The Transnational Information and Consultation of Employees (Amendment) Regulations 2010

The Employment Appeal Tribunal Rules

30.—(1) The Employment Appeal Tribunal Rules 1993(1) are amended as follows.

(2) Omit rule 16A (complaints under regulations 20 and 21 of the 1999 Regulations).

(3) In rule 16AA (applications under regulation 33(6) of the 2004 Regulations) after “or regulation 53(6) of the 2007 Regulations” insert “or regulation 20(7), 21(6) or 21A(5) of the 1999 Regulations” and after “or regulation 53(4) of the 2007 Regulations” insert “or the decision referred to in regulation 20(4), 21(4) or 21A(3) of the 1999 Regulations”.

(4) For regulation 16B (service of application under rule 16A) substitute—

“Service of application under rule 16AA

16B.   On receipt of an application under rule 16AA, the Registrar shall seal it with the Appeal Tribunal’s seal and shall serve a sealed copy on the applicant and on the respondent. ”.

(5) In rule 16C omit “16A or”.

(6) In rule 17 omit “, 16A”.

(7) In rule 26 for “regulation 20 or 21 of the 1999 Regulations” substitute “regulation 20, 21 or 21A of the 1999 Regulations”.

(8) In rule 31(1)(c) for “regulation 20 or 21 of the 1999 Regulations” substitute “regulation 20, 21 or 21A of the 1999 Regulations”.

(9) In the Schedule—

(a) omit Form 4A (application under regulation 20 or 21 of the Transnational Information and Consultation of Employees Regulations 1999);

(b) in the Heading of Form 4B, after “or regulation 53 of the Companies (Cross-Border Mergers) Regulations 2007” insert “or regulation 20, 21 or 21A of the 1999 Regulations”;

(c) in paragraph 5 of Form 4B after “declaration” insert “or decision (delete which does not apply)” and after “or regulation 53 of the Companies (Cross-Border Mergers) Regulations 2007” insert “or regulation 20, 21 or 21A of the Transnational Information and Consultation of Employees Regulations 1999”;

(d) in the Heading of Form 5A, for “Regulation 20 or 21 of the Transnational Information and Consultation of Employees Regulations 1999” substitute “Regulation 20, 21 or 21A of the Transnational Information and Consultation of Employees Regulations 1999 or Regulation 20(6) of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 or Regulation 22(6) of the Information and Consultation of Employees Regulations 2004 or Regulation 53(6) of the Companies (Cross-Border Mergers) Regulations 2007”; and

(e) in the text below paragraph 3 of Form 5A, after “Transnational Information and Consultation of Employees Regulations 1999” insert “or European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 or Information and Consultation of Employees Regulations 2004 or Companies (Cross-Border Mergers) Regulations 2007”.

(1)

S.I. 1993/2854; relevant amending instruments are S.I. 2001/1128, S.I. 2004/2526, S.I. 2004/3426 and S.I. 2007/2974.