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[NOTE: The words marked in bold type were inserted by the Lords to avoid |
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Make provision about the procedure for the resolution of employment |
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disputes; to provide for compensation for financial loss in cases of unlawful |
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underpayment or non-payment; to make provision about the enforcement of |
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minimum wages legislation and the application of the national minimum |
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wage to Cadet Force Adult Volunteers and voluntary workers; to make |
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provision about the enforcement of offences under the Employment Agencies |
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Act 1973; to make provision about the right of trade unions to expel or exclude |
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members on the grounds of membership of a political party; and for |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Statutory dispute resolution procedures |
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In the Employment Act 2002 (c. 22), sections 29 to 33 and Schedules 2 to 4 |
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(which make provision for statutory dispute resolution procedures) are |
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In the Employment Rights Act 1996 (c. 18), section 98A (procedural fairness) is |
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3 | Non-compliance with statutory Codes of Practice |
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(1) | The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) is |
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amended as specified in subsections (2) and (3). |
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(2) | After section 207 there is inserted— |
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“207A | Effect of failure to comply with Code: adjustment of awards |
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(1) | This section applies to proceedings before an employment tribunal |
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relating to a claim by an employee under any of the jurisdictions listed |
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(2) | If, in the case of proceedings to which this section applies, it appears to |
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the employment tribunal that— |
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(a) | the claim to which the proceedings relate concerns a matter to |
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which a relevant Code of Practice applies, |
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(b) | the employer has failed to comply with that Code in relation to |
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(c) | that failure was unreasonable, |
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| the employment tribunal may, if it considers it just and equitable in all |
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the circumstances to do so, increase any award it makes to the |
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employee by no more than 25%. |
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(3) | If, in the case of proceedings to which this section applies, it appears to |
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the employment tribunal that— |
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(a) | the claim to which the proceedings relate concerns a matter to |
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which a relevant Code of Practice applies, |
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(b) | the employee has failed to comply with that Code in relation to |
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(c) | that failure was unreasonable, |
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| the employment tribunal may, if it considers it just and equitable in all |
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the circumstances to do so, reduce any award it makes to the employee |
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(4) | In subsections (2) and (3), “relevant Code of Practice” means a Code of |
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Practice issued under this Chapter which relates exclusively or |
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primarily to procedure for the resolution of disputes. |
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(5) | Where an award falls to be adjusted under this section and under |
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section 38 of the Employment Act 2002, the adjustment under this |
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section shall be made before the adjustment under that section. |
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(6) | The Secretary of State may by order amend Schedule A2 for the |
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(a) | adding a jurisdiction to the list in that Schedule, or |
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(b) | removing a jurisdiction from that list. |
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(7) | The power of the Secretary of State to make an order under subsection |
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(6) includes power to make such incidental, supplementary, |
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consequential or transitional provision as the Secretary of State thinks |
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(8) | An order under subsection (6) shall be made by statutory instrument. |
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(9) | No order shall be made under subsection (6) unless a draft of the |
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statutory instrument containing it has been laid before Parliament and |
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approved by a resolution of each House.” |
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(3) | After Schedule A1 there is inserted— |
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Tribunal jurisdictions to which section 207A applies |
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Section 2 of the Equal Pay Act 1970 (c. 41) (equality clauses) |
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Section 63 of the Sex Discrimination Act 1975 (c. 65) (discrimination in the |
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Section 54 of the Race Relations Act 1976 (c. 74) (discrimination in the |
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Section 145A of this Act (inducements relating to union membership or |
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Section 145B of this Act (inducements relating to collective bargaining) |
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Section 146 of this Act (detriment in relation to union membership and |
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Paragraph 156 of Schedule A1 to this Act (detriment in relation to union |
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Section 17A of the Disability Discrimination Act 1995 (c. 50) |
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(discrimination in the employment field) |
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Section 23 of the Employment Rights Act 1996 (c. 18) (unauthorised |
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Section 48 of that Act (detriment in employment) |
