Made | 3rd April 2006 | ||
Coming into force | 1st October 2006 |
1. | Citation, commencement and extent |
2. | Interpretation |
3. | Discrimination on grounds of age |
4. | Discrimination by way of victimisation |
5. | Instructions to discriminate |
6. | Harassment on grounds of age |
7. | Applicants and employees |
8. | Exception for genuine occupational requirement etc |
9. | Contract workers |
10. | Meaning of employment and contract work at establishment in Great Britain |
11. | Pension schemes |
12. | Office-holders etc |
13. | Police |
14. | Serious Organised Crime Agency |
15. | Barristers |
16. | Advocates |
17. | Partnerships |
18. | Trade organisations |
19. | Qualifications bodies |
20. | The provision of vocational training |
21. | Employment agencies, careers guidance etc |
22. | Assisting persons to obtain employment etc |
23. | Institutions of further and higher education |
24. | Relationships which have come to an end |
25. | Liability of employers and principals |
26. | Aiding unlawful acts |
27. | Exception for statutory authority |
28. | Exception for national security |
29. | Exceptions for positive action |
30. | Exception for retirement |
31. | Exception for the national minimum wage |
32. | Exception for provision of certain benefits based on length of service |
33. | Exception for provision of enhanced redundancy payments to employees |
34. | Exception for provision of life assurance cover to retired workers |
35. | Restriction of proceedings for breach of Regulations |
36. | Jurisdiction of employment tribunals |
37. | Burden of proof: employment tribunals |
38. | Remedies on complaints in employment tribunals |
39. | Jurisdiction of county and sheriff courts |
40. | Burden of proof: county and sheriff courts |
41. | Help for persons in obtaining information etc |
42. | Period within which proceedings to be brought |
43. | Validity of contracts, collective agreements and rules of undertakings |
44. | Application to the Crown etc |
45. | Application to House of Commons staff |
46. | Application to House of Lords staff |
47. | Duty to consider working beyond retirement |
48. | Duty to consider working beyond retirement - transitional provisions |
49. | Amendments, transitionals, repeals and revocations |
SCHEDULE 1— | Norwegian part of the Frigg Gas Field |
SCHEDULE 2— | Pension schemes |
Part 1— | Pension schemes - general |
Part 2— | Excepted rules, practices, actions and decisions relating to occupational pension schemes |
Part 3— | Excepted rules, practices, actions and decisions relating to contributions by employers to personal pension schemes |
SCHEDULE 3— | Questionnaire of person aggrieved |
SCHEDULE 4— | Reply by respondent |
SCHEDULE 5— | Validity of contracts, collective agreements and rules of undertakings |
Part 1— | Validity and revision of contracts |
Part 2— | Collective agreements and rules of undertakings |
SCHEDULE 6— | Duty to consider working beyond retirement |
SCHEDULE 7— | Duty to consider working beyond retirement - transitional provisions |
SCHEDULE 8— | Amendments to legislation and related transitional provisions |
Part 1— | Primary legislation |
Part 2— | Other legislation |
SCHEDULE 9— | Repeals and revocations |
(3) In these Regulations references to "employer", in their application to a person at any time seeking to employ another, include a person who has no employees at that time.
Discrimination on grounds of age
3.
—(1) For the purposes of these Regulations, a person ("A") discriminates against another person ("B") if—
and A cannot show the treatment or, as the case may be, provision, criterion or practice to be a proportionate means of achieving a legitimate aim.
(2) A comparison of B's case with that of another person under paragraph (1) must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.
(3) In this regulation—
Discrimination by way of victimisation
4.
—(1) For the purposes of these Regulations, a person ("A") discriminates against another person ("B") if he treats B less favourably than he treats or would treat other persons in the same circumstances, and does so by reason that B has—
or by reason that A knows that B intends to do any of those things, or suspects that B has done or intends to do any of them.
(2) Paragraph (1) does not apply to treatment of B by reason of any allegation made by him, or evidence or information given by him, if the allegation, evidence or information was false and not made (or, as the case may be, given) in good faith.
Instructions to discriminate
5.
For the purposes of these Regulations, a person ("A") discriminates against another person ("B") if he treats B less favourably than he treats or would treat other persons in the same circumstances, and does so by reason that—
Harassment on grounds of age
6.
—(1) For the purposes of these Regulations, a person ("A") subjects another person ("B") to harassment where, on grounds of age, A engages in unwanted conduct which has the purpose or effect of—
(2) Conduct shall be regarded as having the effect specified in paragraph (1)(a) or (b) only if, having regard to all the circumstances, including in particular the perception of B, it should reasonably be considered as having that effect.
(2) It is unlawful for an employer, in relation to a person whom he employs at an establishment in Great Britain, to discriminate against that person—
(3) It is unlawful for an employer, in relation to employment by him at an establishment in Great Britain, to subject to harassment a person whom he employs or who has applied to him for employment.
(4) Subject to paragraph (5), paragraph (1)(a) and (c) does not apply in relation to a person—
(5) Paragraph (4) only applies to a person to whom, if he was recruited by the employer, regulation 30 (exception for retirement) could apply.
(6) Paragraph (2) does not apply to benefits of any description if the employer is concerned with the provision (for payment or not) of benefits of that description to the public, or to a section of the public which includes the employee in question, unless—
(7) In paragraph (2)(d) reference to the dismissal of a person from employment includes reference—
(8) In paragraph (4) "normal retirement age" is an age of 65 or more which meets the requirements of section 98ZH of the 1996 Act[8].
Exception for genuine occupational requirement etc
8.
—(1) In relation to discrimination falling within regulation 3 (discrimination on grounds of age)—
where paragraph (2) applies.
(2) This paragraph applies where, having regard to the nature of the employment or the context in which it is carried out—
Contract workers
9.
—(1) It is unlawful for a principal, in relation to contract work at an establishment in Great Britain, to discriminate against a contract worker—
(2) It is unlawful for a principal, in relation to contract work at an establishment in Great Britain, to subject a contract worker to harassment.
(3) A principal does not contravene paragraph (1)(b) by doing any act in relation to a contract worker where, if the work were to be done by a person taken into the principal's employment, that act would be lawful by virtue of regulation 8 (exception for genuine occupational requirement etc).
(4) Paragraph (1) does not apply to benefits of any description if the principal is concerned with the provision (for payment or not) of benefits of that description to the public, or to a section of the public to which the contract worker in question belongs, unless that provision differs in a material respect from the provision of the benefits by the principal to his contract workers.
(5) In this regulation—
Meaning of employment and contract work at establishment in Great Britain
10.
—(1) For the purposes of this Part ("the relevant purposes"), employment is to be regarded as being at an establishment in Great Britain if the employee—
(2) This paragraph applies if—
(3) The reference to "employment" in paragraph (1) includes—
(4) Subject to paragraph (5), for the purposes of determining if employment concerned with the exploration of the sea bed or sub-soil or the exploitation of their natural resources is outside Great Britain, this regulation has effect as if references to Great Britain included—
(5) Paragraph (4) shall not apply to employment which is concerned with the exploration or exploitation of the Frigg Gas Field unless the employer is—
(6) In this regulation—
(7) This regulation applies in relation to contract work within the meaning of regulation 9 as it applies in relation to employment; and, in its application to contract work, references to "employee", "employer" and "employment" are references to (respectively) "contract worker", "principal" and "contract work" within the meaning of regulation 9.
Pension schemes
11.
—(1) It is unlawful, except in relation to rights accrued or benefits payable in respect of periods of service prior to the coming into force of these Regulations, for the trustees or managers of an occupational pension scheme to discriminate against a member or prospective member of the scheme in carrying out any of their functions in relation to it (including in particular their functions relating to the admission of members to the scheme and the treatment of members of it).
(2) It is unlawful for the trustees or managers of an occupational pension scheme, in relation to the scheme, to subject to harassment a member or prospective member of it.
(3) Schedule 2 (pension schemes) shall have effect for the purposes of—
Office-holders etc
12.
—(1) It is unlawful for a relevant person, in relation to an appointment to an office or post to which this regulation applies, to discriminate against a person—
(2) It is unlawful, in relation to an appointment to an office or post to which this regulation applies and which is an office or post referred to in paragraph (8)(b), for a relevant person on whose recommendation (or subject to whose approval) appointments to the office or post are made, to discriminate against a person—
(3) It is unlawful for a relevant person, in relation to a person who has been appointed to an office or post to which this regulation applies, to discriminate against him—
(4) It is unlawful for a relevant person, in relation to an office or post to which this regulation applies, to subject to harassment a person—
(5) Paragraphs (1) and (3) do not apply to any act in relation to an office or post where, if the office or post constituted employment, that act would be lawful by virtue of regulation 8 (exception for genuine occupational requirement etc); and paragraph (2) does not apply to any act in relation to an office or post where, if the office or post constituted employment, it would be lawful by virtue of regulation 8 to refuse to offer the person such employment.
(6) Paragraph (3) does not apply to benefits of any description if the relevant person is concerned with the provision (for payment or not) of benefits of that description to the public, or a section of the public to which the person appointed belongs, unless—
(7) In paragraph (3)(c) the reference to the termination of the appointment includes a reference—
(8) This regulation applies to—
but not to a political office or a case where regulation 7 (applicants and employees), 9 (contract workers), 15 (barristers), 16 (advocates) or 17 (partnerships) applies, or would apply but for the operation of any other provision of these Regulations.
(9) For the purposes of paragraph (8)(a) the holder of an office or post—
(10) In this regulation—
(c) "relevant person", in relation to an office or post, means—
(d) references to making a recommendation include references to making a negative recommendation; and
(e) references to refusal include references to deliberate omission.
Police
13.
