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The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018
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- UK Statutory Instruments
- 2018 No. 1298
- PART 4
- Regulation 146
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Provisions in respect of amendments made to the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009U.K.
This section has no associated Explanatory Memorandum
146.—(1) Despite the revocations and amendments made by these Regulations, an employee who was a member of a special negotiating body before [F1IP completion day]—
(a)may after [F2IP completion day] present a complaint to an employment tribunal under regulation 28 (right to time off: complaints to tribunals) of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009, and regulation 28A (extension of time limit to facilitate conciliation before institution of proceedings) applies accordingly, that the employer—
(i)has unreasonably refused to permit the employee to take time off as required under regulation 26 (right to time off for members of special negotiating body etc.), or
(ii)has failed to pay the whole or any part of any amount to which the employee is entitled under regulation 27 (right to remuneration for time off under regulation 26),
provided the complaint is in respect of a time off before [F2IP completion day];
(b)who is dismissed, is to be regarded as unfairly dismissed within the terms of regulation 29(2) and (3) (unfair dismissal), and regulation 30 (subsidiary provisions relating to unfair dismissal) applies accordingly, provided the reason (or, if more than one, the principal reason) for the dismissal occurred before [F3IP completion day];
(c)has the right not to be subjected to any detriment within the terms of regulation 31(2) and (3) (detriment), and regulation 32 (detriment: enforcement and subsidiary provisions) applies accordingly, provided the grounds for the detriment occurred before [F4IP completion day].
Textual Amendments
F1Words in reg. 146(1) substituted (31.12.2020 immediately before IP completion day) by The Companies and Statutory Auditors etc. (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/523), regs. 1(2), 5(g)(i)
F2Words in reg. 146(1)(a) substituted (31.12.2020 immediately before IP completion day) by The Companies and Statutory Auditors etc. (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/523), regs. 1(2), 5(g)(ii)
F3Words in reg. 146(1)(b) substituted (31.12.2020 immediately before IP completion day) by The Companies and Statutory Auditors etc. (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/523), regs. 1(2), 5(g)(iii)
F4Words in reg. 146(1)(c) substituted (31.12.2020 immediately before IP completion day) by The Companies and Statutory Auditors etc. (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/523), regs. 1(2), 5(g)(iv)
Commencement Information
I1Reg. 146 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
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