Trade Union and Labour Relations (Consolidation) Act 1992

Supplementary provisions

217Exclusion of power of arbiter to state case to Court of Session

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.

218Meaning 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.