Employment Tribunals Act 1996

Changes to legislation:

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.

Changes to Legislation

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Changes and effects yet to be applied to Section 18:

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

s. 18(1) text amended by S.I. 2009/2401 reg. 33
s. 18(1) text amended by S.I. 2010/93 Sch. 2 para. 8(a)(i)
s. 18(1)(a) substituted by 2010 c. 15 Sch. 26 Pt. 1 para. 31(a) (as inserted) by S.I. 2010/2279 Sch. 1 para. 5
s. 18(1)(c) repealed by 2010 c. 15 Sch. 26 Pt. 1 para. 31(b) Sch. 27 Pt. 1 (as inserted/substituted) by S.I. 2010/2279 Sch. 1 para. 5 Sch. 2
s. 18(1)(d) words inserted by 2009 c. 22 Sch. 1 para. 16
s. 18(1)(k) repealed by 2010 c. 15 Sch. 26 Pt. 1 para. 31(b) Sch. 27 Pt. 1 (as inserted/substituted) by S.I. 2010/2279 Sch. 1 para. 5 Sch. 2
s. 18(1)(l) repealed by 2010 c. 15 Sch. 26 Pt. 1 para. 31(b) Sch. 27 Pt. 1 (as inserted/substituted) by S.I. 2010/2279 Sch. 1 para. 5 Sch. 2
s. 18(1)(r) repealed by 2010 c. 15 Sch. 26 Pt. 1 para. 31(b) Sch. 27 Pt. 1 (as inserted/substituted) by S.I. 2010/2279 Sch. 1 para. 5 Sch. 2
s. 18(1)(s) text amended by S.I. 2008/1660 Sch. 3 para. 1(a)(i)
s. 18(1)(u) and word inserted by S.I. 2008/1660 Sch. 3 para. 1(a)(ii)
s. 18(1)(u) text amended by S.I. 2010/493 reg. 17(4)(a)
s. 18(1)(v) and word inserted by 2008 c. 30 s. 56(6)
s. 18(1)(v) and word inserted by S.I. 2008/1660 Sch. 3 para. 1(b)(ii)
s. 18(1)(v) and word inserted by S.I. 2009/2401 reg. 33
s. 18(1)(w) and word inserted by S.I. 2010/493 reg. 17(4)(b)
s. 18(1)(x) and word inserted by S.I. 2010/93 Sch. 2 para. 8(a)(ii)
s. 18(2A) repealed by 2008 c. 24 s. 6(1) Sch. Pt. 1
s. 18(3) text amended by 2008 c. 24 s. 5(2)
s. 18(5) substituted by 2008 c. 24 s. 5(3)

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

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.

Act applied (with modifications) by S.I. 2010/1907 reg. 16 Sch. 2
Act applied (with modifications) by S.I. 2010/875 reg. 16 Sch. 2 (This SI was revoked before it came into force by SI 2010/1906, reg. 2)

Commencement Orders yet to be applied to the Employment Tribunals Act 1996:

Commencement Orders

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:

S.I. 2008/787 art. 2 commences (2007 c. 5)
S.I. 2008/2696 art. 2 5 6 commences (2007 c. 15)
S.I. 2008/3232 art. 2 commences (2008 c. 24)
S.I. 2009/603 art. 2 commences (2008 c. 24)
S.I. 2010/303 art. 2-7 Sch. 1-6 commences (2009 c. 22)
S.I. 2011/882 art. 2 amendment to earlier commencing SI 2010/303 art. 7 Sch. 6
2009 No. 1 Instrument made by Archbishops commences (2009 No. 1)

18 Conciliation.E+W+S

(1)This section applies in the case of [F1employment tribunal] proceedings and claims which could be the subject of [F1employment tribunal] proceedings—

(a)under—

(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,] 146, 168, [F4168A,] 169, 170, 174, 188 or 190 of the M4Trade Union and Labour Relations (Consolidation) Act 1992,

(c)under [F5section 17A or 25(8)] of the M5Disability Discrimination Act 1995,

(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;]

(e)which are proceedings in respect of which an [F1employment tribunal] has jurisdiction by virtue of section 3 of this Act, F9. . .

(f)[F10under or] arising out of a contravention, or alleged contravention, of a provision specified by an order under subsection (8)(b) as a provision to which this paragraph applies [F11. . .

F12(ff)under regulation 30 of the M7Working Time Regulations 1998,]. . .

(g)under regulation 27 or 32 of the Transnational Information and Consultation of Employees Regulations 1999[F13F14. . .

(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]

[F16(i)arising out of a contravention, or alleged contravention of regulation 3 or 6(2) of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002; F17...

(j)under regulation 9 of those Regulations][F18F19...

(k)under regulation 28 of the Employment Equality (Sexual Orientation) Regulations 2003][F20F21...

(1)under regulation 28 of the Employment Equality (Religion or Belief) Regulations 2003]

[F22(m)under regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003][F23F24...

(n)under regulation 41 or 45 of the European Public Limited-Liability Company Regulations 2004]

[F25[F26(o)]under regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004][F27F28...

(p)under regulation 29 or 33 of the Information and Consultation of Employees Regulations 2004][F29, F30...

(q)under paragraph 4 or 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006][F31F32...

(r)under regulation 36 of the Employment Equality (Age) Regulations 2006][F33, F34...

(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.]

(2)Where an application has been presented to an [F1employment tribunal], and a copy of it has been sent to a conciliation officer, it is the duty of the conciliation officer—

(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.]

(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.

(8)The Secretary of State [F37and the Lord Chancellor, acting jointly,] may by order—

(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:

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.

Amendments (Textual)

F1Words in s. 18 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F2Words in s. 18(1)(b) inserted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 16; S.I. 1998/1658, art. 2(1), Sch. 1

F3Words in s. 18(1)(b) inserted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(3)(4), Sch. 1 para. 25; S.I. 2004/2566, art. 3(b) (subject to arts. 4-8)

F4Words in s. 18(1)(b) inserted (27.4.2003) by 2002 c. 22, ss. 53, 55(2), Sch. 7 para. 23(2)(a); S.I. 2003/1190, art. 2(2)(b)

F5Words in s. 18(1)(c) substituted (1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), reg. 31(2)

F6Words in s. 18(1)(d) inserted (6.4.2003) by 2002 c. 22, s. 53, Sch. 7 para. 23(2)(b)(i)(ii); S.I. 2002/2866, art. 2(1)-(3), Sch. 1 Pt. 3

F7Words in s. 18(1)(d) substituted (1.10.1998) by 1998 c. 8, s. 11(1); S.I. 1998/1658, art. 2(2), Sch. 2

F8S. 18(1)(dd) inserted (1.11.1998 for specified purposes and otherwise 1.4.1999) by 1998 c. 39, s. 30(1) (with s. 36); S.I. 1998/2574, art. 2, Sch. 1, Sch. 2

F9Word in s. 18(1)(e) omitted (1.10.1998) by virtue of S.I. 1998/1833, reg. 33(a)

F10Words in s. 18(1)(f) inserted (6.4.2003) by 2002 c. 22, s. 53, Sch. 7 para. 23(2)(c); S.I. 2002/2866, art. 2(1)-(3), Sch. 1 Pt. 3

F11Word in s. 18(1)(f) omitted (15.1.2000) by virtue of S.I. 1999/3323, reg. 33(1)