—(1) For the purposes of this Part, the holding of the office of constable shall be treated as employment—
(2) For the purposes of regulation 25 (liability of employers and principals)—
(3) There shall be paid out of the police fund—
(4) Any proceedings under these Regulations which, by virtue of paragraph (1), would lie against a chief officer of police shall be brought against the chief officer of police for the time being or in the case of a vacancy in that office, against the person for the time being performing the functions of that office; and references in paragraph (3) to the chief officer of police shall be construed accordingly.
(5) A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund—
(6) Paragraphs (1) and (2) apply to a police cadet and appointment as a police cadet as they apply to a constable and the office of constable.
(7) Subject to paragraph (8), in this regulation—
(8) In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this regulation to the chief officer of police are references to the chief officer of the force under whose direction and control he is, and references in this regulation to the police authority are references to the relevant police authority for that force.
(9) This regulation is subject to regulation 14.
Serious Organised Crime Agency
14.
—(1) For the purposes of this Part, any constable or other person who has been seconded to SOCA to serve as a member of its staff shall be treated as employed by SOCA.
(2) For the purposes of regulation 25 (liability of employers and principals)—
(3) In this regulation "SOCA" means the Serious Organised Crime Agency established under section 1 of, and Schedule 1 to, the Serious Organised Crime and Police Act 2005[21].
Barristers
15.
—(1) It is unlawful for a barrister or barrister's clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a person—
(2) It is unlawful for a barrister or barrister's clerk, in relation to a pupil or tenant in the set of chambers in question, to discriminate against him—
(3) It is unlawful for a barrister or barrister's clerk, in relation to a pupillage or tenancy in the set of chambers in question, to subject to harassment a person who is, or has applied to be, a pupil or tenant.
(4) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against any person by subjecting him to a detriment, or to subject him to harassment.
(5) In this regulation—
(6) This regulation extends to England and Wales only.
Advocates
16.
—(1) It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a person—
(2) It is unlawful for an advocate, in relation to a person who is his pupil, to discriminate against him—
(3) It is unlawful for an advocate, in relation to a person who is his pupil or taking any person as his pupil, to subject such a person to harassment.
(4) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to an advocate, to discriminate against any person by subjecting him to a detriment, or to subject him to harassment.
(5) In this regulation—
(6) This regulation extends to Scotland only.
Partnerships
17.
—(1) It is unlawful for a firm, in relation to a position as partner in the firm, to discriminate against a person—
(2) It is unlawful for a firm, in relation to a position as partner in the firm, to subject to harassment a person who holds or has applied for that position.
(3) Paragraphs (1)(a) to (c) and (2) apply in relation to persons proposing to form themselves into a partnership as they apply in relation to a firm.
(4) Paragraph (1) does not apply to any act in relation to a position as partner where, if the position were employment, that act would be lawful by virtue of regulation 8 (exception for genuine occupational requirement etc).
(5) In the case of a limited partnership references in this regulation to a partner shall be construed as references to a general partner as defined in section 3 of the Limited Partnerships Act 1907[22].
(6) This regulation applies to a limited liability partnership as it applies to a firm; and, in its application to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.
(7) In this regulation, "firm" has the meaning given by section 4 of the Partnership Act 1890[23].
(8) In paragraph (1)(d) reference to the expulsion of a person from a position as partner includes reference—
Trade organisations
18.
—(1) It is unlawful for a trade organisation to discriminate against a person—
(2) It is unlawful for a trade organisation, in relation to a member of the organisation, to discriminate against him—
(3) It is unlawful for a trade organisation, in relation to a person's membership or application for membership of that organisation, to subject that person to harassment.
(4) In this regulation—
Qualifications bodies
19.
—(1) It is unlawful for a qualifications body to discriminate against a person—
(2) It is unlawful for a qualifications body, in relation to a professional or trade qualification conferred by it, to subject to harassment a person who holds or applies for such a qualification.
(3) In this regulation—
The provision of vocational training
20.
—(1) It is unlawful, in relation to a person seeking or undergoing training, for any training provider to discriminate against him—
(2) It is unlawful for a training provider, in relation to a person seeking or undergoing training, to subject him to harassment.
(3) Paragraph (1) does not apply if the discrimination concerns training that would only fit a person for employment which, by virtue of regulation 8 (exception for genuine occupational requirement etc), the employer could lawfully refuse to offer the person seeking training.
(4) In this regulation—
Employment agencies, careers guidance etc
21.
—(1) It is unlawful for an employment agency to discriminate against a person—
(2) It is unlawful for an employment agency, in relation to a person to whom it provides its services, or who has requested it to provide its services, to subject that person to harassment.
(3) Paragraph (1) does not apply to discrimination if it only concerns employment which, by virtue of regulation 8 (exception for genuine occupational requirement etc), the employer could lawfully refuse to offer the person in question.
(4) An employment agency shall not be subject to any liability under this regulation if it proves that—
(5) A person who knowingly or recklessly makes a statement such as is referred to in paragraph (4)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6) For the purposes of this regulation—
(b) references to the services of an employment agency include guidance on careers and any other services related to employment.
Assisting persons to obtain employment etc
22.
—(1) It is unlawful for the Secretary of State to discriminate against any person by subjecting him to a detriment, or to subject a person to harassment, in the provision of facilities or services under section 2 of the Employment and Training Act 1973[25] (arrangements for assisting persons to obtain employment).
(2) It is unlawful for Scottish Enterprise or Highlands and Islands Enterprise to discriminate against any person by subjecting him to a detriment, or to subject a person to harassment, in the provision of facilities or services under such arrangements as are mentioned in section 2(3) of the Enterprise and New Towns (Scotland) Act 1990[26] (arrangements analogous to arrangements in pursuance of the said Act of 1973).
(3) This regulation does not apply in a case where—
Institutions of further and higher education
23.
—(1) It is unlawful, in relation to an educational establishment to which this regulation applies, for the governing body of that establishment to discriminate against a person—
(2) It is unlawful, in relation to an educational establishment to which this regulation applies, for the governing body of that establishment to subject to harassment a person who is a student at the establishment, or who has applied for admission to the establishment as a student.
(3) Paragraph (1) does not apply if the discrimination concerns training that would only fit a person for employment which, by virtue of regulation 8 (exception for genuine occupational requirement etc), the employer could lawfully refuse to offer the person in question.
(4) This regulation applies to the following educational establishments in England and Wales, namely—
(5) This regulation applies to the following educational establishments in Scotland, namely—
(6) In this regulation—
Relationships which have come to an end
24.
—(1) In this regulation a "relevant relationship" is a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship ("B") by the other party to it ("A") is unlawful by virtue of any preceding provision of this Part.
(2) Where a relevant relationship has come to an end, it is unlawful for A—
where the discrimination or harassment arises out of and is closely connected to that relationship.
(3) In paragraph (1), reference to an act of discrimination or harassment which is unlawful includes, in the case of a relationship which has come to an end before the coming into force of these Regulations, reference to an act of discrimination or harassment which would, after the coming into force of these Regulations, be unlawful.
(4) A person who knowingly or recklessly makes a statement such as is referred to in paragraph (3)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Exception for national security
28.
Nothing in Part 2 or 3 shall render unlawful an act done for the purpose of safeguarding national security, if the doing of the act was justified by that purpose.
Exceptions for positive action
29.
—(1) Nothing in Part 2 or 3 shall render unlawful any act done in or in connection with—
where it reasonably appears to the person doing the act that it prevents or compensates for disadvantages linked to age suffered by persons of that age or age group doing that work or likely to take up that work.
(2) Nothing in Part 2 or 3 shall render unlawful any act done by a trade organisation within the meaning of regulation 18 in or in connection with—
where it reasonably appears to the organisation that the act prevents or compensates for disadvantages linked to age suffered by those of that age or age group holding such posts or likely to hold such posts.
(3) Nothing in Part 2 or 3 shall render unlawful any act done by a trade organisation within the meaning of regulation 18 in or in connection with encouraging only persons of a particular age or age group to become members of the organisation where it reasonably appears to the organisation that the act prevents or compensates for disadvantages linked to age suffered by persons of that age or age group who are, or are eligible to become, members.
Exception for retirement
30.
—(1) This regulation applies in relation to an employee within the meaning of section 230(1) of the 1996 Act, a person in Crown employment, a relevant member of the House of Commons staff, and a relevant member of the House of Lords staff.
(2) Nothing in Part 2 or 3 shall render unlawful the dismissal of a person to whom this regulation applies at or over the age of 65 where the reason for the dismissal is retirement.
(3) For the purposes of this regulation, whether or not the reason for a dismissal is retirement shall be determined in accordance with sections 98ZA to 98ZF of the 1996 Act[30].
Exception for the national minimum wage
31.
—(1) Nothing in Part 2 or 3 shall render it unlawful for a relevant person ("A") to be remunerated in respect of his work at a rate which is lower than the rate at which another such person ("B") is remunerated for his work where—
(2) Nothing in Part 2 or 3 shall render it unlawful for an apprentice who is not a relevant person to be remunerated in respect of his work at a rate which is lower than the rate at which an apprentice who is a relevant person is remunerated for his work.
(3) In this regulation—
Exception for provision of certain benefits based on length of service
32.
—(1) Subject to paragraph (2), nothing in Part 2 or 3 shall render it unlawful for a person ("A"), in relation to the award of any benefit by him, to put a worker ("B") at a disadvantage when compared with another worker ("C"), if and to the extent that the disadvantage suffered by B is because B's length of service is less than that of C.
(2) Where B's length of service exceeds 5 years, it must reasonably appear to A that the way in which he uses the criterion of length of service, in relation to the award in respect of which B is put at a disadvantage, fulfils a business need of his undertaking (for example, by encouraging the loyalty or motivation, or rewarding the experience, of some or all of his workers).
