Part VII Miscellaneous and general
Excluded classes of employment
F1281. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
282 Short-term employment.
1
The provisions of Chapter II of Part IV (procedure for handling redundancies) do not apply to employment—
a
under a contract for a fixed term of three months or less, or
b
under a contract made in contemplation of the performance of a specific task which is not expected to last for more than three months,
where the employee has not been continuously employed for a period of more than three months.
F22
Chapter I of Part XIV of the Employment Rights Act 1996 (computation of period of continuous employment), and any provision modifying or supplementing that Chapter for the purposes of that Act, apply for the purposes of this section.
F3283. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
284 Share fishermen.
The following provisions of this Act do not apply to employment as master or as member of the crew of a fishing vessel where the employee is remunerated only by a share in the profits or gross earnings of the vessel—
In Part III (rights in relation to trade union membership and activities)—
sections 137 to 143 (access to employment),
sections 146 to 151 (action short of dismissal), and
sections 168 to 173 (time off for trade union duties and activities;
In Part IV, Chapter II (procedure for handling redundancies).
285 Employment outside Great Britain.
1
The following provisions of this Act do not apply to employment where under his contract of employment an employee works, or in the case of a prospective employee would ordinarily work, outside Great Britain—
In Part III (rights in relation to trade union membership and activities)—
sections 137 to 143 (access to employment),
sections 146 to 151 (action short of dismissal), and
sections 168 to 173 (time off for trade union duties and activities;
In Part IV, F4sections 193 and 194 (duty to notify Secretary of State of certain redundancies).
2
For the purposes of subsection (1) employment on board a ship registered in the United Kingdom shall be treated as employment where under his contract a person ordinarily works in Great Britain unless—
a
the ship is registered at a port outside Great Britain, or
b
the employment is wholly outside Great Britain, or
c
the employee or, as the case may be, the person seeking employment or seeking to avail himself of a service of an employment agency, is not ordinarily resident in Great Britain.
286 Power to make further provision as to excluded classes of employment.
1
This section applies in relation to the following provisions—
In Part III (rights in relation to trade union membership and activities), sections 146 to 151 (action short of dismissal),
In Part IV, Chapter II (procedure for handling redundancies), and
In Part V (industrial action), section 237 (dismissal of those taking part in unofficial industrial action).
2
The Secretary of State may by order made by statutory instrument provide that any of those provisions—
a
shall not apply to persons or to employment of such classes as may be prescribed by the order, or
b
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,
and may vary or revoke any of the provisions of sections 281 to 285 above (excluded classes of employment) so far as they relate to any such provision.
3
Any such order shall be made by statutory instrument and may contains such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.
4
No such order shall be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.