 | |
| Sections 33 to 35: consequential. |
36. - (1) The following provisions (which confer power to increase sums) shall cease to have effect-
|
| |
(a) sections 120(2), 124(2), 186(2) and 227(2) to (4) of the Employment Rights Act 1996; |
| |
(b) sections 159 and 176(7) and (8) of the Trade Union and Labour Relations (Consolidation) Act 1992. |
| |
(2) Section 208 of the Employment Rights Act 1996 (review of limits) shall cease to have effect.
|
| |
(3) An increase effected, before section 34 comes into force, by virtue of a provision repealed by this section shall continue to have effect notwithstanding this section (but subject to section 34(2) and (4)).
|
| Compensatory award etc: removal of limit in certain cases. |
37. - (1) After section 124(1) of the Employment Rights Act 1996 (limit of compensatory award etc) there shall be inserted-
|
| |
 |
"(1A) Subsection (1) shall not apply to compensation awarded, or a compensatory award made, to a person in a case where he is regarded as unfairly dismissed by virtue of section 100, 103A, 105(3) or 105(6A)."
|
|
| |
(2) Section 127B of that Act (power to specify method of calculation of compensation where dismissal a result of protected disclosure) shall cease to have effect.
|
| Transfer of undertakings. |
38. - (1) This section applies where regulations under section 2(2) of the European Communities Act 1972 (general implementation of Treaties) make provision for the purpose of implementing, or for a purpose concerning, a Community obligation of the United Kingdom which relates to the treatment of employees on the transfer of an undertaking or business or part of an undertaking or business.
|
| |
(2) The Secretary of State may by regulations make the same or similar provision in relation to the treatment of employees in circumstances other than those to which the Community obligation applies (including circumstances in which there is no transfer, or no transfer to which the Community obligation applies).
|
| |
(3) Regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
|
| Minimum wage: information. |
39. - (1) Information obtained by a revenue official in the course of carrying out a function of the Commissioners of Inland Revenue may be-
|
| |
(a) supplied by the Commissioners of Inland Revenue to the Secretary of State for any purpose relating to the National Minimum Wage Act 1998; |
| |
(b) supplied by the Secretary of State with the authority of the Commissioners of Inland Revenue to any person acting under section 13(1)(b) of that Act; |
| |
(c) supplied by the Secretary of State with the authority of the Commissioners of Inland Revenue to an officer acting for the purposes of any of the agricultural wages legislation. |
| |
(2) In this section-
|
| |
"revenue official" means an officer of the Commissioners of Inland Revenue appointed under section 4 of the Inland Revenue Regulation Act 1890 (appointment of collectors, officers and other persons), and |
| |
"the agricultural wages legislation" has the same meaning as in section 16 of the National Minimum Wage Act 1998 (agricultural wages officers). |
| Dismissal of school staff. |
40. - (1) In paragraph 27(3)(b) of Schedule 16 to the School Standards and Framework Act 1998 (dismissal of staff: representations and appeal) for "for a period of two years or more (within the meaning of the Employment Rights Act 1996)" there shall be substituted ", within the meaning of the Employment Rights Act 1996, for a period at least as long as the period for the time being specified in section 108(1) of that Act (unfair dismissal: qualifying period)".
|
| |
(2) In paragraph 24(4)(b) of Schedule 17 to the School Standards and Framework Act 1998 (dismissal of staff: representations and appeal) for "for a period of two years or more (within the meaning of the Employment Rights Act 1996)" there shall be substituted ", within the meaning of the Employment Rights Act 1996, for a period at least as long as the period for the time being specified in section 108(1) of that Act (unfair dismissal: qualifying period)".
|
| National security. |
41. Schedule 8 shall have effect.
|