(3) In calculating a worker's length of service for these purposes, A shall calculate—
and on each occasion on which he decides to use the criterion of length of service in relation to the award of a benefit to workers, it is for him to decide which of these definitions to use to calculate their lengths of service.
(4) For the purposes of paragraph (3), in calculating the length of time a worker has been working for him—
(5) For the purposes of paragraph (3)(b), a worker shall be treated as having worked for A during any period during which he worked for another if—
(6) In paragraph (5)—
(7) In this regulation—
Exception for provision of enhanced redundancy payments to employees
33.
—(1) Nothing in Part 2 or 3 shall render it unlawful for an employer—
(2) In this regulation—
(3) For an amount to be calculated in accordance with this paragraph it must be calculated in accordance with section 162(1) to (3) of the 1996 Act.
(4) For an amount to be calculated in accordance with this paragraph—
(c) having made the calculation as in paragraph (3) (whether or not in making that calculation he has done anything mentioned in sub-paragraph (b)) the employer may increase the amount thus calculated by multiplying it by a figure of more than one.
(5) For the purposes of paragraphs (3) and (4), the reference to "the relevant date" in section 162(1)(a) of the 1996 Act is to be read, in the case of a qualifying employee who agrees to the termination of his employment, as a reference to the date on which that termination takes effect.
Exception for provision of life assurance cover to retired workers
34.
—(1) Where a person ("A") arranges for workers to be provided with life assurance cover after their early retirement on grounds of ill health, nothing in Part 2 or 3 shall render it unlawful—
(2) In this regulation, "normal retirement age", in relation to a worker who has taken early retirement, means the age at which workers in A's undertaking who held the same kind of position as the worker held at the time of his retirement were normally required to retire.
may be presented to an employment tribunal.
(2) This regulation applies to any act of discrimination or harassment which is unlawful by virtue of any provision of Part 2 other than—
(3) In paragraph (2)(c), reference to an act of discrimination or harassment which would have been unlawful includes, in the case of a relationship which has come to an end before the coming into force of these Regulations, reference to an act of discrimination or harassment which would, after the coming into force of these Regulations, have been unlawful.
(4) In this regulation, "enactment" includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
Burden of proof: employment tribunals
37.
—(1) This regulation applies to any complaint presented under regulation 36 to an employment tribunal.
(2) Where, on the hearing of the complaint, the complainant proves facts from which the tribunal could, apart from this regulation, conclude in the absence of an adequate explanation that the respondent—
the tribunal shall uphold the complaint unless the respondent proves that he did not commit, or as the case may be, is not to be treated as having committed, that act.
Remedies on complaints in employment tribunals
38.
—(1) Where an employment tribunal finds that a complaint presented to it under regulation 36 is well-founded, the tribunal shall make such of the following as it considers just and equitable—
(2) As respects an unlawful act of discrimination falling within regulation 3(1)(b) (discrimination on the grounds of age), if the respondent proves that the provision, criterion or practice was not applied with the intention of treating the complainant unfavourably on grounds of age, an order may be made under paragraph (1)(b) only if the employment tribunal—
(3) If without reasonable justification the respondent to a complaint fails to comply with a recommendation made by an employment tribunal under paragraph (1)(c), then, if it thinks it just and equitable to do so—
(4) Where an amount of compensation falls to be awarded under paragraph (1)(b), the tribunal may include in the award interest on that amount subject to, and in accordance with, the provisions of the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996[38].
(5) This regulation has effect subject to paragraph 6 of Schedule 2 (pension schemes).
Jurisdiction of county and sheriff courts
39.
—(1) A claim by any person ("the claimant") that another person ("the respondent")—
may be made the subject of civil proceedings in like manner as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.
(2) Proceedings brought under paragraph (1) shall—
(3) For the avoidance of doubt it is hereby declared that damages in respect of an unlawful act to which this regulation applies may include compensation for injury to feelings whether or not they include compensation under any other head.
(4) This regulation applies to any act of discrimination or harassment which is unlawful by virtue of—
(5) In paragraph (4)(b), reference to an act of discrimination or harassment which would have been unlawful includes, in the case of a relationship which has come to an end before the coming into force of these Regulations, reference to an act of discrimination or harassment which would, after the coming into force of these Regulations, have been unlawful.
Burden of proof: county and sheriff courts
40.
—(1) This regulation applies to any claim brought under regulation 39 in a county court in England and Wales or a sheriff court in Scotland.
(2) Where, on the hearing of the claim, the claimant proves facts from which the court could, apart from this regulation, conclude in the absence of an adequate explanation that the respondent—
the court shall uphold the claim unless the respondent proves that he did not commit, or as the case may be, is not to be treated as having committed, that act.
Help for persons in obtaining information etc
41.
—(1) In accordance with this regulation, a person ("the person aggrieved") who considers he may have been discriminated against, or subjected to harassment, in contravention of these Regulations may serve on the respondent to a complaint presented under regulation 36 (jurisdiction of employment tribunals) or a claim brought under regulation 39 (jurisdiction of county and sheriff courts) questions in the form set out in Schedule 3 or forms to the like effect with such variation as the circumstances require; and the respondent may if he so wishes reply to such questions by way of the form set out in Schedule 4 or forms to the like effect with such variation as the circumstances require.
(2) Where the person aggrieved questions the respondent (whether in accordance with paragraph (1) or not)—
(3) In proceedings before a county court in England or Wales or a sheriff court in Scotland, a question shall only be admissible as evidence in pursuance of paragraph (2)(a)—
(4) In proceedings before an employment tribunal, a question shall only be admissible as evidence in pursuance of paragraph (2)(a)—
(5) A question and any reply thereto may be served on the respondent or, as the case may be, on the person aggrieved—
(6) This regulation is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before a county court, sheriff court or employment tribunal, and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.
(7) In this regulation "respondent" includes a prospective respondent.
Period within which proceedings to be brought
42.
—(1) An employment tribunal shall not consider a complaint under regulation 36 unless it is presented to the tribunal before the end of the period of three months beginning when the act complained of was done.
(2) A county court or a sheriff court shall not consider a claim brought under regulation 39 unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.
(3) A court or tribunal may nevertheless consider any such complaint or claim which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
(4) For the purposes of this regulation and regulation 41 (help for persons in obtaining information etc)—
and in the absence of evidence establishing the contrary a person shall be taken for the purposes of this regulation to decide upon an omission when he does an act inconsistent with doing the omitted act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.
as they apply to an act done by a private person.
(2) These Regulations apply to Crown employment as they apply to employment by a private person, and shall so apply as if references to a contract of employment included references to the terms of service and references to dismissal included references to termination of Crown employment.
(3) Paragraphs (1) and (2) have effect subject to paragraph (4) and regulations 13 (police) and 14 (Serious Organised Crime Agency).
(4) These regulations do not apply to service in any of the naval, military or air forces of the Crown.
(5) Regulation 10(3) (meaning of employment and contract work at establishment in Great Britain) shall have effect in relation to any ship, aircraft or hovercraft belonging to or possessed by Her Majesty in right of the government of the United Kingdom as it has effect in relation to a ship, aircraft or hovercraft specified in regulation 10(3)(a) or (b).
(6) The provisions of Parts 2 to 4 of the Crown Proceedings Act 1947[40] shall apply to proceedings against the Crown under these Regulations as they apply to proceedings in England and Wales which by virtue of section 23 of that Act are treated for the purposes of Part 2 of that Act as civil proceedings by or against the Crown, except that in their application to proceedings under these Regulations section 20 of that Act (removal and transfer of proceedings) shall not apply.
(7) The provisions of Part 5 of the Crown Proceedings Act 1947 shall apply to proceedings against the Crown under these Regulations as they apply to proceedings in Scotland which by virtue of the said Part are treated as civil proceedings by or against the Crown, except that in their application to proceedings under these Regulations the proviso to section 44 of that Act (proceedings against the Crown in the Sheriff Court) shall not apply.
Application to House of Commons staff
45.
—(1) Subject to paragraphs (2) and (3), these Regulations apply in relation to employment as a relevant member of the House of Commons staff as they apply in relation to other employment.
(2) These Regulations apply to employment as such a member as they apply to employment by a private person, and shall so apply as if references to a contract of employment included references to the terms of employment of such a member and references to dismissal included references to termination of such employment.
(3) In relation to employment as such a member, subsections (6) to (12) of section 195 of the 1996 Act[41] (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of these Regulations.
Application to House of Lords staff
46.
—(1) These Regulations apply in relation to employment as a relevant member of the House of Lords staff as they apply in relation to other employment.
(2) Section 194(7) of the 1996 Act (continuity of employment) applies for the purposes of this regulation.
Duty to consider working beyond retirement
47.
Schedule 6, which sets out the procedure to be followed if an employee (within the meaning of that Schedule) is to be retired, shall have effect.
Duty to consider working beyond retirement - transitional provisions
48.
Schedule 7, which sets out transitional provisions in relation to the duty to consider working beyond retirement, shall have effect.
Amendments, transitionals, repeals and revocations
49.
—(1) Schedule 8, which contains amendments to and repeals of legislation and related transitional provisions, shall have effect.
(2) Schedule 9, which contains repeals and revocations, shall have effect.
