OpenLegislation

Employment Protection Act 1975 in Northern Ireland

1975 c. 71 · Enacted 12 November 1975 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 7 April 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 13 para. 1 2 3 4repealed (3.1.1995)Deregulation and Contracting Out Act 1994 s. 81 Sch. 17
Sch. 13 para. 6(3) (defn. of "(3.1.1995)")repealed in partDeregulation and Contracting Out Act 1994 s. 81 Sch. 17

Contents

  1. Advisory, Conciliation and Arbitration Service, etc.
  2. 11—16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  3. Disclosure of information
  4. 22—39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. 40Section 40
  6. 41—88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  7. 89—96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  8. Powers of Agricultural Wages Boards
  9. 98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  10. Part V: Miscellaneous and Supplementary Provisions
  11. 127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  12. 128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  13. 129Short title, commencement and extent.
  14. Part I: Constitution Etc. of Advisory, Conciliation and Arbitration Service and its Council
  15. The Council
  16. Staff
  17. Supplemental
  18. Part II: Central Arbitration Committee
  19. Constitution
  20. Proceedings
  21. Awards
  22. Supplemental
  23. Part III: Supplementary Provisions
  24. Remuneration and allowances
  25. Sums payable on retirement
  26. Expenses of hearings before the Certification Officer
  27. Expenses
  28. Accounts
  29. Part I: Section 3, AS SUBSTITUTED Repealed
  30. 3Power of Agricultural Wages Board to fix wages, holidays and other terms and conditions. Repealed
  31. Part II: Minor and Consequential Amendments Repealed
  32. 1Paragraph 1 Repealed
  33. 2Paragraph 2 Repealed
  34. 3Paragraph 3 Repealed
  35. 4Paragraph 4 Repealed
  36. 5Paragraph 5 Repealed
  37. 6Paragraph 6 Repealed
  38. Part 1: Section 3, As Substituted
  39. 3Power of Scottish Agricultural Wages Board to fix rates of wages and holidays.
  40. Part II: Minor and Consequential Amendments
  41. 1Paragraph 1
  42. 3Paragraph 3
  43. 4Paragraph 4
  44. 5Paragraph 5
  45. 6Paragraph 6
  46. Part I: General
  47. Introductory
  48. Institution or continuance of tribunal proceedings
  49. Rights and liabilities accruing after death
  50. Death during protected period
  51. Part II
  52. 8—12Paragraph 8—12 Repealed
  53. 5Paragraph 5 Repealed
  54. 7Paragraph 7 Repealed
  55. 1Paragraph 1 Repealed
  56. 2Paragraph 2
  57. 3Paragraph 3
  58. 4, 5Paragraph 4, 5 Repealed
  59. 6Paragraph 6 Repealed
  60. 1Paragraph 1 Repealed
  61. 2Paragraph 2
  62. 3Paragraph 3
  63. 4Paragraph 4 Repealed
  64. 5Paragraph 5 Repealed
  65. 6Paragraph 6
  66. 7Paragraph 7 Repealed
  67. 8Paragraph 8 Repealed
  68. 9Paragraph 9
  69. 10Paragraph 10 Repealed
  70. 11Paragraph 11 Repealed
  71. 12Paragraph 12
  72. 14Paragraph 14 Repealed
  73. 15Paragraph 15
  74. 16Paragraph 16
  75. 17Paragraph 17
  76. 18Paragraph 18 Repealed
  77. 19Paragraph 19
  78. 20Paragraph 20 Repealed
  79. 21Paragraph 21 Repealed
  80. Schedule 16: Minor and Consequential Amendments
  81. 4Paragraph 4 Repealed
  82. 8Paragraph 8 Repealed
  83. 9Paragraph 9 Repealed
  84. 10, 11Paragraph 10, 11 Repealed
  85. 12Paragraph 12 Repealed
  86. 13—16Paragraph 13—16 Repealed
  87. 17Paragraph 17 Repealed
  88. 18—30Paragraph 18—30 Repealed
  89. 34Paragraph 34 Repealed
  90. Part IV: Miscellaneous Amendments
  91. 2Paragraph 2 Repealed
  92. 4Paragraph 4
  93. 5Paragraph 5 Repealed
  94. 6Paragraph 6
  95. 8Paragraph 8 Repealed
  96. 9Paragraph 9
  97. 11Paragraph 11
  98. 12Paragraph 12
  99. 14Paragraph 14 Repealed
  100. 15Paragraph 15 Repealed
  101. House of Commons Disqualification Act 1975 (c. 24)
  102. 16Paragraph 16 Repealed
  103. 17Paragraph 17
  104. 7—10Paragraph 7—10 Repealed
  105. 11Paragraph 11 Repealed
  106. 13Paragraph 13 Repealed
  107. 14Paragraph 14
  108. 15Paragraph 15
  109. 16, 17Paragraph 16, 17 Repealed
  110. 18Paragraph 18
  111. 19Paragraph 19

