Section 191 Crown employment.

England, Wales and Scotland

(1)

Subject to sections 192 and 193, the provisions of this Act to which this section applies have effect in relation to Crown employment and persons in Crown employment as they have effect in relation to other employment and other employees or workers.

(2)

This section applies to—

(a)

Parts I to III,

F1(aa)

Part IVA,

(b)

Part V, apart from section 45,

F2(ba)

Part 5B,

F3(c)

Parts 6 to F48B,

(d)

in Part IX, sections 92 and 93,

(e)

Part X, apart from section 101, and

(f)

this Part and Parts XIV and XV.

(3)

In this Act “Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by a statutory provision.

C1(4)

For the purposes of the application of provisions of this Act in relation to Crown employment in accordance with subsection (1)—

(a)

references to an employee or a worker shall be construed as references to a person in Crown employment,

(b)

references to a contract of employment, or a worker’s contract, shall be construed as references to the terms of employment of a person in Crown employment,

(c)

references to dismissal, or to the termination of a worker’s contract, shall be construed as references to the termination of Crown employment,

(d)

references to redundancy shall be construed as references to the existence of such circumstances as are treated, in accordance with any arrangements falling within section 177(3) for the time being in force, as equivalent to redundancy in relation to Crown employment, F5. . .

F6(da)

the reference in section 98B(2)(a) to the employer’s undertaking shall be construed as a reference to the national interest, and

(e)

F7any other reference to an undertaking shall be construed—

(i)

in relation to a Minister of the Crown, as references to his functions or (as the context may require) to the department of which he is in charge, and

(ii)

in relation to a government department, officer or body, as references to the functions of the department, officer or body or (as the context may require) to the department, officer or body.

(5)

Where the terms of employment of a person in Crown employment restrict his right to take part in—

(a)

certain political activities, or

(b)

activities which may conflict with his official functions,

nothing in section 50 requires him to be allowed time off work for public duties connected with any such activities.

(6)

Sections 159 and 160 are without prejudice to any exemption or immunity of the Crown.

Annotations

Textual amendments

F1: S. 191(1)(aa) inserted (2.7.1999) by 1998 c. 23, s. 10; S.I. 1999/1547, art. 2
F2: S. 191(2)(ba) inserted (24.7.2023) by Protection from Redundancy (Pregnancy and Family Leave) Act 2023 (c. 17), ss. 1(3), 3(2)
F3: S. 191(2)(c) substituted (6.4.2003) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 41; S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3
F4: Word in s. 191(2)(c) substituted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 9; S.I. 2023/1283, reg. 2
F5: Word in s. 191(4)(d) repealed (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1)(2), 59(2)-(4), Sch. 1 para. 34(2), Sch. 2; S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)
F6: S. 191(4)(da) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 34(2); S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)
F7: Words in s. 191(4)(e) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 34(3); S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)

Modifications

C1: S. 191(4) applied (31.3.2017) by The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), regs. 1(1), 2(2) (with reg. 2(4)(5))

Notes on the whole Act

Textual amendments

F1: Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)