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Enterprise and Regulatory Reform BillPage 50

SCHEDULES

Section 7

SCHEDULE 1 Conciliation: minor and consequential amendments

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

1 5In section 288 of the Trade Union and Labour Relations (Consolidation) Act
1992 (restriction on contracting out), in subsection (2), for “section 18”
substitute “any of sections 18A to 18C”.

Employment Tribunals Act 1996 (c. 17)Employment Tribunals Act 1996 (c. 17)

2 The Employment Tribunals Act 1996 is amended as follows.

3 10In section 7 (employment tribunal procedure regulations), in subsection
(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) 15Section 18 (conciliation) is amended as follows.

(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) 20In subsection (1)(b)—

(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) 25After subsection (1) insert—

(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) 30In subsections (6) and (7), for “this section” substitute “any of sections 18A
to 18C”.

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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
5to a conciliation officer, the conciliation officer shall endeavour to
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
10considers that the officer could act under this section with a
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
15was made, the conciliation officer may in particular—

(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) 20where the complainant does not wish to be reinstated or re-
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
25complainant.

(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),
30in subsection (1)(a)(i), for “section 18” substitute “any of sections 18A to
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) 35before the definition of “the Appeal Tribunal” insert—

(b) in the definition of “conciliation officer” for “the Advisory,
Conciliation and Arbitration Service” substitute “ACAS”.

40Employment Rights Act 1996 (c. 18)Employment Rights Act 1996 (c. 18)

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 BillPage 52

National Minimum Wage Act 1998 (c. 39)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”.

5Employment Act 2008 (c. 24)Employment Act 2008 (c. 24)

12 Section 5 of the Employment Act 2008 (which amends provisions repealed
by paragraph 5(8)) is omitted.

Pensions Act 2008 (c. 30)2008 (c. 30)

13 In section 58 of the Pensions Act 2008 (restrictions on agreements to limit
10operation of Part 1), in subsection (3), for “section 18” substitute “any of
sections 18A to 18C”.

Section 8

SCHEDULE 2 Extension of limitation periods to allow for conciliation

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

1 15The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
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
20institution of proceedings) applies for the purposes of subsection
(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
25institution of proceedings) applies for the purposes of subsection
(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
30institution of proceedings) applies for the purposes of subsection
(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
35institution of proceedings) applies for the purposes of subsection
(2)(a).

6 In section 139 (time limit for proceedings under sections 137 and 138), after

Enterprise and Regulatory Reform BillPage 53

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) 5Section 145C (time limit for proceedings under sections 145A and 145B) is
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
10institution of proceedings) applies for the purposes of subsection
(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
15institution of proceedings) applies for the purposes of subsection
(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) 20After 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).

10 (1) Section 175 (time limit for proceedings under section 174) is amended as
25follows.

(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
30(1)(a).

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
35(5)(b).

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
40(2)(a).

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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
5purposes of a provision of this Act (a “relevant provision”).

(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
10contact ACAS before instituting proceedings) in relation to
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
15regulations made under subsection (11) of that section) the
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) 20If a time limit set by a relevant provision would (if not extended by
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
25a time limit set by a relevant provision, the power is exercisable in
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) 30Section 292A (extension of time limits to facilitate conciliation
before institution of proceedings) applies for the purposes of sub-
paragraph (1)(a).

Employment Rights Act 1996 (c. 18)Employment Rights Act 1996 (c. 18)

15 The Employment Rights Act 1996 is amended as follows.

16 35In section 11 (references to employment tribunals: contravention of section
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
40subsection (4)(a).

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 5In section 48 (complaints to employment tribunals: contravention of Part 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
10of time limits to facilitate conciliation before institution of proceedings)
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
15proceedings) apply”.

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
20(2)(a)”.

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
25facilitate conciliation before institution of proceedings) apply for the
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
30proceedings) apply”.

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 35In section 63 (complaints to employment tribunals: contravention of section
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
40section 63A or 63B), in subsection (2A), for “applies” substitute “and section
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
45section 207B (extension of time limits to facilitate conciliation before
institution of proceedings) apply”.

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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 5In section 70A (complaints to employment tribunals: agency workers), after
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
10purposes of subsections (2)(a) and (5)(a).

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
15section 80G(1) or 80H(1)(b)), in subsection (7), for “applies” substitute “and
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
20(extension of time limits to facilitate conciliation before institution of
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
25institution of proceedings) applies for the purposes of subsections
(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
30proceedings

(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) 35In this section—

(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
40proceedings) in relation to the matter in respect of which the
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
45section) the certificate issued under subsection (4) of that
section.

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(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
5this 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
10relation to the time limit as extended by this section.

National Minimum Wage Act 1998 (c. 39)National Minimum Wage Act 1998 (c. 39)

36 The National Minimum Wage Act 1998 is amended as follows.

37 In section 11 (failure of employer to allow access to records), after subsection
(4) insert—

(4A) 15Where the complaint is presented to an employment tribunal in
England and Wales or Scotland, section 11A applies for the purposes
of subsection (3).

