|
| |
|
(4) | Regulations under subsection (3)(e) may not require an employer, after the first |
| |
publication of information, to publish information more frequently than at |
| |
| |
(5) | The regulations may make provision for a failure to comply with the |
| |
| 5 |
(a) | to be an offence punishable on summary conviction by a fine not |
| |
exceeding level 5 on the standard scale; |
| |
(b) | to be enforced, otherwise than as an offence, by such means as is |
| |
| |
(6) | The reference to a failure to comply with the regulations includes a reference |
| 10 |
to a failure by a person acting on behalf of an employer. |
| |
| |
| |
(1) | This section applies for the purposes of this Chapter. |
| |
(2) | If A is employed, B is a comparator if subsection (3) or (4) applies. |
| 15 |
(3) | This subsection applies if— |
| |
(a) | B is employed by A’s employer or by an associate of A’s employer, and |
| |
(b) | A and B work at the same establishment. |
| |
(4) | This subsection applies if— |
| |
(a) | B is employed by A’s employer or an associate of A’s employer, |
| 20 |
(b) | B works at an establishment other than the one at which A works, and |
| |
(c) | common terms apply at the establishments (either generally or as |
| |
| |
(5) | If A holds a personal or public office, B is a comparator if— |
| |
(a) | B holds a personal or public office, and |
| 25 |
(b) | the person responsible for paying A is also responsible for paying B. |
| |
(6) | If A is a relevant member of the House of Commons staff, B is a comparator if— |
| |
(a) | B is employed by the person who is A’s employer under subsection (6) |
| |
of section 195 of the Employment Rights Act 1996, or |
| |
(b) | if subsection (7) of that section applies in A’s case, B is employed by the |
| 30 |
person who is A’s employer under that subsection. |
| |
(7) | If A is a relevant member of the House of Lords staff, B is a comparator if B is |
| |
also a relevant member of the House of Lords staff. |
| |
(8) | Section 42 does not apply to this Chapter; accordingly, for the purposes of this |
| |
Chapter only, holding the office of constable is to be treated as holding a |
| 35 |
| |
(9) | For the purposes of this section, employers are associated if— |
| |
(a) | one is a company of which the other (directly or indirectly) has control, |
| |
| |
(b) | both are companies of which a third person (directly or indirectly) has |
| 40 |
| |
|
| |
|
| |
|
80 | Interpretation and exceptions |
| |
(1) | This section applies for the purposes of this Chapter. |
| |
(2) | The terms of a person’s work are— |
| |
(a) | if the person is employed, the terms of the person’s employment that |
| |
are in the person’s contract of employment, contract of apprenticeship |
| 5 |
or contract to do work personally; |
| |
(b) | if the person holds a personal or public office, the terms of the person’s |
| |
appointment to the office. |
| |
(3) | If work is not done at an establishment, it is to be treated as done at the |
| |
establishment with which it has the closest connection. |
| 10 |
(4) | A person (P) is the responsible person in relation to another person if— |
| |
(a) | P is the other’s employer; |
| |
(b) | P is responsible for paying remuneration in respect of a personal or |
| |
public office that the other holds. |
| |
(5) | A job evaluation study is a study undertaken with a view to evaluating, in |
| 15 |
terms of the demands made on a person by reference to factors such as effort, |
| |
skill and decision-making, the jobs to be done— |
| |
(a) | by some or all of the workers in an undertaking or group of |
| |
| |
(b) | in the case of the armed forces, by some or all of the members of the |
| 20 |
| |
(6) | In the case of Crown employment, the reference in subsection (5)(a) to an |
| |
undertaking is to be construed in accordance with section 191(4) of the |
| |
Employment Rights Act 1996. |
| |
(7) | “Civil partnership status” has the meaning given in section 124(1) of the |
| 25 |
| |
(8) | Schedule 7 (exceptions) has effect. |
| |
| |
| |
| 30 |
(1) | This Part applies in relation to— |
| |
| |
(b) | work on hovercraft, and |
| |
| |
| only in such circumstances as are prescribed. |
| 35 |
(2) | For the purposes of this section, it does not matter whether employment arises |
| |
or work is carried out within or outside the United Kingdom. |
| |
(3) | “Ship” has the same meaning as in the Merchant Shipping Act 1995. |
| |
(4) | “Hovercraft” has the same meaning as in the Hovercraft Act 1968. |
| |
(5) | “Seafarer” means a person employed or engaged in any capacity on board a |
| 40 |
| |
|
| |
|
| |
|
(6) | Nothing in this section affects the application of any other provision of this Act |
| |
to conduct outside England and Wales or Scotland. |
| |
| |
(1) | Her Majesty may by Order in Council provide that in the case of persons in |
