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Employment Act 2002
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- 2002 c. 22
- Part 3
- Statutory procedures
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Changes over time for: Cross Heading: Statutory procedures
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Changes to legislation:
Employment Act 2002, Cross Heading: Statutory procedures is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 7(3)(e) and word inserted by 2023 c. 20 Sch. para. 36(4)(c)
- s. 15(2)(bb) word omitted by 2023 c. 20 Sch. para. 43(a)
- s. 15(2)(bc) inserted by 2023 c. 20 Sch. para. 43(b)
Statutory proceduresE+W+S
F129 Statutory dispute resolution proceduresE+W+S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Ss. 29-33 repealed (6.4.2009) by Employment Act 2008 (c. 24), ss. 1, 22(1)(a), Sch. Pt. 1; S.I. 2008/3232, art. 2 (with art. 3 Sch.)
F130 Contracts of employmentE+W+S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Ss. 29-33 repealed (6.4.2009) by Employment Act 2008 (c. 24), ss. 1, 22(1)(a), Sch. Pt. 1; S.I. 2008/3232, art. 2 (with art. 3 Sch.)
F131 Non-completion of statutory procedure: adjustment of awardsE+W+S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Ss. 29-33 repealed (6.4.2009) by Employment Act 2008 (c. 24), ss. 1, 22(1)(a), Sch. Pt. 1; S.I. 2008/3232, art. 2 (with art. 3 Sch.)
F132 Complaints about grievancesE+W+S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Ss. 29-33 repealed (6.4.2009) by Employment Act 2008 (c. 24), ss. 1, 22(1)(a), Sch. Pt. 1; S.I. 2008/3232, art. 2 (with art. 3 Sch.)
F133 Consequential adjustment of time limitsE+W+S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Ss. 29-33 repealed (6.4.2009) by Employment Act 2008 (c. 24), ss. 1, 22(1)(a), Sch. Pt. 1; S.I. 2008/3232, art. 2 (with art. 3 Sch.)
34 Procedural fairness in unfair dismissalE+W+S
(1)Part 10 of the Employment Rights Act 1996 (c. 18) (unfair dismissal) is amended as follows.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In section 112 (the remedies: orders and compensation), at the end there is inserted—
“(5)Where—
(a)an employee is regarded as unfairly dismissed by virtue of section 98A(1) (whether or not his dismissal is unfair or regarded as unfair for any other reason), and
(b)an order is made in respect of the employee under section 113,
the employment tribunal shall, subject to subsection (6), also make an award of four weeks’ pay to be paid by the employer to the employee.
(6)An employment tribunal shall not be required to make an award under subsection (5) if it considers that such an award would result in injustice to the employer.”
(4)In section 117 (under which an award of compensation falls to be made if an employee is reinstated or re-engaged in pursuance of an order under section 113, but the terms of the order are not fully complied with), after subsection (2) there is inserted—
“(2A)There shall be deducted from any award under subsection (1) the amount of any award made under section 112(5) at the time of the order under section 113.”
(5)In section 123 (compensatory award) at the end there is inserted—
“(8)Where the amount of the compensatory award falls to be calculated for the purposes of an award under section 117(3)(a), there shall be deducted from the compensatory award any award made under section 112(5) at the time of the order under section 113.”
(6)In section 120 (basic award: minimum in certain cases) after subsection (1) there is inserted—
“(1A)Where—
(a)an employee is regarded as unfairly dismissed by virtue of section 98A(1) (whether or not his dismissal is unfair or regarded as unfair for any other reason),
(b)an award of compensation falls to be made under section 112(4), and
(c)the amount of the award under section 118(1)(a), before any reduction under section 122(3A) or (4), is less than the amount of four weeks’ pay,
the employment tribunal shall, subject to subsection (1B), increase the award under section 118(1)(a) to the amount of four weeks’ pay.
(1B)An employment tribunal shall not be required by subsection (1A) to increase the amount of an award if it considers that the increase would result in injustice to the employer.”
Textual Amendments
F2S. 34(2) repealed (6.4.2009) by Employment Act 2008 (c. 24), s. 22(1)(a), Sch. Pt. 1; S.I. 2008/3232, art. 2 (with art. 3 Sch.)
Commencement Information
I1S. 34 in force at 1.10.2004 by S.I. 2004/1717, art. 2(2)
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