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The Guarantee Payments (Exemption) (No. 17) Order 1978

S.I. 1978/737 · Made 19 May 1978

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TERMS AND CONDITIONS OF EMPLOYMENT

Made 19th May 1978

Coming into Operation 27th June 1978

Whereas the Scheme of Conditions of Service of the National Joint Council for Workshops for the Blind is a collective agreement which makes provision whereby employees to whom the said agreement relates have a right to guaranteed remuneration:

And whereas the parties to the said collective agreement (whose descriptions are set out in Schedule 1 to this Order) all made application to the Secretary of State under section 28(1) of the Employment Protection Act 1975 (“the Act”):

And whereas the Secretary of State, having regard to the provisions of the agreement (which so far as are material are set out in Schedule 2 to this Order), is satisfied that section 22 of the Act should not apply to those employees:

And whereas the said agreement complies with the provisions of section 28(4) of the Act:

Now, therefore, the Secretary of State in exercise of the powers conferred on him as the appropriate Minister under section 28(1) of the Act and of all other powers enabling him in that behalf, hereby makes the following Order:—

Contents

  1. 1Citation and Commencement
  2. 2Interpretation
  3. 3Exemption
  4. Signature
  5. Schedule 1: PARTIES TO THE COLLECTIVE AGREEMENT
  6. 1Representing employers
  7. 2Representing employees
  8. Schedule 2: MATERIAL PROVISIONS OF THE COLLECTIVE AGREEMENT
  9. 14Unemployment
  10. Explanatory note

1Citation and Commencement

This Order may be cited as the Guarantee Payments (Exemption) (No. 17) Order 1978 and shall come into operation on 27th June 1978.

2Interpretation

(1)

The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

(2)

The “exempted agreement” means the Scheme of Conditions of Service of the National Joint Council for Workshops for the Blind.

3Exemption

Section 22 of the Act shall not apply to any person who is an employee to whom the exempted agreement relates.

Signature

Signed by order of the Secretary of State.

Harold Walker

Minister of State

Department of Employment

19th May 1978

1Representing employers

The Association of County Councils;

The Association of Metropolitan Authorities;

The Scottish Councils;

The National Association of Industries for the Blind and Disabled.

2Representing employees

The National League of the Blind and Disabled.

14Unemployment

During unemployment caused by lack of work and/or inability to attend the workshop due to strike or other emergency, the strike not being by the employees themselves, employees shall receive the basic wage including service supplement where appropriate for a maximum of six weeks of such unemployment in any one financial year of which not more than two weeks may be consecutive.

An employee who has a complaint regarding the failure of a workshop to pay the whole or part of any guaranteed remuneration to which the employee is entitled under this Agreement is advised to make use of the National Council's grievance and conciliation machinery; however, the employee may refer any such complaint to an industrial tribunal.

Explanatory note

This Order excludes from the operation of section 22 of the Employment Protection Act 1975 employees to whom the Scheme of Conditions of Service of the National Joint Council for Workshops for the Blind relates.

Copies of the Agreement are available for inspection between 10 a.m. and noon and between 2 p.m. and 5 p.m. on any weekday (except Saturdays) at the offices of the Department of Employment, 8 St. James's Square, London SW1Y 4JB.