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Enterprise and Regulatory Reform Act 2013

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  • specified provision(s) amendment to earlier commencing SI 2013/1455 art. 3 4 Sch. 3 by S.I. 2013/2271 art. 2
  • specified provision(s) revocation of earlier commencing SI 2015/641 by S.I. 2015/1558 art. 2

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Section 7(2)

SCHEDULE 1E+W+S+N.I.Conciliation: minor and consequential amendments

This schedule has no associated Explanatory Notes

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)E+W+S

1In section 288 of the Trade Union and Labour Relations (Consolidation) Act 1992 (restriction on contracting out), in subsection (2), for “section 18” substitute “ any of sections 18A to 18C ”.E+W+S

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Commencement Information

I1Sch. 1 para. 1 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1))

Employment Tribunals Act 1996 (c. 17)E+W+S

2The Employment Tribunals Act 1996 is amended as follows.E+W+S

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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.

Commencement Information

I2Sch. 1 para. 2 in force at 6.3.2014 in so far as not already in force by S.I. 2014/253, art. 2

3In section 7 (employment tribunal procedure regulations), in subsection (3ZA)(b), after “form” insert “ (including certificates issued under section 18A(4)) ”.E+W+S

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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.

Commencement Information

I3Sch. 1 para. 3 in force at 6.3.2014 in so far as not already in force by S.I. 2014/253, art. 2

4In section 7B (mediation), in subsection (5), for “the Advisory, Conciliation and Arbitration Service” substitute ACAS.E+W+S

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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.

Commencement Information

I4Sch. 1 para. 4 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f)

5(1)Section 18 (conciliation) is amended as follows.E+W+S

(2)At the end of the heading insert “ : relevant proceedings etc.

(3)In subsection (1), for the words before paragraph (a) substitute “ In this section and sections 18A to 18C “relevant proceedings” means employment tribunal proceedings— ”.

(4)In subsection (1)(b)—

(a)after “68” insert “ , 70B ”;

(b)after “Act 1992” insert “ or paragraph 156 of Schedule A1 to that Act ”.

(5)In subsection (1)(dd), for “20(1)(a)” substitute “ 19D(1)(a) ”.

(6)Omit subsection (1)(f) and (n).

(7)After subsection (1) insert—

(1A)Sections 18A and 18B apply in the case of matters which could be the subject of relevant proceedings, and section 18C applies in the case of relevant proceedings themselves.

(8)Omit subsections (2) to (5).

(9)In subsections (6) and (7), for “this section” substitute “ any of sections 18A to 18C ”.

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Commencement Information

I5Sch. 1 para. 5 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1)(2))

6After section 18B (inserted by section 7(1)) insert—E+W+S

18CConciliation after institution of proceedings

(1)Where an application instituting relevant proceedings has been presented to an employment tribunal, and a copy of it has been sent to a conciliation officer, the conciliation officer shall endeavour to promote a settlement—

(a)if 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 the officer could act under this section with a reasonable prospect of success.

(2)Where a person who has presented a complaint to an employment tribunal under section 111 of the Employment Rights Act 1996 has ceased to be employed by the employer against whom the complaint was made, the conciliation officer may 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.

(3)In subsection (1) “settlement” means a settlement that brings proceedings to an end without their being determined by an employment tribunal.

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Commencement Information

I6Sch. 1 para. 6 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f)

7In section 19A (conciliation: recovery of sums payable under compromises), in subsection (1)(a)(i), for “section 18” substitute “ any of sections 18A to 18C ”.E+W+S

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Commencement Information

I7Sch. 1 para. 7 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1))

8In section 40 (power to amend Act), in subsection (2), omit the words from “and to section 18” to the end.E+W+S

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Commencement Information

I8Sch. 1 para. 8 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f)

9In section 42 (interpretation), in subsection (1)—E+W+S

(a)before the definition of “the Appeal Tribunal” insert—

ACAS” means the Advisory, Conciliation and Arbitration Service,;

(b)in the definition of “conciliation officer” for “the Advisory, Conciliation and Arbitration Service” substitute “ ACAS ”.

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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.

Commencement Information

I9Sch. 1 para. 9 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f)

Employment Rights Act 1996 (c. 18)E+W+S

10In section 203 of the Employment Rights Act 1996 (restrictions on contracting out), in subsection (2)(e), for “section 18” substitute “ any of sections 18A to 18C ”.E+W+S

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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.

Commencement Information

I10Sch. 1 para. 10 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1))

National Minimum Wage Act 1998 (c. 39)E+W+S+N.I.

11In section 49 of the National Minimum Wage Act 1998 (restrictions on contracting out), in subsection (2)(a), for “section 18” substitute “ any of sections 18A to 18C ”.E+W+S+N.I.

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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.

Commencement Information

I11Sch. 1 para. 11 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1))

Employment Act 2008 (c. 24)E+W+S

12Section 5 of the Employment Act 2008 (which amends provisions repealed by paragraph 5(8)) is omitted.E+W+S

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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.

Commencement Information

I12Sch. 1 para. 12 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f)

Pensions Act 2008 (c. 30)E+W+S

13In section 58 of the Pensions Act 2008 (restrictions on agreements to limit operation of Part 1), in subsection (3), for “section 18” substitute “ any of sections 18A to 18C ”.E+W+S

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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.

Commencement Information

I13Sch. 1 para. 13 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1))

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