- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Tribunals Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(i)section 2(1) of the M1Equal Pay Act 1970,
(ii)section 63 of the M2Sex Discrimination Act 1975, or
(iii)section 54 of the M3Race Relations Act 1976,
(b)arising out of a contravention, or alleged contravention, of section 64, 68 [F2, 86], 137, 138, [F3145A, 145B,]F3 146, 168, [F4168A,] 169, 170, 174, 188 or 190 of the M4Trade Union and Labour Relations (Consolidation) Act 1992,
(d)[F6under or] arising out of a contravention, or alleged contravention, of section 8, 13, 15, 18(1), 21(1), 28 [F7, [F680G(1), 80H(1)(b),] 92 or 135,] or of Part V, VI, VII or X, of the M6Employment Rights Act 1996,
[F8(dd)under or by virtue of section 11, 18, 20(1)(a) or 24 of the National Minimum Wage Act 1998;]
(h)arising out of a contravention, or alleged contravention of regulation [F155(1) or] 7(2) of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000]
(1)under regulation 28 of the Employment Equality (Religion or Belief) Regulations 2003]
(n)under regulation 41 or 45 of the European Public Limited-Liability Company Regulations 2004]
(s)under regulation 30 or 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006][F35 or
(t)under regulation 45 or 51 of the Companies (Cross-Border Mergers) Regulations 2007.]
(a)if he is requested to do so by the person by whom and the person against whom the proceedings are brought, or
(b)if, in the absence of any such request, the conciliation officer considers that he could act under this subsection with a reasonable prospect of success,
to endeavour to promote a settlement of the proceedings without their being determined by an [F1employment tribunal].
[F36(2A)Where employment tribunal procedure regulations include provision postponing the fixing of a time and place for a hearing for the purpose of giving an opportunity for the proceedings to be settled by way of conciliation and withdrawn, subsection (2) shall have effect from the end of the postponement to confer a power on the conciliation officer, instead of imposing a duty.]
F36(3)Where at any time—
(a)a person claims that action has been taken in respect of which proceedings could be brought by him before an [F1employment tribunal], but
(b)before any application relating to that action has been presented by him a request is made to a conciliation officer (whether by that person or by the person against whom the proceedings could be instituted) to make his services available to them,
the conciliation officer shall act in accordance with subsection (2) as if an application had been presented to an [F1employment tribunal].
(4)Where a person who has presented a complaint to an [F1employment tribunal] under section 111 of the M8Employment Rights Act 1996 has ceased to be employed by the employer against whom the complaint was made, the conciliation officer shall (for the purpose of promoting a settlement of the complaint in accordance with subsection (2)) in particular—
(a)seek to promote the reinstatement or re-engagement of the complainant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or
(b)where the complainant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, and the parties desire the conciliation officer to act, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the complainant.
(5)Where at any time—
(a)a person claims that action has been taken in respect of which a complaint could be presented by him to an [F1employment tribunal] under section 111 of the Employment Rights Act 1996, but
(b)before any complaint relating to that action has been presented by him a request is made to a conciliation officer (whether by that person or by the employer) to make his services available to them,
the conciliation officer shall act in accordance with subsection (4) as if a complaint had been presented to an [F1employment tribunal] under section 111.
(6)In proceeding under this section a conciliation officer shall, where appropriate, have regard to the desirability of encouraging the use of other procedures available for the settlement of grievances.
(7)Anything communicated to a conciliation officer in connection with the performance of his functions under this section shall not be admissible in evidence in any proceedings before an [F1employment tribunal], except with the consent of the person who communicated it to that officer.
(a)direct that further provisions of the Employment Rights Act 1996 be added to the list in subsection (1)(d), or
(b)specify a provision of any other Act as a provision to which subsection (1)(f) applies.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Modifications etc. (not altering text)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: