Regulation 3 Determination of questions
Any question concerning the application of regulation 2 to a person shall be decided in the first instance by the scheduled body which is his new employer.
The scheduled body shall notify the person in writing of its decision, and in its notification it must—
give reasons for its decision, and
inform the person of his right under paragraph (3) to institute proceedings and of the address to which any application instituting such proceedings should be sent.
If—
the person is dissatisfied with the scheduled body’s decision in his case, or
the scheduled body has not, within 6 months after 1st April 1990 or, as the case may be, after his ceasing to be employed by his former employer, notified him of a decision,
he may institute proceedings for the determination of the question by an industrial tribunal established in pursuance of the Industrial Tribunals (England and Wales) Regulations 1965f1.
The right conferred by paragraph (3) above is without prejudice to any right to make such a reference to an industrial tribunal as is mentioned in section 101(1)(c) of the Employment Protection (Consolidation) Act 1978f2 (reference of question as to right to or amount of redundancy payment).
Annotations
Footnotes
- f1
-
S.I. 1965/1101, amended by S.I. 1967/301, 1970/941, 1977/1473
- f2