The provisions of this Act have effect (except as mentioned below) in relation to Crown employment and persons in Crown employment as in relation to other employment and other workers or employees.

The following provisions are excepted from subsection (1)—

• section 87(3) (power of court to make order in respect of employer’s failure to comply with duties as to union contributions);

• sections 184 and 185 (remedy for failure to comply with declaration as to disclosure of information);

• Chapter II of Part IV (procedure for handling redundancies).

In this section “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 an enactment.

Sections 137 to 143 (rights in relation to trade union membership: access to employment) apply in relation to Crown employment otherwise than under a contract only where the terms of employment correspond to those of a contract of employment.

This section has effect subject to section 274 (armed forces) and section 275 (exemption on grounds of national security).

Section 273 (application of Act to Crown employment) does not apply to service as a member of the naval, military or air forces of the Crown.

But that section applies to employment by an association established for the purposes of Part VI of the [1980 c. 9.] Reserve Forces Act 1980 (territorial, auxiliary and reserve forces associations) as it applies to employment for the purposes of a government department.

Section 273 (application of Act to Crown employment) does not apply to employment in respect of which there is in force 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 that section for the purpose of safeguarding national security.

A document purporting to be such a certificate shall, unless the contrary is proved, be deemed to be such a certificate.

Section 138 (refusal of service of employment agency on grounds related to union membership), and the other provisions of Part III applying in relation to that section, bind the Crown so far as they relate to the activities of an employment agency in relation to employment to which those provisions apply.

Sections 144 and 145 (prohibition of union membership requirements) and sections 186 and 187 (prohibition of union recognition requirements) bind the Crown.

Sections 137 to 143 (rights in relation to trade union membership: access to employment) apply in relation to employment as a relevant member of the House of Lords staff as in relation to other employment.

Nothing in any rule of law or the law or practice of Parliament prevents a person from bringing before an industrial tribunal proceedings of any description under those sections which could be brought before such a tribunal in relation to other employment.

A “relevant member of the House of Lords staff” means a member of the House of Lords staff appointed by the Clerk of the Parliaments or the Gentleman Usher of the Black Rod.

In relation to employment as such a member references to employment include employment otherwise than under a contract if the terms of that employment correspond to those of a contract of employment; and related expressions shall be construed accordingly.

For the purposes of sections 137 to 143 the holder for the time being of the office of Clerk of the Parliaments or Gentleman Usher of the Black Rod is the employer in relation to employment to which a person is appointed by the holder of that office; and anything done, before or after he took office, in relation to a person seeking such employment shall be treated as done by him.

If the House of Lords resolves at any time that any provision of subsection (3) or (5) should be amended in its application to any employment as a member of the staff of that House, Her Majesty may by Order in Council amend that provision accordingly.

The provisions of this Act (except those specified below) apply in relation to employment as a relevant member of the House of Commons staff as in relation to other employment.

The following provisions are excepted from subsection (1)—

• sections 184 and 185 (remedy for failure to comply with declaration as to disclosure of information),

• Chapter II of Part IV (procedure for handling redundancies).

In this section “relevant member of the House of Commons staff” has the same meaning as in section 139 of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978.

Sections 137 to 143 (access to employment) apply by virtue of this section in relation to employment otherwise than under a contract only where the terms of employment correspond to those of a contract of employment.

Subsections (4) to (9) of section 139 of the Employment Protection (Consolidation) Act 1978 (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of this section.

In this Act “employee” or “worker” does not include a person in police service; and the provisions of sections 137 and 138 (rights in relation to trade union membership: access to employment) do not apply in relation to police service.

“Police service” means service as a member of any constabulary maintained by virtue of an enactment, or in any other capacity by virtue of which a person has the powers or privileges of a constable.

Sections 168 and 170 (time off for trade union duties and activities) do not apply to employment under a contract which normally involves employment for less than sixteen hours weekly.

If the employee’s relations with his employer cease to be governed by a contract which normally involve work for sixteen hours or more weekly and become governed by a contract which normally involves employment for eight hours or more, but less than sixteen hours, weekly, the employee shall nevertheless for a period of 26 weeks be treated for the purposes of this section as if his contract normally involved employment for sixteen hours or more weekly.

An employee whose relations with his employer are governed by a contract of employment which normally involves employment for eight hours or more, but less than sixteen hours, weekly shall nevertheless, if he had been continuously employed for a period of five years or more be treated for the purposes of this section as if his contract normally involved employment for sixteen hours or more weekly.

Section 151 of and Schedule 13 to the Employment Protection (Consolidation) Act 1978 (computation of period of continuous employment), and any provision modifying or supplementing that section or Schedule for the purposes of that Act, apply for the purposes of this section; and references in this section to weeks are to weeks within the meaning of that Schedule.

