The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014
Citation and commencement1.
This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 and comes into force on 6th April 2014.
Consequential amendments2.
The amendments in the Schedule to this Order have effect.
SCHEDULEConsequential Amendments
Employment Protection (Continuity of Employment) Regulations 1996
1.
Working Time Regulations 1998
2.
3.
In regulation 30(2) for “article 30A” substitute “regulations 30A and 30B”.
4.
“Extension of time limit to facilitate conciliation before institution of proceedings30B.
(1)
In this regulation—
(a)
Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)
Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(2)
In working out when the time limit set by regulation 30(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(3)
If the time limit set by regulation 30(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(4)
The power conferred on the employment tribunal by regulation 30(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”.
5.
In regulation 35, in paragraph (2)(a), for “section 18” substitute “any of sections 18A to 18C”.
Transnational Information and Consultation of Employees Regulations 1999
6.
7.
“(2A)
Regulation 27A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”.
8.
“Extension of time limit to facilitate conciliation before institution of proceedings27A.
(1)
In this regulation—
(a)
Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)
Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(2)
In working out when the time limit set by regulation 27(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(3)
If the time limit set by regulation 27(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(4)
The power conferred on the employment tribunal by regulation 27(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”.
9.
In regulation 41, in paragraph (2)(a), for “section 18” substitute “any of sections 18A to 18C”.
Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
10.
11.
“(2A)
Regulation 8A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”.
12.
“Extension of time limit to facilitate conciliation before institution of proceedings8A.
(1)
In this regulation—
(a)
Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)
Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(2)
In working out when the time limit set by regulation 8(2) expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(3)
If the time limit set by regulation 8(2) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(4)
The power conferred on the employment tribunal by regulation 8(3) to extend the time limit set by paragraph (2) of that regulation is exercisable in relation to that time limit as extended by this regulation.”.
Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002
13.
14.
“(2A)
Regulation 7A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”.
15.
“Extension of time limit to facilitate conciliation before institution of proceedings7A.
(1)
In this regulation—
(a)
Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)
Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(2)
In working out when the time limit set by regulation 7(2) expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(3)
If the time limit set by regulation 7(2) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(4)
The power conferred on the employment tribunal by regulation 7(3) to extend the time limit set by paragraph (2) of that regulation is exercisable in relation to that time limit as extended by this regulation.”.
Merchant Shipping (Hours of Work) Regulations 2002
16.
17.
In regulation 3A, in paragraph (c)(ii), for “section 18” substitute “any of sections 18A to 18C”.
18.
In regulation 23, in paragraph (2)(a), for “section 18” substitute “any of sections 18A to 18C”.
Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002
19.
Merchant Shipping (Working Time: Inland Waterways) Regulations 2003
20.
21.
In regulation 4, in paragraph (c), for “section 18” substitute “any of sections 18A to 18C”.
22.
“(2A)
Regulation 18A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”.
23.
“Extension of time limit to facilitate conciliation before institution of proceedings18A.
(1)
In this regulation—
(a)
Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)
Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(2)
In working out when the time limit set by regulation 18(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(3)
If the time limit set by regulation 18(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(4)
The power conferred on the employment tribunal by regulation 18(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”.
24.
In regulation 19, in paragraph (2)(a), for “section 18” substitute “any of sections 18A to 18C”.
ACAS Arbitration Scheme (Great Britain) Order 2004
25.
Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004
26.
27.
In regulation 4, in paragraph (e), for “section 18” substitute “any of sections 18A to 18C”.
28.
“(2A)
Regulation 19A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”.
29.
“Extension of time limit to facilitate conciliation before institution of proceedings19A.
(1)
In this regulation—
(a)
Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)
Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(2)
In working out when the time limit set by regulation 19(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(3)
If the time limit set by regulation 19(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(4)
The power conferred on the employment tribunal by regulation 19(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”.
30.
In regulation 20, in paragraph (2)(a), for “section 18” substitute “any of sections 18A to 18C”.
ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004
31.
Information and Consultation of Employees Regulations 2004
32.
33.
“(2A)
Regulation 29A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”.
34.
“Extension of time limit to facilitate conciliation before institution of proceedings29A.
(1)
In this regulation—
(a)
Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)
Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(2)
In working out when the time limit set by regulation 29(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(3)
If the time limit set by regulation 29(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(4)
The power conferred on the employment tribunal by regulation 29(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”.
35.
In regulation 40 in paragraph (2), for “section 18” substitute “any of sections 18A to 18C”.
Transfer of Undertakings (Protection of Employment) Regulations 2006
36.
37.
In regulation 12, in paragraph (7), for “Section 18” substitute “Sections 18A to 18C”.
38.
In regulation 16, in paragraph (1), for “section 18” substitute “sections 18A to 18C”.
39.
In Schedule 1—
(a)
in paragraph 10(3)(a) for “section 18” substitute “Sections 18A to 18C”;
(b)
in paragraph 10(4)(a) for “Section 18” substitute “sections 18A to 18C”.
Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006
40.
41.