Gerry Sutcliffe
Parliamentary Under-Secretary of State for Employment Relations and Consumer Affairs Department of Trade and Industry
3rd April 2006
Longitude | Latitude |
02 degrees 05 minutes 30 seconds E 02 degrees 05 minutes 30 seconds E 02 degrees 06 minutes 00 seconds E 02 degrees 06 minutes 00 seconds E 02 degrees 07 minutes 00 seconds E 02 degrees 07 minutes 00 seconds E 02 degrees 07 minutes 30 seconds E 02 degrees 07 minutes 30 seconds E 02 degrees 10 minutes 30 seconds E 02 degrees 10 minutes 30 seconds E 02 degrees 11 minutes 00 seconds E 02 degrees 11 minutes 00 seconds E 02 degrees 12 minutes 30 seconds E 02 degrees 12 minutes 30 seconds E 02 degrees 13 minutes 30 seconds E 02 degrees 13 minutes 30 seconds E 02 degrees 15 minutes 30 seconds E 02 degrees 15 minutes 30 seconds E 02 degrees 10 minutes 30 seconds E 02 degrees 10 minutes 30 seconds E 02 degrees 09 minutes 30 seconds E 02 degrees 09 minutes 30 seconds E 02 degrees 08 minutes 30 seconds E 02 degrees 08 minutes 30 seconds E 02 degrees 07 minutes 30 seconds E 02 degrees 07 minutes 30 seconds E 02 degrees 05 minutes 30 seconds E 02 degrees 05 minutes 30 seconds E 02 degrees 04 minutes 00 seconds E 02 degrees 04 minutes 00 seconds E 02 degrees 03 minutes 00 seconds E 02 degrees 03 minutes 00 seconds E |
60 degrees 00 minutes 45 seconds N 59 degrees 58 minutes 45 seconds N 59 degrees 58 minutes 45 seconds N 59 degrees 57 minutes 45 seconds N 59 degrees 57 minutes 45 seconds N 59 degrees 57 minutes 30 seconds N 59 degrees 57 minutes 30 seconds N 59 degrees 55 minutes 30 seconds N 59 degrees 55 minutes 30 seconds N 59 degrees 54 minutes 45 seconds N 59 degrees 54 minutes 45 seconds N 59 degrees 54 minutes 15 seconds N 59 degrees 54 minutes 15 seconds N 59 degrees 54 minutes 00 seconds N 59 degrees 54 minutes 00 seconds N 59 degrees 54 minutes 30 seconds N 59 degrees 54 minutes 30 seconds N 59 degrees 53 minutes 15 seconds N 59 degrees 53 minutes 15 seconds N 59 degrees 52 minutes 45 seconds N 59 degrees 52 minutes 45 seconds N 59 degrees 52 minutes 15 seconds N 59 degrees 52 minutes 15 seconds N 59 degrees 52 minutes 00 seconds N 59 degrees 52 minutes 00 seconds N 59 degrees 51 minutes 30 seconds N 59 degrees 51 minutes 30 seconds N 59 degrees 51 minutes 00 seconds N 59 degrees 51 minutes 00 seconds N 59 degrees 50 minutes 30 seconds N 59 degrees 50 minutes 30 seconds N 59 degrees 50 minutes 00 seconds N |
2.
In this Schedule, the "Dividing Line" means the dividing line as defined in an Agreement dated 10th March 1965 and made between the government of the United Kingdom of Great Britain and Northern Ireland and the government of the Kingdom of Norway as supplemented by a Protocol dated 22nd December 1978.
(6) In their application to a scheme which is divided into two or more sections, the provisions of this Schedule shall apply as if each section of the scheme was a separate scheme.
(7) In this Schedule—
references to contributions under a money purchase arrangement shall be construed as including amounts credited to a member's account whether or not they reflect payments actually made under the scheme.
(8) Any term used in regulation 11 (pension schemes) shall have the same meaning in that regulation as it has in this Schedule.
Non-discrimination rule
2.
—(1) Every scheme shall be treated as including a provision ("the non-discrimination rule") containing a requirement that the trustees or managers of the scheme refrain from doing any act which is unlawful by virtue of regulation 11.
(2) The other provisions of the scheme are to have effect subject to the non-discrimination rule.
(3) The trustees or managers of a scheme may—
Exception for rules, practices, actions and decisions relating to occupational pension schemes
3.
Nothing in Part 2 or 3 of these Regulations shall render it unlawful for an employer, or for trustees or managers, to maintain or use, in relation to a scheme, any of the rules, practices, actions or decisions set out in Part 2 of this Schedule.
Exception for rules, practices, actions and decisions relating to contributions by employers to personal pension schemes
4.
Nothing in Part 2 or 3 of these Regulations shall render it unlawful for an employer, in relation to the payment of contributions to any personal pension scheme in respect of a worker, to maintain or use any of the rules, practices, actions or decisions set out in Part 3 of this Schedule.
Procedure in employment tribunals
5.
Where under regulation 36 (jurisdiction of employment tribunals) a member or prospective member of a scheme presents to an employment tribunal a complaint that the trustees or managers of the scheme—
the employer in relation to the scheme shall, for the purposes of the rules governing procedure, be treated as a party and be entitled to appear and be heard in accordance with those rules.
Remedies in employment tribunals
6.
—(1) This paragraph applies where—
(2) Where this paragraph applies, the employment tribunal may, without prejudice to the generality of its power under regulation 38(1)(a) (power to make order declaring rights of complainant and respondent), make an order declaring that the complainant has a right—
(3) An order under sub-paragraph (2)—
(4) Where this paragraph applies, the employment tribunal may not make an order for compensation under regulation 38(1)(b), whether in relation to arrears of benefits or otherwise, except—
The use of age criteria in actuarial calculations
8.
The use of age criteria in actuarial calculations, for example in the actuarial calculation of—
Contributions
9.
Any difference in the rate of member or employer contributions by or in respect of different members to the extent that this is attributable to any differences in the pensionable pay of those members.
Contributions under money purchase arrangements
10.
Under a money purchase arrangement—
(b) equal rates of member or employer contributions irrespective of the age of the members by or in respect of whom contributions are made.
Contributions under defined benefits arrangements
11.
Under a defined benefits arrangement, different rates of member or employer contributions according to the age of the members by or in respect of whom contributions are made, to the extent that—
Age related rules, practices, actions and decisions relating to benefit
12.
A minimum age for entitlement to or payment of any age related benefit to a member, provided that, in the case of any age related benefit paid under a defined benefits arrangement before any early retirement pivot age—
13.
In relation to workers who are active or prospective members of a scheme on the date on which these Regulations come into force, a minimum age for entitlement to or payment of any age related benefit to such members under defined benefit arrangements before any early retirement pivot age, where such benefit is calculated in one or both of the following ways—
14.
An early retirement pivot age or a late retirement pivot age, including different such ages for different groups or categories of member.
15.
The enhancement of any age related benefit in the event of a member's retirement before any early retirement pivot age on ill health grounds, where that enhancement is calculated by reference to the years of pensionable service which that member would have completed if he had continued in pensionable service up to the age specified for that purpose in the scheme rules.
16.
Any rule, practice, action or decision whereby a male member who reaches pensionable age is not entitled or is no longer entitled to any additional amount of pension which would have been payable to such a member before pensionable age in the circumstances prescribed for the purposes of section 64(2) of the Pensions Act 1995[56] by regulation 13 of the Occupational Pension Schemes (Equal Treatment) Regulations 1995[57].
17.
The reduction of any pension payable in consequence of a member's death to any dependant of the member where that dependant is more than a specified number of years younger than the member.
18.
In relation to pensioner members who have retired on ill health grounds before any early retirement pivot age, discontinuation of any life assurance cover once any such members reach the normal retirement age which applied to them at the time they retired, or in relation to members to whom no such normal retirement age applied, once such members reach the age of 65.
Other rules, practices, actions and decisions relating to benefit
19.
Any difference in the amount of any age related benefit or death benefit payable under a defined benefits arrangement to or in respect of members with different lengths of pensionable service to the extent that the difference in amount is attributable to their differing lengths of service, provided that, for each year of pensionable service, members in a comparable situation are entitled to accrue a right to benefit based upon the same fraction of pensionable pay.
20.
Any difference in the amount of any age related benefit or death benefit payable from a scheme to or in respect of different members to the extent that the difference in amount is attributable to differences over time in the pensionable pay of those members.
21.
Any limitation of the amount of any age related benefit or death benefit payable from a scheme where the limitation results from imposing a maximum number of years of service by reference to which such benefit may be calculated.
22.
Any rule, practice, action or decision whereby any age related benefit or death benefit is only payable to or in respect of members who have completed a minimum period of service, provided that such a minimum period is not longer than 2 years qualifying service within the meaning of section 71(7) of the Pension Schemes Act 1993[58].
23.
Any limitation on the amount of any age related benefit or death benefit payable from a scheme where the limitation results from imposing a minimum level of pensionable pay by reference to which any such benefit may be calculated, provided that such a minimum is not above the lower earnings limit referred to in section 5(1) of the Social Security Contributions and Benefits Act 1992[59].
24.
Any limitation on the amount of any age related benefit or death benefit payable from a scheme where the limitation results from imposing a maximum level of pensionable pay by reference to which such benefit may be calculated.
Closure of schemes
25.
The closure of a scheme, from a particular date, to workers who have not already joined it.
Other rules, practices, actions and decisions
26.
Increases of pensions in payment which are made to members over 55 but not to members below that age.
27.
Any difference in the rate of increase of pensions in payment for members of different ages to the extent that the aim in setting the different rates is to maintain the relative value of members' pensions.
28.
Any difference in the rate of increase of pensions in payment for members whose pensions have been in payment for different lengths of time to the extent that the aim in setting the different rates is to maintain the relative value of members' pensions.
29.
The application of an age limit for transfer of the value of a member's accrued rights into or out of a scheme, provided that any such age limit is not more than one year before the member's normal pension age.
Registered pension schemes
30.
—(1) Subject to sub-paragraph (2), any rules, practices, actions or decisions relating to entitlement to or payment of benefits under a registered pension scheme insofar as compliance is necessary to secure any tax relief or exemption available under Part 4 of the Finance Act 2004[60] or to prevent any charge to tax arising under that Part of that Act, whoever is liable in relation to such charge.
