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PART IE+W+S[F1Employment Tribunals]

Textual Amendments

F1Words in part heading substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

ConciliationE+W+S

18 Conciliation.E+W+S

(1)This section applies in the case of [F2employment tribunal] proceedings and claims which could be the subject of [F2employment tribunal] proceedings—

(a)under—

(i)section 2(1) of the M1Equal Pay Act 1970,

(ii)section 63 of the M2Sex Discrimination Act 1975, or

(iii)section 54 of the M3Race Relations Act 1976,

(b)arising out of a contravention, or alleged contravention, of section 64, 68 [F3, 86], 137, 138, [F4145A, 145B,] 146, 168, [F5168A,] 169, 170, 174, 188 or 190 of the M4Trade Union and Labour Relations (Consolidation) Act 1992,

(c)under [F6section 17A or 25(8)] of the M5Disability Discrimination Act 1995,

(d)[F7under or] arising out of a contravention, or alleged contravention, of section 8, 13, 15, 18(1), 21(1), 28 [F8, [F780G(1), 80H(1)(b),] 92 or 135,] or of Part V, VI, VII or X, of the M6Employment Rights Act 1996,

[F9(dd)under or by virtue of section 11, 18, 20(1)(a) or 24 of the National Minimum Wage Act 1998;]

(e)which are proceedings in respect of which an [F2employment tribunal] has jurisdiction by virtue of section 3 of this Act, F10. . .

(f)[F11under or] arising out of a contravention, or alleged contravention, of a provision specified by an order under subsection (8)(b) as a provision to which this paragraph applies [F12. . .

F13(ff)under regulation 30 of the M7Working Time Regulations 1998,]. . .

(g)under regulation 27 or 32 of the Transnational Information and Consultation of Employees Regulations 1999F14[F15. . .

(h)arising out of a contravention, or alleged contravention of regulation [F165(1) or] 7(2) of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000]

[F17(i)arising out of a contravention, or alleged contravention of regulation 3 or 6(2) of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002; F18. . .

(j)under regulation 9 of those Regulations] F19[F20 . . .

(k)under regulation 28 of the Employment Equality (Sexual Orientation) Regulations 2003] F21[F22. . .

(1)under regulation 28 of the Employment Equality (Religion or Belief) Regulations 2003]

[F23(m)under regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003] F24[F25 . . .

(n)under regulation 41 or 45 of the European Public Limited-Liability Company Regulations 2004]

[F26[F27(o)]under regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004] F28[F29 . . .

(p)under regulation 29 or 33 of the Information and Consultation of Employees Regulations 2004][F30, F31. . .

(q)under paragraph 4 or 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006] F32[F33 . . .

(r)under regulation 36 of the Employment Equality (Age) Regulations 2006][F34, F35. . .

(s)under regulation 30 or 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006] F36[F37...

(t)under regulation 45 or 51 of the Companies (Cross-Border Mergers) Regulations 2007.][F38, or

(u)under regulation 17 of the Cross-border Railway Services (Working Time) Regulations 2008]

(2)Where an application has been presented to an [F2employment tribunal], and a copy of it has been sent to a conciliation officer, it is the duty of the conciliation officer—

(a)if he is requested to do so by the person by whom and the person against whom the proceedings are brought, 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 proceedings without their being determined by an [F2employment tribunal].

[F39(2A)F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3)Where at any time—

(a)a person claims that action has been taken in respect of which proceedings could be brought by him before an [F2employment tribunal], but

(b)before any application 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 proceedings could be instituted) to make his services available to them,

the conciliation officer [F41 may endeavour to promote a settlement between the parties without proceedings being instituted ] .

(4)Where a person who has presented a complaint to an [F2employment tribunal] under section 111 of the M8Employment Rights Act 1996 has ceased to be employed by the employer against whom the complaint was made, the conciliation officer shall (for the purpose of promoting a settlement of the complaint in accordance with subsection (2)) in particular—

(a)seek to promote the reinstatement or re-engagement of the complainant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or

(b)where the complainant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, and the parties desire the conciliation officer to act, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the complainant.

[F42(5)Where a conciliation officer acts pursuant to subsection (3) in a case where the person claiming as specified in paragraph (a) of that subsection has ceased to be employed by the employer and the proceedings which he claims could be brought by him are proceedings under section 111 of the Employment Rights Act 1996, the conciliation officer may in particular—

(a)seek to promote the reinstatement or re-engagement of that person by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or

(b)where the person does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to that person.]

