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Schedules

Schedule 12Increase in time limits for making claims

Section 152

Safety Representatives and Safety Committees Regulations 1977

1 (1)

In regulation 11 of the Safety Representatives and Safety Committees Regulations 1977 (S.I. 1977/500) (time off for safety representatives), in paragraph (2), for “three”, in both places it occurs, substitute “six”.

(2)

In regulation 12 of those Regulations—

(a)

in paragraph (2), for “three” substitute “six”;

(b)

in paragraph (3), for “three” substitute “six”;

(c)

in paragraph (4), for “three” substitute “six”.

Trade Union and Labour Relations (Consolidation) Act 1992

2 (1)

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

(2)

In section 66 (unjustifiable discipline by union), in subsection (2)(a), for “three” substitute “six”.

(3)

In section 68A (unauthorised deduction of union subscriptions), in subsection (1)(a), for “three” substitute “six”.

(4)

In section 70C (collective bargaining: obligations relating to training), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(5)

In section 87 (unlawful deduction of contributions to political fund), in subsection (2)(a), for “three” substitute “six”.

(6)

In section 139 (refusal of employment on grounds related to union membership), in subsection (1)(a), for “three” substitute “six”.

(7)

In section 145C (inducements), in subsection (1)(a), for “three” substitute “six”.

(8)

In section 147 (detriment for trade union activities), in subsection (1)(a), for “three” substitute “six”.

(9)

In section 171 (time off for trade union activities), in subsection (1)(a), for “three” substitute “six”.

(10)

In section 189 (consultation in collective redundancy), in subsection (5)—

(a)

in paragraph (b), for “three” substitute “six”;

(b)

in paragraph (c), for “three” substitute “six”.

(11)

In section 192 (remuneration under protective award), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(12)

In paragraph 157 of Schedule A1 (detriment in relation to trade union recognition), in sub-paragraph (1)(a), for “3” substitute “6”.

Pension Schemes Act 1993

3

In section 126 of the Pension Schemes Act 1993 (unpaid pension contributions), in subsection (2), for “three” substitute “six”.

Employment Rights Act 1996

4 (1)

The Employment Rights Act 1996 is amended as follows.

(2)

In section 11 (written statements), in subsection (4)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(3)

In section 23 (protection of wages)—

(a)

in subsection (2), for “three” substitute “six”;

(b)

in subsection (4), for “three” substitute “six”.

(4)

In section 27N (information relating to tips etc)—

(a)

in subsection (2), for “three” substitute “six”;

(b)

in subsection (3), for “three” substitute “six”.

(5)

In section 34 (guarantee payments), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(6)

In section 48 (detriment in employment), in subsection (3)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(7)

In section 51 (time off for public duties), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(8)

In section 54 (time off following redundancy), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(9)

In section 57 (time off for ante-natal care), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(10)

In section 57ZC (time off for ante-natal care: agency workers), in subsection (3)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(11)

In section 57ZF (time off to accompany to ante-natal appointment), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(12)

In section 57ZH (time off to accompany to ante-natal appointment: agency workers), in subsection (3)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(13)

In section 57ZM (time off to attend adoption appointments), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(14)

In section 57ZQ (time off to attend adoption appointments: agency workers), in subsection (3)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(15)

In section 57B (time off for dependants), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(16)

In section 60 (time off for pension scheme trustees), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(17)

In section 63 (time off for employee representatives), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(18)

In section 63C (time off for study or training), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(19)

In section 63I (requests in relation to study or training), in subsection (5)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(20)

In section 70 (rights following suspension from work)—

(a)

in subsection (2)—

(i)

in paragraph (a), for “three” substitute “six”;

(ii)

in paragraph (b), for “three” substitute “six”;

(b)

in subsection (5)—

(i)

in paragraph (a), for “three” substitute “six”;

(ii)

in paragraph (b), for “three” substitute “six”.

