The Employment Act 2002 (Amendment of Schedules 3, 4 and 5) Order 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Schedules 3, 4 and 5 to the Employment Act 2002 (“the Act”). The Order comes into force on 6^th April 2007.

Part 3 of the Act provides for statutory dispute resolution procedures which are set out in Schedule 2 to the Act. There are procedures for both dismissal and disciplinary proceedings and grievance issues. These procedures apply to the jurisdictions which are listed in Schedules 3 and 4 to the Act. Additionally, section 31 of the Act requires an employment tribunal to vary a compensatory award in certain circumstances in the case of the jurisdictions listed in Schedule 3. Section 32 of the Act precludes the presentation in certain circumstances of a case arising under a jurisdiction listed in Schedule 4. Section 38 requires an employment tribunal to award compensation in certain cases arising under the jurisdictions listed in Schedule 5.

This Order adds to the jurisdictions listed in Schedules 3, 4 and 5 to the Act those provisions which are referred to in article 3 of the Order.

The Order contains transitional provisions so that the dismissal and disciplinary procedures only apply where the employer first contemplated taking action after the Order comes into force and the grievance procedure only applies where the grievance occurs after the Order comes into force unless the grievance is a continuing matter and the employee has raised it with his employer or has presented a complaint to the employment tribunal before that date.

A full Regulatory Impact Assessment on the effect that these Regulations will have on the costs of business has been prepared and placed in the Library of each House of Parliament. Copies may be obtained from the Employment Relations Department, Department of Trade and Industry, 1 Victoria Street, London, SW1H 0EN.