Article 3 Supplementary and transitional provisions

(1)

The variation specified in item 1 of the Table in article 2 above shall have effect as respects any day in respect of which an employee becomes entitled to a guarantee payment after this Order comes into force.

(2)

The variation specified in item 2 of the Table in article 2 above shall have effect where the relevant date (as defined in section 122(2) of the 1978 Act^f1) falls after this Order comes into force.

(3)

The variation specified in item 3 of the Table in article 2 above shall have effect as respects an employer’s failure to comply with an order for reinstatement or re-engagement where the date (specified under section 69(2)(c) or, as the case may be, section 69(4)(f) of the 1978 Act) by which he order must be compiled with falls after this Order comes into force.

(4)

The variation specified in item 3 of the Table in article 2 above shall likewise have effect where the appropriate date (as defined in article (6)(a) below) falls after this Order comes into force.

(5)

The variation specified in item 4 of the Table in article 2 above shall have effect where the effective date of termination as defined in section 55(4) or, where applicable, section 55(5) or 55(6) of the 1978 Act^f2 falls after this Order comes into force.

(6)

The variation specified in item 4 of the Table in article 2 above shall likewise have effect where the appropriate date falls after this Order comes into force. “Appropriate date” means:—

(a)

in the case of a complaint presented under section 4 of the Employment Act 1980^f3 (complaint of unreasonable exclusion or expulsion from a trade union) the date of the refusal of the application for, or the expulsion from, membership of a trade union, as the case may be; or

(b)

in the case of a complaint presented under section 4 of the Employment Act 1988^f4 (complaint of unjustifiable discipline by a trade union) the date of the determination which the individual claims constituted an infringement of his right.

(7)

The variation specified in item 5 of the Table in article 2 above shall have effect—

(a)

as respects a lay-off or a keeping on short-time where the relevant date (as defined in section 90(2) of the 1978 Act) falls after this Order comes into force; and

(b)

as respects a dismissal where the relevant date (as defined in section 90(1) or 90(3) of the 1978 Act) falls after this Order comes into force.

(8)

Nothing in this Order affects any limit otherwise than as provided by the foregoing provisions of this article and accordingly the limits operative under the Order mentioned in article 1(2) above continue to apply in cases not falling within those provisions.

Annotations

Footnotes

f1: Section 122(2) was amended by section 218(3) of the Insolvency Act 1985 (c. 65)
f2: Section 55(5) was amended, and section 55(6) inserted, by paragraph 1 of Schedule 3 to the Employment Act 1982.
f3: 1980 c. 42
f4: 1988 c. 19