Statutory Instruments
2007 No. 30
EMPLOYMENT TRIBUNALS
TERMS AND CONDITIONS OF EMPLOYMENT
The Employment Act 2002 (Amendment of Schedules 3, 4 and 5) Order 2007
Made
9th January 2007
Coming into force
6th April 2007
Whereas a draft of this Order was laid before Parliament in accordance with section 51(3) of the Employment Act 2002( 1 ) and approved by a resolution of each House of Parliament:
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 31(7), 32(8), 38(8) and 51(1)(a) and (b) of that Act, makes the following Order:
Citation and Commencement
1. This Order may be cited as the Employment Act 2002 (Amendment of Schedules 3, 4 and 5) Order 2007 and shall come into force on 6 th April 2007.
Amendment of Schedules 3, 4 and 5
2. In each of Schedules 3, 4 and 5( 2 ) to the Employment Act 2002 (tribunal jurisdictions to which sections 31, 32 and 38 apply), after the entry relating to regulation 28 of the Employment Equality (Religion or Belief) Regulations 2003 there is inserted —
“ Regulation 45 of the European Public Limited-Liability Company Regulations 2004 ( S.I. 2004/2326 ) (detriment in employment)
Regulation 33 of the Information and Consultation of Employees Regulations 2004 ( S.I. 2004/3426 ) (detriment in employment)
Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 ( S.I. 2006/349 ) (detriment in employment) ” .
Transitional Provisions
3. This Order shall apply —
(a) in relation to dismissal and disciplinary action, where the employer first contemplates dismissing or taking disciplinary action against the employee after this Order comes into force; and
(b) in relation to grievances, where the action about which the employee complains occurs or continues after this Order comes into force,
but shall not apply in relation to a grievance where the action continues after this Order comes into force if the employee has raised a grievance about the action with the employer or has presented a complaint to the employment tribunal about the grievance before it came into force.
Jim Fitzpatrick
Parliamentary Under Secretary of State Employment Relations and Postal Services, Minister for London
Department of Trade and Industry
9th January 2007
Schedules 3, 4 and 5 to the 2002 Act have each been amended by the Employment Relations Act 2004 (c.24) , section 57(1), Schedule 1, paragraph 43, by S.I. 2003/1673 , regulation 31(3), by S.I. 2003/1661 , regulation 39, Schedule 5, paragraph 4, by S.I. 2003/1660 , regulation 39(2), Schedule 5, paragraph 4, by S.I. 2006/1031 , regulation 49(1), Schedule 8, Part 1, paragraph 36(1) and by S.I. 2006/2059 , regulation 34(4), and have each been partially repealed by the Tax Credits Act 2002 (c.21) , section 60, Schedule 6.