Employment Rights Act 1996, section 191

Crown employment

Part XIII Miscellaneous

(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,

[F931 (aa)Part IVA,F931]

(b)Part V, apart from section 45,

[F932 (ba)Part 5B,F932]

[F933 (c)Parts 6 to [F934 8B,F934,F933]]

(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.

(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)F935references 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, . . .

[F936 (da)the reference in section 98B(2)(a) to the employer’s undertaking shall be construed as a reference to the national interest, andF936]

(e)[F937 any other referenceF937] 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.

Definitions used in section 191 7

employment

(5) In this Act “employment”—

(a)in relation to an employee, means (except for the purposes of section 171) employment under a contract of employment, and

(b)in relation to a worker, means employment under his contract;

Defined in s.230(5) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
employee

(1) In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.

Defined in s.230(1) · see it in the full Act
worker

(3) In this Act “worker” (except in the phrases “shop worker” and “betting worker”) means an individual who has entered into or works under (or, where the employment has ceased, worked under)—

(a)a contract of employment, or

(b)any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;

Defined in s.230(3) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
statutory provision

“statutory provision” means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or special nature,

Defined in s.235(1) · see it in the full Act
contract of employment

(2) In this Act “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.

Defined in s.230(2) · see it in the full Act
worker’s contract

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
employer

(4) In this Act “employer”, in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed.

Defined in s.230(4) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act

Cases considering section 191 5

Gilham v Ministry of Justice

[2019] UKSC 44 · 16 October 2019Interprets

The provision extends specified employment rights to Crown employment and persons in Crown employment. It did not protect judges because they did not satisfy the statutory definition of Crown employment. (see paras [22]-[24]) The provision confirms that Part IVA is among the rights capable of applying to persons in Crown employment. The court did not need to decide the full range of rights thereby conferred. (see para [22]) Employment under this definition is not confined to contractual employment. Judges nevertheless work neither under nor for the purposes of a government department or the statutory functions of the Lord Chief Justice. (see paras [23]-[24])

Booley v British Army MOD

[2012] UKEAT 1821_11_1907 · 19 July 2012

Section 191 applies specified Employment Rights Act provisions to Crown employment, subject to section 192. The court applied that structure when determining whether the claimant could bring ordinary employment claims. (see paras [8]; [16])

Crosbie v Secretary of State for Defence

[2011] EWHC 879 (Admin) · 7 April 2011Limits

The current and prospective versions are considered in deciding whether armed-forces personnel have statutory unfair-dismissal protection. The court treats the contingent prospective scheme as insufficient to establish an existing right. (see paras [47]-[48]; [98]-[101])

1 more judgment, and what each says about section 191, are in the case-law panel in the full Act.

Amendments and notes

8 notes from legislation.gov.uk

Amendments

  1. F931S. 191(1)(aa) inserted (2.7.1999) by 1998 c. 23, s. 10; S.I. 1999/1547, art. 2
  2. F932S. 191(2)(ba) inserted (24.7.2023) by Protection from Redundancy (Pregnancy and Family Leave) Act 2023 (c. 17), ss. 1(3), 3(2)
  3. F933S. 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
  4. F934Word 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
  5. F935Word 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)
  6. F936S. 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)
  7. F937Words 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

  1. C186S. 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))