1998 No. 1658 (C.32)
The Employment Rights (Dispute Resolution) Act 1998 (Commencement No. 1 and Transitional and Saving Provisions) Order 1998
Made
The Secretary of State, in exercise of the powers conferred on her by section 17(1) and (2) of the Employment Rights (Dispute Resolution) Act 19981, hereby makes the following Order:—
Citation and interpretation1
1
This order may be cited as the Employment Rights (Dispute Resolution) Act 1998 (Commencement No. 1 and Transitional and Saving Provisions) Order 1998.
Commencement2
1
The provisions of the 1998 Act specified in Schedule 1 shall come into force on 1st August 1998.
2
The provisions of the 1998 Act specified in Schedule 2 shall come into force on 1st October 1998.
3
The provisions of the 1998 Act specified in Schedule 3 shall come into force on 1st January 1999.
Transitional and saving provisions3
1
The amendments made to the Industrial Tribunals Act 19964 by section 3(1), (2) and (3) of, and paragraph 12(3) of Schedule 1 to, the 1998 Act shall have effect only in relation to cases in which the date of the hearing of the originating application is first fixed on or after 1st August 1998.
2
The subsubstitution of section 87 of the 1992 Act, made by section 6 of the 1998 Act, shall have effect only where the date of payment of the emoluments concerned falls on or after 1st August 1998.
3
Neither the amendment made to the 1996 Act by paragraph 18 of Schedule 1 to the 1998 Act, nor the repeal of section 88 of the 1992 Act in Schedule 2 to the 1998 Act, shall have effect in relation to any complaint where the date of payment of the wages (within the meaning of section 27 of the 1996 Act) concerned falls before 1st August 1998.
4
5
Neither the amendments made to the 1996 Act by section 11 of the 1998 Act, nor the repeals relating to sections 166(2)(a) and 168(1)(a) of the 1996 Act in Schedule 2 to the 1998 Act, shall have effect in respect of dismissals from employment where the relevant date (within the meaning of section 145 of the 1996 Act) falls before 1st October 1998.
6
The amendments made to the 1996 Act by section 13 of, and paragraphs 19, 20, 21, 23, and 26 of Schedule 1 to, the 1998 Act, shall have effect only in respect of dismissals from employment where the effective date of termination (within the meaning of section 97 of the 1996 Act) falls on or after 1st January 1999.
7
Neither the amendment made to the 1996 Act by section 14 of the 1998 Act, nor the repeal relating to section 117(6)(a) of the 1996 Act in Schedule 2 to the 1998 Act, shall have effect in respect of dismissals from employment where the effective date of termination (within the meaning of section 97 of the 1996 Act) falls before 1st August 1998.
Signed by order of the Secretary of State
SCHEDULE 1PROVISIONS COMING INTO FORCE ON 1st AUGUST 1998
Provision | Subject Matter of Provision |
|---|---|
Part I of the 1998 Act except section 4 | Employment tribunals, hearings and other provisions |
Part II of the 1998 Act except section 11 | Other methods of dispute resolution: arbitration, compromise agreements and other provisions |
Section 14 | Acts which are both unfair dismissal and disability discrimination |
Section 15, so far as it relates to amendments effected by Schedule 1 specified below and so far as it relates to the repeals specified in relation to Schedule 2 in the table below | Minor and consequential amendments and repeals |
Schedule 1 so far as it is not already in force, except for paragraphs 19, 20, 21, 23 and 26 | Minor and consequential amendments |
In Schedule 2 the repeals specified in the table below | Repeals |
Chapter | Short Title | Extent of Repeal |
|---|---|---|
The Trade Union and Labour Relations (Consolidation) Act 1992 | Section 88. | |
The Trade Union Reform and Employment Rights Act 1993 | In Schedule 6, paragraph 4(b) and the word “and” preceding it. | |
The Industrial Tribunals Act 1996 | In section 1(2), the words “; and the tribunals” onwards. | |
Section 4(3)(f), apart from the word “and”. | ||
In section 5(1)(b), the word “and”. | ||
Section 7(3)(f)(i). | ||
In section 21(1)(e), the word “or”. | ||
The Employment Rights Act 1996 | In section 117, in subsection (6)(a), the word “and” and, in subsection (8), the words “(in accordance with sections 118 to 127)”. | |
In section 126(2), the words “two or three”. | ||
In section 203(2)(f), the words “before an industrial tribunal”. | ||
In section 219, in subsection (1), the words “, in consequence of action to which subsection (2) applies,” and subsections (2) to (4). | ||
In Schedule 1, paragraph 56(5). | ||
In Schedule 2, in Part II, paragraph 18. |
SCHEDULE 2PROVISIONS COMING INTO FORCE ON 1st OCTOBER 1998
Provision | Subject Matter of Provision |
|---|---|
Section 11 | Settlement of redundancy cases |
Section 15, so far as it relates to the repeals specified in relation to Schedule 2 in the table below | Repeals |
In Schedule 2 the repeals specified in the table below | Repeals |
Chapter | Short title | Extent of Repeal |
|---|---|---|
Employment Rights Act 1996 | In section 166(2)(a), the word “or”. | |
In section 168(1)(a), the word “and”. |
SCHEDULE 3PROVISIONS COMING INTO FORCE ON 1st JANUARY 1999
Provision | Subject Matter of Provision |
|---|---|
Section 13 | Internal appeal procedures and unfair dismissal awards |
Section 15, so far as it is not already in force | Minor and consequential amendments |
Schedule 1, so far as it is not already in force | Minor and consequential amendments |
(This note is not part of the Order)