# The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2014 S.I. 2014/431 · made 25 February 2014 This Order amends section 18(1) of the Employment Tribunals Act 1996. Section 18(1) lists the proceedings which are relevant proceedings for the purposes of early conciliation and other conciliation services provided by the Advisory, Conciliation and Arbitration Service. The amendments made by this Order add to the list of jurisdictions in section 18(1) and reorder the list chronologically. The list is also revised by this Order to refer solely to the legislative provisions under which individuals present complaints to Employment Tribunals. Made under: Employment Tribunals Act 1996 (Section 18, Section 41) PDFs: Printed copy https://openlegislation.uk/employment-tribunals-act-1996-application-of-conciliation-provisions-order-2014/pdf/uksi_20140431_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/employment-tribunals-act-1996-application-of-conciliation-provisions-order-2014/pdf/uksiem_20140431_en.pdf ## Introductory text Terms And Conditions Of Employment Made 25th February 2014 Laid before Parliament 28th February 2014 Coming into force 6th April 2014 The Secretary of State and the Lord Chancellor, acting jointly, in exercise of the powers conferred on them by sections 18(8) and (9) and 41(4) of the Employment Tribunals Act 1996, make the following Order. ## 1 Citation and commencement This Order may be cited as the Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2014 and comes into force on 6th April 2014. ## 2 Amendment to the Employment Tribunals Act 1996 In section 18(1) of the Employment Tribunals Act 1996 for paragraphs (a) to (y) substitute— “(a) under section 66, 68A, 70C, 87, 137, 138, 145A, 145B, 146, 168, 168A, 169, 170, 174, 189 or 192 of, or paragraph 156 of Schedule A1 to, the Trade Union and Labour Relations (Consolidation) Act 1992, (b) under section 11, 23, 34, 63I, 70, 70A, 80(1), 80H, 93, 111, 163 or 177 of the Employment Rights Act 1996, or under Part 5 or 6 of that Act, (c) under section 11, 19D(1)(a) or 24 of the National Minimum Wage Act 1998, (d) under section 56 of the Pensions Act 2008, (e) under section 120 or 127 of the Equality Act 2010, (f) under regulation 11 of the Safety Representatives and Safety Committees Regulations 1977, (g) under article 6 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, (h) under article 6 of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994, (i) under paragraph 2 of Schedule 2 to the Health and Safety (Consultation with Employees) Regulations 1996, (j) under regulation 30 of the Working Time Regulations 1998, (k) under regulation 27 or 32 of the Transnational Information and Consultation of Employees Regulation 1999, (l) under regulation 8 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, (m) under regulation 7 or 9 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, (n) under regulation 22 of the Merchant Shipping (Hours of Work) Regulations 2002, (o) under regulation 15 of the Flexible Working (Procedural Requirements) Regulations 2002, (p) under regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003, (q) under regulation 18 of the Civil Aviation (Working Time) Regulations 2004, (r) under regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004, (s) under regulation 29 or 33 of the Information and Consultation of Employees Regulations 2004, (t) under paragraphs 4 or 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006, (u) under regulation 30 or 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006, (v) under regulation 45 or 51 of the Companies (Cross-Border Mergers) Regulations 2007, (w) under regulation 17 of the Cross-border Railway Services (Working Time) Regulations 2008, (x) under regulation 9 of Ecclesiastical Offices (Terms of Service) Regulations 2009, (y) under regulation 28 or 32 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009, (z) under regulation 18 of the Agency Workers Regulations 2010, (z1) under regulation 17 of the Employee Study and Training (Procedural Requirements) Regulations 2010, or (z2) under regulation 5, 6 or 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010.”. ## 3 Consequential amendments The amendments in the Schedule to this Order have effect. ## Signature Jenny Willott Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs Department for Business, Innovation and Skills 18th February 2014 Shailesh Vara Parliamentary Under Secretary of State for Ministry of justice Ministry of Justice 25th February 2014 ## 1 Trade Union and Labour Relations (Consolidation) Act 1992 In section 189(5A) of the Trade Union and Labour Relations (Consolidation) Act 1992 after “section 188” insert “or 188A”. ## 2 Employment Rights Act 1996 The Employment Rights Act 1996 is amended as follows. ## 3 Employment Rights Act 1996 In section 11(6) for “Where the reference concerns compliance with section 8, section” substitute “Section”. ## 4 Employment Rights Act 1996 In section 203(2)(f)— (a) in paragraph (i) for “paragraph (d)” substitute “paragraph (b)”; (b) in paragraph (ii) for “paragraph (h)” substitute “paragraph (l)”; (c) in paragraph (iii) for “paragraph (i)” substitute “paragraph (m)”; (d) omit paragraph (iv). ## 5 National Minimum Wage Act 1998 In section 49(3)(a) of the National Minimum Wage Act 1998 for “section 18(1)(dd)” substitute “section 18(1)(c)”. ## 6 Employment Relations Act 1999 In section 14(b) of the Employment Relations Act 1999 for “section 18(1)(d)” substitute “section 18(1)(b)”. ## 7 Safety Representatives and Safety Committees Regulations 1977 The Safety Representatives and Safety Committees Regulations 1977 are amended as follows. ## 8 Safety Representatives and Safety Committees Regulations 1977 In regulation 11 after paragraph (2) insert— “(2A) Regulation 12 (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2).”