- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Relations Act 1999. 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.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
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 provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
1The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as follows.E+W+S
2In section 238 (dismissals in connection with industrial action) after subsection (2A) there shall be inserted—E+W+S
“(2B)Subsection (2) does not apply in relation to an employee who is regarded as unfairly dismissed by virtue of section 238A below.”
3The following shall be inserted after section 238—E+W+S
(1)For the purposes of this section an employee takes protected industrial action if he commits an act which, or a series of acts each of which, he is induced to commit by an act which by virtue of section 219 is not actionable in tort.
(2)An employee who is dismissed shall be regarded for the purposes of Part X of the Employment Rights Act 1996 (unfair dismissal) as unfairly dismissed if—
(a)the reason (or, if more than one, the principal reason) for the dismissal is that the employee took protected industrial action, and
(b)subsection (3), (4) or (5) applies to the dismissal.
(3)This subsection applies to a dismissal if it takes place within the period of eight weeks beginning with the day on which the employee started to take protected industrial action.
(4)This subsection applies to a dismissal if—
(a)it takes place after the end of that period, and
(b)the employee had stopped taking protected industrial action before the end of that period.
(5)This subsection applies to a dismissal if—
(a)it takes place after the end of that period,
(b)the employee had not stopped taking protected industrial action before the end of that period, and
(c)the employer had not taken such procedural steps as would have been reasonable for the purposes of resolving the dispute to which the protected industrial action relates.
(6)In determining whether an employer has taken those steps regard shall be had, in particular, to—
(a)whether the employer or a union had complied with procedures established by any applicable collective or other agreement;
(b)whether the employer or a union offered or agreed to commence or resume negotiations after the start of the protected industrial action;
(c)whether the employer or a union unreasonably refused, after the start of the protected industrial action, a request that conciliation services be used;
(d)whether the employer or a union unreasonably refused, after the start of the protected industrial action, a request that mediation services be used in relation to procedures to be adopted for the purposes of resolving the dispute.
(7)In determining whether an employer has taken those steps no regard shall be had to the merits of the dispute.
(8)For the purposes of this section no account shall be taken of the repudiation of any act by a trade union as mentioned in section 21 in relation to anything which occurs before the end of the next working day (within the meaning of section 237) after the day on which the repudiation takes place.”
4(1)Section 239 (supplementary provisions relating to unfair dismissal) shall be amended as follows.E+W+S
(2)In subsection (1) for “Sections 237 and 238” there shall be substituted “ Sections 237 to 238A ”.
(3)At the end of subsection (1) there shall be added “ ; but sections 108 and 109 of that Act (qualifying period and age limit) shall not apply in relation to section 238A of this Act. ”
(4)In subsection (2) after “section 238” there shall be inserted “ or 238A ”.
(5)At the end there shall be added—
“(4)In relation to a complaint under section 111 of the 1996 Act (unfair dismissal: complaint to employment tribunal) that a dismissal was unfair by virtue of section 238A of this Act—
(a)no order shall be made under section 113 of the 1996 Act (reinstatement or re-engagement) until after the conclusion of protected industrial action by any employee in relation to the relevant dispute,
(b)regulations under section 7 of the Employment Tribunals Act 1996 may make provision about the adjournment and renewal of applications (including provision requiring adjournment in specified circumstances), and
(c)regulations under section 9 of that Act may require a pre-hearing review to be carried out in specified circumstances.”
5(1)Section 105 of the Employment Rights Act 1996 (redundancy) shall be amended as follows.E+W+S
(2)In subsection (1)(c) for “subsections (2) to (7)” there shall be substituted “ subsections (2) to (7C). ”.
(3)After subsection (7B) (inserted by Schedule 3 to the M1Tax Credits Act 1999) there shall be inserted—
“(7C)This subsection applies if—
(a)the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was the reason mentioned in section 238A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (participation in official industrial action), and
(b)subsection (3), (4) or (5) of that section applies to the dismissal.”
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.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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: