The Employment Protection (Consolidation) Act 1978 (c. 44) is an act of the Parliament of the United Kingdom which formed a central part of UK labour law. It consolidated two earlier pieces of legislation, the Contracts of Employment Act 1963 and the Redundancy Payments Act 1965.
The act was partially repealed by the Employment Act 1982,UK Legislation, Employment Protection (Consolidation) Act 1978, Section 7, accessed on 30 May 2025 and the remaining clauses were repealed and replaced by the Employment Rights Act 1996.
Provisions In 1994, the act was found to indirectly discriminate against women, and was therefore incompatible with European Community law.
Religious ministers were not protected by the act.
Ill-health was a permitted reason for dismissal.
Repealed enactments Section 159(3) of the act repealed 29 enactments, listed in schedule 17 to the act. CitationShort titleExtent of repeal1964 c. 16Industrial Training Act 1964Section 12(2B), (3) and (4).1965 c. 62Redundancy Payments Act 1965Sections 1 to 26.
Sections 30 to 44.
Sections 46 to 55 except section 55(6)(b).
Sections 56 to 58.
In section 59, subsection (2) and in subsection (3) the words " except the last preceding section ".
Schedules 1 to 9.1967 c. 17Iron and Steel Act 1967In section 31, in subsection (3), paragraph (c) and all the words following paragraph (c), and subsections (4)(b) and (6).1967 c. 28Superannuation (Miscellaneous Provisions) Act 1967Section 9.1968 c. 13National Loans Act 1968In Schedule 1, the paragraph relating to the Redundancy Payments Act 1965.1969 c. 8Redundancy Rebates Act 1969The whole act.1969 c. 48Post Office Act 1969In Schedule 9, paragraph 34.1970 c. 41Equal Pay Act 1970Section 2(7).1971 c. 75Civil Aviation Act 1971In Schedule 9, paragraph 2.1972 c. 11Superannuation Act 1972In Schedule 6, paragraphs 54 and 55.1972 c. 53Contracts of Employment Act 1972The whole act.1972 c. 54British Library Act 1972In paragraph 13(2) of the Schedule, the definition of " the Act of 1963 ".1972 c. 58National Health Service (Scotland) Act 1972In Schedule 6, paragraph 130.1973 c. 32National Health Service Reorganisation Act 1973In Schedule 4, paragraph 106.1973 c. 38Social Security Act 1973In Schedule 27, paragraphs 54 to 59.1973 c. 50Employment and Training Act 1973In Schedule 2 in Part I, paragraph 15.1974 c. 52Trade Union and Labour Relations Act 1974In section 1(2), paragraphs (6) and (c) and, in paragraph (d), the references to sections 146, 148, 149, 150 and 151 of the 1971 Act.
In section 30(1), the definitions of " dismissal procedures agreement ", " position " and "job".
In Schedule 1, paragraphs 4 to 16, 17(1), 18, 20 to 27 and 30, in paragraph 32, sub-paragraphs (1)(b) and (2)(b) to (e) and, in paragraph 33, sub-paragraphs (3)(c) and (d) and (4A).
In Schedule 3, paragraph 16.
In Schedule 4, paragraphs 1, 3 and 6(4).1975 c. 18Social Security (Consequential Provisions) Act 1975In Schedule 2, paragraphs 19 to 23.1975 c. 60Social Security Pensions Act 1975Section 30(5).1975 c. 71Employment Protection Act 1975Part II except section 40. Section 108(2) to (8).
Section 109.
Section 112.
In section 118(2), in paragraph (a) the words "section 22 above or " and " section 28 or, as the case may be," and paragraphs (b) and (c).
In section 119—
subsection (2);
in subsection (3) the figures from "22" to "70"; in subsection (4) the figures from "22" to "81"; in subsection (5), the figures from " 22 " to " 81 "; in subsection (7) the figures " 22 " and " 29 "; subsections (8) to (11); in subsection (12) the figures from "59" to "81".
Section 120.
In section 121—
in subsection (1), the reference to sections 47 and 63 to 69;
in subsection (5), the reference to sections 47(3) and (4) and 68(3) and (4); subsection (8).
In section 122(1), the words " Schedule 1 to the Contracts of Employment Act 1972 and Parts I and II of Schedule 1 to the 1974 Act"; and in paragraph (d), the words "paragraph 21(5)(c) of Schedule 1 to the 1974 Act and".
In section 122, subsection (3), in subsection (4) the definition of " civil employment claim " and in subsection (5) the words from "and of the Redundancy" to "employment claim ".
In section 123(2)(6) the words " 28 or ".
In section 124, subsections (2) to (4).
In section 126—
in subsection (1), the definitions of " guarantee payment " and " maternity pay";
subsections (3) and (5).
In section 127—
in subsection (1), paragraphs (c) and (d);
in subsection (3)(g), the words from " the following " to " also of".
In section 128—
in subsection (1), the words " or of the 1974 Act so far as it relates to unfair dismissal " and " and the 1974 Act";
subsection (2); in subsection (3), the words " and the relevant provisions of the 1974 Act" in both places where they occur, and the words " or the relevant provisions of the 1974 Act".
Section 129(2).
Schedules 2 to 6.
In Schedule 12—
in paragraph 1, the words from " and " to the end;
paragraphs 8 to 12.
In Schedule 16—
Parts I and II;
in Part III, paragraphs 8 to 30 and 34; in Part IV, paragraph 14.
In Schedule 17, paragraphs 7 to 10,16 and 17.1976 c. 7Trade Union and Labour Relations (Amendment) Act 1976Section 1(e).
Section 3(5) and (6).1976 c. 68New Towns (Amendment) Act 1976In section 13(5), the words " sections 1 and 2 of ".1976 c. 71Supplementary Benefits Act 1976In Schedule 7, paragraph 40.1976 c. 74Race Relations Act 1976In Schedule 3, paragraphs 1(2), (3) and (4).1976 c. 79Dock Work Regulation Act 1976In section 14, subsections (1) to (5) and in subsection (6), paragraph (a) and so much of paragraph (b) as relates to sections 22, 29, 61, 64, 65 and 70 of the Employment Protection Act 1975.
In Schedule 1, paragraph 17(2).1977 c. 5Social Security (Miscellaneous Provisions) Act 1977Section 16.1977 c. 22Redundancy Rebates Act 1977The whole act.1977 c. 38Administration of Justice Act 1977Section 6.
Section 32(11).1977 c. 48Housing (Homeless Persons) Act 1977In section 14(4)(b), the words " sections 1 and 2 of ".
See also United Kingdom labour law Polkey v AE Dayton Services Ltd - an unfair dismissal court case.
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