11—16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

22—39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

40

(1)

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(2)

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(3)

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(4)

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5)(6)

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41—88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

89—96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

129Short title, commencement and extent.

(1)

This Act may be cited as the Employment Protection Act 1975.

(2)

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C1C2(3)

The other provisions of this Act shall come into operation on such day as the Secretary of State may by order appoint, and different days may be so appointed for different purposes.

(4)

Any reference in this Act to the commencement of any provision of this Act shall be construed as a reference to the day appointed under this section for the coming into operation of that provision.

(5)

F2. . . an order under this section may contain such transitional provision or savings as appear to the Lord Chancellor or, as the case may be, the Secretary of State to be necessary or expedient in connection with the provisions of this Act which are thereby brought (wholly or in part) into operation, including such adaptations of those provisions then in force as appear to the Lord Chancellor or, as the case may be, the Secretary of State to be necessary or expedient in consequence of their partial operation (whether before, on or after the day appointed by the order).

(6)

. . . any provision of this Act which amends or repeals any provision of the M1House of Commons Disqualification Act 1975 or the M2Northern Ireland Assembly Disqualification Act 1975 shall extend to Northern Ireland, but except as aforesaid this Act shall not extend there.

3Power of Agricultural Wages Board to fix wages, holidays and other terms and conditions.F1

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1F1

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3F1

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4F1

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5F1

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6F1

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3Power of Scottish Agricultural Wages Board to fix rates of wages and holidays.

(1)

Subject to and in accordance with the provisions of this section, the Board shall have power to make an order in accordance with the provisions of Schedule 3 to this Act—

(a)

fixing minimum rates of wages ;

(b)

directing holidays to be allowed ;

(c)

fixing any other terms and conditions of employment

for workers employed in agriculture.

(2)

The power of the Board to make an order under subsection (1)(a) of this section fixing minimum rates of wages is a power to make an order—

(a)

fixing minimum rates for time work ;

(b)

fixing minimum rates for piece work ;

(c)

fixing minimum rates for time work, to apply in the case of workers employed on piece work, for the purpose of securing to such workers a minimum rate of remuneration on a time work basis ; or

(d)

fixing separate minimum rates by way of pay in respect of holidays:

Provided that the minimum time rate for piece-work shall not in any case be higher than the minimum rate which, if the work were time work, would be applicable thereto by virtue of paragraph (a) of this subsection.

(2A)

It shall be the duty of the Board to make an order under this section fixing such minimum rates of wages for time work as are referred to in paragraph (a) of the last preceding subsection.

(3)

An order under paragraph (b) of subsection (1) of this section directing that a worker shall be allowed a holiday—

(a)

shall not be made unless both minimum rates of wages in respect of the period of the holiday and minimum rates of wages otherwise than in respect of the holiday have been or are being fixed under this section for that worker ;

(b)

shall provide for the duration of the holiday being related to the duration of the period for which the worker has been employed or engaged to be employed by the employer who is to allow the holiday ; and

(c)

subject as aforesaid, may make provisions as to the times at which or the periods within which, and the circumstances in which, the holiday shall be allowed.

