SCHEDULEMinimum service levels for certain strikes
PART 2Related amendments to the 1992 Act
I13
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
I24
In section 219 (which confers protection from certain tort liabilities), in subsection (4), for the words from “to”, in the first place it occurs, to “industrial action);” substitute
to—
a
sections 222 to 225 (action excluded from protection),
b
section 226 (requirement of ballot before action by trade union),
c
section 234A (requirement of notice to employer of industrial action), and
d
section 234E (work notices: no protection if union fails to take reasonable steps);
I35
In section 234A (notice to employers of industrial action), in subsection (3)—
a
omit the “and” at the end of paragraph (a), and
I46
Before section 235 insert—
Construction of references to contract of employment
I57
In section 235 (construction of references to contract of employment), for the words from “to 234A” to “union)” substitute “to 234G”
.
I68
1
Section 238A (unfair dismissal: participation in official industrial action) is amended as follows.
2
In subsection (2) (circumstances in which employee who took protected industrial action is to be regarded as unfairly dismissed)—
a
omit the “and” at the end of paragraph (a), and
b
after paragraph (a) insert—
aa
where the protected industrial action was a strike relating to the provision of a relevant service, the employee—
i
was not an identified worker in relation to that strike, or
ii
was an identified worker in relation to that strike and did not take part in the strike except to an extent that complied with the work notice, and
3
For subsection (9) (meaning of “date of dismissal”) substitute—
9
In this section—
“date of dismissal” has the meaning given by section 238(5);
“identified worker”, in relation to a strike relating to the provision of a relevant service, means a person who—
- a
is identified in a work notice given in accordance with section 234C relating to the strike, and
- b
before any day on which the work notice requires the person to work, is given by the employer—
- i
notice in writing of the work specified in the work notice as required to be carried out by the person on that day, and
- ii
a statement that, under this section, the person is an identified worker in relation to the strike and must comply with the work notice;
“strike” has the same meaning as in section 234C (see section 234G(2)).
I79
I810
In section 299 (index of defined expressions)—
a
in the entry relating to the meaning of “contract of employment” in sections 226 to 234, for “234” substitute “234G”
;
b
in the entry relating to the meaning of “not protected” in sections 222 to 226, after “226” insert “, 234A and 234E”
;