The Employment Protection (Continuity of Employment) Regulations 1993

Application

3.—(1) These Regulations apply to any action taken in relation to the dismissal of an employee which consists of–

(a) the presentation by him of a relevant complaint of dismissal, or

(b) his making a claim in accordance with a dismissal procedures agreement designated by an order under section 65 of the 1978 Act(1), or

(c) any action taken by a conciliation officer under his relevant conciliation powers, or

(d) the making of a relevant compromise contract.

(2) In this regulation–

“relevant complaint of dismissal” means a complaint under section 67 of the 1978 Act(2), a complaint under section 63 of the Sex Discrimination Act 1975(3) (“the 1975 Act”) arising out of a dismissal or a complaint under section 54 of the Race Relations Act 1976(4) (“the 1976 Act”) arising out of a dismissal;

“relevant compromise contract” means–

(a)

any agreement authorised by section 140(2)(fb) of the 1978 Act(5) to refrain from instituting or continuing any proceedings specified in section 134(1) of that Act before an industrial tribunal,

(b)

any contract authorised by section 77(4)(aa) of the 1975 Act(6) settling a complaint arising out of a dismissal, or

(c)

any contract authorised by section 72(4)(aa) of the 1976 Act(7) settling a complaint arising out of a dismissal;

“relevant conciliation powers” means section 134(3) of the 1978 Act(8), section 64(2) of the 1975 Act or section 55(2) of the 1976 Act.

(1)

Section 65 was amended by the Trade Union Reform and Employment Rights Act 1993 (c. 19), Schedule 8, paragraph 16.

(2)

Section 67 was amended by the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), Schedule 1, and section 67 was modified by section 239 of that Act which also provides that sections 237 and 238 shall be construed as one with Part V of the Employment Protection (Consolidation) Act 1978 (c. 44).

(3)

1975 c. 65.

(4)

1976 c. 74.

(5)

Section 140(2)(fb) was inserted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 39(1)(a).

(6)

Section 77(4)(aa) was inserted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), Schedule 6, paragraph 1(a).

(7)

Section 72(4)(aa) was inserted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), Schedule 6, paragraph 2(a).

(8)

Section 134(3) was amended by the Employment Act 1980 (c. 42), Schedule 1, paragraph 18.