Section 29 Meaning of trade dispute.

England, Wales and Scotland

(1)

In this Act “trade dispute” means a dispute F1between workers and their employer . . . F2 which F3relates wholly or mainly to one or more of the following, that is to say—

(a)

terms and conditions of employment, or the physical conditions in which any workers are required to work;

(b)

engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers;

(c)

allocation of work or the duties of employment as between workers or groups of workers;

(d)

matters of discipline;

(e)

the membership or non-membership of a trade union on the part of a worker;

(f)

facilities for officials of trade unions; and

(g)

machinery for negotiation or consultation, and other procedures, relating to any of the foregoing matters, including the recognition by employers or employers’ associations of the right of a trade union to represent workers in any such negotiation or consultation or in the carrying out of such procedures.

(2)

A dispute between a Minister of the Crown and any workers shall, notwithstanding that he is not the employer of those workers, be treated for the purposes of this Act as a dispute between F4those workers and their employer if the dispute relates—

(a)

to matters which have been referred for consideration by a joint body on which, by virtue of any provision made by or under any enactment, that Minister is represented; or

(b)

to matters which cannot be settled without that Minister exercising a power conferred on him by or under an enactment.

(3)

There is a trade dispute for the purposes of this Act even though it relates to matters F5occurring outside the United Kingdom, so long as the person or persons whose actions in the United Kingdom are said to be in contemplation or furtherance of a trade dispute relating to matters occurring outside the United Kingdom are likely to be affected in respect of one or more of the matters specified in subsection (1) of this section by the outcome of that dispute, . . . F6

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(5)

An act, threat or demand done or made by one person or organisation against another which, if resisted, would have led to a trade dispute with that other, shall, notwithstanding that because that other submits to the act or threat or accedes to the demand no dispute arises, be treated for the purposes of this Act as being done or made in contemplation of a trade dispute with that other.

(6)

In this section—

“employment” includes any relationship whereby one person personally does work or performs services for another;
F8“worker”, in relation to a dispute with an employer, means—

(a)

a worker employed by that employer; or

(b)

a person who has ceased to be employed by that employer where—

(i)

his employment was terminated in connection with the dispute; or

(ii)

the termination of his employment was one of the circumstances giving rise to the dispute.

(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Annotations

Textual amendments

F1: Words substituted by Employment Act 1982 (c. 46, SIF 43:5), s. 18(2)(a)
F2: Words repealed by Employment Act 1982 (c. 46, SIF 43:5), s. 18(2)(b)
F3: Words substituted by Employment Act 1982 (c. 46, SIF 43:5), s. 18(2)(c)
F4: Words substituted by Employment Act 1982 (c. 46, SIF 43:5), s. 18(3)
F5: Words substituted by Employment Act 1982 (c. 46, SIF 43:5), s. 18(4)
F6: Words repealed by Trade Union and Labour Relations (Amendment) Act 1976 (c. 7), s. 1(d)
F7: S. 29(4) repealed by Employment Act 1982 (c. 46, SIF 43:5), s. 18(5)
F8: Definition substituted by Employment Act 1982 (c. 46, SIF 43:5), s. 18(6)
F9: S. 29(7) repealed by Criminal Law Act 1977 (c. 45), Sch. 13

Notes on the whole Act

Textual amendments

F1: Act repealed N.I. (16.7.1992) (E.W.S.) (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.