Office of Public Sector Information
PART XIII continued CHAPTER II continued
(1) For the purposes of this Act it is immaterial whether the law which (apart from this Act) governs any person’s employment is the law of the United Kingdom, or of a part of the United Kingdom, or not.
(2) Subsection (1) is subject to section 196(1)(b).
(1) The remedy of an employee for infringement of any of the rights conferred by section 8, Part III, Parts V to VIII, section 92, Part X and Part XII is, where provision is made for a complaint or the reference of a question to an industrial tribunal, by way of such a complaint or reference and not otherwise.
(2) The remedy of a worker in respect of any contravention of section 13, 15, 18(1) or 21(1) is by way of a complaint under section 23 and not otherwise.
(1) Where an employer has died, any tribunal proceedings arising under any of the provisions of this Act to which this section applies may be defended by a personal representative of the deceased employer.
(2) This section and section 207 apply to—
(a) Part I, so far as it relates to itemised pay statements,
(b) Part III,
(c) Part V,
(d) Part VI, apart from sections 58 to 60,
(e) Parts VII and VIII,
(f) in Part IX, sections 92 and 93, and
(g) Parts X to XII.
(3) Where an employee has died, any tribunal proceedings arising under any of the provisions of this Act to which this section applies may be instituted or continued by a personal representative of the deceased employee.
(4) If there is no personal representative of a deceased employee, any tribunal proceedings arising under any of the provisions of this Act to which this section applies may be instituted or continued on behalf of the estate of the deceased employee by any appropriate person appointed by the industrial tribunal.
(5) In subsection (4) “appropriate person” means a person who is—
(a) authorised by the employee before his death to act in connection with the proceedings, or
(b) the widow or widower, child, parent or brother or sister of the deceased employee;
and in Part XI and the following provisions of this section and section 207 references to a personal representative include a person appointed under subsection (4).
(6) In a case where proceedings are instituted or continued by virtue of subsection (4), any award made by the industrial tribunal shall be—
(a) made in such terms, and
(b) enforceable in such manner,
as the Secretary of State may by regulations provide.
(7) Any reference in the provisions of this Act to which this section applies to the doing of anything by or in relation to an employer or employee includes a reference to the doing of the thing by or in relation to a personal representative of the deceased employer or employee.
(8) Any reference in the provisions of this Act to which this section applies to a thing required or authorised to be done by or in relation to an employer or employee includes a reference to a thing required or authorised to be done by or in relation to a personal representative of the deceased employer or employee.
(9) Subsections (7) and (8) do not prevent a reference to a successor of an employer including a personal representative of a deceased employer.
(1) Any right arising under any of the provisions of this Act to which this section applies which accrues after the death of an employee devolves as if it had accrued before his death.
(2) Where an industrial tribunal determines under any provision of Part XI that an employer is liable to pay to a personal representative of a deceased employee—
(a) the whole of a redundancy payment to which he would have been entitled but for some provision of Part XI or section 206, or
(b) such part of such a redundancy payment as the tribunal thinks fit,
the reference in subsection (1) to a right includes any right to receive it.
(3) Where—
(a) by virtue of any of the provisions to which this section applies a personal representative is liable to pay any amount, and
(b) the liability has not accrued before the death of the employer,
it shall be treated as a liability of the deceased employer which had accrued immediately before his death.
(1) The Secretary of State shall in each calendar year review—
(a) the limits specified in section 31,
(b) the limit specified in section 186(1), and
(c) the limits imposed by subsection (1) of section 227 for the purposes specified in paragraphs (a) to (c) of that subsection,
and shall determine whether any of those limits should be varied.
(2) In making a review under subsection (1) the Secretary of State shall consider—
(a) the general level of earnings obtaining in Great Britain at the time of the review,
(b) the national economic situation as a whole, and
(c) such other matters as he thinks relevant.
(3) If on a review under subsection (1) the Secretary of State determines that, having regard to the considerations mentioned in subsection (2), any of the limits specified in subsection (1) should be varied, he shall prepare and lay before each House of Parliament the draft of an order giving effect to his decision.
(4) Where a draft of an order under this section is approved by resolution of each House of Parliament the Secretary of State shall make an order in the form of the draft.
(5) If, following the completion of a review under subsection (1), the Secretary of State determines that any of the limits referred to in that subsection should not be varied, he shall lay before each House of Parliament a report containing a statement of his reasons for that determination.
(6) The Secretary of State may at any time, in addition to the annual review provided by in subsection (1), conduct a further review of the limits specified in subsection (1) so as to determine whether any of them should be varied.
(7) Subsections (2) to (4) shall apply to a review under subsection (6) as if it were a review under subsection (1).
(1) The Secretary of State may by order—
(a) provide that any provision of this Act, other than any to which this paragraph does not apply, which is specified in the order shall not apply to persons, or to employments, of such classes as may be prescribed in the order,
(b) provide that any provision of this Act, other than any to which this paragraph does not apply, shall apply to persons or employments of such classes as may be prescribed in the order subject to such exceptions and modifications as may be so prescribed, or
(c) vary, or exclude the operation of, any of the provisions to which this paragraph applies.
(2) Subsection (1)(a) does not apply to—
(a) Parts II and IV,
(b) in Part V, sections 45 and 46, and sections 48 and 49 so far as relating to those sections,
(c) in Part VI, sections 58 to 60,
(d) in Part IX, sections 87(3), 88 to 90, 91(1) to (4) and (6) and 92(6) to (8),
(e) in Part X, sections 95, 97(1) to (5), 98(1) to (4) and (6), 100, 101, 102, 103, 105, 107, 110, 111, 120(2), 124(1), (2) and (5), 125(7) and 134,
(f) in Part XI, sections 143, 144, 160(2) and (3), 166 to 173 and 177 to 180,
(g) in Part XIII, sections 196(1) and 197(1),
(h) Chapter I of Part XIV, or
(j) in Part XV, section 236(3) so far as relating to sections 120(2), 124(2) and 125(7).
(3) Subsection (1)(b) does not apply to—
(a) any of the provisions to which subsection (1)(a) does not apply,
(b) sections 1 to 7, or
(c) the provisions of sections 86 to 91 not specified in subsection (2).
(4) The provision which may be made by virtue of paragraph (b) of subsection (1) in relation to section 94 does not include provision for application subject to exceptions or modifications; but this subsection does not prejudice paragraph (a) of that subsection.
(5) Subsection (1)(c) applies to sections 29(2), 65(2), 86(5), 92(3), 108(1), 109(1), 159, 160(1), 196(2), (3) and (5) and 199(1), (2), (4) and (5).
(6) The Secretary of State may by order amend any of—
(a) sections 84, 85, 97(6), 98(5) and 99(4),
(b) sections 108(3), 109(2) and 110(2) so far as relating to section 84, and
(c) sections 114(5), 115(4), 119(6), 127, 137(2), 145(7), 146(3), 156(2), 157(6), 162(7), 196(4), 199(3), 226(3)(a) and (5)(a) and 227(4)(a),
or modify the application of any of those provisions to any description of case.
(7) The Secretary of State may by order provide that, subject to any such modifications and exceptions as may be prescribed in the order, section 44, and any other provisions of this Act so far as relating to that section, shall apply to such descriptions of persons other than employees as may be so prescribed as to employees (but as if references to their employer were to such person as may be so prescribed).
(8) The provisions of this section are without prejudice to any other power of the Secretary of State to amend, vary or repeal any provision of this Act or to extend or restrict its operation in relation to any person or employment.
Employment Rights Act 1996