Schedules

Schedule 1Employee study and training: minor and consequential amendments

Section 40

Employment Rights Act 1996 (c. 18)

I11

The Employment Rights Act 1996 is amended as follows.

I22

In section 48 (right to present complaint of detriment to employment tribunal), in subsection (1) for “or 47E” substitute “ , 47E or 47F ”.

I33

In section 105 (unfair dismissal: redundancy), after subsection (7BA) insert—

7BB

This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104E.

I44

In section 108(3) (exceptions to one year qualifying period of continuous employment for claims for unfair dismissal), after paragraph (gj) insert—

gk

section 104E applies,

I55

In section 194 (House of Lords staff), in subsection (2)(e) before “VII” insert “ 6A, ”.

I66

In section 195 (House of Commons staff), in subsection (2)(e) before “VII” insert “ 6A, ”.

I77

In section 199 (mariners)—

a

in subsection (2), after “47E,” insert “ 47F, ”;

b

in that subsection, before “VII” insert “ 6A, ”;

c

in subsection (8)(d), before “VII” insert “ 6A, ”.

I88

In section 225 (how to calculate a week's pay in relation to rights during employment) after subsection (4A) insert—

4B

Where the calculation is for the purposes of section 63J, the calculation date is the day on which the section 63D application was made.

I99

In section 227(1) (maximum amount of week's pay) before paragraph (za) insert—

zza

an award of compensation under section 63J(1)(b),

I1010

In section 235(1) (other definitions) at the appropriate place insert—

“section 63D application” has the meaning given by section 63D(2);

I1111

In section 236(3) (orders and regulations subject to affirmative Parliamentary procedure), after “47C,” insert “ 63D, 63F(7), ”.

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

I1212

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

I1313

In section 212A (arbitration scheme for unfair dismissal cases etc.), in subsection (1)—

a

before paragraph (za) insert—

zza

section 63F(4), (5) or (6) or 63I(1)(b) of the Employment Rights Act 1996 (study and training);

b

in paragraph (za) for “the Employment Rights Act 1996” substitute “ that Act ”.

I1414

In section 237(1A)(a) (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)—

a

for “or 104D” substitute “ , 104D or 104E ”;

b

for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”.

I1515

In section 238(2A)(a) (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section)—

a

for “or 104D” substitute “ , 104D or 104E ”;

b

for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”.

Employment Tribunals Act 1996 (c. 17)

I1616

In section 18 of the Employment Tribunals Act 1996 (conciliation), in subsection (1)(d) after “28,” insert “ 63F(4), (5) or (6), 63I(1)(b), ”.