{
  "url": "https://openlegislation.uk/employment-relations-act-1999-commencement-no-1-and-transitional-provisions-order-1999/note",
  "json_url": "https://openlegislation.uk/employment-relations-act-1999-commencement-no-1-and-transitional-provisions-order-1999/note.json",
  "legislation": "uksi/1999/2509",
  "legislation_title": "The Employment Relations Act 1999 (Commencement No. 1 and Transitional Provisions) Order 1999",
  "legislation_url": "https://openlegislation.uk/employment-relations-act-1999-commencement-no-1-and-transitional-provisions-order-1999",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order brings into force on 9 September 1999 section 38 of the Employment Relations Act 1999 which provides that, where regulations make provision for the purpose of implementing, or for a purpose concerning, a Community obligation relating to the treatment of employees on the transfer of an undertaking, the Secretary of State may make similar provision in relation to the treatment of employees in circumstances other than those to which the Community obligation applies.\nThe Order also brings into force on 9 September 1999 section 42 of the Employment Relations Act 1999 which makes provision in respect of orders and regulations.\nThe Order also brings into force on 30 September 1999 section 18(6) of the Employment Relations Act 1999, which provides that section 197(1) of the Employment Rights Act 1996 does not prevent Part X of that Act from applying to a dismissal which is regarded as unfair by virtue of sections 99 to 104 of that Act (pregnancy and childbirth, and assertion of a statutory right). Section 197(1) of that Act provides that Part X does not apply to dismissal from employment under a contract for a fixed term of at least one year, where the dismissal consists only of the expiry of the fixed term and the employee has previously agreed in writing to exclude any claim under that Part. Section 18(6) will apply in respect of fixed term contracts which expire on or after 30 September 1999.\nThe Order includes a transitional provision in article 4.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1999/2509/note",
    "retrieved_at": "2026-10-29T09:56:40.959174+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."
}