The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013

• Citation: S.I. 2013/763
• Sections: 3

Section 1 Citation and commencement

This Order may be cited as the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 and comes into force on 6th April 2013.

Section 2 Application

(1) The amendments made by paragraphs (2) and (3) of article 3 below apply to proposals to dismiss as redundant 100 or more employees at one establishment within a period of 90 days or less which are made on or after 6th April 2013.

(2) The amendment made by paragraph (4) of article 3 below applies to proposals to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less which are made on or after 6th April 2013.

Section 3 Amendments to the Trade Union and Labour Relations (Consolidation) Act 1992

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

(2) In section 188 (length of period between beginning of consultation and the first dismissal taking effect), in paragraph (a) of subsection (1A), for “90 days” substitute “45 days”.

(3) In section 193 (length of period between notifying the Secretary of State and the first dismissal taking effect), in paragraph (b) of subsection (1), for “90 days” substitute “45 days”.

(4) For section 282 (short term employment), substitute—

Fixed term employment

(282)

(1) In this section, “fixed term contract” means a contract of employment that, under its provisions determining how it will terminate in the normal course, will terminate—

(a) on the expiry of a specific term,

(b) on the completion of a particular task, or

(c) on the occurrence or non-occurrence of any other specific event other than the attainment by the employee of any normal and bona fide retiring age in the establishment for an employee holding the position held by him.

(2) The provisions of Chapter II of Part IV (procedure for handling redundancies) do not apply to employment under a fixed term contract unless—

(a) the employer is proposing to dismiss the employee as redundant; and

(b) the dismissal will take effect before the expiry of the specific term, the completion of the particular task or the occurrence or non-occurrence of the specific event (as the case may be).