“(2A)
Paragraph 4A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (2).”.
42.
“Extension of time limit to facilitate conciliation before institution of proceedings4A.
(1)
In this paragraph—
(a)
Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)
Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(2)
In working out when the time limit set by paragraph 4(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(3)
If the time limit set by paragraph 4(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(4)
The power conferred on the employment tribunal by paragraph 4(2)(b) to extend the time limit set by paragraph 4(2)(a) is exercisable in relation to that time limit as extended by this regulation.”.
43.
In paragraph 12, in sub-paragraph (2), for “section 18” substitute “any of sections 18A to 18C”.
European Cooperative Society (Involvement of Employees) Regulations 2006
44.
45.
“(2A)
Regulation 30A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”.
46.
“Extension of time limit to facilitate conciliation before institution of proceedings30A.
(1)
In this regulation—
(a)
Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)
Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(2)
In working out when the time limit set by regulation 30(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(3)
If the time limit set by regulation 30(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(4)
The power conferred on the employment tribunal by regulation 30(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”.
47.
In regulation 41, in paragraph (2) for “section 18” substitute “any of sections 18A to 18C”.
Companies (Cross-Border Mergers) Regulations 2007
48.
49.
“(2A)
Regulation 45A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”.
50.
“Extension of time limit to facilitate conciliation before institution of proceedings45A.
(1)
In this regulation—
(a)
Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)
Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(2)
In working out when the time limit set by regulation 45(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(3)
If the time limit set by regulation 45(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(4)
The power conferred on the employment tribunal by regulation 45(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”.
51.
In regulation 62, in paragraph (2), for “section 18” substitute “any of sections 18A to 18C”.
52.
“(2)
Regulation 62(2) shall have effect as is for the reference to any of sections 18A to 18C of the Employment Tribunals Act 1996 there were a reference to article 20(1) of the Industrial Tribunals (Northern Ireland) Order 1996.
(2A)
Regulation 62(3) shall have effect as is for the reference to section 18(1) of the Employment Tribunals Act 1996 there were a reference to article 20(1) of the Industrial Tribunals (Northern Ireland) Order 1996.”.
Cross-border Railway Services (Working Time) Regulations 2008
53.
54.
“(2A)
Regulation 17A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”.
55.
“Extension of time limit to facilitate conciliation before institution of proceedings17A.
(1)
In this regulation—
(a)
Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)
Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(2)
In working out when the time limit set by regulation 17(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(3)
If the time limit set by regulation 17(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(4)
The power conferred on the employment tribunal by regulation 17(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”.
56.
In regulation 18 (restrictions on contracting out), in paragraph (2)(a) for “section 18” substitute “any of sections 18A to 18C”.
European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009
57.
58.
“(2A)
Regulation 28A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”.
59.
“Extension of time limit to facilitate conciliation before institution of proceedings28A.
(1)
In this regulation—
(a)
Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)
Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(2)
In working out when the time limit set by regulation 28(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(3)
If the time limit set by regulation 28(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(4)
The power conferred on the employment tribunal by regulation 28(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”.
60.
In regulation 39 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009, in paragraph (2), for “section 18” substitute “any of sections 18A to 18C”.
Agency Workers Regulations 2010
61.
62.
“(4A)
Regulation 18A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (4).”.
63.
“Extension of time limit to facilitate conciliation before institution of proceedings18A.
(1)
In this regulation—
(a)
Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)
Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(2)
In working out when the time limit set by regulation 18(4) expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(3)
If the time limit set by regulation 18(4) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(4)
The power conferred on the employment tribunal by regulation 18(5) to extend the time limit set by paragraph (4) of that regulation is exercisable in relation to that time limit as extended by this regulation.”.
Employment Relations Act 1999 (Blacklists) Regulations 2010
64.
65.
“(1A)
Regulation 18 (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (1).”.
66.
“Extension of time limit to facilitate conciliation before institution of proceedings18.
(1)
This regulation applies where these Regulations provide for it to apply for the purposes of a provision of these Regulations (“a relevant provision”).
(2)
In this regulation—
(a)
Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
(b)
Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
(3)
In working out when the time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.
(4)
If the time limit set by a relevant provision would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
(5)
Where an employment tribunal has power under these Regulations to extend the time limit set by a relevant provision, the power is exercisable in relation to that time limit as extended by this regulation.”.
Additional Statutory Paternity Pay (General) Regulations 2010
67.
This Order makes amendments to secondary legislation in consequence of sections 7 and 8 of the Enterprise and Regulatory Reform Act 2013 (c. 24), which introduce a process of early conciliation in employment disputes. The Schedule to this Order makes consequential amendments to limitation periods set out in secondary legislation and makes consequential amendments to cross references to section 18 of the Employment Tribunals Act 1996 (c. 16) which appear in other pieces of legislation.
A regulatory impact assessment on the introduction of early conciliation is available and a copy can be obtained from the Department for Business Innovation and Skills, Labour Market Directorate, 1 Victoria Street, London, SW1H OET. Copies have also been placed in the libraries of both Houses of Parliament.