Employment Protection (Consolidation) Act 1978

138 Application of Act to Crown employment. E+W+S

(1) Subject to the following provisions of this section, Parts I F1 . . ., II, III F2 , V, VIII and this Part and section 53 shall have effect in relation to Crown employment and to persons in Crown employment as they have effect in relation to other employment and to other employees.

(2) In this section, [F3 subject to subsections (3) to (5),] “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 any enactment.

(3) This section does not apply to service as a member of the naval, military or air forces of the Crown, F4 , but does apply to employment by any association established for the purposes of [F5 Part VI of the M1 Reserve Forces Act 1980]

(4) [F6 Part I (so far as it relates to itemised pay statements), Part II (except sections 22A to 22C and 31A), section 53 (apart from subsection (2A)), Part V (except so far as relating to a dismissal which is regarded as unfair by reason of section 57A, 59(1)(a) or 60) and Part VIII and this Part (so far as relating to any of those provisions) shall not have effect in relation to any Crown employment] in respect of which there is a certificate issued by or on behalf of a Minister of the Crown certifying that employment of a description specified in the certificate, or the employment of a particular person so specified, is (or, at a time specified in the certificate, was) required to be excepted from this section for the purpose of safeguarding national security; and any document puproorting to be a certificate so issued shall be received in evidence and shall, unless the contrary is proved, be deemed to be such a certificate.

[F7 (5) For the purposes of Parts I (so far as it relates to itemised pay statements), II, III (except section 44(3) and (4)), V, VII (except section 126(3) and (4)), VIII and this Part and section 53, none of the bodies referred to in Schedule 5 shall be regarded as performing functions on behalf of the Crown and accordingly employment by any such body shall not be Crown employment within the meaning of this section.]

(6) For the purposes of the application of the provisions of this Act in relation to employment by any such body as is referred to in subsection (5), any reference to redundancy shall be construed as a reference to the existence of such circumstances as, in accordance with any arrangements for the time being in force as mentioned in section 111(3), are treated as equivalent to redundancy in relation to such employment.

(7) For the purposes of the application of the provisions of this Act in relation to Crown employment in accordance with subsection (1)—

(a) any reference to an employee shall be construed as a reference to a person in Crown employment;

(b) any reference to a contract of employment shall be construed as a reference to the terms of employment of a person in Crown employment;

(c) any reference to dismissal shall be construed as a reference to the termination of Crown employment;

(d) any reference to redundancy shall be construed as a reference to the existence of such circumstances as, in accordance with any arrangements for the time being in force as mentioned in section 111(3), are treated as equivalent to redundancy in relation to Crown employment;

(e) the reference in paragraph 1(5)(c) of Schedule 9 to a person’s undertaking or any undertaking in which he works shall be construed as a reference to the national interest; and

(f) 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.

(8) Where the terms of employment of a person in Crown employment restrict his right to take part in—

(a) certain political activities; or

(b) activities which may conflict with his official functions,

nothing in section 29 shall require him to be allowed time off work for public duties connected with any such activities.

Textual Amendments

F1 Words in s. 138(1) repealed (30.11.1993) by 1993 c. 19, ss. 49(1), 51, Sch. 7 para. 3(a), Sch.10; S.I. 1993/2503, art. 2(2), Sch.2

F2 Words repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(2), Sch. 11

F3 Words in s. 138(2) repealed (30.11.1993 so far as they relate to s. 138(4)(5) and otherwiseprosp.) by 1993 c. 19, ss. 51, 52, Sch.10; S.I. 1993/2503, art. 2(2), Sch.2

F4 Words repealed with saving by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28(2), Sch. 5 Pt. I

F5 Words substituted by Reserve Forces Act 1980 (c. 9, SIF 7:2), Sch. 9 para. 17

F6 Words in s. 138(4) substituted (30.11.1993 for specified purposes and otherwise 10.6.1994) by 1993 c. 19, s. 49(1), Sch. 7 para. 3; S.I. 1993/2503, art. 2(2), Sch. 2; S.I. 1994/1365, art. 2, Sch.

F7 S. 138(5) repealed (1.4.1991) by National Health and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

Marginal Citations

M1 1980 c. 9.