SCHEDULE 8 National Security
Employment Relations Act 1999 (1999 c 26) | Legislation

SCHEDULE 8 National Security

Section 41

1

The following shall be substituted for section 193 of the Employment Rights Act 1996 (national security)—

“193 National security

Part IVA and section 47B of this Act do not apply in relation to employment for the purposes of—

(a)     the Security Service,

(b)     the Secret Intelligence Service, or

(c)     the Government Communications Headquarters.â€

2

.Ìý.Ìý.

3

The following shall be substituted for section 10 of that Act (national security, &c)—

“10 National security

(1)     If on a complaint under—

(a)     section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (detriment: trade union membership), or

(b)     section 111 of the Employment Rights Act 1996 (unfair dismissal),

it is shown that the action complained of was taken for the purpose of safeguarding national security, the employment tribunal shall dismiss the complaint.

(2)     Employment tribunal procedure regulations may make provision about the composition of the tribunal (including provision disapplying or modifying section 4) for the purposes of proceedings in relation to which—

(a)     a direction is given under subsection (3), or

(b)     an order is made under subsection (4).

(3)     A direction may be given under this subsection by a

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