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Pensions Act 2008
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Changes and effects
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- s. 56 Coming into force by S.I. 2012/1682 art. 2 Sch. 2
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.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 15A Coming into force by S.I. 2012/683 art. 2(2)(a)
- s. 15A inserted by 2011 c. 19 s. 9
- s. 99A inserted by 2011 c. 19 s. 29(4)
- s. 144A inserted by 2011 c. 19 s. 36(1)
Commencement Orders yet to be applied to the Pensions Act 2008:
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 provisions within this Act into force:
- S.I. 2008/3241 art. 2 commences (2008 c. 30)
- S.I. 2009/82 art. 2 commences (2008 c. 30)
- S.I. 2009/809 art. 2 commences (2008 c. 30)
- S.I. 2009/1566 art. 2 commences (2008 c. 30)
- S.I. 2010/467 art. 2 commences (2008 c. 30)
- S.I. 2010/1145 art. 2 commences (2008 c. 30)
- S.I. 2010/1221 art. 2 commences (2008 c. 30)
- S.I. 2011/664 art. 2 commences (2008 c. 30)
- S.I. 2011/1266 art. 2 commences (2008 c. 30)
- S.I. 2011/3033 art. 2 commences (2008 c. 30)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2011/3019 art. 3 Sch. 1 commences (2011 c. 13)
- S.I. 2011/3034 art. 2-4 commences (2011 c. 19)
- S.I. 2012/682 art. 2(a) commences (2011 c. 19)
- S.I. 2012/1681 art. 2(1)(a) art. 2(1)(b) art. 2(1)(c) art. 2(1)(d) art. 2(1)(e) art. 2(2)(a) art. 2(2)(b) art. 2(2)(d) commences (2011 c. 19)
- S.R. 2010/101 art. 2 commences (2010 c. 4 (N.I.))
Prospective
56Enforcement of the rightE+W+S
This section has no associated Explanatory Notes
(1)A worker may present a complaint to an employment tribunal that the worker has been subjected to a detriment in contravention of section 55.
(2)Subject to the following provisions of this section, the provisions of sections 48(2) to (4) and 49 of the Employment Rights Act 1996(complaints to employment tribunals and remedies), apply in relation to a complaint under this section as they apply in relation to a complaint under section 48 of that Act, but taking references in those provisions to the employer as references to the employer within the meaning of section 55(1).
(3)Where—
(a)the detriment to which the worker is subjected is the termination of the worker's contract, but
(b)that contract is not a contract of employment,
any compensation awarded under section 49 of the Employment Rights Act 1996 by virtue of subsection (2) must not exceed the limit specified in subsection (4).
(4)The limit is the total of—
(a)the sum which would be the basic award for unfair dismissal, calculated in accordance with section 119 of the Employment Rights Act 1996, if the worker had been an employee within the meaning of that Act and the contract terminated had been a contract of employment, and
(b)the sum for the time being specified in section 124(1) of that Act which is the limit for a compensatory award to a person calculated in accordance with section 123 of that Act.
(5)Where the worker has been working under arrangements which do not fall to be regarded as a worker's contract for the purposes of the Employment Rights Act 1996, the worker is to be treated for the purposes of subsections (3) and (4) as if any arrangements under which the worker has been working constituted a worker's contract falling within section 230(3)(b) of that Act.
(6)In section 18(1) of the Employment Tribunals Act 1996 (c. 17) (proceedings where conciliation is available), after paragraph (u) insert “, or
(v)under section 56 of the Pensions Act 2008.”
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