An employee’s normal working hours for the purposes of this section shall be calculated in accordance with Part I of Schedule 14 to that Act.

Section 151 of and Schedule 13 to the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (computation of period of continuous employment), and any provision modifying or supplementing that section or Schedule for the purposes of that Act, apply for the purposes of this section.

The provisions of Chapter II of Part IV (procedure for handling redundancies) do not apply to employment as a merchant seaman.

For this purpose employment as a merchant seaman means employment as master or as a member of the crew of a sea-going ship, including an apprentice or trainee employed on any such ship and employment as a radio officer on such a ship.

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, Chapter II (procedure for handling redundancies).

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).

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.

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.

Any jurisdiction conferred on a court or tribunal under this section is without prejudice to jurisdiction exercisable apart from this section, by that or any other court or tribunal.

In this section—

• “cross-boundary petroleum field” means a petroleum field that extends across the boundary between the United Kingdom sector of the continental shelf and a foreign sector;

• “foreign sector of the continental shelf” means an area outside the territorial waters of any state, within which rights with respect to the sea-bed and subsoil and their natural resources are exercisable by a state other than the United Kingdom;

• “petroleum field” means a geological structure identified as an oil or gas field by the Order in Council concerned; and

• “United Kingdom sector of the continental shelf” means the areas designated under section 1(7) of the [1964 c. 29.] Continental Shelf Act 1964.

An appeal lies to the Employment Appeal Tribunal on any question of law or fact arising from a decision of, or arising in proceedings before, an industrial tribunal under section 174 (right not to be unreasonably excluded or expelled from trade union).

An appeal lies to the Employment Appeal Tribunal on any question of law arising from a decision of, or arising in proceedings before, an industrial tribunal under any other provision of this Act.

No other appeal lies from a decision of an industrial tribunal under this Act; and section 11 of the [1992 c. 53.] Tribunals and Inquiries Act 1992 (appeals from certain tribunals to High Court or Court of Session) does not apply to proceedings before an industrial tribunal under this Act.

Where the employee or employer dies, tribunal proceedings may be instituted or continued by a personal representative of the deceased employee or, as the case may be, defended by a personal representative of the deceased employer.

Any right arising under any of the provisions mentioned in subsection (1) which by virtue of this section accrues after the death of the employee in question shall devolve as if it had accrued before his death.

Any liability arising under any of those provisions which by virtue of this section accrues after the death of the employer in question shall be treated for all purposes as if it had accrued immediately before his death.

The Secretary of State may by regulations prescribe anything authorised or required to be prescribed for the purposes of this Act.

The regulations may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.

Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

If provision is made by Northern Ireland legislation for purposes corresponding to the purposes of any provision of this Act re-enacting a provision of the [1975 c. 71.] Employment Protection Act 1975 or the [1978 c. 44.] Employment Protection (Consolidation) Act 1978, the Secretary of State may, with the consent of the Treasury, make reciprocal arrangements with the appropriate Northern Ireland authority for co-ordinating the relevant provisions of this Act with the corresponding Northern Ireland provisions so as to secure that they operate, to such extent as may be provided by the arrangements, as a single system.

The Secretary of State may make regulations for giving effect to any such arrangements.

The regulations may make different provision for different cases and may contain such supplementary, incidental and transitional provisions as appear to the Secretary of State to be necessary or expedient.

In this section “the appropriate Northern Ireland authority” means such authority as is specified in that behalf in the Northern Ireland legislation.

Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In this Act—

• “contract of employment” means a contract of service or of apprenticeship,

• “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment, and

• “employer”, in relation to an employee, means the person by whom the employee is (or, where the employment has ceased, was) employed.

Subsection (1) has effect subject to section 235 and other provisions conferring a wider meaning on “contract of employment” or related expressions.

In this Act “employer”, in relation to a worker, means a person for whom one or more workers work, or have worked or normally work or seek to work.

The enactments specified in Schedule 1 are repealed to the extent specified.

The enactments specified in Schedule 2 are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.

Schedule 3 contains transitional provisions and savings.

This Act extends to England and Wales and Scotland.

Subsection (2)(b) does not affect the operation of Article 67(3) to (5) of the [S.I. 1992/807 (N.I. 5)] Industrial Relations (Northern Ireland) Order 1992 (application of Northern Ireland law to contributions by members in Northern Ireland); and the closing words of that subsection do not affect the operation in relation to persons or property in Northern Ireland of any provision of Chapter VII of Part I (amalgamations and similar matters) which is capable of so applying as part of the law of England and Wales or Scotland.