Armed Forces Act 1996

26 Other complaints: Great Britain

(1) Section 192 of the [1996 c. 18.] Employment Rights Act 1996 (application of Act to armed forces) shall be amended as follows.

(2) In subsection (4), for the words from “the person” to the end there shall be substituted the following words “—

(a) the person aggrieved has made a complaint to an officer under the service procedures for the redress of complaints applicable to him and has submitted that complaint to the Defence Council under those procedures; and

(b) the Defence Council have made a determination with respect to the complaint.”

(3) For subsection (5) there shall be substituted the following subsection—

“(5) Where modifications made by an Order in Council under subsection (3) include provision such as is mentioned in subsection (4), the Order in Council shall also include provision—

(a) enabling a complaint or reference to be made to an industrial tribunal in such circumstances as may be specified in the Order, notwithstanding that provision such as is mentioned in subsection (4) would otherwise preclude the making of the complaint or reference; and

(b) where a complaint or reference is made to an industrial tribunal by virtue of provision such as is mentioned in paragraph (a), enabling the service procedures for the redress of complaints to continue after the complaint or reference is made.”

(4) In subsection (6), for the words “sections 180 and 181” in both places where those words occur there shall be substituted the words “section 180”.