SCHEDULE

Part 1Transitional Provisions and Savings

1

The following amendments and repeals made by the Act shall have effect subject to the provisions of paragraphs 2 and 3—

a

the repeal of sections 29 to 33, section 34(2), and of the definition of “statutory procedure” in section 40, of, and the repeal of Schedules 2 to 4 to, the 2002 Act;

b

the repeal of section 98A, and of the words “or 98A(1)” in sections 112(5)(a) and 120(1A)(a) of the 1996 Act;

c

the amendments to the Trade Union and Labour Relations (Consolidation) Act 19925; and

d

the amendment to section 124A of the 1996 Act.

2

1

The amendments and repeals referred to in paragraph 1 shall not have effect where on or before 5th April 2009 the standard dismissal and disciplinary procedure or the modified dismissal procedure applies by virtue of regulation 3 of the Regulations and on or before that date the employer has—

a

complied with the requirements of paragraph 1, 2 or 4 of Schedule 2 to the 2002 Act;

b

taken relevant disciplinary action against the employee; or

c

dismissed the employee.

2

For the purposes of paragraph 2(1) the employer shall be treated as having complied with—

a

paragraph 1 of Schedule 2 to the 2002 Act where that employer has complied with paragraph 1(1) of Schedule 2 to that Act, and sent the statement or a copy of it to the employee;

b

paragraph 2 of Schedule 2 to the 2002 Act where the employee attends a meeting with the employer and the employee is informed that the employer is contemplating dismissing or taking disciplinary action against them;

c

paragraph 4 of Schedule 2 to the 2002 Act, where that employer has complied with paragraph 4(a)(i) and (ii) and 4(b) of that Schedule.

3

1

The amendments and repeals referred to in paragraph 1 shall not have effect where the standard grievance procedure or the modified grievance procedure applies by virtue of regulation 6 of the Regulations, and the action about which the employee complains (by complying with paragraph 6 or 9 of Schedule 2 to the 2002 Act, or presenting a complaint to an employment tribunal) occurs wholly before 6th April 2009.

2

The amendments and repeals referred to in paragraph 1 shall not have effect where the standard grievance procedure or the modified grievance procedure applies by virtue of regulation 6 of the Regulations and—

a

the action which forms the basis of a grievance begins on or before 5th April 2009 and continues beyond that date; and

b

the employee presents a complaint to the employment tribunal or complies with paragraph 6 or 9 of Schedule 2 to the 2002 Act in relation to the grievance—

i

on or before 4th July 2009 under a jurisdiction listed in Part 2 of this Schedule and section 238 of the Trade Union and Labour Relations (Consolidation) Act 19926does not apply;

ii

on or before 4th October 2009 under a jurisdiction listed in Part 2 of this Schedule and section 238 of the Trade Union and Labour Relations (Consolidation) Act 1992 applies;

iii

on or before 4th October 2009 under a jurisdiction listed in Part 3 of this Schedule.

4

The terms—

  • “action”;

  • “dismissed”;

  • “grievance”;

  • “modified dismissal procedure”;

  • “modified grievance procedure”;

  • “relevant disciplinary action”;

  • “standard dismissal and disciplinary procedure”; and

  • “standard grievance procedure”,

have the same meaning in this Order as they have in the Regulations.

5

The amendments to section 24 and section 163 of the 1996 Act, made by section 7 of the Act, shall not have effect where the complaint has been presented to the employment tribunal before 6th April 2009.