. ## 9 Safety Representatives and Safety Committees Regulations 1977 After regulation 11 insert— “Extension of time limit to facilitate conciliation before institution of proceedings 12. (1) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the three month time limit set by regulation 11(2) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the three month time limit set by regulation 11(2) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by paragraph (2) of regulation 11 to extend the three month time limit set by that paragraph is exercisable in relation to that time limit as extended by this regulation.”. ## 10 Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 The Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 is amended as follows. ## 11 Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 In articles 7 and 8 for “article 8A” substitute “articles 8A and 8B”. ## 12 Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 After article 8A insert— “Extension of time limit to facilitate conciliation before institution of proceedings 8B. (1) This article applies where this Order provides for it to apply for the purposes of a provision of this Order (“a relevant provision”). (2) In this article— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (3) In working out when the time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted. (4) If the time limit set by a relevant provision would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (5) Where an employment tribunal has power under this Order to extend the time limit set by a relevant provision, the power is exercisable in relation to that time limit as extended by this regulation.”. ## 13 Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994 The Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994 is amended as follows. ## 14 Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994 In articles 7 and 8 for “article 8A” substitute “articles 8A and 8B”. ## 15 Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994 After article 8A insert— “Extension of time limit to facilitate conciliation before institution of proceedings 8B. (1) This article applies where this Order provides for it to apply for the purposes of a provision of this Order (“a relevant provision”). (2) In this article— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (3) In working out when the time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted. (4) If the time limit set by a relevant provision would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (5) Where an employment tribunal has power under this Order to extend the time limit set by a relevant provision, the power is exercisable in relation to that time limit as extended by this regulation.”. ## 16 Health and Safety (Consultation with Employees) Regulations 1996 Schedule 2 to the Health and Safety (Consultation with Employees) Regulations 1996 is amended as follows. ## 17 Health and Safety (Consultation with Employees) Regulations 1996 In paragraph 3 for “An employment tribunal” substitute “Subject to paragraph 3A an employment tribunal”. ## 18 Health and Safety (Consultation with Employees) Regulations 1996 After paragraph 3 insert— “3A. (1) In this paragraph— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the three month time limit set by paragraph 3 expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the three month time limit set by paragraph 3 would (if not extended by this sub-paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by paragraph 3 to extend the three month time limit set by that paragraph is exercisable in relation to that time limit as extended by this paragraph.”. ## 19 Working Time Regulations 1998 In regulation 35 of the Working Time Regulations 1998, in paragraph (2)(b), for “section 18(1)(ff)” substitute “section 18(1)(j)”. ## 20 Transnational Information and Consultation of Employees Regulations 1999 In regulation 41 of the Transnational Information and Consultation of Employees Regulations 1999, in paragraph (3)(a), for “section 18(1)(g)” substitute “section 18(1)(k)”. ## 21 Merchant Shipping (Hours of Work) Regulations 2002 The Merchant Shipping (Hours of Work) Regulations 2002 are amended as follows. ## 22 Merchant Shipping (Hours of Work) Regulations 2002 In regulation 3A, in paragraph (c)(iii), for “section 18(1)(y)” substitute “section 18(1)(n)”. ## 23 Merchant Shipping (Hours of Work) Regulations 2002 In regulation 22 after paragraph (2) insert— “(2A) Regulation 22A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”. ## 24 Merchant Shipping (Hours of Work) Regulations 2002 After regulation 22 insert— “Extension of time limits to facilitate conciliation before institution of proceedings 22A. (1) In this regulation— (a) Day A is the day on which the seafarer concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the seafarer concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 22(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by regulation 22(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 22(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## 25 Merchant Shipping (Hours of Work) Regulations 2002 In regulation 23, in paragraph (2)(b), for “section 18(1)(y)” substitute “section 18(1)(n)”. ## 26 Flexible Working (Procedural Requirements) Regulations 2002 The Flexible Working (Procedural Requirements) Regulations 2002 are amended as follows. ## 27 Flexible Working (Procedural Requirements) Regulations 2002 In regulation 15 after paragraph (2) insert— “(2A) Regulation 15A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”. ## 28 Flexible Working (Procedural Requirements) Regulations 2002 After regulation 15 insert— “Extension of time limits to facilitate conciliation before institution of proceedings 15A. (1) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 15(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by a regulation 15(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 15(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## 29 Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 In the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003— (a) in regulation 4, in paragraph (d), for “section 18(1)(m)” substitute “section 18(1)(p)”; (b) in regulation 19, in paragraph (2)(b), for “section 18(1)(m)” substitute “section 18(1)(p)”. ## 30 Civil Aviation (Working Time) Regulations 2004 The Civil Aviation (Working Time) Regulations 2004 are amended as follows. ## 31 Civil Aviation (Working Time) Regulations 2004 In regulation 18 after paragraph (2) insert— “(2A) Regulation 19 (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”. ## 32 Civil Aviation (Working Time) Regulations 2004 After regulation 18 insert— “Extension of time limits to facilitate conciliation before institution of proceedings 19. (1) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 18(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by regulation 18(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 18(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## 33 Fishing Vessels (Working Time: Sea-fisherman) Regulations 2004 In the Fishing Vessels (Working Time: Sea-fisherman) Regulations 2004— (a) in regulation 4, in paragraph (f), for “section 18(1)(n)” substitute “section 18(1)(r)”; (b) in regulation 20, in paragraph (2)(b), for “section 18(1)(n)” substitute “section 18(1)(r)”. ## 34 European Cooperative Society (Involvement of Employees) Regulations 2006 In the European Cooperative Society (Involvement of Employees) Regulations 2006— (a) in regulation 41, in paragraph (3), for “section 18(1)(s)” substitute “section 18(1)(u)”; (b) in Schedule 3, in paragraph 18(2), for “section 18(1)(s)” substitute “section 18(1)(u)”. ## 35 Ecclesiastical Offices (Terms of Service) Regulations 2009 The Ecclesiastical Offices (Terms of Service) Regulations 2009 are amended as follows. ## 36 Ecclesiastical Offices (Terms of Service) Regulations 2009 In regulation 9 after paragraph (4) insert— “(5) Regulation 9A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (4)(a).”. ## 37 Ecclesiastical Offices (Terms of Service) Regulations 2009 After regulation 9 insert— “Extension of time limits to facilitate conciliation before institution of proceedings 9A. (1) In this regulation— (a) Day A is the day on which the office holder concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the office holder concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 9(4)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by regulation 9(4)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 9(4)(b) to extend the time limit set by paragraph (4)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## 38 European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 In regulation 39 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009, in paragraph (3), for “section 18(1)(v)” substitute “section 18(1)(y)”. ## 39 Employee Study and Training (Procedural Requirements) Regulations 2010 The Employee Study and Training (Procedural Requirements) Regulations 2010 are amended as follows. ## 40 Employee Study and Training (Procedural Requirements) Regulations 2010 In regulation 17 after paragraph (2) insert— “(2A) Regulation 17A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).”. ## 41 Employee Study and Training (Procedural Requirements) Regulations 2010 After regulation 17 insert— “Extension of time limits to facilitate conciliation before institution of proceedings 17A. (1) In this regulation— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by regulation 17(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by regulation 17(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by regulation 17(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.”. ## Explanatory note (This note is not part of the Order) This Order amends section 18(1) of the Employment Tribunals Act 1996. Section 18(1) lists the proceedings which are relevant proceedings for the purposes of early conciliation and other conciliation services provided by the Advisory, Conciliation and Arbitration Service. The amendments made by this Order add to the list of jurisdictions in section 18(1) and reorder the list chronologically. The list is also revised by this Order to refer solely to the legislative provisions under which individuals present complaints to Employment Tribunals. The Schedule to this Order makes consequential amendments to the limitation periods which apply to the jurisdictions added to the list and makes consequential amendments to cross references to paragraphs in section 18(1) which appear in other pieces of legislation. A regulatory impact assessment on the introduction of early conciliation is available and a copy can be obtained from the Department for Business Innovation and Skills, Labour Market Directorate, 1 Victoria Street, London, SW1H OET. Copies have also been placed in the libraries of both Houses of Parliament. --- Source: https://www.legislation.gov.uk/uksi/2014/431 (the official version) Page: https://openlegislation.uk/employment-tribunals-act-1996-application-of-conciliation-provisions-order-2014 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.