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Employment Relations Act 1999 (Commencement No. 2 and Transitional and Saving Provisions) Order 1999

As Enacted Cited authorities 46 Cited in Amendments 2 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1999/2830
Year1999

1999 No. 2830 (C. 72)

TERMS AND CONDITIONS OF EMPLOYMENT

The Employment Relations Act 1999 (Commencement No. 2 and Transitional and Saving Provisions) Order 1999

Made 14th October 1999

The Secretary of State in exercise of the powers conferred on him by section 45 of the Employment Relations Act 19991hereby makes the following Order:

S-1 Citation and interpretation

Citation and interpretation

1.—(1) This Order may be cited as the Employment Relations Act 1999 (Commencement No. 2 and Transitional and Saving Provisions) Order 1999.

(2) In this Order—

“the Act” means the Employment Relations Act 1999;

“the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 19922;

“the 1996 Act” means the Employment Rights Act 19963;

“ACAS” means the Advisory, Conciliation and Arbitration Service.

S-2 Commencement

Commencement

2.—(1) The provisions of the Act specified in Part I of Schedule 1 to this Order shall come into force on 25th October 1999.

(2) The provisions of the Act specified in Part II of Schedule 1 to this Order shall come into force on 15th December 1999.

(3) Section 44 and the repeals specified in column 3 of Schedule 9 to the Act shall come into force—

(a)

(a) to the extent specified in column 3 of Part 1 of Schedule 2 to this Order, on 25th October 1999; and

(b)

(b) to the extent specified in column 3 of Part II of Schedule 2 to this Order, on 15th December 1999.

S-3 Transitional and saving provisions

Transitional and saving provisions

3. The transitional and saving provisions in Schedule 3 to this Order shall have effect.

Alan Johnson

Parliamentary Under Secretary of Statefor Competitiveness

Department of Trade and Industry

14th October 1999

SCHEDULE 1

Article 2(1) and (2)

SCHEDULE 1

1 PROVISIONS COMING INTO FORCE ON 25th OCTOBER 1999

PART I

PROVISIONS COMING INTO FORCE ON 25th OCTOBER 1999

Provision(s)

Subject Matter of Provisions(s)

Section 2 and Schedule 2

Detriment related to union membership

Section 3

Blacklists

Subsections (1) to (3) of section 13

Definitions for the purpose of the right to be accompanied

Subsections (1) to (5) of section 18

Agreement to exclude dismissal rights

Section 19 to 21

Part-time work

Section 22

National minimum wage: communities

Section 23

Power to confer rights on individuals

Section 26

ACAS: general duty

Section 27

ACAS: reports

Section 28

Abolition of Commissioners

Section 29 and Schedule 6

The Certification Officer

Section 30

Partnerships at work

Section 31 and in Schedule 7, paragraphs 1, 2, 5 (to the extent that it inserts section 11A into the Employment Agencies Act 19734), 6 and 8

Section 32

Employment outside Great Britain

Section 33

Unfair Dismissal: special and additional awards

Subsection (4) of section 34

Indexation of amounts &c

Section 35

Guarantee payments

In section 36, subsection (1), to the extent that it repeals (in paragraphs (b)) section 159(1)(b) of the 1992 Act

Sections 33 to 35: consequential

Section 37

Compensatory award etc: removal of limit in certain cases

Section 39

Minimum wage: information

Section 40

Dismissal of school staff

Section 43

Finance
2 PROVISIONS COMING INTO FORCE ON 15th DECEMBER 1999

PART II

PROVISIONS COMING INTO FORCE ON 15th DECEMBER 1999

Section 7 and Part I of Schedule 4

Maternity and parental leave

Section 8 and Part II of Schedule 4

Time off for dependants

Section 9 and Part III of Schedule 4

Consequential amendments

SCHEDULE 2

Article 2(3)

SCHEDULE 2

1 REPEALS COMING INTO FORCE ON 25th OCTOBER 1999

PART I

REPEALS COMING INTO FORCE ON 25th OCTOBER 1999

AGREEMENT TO EXCLUDE DISMISSAL RIGHTS

Chapter

Short title

Extent of repeal

1996 c. 18.

Employment Rights Act 1996.

In section 44(4), the word from the beginning to “the dismissal,”.

In section 45A(4), the words from “, unless” to the end.

In section 46(2), the words from the beginning to “the dismissal,”.

In section 47(2), the words from the beginning to “the dismissal,”.

In section 47A(2), the words from the beginning to “the dismissal,”.

In section 47B(2), the words from the beginning to “the dismissal,”.

Section 197(1) and (2).

In section 197(4), the words “(1) or”.

In section 203(2)(d), the words “(1) or”.

In section 209(2)(g), the words “and 197(1)”.

1999 c. 26.

Employment Relations Act 1999.

Section 18(6).

POWER TO CONFER RIGHTS ON INDIVIDUALS

1996 c. 18

Employment Rights Act 1996.

Section 209(7).

ACAS: GENERAL DUTY

1992 c. 52.

Trade Union and Labour Relations (Consolidation) Act 1992.

In section 209, the words from “, in particular” to the end.

1993 c. 19.

Trade Union Reform and Employment Rights Act 1993.

Section 43(1).

COMMISSIONERS

1967 c. 13.

Parliamentary Commissioner Act 1967.

In Schedule 2, the entries relating to—

the Office of the Commissioner for Protection Against Unlawful Industrial Action, and

the Office of the Commissioner for the Rights of Trade Union Members.

