDULE 9

      Amendments of Agricultural Wages Act 1948

      1. Part I Section 3, AS SUBSTITUTED

        1. 3. Power of Agricultural Wages Board to fix wages, holidays and other terms and conditions.

      2. Part II Minor and Consequential Amendments

        1. 1.In section 4(1) (enforcement) after paragraph (c) there shall be...

        2. 2.(1) In section 5 (permits to incapacitated persons) after subsection...

        3. 3.(1) In section 11(1) (void agreements) at the end add...

        4. 4.(1) In section 12(3)(a) (inspection of records), at the end...

        5. 5.The provisions specified in column 1 of the following Table...

        6. 6.In paragraph 6 of Schedule 4 (power to vary and...

    5. SCHEDULE 10

      Amendments of Agricultural Wages (Scotland) Act 1949

      1. Part 1 Section 3, As Substituted

        1. 3. Power of Scottish Agricultural Wages Board to fix rates of wages and holidays.

      2. Part II Minor and Consequential Amendments

        1. 1.In section 4(1) (enforcement), after paragraph (c) there shall be...

        2. 2.(1) In section 5 (permits to infirm and incapacitated persons),...

        3. 3.(1) In section 11(1) (void agreements), at end there shall...

        4. 4.(1) In section 12(3)(a) (inspection of records), at the end...

        5. 5.The provisions specified in column 1 of the following Table...

        6. 6.In paragraph 6 of Schedule 3 (power to vary and...

    6. SCHEDULE 11

    7. SCHEDULE 12

      1. Part I General

        1. Introductory

          1. 1.In this Schedule “the relevant provisions” means the provisions of...

        2. Institution or continuance of tribunal proceedings

          1. 2.Where an employee or employer has died tribunal proceedings arising...

          2. 3.(1) If there is no personal representative of a deceased...

          3. 4.(1) Subject to any specific provision of this Schedule to...

        3. Rights and liabilities accruing after death

          1. 5.Any right arising under any of the relevant provisions as...

          2. 6.Where by virtue of any of the relevant provisions as...

        4. Death during protected period

          1. 7.Where an industrial tribunal makes a protective award under section...

      2. Part II

        1. 8—12.. . . . . . . . . ....

    8. SCHEDULE 13

      Amendments of the Employment Agencies Act 1973

      1. 1.In sections 1 and 2, for the words “licensing authority”,...

      2. 2.In section 1(2)(b) for the words from “time for appealing”...

      3. 3.(1) After section 2(3) insert the following subsection—

      4. 4.For sections 3 and 4, substitute the following section— Right...

      5. 5.Section 8 is hereby repealed.

      6. 6.(1) In section 9(1) for the words “of a licensing...

      7. 7.In section 13(1), the definition of “licensing authority” is hereby...

    9. Schedule 14

      Amendments of the Employment and Training Act 1973

      1. 1.. . . . . . . . . ....

      2. 2.(1) . . . . . . . . ....

      3. 3.After section 13(1) insert the following subsection:—

      4. 4, 5.. . . . . . . . . ....

      5. 6.The following provisions and passages are hereby repealed:— Section 7....

    10. Schedule 15

      Amendments of the Health and Safety at Work Etc. Act 1974

      1. 1.In section 1(2) omit the words “and agricultural health and...

      2. 2.In section 2, omit subsection (5) and in subsection (7)...

      3. 3.After section 10(7) insert the following subsection:—

      4. 4.In section 11, in subsection (1) omit the words “except...

      5. 5.In section 14(2), omit the words from “but shall not...

      6. 6.In section 15, for subsection (1) substitute—

      7. 7.In section 16(1), omit the words “and except as regards...

      8. 8.In section 18, in subsection (3) omit the words “or...

      9. 9.In section 28, after subsection (8) insert the following subsection—...

      10. 10.Sections 29, 30, 31 and 32 are hereby repealed.

      11. 11.In section 33, in subsection (1)(c) omit the words “or...

      12. 12.In section 43, in subsection (3) omit the words “the...

      13. 13.In section 44, in subsection (1) omit the words “agricultural...

      14. 14.In section 47, in subsection (2) omit the words “or...

      15. 15.(1) In section 49, in subsection (1) for the words...

      16. 16.(1) In section 50, for subsection (1) substitute—

      17. 17.In section 52, for subsections (3) and (4) substitute—

      18. 18.(1) In section 53, in subsection (1) omit the definitions...

      19. 19.In section 80, for subsections (4) to (6) substitute—

      20. 20.In section 84(1)(a), omit the words “or 30”.

