The Sex Discrimination (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1997

Statutory Instruments

1997 No. 2163

SEX DISCRIMINATION

The Sex Discrimination (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1997

Made

29th August 1997

Laid before Parliament

5th September 1997

Coming into force

1st October 1997

The Secretary of State, in exercise of the powers conferred on him by section 85(9C) and (9E) of the Sex Discrimination Act 1975(1), hereby makes the following Regulations:—

1.  These Regulations may be cited as the Sex Discrimination (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1997 and shall come into force on 1st October 1997.

2.—(1) A person may present a complaint to an industrial tribunal under section 63 of the Sex Discrimination Act 1975, notwithstanding that section 85(9B) of that Act would otherwise preclude the presentation of such a complaint, where—

(a) he has made a complaint in respect of the same matter to an officer under the service redress procedures; and

(b) that complaint has not been withdrawn.

(2) For the purpose of paragraph (1)(b) above, a person shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures, he fails to submit that complaint to the Defence Council under those procedures.

John Reid

Minister of State, Ministry of Defence

29th August 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st October 1997, specify the circumstances in which a person may present a complaint to an industrial tribunal in respect of his service in the armed forces, notwithstanding that he would otherwise be precluded from making such a complaint by section 85(9B) of the Sex Discrimination Act 1975 (which requires a person to go through the service redress procedures before making a complaint to an industrial tribunal).

(1)

1975 c. 65; section 85(9C) and (9E) is inserted by section 21 of the Armed Forces Act 1996 (c. 46).