The Employment Act 2008 (Commencement No. 1, Transitional Provisions and Savings) Order 2008

• Citation: S.I. 2008/3232
• Sections: 8

Section 1 Citation and interpretation

(1) This Order may be cited as the Employment Act 2008 (Commencement No. 1, Transitional Provisions and Savings) Order 2008.

(2) In this Order:

“the 1996 Act ” means the Employment Rights Act 1996 ;

“the 2002 Act ” means the Employment Act 2002 ;

“ the Regulations ” means the Employment Act 2002 (Dispute Resolution) Regulations 2004 ; and

“ the Act ” means the Employment Act 2008.

Section 2 Commencement

Subject to article 3, sections 1 to 7 of, and Part 1 of the Schedule to, the Act shall come into force on 6th April 2009.

Section 3 Transitional provisions and savings

The transitional provisions and savings in the Schedule to this Order shall have effect.

Section 1

The following amendments and repeals made by the Act shall have effect subject to the provisions of paragraphs 2 and 3—

(a) the repeal of sections 29 to 33, section 34(2), and of the definition of “statutory procedure” in section 40, of, and the repeal of Schedules 2 to 4 to, the 2002 Act;

(b) the repeal of section 98A, and of the words “or 98A(1)” in sections 112(5)(a) and 120(1A)(a) of the 1996 Act;

(c) the amendments to the Trade Union and Labour Relations (Consolidation) Act 1992 ; and

(d) the amendment to section 124A of the 1996 Act.

Section 2

(1) The amendments and repeals referred to in paragraph 1 shall not have effect where on or before 5th April 2009 the standard dismissal and disciplinary procedure or the modified dismissal procedure applies by virtue of regulation 3 of the Regulations and on or before that date the employer has—

(a) complied with the requirements of paragraph 1, 2 or 4 of Schedule 2 to the 2002 Act;

(b) taken relevant disciplinary action against the employee; or

(c) dismissed the employee.

(2) For the purposes of paragraph 2(1) the employer shall be treated as having complied with—

(a) paragraph 1 of Schedule 2 to the 2002 Act where that employer has complied with paragraph 1(1) of Schedule 2 to that Act, and sent the statement or a copy of it to the employee;

(b) paragraph 2 of Schedule 2 to the 2002 Act where the employee attends a meeting with the employer and the employee is informed that the employer is contemplating dismissing or taking disciplinary action against them;

(c) paragraph 4 of Schedule 2 to the 2002 Act, where that employer has complied with paragraph 4(a)(i) and (ii) and 4(b) of that Schedule.

Section 3

(1) The amendments and repeals referred to in paragraph 1 shall not have effect where the standard grievance procedure or the modified grievance procedure applies by virtue of regulation 6 of the Regulations, and the action about which the employee complains (by complying with paragraph 6 or 9 of Schedule 2 to the 2002 Act, or presenting a complaint to an employment tribunal) occurs wholly before 6th April 2009.

(2) The amendments and repeals referred to in paragraph 1 shall not have effect where the standard grievance procedure or the modified grievance procedure applies by virtue of regulation 6 of the Regulations and—

(a) the action which forms the basis of a grievance begins on or before 5th April 2009 and continues beyond that date; and

(b) the employee presents a complaint to the employment tribunal or complies with paragraph 6 or 9 of Schedule 2 to the 2002 Act in relation to the grievance—

(i) on or before 4th July 2009 under a jurisdiction listed in Part 2 of this Schedule and section 238 of the Trade Union and Labour Relations (Consolidation) Act 1992 does not apply;

(ii) on or before 4th October 2009 under a jurisdiction listed in Part 2 of this Schedule and section 238 of the Trade Union and Labour Relations (Consolidation) Act 1992 applies;

(iii) on or before 4th October 2009 under a jurisdiction listed in Part 3 of this Schedule.

Section 4

The terms—

“action”;

“dismissed”;

“grievance”;

“modified dismissal procedure”;

“modified grievance procedure”;

“relevant disciplinary action”;

“standard dismissal and disciplinary procedure”; and

“standard grievance procedure”,

have the same meaning in this Order as they have in the Regulations.

Section 5

The amendments to section 24 and section 163 of the 1996 Act, made by section 7 of the Act, shall not have effect where the complaint has been presented to the employment tribunal before 6th April 2009.