| |
| 5 |
(a) | specified provisions of this Part apply (with or without modification); |
| |
(b) | Northern Ireland legislation making provision for purposes |
| |
corresponding to any of the purposes of this Part applies (with or |
| |
| |
| 10 |
(a) | provide for these provisions, as applied by the Order, to apply to |
| |
individuals (whether or not British citizens) and bodies corporate |
| |
(whether or not incorporated under the law of a part of the United |
| |
Kingdom), whether or not such application affects activities outside the |
| |
| 15 |
(b) | make provision for conferring jurisdiction on a specified court or class |
| |
of court or on employment tribunals in respect of offences, causes of |
| |
action or other matters arising in connection with offshore work; |
| |
(c) | exclude from the operation of section 3 of the Territorial Waters |
| |
Jurisdiction Act 1878 (consents required for prosecutions) proceedings |
| 20 |
for offences under the provisions mentioned in subsection (1) in |
| |
connection with offshore work; |
| |
(d) | provide that such proceedings must not be brought without such |
| |
consent as may be required by the Order. |
| |
(3) | “Offshore work” is work for the purposes of— |
| 25 |
(a) | activities in the territorial sea adjacent to the United Kingdom, |
| |
(b) | activities such as are mentioned in subsection (2) of section 11 of the |
| |
Petroleum Act 1998 in waters within subsection (8)(b) or (c) of that |
| |
| |
(c) | activities mentioned in paragraphs (a) and (b) of section 87(1) of the |
| 30 |
Energy Act 2004 in waters to which that section applies. |
| |
(4) | Work includes employment, contract work, a position as a partner or as a |
| |
member of an LLP, or an appointment to a personal or public office. |
| |
(5) | Northern Ireland legislation includes an enactment contained in, or in an |
| |
instrument under, an Act that forms part of the law of Northern Ireland. |
| 35 |
(6) | In the application to Northern Ireland of subsection (2)(b), the reference to |
| |
employment tribunals is to be read as a reference to industrial tribunals. |
| |
(7) | Nothing in this section affects the application of any other provision of this Act |
| |
to conduct outside England and Wales or Scotland. |
| |
83 | Interpretation and exceptions |
| 40 |
(1) | This section applies for the purposes of this Part. |
| |
| |
(a) | employment under a contract of employment, a contract of |
| |
apprenticeship or a contract personally to do work; |
| |
|
| |
|
| |
|
| |
(c) | employment as a relevant member of the House of Commons staff; |
| |
(d) | employment as a relevant member of the House of Lords staff. |
| |
(3) | This Part applies to service in the armed forces as it applies to employment by |
| |
a private person; and for that purpose— |
| 5 |
(a) | references to terms of employment, or to a contract of employment, are |
| |
to be read as including references to terms of service; |
| |
(b) | references to associated employers are to be ignored. |
| |
(4) | A reference to an employer or an employee, or to employing or being |
| |
employed, is (subject to section 212(11)) to be read with subsections (2) and (3); |
| 10 |
and a reference to an employer also includes a reference to a person who has |
| |
no employees but is seeking to employ one or more other persons. |
| |
(5) | “Relevant member of the House of Commons staff” has the meaning given in |
| |
section 195 of the Employment Rights Act 1996; and such a member of staff is |
| |
| 15 |
(a) | the person who is the employer of that member under subsection (6) of |
| |
| |
(b) | if subsection (7) of that section applies in the case of that member, the |
| |
person who is the employer of that member under that subsection. |
| |
(6) | “Relevant member of the House of Lords staff” has the meaning given in |
| 20 |
section 194 of that Act (which provides that such a member of staff is an |
| |
employee of the Corporate Officer of the House of Lords). |
| |
(7) | In the case of a person in Crown employment, or in employment as a relevant |
| |
member of the House of Commons staff, a reference to the person’s dismissal |
| |
is a reference to the termination of the person’s employment. |
| 25 |
(8) | A reference to a personal or public office, or to an appointment to a personal or |
| |
public office, is to be construed in accordance with section 52. |
| |
(9) | “Crown employment” has the meaning given in section 191 of the Employment |
| |
| |
(10) | Schedule 8 (reasonable adjustments) has effect. |
| 30 |
(11) | Schedule 9 (exceptions) has effect. |
| |
| |
| |
| |
| 35 |
84 | Application of this Chapter |
| |
This Chapter does not apply to the following protected characteristics— |
| |
| |
(b) | marriage and civil partnership. |
| |
|
| |
|