Employment Protection (Consolidation) Act 1978

5 Exclusion of certain contracts in writing. E+W+S

[F1 (1)] Sections 1 and 4 shall not apply to an employee if and so long as the following conditions are fulfilled in relation to him, that is to say—

(a) the employee’s contract of employment is a contract which has been reduced to writing in one or more documents and which contains express terms affording the particulars to be given under each of the paragraphs in subsections (3) of section 1, and under each head of paragraph (d) of that subsection;

(b) there has been given to the employee a copy of the contract (with any variations made from time to time), or he has reasonable opportunities of reading such a copy in the course of his employment, or such a copy is made reasonably accessible to him in some other way; and

(c) such a note as is mentioned in section 1(4) has been given to the employee or he has reasonable opportunities of reading such a note in the course of his employment or such a note is made reasonably accessible to him in some other way:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

[F3 (2) If on the date when the employee’s employment began the relevant number of employees was less than twenty, any reference in subsection (1)(c) to such a note as is there mentioned shall be construed as including a reference to such a note as is mentioned in section 1(4) as it has effect with the omission of the provisions specified in section 2A(1)(a) to (c).

(3) In subsection (2) “the relevant number of employees” has the meaning given by section 2A(2).]

Textual Amendments

F1 S. 5(1) renumbered from s. 5 by Employment Act 1989 (c. 38, SIF 43:1), ss. 13(5), 29(6), Sch. 9 para. 4(1) (subject to a saving in S.I. 1990/189, art. 3)

F2 S. 5 proviso repealed by Employment Act 1982 (c.46, SIF 43:5), Sch. 4

F3 S. 5(2)(3) added (subject to a saving in S.I. 1990/189, art. 3) by Employment Act 1989 (c. 38, SIF 43:1), ss. 13(5), 29(6), Sch. 9 para. 4(1)