Statutory Instruments
2013 No. 763
Terms And Conditions Of Employment
The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013
Made
27th March 2013
Coming into force
6th April 2013
The Secretary of State makes this Order in exercise of the powers conferred by sections 197(1)(a) and 286(2) of the Trade Union and Labour Relations (Consolidation) Act 1992( 1 ).
In accordance with sections 197(2) and 286(4) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement
1. This Order may be cited as the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 and comes into force on 6th April 2013.
Application
2. —(1) The amendments made by paragraphs (2) and (3) of article 3 below apply to proposals to dismiss as redundant 100 or more employees at one establishment within a period of 90 days or less which are made on or after 6th April 2013.
(2) The amendment made by paragraph (4) of article 3 below applies to proposals to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less which are made on or after 6th April 2013.
Amendments to the Trade Union and Labour Relations (Consolidation) Act 1992
3. —(1)The Trade Union and Labour Relations (Consolidation) Act 1992( 2 ) is amended as follows.
(2) In section 188 (length of period between beginning of consultation and the first dismissal taking effect), in paragraph (a) of subsection (1A), for “90 days” substitute “45 days”.
(3) In section 193 (length of period between notifying the Secretary of State and the first dismissal taking effect), in paragraph (b) of subsection (1), for “90 days” substitute “45 days”.
(4) For section 282 (short term employment), substitute—
“ Fixed term employment
282. —(1) In this section, “fixed term contract” means a contract of employment that, under its provisions determining how it will terminate in the normal course, will terminate—
(a) on the expiry of a specific term,
(b) on the completion of a particular task, or
(c) on the occurrence or non-occurrence of any other specific event other than the attainment by the employee of any normal and bona fide retiring age in the establishment for an employee holding the position held by him.
(2) The provisions of Chapter II of Part IV (procedure for handling redundancies) do not apply to employment under a fixed term contract unless—
(a) the employer is proposing to dismiss the employee as redundant; and
(b) the dismissal will take effect before the expiry of the specific term, the completion of the particular task or the occurrence or non-occurrence of the specific event (as the case may be). ” .
Jo Swinson
Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs
Department for Business, Innovation and Skills
27th March 2013
1992 c.52 ; section 188(1A) was inserted by S.I. 1995/2587 . Section 193(1) was inserted by S.I. 2006/2387 . Section 282(2) was inserted by section 240 of and paragraph 56 of Schedule 1 to the Employment Rights Act 1996 (c.18)