SCHEDULE 1U.K. Minor and Consequential Amendments

The Employment Protection (Consolidation) Act 1978E+W+S

8In section 15(5) of the 1978 Act, for the words “relevant periods” there shall be substituted the words “ length of the period ”.

9E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

10In section 55(5) of the 1978 Act, after “64(1)(a)” there shall be inserted “ 64A ”.

11In section 56 of the 1978 Act, after the word “then” there shall be inserted the words “ subject to section 56A ”.

12E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

13In section 66 of the 1978 Act (revocation of exclusion orders under section 65)—

(a)subsection (1) shall cease to have effect ; and

(b)in subsection (2) for the words from “on” to “satisfied” there shall be substituted the words “at any time when an order under section 65 is in force in respect of a dismissal proceedures agreement the Secretary of State is satisfied, whether on an application by any of the parties to the agreement or otherwise,”

14E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

15E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

16In section 128(4) of the 1978 Act, after the word “references” there shall be inserted the word “ applications ”.

17In section 133(1) of the 1978 Act, in paragraph (a) after “31” there shall be inserted “ 31A ”, and after paragraph (c) there shall be inserted—

“or

(d)arising out of a contravention, or alleged contravention, of section 4 of the Employment Act 1980.”.

18In section 134 of the 1978 Act, for subsection (3) there shall be substituted—

“(3)Where—

(a)a person claims that action has been taken in respect of which a complaint could be presented by him under section 67, and

(b)before any complaint relating to that action has been so presented, a request is made to the conciliation officer (whether by that person or by the employer) to make his services available to them,

the conciliation officer shall act in accordance with subsections (1) and (2) above as if a complaint had been presented.”

19In section 136(5) of the 1978 Act, after the words “subsection (1)” there shall be inserted the words “ or under section 2, 4 or 5 of the Employment Act 1980 ”.

20In section 140 of the 1978 Act (restrictions on contracting out of the 1978 Act) subsection (2)(b) shall cease to have effect.

21In section 149 of the 1978 Act—

(a)in subsection (1)(c), after “64(1)” there shall be inserted “ 64A(1) ”;

(b)in subsection (2), after “58” there shall be inserted “ 58A ”.

22In section 154 of the 1978 Act (orders, rules and regulations)—

(a)in subsection (1) the words “or an order under section 65 or 66” shall cease to have effect ; and

(b)in subsection (4) for the words from “section 96” to the end there shall be substituted the words “ section 65, 66 and 96 ”.

23In the subsection set out in paragraph 2(1) of Schedule 2 to the 1978 Act, for the words from “the employer can” to the end there shall be substituted the words “ in the circumstances (including the size and administrative resources of the employer’s undertaking) the employer would have been acting reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee if she had not been absent from work ; and that question shall be determined in accordance with equity and the substantial merits of the case ”

24In paragraphs 2(4) and 6(3) of Schedule 2 to the 1978 Act, for “58(3)” there shall be substituted “ 58(3) to (3E), 58A ”

25In paragraph 5 of Schedule 3 to the 1978 Act, for the words “or31” there shall be substituted the words “ 31 or 31A ”.

26In paragraph 1(2)(a) of Schedule 9 to the 1978 Act, after the word “question” there shall be inserted the word “ application ”.

27In paragraph 7 of Schedule 9 to the 1978 Act, for sub-paragraph (2) there shall be substituted—

“(2)Any order for the payment of any sum made by an industrial tribunal in Scotland (or any copy of such an order certified by the Secretary of the Tribunals) may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the Sheriff Court of any Sheriffdom in Scotland.”

28In paragraph 18 of Schedule 11 to the 1978 Act, after sub-paragraph (a) there shall be inserted—

“(aa)with respect to the manner in which an application to the Appeal Tribunal under the Employment Act 1980 may be made;”

and after sub-paragraph (c) there shall be inserted

“(d)for the registration and proof of any award made on an application to the Appeal Tribunal under section 5 of the Employment Act 1980.”.

29After paragraph 21 of Schedule 11 to the 1978 Act there shall be inserted—

“21A(1)Any sum payable in England and Wales in pursuance of an award of the Appeal Tribunal under section 5 of the Employment Act 1980 which has been registered in accordance with the rules shall, if a county court so orders, be recoverable by execution issued from the county court or otherwise as if it were payable under a order of that court.

(2)Any order by the Appeal Tribunal for the payment in Scotland of any sum in pursuance of such an award (or any copy of such an order certified by the Secretary of the Tribunlas) may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the Sheriff Court of ant Sheriffdom in Scotland.”

30E+W+S[F5In paragraph 23(1) of Schedule 11 of the 1978 Act, for the words from “section 14” to “those provisions” there shall be substituted the words “ sections 31 and 32 of the Powers of Criminal Courts Act 1973 (powers of Crown Court in relation to fines and forfeited recognisances) shall have effect as if ”.]

31In paragraph 10 of Schedule 13 to the 1978 Act, for the words “section 47” there shall be substituted the words “ section 45(1) or in pursuance of an offer made in the circumstances described in section 56A(2) ”.

32In paragraph 11 of Schedule 13 to the 1978 Act, after “64(1)(a)” there shall be inserted “ 64A(1) ”.

33In paragraph 7(1) of Schedule 14 to the 1978 Act, after paragraph (c) there shall be inserted—

“(cc)where the calculation is for the purposes of section 31A the day of the appointment concerned ;”.