Employment Rights Act 1996

Crown employment etc.E+W+S

191 Crown employment.E+W+S

(1)Subject to sections 192 and 193, the provisions of this Act to which this section applies have effect in relation to Crown employment and persons in Crown employment as they have effect in relation to other employment and other employees or workers.

(2)This section applies to—

(a)Parts I to III,

[F1(aa)Part IVA,]

(b)Part V, apart from section 45,

[F2(c)Parts 6 to 8A,]

(d)in Part IX, sections 92 and 93,

(e)Part X, apart from section 101, and

(f)this Part and Parts XIV and XV.

(3)In this Act “Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by a statutory provision.

(4)For the purposes of the application of provisions of this Act in relation to Crown employment in accordance with subsection (1)—

(a)references to an employee or a worker shall be construed as references to a person in Crown employment,

(b)references to a contract of employment, or a worker’s contract, shall be construed as references to the terms of employment of a person in Crown employment,

(c)references to dismissal, or to the termination of a worker’s contract, shall be construed as references to the termination of Crown employment,

(d)references to redundancy shall be construed as references to the existence of such circumstances as are treated, in accordance with any arrangements falling within section 177(3) for the time being in force, as equivalent to redundancy in relation to Crown employment, and

(e)references to an undertaking shall be construed—

(i)in relation to a Minister of the Crown, as references to his functions or (as the context may require) to the department of which he is in charge, and

(ii)in relation to a government department, officer or body, as references to the functions of the department, officer or body or (as the context may require) to the department, officer or body.

(5)Where the terms of employment of a person in Crown employment restrict his right to take part in—

(a)certain political activities, or

(b)activities which may conflict with his official functions,

nothing in section 50 requires him to be allowed time off work for public duties connected with any such activities.

(6)Sections 159 and 160 are without prejudice to any exemption or immunity of the Crown.

192 Armed forces.E+W+S

(1)Section 191—

(a)applies to service as a member of the naval, military or air forces of the Crown but subject to the following provisions of this section, and

(b)applies to employment by an association established for the purposes of Part XI of the M1Reserve Forces Act 1996.

(2)The provisions of this Act which have effect by virtue of section 191 in relation to service as a member of the naval, military or air forces of the Crown are—

(a)Part I,

[F3(aa)in Part V, [F4sections 45A, 47C and 47D,] and sections 48 and 49 so far as relating to [F5those sections] ,]

[F6(ab)section 47C,]

(b)in Part VI, sections [F755 to 57B],

(c)Parts VII and VIII,

(d)in Part IX, sections 92 and 93,

(e)Part X, apart from sections 100 to 103 [F8, 104C] and 134, and

(f)this Part and Parts XIV and XV.

(3)Her Majesty may by Order in Council—

(a)amend subsection (2) by making additions to, or omissions from, the provisions for the time being specified in that subsection, and

(b)make any provision for the time being so specified apply to service as a member of the naval, military or air forces of the Crown subject to such exceptions and modifications as may be specified in the Order in Council,

but no provision contained in Part II may be added to the provisions for the time being specified in subsection (2).

(4)Modifications made by an Order in Council under subsection (3) may include provision precluding the making of a complaint or reference to any [F9employment tribunal] unless [F10—

(a)the person aggrieved has made a complaint to an officer under the service procedures for the redress of complaints applicable to him and has submitted that complaint to the Defence Council under those procedures; and

(b)the Defence Council have made a determination with respect to the complaint.]

[F11(5)Where modifications made by an Order in Council under subsection (3) include provision such as is mentioned in subsection (4), the Order in Council shall also include provision—

(a)enabling a complaint or reference to be made to an [F9employment tribunal] in such circumstances as may be specified in the Order, notwithstanding that provision such as is mentioned in subsection (4) would otherwise preclude the making of the complaint or reference; and

(b)where a complaint or reference is made to an [F9employment tribunal] by virtue of provision such as is mentioned in paragraph (a), enabling the service procedures for the redress of complaints to continue after the complaint or reference is made.]

(6)In subsections (4) and (5) “the service redress procedures” means the procedures, excluding those which relate to the making of a report on a complaint to Her Majesty, referred to in—

(a)[F12section 180] of the M2Army Act 1955,

(b)[F12section 180] of the M3Air Force Act 1955, and

(c)section 130 of the M4Naval Discipline Act 1957.

(7)No provision shall be made by virtue of subsection (4) which has the effect of substituting a period longer than six months for any period specified as the normal period for a complaint or reference.

(8)In subsection (7) “the normal period for a complaint or reference”, in relation to any matter within the jurisdiction of an [F9employment tribunal], means the period specified in the relevant enactment as the period within which the complaint or reference must be made (disregarding any provision permitting an extension of that period at the discretion of the tribunal).

[F13193 National security.E+W+S

Part IVA and section 47B of this Act do not apply in relation to employment for the purposes of—

(a)the Security Service,

(b)the Secret Intelligence Service, or

(c)the Government Communications Headquarters.]