employee and contract of employment mean a person in Crown employment and the terms of employment of such a person (but subject to subsection (5) below);

dismissal means the termination of Crown employment;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the reference in 182(1)(e) (disclosure of information for collective bargaining: restrictions on general duty) to the employer’s undertaking shall be construed as a reference to the national interest; and

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.

employee and contract of employment include a relevant member of the House of Commons staff and the terms of employment of any such member (but subject to subsection (5) below);

dismissal includes the termination of any such member’s employment;

the reference in F14section 182(1)(e) (disclosure of information for collective bargaining: restrictions on general duty) to the employer’s undertaking shall be construed as a reference to the national interest or, if the case so requires, the interests of the House of Commons; and

any other reference to an undertaking shall be construed as a reference to the House of Commons.

by a F19... F20F21the National Health Service Commissioning Board F22under section 126 of the National Health Service Act 2006 or F23a F24Local Health Board under section F25. . . F2671 or 80 of the National Health Service (Wales) Act 2006 of the M2National Heath Service Act 1977, or

by a Health Board under section F2717C, F28. . . 25, 26, or 27 of the M3National Health Service (Scotland) Act 1978 F29or as a person providing local pharmaceutical services under a pilot scheme F30established under section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006, or under an LPS scheme established under Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006;

in accordance with arrangements made by F33the National Health Service Commissioning Board or a Local Health Board under F34section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006; or

under a contract under F35section 84 or 100 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006 entered into by him with F36the National Health Service Commissioning Board or a Local Health Board,

in accordance with arrangements made by a Health Board under section 17C of the National Health Service (Scotland) Act 1978; or

under a contract under section 17J of that Act entered into by him with a Health Board,

on the expiry of a specific term,

on the completion of a particular task, or

on the occurrence or non-occurrence of any other specific event other than the attainment by the employee of any normal and bona fide retiring age in the establishment for an employee holding the position held by him.

the employer is proposing to dismiss the employee as redundant; and

the dismissal will take effect before the expiry of the specific term, the completion of the particular task or the occurrence or non-occurrence of the specific event (as the case may be).

the ship is registered at a port outside Great Britain, or

the employment is wholly outside Great Britain, or

the employee or, as the case may be, F48the worker or the person seeking employment or seeking to avail himself of a service of an employment agency, is not ordinarily resident in Great Britain.

shall not apply to persons or to employment of such classes as may be prescribed by the order, or

shall apply to persons or employments of such classes as may be prescribed by the order subject to such exceptions and modifications as may be so prescribed,

in the territorial waters of the United Kingdom, or

connected with the exploration of the sea-bed or subsoil, or the exploitation of their natural resources, in the United Kingdom sector of the continental shelf, or

connected with the exploration or exploitation, in a foreign sector of the continental shelf, of a cross-boundary petroleum field.

the provisions of this Act, and

any Northern Ireland legislation making provision for purposes corresponding to any of the purposes of this Act,

may make different provision for different cases;

may make provision for conferring jurisdiction on any court or class of court specified in the Order, or on F50employment tribunals, in respect of offences, causes of action or other matters arising in connection with offshore employment;

may provide that the enactments to which this section applies apply in relation to a person in offshore employment in a part of the areas referred to in subsection (1)(a) and (b);

may exclude from the operation of section 3 of the M4Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under the enactments to which this section applies in connection with offshore employment;

may provide that such proceedings shall not be brought without such consent as may be required by the Order;

may modify or exclude any of sections 281 to 285 (excluded classes of employment) or any corresponding provision of Northern Ireland legislation.

to exclude or limit the operation of any provision of this Act, or

the agreement must be in writing;

the agreement must relate to the particular F58proceedings;

the complainant must have received F59advice from a relevant independent adviser as to the terms and effect of the proposed agreement and in particular its effect on his ability to pursue his rights before an F52employment tribunal;

there must be in force, when the adviser gives the advice, a F60contract of insurance, or an indemnity provided for members of a profession or professional body, covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice;

the agreement must identify the adviser; and

the agreement must state that the conditions regulating F57 settlement agreements under this Act are satisfied.

to such an agreement as is referred to in section 185(5)(b) or (c) to the extent that it varies or supersedes an award under that section;

to any provision in a collective agreement excluding rights under Chapter II of Part IV (procedure for handling redundancies), if an order under section 198 is in force in respect of it.

if he is a qualified lawyer,

if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union,

if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or

if he is a person of a description specified in an order made by the Secretary of State.

if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party,

in the case of a person within subsection (4)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party,

in the case of a person within subsection (4)(c), if the complainant makes a payment for the advice received from him, or

in the case of a person of a description specified in an order under subsection (4)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.

as respects England and Wales, F62a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and

as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.

if one is a company of which the other (directly or indirectly) has control, or

if both are companies of which a third person (directly or indirectly) has control.

shall be regarded for those purposes as neither being nor including such an agreement in any other case.

F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

sections 168 to 173 (time off for trade union duties and activities);

sections 188 to 198 (procedure for handling redundancies).

a person authorised by the employee F70or worker to act in connection with the proceedings before his death, or

the widower, widow, F72surviving civil partner, child, father, mother, brother or sister of the employee F70or worker.

for securing that acts, omission and events having any effect for the purposes of the Northern Ireland legislation have a corresponding effect for the purposes of the relevant provisions of this Act (but not so as to confer a right to double payment in respect of the same act, omission or event, and

for determining, in cases where rights accrue both under the relevant provisions of this Act and under the Northern Ireland legislation, which of this rights is available to the person concerned.

under a contract of employment, or

under any other contract whereby he undertakes to do or perform personally any work or services for another party to the contract who is not a professional client of his, or

in employment under or for the purposes of a government department (otherwise than as a member of the naval, military or air forces of the Crown) in so far as such employment does not fall within paragraph (a) or (b) above.

sections 13 and 14 (provisions as to property held in trust for trade union), and section 129 (application of provisions to employers’ associations) so far as it applies those sections;

Chapter VI of Part I (application of funds for political objects), except sections 86 to 88 (duties of employer who deducts union contributions), for the purposes of the application of that Chapter to trade unions or unincorporated employers’ associations having their head or main office outside Northern Ireland;

section 287 (offshore employment);

section 294 (reciprocal arrangements with Northern Ireland);

Schedule 1 (repeals) so far as it relates to enactments which extend to Northern Ireland, other than the M8Conspiracy and Protection of Property Act 1875;

Schedules 2 and 3 (consequential amendments, transitional provisions and savings), so far as they relate to enactments which extend to Northern Ireland;