The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2014

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.

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^f1,

(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^f2,

(c)

under section 11, 19D(1)(a) or 24 of the National Minimum Wage Act 1998^f3,

(d)

under section 56 of the Pensions Act 2008^f4,

(e)

under section 120 or 127 of the Equality Act 2010^f5,

(f)

under regulation 11 of the Safety Representatives and Safety Committees Regulations 1977^f6,

(g)

under article 6 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994^f7,

(h)

under article 6 of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994^f8,

(i)

under paragraph 2 of Schedule 2 to the Health and Safety (Consultation with Employees) Regulations 1996^f9,

(j)

under regulation 30 of the Working Time Regulations 1998^f10,

(k)

under regulation 27 or 32 of the Transnational Information and Consultation of Employees Regulation 1999^f11,

(l)

under regulation 8 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000^f12,

(m)

under regulation 7 or 9 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002^f13,

(n)

under regulation 22 of the Merchant Shipping (Hours of Work) Regulations 2002^f14,

(o)

under regulation 15 of the Flexible Working (Procedural Requirements) Regulations 2002^f15,

(p)

under regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003^f16,

(q)

under regulation 18 of the Civil Aviation (Working Time) Regulations 2004^f17,

(r)

under regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004^f18,

(s)

under regulation 29 or 33 of the Information and Consultation of Employees Regulations 2004^f19,

(t)

under paragraphs 4 or 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006^f20,

(u)

under regulation 30 or 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006^f21,

(v)

under regulation 45 or 51 of the Companies (Cross-Border Mergers) Regulations 2007^f22,

(w)

under regulation 17 of the Cross-border Railway Services (Working Time) Regulations 2008^f23,

(x)

under regulation 9 of Ecclesiastical Offices (Terms of Service) Regulations 2009^f24,

(y)

under regulation 28 or 32 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009^f25,

(z)

under regulation 18 of the Agency Workers Regulations 2010^f26,

(z1)

under regulation 17 of the Employee Study and Training (Procedural Requirements) Regulations 2010^f27, or

(z2)

under regulation 5, 6 or 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010^f28.”.

The amendments in the Schedule to this Order have effect.

In section 189(5A)^f1 of the Trade Union and Labour Relations (Consolidation) Act 1992 after “section 188” insert “or 188A”.

The Employment Rights Act 1996 is amended as follows.

In section 11(6)^f1 for “Where the reference concerns compliance with section 8, section” substitute “Section”.

In section 203(2)(f)^f1—

In section 49(3)(a) of the National Minimum Wage Act 1998 for “section 18(1)(dd)” substitute “section 18(1)(c)”.

In section 14(b) of the Employment Relations Act 1999 for “section 18(1)(d)” substitute “section 18(1)(b)”.

The Safety Representatives and Safety Committees Regulations 1977 are amended as follows.

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).”.

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)^f1 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.”.

The Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 is amended as follows.

In articles 7 and 8^f1 for “article 8A” substitute “articles 8A and 8B”.

After article 8A^f1 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.”.

The Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994 is amended as follows.

In articles 7 and 8^f1 for “article 8A” substitute “articles 8A and 8B”.

After article 8A^f1 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.”.

Schedule 2 to the Health and Safety (Consultation with Employees) Regulations 1996 is amended as follows.

In paragraph 3 for “An employment tribunal” substitute “Subject to paragraph 3A an employment tribunal”.

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.”.

In regulation 35 of the Working Time Regulations 1998, in paragraph (2)(b), for “section 18(1)(ff)” substitute “section 18(1)(j)”.

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)”.

The Merchant Shipping (Hours of Work) Regulations 2002 are amended as follows.

In regulation 3A, in paragraph (c)(iii), for “section 18(1)(y)” substitute “section 18(1)(n)”.

In regulation 22^f1 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).”.

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.”.

In regulation 23^f1, in paragraph (2)(b), for “section 18(1)(y)” substitute “section 18(1)(n)”.

The Flexible Working (Procedural Requirements) Regulations 2002 are amended as follows.

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).”.

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.”.

In the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003—

The Civil Aviation (Working Time) Regulations 2004 are amended as follows.

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).”.

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.”.

In the Fishing Vessels (Working Time: Sea-fisherman) Regulations 2004—

In the European Cooperative Society (Involvement of Employees) Regulations 2006—

The Ecclesiastical Offices (Terms of Service) Regulations 2009 are amended as follows.

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).”.

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.”.

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)”.

The Employee Study and Training (Procedural Requirements) Regulations 2010 are amended as follows.

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).”.

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.”.

(This note is not part of the Order)