1975 c. 24.

House of Commons Disqualification Act 1975.

In Part III of Schedule 1, the entries relating to—

the Commissioner for Protection Against Unlawful Industrial Action, and

the Commissioner for the Rights of Trade Union Members.

1975 c. 25.

Northern Ireland Assembly Disqualification Act 1975.

In Part III of Schedule 1, the entries relating to—

the Commissioner for Protection Against Unlawful Industrial Action, and

the Commissioner for the Rights of Trade Union Members.

1992 c. 52.

Trade Union and Labour Relations (Consolidation) Act 1992.

In section 65(3), the words “the Commissioner for the Rights of Trade Union Members or”.

In Part 1, Chapter VIII.

Sections 235B and 235C.

Section 266 (and the heading immediately preceding it) and sections 267 to 271.

In Schedule 2, paragraphs 1 and 4(4).

1993 c. 19.

Trade Union Reform and Employment Rights Act 1993.

In Schedule 7, paragraph 20.

In Schedule 8, paragraphs 2, 6, 7, 58 to 60 and 79 to 84.

THE CERTIFICATION OFFICER

1992 c. 52.

Trade Union and Labour Relations (Consolidation) Act 1992.

In section 24(6), the second sentence.

In section 24A(6), the second sentence.

In section 25(2)(b), the words “where he considers it appropriate,”.

Section 26(2).

In section 45C(2)(a), the words “, where he considers it appropriate,” and section 45C(3) and (4).

In section 54(1), the second sentence.

In section 55(2)(b), the words “where he considers it appropriate,”.

Section 56(2).

In section 79(1), the second sentence.

In section 80(2)(b), the words “where he considers it appropriate,”.

Section 81(2).

EMPLOYMENT RIGHTS: EMPLOYMENT OUTSIDE GREAT BRITAIN

1996 c. 18.

Employment Rights Act 1996.

Section 196.

In section 199(6), the words “Section 196(6) does not apply to an employee, and”.

In section 201(3)(g), the word “196”.

Section 204(2).

In section 209(2)(g), the words “196(1) and”.

In section 209(5), the words “, 196(2), (3) and (5)”.

SECTIONS 33 TO 36

1992 c. 52.

Trade Union and Labour Relations (Consolidation) Act 1992.

Section 157.

Section 158.

In section 159, subsection (1)(b).

1996 c. 18.

Employment Rights Act 1996.

In section 117, subsection (4)(b) and the word “or” before it, and subsections (5) and (6).

Section 118(2) and (3).

Section 125.

1998 c. 8.

Employment Rights (Dispute Resolution) Act 1998.

Section 14(1).

COMPENSATORY AWARD: REMOVAL OF LIMIT IN CERTAIN CASES

1996 c. 18.

Employment Rights Act 1996.

In section 112(4), the words “or in accordance with regulations under section 127B”.

In section 117(2) and (3), the words “and to regulations under section 127B”.

In section 118(1), the words “Subject to regulations under section 127B,”.

Section 127B.

1998 c. 23.

Public Interest Disclosure Act 1998.

Section 8.

Section 18(4)(b).
2 REPEALS COMING INTO FORCE ON 15th DECEMBER 1999

PART II

REPEALS COMING INTO FORCE ON 15th DECEMBER 1999

LEAVE FOR FAMILY REASONS ETC.

1996 c. 17.

Employment Tribunals Act 1996.

In section 13(2)—

the word “or” after paragraph (a), paragraph (b), and the words “, or which she held before her absence,”.

1996 c. 18.

Employment Rights Act 1996.

In section 37, subsection (4), the word “and” after subsection (5)(a), and subsection (5)(b).

In section 43, subsection (4), the word “and” after subsection (5)(a), and subsection (5)(b).

Section 96.

Section 97(6).

Section 98(5).

Section 105(2).

Section 108(3)(a).

Section 109(2)(a).

Section 114(5).

Section 115(4).

In section 118(1)(b), the word “, 127”.

Section 119(6).

Section 127.

Section 137.

Section 145(7).

Section 146(3).

Section 156(2).

Section 157(6).

Section 162(7).

In section 199, the words “(subject to subsection (3))” in subsection (2), and subsection (3).

In section 200(1), the words “and section 137”.

Section 209(6).

In section 212—

subsection (2),

In subsection (3), the word “or” after paragraph (c), and paragraph (d),

In subsection (4), the words “or (subject to subsection (2)) subsection (3)(d)”.

Section 226(3)(a) and (5)(a).

In section 235(1), the definitions of “maternity leave period” and “notified date of return”.

S.I. 1994/2479.

Maternity (Compulsory Leave) Regulations 1994.

The whole instrument.

SCHEDULE 3

Article 3

TRANSITIONAL AND SAVING PROVISIONS

SCH-3.1

1. Detriment relating to trade union membership

(1) The amendments to sections 146 to 150 of the 1992 Act made by Schedule 2 to the Act (union membership: detriment) shall have effect only in relation to an act or failure to act which takes place on or after 25th October 1999.

(2) For the purposes of sub-paragraph (1)—

(a)

(a) where an act extends over a period, the reference to the date of the act is a reference to the last day of that period; and

(b)

(b) a failure to act is to be treated as done when it was decided on.

(3) For the purposes of sub-paragraph (2), in the absence of evidence establishing the contrary an employer shall be taken to decide on a failure...

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