38 After section 11 insert—

11A Extension of time limit to facilitate conciliation before institution of
20proceedings

(1) In this section—

(a) Day A is the day on which the worker concerned complies
with the requirement in subsection (1) of section 18A of the
Employment Tribunals Act 1996 (requirement to contact
25ACAS before instituting proceedings) in relation to the
matter in respect of which the proceedings are brought, and

(b) Day B is the day on which the worker concerned receives or,
if earlier, is treated as receiving (by virtue of regulations
made under subsection (11) of that section) the certificate
30issued under subsection (4) of that section.

(2) In working out when the time limit set by section 11(3) expires the
period beginning with the day after Day A and ending with Day B is
not to be counted.

(3) If the time limit set by section 11(3) would (if not extended by this
35subsection) 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.

(4) The power conferred on the employment tribunal by subsection (4)
of section 11 to extend the time limit set by subsection (3) of that
40section is exercisable in relation to that time limit as extended by this
section.

39 In section 24 (enforcement of right under section 23), in subsection (2)(a), for
“sections 48(2) to (4)” substitute “sections 48(2) to (4A)”.

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Employment Relations Act 1999 (c. 26)Employment Relations Act 1999 (c. 26)

40 In section 11 of the Employment Relations Act 1999 (complaint to
employment tribunal), after subsection (2) insert—

(2A) Section 207A(3) (extension because of mediation in certain European
5cross-border disputes) and section 207B (extension of time limits to
facilitate conciliation before institution of proceedings) of the
Employment Rights Act 1996 apply for the purposes of subsection
(2)(a).

(2B) Subsections (2) and (2A) are to be treated as provisions of the
10Employment Rights Act 1996 for the purposes of sections 207A and
207B of that Act.

Pensions Act 2008 (c. 30)2008 (c. 30)

41 In section 56 of the Pensions Act 2008 (enforcement of right under section
55), in subsection (2), for “sections 48(2) to (4)” substitute “sections 48(2) to
15(4A)”.

Equality Act 2010 (c. 15)Equality Act 2010 (c. 15)

42 The Equality Act 2010 is amended as follows.

43 In section 123 (time limits: proceedings under section 120), in subsection (1),
for “section 140A” substitute “sections 140A and 140B”.

44 20In section 129 (time limits: proceedings under section 127)—

(a) in subsection (3), for “section 140A” substitute “sections 140A and
140B”;

(b) in subsection (4), after “the period mentioned in the second column”
insert “, subject to section 140B”.

45 25After section 140A (extension of time limits because of mediation in certain
cross-border disputes) insert—

140B Extension of time limits to facilitate conciliation before institution of
proceedings

(1) This section applies where a time limit is set by section 123(1)(a) or
30129(3) or (4).

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 140A.

(2) In this section—

(a) Day A is the day on which the complainant or applicant
35concerned 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
proceedings are brought, and

(b) 40Day 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
section.

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(3) In working out when the time limit set by section 123(1)(a) or 129(3)
or (4) expires the period beginning with the day after Day A and
ending with Day B is not to be counted.

(4) If the time limit set by section 123(1)(a) or 129(3) or (4) would (if not
5extended by 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) The power conferred on the employment tribunal by subsection
(1)(b) of section 123 to extend the time limit set by subsection (1)(a)
10of that section is exercisable in relation to that time limit as extended
by this section.

Section 13

SCHEDULE 3 Financial penalties: minor and consequential amendments

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)1992 (c. 52)

1 15In section 138 of the Trade Union and Labour Relations (Consolidation) Act
1992 (refusal of service of employment agency on grounds related to union
membership), after subsection (2) insert—

(2A) Section 12A of the Employment Tribunals Act 1996 (financial
penalties) applies in relation to a complaint under this section as it
20applies in relation to a claim involving an employer and a worker
(reading references to an employer as references to the employment
agency and references to a worker as references to the complainant).

Employment Tribunals Act 1996 (c. 17)1996 (c. 17)

2 The Employment Tribunals Act 1996 is amended as follows.

3 25Before section 13 insert—

4 (1) In section 41 (orders, regulations and rules), in subsection (2) (orders etc
subject to affirmative resolution procedure), after “4(4) or (6D)” insert
“, 12A(9)”.

(2) If this paragraph comes into force before section 10, sub-paragraph (1) has
30effect as if “4(4)” were substituted for “4(4) or (6D)”.

Employment Rights Act 1996 (c. 18)1996 (c. 18)

5 In section 201 of the Employment Rights Act 1996 (power to extend
employment legislation to offshore employment), after subsection (3)
insert—

(3A) 35Where an Order in Council under this section confers jurisdiction on
an employment tribunal, the jurisdiction conferred includes power
to make an order under section 12A of the Employment Tribunals
Act 1996 (financial penalties), and that section applies accordingly.

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