Employment Tribunals Act 1996, section 39

Parliamentary staff

Part III General and Supplementary

(1)This Act has effect in relation to employment as a relevant member of the House of Lords staff or a relevant member of the House of Commons staff as it has effect in relation to other employment.

(2)Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Lords staff or a relevant member of the House of Commons staff from bringing before an [F353employment tribunalF353] proceedings of any description which could be brought before such a tribunal by a person who is not a relevant member of the House of Lords staff or a relevant member of the House of Commons staff.

(3)For the purposes of the application of this Act in relation to a relevant member of the House of Commons staff—

(a)references to an employee shall be construed as references to a relevant member of the House of Commons staff, and

(b)references to a contract of employment shall be construed as including references to the terms of employment of a relevant member of the House of Commons staff.

(4) In this Act “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.

(5) M27 In this Act “relevant member of the House of Commons staff” has the same meaning as in section 195 of the Employment Rights Act 1996 ; and (subject to an Order in Council under subsection (12) of that section)—

(a)subsections (6) and (7) of that section have effect for determining who is the employer of a relevant member of the House of Commons staff for the purposes of this Act, and

(b)subsection (8) of that section applies in relation to proceedings brought by virtue of this section.

Definitions used in section 39 5

employment

“employment” means employment under a contract of employment and “employed” shall be construed accordingly,

Defined in s.42(1) · see it in the full Act
employee

“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.42(1) · see it in the full Act
contract of employment

“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.42(1) · see it in the full Act
employed

“employment” means employment under a contract of employment and “employed” shall be construed accordingly,

Defined in s.42(1) · see it in the full Act
employer

“employer”, in relation to an employee, means the person by whom the employee is (or, where the employment has ceased, was) employed,

Defined in s.42(1) · see it in the full Act

Cases considering section 39 3

M Mulumba v Partners Group (UK) Limited & Anor

[2026] EWCA Civ 30 · 27 January 2026

Confirms that the statutory rule-making power may prescribe how and when an appeal is brought, supporting the validity of the EAT’s time and documentary rules. (see para [48])

Reza Melki v Bouygues E and S Contracting UK Ltd

[2025] EWCA Civ 585 · 9 May 2025

The provision confirms that Employment Appeal Tribunal rules may prescribe the manner and time in which an appeal may be brought. (See para [8].)

Claudia Davies v BMW (UK) Manufacturing Ltd

[2025] EWCA Civ 356 · 28 March 2025

The court noted that rules made under this provision may prescribe how and within what time an appeal to the EAT is brought. (see para [10])

What each judgment says about section 39 is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F353Words in s. 39(2) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Marginal citations

  1. M271996 c. 18.