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Section 16(1).
1 (1) The Employment Protection (Consolidation) Act 1978 is amended as follows.
(2) In section 62 (dismissal in connection with a lock-out, strike or other industrial action), after subsection (4) add—
“(5) The provisions of this section do not apply to an employee who by virtue of section 62A below has no right to complain of unfair dismissal; but nothing in that section affects the question who are relevant employees in relation to an employee to whom the provisions of this section do apply.”.
(3) In section 106 (redundancy: payments by Secretary of State to employee where employer fails to pay), in subsections (2) and (3) for “the fund” substitute “the National Insurance Fund”.
(4) In sections 122(1), 123(1) and 125(4) (insolvency of employer: payments by Secretary of State to or in respect of employees), for “the Redundancy Fund” substitute “the National Insurance Fund”.
(5) In section 156 (payments into the Consolidated Fund)—
(a) in subsections (2) and (3), for “the Redundancy Fund” substitute “the National Insurance Fund”; and
(b) in subsection (3) for “sections 103 to 109” substitute “sections 106 to 108”.
(6) In section 158(2) (reciprocal arrangements with the Isle of Man: financial adjustments) for “the Redundancy Fund” substitute “the National Insurance Fund”.
2 (1) Section 10 of the Trade Union Act 1984 (industrial action taken without support of ballot) is amended as follows.
(2) For subsections (1) and (2) substitute—
“(1) An act done by a trade union to induce a person to take part, or continue to take part, in industrial action is not within section 13 of the 1974 Act (protection from certain liabilities in tort) unless the industrial action has the support of a ballot.”.
(3) In subsection (3), for the words from “an act” to “done with” substitute “industrial action shall be regarded as having”, in paragraph (a) for the words from “strike” to “occurred” substitute “industrial action in question”, and for paragraph (c) substitute—
“(c) the requirements of section 7 of the Employment Act 1990 are satisfied;”.
(4) In subsection (3A), in paragraph (a), for the words from “by an act” to “performance” substitute “to take part, or continue to take part, in industrial action”, in paragraph (b) for the words from “strike” to “interference” substitute “industrial action”, and omit the words “of that breach or interference”.
(5) In subsection (4) omit the words “strike or other”.
(6) In subsection (4A), omit the words “inducing a breach or interference”, and for the words from “in the course of which” to the end substitute “to which the act relates”.
(7) In subsection (5) omit the definitions of “authorisation or endorsement”, “commercial contract”, “contract of employment”, “relevant act” and “tort” and the words from “and any reference” to the end.
3 (1) Section 1 of the Employment Act 1988 (right to a ballot before industrial action) is amended as follows.
(2) In subsection (1), for the words from “that the union” to “continue to take part” substitute “that members of the union, including himself, are likely to be or have been induced by the union to take part or to continue to take part in industrial action which does not have the support of a ballot”.
(3) In subsection (2), for paragraphs (a) to (c) substitute “that the application is well-founded” and omit the words from “(including” to “endorsement)”.
(4) For subsections (3) and (4) substitute—
“(3) For the purposes of this section an act shall be taken to have been done by a trade union if it was authorised or endorsed by the union; and the provisions of subsections (3) to (7) of section 15 of the Employment Act 1982 apply for the purpose of determining whether an act is to be taken to have been so authorised or endorsed.
Those provisions also apply in relation to proceedings for failure to comply with an order under this section as they apply in relation to the original proceedings.”.
(5) In subsection (5) omit the words “an authorisation or endorsement by a trade union of any” and for paragraph (e) substitute—
“(e) the requirements of section 7 of the Employment Act 1990 are satisfied.”.
Section 16(2).
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1975 c. 14. | Social Security Act 1975. | In section 1(1)(b), the words “and into the Redundancy Fund”. |
| In section 122— | ||
| (a) subsection (3)(b); | ||
| (b) subsection (4). | ||
| In section 123, the proviso to subsection (2). | ||
| In section 134— | ||
| (a) in subsection (1), paragraph (b) and the word “and” preceding it; | ||
| (b) in subsection (4), the definition of “appropriate employment protection allocation” and the word “and” preceding it; | ||
| (c) in subsection (5), paragraph (b) and in paragraph (c) the words “and (b)”; | ||
| cont.— | cont.— | (d) subsections (5A) to (5D). |
| In section 167(1)(b), the references to section 134(5A), (5B) and (5C). | ||
| In Schedule 20, the definition of “appropriate employment protection allocation”. | ||
| 1975 c. 71. | Employment Protection Act 1975. | In section 40, subsections (1), (5) and (6). |
| 1978 c. 44. | Employment Protection (Consolidation) Act 1978. | Section 103. |
| Section 105. | ||
| Section 109. | ||
| In section 153(1), the definition of “Redundancy Fund”. | ||
| Section 157(2). | ||
| In Schedule 9, paragraph 3. | ||
| 1980 c. 42. | Employment Act 1980. | Section 17. |
| 1980 c. 48. | Finance Act 1980. | In Schedule 19, in paragraph 5(4), the words “and 103(3)”. |
| 1981 c. 1. | Social Security (Contributions) Act 1981. | Section 4(6). |
| 1981 c. 5. | Redundancy Fund Act 1981. | The whole Act. |
| 1982 c. 2. | Social Security (Contributions) Act 1982. | Section 3(3). |
| In Schedule 1— | ||
| (a) paragraph 1; | ||
| (b) paragraph 2(1). | ||
| 1982 c. 46. | Employment Act 1982. | In section 15— |
| (a) in subsection (6), the words “, notwithstanding subsection (5) above,”; | ||
| (b) in subsection (7), the definition of “official” and “employed official”. | ||
| 1984 c. 49. | Trade Union Act 1984. | In section 10— |
| (a) in subsection (3A), the words “of that breach or interference”; | ||
| (b) in subsection (4), the words “strike or other”; | ||
| (c) in subsection (4A), the words “inducing a breach or interference”; | ||
| (d) in subsection (5), the definitions of “authorisa-tion or endorsement”, “commercial contract”, “contract of employ-ment”, “relevant act” and “tort” and the words from “and any reference” to the end. | ||
| 1985 c. 53. | Social Security Act 1985. | In Schedule 5— |
| (a) paragraph 9(b); | ||
| (b) in paragraph 11(a), the words “and “the appro-priate employment pro-tection allocation” ”. | ||
| 1986 c. 50. | Social Security Act 1986. | In section 74, subsections (3) and (4). |
| In Schedule 10, paragraph 73. | ||
| 1988 c. 19. | Employment Act 1988. | In section 1— |
| (a) in subsection (2), the words from “(including” to “endorsement)”; | ||
| (b) in subsection (5), the words “an authorisation or endorsement by a trade union of any”. | ||
| 1989 c. 24. | Social Security Act 1989. | In section 1— |
| (a) subsection (4); | ||
| (b) in subsection (8), the words “and (i)” and “and “appropriate employment protection allocation”,”. | ||
| In Schedule 8, paragraph 8(1). | ||
| 1989 c. 38. | Employment Act 1989. | In Schedule 6, paragraph 20. |
Employment Act 1990