Employment Protection (Consolidation) Act 1978
Act of the Parliament of the United Kingdom
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The Employment Protection (Consolidation) Act 1978 (c. 44) is an act of the Parliament of the United Kingdom which formed a central part of UK labour law. It consolidated two earlier pieces of legislation, the Contracts of Employment Act 1963 and the Redundancy Payments Act 1965.
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The act was partially repealed by the Employment Act 1982,[1] and the remaining clauses were repealed and replaced by the Employment Rights Act 1996.
Provisions
In 1994, the act was found to indirectly discriminate against women, and was therefore incompatible with European Community law.[2]
Religious ministers were not protected by the act.[3]
Ill-health was a permitted reason for dismissal.[4]
Repealed enactments
Section 159(3) of the act repealed 29 enactments, listed in schedule 17 to the act.[5]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 1964 c. 16 | Industrial Training Act 1964 | Section 12(2B), (3) and (4). |
| 1965 c. 62 | Redundancy Payments Act 1965 | Sections 1 to 26.
Sections 30 to 44. Sections 46 to 55 except section 55(6)(b). Sections 56 to 58. In section 59, subsection (2) and in subsection (3) the words " except the last preceding section ". Schedules 1 to 9. |
| 1967 c. 17 | Iron and Steel Act 1967 | In section 31, in subsection (3), paragraph (c) and all the words following paragraph (c), and subsections (4)(b) and (6). |
| 1967 c. 28 | Superannuation (Miscellaneous Provisions) Act 1967 | Section 9. |
| 1968 c. 13 | National Loans Act 1968 | In Schedule 1, the paragraph relating to the Redundancy Payments Act 1965. |
| 1969 c. 8 | Redundancy Rebates Act 1969 | The whole act. |
| 1969 c. 48 | Post Office Act 1969 | In Schedule 9, paragraph 34. |
| 1970 c. 41 | Equal Pay Act 1970 | Section 2(7). |
| 1971 c. 75 | Civil Aviation Act 1971 | In Schedule 9, paragraph 2. |
| 1972 c. 11 | Superannuation Act 1972 | In Schedule 6, paragraphs 54 and 55. |
| 1972 c. 53 | Contracts of Employment Act 1972 | The whole act. |
| 1972 c. 54 | British Library Act 1972 | In paragraph 13(2) of the Schedule, the definition of " the Act of 1963 ". |
| 1972 c. 58 | National Health Service (Scotland) Act 1972 | In Schedule 6, paragraph 130. |
| 1973 c. 32 | National Health Service Reorganisation Act 1973 | In Schedule 4, paragraph 106. |
| 1973 c. 38 | Social Security Act 1973 | In Schedule 27, paragraphs 54 to 59. |
| 1973 c. 50 | Employment and Training Act 1973 | In Schedule 2 in Part I, paragraph 15. |
| 1974 c. 52 | Trade Union and Labour Relations Act 1974 | In section 1(2), paragraphs (6) and (c) and, in paragraph (d), the references to sections 146, 148, 149, 150 and 151 of the 1971 Act.
In section 30(1), the definitions of " dismissal procedures agreement ", " position " and "job". In Schedule 1, paragraphs 4 to 16, 17(1), 18, 20 to 27 and 30, in paragraph 32, sub-paragraphs (1)(b) and (2)(b) to (e) and, in paragraph 33, sub-paragraphs (3)(c) and (d) and (4A). In Schedule 3, paragraph 16. In Schedule 4, paragraphs 1, 3 and 6(4). |
| 1975 c. 18 | Social Security (Consequential Provisions) Act 1975 | In Schedule 2, paragraphs 19 to 23. |
| 1975 c. 60 | Social Security Pensions Act 1975 | Section 30(5). |
| 1975 c. 71 | Employment Protection Act 1975 | Part II except section 40.
Section 108(2) to (8). Section 109. Section 112. In section 118(2), in paragraph (a) the words "section 22 above or " and " section 28 or, as the case may be," and paragraphs (b) and (c). In section 119— subsection (2); in subsection (3) the figures from "22" to "70"; in subsection (4) the figures from "22" to "81"; in subsection (5), the figures from " 22 " to " 81 "; in subsection (7) the figures " 22 " and " 29 "; subsections (8) to (11); in subsection (12) the figures from "59" to "81". Section 120. In section 121— in subsection (1), the reference to sections 47 and 63 to 69; in subsection (5), the reference to sections 47(3) and (4) and 68(3) and (4); subsection (8). In section 122(1), the words " Schedule 1 to the Contracts of Employment Act 1972 and Parts I and II of Schedule 1 to the 1974 Act"; and in paragraph (d), the words "paragraph 21(5)(c) of Schedule 1 to the 1974 Act and". In section 122, subsection (3), in subsection (4) the definition of " civil employment claim " and in subsection (5) the words from "and of the Redundancy" to "employment claim ". In section 123(2)(6) the words " 28 or ". In section 124, subsections (2) to (4). In section 126— in subsection (1), the definitions of " guarantee payment " and " maternity pay"; subsections (3) and (5). In section 127— in subsection (1), paragraphs (c) and (d); in subsection (3)(g), the words from " the following " to " also of". In section 128— in subsection (1), the words " or of the 1974 Act so far as it relates to unfair dismissal " and " and the 1974 Act"; subsection (2); in subsection (3), the words " and the relevant provisions of the 1974 Act" in both places where they occur, and the words " or the relevant provisions of the 1974 Act". Section 129(2). Schedules 2 to 6. In Schedule 12— in paragraph 1, the words from " and " to the end; paragraphs 8 to 12. In Schedule 16— Parts I and II; in Part III, paragraphs 8 to 30 and 34; in Part IV, paragraph 14. In Schedule 17, paragraphs 7 to 10,16 and 17. |
| 1976 c. 7 | Trade Union and Labour Relations (Amendment) Act 1976 | Section 1(e).
Section 3(5) and (6). |
| 1976 c. 68 | New Towns (Amendment) Act 1976 | In section 13(5), the words " sections 1 and 2 of ". |
| 1976 c. 71 | Supplementary Benefits Act 1976 | In Schedule 7, paragraph 40. |
| 1976 c. 74 | Race Relations Act 1976 | In Schedule 3, paragraphs 1(2), (3) and (4). |
| 1976 c. 79 | Dock Work Regulation Act 1976 | In section 14, subsections (1) to (5) and in subsection (6), paragraph (a) and so much of paragraph (b) as relates to sections 22, 29, 61, 64, 65 and 70 of the Employment Protection Act 1975.
In Schedule 1, paragraph 17(2). |
| 1977 c. 5 | Social Security (Miscellaneous Provisions) Act 1977 | Section 16. |
| 1977 c. 22 | Redundancy Rebates Act 1977 | The whole act. |
| 1977 c. 38 | Administration of Justice Act 1977 | Section 6.
Section 32(11). |
| 1977 c. 48 | Housing (Homeless Persons) Act 1977 | In section 14(4)(b), the words " sections 1 and 2 of ". |
See also
- United Kingdom labour law
- Polkey v AE Dayton Services Ltd - an unfair dismissal court case.