(2) Sub-paragraph (1) does not apply to any rules, practices, actions or decisions setting a minimum age for entitlement to or payment of any age related benefit.
32.
Any difference in the rate of contributions by an employer in respect of different workers to the extent that this is attributable to any differences in remuneration payable to those workers.
(2) Sub-paragraph (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against, or harassment of, a party to the contract, but the term shall be unenforceable against that party.
(3) A term in a contract which purports to exclude or limit any provision of these Regulations is unenforceable by any person in whose favour the term would operate apart from this paragraph.
(4) Sub-paragraphs (1), (2) and (3) shall apply whether the contract was entered into before or after the date on which these Regulations come into force, but in the case of a contract made before that date, those sub-paragraphs do not apply in relation to any period before that date.
2.
—(1) Paragraph 1(3) does not apply—
(2) The conditions regulating compromise contracts under this Schedule are that—
(3) A person is a relevant independent adviser for the purposes of sub-paragraph (2)(c)—
(4) But a person is not a relevant independent adviser for the purposes of sub-paragraph (2)(c) in relation to the complainant—
(5) In sub-paragraph (3)(a) "qualified lawyer" means—
(6) A person shall be treated as being a qualified lawyer within sub-paragraph (5)(a) if he is a Fellow of the Institute of Legal Executives employed by a solicitors' practice.
(7) In sub-paragraph (3)(b) "independent trade union" has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992.
(8) For the purposes of sub-paragraph (4)(a) any two persons are to be treated as connected—
(9) An agreement under which the parties agree to submit a dispute to arbitration—
(b) shall be regarded as neither being nor including such a contract in any other case.
3.
—(1) On the application of a person interested in a contract to which paragraph 1(1) or (2) applies, a county court or a sheriff court may make such order as it thinks fit for—
but such an order shall not be made unless all persons affected have been given notice in writing of the application (except where under rules of court notice may be dispensed with) and have been afforded an opportunity to make representations to the court.
(2) An order under sub-paragraph (1) may include provision as respects any period before the making of the order (but after the coming into force of these Regulations).
(2) Any term or rule to which this Part of this Schedule applies is void where—
(3) Sub-paragraph (2) shall apply whether the agreement was entered into, or the rule made, before or after the date on which these Regulations come into force; but in the case of an agreement entered into, or a rule made, before the date on which these Regulations come into force, that sub-paragraph does not apply in relation to any period before that date.
5.
A person to whom this paragraph applies may present a complaint to an employment tribunal that a term or rule is void by virtue of paragraph 4 if he has reason to believe—
6.
In the case of a complaint about—
(b) a rule made by an employer within the meaning of paragraph 4(1)(b),
paragraph 5 applies to any person who is, or is genuinely and actively seeking to become, one of his employees.
7.
In the case of a complaint about a rule made by an organisation or body to which paragraph 4(1)(c) applies, paragraph 5 applies to any person—
8.
—(1) When an employment tribunal finds that a complaint presented to it under paragraph 5 is well-founded the tribunal shall make an order declaring that the term or rule is void.
(2) An order under sub-paragraph (1) may include provision as respects any period before the making of the order (but after the coming into force of these Regulations).
9.
The avoidance by virtue of paragraph 4(2) of any term or rule which provides for any person to be discriminated against shall be without prejudice to the following rights (except in so far as they enable any person to require another person to be treated less favourably than himself), namely—
as are conferred by or in respect of a contract made or modified wholly or partly in pursuance of, or by reference to, that term or rule.
10.
In this Schedule "collective agreement" means any agreement relating to one or more of the matters mentioned in section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (collective agreements and collective bargaining), being an agreement made by or on behalf of one or more employers or one or more organisations of employers or associations of such organisations with one or more organisations of workers or associations of such organisations.
(2) In this Schedule "intended date of retirement" means—
the date so identified;
(d) in a case to which paragraph 3 has applied, any earlier or later date that has superseded the date mentioned in paragraph (a), (b) or (c) as the intended date of retirement by virtue of paragraph 3(3);
(e) in a case to which paragraph 10 has applied, the later date that has superseded the date mentioned in paragraph (a), (b) or (c) as the intended date of retirement by virtue of paragraph 10(3)(b).
Duty of employer to inform employee
2.
—(1) An employer who intends to retire an employee has a duty to notify the employee in writing of—
not more than one year and not less than six months before that date.
(2) The duty to notify applies regardless of—
3.
—(1) This paragraph applies if the employer has notified the employee in accordance with paragraph 2 or 4 or the employee has made a request before being notified in accordance with paragraph 4 (including where no notification in accordance with that paragraph is given), and—
(2) This Schedule does not require the employer to give the employee a further notification in respect of dismissal taking effect on a date—
(3) If—
the earlier or later date shall supersede the relevant date as the intended date of retirement.
(4) In this paragraph, "the relevant date" means the date that is defined as the intended date of retirement in paragraph (a), (b) or (c) of paragraph 1(2).
Continuing duty to inform employee
4.
Where the employer has failed to comply with paragraph 2, he has a continuing duty to notify the employee in writing as described in paragraph 2(1) until the fourteenth day before the operative date of termination.
Statutory right to request not to retire
5.
—(1) An employee may make a request to his employer not to retire on the intended date of retirement.
(2) In his request the employee must propose that his employment should continue, following the intended date of retirement—
and, if the request is made at a time when it is no longer possible for the employer to notify in accordance with paragraph 2 and the employer has not yet notified in accordance with paragraph 4, must identify the date on which he believes that the employer intends to retire him.
(3) A request must be in writing and state that it is made under this paragraph.
(4) An employee may only make one request under this paragraph in relation to any one intended date of retirement and may not make a request in relation to a date that supersedes a different date as the intended date of retirement by virtue of paragraph 3(3) or 10(3)(b).
(5) A request is only a request made under this paragraph if it is made—
An employer's duty to consider a request
6.
An employer to whom a request is made is under a duty to consider the request in accordance with paragraphs 7 to 9.
Meeting to consider request
7.
—(1) An employer having a duty under paragraph 6 to consider a request shall hold a meeting to discuss the request with the employee within a reasonable period after receiving it.
(2) The employer and employee must take all reasonable steps to attend the meeting.
(3) The duty to hold a meeting does not apply if, before the end of the period that is reasonable—
(4) The duty to hold a meeting does not apply if—
(5) Where sub-paragraph (4)(a) applies, the employer may consider the request without holding a meeting provided he considers any representations made by the employee.
(6) The employer shall give the employee notice of his decision on the request as soon as is reasonably practicable after the date of the meeting or, if sub-paragraphs (4) and (5) apply, his consideration of the request.
(7) A notice given under sub-paragraph (6) shall—
(b) where the decision is to refuse the request, confirm that the employer wishes to retire the employee and the date on which the dismissal is to take effect,
and, in the case of a notice falling within paragraph (b), and of a notice referred to in paragraph (a) that specifies a period shorter than the period proposed by the employee in the request, shall inform the employee of his right to appeal.
(8) All notices given under this paragraph shall be in writing and be dated.
Appeals
8.
—(1) An employee is entitled to appeal against—
by giving notice in accordance with sub-paragraph (2) as soon as is reasonably practicable after the date of the notice given under paragraph 7(6).
(2) A notice of appeal under sub-paragraph (1) shall set out the grounds of appeal.
(3) The employer shall hold a meeting with the employee to discuss an appeal within a reasonable period after the date of the notice of appeal.
(4) The employer and employee must take all reasonable steps to attend the meeting.
(5) The duty to hold a meeting does not apply if, before the end of the period that is reasonable—
(6) The duty to hold a meeting does not apply if—
(7) Where sub-paragraph (6)(a) applies, the employer may consider the appeal without holding a meeting provided he considers any representations made by the employee.
(8) The employer shall give the employee notice of his decision on the appeal as soon as is reasonably practicable after the date of the meeting or, if sub-paragraphs (6) and (7) apply, his consideration of the appeal.
(9) A notice under sub-paragraph (8) shall—
(b) where the decision is to refuse the appeal, confirm that the employer wishes to retire the employee and the date on which the dismissal is to take effect.
(10) All notices given under this paragraph shall be in writing and be dated.
Right to be accompanied
9.
—(1) This paragraph applies where—
(2) Where this paragraph applies the employer must permit the employee to be accompanied at the meeting by one companion who—
(3) If—
the employer must postpone the meeting to the time proposed by the employee.
(4) An alternative time must—
(5) An employer shall permit a worker to take time off during working hours for the purpose of accompanying an employee in accordance with a request under sub-paragraph (1)(b).
(6) Sections 168(3) and (4), 169 and 171 to 173 of the Trade Union and Labour Relations (Consolidation) Act 1992[64] (time off for carrying out trade union duties) shall apply in relation to sub-paragraph (5) above as they apply in relation to section 168(1) of that Act.
Dismissal before request considered
10.
—(1) This paragraph applies where—
(2) Subject to sub-paragraph (4), the contract of employment shall continue in force for all purposes, including the purpose of determining for any purpose the period for which the employee has been continuously employed, until the day following that on which the notice under paragraph 7(6) is given.
(3) The day following the day on which that notice is given shall supersede—
(4) Any continuation of the contract of employment under sub-paragraph (2) shall be disregarded when determining the operative date of termination for the purposes of sections 98ZA to 98ZH of the 1996 Act.
Complaint to employment tribunal: failure to comply with paragraph 2
11.
—(1) An employee may present a complaint to an employment tribunal that his employer has failed to comply with the duty to notify him in paragraph 2.
(2) A tribunal shall not consider a complaint under this paragraph unless the complaint is presented—
(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
(3) Where a tribunal finds that a complaint under this paragraph is well-founded it shall order the employer to pay compensation to the employee of such amount, not exceeding 8 weeks' pay, as the tribunal considers just and equitable in all the circumstances.
