Office of Public Sector Information
PART IV continued CHAPTER II continued
(1) In this Chapter, references to redundancy or to being redundant, in relation to an employee, are references to—
(a) the fact that the employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee is or was employed by him, or has ceased, or intends to cease, to carry on that business in the place where the employee is or was so employed, or
(b) the fact that the requirements of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where he is or was so employed, have ceased or diminished or are expected to cease or diminish.
(2) In subsection (1)—
“business” includes a trade or profession and includes any activity carried on by a body of persons, whether corporate or unincorporate; and
“cease” means cease either permanently or temporarily and from whatever cause, and “diminish” has a corresponding meaning.
(3) For the purposes of any proceedings under this Chapter, the dismissal or proposed dismissal of an employee shall be presumed, unless the contrary is proved, to be by reason of redundancy.
References in this Chapter to a trade union representative, in relation to an employer, are to an official or other person authorised by the trade union to carry on collective bargaining with that employer.
(1) The Secretary of State may by order made by statutory instrument vary—
(a) the provisions of sections 188(2) and 193(1) (requirements as to consultation and notification), and
(b) the periods referred to at the end of section 189(4) (maximum protected period);
but no such order shall be made which has the effect of reducing to less than 30 days the periods referred to in sections 188(2) and 193(1) as the periods which must elapse before the first of the dismissals takes effect.
(2) 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.
(1) This section applies where there is in force a collective agreement which establishes—
(a) arrangements for providing alternative employment for employees to whom the agreement relates if they are dismissed as redundant by an employer to whom it relates, or
(b) arrangements for the handling of redundancies.
(2) On the application of all the parties to the agreement the Secretary of State may, if he is satisfied having regard to the provisions of the agreement that the arrangements are on the whole at least as favourable to those employees as the foregoing provisions of this Chapter, by order made by statutory instrument adapt, modify or exclude any of those provisions both in their application to all or any of those employees and in their application to any other employees of any such employer.
(3) The Secretary of State shall not make such an order unless the agreement—
(a) provides for procedures to be followed (whether by arbitration or otherwise) in cases where an employee to whom the agreement relates claims that any employer or other person to whom it relates has not complied with the provisions of the agreement, and
(b) provides that those procedures include a right to arbitration or adjudication by an independent referee or body in cases where (by reason of an equality of votes or otherwise) a decision cannot otherwise be reached,
or indicates that any such employee may present a complaint to an industrial tribunal that any such employer or other person has not complied with those provisions.
(4) An order under this section may confer on an industrial tribunal to whom a complaint is presented as mentioned in subsection (3) such powers and duties as the Secretary of State considers appropriate.
(5) An order under this section may be varied or revoked by a subsequent order thereunder either in pursuance of an application made by all or any of the parties to the agreement in question or without any such application.
(1) ACAS may issue Codes of Practice containing such practical guidance as it thinks fit for the purpose of promoting the improvement of industrial relations.
(2) In particular, ACAS shall in one or more Codes of Practice provide practical guidance on the following matters—
(a) the time off to be permitted by an employer to a trade union official in accordance with section 168 (time off for carrying out trade union duties);
(b) the time off to be permitted by an employer to a trade union member in accordance with section 170 (time off for trade union activities); and
(c) the information to be disclosed by employers to trade union representatives in accordance with sections 181 and 182 (disclosure of information for purposes of collective bargaining).
(3) The guidance mentioned in subsection (2)(a) shall include guidance on the circumstances in which a trade union official is to be permitted to take time off under section 168 in respect of duties connected with industrial action; and the guidance mentioned in subsection (2)(b) shall include guidance on the question whether, and the circumstances in which, a trade union member is to be permitted to take time off under section 170 for trade union activities connected with industrial action.
(4) ACAS may from time to time revise the whole or any part of a Code of Practice issued by it and issue that revised Code.
(1) Where ACAS proposes to issue a Code of Practice, or a revised Code, it shall prepare and publish a draft of the Code, shall consider any representations made to it about the draft and may modify the draft accordingly.
