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The Employment Tribunals (Interest) Order (Amendment) Order 2013

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Statutory Instruments

2013 No. 1671

Employment Tribunals

The Employment Tribunals (Interest) Order (Amendment) Order 2013

Made

4th July 2013

Laid before Parliament

8th July 2013

Coming into force

29th July 2013

The Secretary of State, in exercise of the powers conferred by sections 14 and 41 of the Employment Tribunals Act 1996(1), and sections 139(1)(b), 139(2) and 207 of the Equality Act 2010(2), and with the approval of the Treasury, makes the following Order:

Citation and commencement

1.  This Order may be cited as the Employment Tribunals (Interest) Order (Amendment) Order 2013 and shall come into force on 29th July 2013.

Amendment of the Employment Tribunals (Interest) Order 1990

2.  In paragraph (1) of Article 2 of the Employment Tribunals (Interest) Order 1990(3) omit the definition of “the calculation day” and insert—

“the calculation day” in relation to a relevant decision day means the day immediately following the relevant decision day;.

3.  In Article 3 of the Employment Tribunals (Interest) Order 1990 insert—

(4) Notwithstanding paragraph (1), no interest shall be payable if payment of the full amount of the award (including any interest under regulation 2 of the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996(4)) is made within 14 days after the relevant decision day..

Transitional provisions

4.  Articles 2 and 3 do not have effect in relation to a claim which is presented to an Employment Tribunal Office on or before 28th July 2013.

Jo Swinson

Parliamentary Under Secretary of State for Employment Relations, Consumer and Postal Affairs

Department for Business, Innovation and Skills

4th July 2013

Robert Goodwill

Anne Milton

Two of the Lords Commissioners of Her Majesty’ Treasury

4th July 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Employment Tribunals (Interest) Order 1990 so that interest on an unpaid award accrues from the day after the relevant decision day, but no interest shall be payable if the full amount of the award is paid within 14 days after the relevant decision day.

(1)

1996 c. 17; section 14 was amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 1(2)(b).

(4)

S.I. 1996/2803; by virtue of section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) industrial tribunals were renamed employment tribunals and references to “industrial tribunal” in any enactment was substituted with “employment tribunal”.

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