Paragraph 2

(1)

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

(a)

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

(b)

taken relevant disciplinary action against the employee; or

(c)

dismissed the employee.

(2)

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

(a)

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

(b)

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

(c)

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