(2) If ACAS determines to proceed with the draft, it shall transmit the draft to the Secretary of State who—
(a) if he approves of it, shall lay it before both Houses of Parliament, and
(b) if he does not approve of it, shall publish details of his reasons for withholding approval.
(3) A Code containing practical guidance on any of the matters referred to in section 199(2) shall not be issued unless the draft has been approved by a resolution of each House of Parliament; and if it is so approved, ACAS shall issue the Code in the form of the draft.
(4) In any other case the following procedure applies—
(a) if, within the period of 40 days beginning with the day on which the draft is laid before Parliament, (or, if copies are laid before the two Houses on different days, with the later of the two days) either House so resolves, no further proceedings shall be taken thereon, but without prejudice to the laying before Parliament of a new draft;
(b) if no such resolution is passed, ACAS shall issue the Code in the form of the draft.
In reckoning the period of 40 days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(5) A Code issued in accordance with this section shall come into effect on such day as the Secretary of State may appoint by order made by statutory instrument.
The order may contain such transitional provisions or savings as appear to him to be necessary or expedient.
(1) A Code of Practice issued by ACAS may be revised by it in accordance with this section for the purpose of bringing it into conformity with subsequent statutory provisions by the making of consequential amendments and the omission of obsolete passages.
“Subsequent statutory provisions” means provisions made by or under an Act of Parliament and coming into force after the Code was issued (whether before or after the commencement of this Act).
(2) Where ACAS proposes to revise a Code under this section, it shall transmit a draft of the revised Code to the Secretary of State who—
(a) if he approves of it, shall lay the draft before each House of Parliament, and
(b) if he does not approve of it, shall publish details of his reasons for withholding approval.
(3) If, within the period of 40 days beginning with the day on which the draft is laid before Parliament, (or, if copies are laid before the two Houses on different days, with the later of the two days) either House so resolves, no further proceedings shall be taken thereon, but without prejudice to the laying before Parliament of a new draft.
In reckoning the period of 40 days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(4) If no such resolution is passed ACAS shall issue the Code in the form of the draft and it shall come into effect on such day as the Secretary of State may appoint by order made by statutory instrument.
The order may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient.
(1) A Code of Practice issued by ACAS may, at the request of ACAS, be revoked by the Secretary of State by order made by statutory instrument.
The order may contain such transitional provisions and savings as appear to him to be appropriate.
(2) If ACAS requests the Secretary of State to revoke a Code and he decides not to do so, he shall publish details of his reasons for his decision.
(3) An order shall not be made under this section unless a draft of it has been laid before and approved by resolution of each House of Parliament.
(1) The Secretary of State may issue Codes of Practice containing such practical guidance as he thinks fit for the purpose—
(a) of promoting the improvement of industrial relations, or
(b) of promoting what appear to him to be to be desirable practices in relation to the conduct by trade unions of ballots and elections.
(2) The Secretary of State may from time to time revise the whole or any part of a Code of Practice issued by him and issue that revised Code.
(1) When the Secretary of State proposes to issue a Code of Practice, or a revised Code, he shall after consultation with ACAS prepare and publish a draft of the Code, shall consider any representations made to him about the draft and may modify the draft accordingly.
(2) If he determines to proceed with the draft, he shall lay it before both Houses of Parliament and, if it is approved by resolution of each House, shall issue the Code in the form of the draft.
(3) A Code issued under this section shall come into effect on such day as the Secretary of State may by order appoint.
The order may contain such transitional provisions or savings as appear to him to be necessary or expedient.
(4) An order under subsection (3) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) A Code of Practice issued by the Secretary of State may be revised by him in accordance with this section for the purpose of bringing it into conformity with subsequent statutory provisions by the making of consequential amendments and the omission of obsolete passages.
“Subsequent statutory provisions” means provisions made by or under an Act of Parliament and coming into force after the Code was issued (whether before or after the commencement of this Act).
(2) Where the Secretary of State proposes to revise a Code under this section, he shall lay a draft of the revised Code before each House of Parliament.
(3) If within the period of 40 days beginning with the day on which the draft is laid before Parliament, or, if copies are laid before the two Houses on different days, with the later of the two days, either House so resolves, no further proceedings shall be taken thereon, but without prejudice to the laying before Parliament of a new draft.
