Employment Protection Act 1975

[F1 126A Meaning of trade dispute. E+W+S

(1) In this Act “trade dispute” means a dispute between employers and workers, or between workers and workers, which is connected with one or more of the following, that is to say—

(a) terms and conditions of employment, or the physical conditions in which any workers are required to work;

(b) engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers;

(c) allocation of work or the duties of employment as between workers or groups of workers;

(d) matters of discipline;

(e) the membership or non-membership of a trade union on the part of a worker;

(f) facilities for officials of trade unions; and

(g) machinery for negotiation or consultation, and other procedures, relating to any of the foregoing matters, including the recognition by employers or employers’ associations of the right of a trade union to represent workers in any such negotiation or consultation or in the carrying out of such procedures.

(2) A dispute between a Minister of the Crown and any workers shall, notwithstanding that he is not the employer of those workers, be treated for the purposes of this Act as a dispute between employer and those workers if the dispute relates—

(a) to matters which have been referred for consideration by a joint body on which, by virtue of any provision made by or under any enactment, that Minister is represented; or

(b) to matters which cannot be settled without that Minister exercising a power conferred on him by or under an enactment.

(3) There is a trade dispute for the purposes of this Act even though it relates to matters occurring outside Great Britain.

(4) A dispute to which a trade union or employers’; association is a party shall be treated for the purposes of this Act as a dispute to which workers or, as the case may be, employers are parties.

(5) An act, threat or demand done or made by one person or organisation against another which, if resisted, would have led to a trade dispute with that other, shall, notwithstanding that because that other submits to the act or threat or accedes to the demand no dispute arises, be treated for the purposes of this Act as being done or made in contemplation of a trade dispute with that other.

(6) In this section—

• “employment”includes any relationship whereby one person personally does work or performs services for another;

• “worker”, in relation to a dispute to which an employer is a party, includes any worker even if not employed by that employer.]

Textual Amendments

F1 S. 126A inserted by Employment Act 1982 (c. 46, SIF 43:5), s. 21, Sch. 3 para. 13(3)