Volunteers Employment Protection Act 1973

2 Interpretation

  • (1) In this Act, unless the context otherwise requires,—

    Armed Forces—

    • (b) includes any branch, corps, command, formation, unit, or other part of the Armed Forces within the meaning of the Defence Act 1990; but

    • (c) does not include any part of the cadet forces

    chief executive means the chief executive of the department

    department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    employee has the same meaning as in section 6 of the Employment Relations Act 2000

    employment agreement has the meaning given to that term in section 5 of the Employment Relations Act 2000 and, for the avoidance of doubt, includes any employment contract that continues in force under section 242 of the Employment Relations Act 2000

    Employment Court means the Employment Court constituted under the Employment Relations Act 2000

    Employment Relations Authority means the Employment Relations Authority established under the Employment Relations Act 2000

    Labour Inspector means a Labour Inspector designated under section 223 of the Employment Relations Act 2000

    protected voluntary service or training—

    • (a) means voluntary service or training in the Armed Forces necessitating an absence from employment (other than during a period of holiday or leave to which the employee is entitled other than by virtue of this Act) for a period or periods of—

      • (i) whole-time service in the form of 1 or more periods of continuous service or training not exceeding in the aggregate 3 months in any training year with the Armed Forces; and

      • (ii) part-time service in the form of annual, special, weekend, and evening service or training, not exceeding in the aggregate 3 weeks in any training year; and

    • (b) includes—

      • (i) any period or periods spent in travelling to and from any place of service or training:

      • (ii) any period or periods during which a volunteer is prevented from resuming employment after service or training because of sickness or any reasonable cause attributable to the service or training; but

    • (c) does not include any service that, even though it necessitates an absence from employment, is service in respect of which leave may be granted under Part 2 or Part 3

    reserve forces has the meaning given to that term by section 2(1) of the Defence Act 1990

    State employee means—

    • (b) every person whose rate of remuneration is determined under any of the provisions of Part 4 of the Policing Act 2008:

    • (c) every person employed in the State services whose remuneration is determined by the Remuneration Authority

    State services has the meaning given to that term by section 2 of the State Sector Act 1988

    territorial forces has the meaning given to that term by section 2(1) of the Defence Act 1990

    training year means the period commencing on 1 July in one year and ending with 30 June in the following year, both dates inclusive

    undertaking includes any business, whether carried on by way of trade or not, and the activities of any body of persons, whether incorporated or not

    union means a union registered under the Employment Relations Act 2000

    volunteers leave—

    • (a) means leave to which an employee is entitled in accordance with Part 1 or Part 2 or Part 3; and

    • (b) includes leave of the kind described in paragraph (a) to which an employee is entitled by virtue of—

      • (i) any Act other than this Act; or

      • (ii) any employment agreement.

    (2) Where it is necessary, for the purposes of applying any of the provisions of sections 7A, 14H(b), and 14R, to ascertain, in relation to any of the circumstances mentioned in clauses 1 to 5 of Schedule 2,—

    • (a) whether any employee has remained in the employment of the same employer during any period of time; or

    • (b) whether any employee has resumed employment with the same employer,—

    the provisions of that schedule apply.

    Section 2: substituted, on 1 April 2004, by section 4 of the Volunteers Employment Protection Amendment Act 2004 (2004 No 12).

    Section 2(1) State employee paragraph (b): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).