Search Legislation

Employment Rights (Dispute Resolution) Act 1998

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Employment Rights (Dispute Resolution) Act 1998, SCHEDULE 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 15.

SCHEDULE 1U.K. Minor and consequential amendments

Extent Information

E1For the extent of Sch. 1, see s. 16(1)(3)

The Courts Act 1971 (c.23)E+W+S

1E+W+SIn Part IA of Schedule 2 to the Courts Act 1971 (which specifies the office-holders who are eligible for appointment as a circuit judge), for the entry beginning “President of Industrial Tribunals” substitute—

President of the Employment Tribunals (England and Wales) or member of a panel of chairmen established by regulations under section 1(1) of the M1Employment Tribunals Act 1996 for employment tribunals for England and Wales.

Marginal Citations

The Sex Discrimination Act 1975 (c.65)E+W+S

F12E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 1 para. 2 repealed (1.10.2010) by 2010 c. 15, Sch. 27 Pt. 1 (as substituted by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

The Race Relations Act 1976 (c.74)E+W+S

F23E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Sch. 1 para. 3 repealed (1.10.2010) by 2010 c. 15, Sch. 27 Pt. 1 (as substituted by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

The Judicial Pensions Act 1981 (c.20)U.K.

4U.K.In column 1 of the Table in section 16 of the Judicial Pensions Act 1981 (which provides a list of judicial offices for the purposes of provisions about lump sums, widows’ pensions etc.), for the entry beginning “President of Industrial Tribunals” substitute— “ Any office pensionable under section 12 of this Act ”.

5U.K.In section 17(4) of that Act (which makes special provision about lump sums for certain offices), for “the office of President of Industrial Tribunals, or any other” substitute “ any ”.

The Courts and Legal Services Act 1990 (c.41)E+W+S

6E+W+SIn Schedule 11 to the Courts and Legal Services Act 1990 (which specifies judges who are barred from legal practice), for the entry beginning “President of Industrial Tribunals” substitute— “ President of the Employment Tribunals (England and Wales) or member of a panel of chairmen established by regulations under section 1(1) of the M2Employment Tribunals Act 1996 for employment tribunals for England and Wales ”.

Marginal Citations

The Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)E+W+S

7E+W+SAfter section 212A of the Trade Union and Labour Relations (Consolidation) Act 1992 (which is inserted by section 7 of this Act) insert—

212B Dismissal procedures agreements.

ACAS may, in accordance with any dismissal procedures agreement (within the meaning of the M3Employment Rights Act 1996), refer any matter to the arbitration of a person appointed by ACAS for the purpose (not being an officer or employee of ACAS).

Marginal Citations

8E+W+SIn section 273(2) of that Act (which specifies the provisions which do not apply to persons in Crown employment), for “section 87(3) (power of court” substitute “ section 87(4)(b) (power of tribunal ”.

9(1)Section 288 of that Act (which restricts contracting out of the provisions of the Act) is amended as follows.E+W+S

(2)In subsection (2B)(b) (which provides that a compromise agreement must relate to the particular complaint), for “complaint” substitute “ proceedings ”.

(3)For subsections (4) and (5) substitute—

(4)A person is a relevant independent adviser for the purposes of subsection (2B)(c)—

(a)if he is a qualified lawyer,

(b)if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union,

(c)if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or

(d)if he is a person of a description specified in an order made by the Secretary of State.

(4A)But a person is not a relevant independent adviser for the purposes of subsection (2B)(c) in relation to the complainant—

(a)if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party,

(b)in the case of a person within subsection (4)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party,

(c)in the case of a person within subsection (4)(c), if the complainant makes a payment for the advice received from him, or

(d)in the case of a person of a description specified in an order under subsection (4)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.

(4B)In subsection (4)(a) “qualified lawyer” means—

(a)as respects England and Wales, a barrister (whether in practice as such or employed to give legal advice), a solicitor who holds a practising certificate, or a person other than a barrister or solicitor who is an authorised advocate or authorised litigator (within the meaning of the M4Courts and Legal Services Act 1990), and

(b)as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.

(4C)An order under subsection (4)(d) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)For the purposes of subsection (4A) any two persons are to be treated as connected—

(a)if one is a company of which the other (directly or indirectly) has control, or

(b)if both are companies of which a third person (directly or indirectly) has control.

Marginal Citations

10E+W+SIn section 301(1) of that Act (which provides that that Act extends to England and Wales and Scotland), after “Wales and” insert “ (apart from section 212A(6)) to ”.

The Disability Discrimination Act 1995 (c.50)E+W+S

F311E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 1 para. 11 repealed (1.10.2010) by 2010 c. 15, Sch. 27 Pt. 1 (as substituted by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

The Employment Tribunals Act 1996 (c.17)E+W+S

12(1)Section 4 of the Employment Tribunals Act 1996 (which makes provision about the composition of an employment tribunal) is amended as follows.E+W+S

(2)In subsection (1) (which provides that, subject to the following provisions of that section, tribunal proceedings are to be heard by the chairman and other members), after “Subject to the following provisions of this section” insert “ and to section 7(3A) ”.

(3)In subsection (3)(a) (which specifies the tribunal proceedings under the Trade Union and Labour Relations (Consolidation) Act 1992 which are to be heard by the chairman alone unless he decides otherwise), after “68A” (which is inserted by section 3 of this Act) insert “ , 87 ”.

(4)In subsection (6) (which makes provision for employment tribunal procedure regulations to provide that any act required or authorised by the regulations to be done by a tribunal may be done by the chairman alone), for the words from “, in such circumstances” to “tribunal may” substitute “ any act which is required or authorised by the regulations to be done by an employment tribunal and is of a description specified by the regulations for the purposes of this subsection may ”.