(4) Chapter 2 of Part 14 of the 1996 Act (calculation of a week's pay) shall apply for the purposes of sub-paragraph (3); and in applying that Chapter the calculation date shall be taken to be the date on which the complaint was presented or, if earlier, the operative date of termination.
(5) The limit in section 227(1) of the 1996 Act[65] (maximum amount of a week's pay) shall apply for the purposes of sub-paragraph (3).
Complaint to employment tribunal: denial of right to be accompanied
12.
—(1) An employee may present a complaint to an employment tribunal that his employer has failed, or threatened to fail, to comply with paragraph 9(2) or (3).
(2) A tribunal shall not consider a complaint under this paragraph in relation to a failure or threat unless the complaint is presented—
(3) Where a tribunal finds that a complaint under this paragraph is well-founded it shall order the employer to pay compensation to the worker of an amount not exceeding two weeks' pay.
(4) Chapter 2 of Part 14 of the 1996 Act (calculation of a week's pay) shall apply for the purposes of sub-paragraph (3); and in applying that Chapter the calculation date shall be taken to be the date on which the relevant meeting took place (or was to have taken place).
(5) The limit in section 227(1) of the 1996 Act (maximum amount of a week's pay) shall apply for the purposes of sub-paragraph (3).
Detriment and dismissal
13.
—(1) An employee has the right not to be subjected to any detriment by any act by his employer done on the ground that he exercised or sought to exercise his right to be accompanied in accordance with paragraph 9.
(2) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that he accompanied or sought to accompany an employee pursuant to a request under paragraph 9.
(3) Section 48 of the 1996 Act shall apply in relation to contraventions of sub-paragraph (1) or (2) above as it applies in relation to contraventions of certain sections of that Act.
(4) Sub-paragraph (2) does not apply where the worker is an employee and the detriment in question amounts to dismissal (within the meaning of Part 10 of the 1996 Act).
(5) An employee who is dismissed shall be regarded for the purposes of Part 10 of the 1996 Act as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that he—
(6) Sections 128 to 132 of the 1996 Act (interim relief) shall apply in relation to dismissal for the reason specified in sub-paragraph (5)(a) or (b) above as they apply in relation to dismissal for a reason specified in section 128(1)(b) of that Act.
2.
—(1) This paragraph applies in a case where—
(b) the expiry date falls before 1st April 2007; and
(c) the employer has made the employee aware, before the commencement date, that the employer considers that the employee is being retired on the expiry date.
(2) Where this paragraph applies and the employer on or as soon as is practicable after the commencement date notifies the employee in writing of the employee's right to make a request under paragraph 5 of Schedule 6—
(3) Where this paragraph applies and the employer does not, on or as soon as is practicable after the commencement date, notify the employee in writing of the employee's right to make a request under paragraph 5 of Schedule 6—
(c) a request shall be treated as being a request made under paragraph 5 of Schedule 6 if it satisfies the requirements of sub-paragraphs (2) and (3) of that paragraph and is made—
3.
—(1) This paragraph applies in a case where the employer has given notice of dismissal to the employee before the commencement date and—
(2) Where this paragraph applies—
(c) a request shall be treated as being a request made under paragraph 5 of Schedule 6 if it satisfies the requirements of sub-paragraphs (2) and (3) of that paragraph and is made—
4.
—(1) This paragraph applies in a case where—
(b) the expiry date falls before 1st April 2007.
(2) Where this paragraph applies and the employer notifies the employee in writing of the employee's right to make a request under paragraph 5 of Schedule 6 before, or on the same day as, the day on which notice of dismissal is given—
(3) Where this paragraph applies but the employer does not notify the employee in writing of the employee's right to make a request under paragraph 5 of Schedule 6 before, or on the same day as, the day on which notice of dismissal is given—
(c) a request shall be treated as being a request made under paragraph 5 of Schedule 6 if it satisfies the requirements of sub-paragraphs (2) and (3) of that paragraph and is made—
5.
—(1) This paragraph applies in a case where—
(b) the period of notice expires on a date falling before 1st April 2007.
(2) Where this paragraph applies—
(c) a request shall be treated as being a request made under paragraph 5 of Schedule 6 if it satisfies the requirements of sub-paragraphs (2) and (3) of that paragraph and is made—
6.
In every case to which paragraph 2, 3, 4 or 5 applies—
(4) For subsection (3) substitute—
(5) After subsection (3A) insert—
5.
—(1) Section 3A[68] (appointment of acting Commissioner) is amended in accordance with this paragraph.
(2) After subsection (1) insert—
(3) In subsection (2) for the words "under this section" substitute "as an acting Commissioner".
(4) For subsection (3) substitute—
6.
The amendments made to the Parliamentary Commissioner Act 1967 apply in relation to appointments made on or after the commencement date.
The Pilotage Act 1987
7.
—(1) The Pilotage Act 1987[69] is amended in accordance with this paragraph.
(2) In section 3(2) (authorisation of pilots) omit the word "age,".
The Social Security Contributions and Benefits Act 1992
8.
The Social Security Contributions and Benefits Act 1992[70] is amended as follows.
9.
—(1) Section 163(1) (interpretation of Part 11 and supplementary provisions) is amended in accordance with this paragraph.
(2) In the definition of "employee" omit paragraph (b) and the word "and" preceding it.
(3) For the definition of "employer" substitute—
10.
—(1) Section 171(1)[71] (interpretation of Part 12 and supplementary provisions) is amended in accordance with this paragraph.
(2) In the definition of "employee" omit paragraph (b) and the word "and" preceding it.
(3) For the definition of "employer" substitute—
(4) This paragraph applies in relation to any case where the expected week of confinement begins on or after 14th January 2007.
11.
—(1) Section 171ZJ[72] (Part 12ZA: supplementary) is amended in accordance with this paragraph.
(2) In subsection (1) for the definition of "employer" substitute—
(3) In subsection (2) omit paragraph (b) and the word "and" preceding it.
(4) This paragraph applies in relation to an entitlement to—
12.
—(1) Section 171ZS[73] (Part 12ZB: supplementary) is amended in accordance with this paragraph.
(2) In subsection (1) for the definition of "employer" substitute—
(3) In subsection (2) omit paragraph (b) and the word "and" preceding it.
(4) This paragraph applies in relation to an entitlement to statutory adoption pay in respect of children—
13.
—(1) In Schedule 11 omit paragraph 2(a) (period of entitlement not to arise if at the relevant date the employee is over 65).
(2) Sub-paragraph (1) applies in relation to a period of incapacity for work which—
(3) But in a case falling within sub-paragraph (2)(b), sub-paragraph (1) does not affect the application of paragraph 1 of Schedule 11 to the 1992 Act in relation to the part of the period of incapacity for work that falls before the commencement date.
The Health Service Commissioners Act 1993
14.
The Health Service Commissioners Act 1993[74] is amended as follows.
15.
—(1) Schedule 1 (the English Commissioner)[75] is amended in accordance with this paragraph.
(2) For paragraph 1 (appointment of Commissioners) substitute the following new paragraphs—
(3) In paragraph 2 (appointment of acting Commissioners)—
16.
The amendments made to the Health Service Commissioners Act 1993 apply in relation to appointments made on or after the commencement date.
The Statutory Sick Pay Act 1994
17.
—(1) The Statutory Sick Pay Act 1994[76] is amended in accordance with this paragraph.
(2) In section 1(2) omit the words after paragraph (b).
The Employment Tribunals Act 1996
18.
The Employment Tribunals Act 1996[77] is amended as follows.
19.
—(1) Section 18(1)[78] (conciliation) is amended in accordance with this paragraph.
(2) At the end of paragraph (p), omit "or".
(3) After paragraph (q), insert
20.
—(1) Section 21(1)[79] (jurisdiction of Appeal Tribunal) is amended in accordance with this paragraph.
(2) At the end of paragraph (q), omit "or".
(3) After paragraph (r) insert—
The Employment Rights Act 1996
21.
The 1996 Act is amended as follows.
22.
—(1) Section 98 (fairness of dismissal: general) is amended as follows.
(2) In subsection (2), after paragraph (b) insert—
(3) After subsection (2) insert—
(4) After subsection (3) insert—
(5) In subsection (4) for "Where" substitute "In any other case where".
23.
After section 98 insert—
(2) Retirement of the employee shall not be taken to be the reason (or a reason) for the dismissal.
No normal retirement age: dismissal at or after 65
98ZB.
—(1) This section applies to the dismissal of an employee if—
(2) In a case where—
retirement of the employee shall be taken to be the only reason for the dismissal by the employer and any other reason shall be disregarded.
(3) In a case where—
retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.
(4) In a case where—
retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.
(5) In all other cases where the employer has not notified the employee in accordance with paragraph 2 of Schedule 6 to the 2006 Regulations, particular regard shall be had to the matters in section 98ZF when determining the reason (or principal reason) for dismissal.
Normal retirement age: dismissal before retirement age
98ZC.
—(1) This section applies to the dismissal of an employee if—
(2) Retirement of the employee shall not be taken to be the reason (or a reason) for the dismissal.
Normal retirement age 65 or higher: dismissal at or after retirement age
98ZD.
—(1) This section applies to the dismissal of an employee if—
(2) In a case where—
retirement of the employee shall be taken to be the only reason for the dismissal by the employer and any other reason shall be disregarded.
(3) In a case where—
retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.
(4) In a case where—
retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.
(5) In all other cases where the employer has not notified the employee in accordance with paragraph 2 of Schedule 6 to the 2006 Regulations, particular regard shall be had to the matters in section 98ZF when determining the reason (or principal reason) for dismissal.
Normal retirement age below 65: dismissal at or after retirement age
98ZE.
