Employment Act 1990

3Interpretation and other supplementary provisions

(1)In sections 1 and 2—

• “advertisement” includes every form of advertisement or notice, whether to the public or not, and references to publishing an advertisement shall be construed accordingly;

• “employment” means employment under a contract of service or apprenticeship, and related expressions shall be construed accordingly;

• “employment agency” means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers, but subject to subsection (3) below;

• “member of a trade union” shall be construed in accordance with subsection (4) below;

• “trade union” has the meaning given by section 28 of the [1974 c. 52.] Trade Union and Labour Relations Act 1974.

(2)Where a person may not be considered for appointment or election to an office in a trade union unless he is a member of the union, or of a particular branch or section of the union or of one of a number of particular branches or sections of the union, nothing in section 1 applies to anything done for the purpose of securing compliance with that condition although as holder of the office he would be employed by the union.

For this purpose an “office” means any position—

(a)by virtue of which the holder is an “official” within the meaning of section 30(1) of the Trade Union and Labour Relations Act 1974, or

(b)in relation to which the duty in section 1 of the [1984. c. 49.] Trade Union Act 1984 (duty to hold elections) applies.

(3)For the purposes of sections 1 and 2 as they apply to employment agencies—

(a)services other than those mentioned in the definition of “employment agency” above shall be disregarded, and

(b)a trade union shall not be regarded as an employment agency by reason of services provided by it only for, or in relation to, its members.

(4)References in sections 1 and 2 to being or not being a member of a trade union are to being or not being a member of any trade union, of a particular trade union or of one of a number of particular trade unions.

Any such reference includes a reference to being or not being a member of a particular branch or section of a trade union or of one of a number of particular branches or sections of a trade union.

(5)Further provisions supplementing sections 1 and 2 are contained in Schedule 1, where—

• Part I deals with proceedings, remedies and related matters, and

• Part II deals with the scope of application of those sections.

Expressions which are defined above for the purposes of those sections have the same meanings in that Schedule.