(3A)

An order under this section fixing separate minimum rates of wages in respect of holiday may make provision—

(a)

with respect to the times at which, and the conditions subject to which, those wages shall accrue and shall become payable, and

(b)

for securing that any such wages which have accrued to a worker during his employment by any employer shall, in the event of his ceasing to be employed by that employer before he becomes entitled to be allowed a holiday by him, nevertheless become payable by the employer to the worker.

(4)

Any such minimum rates of wages as are mentioned in subsection(2) of this section may be fixed so as to vary according as the employment is for a day, week, month or other period, or according to the number of working hours, or the conditions of the employment or so as to provide for a differential rate in the case of employment defined by the Board as being overtime employment, whether that employment is remunerated on a time work or a piece work basis.

In the exercise of their powers under this subsection, the Board shall, so far as is reasonably practicable, secure a weekly half-holiday for workers.

(5)

An order under this section shall have effect as regards any terms as to remuneration from a date specified in the order, which may be a date earlier than the date of the order but not earlier than the date on which the Board agreed on those terms prior to publishing (in accordance with Schedule 3 to this Act) the original proposals to which effect is given, with or without modifications, by the order.

(6)

Any increase of wages payable by virtue of an order under this section in respect of any time before the date of the order (hereafter in this Act referred to as arrears of wages) shall be paid by the employer within a period specified in the order being—

(a)

in the case of a worker who is in the employment of the employer on that date, a period beginning with that date;

(b)

in the case of a worker who is no longer in the employment of the employer on that date a period beginning with that date or the date on which the employer receives from the worker or a person acting on his behalf a request in writing for those wages, whichever is the later.

(7)

Nothing in this section shall be construed as preventing the Board fixing a minimum rate of wages so as to secure that workers employed in agriculture receive remuneration calculated by reference to periods during the currency of their employment.

1

In section 4(1) (enforcement), after paragraph (c) there shall be inserted the words “or

(d)

to pay to any such worker arrears of wages within the period specified in the order;”

and accordingly references in the provisions of that section following that paragraph and in any other provisions of the M1Agricultural Wages (Scotland) Act 1949 to wages or to the payment of wages at a rate not less than the minimum rate or the minimum rate applicable shall include references to arrears of wages or their payment, as the case may require.

3

C1(1)

In section 11(1) (void agreements), at end there shall be added the following paragraph:—

“(c)

any term or condition of a contract of employment that is inconsistent with a term or condition of employment fixed by an order of the Board under this Act or any agreement for abstaining from enforcing a term or condition so fixed”.

(2)

In section 11(2) (saving for more favourable agreements), at end there shall be added the words “or a term or condition of a contract of employment that is not inconsistent with a term or condition so fixed”.

4

C1(1)

In section 12(3)(a) (inspection of records), at the end there shall be added the words “and records of terms and conditions of employment of such workers”.

(2)

In section 12(4), the words from “and in any such civil proceedings” onwards shall be omitted and at the end of that subsection there shall be inserted the following subsections:—

“(4A)

Where it appears to the Secretary of State that a term or condition of employment fixed by order of the Board is not being complied with by an employer, the Secretary of State may institute, on behalf or in the name of the worker, civil proceedings in respect of the failure to comply with the term or condition.

(4B)

In any civil proceedings instituted by the Secretary of State by virtue of this section the court shall, if the Secretary of State is not a party to the proceedings, have the same power to make an order for the payment of expenses by the Secretary of State as if he were a party to the proceedings.”.

(3)

In section 12, for subsection (5) (saving for ordinary right to bring proceedings) substitute the following subsection:— “ Nothing in subsection (4) or (4A) of this section shall be taken to exclude the bringing otherwise than in accordance with either of those subsections proceedings of any description mentioned in those subsections ”.

5

The provisions specified in column 1 of the following Table (which create offences) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in that provision were a fine not exceeding the amount specified in column 3 of that Table instead of a fine not exceeding the amount specified in column 2 of that Table.