(6)In proceeding under this section a conciliation officer shall, where appropriate, have regard to the desirability of encouraging the use of other procedures available for the settlement of grievances.

(7)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 [F2employment tribunal], except with the consent of the person who communicated it to that officer.

(8)The Secretary of State [F43and the Lord Chancellor, acting jointly,] may by order—

(a)direct that further provisions of the Employment Rights Act 1996 be added to the list in subsection (1)(d), or

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

Textual Amendments

F2Words in s. 18 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F3Words in s. 18(1)(b) inserted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 16; S.I. 1998/1658, art. 2(1), Sch. 1

F4Words in s. 18(1)(b) inserted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(3)(4), Sch. 1 para. 25; S.I. 2004/2566, art. 3(b) (subject to arts. 4-8)

F5Words in s. 18(1)(b) inserted (27.4.2003) by 2002 c. 22, ss. 53, 55(2), Sch. 7 para. 23(2)(a); S.I. 2003/1190, art. 2(2)(b)

F8Words in s. 18(1)(d) substituted (1.10.1998) by 1998 c. 8, s. 11(1); S.I. 1998/1658, art. 2(2), Sch. 2

F9S. 18(1)(dd) inserted (1.11.1998 for specified purposes and otherwise 1.4.1999) by 1998 c. 39, s. 30(1) (with s. 36); S.I. 1998/2574, art. 2, Sch. 1, Sch. 2

F10Word in s. 18(1)(e) omitted (1.10.1998) by virtue of S.I. 1998/1833, reg. 33(a)

F11Words in s. 18(1)(f) inserted (6.4.2003) by 2002 c. 22, s. 53, Sch. 7 para. 23(2)(c); S.I. 2002/2866, art. 2(1)-(3), Sch. 1 Pt. 3

F12Word in s. 18(1)(f) omitted (15.1.2000) by virtue of S.I. 1999/3323, reg. 33(1)

F13S. 18(1)(ff) and word “or" immediately preceding inserted (1.10.1998) by S.I. 1998/1833, reg. 33(b)

F14Word at the end of s. 18(1)(g) omitted (1.10.2002) by virtue of S.I. 2002/2034, reg. 11 Sch. 2 Pt. 1 para. 2(a)(i)

F15S. 18(1)(h) and word “or" immediately preceding it inserted (1.7.2000) by S.I. 2000/1551, reg. 10, Sch. para. 1(a)(ii)

F16Words in s. 18(1)(h) inserted (1.5.2001) by S.I. 2001/1107, reg. 2

F17S. 18(1)(i)(j) inserted (1.10.2002) by S.I. 2002/2034, reg. 11 Sch. 2 Pt. 1 para. 2(a)(ii)

F25S. 18(1)(n) and preceding word inserted (8.10.2004) after paragraph (m) by The European Public Limited-Liability Company Regulations 2004 (S.I. 2004/2326), reg. 46

F27S. 18(1)(n) renumbered as s. 18(1)(o) (6.4.2005) by virtue of The Information and Consultation of Employees Regulations 2004 (S.I. 2004/3426), reg. 34(b) (with reg. 3)

F31Word at the end of s. 18(1)(p) omitted (1.10.2006) by virtue of The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 19(2) (with reg. 44)

F35Word at the end of s. 18(1)(r) omitted (15.12.2007) by virtue of The Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), reg. 52(a)

F37S. 18(1)(t) and preceding word inserted (15.12.2007) by virtue of The Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), reg. 52(b)

F39S. 18(2A) inserted (9.7.2004) by 2002 c. 22, ss. 24(2), 55(2); S.I. 2004/1717, art. 2(1)

F41Words in s. 18(3) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 5(2), 22(1)(a); S.I. 2008/3232, art. 2 (with art. 3, Sch.)

F42S. 18(5) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 5(3), 22(1)(a); S.I. 2008/3232, art. 2 (with art. 3, Sch.)

Modifications etc. (not altering text)

C1S. 18 applied (6.4.2006 with application as mentioned in reg. 21(1) of the applying S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 16(1) (with reg. 21(5))

S. 18 applied (6.4.2006 with application as mentioned in reg. 21(1) of the applying S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 12(7)

C2S. 18(1)(d) amended (4.9.2000) by 1999 c. 26, s. 14(b); S.I. 2000/2242, art. 2(1)

S. 18(1)(d) extended (6.6.2000) by S.I. 2000/1299, art. 2

C3S. 18(1)(f) applied (6.6.2000) by S.I. 2000/1229, art. 3

Marginal Citations