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Section 111 of that Act (unfair dismissal) |
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Section 163 of that Act (redundancy payments) |
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Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in |
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relation to national minimum wage) |
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The Employment Tribunal Extension of Jurisdiction (England and Wales) |
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Order 1994 (SI 1994/1623) (breach of employment contract and |
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The Employment Tribunal Extension of Jurisdiction (Scotland) Order |
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1994 (SI 1994/1624) (corresponding provision for Scotland) |
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Regulation 30 of the Working Time Regulations 1998 (SI 1998/1833) |
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Regulation 32 of the Transnational Information and Consultation of |
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Employees Regulations 1999 (SI 1999/3323) (detriment relating to |
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Regulation 28 of the Employment Equality (Sexual Orientation) |
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Regulations 2003 (SI 2003/1660) (discrimination in the employment |
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Regulation 28 of the Employment Equality (Religion or Belief) |
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Regulations 2003 (SI 2003/1661) (discrimination in the employment |
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Regulation 45 of the European Public Limited-Liability Company |
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Regulations 2004 (SI 2004/2326) (detriment in employment) |
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Regulation 33 of the Information and Consultation of Employees |
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Regulations 2004 (SI 2004/3426) (detriment in employment) |
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Paragraph 8 of the Schedule to the Occupational and Personal Pension |
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Schemes (Consultation by Employers and Miscellaneous Amendment) |
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Regulations 2006 (SI 2006/349) (detriment in employment) |
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Regulation 36 of the Employment Equality (Age) Regulations 2006 (SI |
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2006/1031) (discrimination in the employment field) |
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Regulation 34 of the European Cooperative Society (Involvement of |
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Employees) Regulations 2006 (SI 2006/2059) (detriment in relation to |
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involvement in a European Cooperative Society).” |
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(4) | In section 124A of the Employment Rights Act 1996 (c. 18) (adjustments under |
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the Employment Act 2002), in paragraph (a), for the words from “section 31” to |
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“procedures)” there is substituted “section 207A of the Trade Union and |
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Labour Relations (Consolidation) Act 1992 (effect of failure to comply with |
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Code: adjustment of awards)”. |
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4 | Determination of proceedings without hearing |
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In the Employment Tribunals Act 1996 (c. 17), in section 7 (employment |
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tribunal procedure regulations), after subsection (3A) there is inserted— |
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“(3AA) | Employment tribunal procedure regulations under subsection (3A) |
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may only authorise the determination of proceedings without any |
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hearing in circumstances where— |
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(a) | all the parties to the proceedings consent in writing to the |
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determination without a hearing, or |
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(b) | the person (or, where more than one, each of the persons) |
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against whom the proceedings are brought— |
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(i) | has presented no response in the proceedings, or |
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(ii) | does not contest the case. |
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(3AB) | For the purposes of subsection (3AA)(b), a person does not present a |
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response in the proceedings if he presents a response but, in accordance |
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with provision made by the regulations, it is not accepted.” |
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5 | Conciliation before bringing of proceedings |
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(1) | In the Employment Tribunals Act 1996, section 18 (conciliation) is amended as |
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(2) | In subsection (3), for the words from “shall act” to the end there is substituted |
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“may endeavour to promote a settlement between the parties without |
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proceedings being instituted”. |
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(3) | For subsection (5) there is substituted— |
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“(5) | Where a conciliation officer acts pursuant to subsection (3) in a case |
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where the person claiming as specified in paragraph (a) of that |
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subsection has ceased to be employed by the employer and the |
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proceedings which he claims could be brought by him are proceedings |
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under section 111 of the Employment Rights Act 1996, the conciliation |
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officer may in particular— |
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(a) | seek to promote the reinstatement or re-engagement of that |
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person by the employer, or by a successor of the employer or by |
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an associated employer, on terms appearing to the conciliation |
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officer to be equitable, or |
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(b) | where the person does not wish to be reinstated or re-engaged, |
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or where reinstatement or re-engagement is not practicable, |
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seek to promote agreement between them as to a sum by way of |
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compensation to be paid by the employer to that person.” |
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