PART IVRIGHTS OF TRADE UNION MEMBERS, WORKERS AND EMPLOYEES

Detriments and inducements in respect of membership etc. of independent trade union

Extension of protection against detriment for union membership etc.12

1

Article 73 of the Employment Rights Order (action short of dismissal on grounds related to union membership or activities) is amended in accordance with paragraphs (2) to (5).

2

For “An employee” in each of paragraphs (1) and (3), and “an employee” in each of paragraphs (2) and (4), substitute “ A worker ” and “ a worker ” respectively.

3

In paragraph (2)—

a

for “employee's” substitute “ worker's ”; and

b

after “contract of employment” insert “ (or other contract personally to do work or perform services) ”.

4

In paragraph (3), for “his contract of employment” substitute “ a contract of employment ”.

5

For paragraph (6) substitute—

6

This Article does not apply where—

a

the worker is an employee; and

b

the detriment in question amounts to dismissal.

7

In this Chapter—

“worker” means an individual who works, or normally works as mentioned in paragraphs (a) to (c) of the definition of “worker” in Article 2(2) of the 1995 Order; and

“employer” means—

a

in relation to a worker, the person for whom he works;

b

in relation to a former worker, the person for whom he worked.

6

In the heading to Article 73 of the Employment Rights Order, and in the Chapter heading immediately preceding it, for “Action short of dismissal” substitute “ Detriment ”.

7

In Article 74(1) of the Employment Rights Order, for “An employee” substitute “ A worker or former worker ”.

8

In Article 247 of the Employment Rights Order after paragraph (2) insert—

2A

The remedy of a person for infringement of the right conferred on him by Article 73 is by way of a complaint under Article 74 and not otherwise.