Employment Protection (Consolidation) Act 1978

133 General provisions as to conciliation officers. E+W+S

(1) The provisions of subsections (2) to (6) shall have effect in relation to industrial tribunal proceedings, or claims which could be the subject of tribunal proceedings,—

(a) arising out of a contravention, or alleged contravention, of any of the following provisions of this Act, that is to say, sections 8, 12, 19, [F1 22A]. . . 29, 31, [F2 31A,][F3 46, 47,] and 53; or

[F4 (aa) arising out of a contravention, or alleged contravention, of paragraph 10 of Schedule 5A to the Betting, Gaming and Lotteries Act 1963; or]

(b) arising out of a contravention, or alleged contravention, F5 . . . of a provision of any other Act specified by an order under subsection (7) as one to which this paragraph applies; or

(c) which are proceedings F6 . . .in respect of which an industrial tribunal has jurisdiction by virtue of an order under section 131; [F7 or

F8 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 (e) arising out of a contravention, or alleged contravention, of section 1(1) or (2) or section 2(1) or 3(4) of the Wages Act 1986.][F10 ; or]

F11 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13 (ee) arising out of a contravention, or alleged contravention, of paragraph 10 of Schedule 4 to the Sunday Trading Act 1994.]

(2) Where a complaint has been presented to an industrial tribunal, and a copy of it has been sent to a conciliation officer, it shall be the duty of the conciliation officer—

(a) if he is requested to do so by the complainant and by the person against whom the complaint is presented, or

(b) if, in the absence of any such request, the conciliation officer considers that he could act under this subsection with a reasonable prospect of success,

to endeavour to promote a settlement of the complaint without its being determined by an industrial tribunal.

(3) Where at any time—

(a) a person claims that action has been taken in respect of which a complaint could be presented by him to an industrial tribunal, but

(b) before any complaint relating to that action has been presented by him,

a request is made to a conciliation officer (whether by that person or by the person against whom the complaint could be made) to make his services available to them, the conciliation officer shall act in accordance with subsection (2) as if a complaint has been presented to an industrial tribunal.

(4) Subsections (2) and (3) shall apply, with appropriate modifications, to the presentation of a claim and the reference of a question to an industrial tribunal as they apply to the presentation of a complaint.

(5) In proceeding under subsection (2) or (3) a conciliation officer shall, where appropriate, have regard to the desirability of encouraging the use of other procedures available for the settlement of grievances.

(6) Anything communicated to a conciliation officer in connection with the performance of his functions under this section shall not be admissible in evidence in any proceedings before an industrial tribunal, except with the consent of the person who communicated it to that officer.

(7) The Secretary of State may by order—

(a) direct that further provisions of this Act be added to the list in subsection (1)(a);

(b) specify a provision of any other Act as one to which subsection (1)(b) applies.]

Textual Amendments

F1 Words in s. 133(1)(a) inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 20(a); S.I. 1993/1908, art. 2(1), Sch. 1.

F2 Words inserted by Employment Act 1980 (c. 42, SIF 43:5), Sch. 1 para. 17

F3 Words in s. 133(1)(a) inserted (10.6.1994) by 1993 c. 19, s. 49(2), Sch. 8 para. 20(b); S.I. 1994/1365, art. 2, Sch.

F4 S. 133(1)(aa) inserted (E.W.) (3.1.1995) by 1994 c. 40, ss. 20, 82(2), Sch. 8 para. 21

F5 Words in s. 133(1)(a)(b) repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1 (with savings in Sch. 3 para. 2).

F6 Words in s. 133(1)(c) repealed (30.11.1993) by 1993 c. 19, s. 51, Sch. 10; S.I. 1993/2503, art. 2(2), Sch. 2

F7 "or" inserted by Employment Act 1980 (c. 42, SIF 43:5), Sch. 1 para. 17

F8 S. 133(1)(d) (which was inserted by Employment Act 1980 (c. 42), Sch. 1 para. 17) repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1 (with savings in Sch. 3 para. 2).

F9 S. 133(1)(e) inserted by Wages Act 1986 (c. 48, SIF 43:2), s. 32(1), Sch. 4 para. 9

F10 “; or" inserted by Employment Act 1988 (c. 19, SIF 43:5), s. 33, Sch. 3 para. 2(3)

F11 S. 133(1)(f) (which was inserted by Employment Act 1988 (c. 19), s. 33, Sch. 3 para. 2(3)) repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1 (with savings in Sch. 3 para. 2).

F12 S. 133(1)(g) (which was inserted by Employment Act 1990 (c. 38), s. 3(5), Sch. 1 paras. 1, 4) repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1 (with savings in Sch. 3 para. 2).

F13 S. 133(1)(ee) added at the end of s. 133(1) (E.W.) (26.8.1994) by 1994 c. 20, s. 4, Sch. 4 para. 21; S.I. 1994/1841, art. 2

Modifications etc. (not altering text)

C1 S. 133 extended by S.I. 1981/1794, regs. 11(9), 13

C2 S. 133(2)-(6) applied (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 290, 302.