The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014

• Citation: S.I. 2014/386
• Sections: 69

Section 1 Citation and commencement

This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 and comes into force on 6th April 2014.

Section 2 Consequential amendments

The amendments in the Schedule to this Order have effect.

Section 1 Employment Protection (Continuity of Employment) Regulations 1996

In regulation 2 of the Employment Protection (Continuity of Employment) Regulations 1996 , in paragraph (c), for “section 18” substitute “any of sections 18A to 18C”.

Section 2 Working Time Regulations 1998

The Working Time Regulations 1998 are amended as follows.

Section 3 Working Time Regulations 1998

In regulation 30(2) for “article 30A” substitute “regulations 30A and 30B”.

Section 4 Working Time Regulations 1998

After regulation 30A , insert—

Extension of time limit to facilitate conciliation before institution of proceedings

(30B)

(1) In this regulation—

(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 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 worker 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.

(2) In working out when the time limit set by regulation 30(2)(a) 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 regulation 30(2)(a) would (if not extended by this paragraph) 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 regulation 30(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.

Section 5 Working Time Regulations 1998

In regulation 35, in paragraph (2)(a), for “section 18” substitute “any of sections 18A to 18C”.

Section 6 Transnational Information and Consultation of Employees Regulations 1999

The Transnational Information and Consultation of Employees Regulations 1999 are amended as follows.

Section 7 Transnational Information and Consultation of Employees Regulations 1999

In regulation 27 after paragraph (2) insert—

(2A) Regulation 27A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).

Section 8 Transnational Information and Consultation of Employees Regulations 1999

After regulation 27 insert—

Extension of time limit to facilitate conciliation before institution of proceedings

(27A)

(1) In this regulation—

(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 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 worker 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.

(2) In working out when the time limit set by regulation 27(2)(a) 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 regulation 27(2)(a) would (if not extended by this paragraph) 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 regulation 27(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.

Section 9 Transnational Information and Consultation of Employees Regulations 1999

In regulation 41, in paragraph (2)(a), for “section 18” substitute “any of sections 18A to 18C”.

Section 10 Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000

The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 is amended as follows.

Section 11 Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000

In regulation 8 after paragraph (2) insert—

(2A) Regulation 8A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).

Section 12 Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000

After regulation 8 insert—

Extension of time limit to facilitate conciliation before institution of proceedings

(8A)

(1) In this regulation—

(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 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 worker 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.

(2) In working out when the time limit set by regulation 8(2) 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 regulation 8(2) would (if not extended by this paragraph) 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 regulation 8(3) to extend the time limit set by paragraph (2) of that regulation is exercisable in relation to that time limit as extended by this regulation.

Section 13 Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002

The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 are amended as follows.

Section 14 Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002

In regulation 7 after paragraph (2) insert—

(2A) Regulation 7A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).

Section 15 Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002

After regulation 7 insert—

Extension of time limit to facilitate conciliation before institution of proceedings

(7A)

(1) In this regulation—

(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 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 worker 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.

(2) In working out when the time limit set by regulation 7(2) 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 regulation 7(2) would (if not extended by this paragraph) 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 regulation 7(3) to extend the time limit set by paragraph (2) of that regulation is exercisable in relation to that time limit as extended by this regulation.

Section 16 Merchant Shipping (Hours of Work) Regulations 2002

The Merchant Shipping (Hours of Work) Regulations 2002 are amended as follows.

Section 17 Merchant Shipping (Hours of Work) Regulations 2002

In regulation 3A, in paragraph (c)(ii), for “section 18” substitute “any of sections 18A to 18C”.

Section 18 Merchant Shipping (Hours of Work) Regulations 2002

In regulation 23, in paragraph (2)(a), for “section 18” substitute “any of sections 18A to 18C”.

Section 19 Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002

In regulation 34 of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 , in paragraph (1)(c), for “section 18” substitute “any of sections 18A to 18C”.

Section 20 Merchant Shipping (Working Time: Inland Waterways) Regulations 2003

The Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 are amended as follows.

Section 21 Merchant Shipping (Working Time: Inland Waterways) Regulations 2003

In regulation 4, in paragraph (c), for “section 18” substitute “any of sections 18A to 18C”.

Section 22 Merchant Shipping (Working Time: Inland Waterways) Regulations 2003

In regulation 18 after paragraph (2) insert—

(2A) Regulation 18A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).

Section 23 Merchant Shipping (Working Time: Inland Waterways) Regulations 2003

After regulation 18 insert—

Extension of time limit to facilitate conciliation before institution of proceedings

(18A)

(1) In this regulation—

(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 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 worker 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.

(2) In working out when the time limit set by regulation 18(2)(a) 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 regulation 18(2)(a) would (if not extended by this paragraph) 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 regulation 18(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.

