2000 No. 875 (C. 20)

TERMS AND CONDITIONS OF EMPLOYMENT

The Employment Relations Act 1999 (Commencement No. 5 and Transitional Provision) Order 2000

Made

The Secretary of State, in exercise of the powers conferred on him by section 45 of the Employment Relations Act 19991, hereby makes the following Order:

Citation and Interpretation1

1

This Order may be cited as the Employment Relations Act 1999 (Commencement No. 5 and Transitional Provision) Order 2000.

2

In this Order, “the Act” means the Employment Relations Act 1999.

Commencement2

Section 16 of and Schedule 5 to the Act (unfair dismissal of striking workers) shall come into force on 24th April 2000.

Transitional provision3

The amendments to the Trade Union and Labour Relations (Consolidation) Act 19922 and the Employment Rights Act 19963 made by Schedule 5 to the Act shall have effect in relation to protected industrial action taken by an employee only where the employee starts to take the action on or after 24th April 2000.

Alan JohnsonParliamentary Under Secretary of State for Competitiveness,Department of Trade and Industry

(This note is not part of the Order)

This Order brings into force, on 24th April 2000, section 16 of and Schedule 5 to the Employment Relations Act 1999. These provisions amend Part V of the Trade Union and Labour Relations (Consolidation) Act 1992, to provide that an employee is regarded as unfairly dismissed for the purposes of Part X of the Employment Rights Act 1996 if dismissed, in certain circumstances, because he or she took part in official industrial action. The provisions also make consequential amendments to section 105 of the Employment Rights Act 1996 (unfair selection for redundancy). Article 3 of the Order provides that the changes apply only to the dismissal of employees who start to take industrial action beginning on or after 24th April 2000.

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement order made before the date of this Order:

Provisions

Date of Commencement

S.I.No.

Sections 2 and 3

25.10.1999

1999/2830

Sections 7 to 9

15.12.1999

1999/2830

Subsections (1) to (3) of section 13

25.10.1999

1999/2830

Subsections (1) to (5) of section 18

25.10.1999

1999/2830

Section 18(6)

30.9.1999

1999/2509

Sections 19 to 23

25.10.1999

1999/2830

Section 24

22.2.2000

2000/420

Sections 26 to 33

25.10.1999

1999/2830

Section 34(1), (2), (3), (5) and (6)

17.12.1999

1999/3374

Section 34(4)

25.10.1999

1999/2830

Sections 35 and 36(1) (partially)

25.10.1999

1999/2830

Section 36 (to the extent that it was not brought into force on 25.10.1999)

17.12.1999

1999/3374

Section 37

25.10.1999

1999/2830

Section 38

9.9.1999

1999/2509

Sections 39 and 40

25.10.1999

1999/2830

Section 42

9.9.1999

1999/2509

Sections 43 and 44 (partially)

25.10.1999

1999/2830

Section 44 (partially)

17.12.1999

1999/3374

Schedule 2

25.10.1999

1999/2830

Schedule 4

15.12.1999

1999/2830

Schedules 6, 7 (partially) and 9 (partially)

25.10.1999

1999/2830

Schedule 9 (partially)

17.12.1999

1999/3374