Table

ProvisionOld maximum fineNew maximum fine
Section 4(1) (failure to pay wages, or arrears, or allow holidays).£20 and in addition £1 for each day on which the offence is continued after conviction.F1level 3 on the standard scaleand an additional £5 for each day on which the offence is continued after conviction.
Section 6(6)(payment of unlawful premiums).£20level 3 on the standard scale
Section 12(6) (hindering officers (paragraph (a)), failure to produce documents or information (paragraph (b)), producing false documents (paragraph (c)) and furnishing false information (paragraph (d))).£20level 3 on the standard scalein the case of an offence under paragraph (a) or (b) and level 5 on the standard scalein the case of an offence under paragraph (c) or (d).

6C1

In paragraph 6 of Schedule 3 (power to vary and revoke orders), the words from the beginning to “holidays” shall be omitted.

8—12

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5F1C1

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7F1C1

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1

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2

(1)

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2)—(5)

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3C1

After section 13(1) insert the following subsection:—

“(1A)

Any reference in this Act to redundancy shall be construed as a reference in the existence of one or other of the facts specified in section 1(2)(a) and (b) of the Redundancy Payments Act 1965”.

4, 5

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6

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1F1

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2C1

In section 2, omit subsection (5) and in subsection (7) for the words “subsections (4) and (5)” substitute the words “subsection (4)”.

3C1

After section 10(7) insert the following subsection:—

“(8)

For the purposes of any civil proceedings arising out of those functions, the Crown Proceedings Act 1947 and the Crown Suits (Scotland) Act 1857 shall apply to the Commission and the Executive as if they were governments departments within the meaning of the said Act of 1947 or, as the case may be, public departments within the meaning of the said Act of 1857”.

4F1

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5F1

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6C1

In section 15, for subsection (1) substitute—

“(1)

Subject to the provisions of section 50, the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly shall have power to make regulations under this section for any of the general purposes of this part (and regulations so made are in this Part referred to as “health and safety regulations”).”.

7F1

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8F1

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9C1

In section 28, after subsection (8) insert the following subsection—

“(9)

Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection”.

10F1

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11F1

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12C1

In section 43, in subsection (3) omit the words “the Minister of Agriculture, Fisheries and Food” and for subsections (6) and (7) substitute—

“(6)

The power to make regulations under this section shall be exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly”.

14F1

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15

C1(1)

In section 49, in subsection (1) for the words “The appropriate Minister may by regulations amend”, substitute the words “Regulations made under this subsection may amend”, in subsection (2) for the words “appropriate Minister” substitute the words “authority making the regulations”, in subsection (3) omit the words “by the appropriate Minister” and for the words “if the appropriate Minister” substitute the words “if the authority making the regulations”.

(2)

For subsection (4) of that section substitute—

“(4)

The power to make regulations under this section shall be exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly”.

16

C1(1)

In section 50, for subsection (1) substitute—

“(1)

Where any power to make regulations under any of the relevant statutory provisions is exercisable by the Secretary of State,the Minister of Agriculture, Fisheries and Food or both of them acting jointly that power may be exercised either so as to give effect (with or without modifications) to proposals submitted by the Commission under section 11(2)(d) or independently of any such proposals; but the authority who is to exercise the power shall not exercise it independently of proposals from the Commission unless he has consulted the Commission and such other bodies as appear to him to be appropriate”.

(2)

In subsection (2) of that section for the words from “Secretary of State” to “preceding subsection” substitute “authority who is to exercise any such power as is mentioned in subsection(1) above proposes to exercise that power”.

(3)

In subsection (3), for the words “to the Secretary of State” substitute the words “under section 11(2)(d)”.

F1(4)

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17C1

In section 52, for subsections (3) and (4) substitute—

“(3)

The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly”.

18F1

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19

In section 80, for subsections (4) to (6) substitute—

“(4)

The power to make regulations under subsection (1) above shall be exercisable by the Secretary of State, the Minister of Agriculture, Fisheries and Food or the Secretary of State and that Minister acting jointly; but the authority who is to exercise the power shall, before exercising it, consult such bodies as appear to him to be appropriate.

(5)

In this section “the relevant statutory provisions” has the same meaning as in Part I.”.

