- Latest available (Revised)
- Point in Time (01/11/2004)
- Original (As enacted)
Point in time view as at 01/11/2004.
There are currently no known outstanding effects for the Employment Rights (Dispute Resolution) Act 1998, Cross Heading: The Employment Rights Act 1996 (c.18).
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
18E+W+SIn section 23 of the Employment Rights Act 1996 (which makes provision for complaints to an employment tribunal in respect of unlawful deductions from wages etc.), at the end insert—
“(5)No complaint shall be presented under this section in respect of any deduction made in contravention of section 86 of the M1Trade Union and Labour Relations (Consolidation) Act 1992 (deduction of political fund contribution where certificate of exemption or objection has been given).”
Marginal Citations
F119E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 1 paras. 19-21 repealed (1.11.2004) by Employment Act 2002 (c. 22), s. 55(2), Sch. 8(1); S.I. 2004/2822, art. 2(b)
F120E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 1 paras. 19-21 repealed (1.11.2004) by Employment Act 2002 (c. 22), s. 55(2), Sch. 8(1); S.I. 2004/2822, art. 2(b)
F121E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 1 paras. 19-21 repealed (1.11.2004) by Employment Act 2002 (c. 22), s. 55(2), Sch. 8(1); S.I. 2004/2822, art. 2(b)
22E+W+SIn section 122 of that Act (which makes provision for the reduction of the amount of a basic award of compensation for unfair dismissal), after subsection (3) insert—
“(3A)Where the complainant has been awarded any amount in respect of the dismissal under a designated dismissal procedures agreement, the tribunal shall reduce or further reduce the amount of the basic award to such extent as it considers just and equitable having regard to that award.”
F223E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 1 para. 23 repealed (1.11.2004) by Employment Act 2002 (c. 22), s. 55(2), Sch. 8(1); S.I. 2004/2822, art. 2(b)
24(1)Section 203 of that Act (which restricts contracting out of the provisions of the Act) is amended as follows.E+W+S
(2)In subsection (3)(b) (which provides that a compromise agreement must relate to the particular complaint), for “complaint” substitute “ proceedings ”.
(3)For subsection (4) substitute—
“(3A)A person is a relevant independent adviser for the purposes of subsection (3)(c)—
(a)if he is a qualified lawyer,
(b)if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union,
(c)if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or
(d)if he is a person of a description specified in an order made by the Secretary of State.
(3B)But a person is not a relevant independent adviser for the purposes of subsection (3)(c) in relation to the employee or worker—
(a)if he is, is employed by or is acting in the matter for the employer or an associated employer,
(b)in the case of a person within subsection (3A)(b) or (c), if the trade union or advice centre is the employer or an associated employer,
(c)in the case of a person within subsection (3A)(c), if the employee or worker makes a payment for the advice received from him, or
(d)in the case of a person of a description specified in an order under subsection (3A)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.
(4)In subsection (3A)(a) “qualified lawyer” means—
(a)as respects England and Wales, a barrister (whether in practice as such or employed to give legal advice), a solicitor who holds a practising certificate, or a person other than a barrister or solicitor who is an authorised advocate or authorised litigator (within the meaning of the M2Courts and Legal Services Act 1990), and
(b)as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.”
Marginal Citations
25(1)Section 219 of that Act (which enables the making of regulations for preserving continuity of employment etc. in the case of a person who is dismissed and then reinstated or re-engaged in consequence of action to which subsection (2) of the section applies) is amended as follows.E+W+S
(2)In subsection (1)—
(a) omit “, in consequence of action to which subsection (2) applies,”,
(b)for “or re-engaged” substitute “ , re-engaged or otherwise re-employed ”, and
(c)at the end inssert “ in any circumstances prescribed by the regulations. ”
(3)Omit subsections (2) to (4).
F326E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 1 para. 26 repealed (1.11.2004) by Employment Act 2002 (c. 22), s. 55(2), Sch. 8(1); S.I. 2004/2822, art. 2(b)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: