Enterprise and Regulatory Reform Bill

Session 2012 - 13
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Enterprise and Regulatory Reform Bill

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Enterprise and Regulatory Reform Bill
Schedule 1 — Conciliation: minor and consequential amendments

Schedules
Schedule 1
Section 7

Conciliation: minor and consequential amendments
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
1
In section 288 of the Trade Union and Labour Relations (Consolidation) Act
5
1992 (restriction on contracting out), in subsection (2), for “section 18”
substitute “any of sections 18A to 18C”.
Employment Tribunals Act 1996 (c. 17)
2
The Employment Tribunals Act 1996 is amended as follows.
3
In section 7 (employment tribunal procedure regulations), in subsection
10
(3ZA)(b), after “form” insert “(including certificates issued under section
18A(4))”.
4
In section 7B (mediation), in subsection (5), for “the Advisory, Conciliation
and Arbitration Service” substitute “ACAS”.
5     (1)
Section 18 (conciliation) is amended as follows.
15
      (2)
At the end of the heading insert “: relevant proceedings etc.”
      (3)
In subsection (1), for the words before paragraph (a) substitute “In this
section and sections 18A to 18C “relevant proceedings” means employment
tribunal proceedings—”.
      (4)
In subsection (1)(b)—
20
(a)
after “68” insert “, 70B”;
(b)
after “Act 1992” insert “or paragraph 156 of Schedule A1 to that Act”.
      (5)
In subsection (1)(dd), for “20(1)(a)” substitute “19D(1)(a)”.
      (6)
Omit subsection (1)(f) and (n).
      (7)
After subsection (1) insert—
25
“(1A)
Sections 18A and 18B apply in the case of matters which could be the
subject of relevant proceedings, and section 18C applies in the case
of relevant proceedings themselves.”
      (8)
Omit subsections (2) to (5).
      (9)
In subsections (6) and (7), for “this section” substitute “any of sections 18A
30
to 18C”.

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Schedule 1 — Conciliation: minor and consequential amendments
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6
After section 18B (inserted by section 7(1)) insert—
“18C
Conciliation after institution of proceedings
(1)
Where an application instituting relevant proceedings has been
presented to an employment tribunal, and a copy of it has been sent
to a conciliation officer, the conciliation officer shall endeavour to
5
promote a settlement—
(a)
if requested to do so by the person by whom and the person
against whom the proceedings are brought, or
(b)
if, in the absence of any such request, the conciliation officer
considers that the officer could act under this section with a
10
reasonable prospect of success.
(2)
Where a person who has presented a complaint to an employment
tribunal under section 111 of the Employment Rights Act 1996 has
ceased to be employed by the employer against whom the complaint
was made, the conciliation officer may in particular—
15
(a)
seek to promote the reinstatement or re-engagement of the
complainant by the employer, or by a successor of the
employer or by an associated employer, on terms appearing
to the conciliation officer to be equitable, or
(b)
where the complainant does not wish to be reinstated or re-
20
engaged, or where reinstatement or re-engagement is not
practicable, and the parties desire the conciliation officer to
act, seek to promote agreement between them as to a sum by
way of compensation to be paid by the employer to the
complainant.
25
(3)
In subsection (1) “settlement” means a settlement that brings
proceedings to an end without their being determined by an
employment tribunal.”
7
In section 19A (conciliation: recovery of sums payable under compromises),
in subsection (1)(a)(i), for “section 18” substitute “any of sections 18A to
30
18C”.
8
In section 40 (power to amend Act), in subsection (2), omit the words from
“and to section 18” to the end.
9
In section 42 (interpretation), in subsection (1)—
(a)
before the definition of “the Appeal Tribunal” insert—
35
““ACAS” means the Advisory, Conciliation and
Arbitration Service,”;
(b)
in the definition of “conciliation officer” for “the Advisory,
Conciliation and Arbitration Service” substitute “ACAS”.
Employment Rights Act 1996 (c. 18)
40
10
In section 203 of the Employment Rights Act 1996 (restrictions on
contracting out), in subsection (2)(e), for “section 18” substitute “any of
sections 18A to 18C”.

Enterprise and Regulatory Reform Bill
Schedule 2 — Extension of limitation periods to allow for conciliation
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National Minimum Wage Act 1998 (c. 39)
11
In section 49 of the National Minimum Wage Act 1998 (restrictions on
contracting out), in subsection (2)(a), for “section 18” substitute “any of
sections 18A to 18C”.
Employment Act 2008 (c. 24)
5
12
Section 5 of the Employment Act 2008 (which amends provisions repealed
by paragraph 5(8)) is omitted.
Pensions Act 2008 (c. 30)
13
In section 58 of the Pensions Act 2008 (restrictions on agreements to limit
operation of Part 1), in subsection (3), for “section 18” substitute “any of
10
sections 18A to 18C”.
Schedule 2
Section 8

Extension of limitation periods to allow for conciliation
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
1
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
15
as follows.
2
In section 66 (complaint of infringement of right under section 64), after
subsection (2) insert—
“(2A)
Section 292A (extension of time limits to facilitate conciliation before
institution of proceedings) applies for the purposes of subsection
20
(2)(a).”
3
In section 68A (complaint of infringement of right under section 68), after
subsection (1) insert—
“(1A)
Section 292A (extension of time limits to facilitate conciliation before
institution of proceedings) applies for the purposes of subsection
25
(1)(a).”
4
In section 70C (section 70B: complaint to employment tribunal), after
subsection (2) insert—
“(2A)
Section 292A (extension of time limits to facilitate conciliation before
institution of proceedings) applies for the purposes of subsection
30
(2)(a).”
5
In section 87 (complaint in respect of employer’s failure under section 86),
after subsection (2) insert—
“(2A)
Section 292A (extension of time limits to facilitate conciliation before
institution of proceedings) applies for the purposes of subsection
35
(2)(a).”
6
In section 139 (time limit for proceedings under sections 137 and 138), after

Enterprise and Regulatory Reform Bill
Schedule 2 — Extension of limitation periods to allow for conciliation
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subsection (3) insert—
“(4)
Section 292A (extension of time limits to facilitate conciliation before
institution of proceedings) applies for the purposes of subsection
(1)(a).”
7     (1)
Section 145C (time limit for proceedings under sections 145A and 145B) is
5
amended as follows.
      (2)
The existing text becomes subsection (1).
      (3)
After that subsection insert—
“(2)
Section 292A (extension of time limits to facilitate conciliation before
institution of proceedings) applies for the purposes of subsection
10
(1)(a).”
8
In section 147 (time limit for proceedings under section 146), after subsection
(3) insert—
“(4)
Section 292A (extension of time limits to facilitate conciliation before
institution of proceedings) applies for the purposes of subsection
15
(1)(a).”
9     (1)
Section 171 (time limit for proceedings under sections 168, 168A, 169 and
170) is amended as follows.
      (2)
The existing text becomes subsection (1).
      (3)
After that subsection insert—
20
“(2)
Section 292A (extension of time limits to facilitate conciliation before
institution of proceedings) applies for the purposes of subsection
(1)(a).”
10    (1)
Section 175 (time limit for proceedings under section 174) is amended as
follows.
25
      (2)
The existing text becomes subsection (1).
      (3)
After that subsection insert—
“(2)
Section 292A (extension of time limits to facilitate conciliation before
institution of proceedings) applies for the purposes of subsection
(1)(a).”
30
11
In section 189 (complaint: contravention of section 188), after subsection (5)
insert—
“(5A)
Section 292A (extension of time limits to facilitate conciliation before
institution of proceedings) applies for the purposes of subsection
(5)(b).”
35
12
In section 192 (complaint by employee to employment tribunal:
contravention of section 190), after subsection (2) insert—
“(2A)
Section 292A (extension of time limits to facilitate conciliation before
institution of proceedings) applies for the purposes of subsection
(2)(a).”
40

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Schedule 2 — Extension of limitation periods to allow for conciliation
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13
After section 292 insert—
“292A
Extension of time limits to facilitate conciliation before institution of
proceedings
(1)
This section applies where this Act provides for it to apply for the
purposes of a provision of this Act (a “relevant provision”).
5
(2)
In this section—
(a)
Day A is the day on which the complainant concerned
complies with the requirement in subsection (1) of section
18A of the Employment Tribunals Act 1996 (requirement to
contact ACAS before instituting proceedings) in relation to
10
the matter in respect of which the proceedings are brought,
and
(b)
Day B is the day on which the complainant concerned
receives or, if earlier, is treated as receiving (by virtue of
regulations made under subsection (11) of that section) the
15
certificate issued under subsection (4) of that section.
(3)
In working out when a time limit set by a relevant provision expires
the period beginning with the day after Day A and ending with Day
B is not to be counted.
(4)
If a time limit set by a relevant provision would (if not extended by
20
this subsection) expire during the period beginning with Day A and
ending one month after Day B, the time limit expires instead at the
end of that period.
(5)
Where an employment tribunal has power under this Act to extend
a time limit set by a relevant provision, the power is exercisable in
25
relation to the time limit as extended by this section.”
14
In Schedule A1 (collective bargaining: recognition), in paragraph 157
(complaint to employment tribunal: contravention of paragraph 156), after
sub-paragraph (3) insert—
    “(4)
Section 292A (extension of time limits to facilitate conciliation
30
before institution of proceedings) applies for the purposes of sub-
paragraph (1)(a).”
Employment Rights Act 1996 (c. 18)
15
The Employment Rights Act 1996 is amended as follows.
16
In section 11 (references to employment tribunals: contravention of section
35
8), after subsection (5) insert—
“(6)
Where the reference concerns compliance with section 8, section
207B (extension of time limits to facilitate conciliation before
institution of proceedings) also applies for the purposes of
subsection (4)(a).”
40
17
In section 23 (complaints to employment tribunals: contravention of section
13, 15, 18(1) or 21(1)), in subsection (3A), for “applies” substitute “and section
207B (extension of time limits to facilitate conciliation before institution of
proceedings) apply”.

