House of Commons (Administration) Act 1978

Section 5.

SCHEDULE 2 Supplementary and consequential provisions

Mr. Speaker to act after dissolution of Parliament

1 For the purposes of this Act and section 122 of the Employment Protection Act 1975, the Speaker at the time of a dissolution of Parliament shall be deemed to remain Speaker for the further period for which he holds office by virtue of paragraph 3(1) of Schedule 1 to this Act.

Deputy Speaker acting for Mr. Speaker

2 (1) While Mr. Speaker is temporarily absent from the House during a session of Parliament a Deputy Speaker having power to act under section 1 of the [1855 c. 84.] Deputy Speaker Act 1855 may exercise the functions of Mr. Speaker under this Act.

(2) The said functions shall include any functions delegated to Mr. Speaker under paragraph 5 of Schedule 1 to this Act, but an appointment made in exercise of functions so delegated shall be only for such time as the Deputy Speaker has power under this paragraph to exercise the functions of Mr. Speaker.

Transitional provision

3 All persons employed in the House Departments immediately before the coming into force of section 2 of this Act, other than those mentioned in subsection (4) of that section, shall be treated for all purposes as if their appointments had been made by the Commission.

Contracts of Employment Act 1972 (c.53)

4 In section 5(4) of the Contracts of Employment Act 1972 (written statement to be given to employee on change in his employer), in paragraph (b), after the word " Act " insert the words " or section 122(7A) of the Employment Protection Act 1975 ".

Employment Protection Act 1975 (c.71)

5 (1) Section 122 of the Employment Protection Act 1975 (application of employment legislation to House of Commons) shall be amended in accordance with this paragraph.

(2) In paragraphs (b) and (c) of subsection (1), after the words " construed as", in each place where they occur, insert the word " including ".

(3) For subsections (3) to (7) substitute the following subsections—

“(3) Nothing in any rule of law or the law or practice of Parliament shall prevent a relevant member of House of Commons staff from bringing a civil employment claim before the court or from bringing before an industrial tribunal proceedings of any description which could be brought before such a tribunal by any person who is not such a member.

(4) In this section—

• ' relevant member of the House of Commons staff' means—

  (a)

  any person appointed by the House of Commons Commission (in this section referred to as the Commission) or employed in the refreshment department; and

  (b)

  any member of Mr. Speaker's personal staff;

• ' 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.

(5) It is hereby declared that for the purposes of the enactments applied by subsections (1) and (2) above and of the Redundancy Payments Act 1965 (where applicable to relevant members of House of Commons staff) and for the purposes of any civil employment claim—

(a) the Commission is the employer of staff appointed by the Commission; and

(b) Mr. Speaker is the employer of his personal staff and of any person employed in the refreshment department and not falling within paragraph (a) above;

but the foregoing provision shall have effect subject to subsection (6) below.

(6) The Commission or, as the case may be, Mr. Speaker may designate for all or any of the purposes mentioned in subsection (5) above—

(a) any description of staff other than Mr. Speaker's personal staff; and

(b) in relation to staff so designated, any person ;

and where a person is so designated he, instead of the Commission or Mr. Speaker, shall be deemed for the purposes to which the designation relates to be the employer of the persons in relation to whom he is so designated.

(7) Where any proceedings are brought by virtue of this section against the Commission or Mr. Speaker or any person designated under subsection (6) above, the person against whom the proceedings are brought may apply to the court or industrial tribunal, as the case may be, to have some other person against whom the proceedings could at the time of the application be properly brought substituted for him as a party to those proceedings.

(7A) For the purposes mentioned in subsection (5) above a person's employment in or for the purposes of the House of Commons shall not, provided he continues to be employed in such employment, be treated as terminated by reason only of a change (whether effected before or after the passing of the House of Commons (Administration) Act 1978, and whether effected by virtue of that Act or otherwise) in his employer and (provided he so continues) his first appointment to such employment shall be deemed after the change to have been made by his employer for the time being, and accordingly—

(a) he shall be treated for the purposes so mentioned as being continuously employed by that employer from the commencement of such employment until its termination; and

(b) anything done by or in relation to his employer for the time being in respect of such employment before the change shall be so treated as having been done by or in relation to the person who is his employer for the time being after the change.

(7B) In subsection (7A) above ' employer for the time being' in relation to a person who has ceased to be employed in or for the purposes of the House of Commons, means the person who was his employer immediately before he ceased to be so employed, except that where some other person would have been his employer for the time being if he had not ceased to be so employed, it means that other person.”.

(4) In subsection (8) (power to amend subsections (4) to (6)), for the words " subsections (4) to (6) " substitute the words " subsections (4) to (7) ".