Employment Act 1980

Section 20.

SCHEDULE 1 U.K. Minor and Consequential Amendments

Modifications etc. (not altering text)

C1 The text of Sch. 1 is in the form in which it was originally enacted: it was not reproduced in the Statutes in Force and, except as specified, does not reflect any amendments or repeals that may have been made prior to 1.2.1991

The Post Office Act 1969. E+W+S

1 In section 81(1) of the M1 Post Office Act 1969 (exclusion of road haulage workers employed by the Post Office from the workers in relation to whom wages councils may operate) the words from the beginning to “the Road Haulage Wages Act 1938 ; and” shall cease to have effect.

Marginal Citations

M1 1969 c. 48.

The Trade Union and Labour Relations Act 1974 E+W+S

F1 2 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 para. 2 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

F2 3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 1 para. 3 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

The M2 Employment Protection Act 1975 U.K.

Marginal Citations

M2 1975 c. 71.

F3 4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 1 para. 4 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

F4 5 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 1 para. 5 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

F5 6 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 1 para. 6 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1

F6 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 1 para. 7 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

The Employment Protection (Consolidation) Act 1978 E+W+S

8 In section 15(5) of the 1978 Act, for the words “relevant periods” there shall be substituted the words “ length of the period ”.

9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 1 para. 9 repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. III

F8 10 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 1 para. 10 repealed (30.8.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1993/1908, art. 2(1), Sch.1.

11 In section 56 of the 1978 Act, after the word “then” there shall be inserted the words “ subject to section 56A ”.

12 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Sch. 1 paras. 12, 14 repealed by Employment Act 1982 (c. 46, SIF 43:5), s. 21(3), Sch. 4

13 In section 66 of the 1978 Act (revocation of exclusion orders under section 65)—

(a) subsection (1) shall cease to have effect ; and

(b) in subsection (2) for the words from “on” to “satisfied” there shall be substituted the words “at any time when an order under section 65 is in force in respect of a dismissal proceedures agreement the Secretary of State is satisfied, whether on an application by any of the parties to the agreement or otherwise,”

14 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Sch. 1 paras. 12, 14 repealed by Employment Act 1982 (c. 46, SIF 43:5), s. 21(3), Sch. 4

15 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11 Sch. 1 para.15 repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235(3), Sch. 10 Pt. IV

16 In section 128(4) of the 1978 Act, after the word “references” there shall be inserted the word “ applications ”.

17 In section 133(1) of the 1978 Act, in paragraph (a) after “31” there shall be inserted “ 31A ”, F12 . . .

Textual Amendments

F12 Words in Sch. 1 para. 17 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1

18 In section 134 of the 1978 Act, for subsection (3) there shall be substituted—

“(3) Where—

(a) a person claims that action has been taken in respect of which a complaint could be presented by him under section 67, and

(b) before any complaint relating to that action has been so presented, a request is made to the conciliation officer (whether by that person or by the employer) to make his services available to them,

the conciliation officer shall act in accordance with subsections (1) and (2) above as if a complaint had been presented.”

F13 19 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 1 para. 19 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1

20 In section 140 of the 1978 Act (restrictions on contracting out of the 1978 Act) subsection (2)(b) shall cease to have effect.

F14 21 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 1 para. 21(a) repealed (30.8.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1993/1908, art. 2(1), Sch.1 and para. 21(b) repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

22 In section 154 of the 1978 Act (orders, rules and regulations)—

(a) in subsection (1) the words “or an order under section 65 or 66” shall cease to have effect ; and

(b) in subsection (4) for the words from “section 96” to the end there shall be substituted the words “ section 65, 66 and 96 ”.

23 In the subsection set out in paragraph 2(1) of Schedule 2 to the 1978 Act, for the words from “the employer can” to the end there shall be substituted the words “ in the circumstances (including the size and administrative resources of the employer’s undertaking) the employer would have been acting reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee if she had not been absent from work ; and that question shall be determined in accordance with equity and the substantial merits of the case ”

F15 24 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Sch. 1 para. 24 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

25 In paragraph 5 of Schedule 3 to the 1978 Act, for the words “or31” there shall be substituted the words “ 31 or 31A ”.

26 In paragraph 1(2)(a) of Schedule 9 to the 1978 Act, after the word “question” there shall be inserted the word “ application ”.

27 In paragraph 7 of Schedule 9 to the 1978 Act, for sub-paragraph (2) there shall be substituted—

“(2) Any order for the payment of any sum made by an industrial tribunal in Scotland (or any copy of such an order certified by the Secretary of the Tribunals) may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the Sheriff Court of any Sheriffdom in Scotland.”

28 In paragraph 18 of Schedule 11 to the 1978 Act, after sub-paragraph (a) there shall be inserted—

“(aa) with respect to the manner in which an application to the Appeal Tribunal under the Employment Act 1980 may be made;”

and after sub-paragraph (c) there shall be inserted

“(d) for the registration and proof of any award made on an application to the Appeal Tribunal under section 5 of the Employment Act 1980.”.

29 After paragraph 21 of Schedule 11 to the 1978 Act there shall be inserted—

“21A (1) Any sum payable in England and Wales in pursuance of an award of the Appeal Tribunal under section 5 of the Employment Act 1980 which has been registered in accordance with the rules shall, if a county court so orders, be recoverable by execution issued from the county court or otherwise as if it were payable under a order of that court.

