Section 195A — Trade Union and Labour Relations (Consolidation) Act 1992: Construction of references to threshold number of employees

Construction of references to threshold number of employees 195A 1 In this Chapter references to the threshold number of employees are references to the number of employees determined in accordance with regulations made by the Secretary of State under this section.

2 Regulations under this section may (among other things) provide that the number is—

a a specified number;

b a number determined by reference to a specified percentage of employees;

c a number that is the highest or lowest of two or more numbers, whether those numbers are specified numbers, determined by reference to a specified percentage of employees, or determined in another way specified in the regulations.

3 But the regulations may not provide in any case for the threshold number of employees to be lower than 20.

4 For the purposes of determining a number by reference to a specified percentage of employees, the regulations may make provision for determining how many employees an employer has, including (among other things)—

a provision about the time by reference to which that determination is to be made;

b provision excluding employees of a specified description from being taken into account in that determination.

5 Regulations under this section may make different provision for different purposes, including (among other things)—

a different provision in respect of different provisions of this Chapter;

b different provision in respect of different descriptions of employer.

6 Regulations under this section may contain such incidental, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient.

7 Regulations under this section are to be made by statutory instrument.

8 A statutory instrument containing regulations under this section (whether alone or with other provision) may not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

9 In this section “ specified ” means specified in the regulations.