Employment Relations Act 2004 (c. 24)

PART 3 continued

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(3) In paragraph (c) of subsection (2) “the appropriate officer” means—

(a) in the case of a person who has been summoned under the Juries Act 1974, the officer designated for the purposes of section 8, 9 or, as the case may be, 9A of that Act;

(b) in the case of a person who has been summoned under the Coroners Act 1988, a person who is the appropriate officer for the purposes of any rules made under subsection (1) of section 32 of that Act by virtue of subsection (2) of that section;

(i) the clerk of court issuing the citation to attend for jury service; or

(ii) the clerk of the court before which the person is cited to attend for jury service;

(d) in the case of a person who has been summoned under the Criminal Procedure (Scotland) Act 1995, either—

(i) the clerk of court issuing the citation to attend for jury service; or

(ii) the clerk of the court before which the person has been cited to attend for jury service;

and references in that paragraph to a refusal or failure to apply include references to a refusal or failure to give a notice under section 1(2)(b) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980.”

(4) In section 105 of that Act (redundancy), for subsection (1)(c) substitute—

“(c) it is shown that any of subsections (2A) to (7F) applies.”

(5) In that section, before subsection (3) insert—

“(2A) 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 subsection (1) of section 98B (unless the case is one to which subsection (2) of that section applies).”

(6) In section 108(3) of that Act (exceptions to one year qualifying period of continuous employment for claims of unfair dismissal), before paragraph (b) insert—

“(aa) subsection (1) of section 98B (read with subsection (2) of that section) applies,”.

(7) In section 109(2) of that Act (exceptions to upper age limit for claims of unfair dismissal), before paragraph (b) insert—

“(aa) subsection (1) of section 98B (read with subsection (2) of that section) applies,”.

(8) In section 237(1A)(a) of the 1992 Act (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)—

(a) after “section” insert “98B,”; and

(b) after “(dismissal in” insert “jury service,”.

(9) In section 238(2A)(a) of the 1992 Act (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section)—

(a) after “section” insert “98B,”; and

(b) after “(dismissal in” insert “jury service,”.

41 Flexible working

(1) In section 237(1A)(a) of the 1992 Act (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)—

(a) for “or 103A” substitute “, 103A or 104C”; and

(b) for “and protected disclosure” substitute “, protected disclosure and flexible working”.

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

(a) for “or 103” substitute “, 103 or 104C”; and

(b) for “and employee representative” substitute “, employee representative and flexible working”.

(3) In section 48(1) of the Employment Rights Act 1996 (c. 18) (complaints to employment tribunals), for “47D” substitute “47E”.

(4) After subsection (7B) of section 105 of that Act (redundancy) insert—

“(7BA) 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 104C.”

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

“(gi) section 104C applies,”.

(6) In section 109(2) of that Act (exceptions to upper age limit for claims for unfair dismissal), after paragraph (gh) insert—

“(gi) section 104C applies,”.

(7) In sections 194(2) and 195(2) of that Act (provisions of the Act which have effect in relation to employment as a member of the staff of the House of Lords or the House of Commons), in paragraph (c) for “and 47D” substitute “, 47D and 47E”.

(8) In section 199(2) of that Act (provisions of the Act not applicable to share fishermen) for “47D” substitute “47E”.

42 Information and consultation: Great Britain

(1) The Secretary of State may make regulations for the purpose of conferring on employees of an employer to whom the regulations apply, or on representatives of those employees, rights—

(a) to be informed by the employer about prescribed matters;

(b) to be consulted by the employer about prescribed matters.

(2) Regulations made under subsection (1) must make provision as to the employers to whom the regulations apply which may include provision—

(a) applying the regulations by reference to factors including the number of employees in the United Kingdom in the employer’s undertaking;

(b) as to the method by which the number of employees in an employer’s undertaking is to be calculated; and

(3) Regulations made under subsection (1) may make provision—

(a) as to the circumstances in which the rights mentioned in subsection (1) arise and the extent of those rights;

(b) for and about the initiation and conduct of negotiations between employers to whom the regulations apply and their employees for the purposes of reaching an agreement satisfying prescribed conditions about the provision of information to the employees, and consultation of them (whether that provision or consultation is to be direct or through representatives);

(c) about the representatives the employees may have for the purposes of the regulations and the method by which those representatives are to be selected;

(d) as to the resolution of disputes and the enforcement of obligations imposed by the regulations or by an agreement of the kind mentioned in paragraph (b).

(4) Regulations made under subsection (1) may—

(a) confer jurisdiction (including exclusive jurisdiction) on employment tribunals and on the Employment Appeal Tribunal;

(b) confer functions on the Central Arbitration Committee;

(d) amend, apply with or without modifications, or make provision similar to any provision of the Employment Rights Act 1996 (c. 18) (including, in particular, Parts 5, 10 and 13), the Employment Tribunals Act 1996 (c. 17) or the 1992 Act;

(e) include supplemental, incidental, consequential and transitional provision, including provision amending any enactment;

(f) make different provision for different cases or circumstances.

(5) Regulations made under subsection (1) may make any provision which appears to the Secretary of State to be necessary or expedient—

(a) for the purpose of implementing Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community;

(b) for the purpose of dealing with any matter arising out of or related to the United Kingdom’s obligations under that Directive.

(6) Nothing in subsections (2) to (5) prejudices the generality of this section.

(7) Regulations under this section shall be made by statutory instrument.

(8) No such regulations may be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.

(9) In this section “prescribed” means prescribed by regulations under this section.

43 Information and consultation: Northern Ireland

(1) The Department for Employment and Learning may make regulations for the purpose of conferring on employees of an employer to whom the regulations apply, or on representatives of those employees, rights—