(2) Any order by the Appeal Tribunal for the payment in Scotland of any sum in pursuance of such an award (or any copy of such an order certified by the Secretary of the Tribunlas) may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the Sheriff Court of ant Sheriffdom in Scotland.”

30 E+W+S [F16 In paragraph 23(1) of Schedule 11 of the 1978 Act, for the words from “section 14” to “those provisions” there shall be substituted the words “ sections 31 and 32 of the Powers of Criminal Courts Act 1973 (powers of Crown Court in relation to fines and forfeited recognisances) shall have effect as if ”.]

Textual Amendments

F16 Sch. 1 para. 30 repealed (E.W.) by Contempt of Court Act 1981 (c. 49, SIF 39:3), s. 16(6)

31 In paragraph 10 of Schedule 13 to the 1978 Act, for the words “section 47” there shall be substituted the words “ section 45(1) or in pursuance of an offer made in the circumstances described in section 56A(2) ”.

F17 32 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 S. 32 repealed (30.8.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1908, art. 2(1), Sch.1.

33 In paragraph 7(1) of Schedule 14 to the 1978 Act, after paragraph (c) there shall be inserted—

“(cc) where the calculation is for the purposes of section 31A the day of the appointment concerned ;”.

Section 20.

SCHEDULE 2 E+W+S Repeals

Modifications etc. (not altering text)

C2 The text of Sch. 2 is in the form in which it was originally enacted; it was not reproduced in Statutes in Force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991

Chapter	Short title	Extent of repeal
1 & 2 Geo. 6. c. 44.	The Road Haulage Wages Act 1938.	The whole Act.
12, 13 & 14 Geo. 6. c. 7.	The Wages Council Act 1948.	In section 1(1)(c), the words from “Parts II and III” to the end and Schedule 1.
1968 c. 73.	The Transport Act 1968.	Section 69(4)(d).
		So much of Schedules 10 and 11 as amends the Road Haulage Wages Act 1938.
1969 c. 35.	The Transport (London) Act 1969.	In Schedule 3, paragraph 1(2)(a).
1969 c. 48.	The Post Office Act 1969.	In section 81, in subsection (1), the words from the beginning to “the Road Haulage Wages Act 1938; and”, and subsection (2).
1972 c. 68.	The European Communities Act 1972.	In paragraph 9(4) of Schedule 4, the words from the beginning to “1938” and the words from “after” to “Part VI; and”.
1974 c. 52.	The Trade Union and Labour Relations Act 1974.	Section 1A.
		Section 13(3).
		In Schedule 1, in paragraph 32(1), the words from “Except” to “below”, and paragraph 32(2).
		In Schedule 3, paragraph 4.
1975 c. 18.	The Social Security (Consequential Provisions) Act 1975.	In Schedule 2, paragraph 4.
1975 c. 60.	The Social Security Pensions Act 1975.	Section 31(9).
1975 c. 71.	The Employment Protection Act 1975.	Sections 11 to 16.
		In section 17(2), paragraph (b) and the word “or” immediately preceding it.
		In section 21(5), paragraph (b) and the word immediately preceding it.
		Section 98.
		Section 106(1).
		In section 118(2)(d), the words “16(7)(b) or (c) or”, the words from “or paragraph” to “this Act” the words “16 or” and the words from “or, as” to the end.
		In section 121(1), the reference to section 16.
		In section 127(1)(g), the words “in paragraphs (a) to (f)”.
		Schedule 11.
		In Part IV of Schedule 16, paragraphs 4 and 17.
		In Schedule 17, paragraph 13.
1976 c. 3.	The Road Traffic (Drivers Ages and Hours of Work) Act 1976.	In section 2(3), the words from “the following” to “1938” and the word “and”.
1976 c. 7.	The Trade Union and Labour Relations (Amendment) Act 1976.	Section 2.
1976 c. 79.	The Dock Work Regulation Act 1976.	In section 15(1), in the definition of “recognised”, the words from “and a union” to the end.
1977 c. 3.	The Aircraft and Shipbuilding Industries Act 1977.	In section 56(1), in the definition of “relevant trade union”, the words from “or as” to the end.
1978 c. 36.	The House of Commons (Administration) Act 1978.	In Schedule 1, in paragraph 5(6), the words “Part IV of”.
1978 c. 44.	The Employment Protection (Consolidation) Act 1978.	In section 23, in subsection (1)(c), the words “which is not independent” and subsections (3) to (6).
		In section 25(1), paragraph (b) and the word “and” immediately preceding it.
		In section 32(1)(a), the words “not only” and the words from “but” to “1975”.
		In section 33(3), the word “and” at the end of paragraph (b).
		Section 58(4).
		Section 66(1).
		Section 73(1)(c) and (8).
		Section 97.
		In section 135(1), the words from “for the purpose” to the end.
		Section 140(2)(b).
		In section 154(1), the words “or an order under section 65 or 66”.
		In Schedule 6, in paragraph 12(2)(b), sub-paragraph (ii) and the word “or” immediately preceding it.
1979 c. 12.	The Wages Councils Act 1979.	In Schedule 6, paragraph 1.