{
  "url": "https://openlegislation.uk/employment-act-2008-commencement-no-1-transitional-provisions-and-savings-order-2008/schedule/paragraph-3",
  "json_url": "https://openlegislation.uk/employment-act-2008-commencement-no-1-transitional-provisions-and-savings-order-2008/schedule/paragraph-3.json",
  "legislation": "uksi/2008/3232",
  "legislation_title": "The Employment Act 2008 (Commencement No. 1, Transitional Provisions and Savings) Order 2008",
  "legislation_url": "https://openlegislation.uk/employment-act-2008-commencement-no-1-transitional-provisions-and-savings-order-2008",
  "path": "schedule/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": null,
  "text": "(1) The amendments and repeals referred to in paragraph 1 shall not have effect where the standard grievance procedure or the modified grievance procedure applies by virtue of regulation 6 of the Regulations, and the action about which the employee complains (by complying with paragraph 6 or 9 of Schedule 2 to the 2002 Act, or presenting a complaint to an employment tribunal) occurs wholly before 6th April 2009.\n(2) The amendments and repeals referred to in paragraph 1 shall not have effect where the standard grievance procedure or the modified grievance procedure applies by virtue of regulation 6 of the Regulations and—\n(a) the action which forms the basis of a grievance begins on or before 5th April 2009 and continues beyond that date; and\n(b) the employee presents a complaint to the employment tribunal or complies with paragraph 6 or 9 of Schedule 2 to the 2002 Act in relation to the grievance—\n(i) on or before 4th July 2009 under a jurisdiction listed in Part 2 of this Schedule and section 238 of the Trade Union and Labour Relations (Consolidation) Act 1992does not apply;\n(ii) on or before 4th October 2009 under a jurisdiction listed in Part 2 of this Schedule and section 238 of the Trade Union and Labour Relations (Consolidation) Act 1992 applies;\n(iii) on or before 4th October 2009 under a jurisdiction listed in Part 3 of this Schedule.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1992. Section 238(2) was amended by section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8). Section 238(2A) was inserted by section 49(2), paragraph 77 of Schedule 8 to the Trade Union Reform and Employment Rights Act 1993 (c. 19) and subsequently amended by section 9 of the Employment Relations Act 1999 (c. 26), sections 40(9)(a) and (b) and 41(2)(a) and (b) of the Employment Relations Act 2004 (c. 24), section 240, paragraphs 56(1) and (15) of Schedule 1 to the Employment Rights Act 1996, and section 9, paragraphs 1 and 3(b) of Schedule 4 to the Employment Relations Act 1999. Section 238(2B) was inserted by section 16, paragraphs 1 and 2 of Schedule 5 to the Employment Relations Act 1999."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/3232/schedule/paragraph/3",
    "retrieved_at": "2026-10-29T03:20:02.399812+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}