Section 38 — Employment Tribunals Act 1996: Crown employment.

Crown employment. 38 1 This Act has effect in relation to Crown employment and persons in Crown employment as it has effect in relation to other employment and other employees.

2 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.

3 For the purposes of the application of this Act in relation to Crown employment in accordance with subsection (1)—

a references to an employee shall be construed as references to a person in Crown employment, and b references to a contract of employment shall be construed as references to the terms of employment of a person in Crown employment.

4 Subsection (1) applies to—

a service as a member of the naval, military or air forces of the Crown, and b employment by an association established for the purposes of Part XI of the Reserve Forces Act 1996; but Her Majesty may by Order in Council make any provision of this Act apply to service as a member of the naval, military or air forces of the Crown subject to such exceptions and modifications as may be specified in the Order in Council.