In reckoning the period of 40 days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(4) If no such resolution is passed the Secretary of State shall issue the Code in the form of the draft and it shall come into effect on such day as he may appoint by order made by statutory instrument.
The order may contain such transitional provisions and savings as appear to him to be appropriate.
(1) A Code of Practice issued by the Secretary of State may be revoked by him by order made by statutory instrument.
The order may contain such transitional provisions and savings as appear to him to be appropriate.
(2) An order shall not be made under this section unless a draft of it has been laid before and approved by resolution of each House of Parliament.
(1) A failure on the part of any person to observe any provision of a Code of Practice issued under this Chapter shall not of itself render him liable to any proceedings.
(2) In any proceedings before an industrial tribunal or the Central Arbitration Committee any Code of Practice issued under this Chapter by ACAS shall be admissible in evidence, and any provision of the Code which appears to the tribunal or Committee to be relevant to any question arising in the proceedings shall be taken into account in determining that question.
(3) In any proceedings before a court or industrial tribunal or the Central Arbitration Committee any Code of Practice issued under this Chapter by the Secretary of State shall be admissible in evidence, and any provision of the Code which appears to the court, tribunal or Committee to be relevant to any question arising in the proceedings shall be taken into account in determining that question.
(1) If ACAS is of the opinion that the provisions of a Code of Practice to be issued by it under this Chapter will supersede the whole or part of a Code previously issued under this Chapter, by it or by the Secretary of State, it shall in the new Code state that on the day on which the new Code comes into effect the old Code or a specified part of it shall cease to have effect.
(2) If the Secretary of State is of the opinion that the provisions of a Code of Practice to be issued by him under this Chapter will supersede the whole or part of a Code previously issued under this Chapter by him or by ACAS, he shall in the new Code state that on the day on which the new Code comes into effect the old Code or a specified part of it shall cease to have effect.
(3) The above provisions do not affect any transitional provisions or savings made by the order bringing the new Code into effect.
It is the general duty of ACAS to promote the improvement of industrial relations, and in particular to encourage the extension of collective bargaining and the development and, where necessary, reform of collective bargaining machinery.
(1) Where a trade dispute exists or is apprehended ACAS may, at the request of one or more parties to the dispute or otherwise, offer the parties to the dispute its assistance with a view to bringing about a settlement.
(2) The assistance may be by way of conciliation or by other means, and may include the appointment of a person other than an officer or servant of ACAS to offer assistance to the parties to the dispute with a view to bringing about a settlement.
(3) In exercising its functions under this section ACAS shall have regard to the desirability of encouraging the parties to a dispute to use any appropriate agreed procedures for negotiation or the settlement of disputes.
(1) ACAS shall designate some of its officers to perform the functions of conciliation officers under any enactment (whenever passed) relating to matters which are or could be the subject of proceedings before an industrial tribunal.
(2) References in any such enactment to a conciliation officer are to an officer designated under this section.
(1) Where a trade dispute exists or is apprehended ACAS may, at the request of one or more of the parties to the dispute and with the consent of all the parties to the dispute, refer all or any of the matters to which the dispute relates for settlement to the arbitration of—
(a) one or more persons appointed by ACAS for that purpose (not being officers or employees of ACAS), or
(b) the Central Arbitration Committee.
(2) In exercising its functions under this section ACAS shall consider the likelihood of the dispute being settled by conciliation.
(3) Where there exist appropriate agreed procedures for negotiation or the settlement of disputes, ACAS shall not refer a matter for settlement to arbitration under this section unless—
(a) those procedures have been used and have failed to result in a settlement, or
(b) there is, in ACAS’s opinion, a special reason which justifies arbitration under this section as an alternative to those procedures.
(4) Where a matter is referred to arbitration under subsection (1)(a)—
(a) if more than one arbitrator or arbiter is appointed, ACAS shall appoint one of them to act as chairman; and
(b) the award may be published if ACAS so decides and all the parties consent.
(5) Part I of the [1950 c. 27.] Arbitration Act 1950 (general provisions as to arbitration) does not apply to an arbitration under this section.
