The Employment Relations Act 2004 (Commencement No.1 and Transitional Provisions) Order 2004

Transitional Provisions

6.—(1) The amendments and repeals made by the following provisions of the Act–

(a) section 30 and subsections (1) to (7) of section 31,

(b) the paragraphs of Schedule 1 mentioned in article 3(b), and

(c) the entries in Schedule 2 mentioned in article 3(c) that relate to sections of the 1992 Act,

do not apply in the circumstances specified in paragraph (2).

(2) The circumstances are –

(a) where the act or failure to act to which the complaint relates was done before 1st October 2004, or

(b) where the act or failure to act to which the complaint relates is part of a series and the first act or failure in the series was done before that date.

(3) For the purposes of paragraph (2) an act extending over a period is done on the last day of that period and a failure to act shall be treated as done when it was decided on.

(4) For the purposes of paragraph (3), in the absence of evidence establishing the contrary, the employer shall be taken to decide on a failure to act–

(a) when he does an act inconsistent with doing the failed act, or

(b) if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.