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.