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Section 40
1E+W+SThe Employment Rights Act 1996 is amended as follows.
Commencement Information
I1Sch. 1 para. 1 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)
2E+W+SIn section 48 (right to present complaint of detriment to employment tribunal), in subsection (1) for “or 47E” substitute “ , 47E or 47F ”.
Commencement Information
I2Sch. 1 para. 2 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)
3E+W+SIn section 105 (unfair dismissal: redundancy), after subsection (7BA) insert—
“(7BB)This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104E.”
Commencement Information
I3Sch. 1 para. 3 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)
4E+W+SIn section 108(3) (exceptions to one year qualifying period of continuous employment for claims for unfair dismissal), after paragraph (gj) insert—
“(gk)section 104E applies,”.
Commencement Information
I4Sch. 1 para. 4 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)
5E+W+SIn section 194 (House of Lords staff), in subsection (2)(e) before “VII” insert “ 6A, ”.
Commencement Information
I5Sch. 1 para. 5 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)
6E+W+SIn section 195 (House of Commons staff), in subsection (2)(e) before “VII” insert “ 6A, ”.
Commencement Information
I6Sch. 1 para. 6 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)
7E+W+SIn section 199 (mariners)—
(a)in subsection (2), after “47E,” insert “ 47F, ”;
(b)in that subsection, before “VII” insert “ 6A, ”;
(c)in subsection (8)(d), before “VII” insert “ 6A, ”.
Commencement Information
I7Sch. 1 para. 7 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)
8E+W+SIn section 225 (how to calculate a week's pay in relation to rights during employment) after subsection (4A) insert—
“(4B)Where the calculation is for the purposes of section 63J, the calculation date is the day on which the section 63D application was made.”
Commencement Information
I8Sch. 1 para. 8 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)
9E+W+SIn section 227(1) (maximum amount of week's pay) before paragraph (za) insert—
“(zza)an award of compensation under section 63J(1)(b),”.
Commencement Information
I9Sch. 1 para. 9 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)
10E+W+SIn section 235(1) (other definitions) at the appropriate place insert—
““section 63D application” has the meaning given by section 63D(2);”.
Commencement Information
I10Sch. 1 para. 10 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)
11E+W+SIn section 236(3) (orders and regulations subject to affirmative Parliamentary procedure), after “47C,” insert “ 63D, 63F(7), ”.
Commencement Information
I11Sch. 1 para. 11 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)
12E+W+SThe Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
Commencement Information
I12Sch. 1 para. 12 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)
13E+W+SIn section 212A (arbitration scheme for unfair dismissal cases etc.), in subsection (1)—
(a)before paragraph (za) insert—
“(zza)section 63F(4), (5) or (6) or 63I(1)(b) of the Employment Rights Act 1996 (study and training);”;
(b)in paragraph (za) for “the Employment Rights Act 1996” substitute “ that Act ”.
Commencement Information
I13Sch. 1 para. 13 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)
14E+W+SIn section 237(1A)(a) (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)—
(a)for “or 104D” substitute “ , 104D or 104E ”;
(b)for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”.
Commencement Information
I14Sch. 1 para. 14 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)
15E+W+SIn section 238(2A)(a) (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section)—
(a)for “or 104D” substitute “ , 104D or 104E ”;
(b)for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”.
Commencement Information
I15Sch. 1 para. 15 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)
16E+W+SIn section 18 of the Employment Tribunals Act 1996 (conciliation), in subsection (1)(d) after “28,” insert “ 63F(4), (5) or (6), 63I(1)(b), ”.
Commencement Information
I16Sch. 1 para. 16 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)
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