—(1) This section applies to the dismissal of an employee if—
(2) If it is unlawful discrimination under the 2006 Regulations for the employee to have that normal retirement age, retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.
(3) Subsections (4) to (7) apply if it is not unlawful discrimination under the 2006 Regulations for the employee to have that normal retirement age.
(4) In a case where—
retirement of the employee shall be taken to be the only reason for dismissal by the employer and any other reason shall be disregarded.
(5) In a case where—
retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.
(6) In a case where—
retirement of the employee shall not be taken to be the reason (or a reason) for dismissal.
(7) In all other cases where the employer has not notified the employee in accordance with paragraph 2 of Schedule 6 to the 2006 Regulations, particular regard shall be had to the matters in section 98ZF when determining the reason (or principal reason) for dismissal
Reason for dismissal: particular matters
98ZF.
—(1) These are the matters to which particular regard is to be had in accordance with section 98ZB(5), 98ZD(5) or 98ZE(7)—
(2) In subsection (1)(b) "notified retirement date" means the date notified to the employee in accordance with paragraph 4 of Schedule 6 to the 2006 Regulations as the date on which the employer intends to retire the employee.
Retirement dismissals: fairness
98ZG.
—(1) This section applies if the reason (or principal reason) for a dismissal is retirement of the employee.
(2) The employee shall be regarded as unfairly dismissed if, and only if, there has been a failure on the part of the employer to comply with an obligation imposed on him by any of the following provisions of Schedule 6 to the 2006 Regulations—
Interpretation
98ZH.
In sections 98ZA to 98ZG—
24.
In section 108[80] (qualifying period of employment) in subsection (3) (cases where no qualifying period of employment is required)—
25.
Omit section 109[81] (upper age limit on unfair dismissal right).
26.
—(1) Section 112[82] (remedies for unfair dismissal: orders and compensation) is amended as follows.
(2) In subsection (5)(a) after "section" insert "98ZG or".
27.
—(1) Section 119 (basic award) is amended as follows.
(2) Omit subsections (4) and (5).
28.
—(1) Section 120[83] (basic award: minimum in certain cases) is amended as follows.
(2) In subsection (1A) after "section" insert "98ZG or".
29.
In section 126(1)[84] (acts which are both unfair dismissal and discrimination), for paragraph (b) substitute—
30.
Section 156 (upper age limit) is repealed.
31.
Section 158 (pension rights) is repealed.
32.
—(1) Section 162 (amount of a redundancy payment) is amended in accordance with this paragraph.
(2) Subsections (4), (5) and (8) are repealed.
(3) In subsection (6), for the words "Subsections (1) to (5)"substitute "Subsections (1) to (3)".
33.
In relation to any case where the date that is the relevant date by virtue of section 153 of the 1996 Act falls before the commencement date, paragraphs 30 to 32 do not apply.
34.
—(1) Section 209 (powers to amend Act) is amended as follows.
(2) In subsection (5)[85] omit "109(1),".
35.
—(1) Section 211 (period of continuous employment) is amended in accordance with this paragraph.
(2) In paragraph (a) of subsection (1) for the words "subsections (2) and" substitute "subsection".
(3) Subsection (2) is repealed.
The Employment Act 2002
36.
—(1) The Employment Act 2002 is amended in accordance with this paragraph.
(2) At the end of each of the following Schedules—
insert—
The Equality Act 2006
37.
The Equality Act 2006[86] is amended as follows.
38.
—(1) Section 14(1) (codes of practice) is amended in accordance with this paragraph.
(2) At the end of paragraph (g) omit "and".
(3) After paragraph (h) insert—
39.
—(1) Section 27(1) (conciliation) is amended in accordance with this paragraph.
(2) At the end of paragraph (f) omit "or".
(3) After paragraph (g) insert—
40.
—(1) Section 33(1) (equality and human rights enactments) is amended in accordance with this paragraph.
(2) At the end of paragraph (g) omit "and".
(3) After paragraph (h) insert—
42.
—(1) The Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations 1956[88] are amended in accordance with this paragraph.
(2) In regulation 3 (qualification of shot firers) omit the words "he has attained the age of twenty-one years; and".
43.
—(1) The Miscellaneous Mines (Explosives) Regulations 1959[89] are amended in accordance with this paragraph.
(2) Omit regulation 6(2).
(3) In regulation 8(2) (control of issue of detonators) omit the words "has attained the age of eighteen years and".
44.
—(1) The Lynemouth Mine (Diesel Vehicles and Storage Battery Vehicles) Special Regulations 1961[90] are amended in accordance with this paragraph.
(2) In regulation 15 after the words "Regulations 17" insert "as amended by the Employment Equality (Age) Regulations 2006".
45.
—(1) The South Crofty Mine (Locomotive) Special Regulations 1965[91] are amended in accordance with this paragraph.
(2) In regulation 11(2) omit the words "has attained the age of twenty-one years and".
46.
—(1) The Glebe Mine (Locomotives and Diesel Vehicles) Special Regulations 1967[92] are amended in accordance with this paragraph.
(2) In regulation 15(2) omit the words "has attained the age of eighteen years and".
47.
—(1) The Winsford Rock Salt Mine (Diesel Vehicles and Storage Battery Vehicles) Special Regulations 1971[93] are amended in accordance with this paragraph.
(2) In regulation 14(2) omit the words "is under the age of twenty-one years and".
48.
—(1) The Thoresby Mine (Cable Reel Load-Haul-Dump Vehicles) Special Regulations 1978[94] are amended in accordance with this paragraph.
(2) In regulation 17 after the words "Regulations 17" insert "as amended by the Employment Equality (Age) Regulations 2006".
49.
The Statutory Sick Pay (General) Regulations 1982[95] are amended as follows.
50.
—(1) Regulation 16 (meaning of "employee") is amended in accordance with this paragraph.
(2) In paragraph (1)—
(3) After paragraph (1) insert—
51.
—(1) Regulation 17(2) (meaning of "earnings") is amended in accordance with this paragraph.
(2) At the end of sub-paragraph (a) insert "(or would have been so excluded had he not been under the age of 16)".
(3) At the end of sub-paragraph (b) insert "(or where such a payment or amount would have been so excluded and in consequence he would not have been entitled to statutory sick pay had he not been under the age of 16)".
52.
The Statutory Maternity Pay (General) Regulations 1986[96] are amended as follows.
53.
—(1) Regulation 17 (meaning of "employee") is amended in accordance with this paragraph.
(2) In paragraph (1)–
(3) After paragraph (1) insert—
54.
—(1) Regulation 20(2)[97] (Meaning of "earnings") is amended in accordance with this paragraph.
(2) At the end of sub-paragraph (a) insert "(or would have been so excluded had she not been under the age of 16)".
(3) At the end of sub-paragraph (b) insert "(or where such a payment or amount would have been so excluded and in consequence she would not have been entitled to statutory maternity pay had she not been under the age of 16)".
(4) This paragraph applies in relation to any case where the expected week of confinement begins on or after 14th January 2007.
55.
—(1) The Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993[98] are amended in accordance with this paragraph.
(2) In regulation 4(4) (appointment of shotfirers and trainee shotfirers) omit the words "he is at least 21 years of age and".
56.
—(1) The Employment Tribunals (Interest on Awards In Discrimination Cases) Regulations 1996[99] are amended in accordance with this paragraph.
(2) In sub-paragraph (b) of the definition of "an award under the relevant legislation" in regulation 1(2) (interpretation)—
57.
—(1) The Employment Protection (Continuity of Employment) Regulations 1996[100] are amended in accordance with this paragraph.
(2) In regulation 2 (application)—
58.
—(1) The National Minimum Wage Regulations 1999[101] are amended in accordance with this paragraph.
(2) Omit regulation 12(2)(a).
(3) Omit paragraphs (2) to (6) of regulation 13.
(4) In regulation 13(7) for the words "Paragraphs (1) and (2) do" substitute "Paragraph (1) does".
(5) In relation to any case where, before the commencement date, a worker within the meaning of regulation 12(2) has attained the age of 26, sub-paragraph (2) does not apply.
59.
The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002[102] are amended as follows.
60.
—(1) Regulation 32 (Treatment of persons as employees) is amended in accordance with this paragraph.
(2) In paragraph (1)–
(3) After paragraph (1) insert—
61.
—(1) Regulation 39(2) (Meaning of "earnings") is amended in accordance with this paragraph.
(2) At the end of sub-paragraph (a) insert "(or would have been so excluded had he not been under the age of 16)".
(3) At the end of sub-paragraph (b) insert "(or where such a payment or amount would have been so excluded and in consequence he would not have been entitled to statutory paternity pay or, as the case may be, statutory adoption pay had he not been under the age of 16)".
62.
—(1) Schedule 1A (occupational pension schemes) to the Employment Equality (Religion or Belief) Regulations 2003[103] is amended in accordance with this paragraph.
(2) In paragraph 1(1)—
(3) In paragraph 1(2) omit the words "as at the date of the coming into force of these Regulations".
63.
—(1) Schedule 1A (occupational pension schemes) to the Employment Equality (Sexual Orientation) Regulations 2003[104] is amended in accordance with this paragraph.
(2) In paragraph 1(1)—
(3) In paragraph 1(2) omit the words "as at the date of the coming into force of these Regulations".
64.
—(1) The Employment Act 2002 (Dispute Resolution) Regulations 2004[105] are amended in accordance with this paragraph.
