The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995

Introductory

Citation, extent and interpretation

1.—(1) These Regulations may be cited as the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995.

(2) This regulation, regulation 2 and regulations 8 to 11 extend to Northern Ireland.

(3) In these Regulations—

“the 1978 Act” means the Employment Protection (Consolidation) Act 1978(1);

“the 1981 Regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 1981(2); and

“the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992(3).

Commencement

2.—(1) These Regulations shall come into force on 26th October 1995.

(2) Regulations 3 to 7 shall not apply in relation to dismissals taking effect before 1st March 1996; and, in determining whether any new requirement is imposed on an employer, any such dismissals shall be left out of account in ascertaining the number of employees whom the employer is proposing to dismiss within any period of 90 days or less.

• In this paragraph “new requirement” means a requirement which—

  (a)

  arises under section 188 or 193 of the 1992 Act as amended by these regulations, but

  (b)

  would not so arise but for the amendments made by these regulations.

(3) Regulations 9 to 11 shall not apply in relation to transfers of undertakings taking place before 1st March 1996.

(1)

1978 c. 44.

(2)

S.I. 1981/1794.

(3)

1992 c. 52.