Employment Relations Act 1999

4 (1) Section 239 (supplementary provisions relating to unfair dismissal) shall be amended as follows. E+W+S

(2) In subsection (1) for “Sections 237 and 238” there shall be substituted “ Sections 237 to 238A ”.

(3) At the end of subsection (1) there shall be added “ ; but sections 108 and 109 of that Act (qualifying period and age limit) shall not apply in relation to section 238A of this Act. ”

(4) In subsection (2) after “section 238” there shall be inserted “ or 238A ”.

(5) At the end there shall be added—

“(4) In relation to a complaint under section 111 of the 1996 Act (unfair dismissal: complaint to employment tribunal) that a dismissal was unfair by virtue of section 238A of this Act—

(a) no order shall be made under section 113 of the 1996 Act (reinstatement or re-engagement) until after the conclusion of protected industrial action by any employee in relation to the relevant dispute,

(b) regulations under section 7 of the Employment Tribunals Act 1996 may make provision about the adjournment and renewal of applications (including provision requiring adjournment in specified circumstances), and

(c) regulations under section 9 of that Act may require a pre-hearing review to be carried out in specified circumstances.”