Section 194 Employment Rights Act 1996

Section 194 of the Employment Rights Act 1996 is about House of Lords staff. It provides as follows:

(1)The provisions of this Act to which this section applies have effect in relation to employment as a relevant member of the House of Lords staff as they have effect in relation to other employment.

(2)This section applies to—

(a)Part I,

(aa)Part 2B,

(b)Part III,

(c)in Part V, sections 43M, 44, 45A, 47, 47C, 47D and 47E, and sections 48 and 49 so far as relating to those sections,

(ca)Part 5B,

(d) Part VI, apart from sections 58 to 60,

(e)Parts 6A to 8B,

(f)in Part IX, sections 92 and 93,

(g) Part X, apart from sections 101 and 102, and

(h)this Part and Parts XIV and XV.

(2A)For the purposes of the application of section 98B(2) in relation to a relevant member of the House of Lords staff, the reference to the employer’s undertaking shall be construed as a reference to the national interest or, if the case so requires, the interests of the House of Lords.

(3)For the purposes of the application of the other provisions of this Act to which this section applies in relation to a relevant member of the House of Lords staff references to an undertaking shall be construed as references to the House of Lords.

(4)Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Lords staff from bringing before the High Court or the county court—

(a)a claim arising out of or relating to a contract of employment or any other contract connected with employment, or

(b)a claim in tort arising in connection with employment.

(5)Where the terms of the contract of employment of a relevant member of the House of Lords staff 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)In this section “relevant member of the House of Lords staff” means any person who is employed under a contract of employment with the Corporate Officer of the House of Lords.

(7)For the purposes of the application of—

(a)the provisions of this Act to which this section applies, or

(b)a claim within subsection (4), in relation to a person continuously employed in or for the purposes of the House of Lords up to the time when he became so employed under a contract of employment with the Corporate Officer of the House of Lords, his employment shall not be treated as having been terminated by reason only of a change in his employer before or at that time.

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Source: legislation.gov.uk
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