(1) ACAS may give employers, employers' associations, workers and trade unions such advice as it thinks appropriate on matters concerned with industrial relations or employment policies.
The advice may be given on request or otherwise, and shall be without charge.
(2) The matters on which advice may be given include the following—
(a) the organisation of workers or employers for the purpose of collective bargaining;
(b) the recognition of trade unions by employers;
(c) machinery for the negotiation of terms and conditions of employment, and for joint consultation;
(d) procedures for avoiding and settling disputes and workers' grievances;
(e) questions relating to communication between employers and workers;
(f) facilities for officials of trade unions;
(g) procedures relating to the termination of employment;
(h) disciplinary matters;
(i) manpower planning, labour turnover and absenteeism;
(j) recruitment, retention, promotion and vocational training of workers;
(k) payment systems, including job evaluation and equal pay.
(3) ACAS may also publish general advice on matters concerned with industrial relations or employment policies, including any of the matters referred to above.
(1) ACAS may, if it thinks fit, inquire into any question relating to industrial relations generally or to industrial relations in any particular industry or in any particular undertaking or part of an undertaking.
(2) The findings of an inquiry under this section, together with any advice given by ACAS in connection with those findings, may be published by ACAS if—
(a) it appears to ACAS that publication is desirable for the improvement of industrial relations, either generally or in relation to the specific question inquired into, and
(b) after sending a draft of the findings to all parties appearing to to be concerned and taking account of their views, it thinks fit.
(1) Where a trade dispute exists or is apprehended, the Secretary of State may inquire into the causes and circumstances of the dispute, and, if he thinks fit, appoint a court of inquiry and refer to it any matters appearing to him to be connected with or relevant to the dispute.
(2) The court shall inquire into the matters referred to it and report on them to the Secretary of State; and it may make interim reports if it thinks fit.
(3) Any report of the court, and any minority report, shall be laid before both Houses of Parliament as soon as possible.
(4) The Secretary of State may, before or after the report has been laid before Parliament, publish or cause to be published from time to time, in such manner as he thinks fit, any information obtained or conclusions arrived at by the court as the result or in the course of its inquiry.
(5) No report or publication made or authorised by the court or the Secretary of State shall include any information obtained by the court of inquiry in the course of its inquiry—
(a) as to any trade union, or
(b) as to any individual business (whether carried on by a person, firm, or company),
which is not available otherwise than through evidence given at the inquiry, except with the consent of the secretary of the trade union or of the person, firm, or company in question.
Nor shall any individual member of the court or any person concerned in the inquiry disclose such information without such consent.
(6) The Secretary of State shall from time to time present to Parliament a report of his proceedings under this section.
(1) A court of inquiry shall consist of—
(a) a chairman and such other persons as the Secretary of State thinks fit to appoint, or
(b) one person appointed by the Secretary of State,
as the Secretary of State thinks fit.
(2) A court may act notwithstanding any vacancy in its number.
(3) A court may conduct its inquiry in public or in private, at its discretion.
(4) The Secretary of State may make rules regulating the procedure of a court of inquiry, including rules as to summoning of witnesses, quorum, and the appointment of committees and enabling the court to call for such documents as the court may determine to be relevant to the subject-matter of the inquiry.
(5) A court of inquiry may, if and to such extent as may be authorised by rules under this section, by order require any person who appears to the court to have knowledge of the subject-matter of the inquiry—
(a) to supply (in writing or otherwise) such particulars in relation thereto as the court may require, and
(b) where necessary, to attend before the court and give evidence on oath;
and the court may administer or authorise any person to administer an oath for that purpose.
(6) Provision shall be made by rules under this section with respect to the cases in which persons may appear by counsel or solicitor in proceedings before a court of inquiry, and except as provided by those rules no person shall be entitled to appear in any such proceedings by counsel or solicitor.
Section 3 of the [1972 c. 59.] Administration of Justice (Scotland) Act 1972 (power of arbiter to state case for opinion of Court of Session) does not apply to—
(a) any form of arbitration relating to a trade dispute, or
(b) any other arbitration arising from a collective agreement.
(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.
Trade Union and Labour Relations (Consolidation) Act 1992