{
  "url": "https://openlegislation.uk/employment-relations-act-1999/schedule-5/paragraph-4",
  "json_url": "https://openlegislation.uk/employment-relations-act-1999/schedule-5/paragraph-4.json",
  "legislation": "ukpga/1999/26",
  "legislation_title": "Employment Relations Act 1999",
  "legislation_url": "https://openlegislation.uk/employment-relations-act-1999",
  "path": "schedule/5/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": null,
  "text": "(1) Section 239 (supplementary provisions relating to unfair dismissal) shall be amended as follows.\n(2) In subsection (1) for “Sections 237 and 238” there shall be substituted “ Sections 237 to 238A ”.\n(3) At the end of subsection (1) there shall be added “ ; but sections 108 and 109 of that Act (qualifying period and age limit) shall not apply in relation to section 238A of this Act. ”\n(4) In subsection (2) after “section 238” there shall be inserted “ or 238A ”.\n(5) At the end there shall be added—\n“(4) In relation to a complaint under section 111 of the 1996 Act (unfair dismissal: complaint to employment tribunal) that a dismissal was unfair by virtue of section 238A of this Act—\n(a) no order shall be made under section 113 of the 1996 Act (reinstatement or re-engagement) until after the conclusion of protected industrial action by any employee in relation to the relevant dispute,\n(b) regulations under section 7 of the Employment Tribunals Act 1996 may make provision about the adjournment and renewal of applications (including provision requiring adjournment in specified circumstances), and\n(c) regulations under section 9 of that Act may require a pre-hearing review to be carried out in specified circumstances.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1999/26/schedule/5/paragraph/4",
    "retrieved_at": "2026-11-06T03:35:14.050329+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."
}