Employment Act 1989

Section 29(6).

SCHEDULE 9Transitional Provisions and Savings

Sex discrimination

1Nothing in section 3 of this Act shall render unlawful any act done by any person if—

(a)it was done before the commencement of that section, or

(b)it was done before the commencement of section 9(3) of this Act and it was necessary for him to do it in order to comply with section 124(1) of the [1954 c. 70.] Mines and Quarries Act 1954.

Time off for trade union duties

2Section 14 of this Act shall not affect the continued operation of section 27 of the 1978 Act in a case where—

(a)permission to take time off under section 27 of that Act was requested before the commencement of section 14 of this Act; and

(b)the time off in question was to begin not later than the end of the period of six weeks beginning with that commencement.

Redundancy payments: assimilation of age limits

3(1)The amendments made by section 16 of this Act shall not have effect in relation to an employee in whose case the relevant date (as defined in sub-paragraph (2)) falls before the commencement of that section.

(2)In sub-paragraph (1) “the relevant date” means the date which for the purposes of section 81(4) of the 1978 Act is the relevant date in the case of the employee by virtue of any provision of section 90 of that Act.

Redundancy rebates

4(1)Nothing in this Act shall affect the continued operation of any provision of the 1978 Act for the purposes of, or in connection with, the payment of a redundancy rebate under section 104 of that Act in a case where—

(a)a claim for the rebate has been made in accordance with regulations under section 104(5) before the commencement of section 17 of this Act, or

(b)notwithstanding that such a claim has not been so made, the rebate is in respect of any payment falling within section 104(1)(a) or (b) in relation to which the relevant date (as defined in sub-paragraph (2)) falls before the commencement of section 17.

(2)In sub-paragraph (1)(b) “the relevant date”—

(a)in the case of a payment falling within section 104(1)(a), means the date which for the purposes of section 81(4) of the 1978 Act is the relevant date in relation to that payment by virtue of any provision of section 90 of that Act, and

(b)in the case of a payment falling within section 104(1)(b), means the date on which the termination of the employee’s contract of employment is treated as having taken effect for the purposes of the agreement referred to in that provision.

Insolvency payments

5The amendments made by section 19 of this Act shall not have effect in relation to any payment made in pursuance of section 122 or 123 of the 1978 Act in a case where the employer became insolvent before the commencement of section 19 of this Act.

Appointments to industrial training boards

6(1)The amendments by this Act of paragraphs 3 and 6 of Schedule 1 to the Industrial Training Act 1982 shall not apply to an industrial training board during any period during which any member of the board appointed before the passing of this Act remains in office by virtue of that appointment.

(2)Sub-paragraph (1) above shall not be taken as precluding the Secretary of State during any such period from making appointments to the board in accordance with that Schedule as amended by this Act where they are to take effect at any time after the end of that period.