Part IV Industrial Relations

Chapter IV General

Supplementary provisions

218 Meaning of “trade dispute" in Part IV.

1

In this Part “trade dispute” means a dispute between employers and workers, or between workers and workers, which is connected with one or more of the following matters—

a

terms and conditions of employment, or the physical conditions in which any workers are required to work;

b

engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers;

c

allocation of work or the duties of employment as between workers or groups of workers;

d

matters of discipline;

e

the membership or non-membership of a trade union on the part of a worker;

f

facilities for officials of trade unions; and

g

machinery for negotiation or consultation, and other procedures, relating to any of the foregoing matters, including the recognition by employers or employers’ associations of the right of a trade union to represent workers in any such negotiation or consultation or in the carrying out of such procedures.

2

A dispute between a Minister of the Crown and any workers shall, notwithstanding that he is not the employer of those workers, be treated for the purposes of this Part as a dispute between an employer and those workers if the dispute relates—

a

to matters which have been referred for consideration by a joint body on which, by virtue of any provision made by or under any enactment, that Minister is represented, or

b

to matters which cannot be settled without that Minister exercising a power conferred on him by or under an enactment.

3

There is a trade dispute for the purpose of this Part even though it relates to matters occurring outside Great Britain.

4

A dispute to which a trade union or employer’s association is a party shall be treated for the purposes of this Part as a dispute to which workers or, as the case may be, employers are parties.

5

In this section—

  • “employment” includes any relationship whereby one person personally does work or performs services for another; and

  • “worker”, in relation to a dispute to which an employer is a party, includes any worker even if not employed by that employer.