      21. 21.Schedule 4 is hereby repealed.

    11. SCHEDULE 16

      Minor and Consequential Amendments

      1. Parts I, II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. Part III

        1. 1.In section 8 and 11, and in Schedule 2, for...

        2. 2.In section 8, after subsection (6) insert the following subsection:...

        3. 3.For section 8(7) substitute the following subsection:—

        4. 4.. . . . . . . . . ....

        5. 5.In section 8(10), for the words from the beginning to...

        6. 6.Renumber section 17 (restriction on grant of ex parte injunctions...

        7. 7.(1) In section 30(1), after the definition of “act” and...

        8. 8.. . . . . . . . . ....

        9. 9.. . . . . . . . . ....

        10. 10, 11.. . . . . . . . . ....

        11. 12.. . . . . . . . . ....

        12. 13—16.. . . . . . . . . ....

        13. 17.. . . . . . . . . ....

        14. 18—30.. . . . . . . . . ....

        15. 31.In paragraph 31(1)(b) of Schedule 1 (nominations by members of...

        16. 32.In paragraph 31 of Schedule 1, for sub-paragraphs (4) and...

        17. 33.In paragraph 33(2) of Schedule 1, after the words “government...

        18. 34.. . . . . . . . . ....

        19. 35.(1) For the avoidance of doubt it is hereby declared...

      3. Part IV Miscellaneous Amendments

        1. 1.. . . . . . . . . ....

        2. Trade Union Act 1913 (2 & 3 Geo. 5 c. 30)

          1. 2.(1) The Trade Union Act 1913 shall be amended in...

        3. Industrial Courts Act 1919 (c. 69)

          1. 3.(1) The Industrial Courts Act 1919 shall be amended in...

        4. Road Haulage Wages Act 1938 (c. 44)

          1. 4.(1) The Road Haulage Wages Act 1938 shall be amended...

          2. 5.. . . . . . . . . ....

        5. Public Records Act 1958(c.51)

          1. 6.In Part 11 of the Table at the end of...

        6. Road Traffic Act 1960 (c. 16)

          1. 7.In section 152 of the Road Traffic Act 1960,—

          2. 8.. . . . . . . . . ....

        7. Education (Scotland) Act 1962 (c. 47)

          1. 9.(1) The Education (Scotland) Act 1962 shall be amended in...

        8. Trade Union (Amalgamations, etc.) Act 1964 (c. 24)

          1. 10.(1) The Trade Union (Amalgamations etc.) Act 1964 shall be...

        9. Remuneration of Teachers Act 1965 (c. 3)

          1. 11.(1) The Remuneration of Teachers Act 1965 shall be amended...

        10. Remuneration of Teachers (Scotland) Act 1967 (c. 36)

          1. 12.(1) The Remuneration of Teachers (Scotland) Act 1967 shall be...

        11. Equal Pay Act 1970 (c. 41)

          1. 13.(1) The Equal Pay Act 1970 shall be amended in...

          2. 14.. . . . . . . . . ....

          3. 15.. . . . . . . . . ....

        12. House of Commons Disqualification Act 1975 (c. 24)

          1. 16.(1) The House of Commons Disqualification Act 1975 shall be...

        13. Social Security Pensions Act 1975 (c. 60)

          1. 17.After section 31(8) of the Social Security Pensions Act 1975...

        14. Sex Discrimination Act 1975 (c. 65)

          1. 18.(1) The Sex Discrimination Act 1975 shall be amended in...

    12. SCHEDULE 17

      Transitional Provisions

      1. 1.Subject to any express provision made in any of the...

      2. 2.Where any action has been taken by a conciliation officer...

      3. 3.Any matter which immediately before the commencement of section 10(2)...

      4. 4.(1) The Code of Practice in effect under Part I...

      5. 5.(1) Anything done before the commencement of section 7 above...

      6. 6.Anything done before the commencement of section 10(2) above by,...

      7. 7—10.. . . . . . . . . ....

      8. 11.. . . . . . . . . ....

      9. 12.An order under . . . section 3 of the...

      10. 13.. . . . . . . . . ....

      11. 14.Where any provision of this Act increases the penalty for...

      12. 15.The repeals effected by section 111 above—

      13. 16, 17.. . . . . . . . . ....

      14. 18.Any enactment or document which refers, whether specifically or by...

      15. 19.Nothing in this Schedule shall be construed as prejudicing sections...

    13. SCHEDULE 18

      Enactments Repealed

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