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18
In section 34 (complaints to employment tribunals: contravention of section
28), in subsection (2A), for “applies” substitute “and section 207B (extension
of time limits to facilitate conciliation before institution of proceedings)
apply”.
19
In section 48 (complaints to employment tribunals: contravention of Part 5),
5
in subsection (4A), for “applies” substitute “and section 207B (extension of
time limits to facilitate conciliation before institution of proceedings) apply”.
20
In section 51 (complaints to employment tribunals: contravention of section
50), in subsection (2A), for “applies” substitute “and section 207B (extension
of time limits to facilitate conciliation before institution of proceedings)
10
apply”.
21
In section 54 (complaints to employment tribunals: contravention of section
52 or 53), in subsection (2A), for “applies” substitute “and section 207B
(extension of time limits to facilitate conciliation before institution of
proceedings) apply”.
15
22
In section 57 (complaints to employment tribunals: contravention of section
55 or 56), in subsection (2A), for the words from “applies” to the end
substitute “and section 207B (extension of time limits to facilitate conciliation
before institution of proceedings) apply for the purposes of subsection
(2)(a)”.
20
23
In section 57ZC (complaint to employment tribunal: agency workers), after
subsection (3) insert—
“(3A)
Section 207A(3) (extension because of mediation in certain European
cross-border disputes) and section 207B (extension of time limits to
facilitate conciliation before institution of proceedings) apply for the
25
purposes of subsection (3)(a).”
24
In section 57B (complaint to employment tribunal: contravention of section
57A), in subsection (2A), for “applies” substitute “and section 207B
(extension of time limits to facilitate conciliation before institution of
proceedings) apply”.
30
25
In section 60 (complaints to employment tribunals: contravention of section
58 or 59), in subsection (2A), for “applies” substitute “and section 207B
(extension of time limits to facilitate conciliation before institution of
proceedings) apply”.
26
In section 63 (complaints to employment tribunals: contravention of section
35
61 or 62), in subsection (2A), for “applies” substitute “and section 207B
(extension of time limits to facilitate conciliation before institution of
proceedings) apply”.
27
In section 63C (complaints to employment tribunals: contravention of
section 63A or 63B), in subsection (2A), for “applies” substitute “and section
40
207B (extension of time limits to facilitate conciliation before institution of
proceedings) apply”.
28
In section 63I (complaints to employment tribunals: contravention of section
63F(4), (5) or (6) or 63I(1)(b)), in subsection (7), for “applies” substitute “and
section 207B (extension of time limits to facilitate conciliation before
45
institution of proceedings) apply”.

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Schedule 2 — Extension of limitation periods to allow for conciliation
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29
In section 70 (complaints to employment tribunals: contravention of section
64, 67 or 68), in subsection (8), for “applies” substitute “and section 207B
(extension of time limits to facilitate conciliation before institution of
proceedings) apply”.
30
In section 70A (complaints to employment tribunals: agency workers), after
5
subsection (7) insert—
“(7A)
Section 207A(3) (extension because of mediation in certain European
cross-border disputes) and section 207B (extension of time limits to
facilitate conciliation before institution of proceedings) apply for the
purposes of subsections (2)(a) and (5)(a).”
10
31
In section 80 (complaint to employment tribunal: parental leave), in
subsection (2A), for “applies” substitute “and section 207B (extension of time
limits to facilitate conciliation before institution of proceedings) apply”.
32
In section 80H (complaints to employment tribunals: contravention of
section 80G(1) or 80H(1)(b)), in subsection (7), for “applies” substitute “and
15
section 207B (extension of time limits to facilitate conciliation before
institution of proceedings) apply”.
33
In section 111 (complaints to employment tribunal: contravention of section
92 or Part 10), in subsection (2A), for “applies” substitute “and section 207B
(extension of time limits to facilitate conciliation before institution of
20
proceedings) apply”.
34
In section 164 (claims for redundancy payment: contravention of section
135), after subsection (4) insert—
“(5)
Section 207B (extension of time limits to facilitate conciliation before
institution of proceedings) applies for the purposes of subsections
25
(1)(c) and (2).”
35
After section 207A (extension of time limits because of mediation in certain
cross-border disputes) insert—
“207B
Extension of time limits to facilitate conciliation before institution of
proceedings
30
(1)
This section applies where this Act provides for it to apply for the
purposes of a provision of this Act (a “relevant provision”).

But it does not apply to a dispute that is (or so much of a dispute as
is) a relevant dispute for the purposes of section 207A.
(2)
In this section—
35
(a)
Day A is the day on which the complainant or applicant
concerned complies with the requirement in subsection (1) of
section 18A of the Employment Tribunals Act 1996
(requirement to contact ACAS before instituting
proceedings) in relation to the matter in respect of which the
40
proceedings are brought, and
(b)
Day B is the day on which the complainant or applicant
concerned receives or, if earlier, is treated as receiving (by
virtue of regulations made under subsection (11) of that
section) the certificate issued under subsection (4) of that
45
section.