The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2022

Amendment to the Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022

This section has no associated Explanatory Memorandum

3.—(1) The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 8 (complaints to employment tribunals) after paragraph (2) insert—

(2A) Regulation 8A (extension of time limit to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)..

(3) After regulation 8 (complaints to employment tribunals) insert—

Extension of time limit to facilitate conciliation before institution of proceedings

8A.(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..