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.