20F1

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21F1

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4

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8

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9

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10, 11

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12

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13—16

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17

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18—30

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34

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2F1

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4

C1(1)

The Road Haulage Wages Act 1938 shall be amended in accordance with the following provisions of this paragraph.

(2)

In sections 4 and 5 for the word “Minister” substitute the word “Service” and in section 15(1) after the definition of “ Road haulage work” and “Road haulage worker” insert— “Service” means the Advisory, Conciliation and Arbitration Service.”.

(3)

In sections 4, 5 and 8 for the words “Industrial Court” and “Court” wherever they o*ccur substitute respectively the words “Central Arbitration Committee” and “Committee”.

(4)

In section 4(6) for the words “the Industrial Courts Act, 1919” substitute the words “section 3 of the Employment Protection Act 1975”.

(5)

Section 5(5) is hereby repealed.

5

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6C1

In Part 11 of the Table at the end of paragraph 3(2) of Schedule I to the Public Records Act 1958 insert at the appropriate place in alphabetical order the following entry—

“Commission on Industrial Relations.”

8

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9

C1(1)

The Education (Scotland) Act 1962 shall be amended in accordance with the following provisions of this paragraph.

(2)

In section 85, subsection (3) and, in subsection (5), the word “(3)” are hereby repealed.

(3)

In section 123(2), in the proviso, the words from “and”, where secondly occurring, to the end are hereby repealed.

(4)

After section 123(2), insert the following subsection—

(2A)

In any scheme for any endowment, any provision which applies subsection (3) of section 85 of this Act to any certificated or registered teacher in the employment of the governing body of that endowment, or which has, in relation to such a teacher, the like effect as such a provision, shall cease to have effect.”.

11C1F1

(1)

The Remuneration of Teachers Act 1965 shall be amended in accordance with the following provisions of this paragraph.

(2)

In section 3(3) for the words “Minister of Labour” substitute the words “Advisory, Conciliation and Arbitration Service”; and references in any arrangements made by the Secretary of State under section 3(1) to the Minister of Labour shall be construed as references to the Service.

(3)

In section 3(3), the words from “and, where arbitrators” to the end, and section 6(d) are hereby repealed.

12

C1(1)

The Remuneration of Teachers (Scotland) Act 1967 shall be amended in accordance with the following provisions of this paragraph.

(2)

In section 3(3) for the words “Minister of Labour” substitute the words “Advisory, Conciliation and Arbitration Service”; and references in any arrangements made by the Secretary of State under section 3(1) to the Minister of Labour shall be construed as references to the Service.

(3)

In section 3(3), the words from “and, where arbiters” to the end, and section 7(c) are hereby repealed.

14

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15

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16F1

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17C1

After section 31(8) of the Social Security Pensions Act 1975 there shall be inserted the following subsection:—

“(9)

A trade union shall be treated as recognised for the purpose of this section not only if it is recognised for the purpose of collective bargaining, but also if the Advisory Conciliation and Arbitration Service has made a recommendation for recognition under the Employment Protection Act 1975 and that recommendation is operative within the meaning of section 15 of that Act.”.

7—10

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11

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13

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14

Where any provision of this Act increases the penalty for an offence under any other enactment, that increase shall not have effect in relation to an offence committed before the commencement of the relevant provision.

15

The repeals effected by section 111 above—

(a)

in the case of subsection (1) of that section, shall not confer or affect any right to unemployment benefit in respect of any day before the commencement of that subsection, and

(b)

in the case of subsection (2) of that section, shall not affect the manner in which any person’s requirements or resources are to be ascertained in relation to any period beginning before the commencement of that subsection.

16, 17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

18

Any enactment or document which refers, whether specifically or by means of a general description, to an enactment which is replaced or amended by any provision of this Act, shall, except so far as the context otherwise requires, be construed as referring or as including a reference, to that provision.

19

Nothing in this Schedule shall be construed as prejudicing F1sections 16(1) and 17(2)(a) of the M1Interpretation Act 1978 (effect of repeals).