13E+W+SIn section 5(1) of that Act (which provides for the payment of remuneration to the Presidents of the Employment Tribunals and to full-time chairmen of employment tribunals), at the end insert and

(d)any person who is a legal officer appointed in accordance with such regulations,.

14(1)Section 7 of that Act (which authorises the making of employment tribunal procedure regulations) is amended as follows.E+W+S

(2)Omitsubsection (3)(f)(i) (which authorises the making of regulations about the persons entitled to appear and be heard on behalf of parties in tribunal proceedings).

(3)In subsection (4) (which provides that it is an offence to fail to comply with certain requirements imposed by an employment tribunal by virtue of regulations), after paragraph (b) insert , or

(c)any requirement imposed by virtue of employment tribunal procedure regulations to give written answers for the purpose of facilitating the determination of proceedings as mentioned in subsection (3A), (3B) or (3C),.

15E+W+SIn section 9(4) of that Act (which enables employment tribunal procedure regulations to provide that issues relating to the entitlement to bring or contest proceedings may be heard and determined in advance), for the words “any issue” onwards substitute “ separately any preliminary issue of a description prescribed by the regulations which is raised by any case. ”

16E+W+SIn section 18(1)(b) of that Act (which specifies the provisions of the M5Trade Union and Labour Relations (Consolidation) Act 1992 in relation to which the provisions about conciliation apply), after “68” insert “ , 86 ”.

Marginal Citations

17(1)Section 21 of that Act (jurisdiction of the Employment Appeal Tribunal) is amended as follows.E+W+S

(2)In subsection (1) (which specifies the decisions from which an appeal lies to the Employment Appeal Tribunal), at the end insert or

(g)this Act.

(3)After subsection (3) insert—

(4)The Appeal Tribunal also has any jurisdiction in respect of matters other than appeals which is conferred on it by or under—

(a)the Trade Union and Labour Relations (Consolidation) Act 1992,

(b)this Act, or

(c)any other Act.

Commencement Information

I1Sch. 1 para. 17 wholly in force; Sch. 1 para. 17(2) in force at Royal Assent, see s. 17(1); Sch. 1 para. 17 in force insofar as not already in force at 1.8.1998 by S.I. 1998/1658, art. 2(1), Sch. 1 (with art. 3)

The Employment Rights Act 1996 (c.18)E+W+S

18E+W+SIn section 23 of the Employment Rights Act 1996 (which makes provision for complaints to an employment tribunal in respect of unlawful deductions from wages etc.), at the end insert—

(5)No complaint shall be presented under this section in respect of any deduction made in contravention of section 86 of the M6Trade Union and Labour Relations (Consolidation) Act 1992 (deduction of political fund contribution where certificate of exemption or objection has been given).

Marginal Citations

F419E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F420E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F421E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22E+W+SIn section 122 of that Act (which makes provision for the reduction of the amount of a basic award of compensation for unfair dismissal), after subsection (3) insert—

(3A)Where the complainant has been awarded any amount in respect of the dismissal under a designated dismissal procedures agreement, the tribunal shall reduce or further reduce the amount of the basic award to such extent as it considers just and equitable having regard to that award.

F523E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 1 para. 23 repealed (1.11.2004) by Employment Act 2002 (c. 22), s. 55(2), Sch. 8(1); S.I. 2004/2822, art. 2(b)

24(1)Section 203 of that Act (which restricts contracting out of the provisions of the Act) is amended as follows.E+W+S

(2)In subsection (3)(b) (which provides that a compromise agreement must relate to the particular complaint), for “complaint” substitute “ proceedings ”.

(3)For subsection (4) substitute—

(3A)A person is a relevant independent adviser for the purposes of subsection (3)(c)—

(a)if he is a qualified lawyer,

(b)if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union,

(c)if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or

(d)if he is a person of a description specified in an order made by the Secretary of State.

(3B)But a person is not a relevant independent adviser for the purposes of subsection (3)(c) in relation to the employee or worker—

(a)if he is, is employed by or is acting in the matter for the employer or an associated employer,

(b)in the case of a person within subsection (3A)(b) or (c), if the trade union or advice centre is the employer or an associated employer,

(c)in the case of a person within subsection (3A)(c), if the employee or worker makes a payment for the advice received from him, or

(d)in the case of a person of a description specified in an order under subsection (3A)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.

(4)In subsection (3A)(a) “qualified lawyer” means—

(a)as respects England and Wales, a barrister (whether in practice as such or employed to give legal advice), a solicitor who holds a practising certificate, or a person other than a barrister or solicitor who is an authorised advocate or authorised litigator (within the meaning of the M7Courts and Legal Services Act 1990), and

(b)as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.

Marginal Citations

25(1)Section 219 of that Act (which enables the making of regulations for preserving continuity of employment etc. in the case of a person who is dismissed and then reinstated or re-engaged in consequence of action to which subsection (2) of the section applies) is amended as follows.E+W+S

(2)In subsection (1)—

(a) omit “, in consequence of action to which subsection (2) applies,”,

(b)for “or re-engaged” substitute “ , re-engaged or otherwise re-employed ”, and

(c)at the end inssert “ in any circumstances prescribed by the regulations. ”

(3)Omit subsections (2) to (4).

F626E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 1 para. 26 repealed (1.11.2004) by Employment Act 2002 (c. 22), s. 55(2), Sch. 8(1); S.I. 2004/2822, art. 2(b)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources