The Employment Protection (Variation of Limits) Order 1992

Supplementary and transitional provisions

3.—(1) The variation specified in item 1 of the Table in article 2 above shall have effect as respects any day in respect of which an employee becomes entitled to a guarantee payment after this Order comes into force.

(2) The variation specified in item 2 of the Table in article 2 above shall have effect where the relevant date (as defined in section 122(2) of the 1978 Act(1)) falls after this Order comes into force.

(3) The variation specified in item 3 of the Table in article 2 above shall have effect as respects an employer’s failure to comply with an order for reinstatement or re-engagement where the date (specified under section 69(2)(c) or, as the case may be, section 69(4)(f) of the 1978 Act) by which the order must be complied with falls after this Order comes into force.

(4) The variation specified in item 4 of the Table in article 2 above shall have effect where the effective date of termination (as defined insection 55(4) or, where applicable, section 55(5) or 55(6) of the 1978 Act(2)) falls after this Order comes into force.

(5) The variations specified in items 3 and 4 of the Table in article 2 above shall have effect, as respects compensation awarded under section 5 of the Employment Act 1980(3) on a complaint under section 4 of that Act (unreasonable exclusion or expulsion from trade union), where the date of the refusal of the application for, or the expulsion from, membership of the trade union falls after this Order comes into force.

(6) The variation specified in item 4 of the Table in article 2 above shall have effect, as respects compensation awarded under section 5 of the Employment Act 1988(4) on a complaint under section 4 of that Act (unjustifiable discipline by a trade union), where the date of the determination which constitutes an infringement of the claimant’s right falls after this Order comes into force.

(7) The variation specified in item 5 of the Table in article 2 above shall have effect—

(a) as respects lay-off or a keeping on short-time where the relevant date (as defined in section 90(2) of the 1978 Act) falls after this Order comes into force; and

(b) as respects a dismissal where the relevant date (as defined insection 90(1) or 90(3) of the 1978 Act) falls after this Order comes into force.

(8) Nothing in this Order affects any limit otherwise than as provided by the foregoing provisions of this article and accordingly the limits operative under the Order mentioned in article 1(2) above continue to apply in cases not falling within those provisions.

(1)

Section 122(2) was amended by section 218(3) of the Insolvency Act 1985 (c. 65).

(2)

Section 55(5) was amended, and section 55(6) inserted, by paragraph 1 of Schedule 3 to the Employment Act 1982.

(3)

1980 c. 42.

(4)

1988 c. 19.