Section 24 Merchant Shipping (Working Time: Inland Waterways) Regulations 2003

In regulation 19, in paragraph (2)(a), for “section 18” substitute “any of sections 18A to 18C”.

Section 25 ACAS Arbitration Scheme (Great Britain) Order 2004

In the Schedule (ACAS arbitration scheme) to the ACAS Arbitration Scheme (Great Britain) Order 2004 , in paragraph 26(iv)(a), for “section 18” substitute “any of sections 18A to 18C”.

Section 26 Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004

The Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 are amended as follows.

Section 27 Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004

In regulation 4, in paragraph (e), for “section 18” substitute “any of sections 18A to 18C”.

Section 28 Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004

In regulation 19 after paragraph (2) insert—

(2A) Regulation 19A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).

Section 29 Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004

After regulation 19 insert—

Extension of time limit to facilitate conciliation before institution of proceedings

(19A)

(1) In this regulation—

(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 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 worker 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.

(2) In working out when the time limit set by regulation 19(2)(a) 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 regulation 19(2)(a) would (if not extended by this paragraph) 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 regulation 19(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.

Section 30 Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004

In regulation 20, in paragraph (2)(a), for “section 18” substitute “any of sections 18A to 18C”.

Section 31 ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004

In the Schedule to the ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004 , in paragraph 26(iv)(a), for “section 18” substitute “any of sections 18A to 18C”.

Section 32 Information and Consultation of Employees Regulations 2004

The Information and Consultation of Employees Regulations 2004 are amended as follows.

Section 33 Information and Consultation of Employees Regulations 2004

In regulation 29 after paragraph (2) insert—

(2A) Regulation 29A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).

Section 34 Information and Consultation of Employees Regulations 2004

After regulation 29 insert—

Extension of time limit to facilitate conciliation before institution of proceedings

(29A)

(1) In this regulation—

(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 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 worker 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.

(2) In working out when the time limit set by regulation 29(2)(a) 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 regulation 29(2)(a) would (if not extended by this paragraph) 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 regulation 29(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.

Section 35 Information and Consultation of Employees Regulations 2004

In regulation 40 in paragraph (2), for “section 18” substitute “any of sections 18A to 18C”.

Section 36 Transfer of Undertakings (Protection of Employment) Regulations 2006

The Transfer of Undertakings (Protection of Employment) Regulations 2006 are amended as follows.

Section 37 Transfer of Undertakings (Protection of Employment) Regulations 2006

In regulation 12, in paragraph (7), for “Section 18” substitute “Sections 18A to 18C”.

Section 38 Transfer of Undertakings (Protection of Employment) Regulations 2006

In regulation 16, in paragraph (1), for “section 18” substitute “sections 18A to 18C”.

Section 39 Transfer of Undertakings (Protection of Employment) Regulations 2006

In Schedule 1—

(a) in paragraph 10(3)(a) for “section 18” substitute “Sections 18A to 18C”;

(b) in paragraph 10(4)(a) for “Section 18” substitute “sections 18A to 18C”.

Section 40 Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006

The Schedule to the Occupation and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 is amended as follows.

Section 41 Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006

In paragraph 4 after sub-paragraph (2) insert—

(2A) Paragraph 4A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (2).

Section 42 Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006

After paragraph 4 insert—

Extension of time limit to facilitate conciliation before institution of proceedings

(4A)

(1) In this paragraph—

(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 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 worker 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.

(2) In working out when the time limit set by paragraph 4(2)(a) 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 paragraph 4(2)(a) would (if not extended by this paragraph) 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 paragraph 4(2)(b) to extend the time limit set by paragraph 4(2)(a) is exercisable in relation to that time limit as extended by this regulation.

Section 43 Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006

In paragraph 12, in sub-paragraph (2), for “section 18” substitute “any of sections 18A to 18C”.

Section 44 European Cooperative Society (Involvement of Employees) Regulations 2006

The European Cooperative Society (Involvement of Employees) Regulations 2006 are amended as follows.

Section 45 European Cooperative Society (Involvement of Employees) Regulations 2006

In regulation 30 after paragraph (2) insert—

(2A) Regulation 30A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).

Section 46 European Cooperative Society (Involvement of Employees) Regulations 2006

After regulation 30 insert—

Extension of time limit to facilitate conciliation before institution of proceedings

(30A)

(1) In this regulation—

(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 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 worker 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.

(2) In working out when the time limit set by regulation 30(2)(a) 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 regulation 30(2)(a) would (if not extended by this paragraph) 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 regulation 30(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.

Section 47 European Cooperative Society (Involvement of Employees) Regulations 2006

In regulation 41, in paragraph (2) for “section 18” substitute “any of sections 18A to 18C”.

Section 48 Companies (Cross-Border Mergers) Regulations 2007

The Companies (Cross-Border Mergers) Regulations 2007 are amended as follows.