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The Employment Protection (Part-time Employees) Regulations 1995

S.I. 1995/31 · Made 10 January 1995

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TERMS AND CONDITIONS OF EMPLOYMENT

Made 10th January 1995

Laid before Parliament 16th January 1995

Coming into force 6th February 1995

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972f1 in relation to measures relating to equal pay for men and women and to equal treatment for men and women in matters of employment, self employment and vocational trainingf2, in exercise of the powers conferred by that provision, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1972 c. 68.

f2

The European Communities (Designation) (No. 3) Order 1993 (S.I. 1993/2661).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Extension of rights of part-time employees
  3. 3Extension of rights of part-time employees
  4. 4Extension of rights of part-time employees
  5. 5Extension of rights of part-time employees
  6. 6Repeals
  7. Signature
  8. Schedule Schedule
  9. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Employment Protection (Part-time Employees) Regulations 1995 and shall come into force on 6th February 1995.

(2)

In these Regulations “the 1978 Act” means the Employment Protection (Consolidation) Act 1978f1.

2Extension of rights of part-time employees

Section 5(1)(b) of the 1978 Act (exclusion of part-time employees from right to written particulars of employment under sections 1 to 4) shall cease to have effect.

3Extension of rights of part-time employees

In section 146 of the 1978 Act, subsections (4) to (8) (exclusion of part-time employees from certain rights which do not depend on a qualifying period of employment) shall cease to have effect.

4Extension of rights of part-time employees

(1)

In Schedule 13 to the 1978 Act, the following provisions, which relate to the number of hours which an employee needs to work in a week for that week to count in computing a period of employment, shall cease to have effect—

(a)

paragraph 3;

(b)

in paragraph 4, the words “which normally involves employment for sixteen hours or more weekly”; and

(c)

paragraphs 5 to 8.

(2)

In paragraph 1 of that Schedule, for the word “3” there shall be substituted the word “4”.

5Extension of rights of part-time employees

Section 281 of the Trade Union and Labour Relations (Consolidation) Act 1992f1 (exclusion of part-time employees from right to time off for trade union duties and activities) shall cease to have effect.

6Repeals

The repeals in the Schedule to these Regulations shall have effect.

Signature

Signed by order of the Secretary of State.

Ann Widdecombe

Minister of State,

Department of Employment

10th January 1995

ChapterShort titleExtent of repeal
1963 c. 2.Betting, Gaming and Lotteries Act 1963.In Schedule 5A, in paragraph 1(3), the words from “and Schedule” to the end.
1978 c. 29.National Health Service (Scotland) Act 1978.In section 12C(2)(c), paragraph (d) and the word “and” immediately preceding it.
1978 c. 44.Employment Protection (Consolidation) Act 1978.In section 5, in subsection (1), paragraph (b) and the word “or” immediately preceding it and, in subsection (2), the words “subsection (1)(b) and”.
Section 146(4) to (8).
In section 149, in subsection (1)(c), the words “and 146(4) to (7)”.
In Schedule 13, paragraph 3, in paragraph 4, the words “which normally involves employment for sixteen hours or more weekly”, paragraphs 5 to 8, in paragraphs 9(1) and (2) and 10, the words “3,” and “or 5”, in paragraph 15(1), the words “3,” and “5,” and paragraphs 19(4) and 24(2).
1982 c. 46.Employment Act 1982.In Schedule 2, paragraphs 7(3) and 8(5)(b).
1990 c. 19.National Health Service and Community Care Act 1990.In section 7(2)(c), paragraph (d) and the word “and” immediately preceding it.
1992 c. 52.Trade Union and Labour Relations (Consolidation) Act 1992.Section 281.
1993 c. 19.Trade Union Reform and Employment Rights Act 1993.Section 27.
1993 c. 43.Railways Act 1993.In Schedule 11, in paragraph 6, in sub-paragraph (10), the words from “except that” to the end, sub-paragraph (11) and in sub-paragraph (12), the words “or 11”.
1994 c. 9.Finance Act 1994.In Schedule 24, in paragraph 27, in sub-paragraph (9), the words from “except that” to the end, sub-paragraph (10) and in sub-paragraph (11) the words “or (10)”.
1994 c. 20.Sunday Trading Act 1994.In Schedule 4, in paragraph 1(5), the words from “and Schedule” to the end.

Explanatory note

(This note is not part of the Regulations)

These Regulations are made under section 2(2) of the European Communities Act 1972 in order to ensure compliance with Article 119 of the Treaty of Rome, Council Directive 75/117/EEC (OJ No. L45, 19.2.1975, p.19) and Council Directive 76/207/EEC (OJ No. L39, 14.2.1976, p.40) following the decision of the Judicial Committee of the House of Lords in R -v- Secretary of State for Employment, ex parte Equal Opportunities Commission and another [1994] 2 WLR 409. The Regulations come into force on 6th February 1995.

The Regulations remove the provisions of the Employment Protection (Consolidation) Act 1978 and of the Trade Union and Labour Relations (Consolidation) Act 1992 which exclude part-time workers from rights under those Acts and provide that periods of part-time employment will count in the computation of periods of employment under the 1978 Act.