(2) In regulation 4(1) (dismissals to which the dismissal and disciplinary procedures do not apply)—
|
|
Short title and chapter | Extent of repeal |
Marriage (Scotland) Act 1977 (c.15) |
In section 9(1) the proviso, In section 12 the proviso, and In section 17 the proviso |
Education (Scotland) Act 1980 (c.44) | Section 89 |
Solicitors (Scotland) Act 1980 (c.46) | Section 6(1)(a) |
Weights and Measures Act 1985 (c.72) | Section 73(3) |
Electricity Act 1989 (c.29) | In Schedule 10, paragraph 9(3) |
Judicial Pensions and Retirement Act 1993 (c.8) | In Schedule 6, paragraph 66 |
Scottish Public Services Ombudsman Act 2002 (asp11) |
In Schedule 1, paragraph 4(1)(c) In Schedule 1, in paragraph 4(3), the words in brackets |
Freedom of Information (Scotland) Act 2002 (asp13) |
Section 42(4)(b) In section 42(5), the words in brackets |
|
|
Title and reference | Extent of revocation |
Coal and Other Mines (Sidings) Regulations 1956, Schedule to the Coal and Other Mines (Sidings) Order 1956 (S.I. 1956/1773) |
Regulation 21 In regulation 22, the definition of locomotive |
The Management and Administration of Safety and Health in Mines Regulations 1993 (S.I. 1993/1897) | Regulation 17(2) |
[2] See the European Communities (Designation) (No. 3) Order 2002 (S.I. 2002/1819).back
[4] 1996 c.56; section 579 has been amended on a number of occasions. The relevant amendments for the purposes of these Regulations were those made by section 140(1) of, and paragraph 183(a)(iii) of Schedule 30 to, the School Standards and Framework Act 1998 (c.31) and regulation 3 of S.I. 2003/2045.back
[5] Section 4 was amended by section 51 of the Education Act 1997 (c.44) and Part 3 of Schedule 22 to the Education Act 2002 (c.32).back
[7] 1975 c.24; Schedule 2 was amended by the Scotland Act 1998 (c.46), sections 48(6) and 87(1) and Schedule 9, and by S.I. 2002/794.back
[8] Section 98ZH of the 1996 Act is inserted into that Act by regulation 49 of, and paragraph 23 of Schedule 8 to, these Regulations.back
[12] 1975 c.24; Schedule 2 was amended by the Scotland Act 1998 (c.46), sections 48(6) and 87(1) and Schedule 9, and by S.I. 2002/794.back
[15] 1994 c.39; section 2 was amended by the Environment Act 1995 (c.25), Schedule 22, paragraph 232(1).back
[16] 1973 c.65; section 51 was amended by the Local Government etc (Scotland) Act 1994 (c.39), Schedule 14, paragraph 1.back
[25] 1973 c.50; section 2 was substituted by section 25(1) of the Employment Act 1988 (c.19), and amended by the Employment Act 1989 (c.38), Schedule 7, Part 1, and by section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c.19).back
[30] Employment Rights Act 1996 (c.18); sections 98ZA to 98ZF are inserted by paragraph 23 of Schedule 8 to these Regulations.back
[31] 1998 c.39. The hourly rate is prescribed in regulation 11 of the National Minimum Wage Regulations 1999 (S.I. 1999/584) and that rate has most recently been amended by regulation 2 of the National Minimum Wage Regulations 1999 (Amendment) Regulations 2005 (S.I. 2005/2019).back
[32] S.I. 1999/584, to which relevant amendments have been made by S.I. 2000/1989 and S.I. 2004/1930.back
[33] A person qualifies for the national minimum wage if he is a person who – (a) is a worker; (b) is working, or ordinarily works, in the UK under a contract; and (c) has ceased to be of compulsory school age: see s.1(2) of the National Minimum Wage Act 1998.back
[34] S.I. 1999/2277. See Schedule 2, Part 1, paragraph 2.back
[35] Subsections (4), (5) and (8) of section 162 of the 1996 Act have been repealed by regulation 49 of, and paragraph 32 of Schedule 8 to, these Regulations. Subsection (6) was amended by the Employment Rights (Dispute Resolution) Act 1998 (c.8), section 1(2)(a). Subsection (7) was repealed by the Employment Relations Act 1999 (c.26), sections 9 and 44 and Schedule 4, Part 3, paragraphs 5 and 30.back
[36] The amount laid down in section 227 may be increased or decreased by Order made by the Secretary of State under section 34 of the Employment Relations Act 1999. The amount laid down in section 227 is currently £290: see S.I. 2005/3352.back
[38] S.I. 1996/2803. Regulation 1(2) of those Regulations is amended by paragraph 56 of, and Schedule 8 to, these Regulations.back
[41] Employment Rights Act 1996 (c.18); subsection (8) was amended by the Employment Rights (Dispute Resolution) Act 1998 (c.8), section 1(2)(a).back
[42] 1993 c.48; relevant amendments have been made to section 1(1) by the Pensions Act 2004 (c.35), section 239.back
[47] 1993 c.48; relevant amendments to section 1(1) have been made by the Pensions Act 2004 (c.35), section 239.back
[50] 1992 c.4; relevant amendments have been made to section 122(1) by the Pensions Act 1995 (c.26), section 126 and Schedule 4 paragraph 13(a).back
[51] 1995 c.26; relevant amendments have been made to section 124(1) by the Pensions Act 2004 (c.35), section 320 and Schedule 13, Part 1.back
[52] 1995 c.26; relevant amendments have been made to section 124(1) by the Child Support, Pensions and Social Security Act 2000 (c.19), section 56 and Schedule 5, Part 1, paragraph 8(3).back
[53] 1993 c.48; relevant amendments have been made to section 1(1) by the Pensions Act 2004 (c.35), section 239.back
[55] 1992 c.4; relevant amendments have been made to section 5(1) by the Welfare Reform and Pensions Act 1999 (c.30), section 73, Schedule 9, Part 1, paragraph 1.back
[59] 1992 c.4; relevant amendments have been made by the Welfare Reform and Pensions Act 1999, c.30, section 73 and Schedule 9, Part 1, paragraph 1.back
[63] Employment Rights Act 1996 (c.18); section 95 has been amended by section 57 of, and by Schedule 1, paragraph 29, and Schedule 2 to, the Employment Relations Act 2004 (c.24), and by regulation 11 of, and paragraph 3(1) and (7) of Part 1 of Schedule 2 to, S.I. 2002/2034.back
[64] 1992 c.52; sections 171 and 173 have been amended by section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c.8). There are other amendments to these provisions which are not relevant for the purposes of these Regulations.back
[65] 1996 c.18; the amount laid down in section 227 may be increased or decreased by Order made by the Secretary of State under section 34 of the Employment Relations Act 1999. The amount laid down in section 227 is currently £290: see S.I. 2005/3352.back
[66] 1954 c.70; relevant amendments to sections 42, 43 and 44 are made by the Employment Act 1989 (c.38), sections 9 and 29(4) and by Schedule 7.back
[67] 1967 c.13; section 1(3A) was inserted by the Parliamentary and Health Services Commissioners Act 1987 (c.13), section 2(1).back
[68] Section 3A was inserted by the Parliamentary and Health Service Commissioners Act 1987 (c.13), section 6(1).back
[70] 1992 c.4; the definition of "employee" has been amended but in a way not relevant for the purposes of these Regulations. The definition of "employer" has been amended by the Social Security Act 1998, (c.14), section 86(1), and Schedule 7, paragraph 74.back
[71] The definition of "employee" has been amended but in a way not relevant for the purposes of these Regulations. The definition of "employer" has been amended by the Social Security Act 1998, section 86(1), and Schedule 7, paragraph 75.back
[72] Section 171ZJ was inserted by the Employment Act 2002 (c.22), section 2.back
[73] Section 171ZS was inserted by the Employment Act 2002, section 4.back
[75] The schedule heading was amended by the Government of Wales Act 1998 (c.38), section 112, and Schedule 10, paragraph 16(2).back
[78] Section 18(1)(p) was amended by S.I. 2004/3426, regulation 34(c). Section 18(1)(q) was inserted by S.I. 2006/349, Schedule 1, paragraph 9.back
[79] Section 21(1)(q) was amended by S.I.2004/3426, regulation 37(c). Section 21(r) was inserted by S.I. 2006/349, Schedule 1, paragraph 10.back
[80] Section 108(1) was amended by S.I. 2004/3426, regulation 31(2)(b). Section 108(1)(m) was inserted by S.I. 2006/349, Schedule 1, paragraph 6.back
[81] Section 109 has been amended but the amendments are not relevant for the purposes of these Regulations.back
[82] Subsection (5) was inserted by the Employment Act 2002 (c.22), section 34(3).back
[83] Subsection (1A) inserted by the Employment Act 2002, sections 34(1) and (6).back
[84] Section 126(1)(b) was substituted by the Employment Rights (Dispute Resolution) Act 1998 (c.8), section 14(3), and has been amended since, but the amendments are not relevant for the purposes of these Regulations.back
[85] Section 209(5) was amended by the Employment Relations Act 1999 (c.26), section 44 and Schedule 9.back
[95] S.I. 1982/894; regulation 17(2) was amended by S.I. 1999/567, regulation 13.back
[97] Regulation 20(2) was amended by S.I. 1999/567, regulation 12.back
[99] S.I. 1996/2803; regulation 1(2) was amended by S.I. 2003/1661, regulation 1(1), and S.I. 2003/1660, regulation 1(1).back
[100] S.I. 1996/3147; regulation 2(c) was inserted by S.I. 2001/1188, regulation 1(1), and regulation 2(f) was amended by S.I. 2004/752, regulation 17(e).back
[101] S.I. 1999/584; regulation 13 has been amended, but the amendments are not relevant for the purposes of these Regulations.back
[103] S.I. 2003/1660; Schedule 1A was inserted by S.I. 2003/2828, regulation 3.back
[104] S.I. 2003/1661; Schedule 1A was inserted by S.I. 2003/2827, regulation 3.back
[106] Sections 98ZA to 98ZF are inserted by regulation 49 of, and paragraph 23 of Schedule 8 to, these Regulations.back