(21)

In section 70A (rights of agency worker where supply is ended on maternity grounds)—

(a)

in subsection (2)—

(i)

in paragraph (a), for “three” substitute “six”;

(ii)

in paragraph (b), for “three” substitute “six”;

(b)

in subsection (5)—

(i)

in paragraph (a), for “three” substitute “six”;

(ii)

in paragraph (b), for “three” substitute “six”.

(22)

In section 80 (parental leave), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(23)

In section 80H (right to request flexible working), in subsection (5)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(24)

In section 80N (carer’s leave), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(25)

In section 111 (unfair dismissal), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(26)

In section 188 (rights on insolvency of employer), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

Health and Safety (Consultation with Employees) Regulations 1996

5 (1)

In paragraph 3 of Schedule 2 to the Health and Safety (Consultation with Employees) Regulations 1996 (S.I. 1996/1513) (time off for representatives of employee safety etc), for “three”, in both places it occurs, substitute “six”.

(2)

In paragraph 3A of that Schedule—

(a)

in sub-paragraph (2), for “three” substitute “six”;

(b)

in sub-paragraph (3), for “three” substitute “six”;

(c)

in sub-paragraph (4), for “three” substitute “six”.

Working Time Regulations 1998

6

In regulation 30 of the Working Time Regulations 1998 (S.I. 1998/1833) (rights as to working time), in paragraph (2)—

(a)

in sub-paragraph (a), for the words from “three months” to “six months)” substitute “six months”;

(b)

in sub-paragraph (b), omit “three or, as the case may be,”.

National Minimum Wage Act 1998

7

In section 11 of the National Minimum Wage Act 1998 (access to records)—

(a)

in subsection (3), for “three” substitute “six”;

(b)

in subsection (4), for “three” substitute “six”.

Employment Relations Act 1999

8

In section 11 of the Employment Relations Act 1999 (right to be accompanied), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

Transnational Information and Consultation of Employees Regulations 1999

9 (1)

In regulation 27 of the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323) (time off for members of a European Works Council etc)—

(a)

in the heading, for “tribunals” substitute “employment tribunals in Great Britain”;

(b)

in paragraph (1), for the words from “complaint,” to “, that” substitute “complaint to an employment tribunal in Great Britain that”;

(c)

in paragraph (2)—

(i)

in sub-paragraph (a), for “three” substitute “six”;

(ii)

in sub-paragraph (b), for “three” substitute “six”;

(d)

omit paragraph (2B).

(2)

In the heading of regulation 27A of those Regulations (extension of time limit to facilitate conciliation before institution of proceedings), at the end insert “in Great Britain”.

(3)

After regulation 27A of those Regulations insert—

“Right to time off: complaints to industrial tribunals in Northern Ireland27AA.

(1)

An employee may present a complaint to an industrial tribunal in Northern Ireland that the employee’s employer–

(a)

has unreasonably refused to permit the employee to take time off as required by regulation 25; or

(b)

has failed to pay the whole or any part of any amount to which the employee is entitled under regulation 26.

(2)

A tribunal shall not consider a complaint under this regulation unless it is presented–

(a)

before the end of the period of three months beginning with the day on which the time off was taken or on which it is alleged the time off should have been permitted; or

(b)

within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(3)

Regulation 27B (extension of time limit to facilitate conciliation before institution of proceedings in Northern Ireland) applies for the purposes of paragraph (2).

(4)

Where a tribunal finds a complaint under this regulation well-founded, the tribunal shall make a declaration to that effect.

(5)

If the complaint is that the employer has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer to pay to the employee an amount equal to the remuneration to which the employee would have been entitled under regulation 26 if the employer had not refused.

(6)

If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which the employee is entitled under regulation 26, the tribunal shall also order the employer to pay to the employee the amount which it finds due to the employee.”

(4)

In regulation 27B of those Regulations (extension of time limit to facilitate conciliation before institution of proceedings in Northern Ireland)—

(a)

in paragraph (2), for “27(2)(a)” substitute “27AA(2)(a)”;

(b)

in paragraph (3), for “27(2)(a)” substitute “27AA(2)(a)”;

(c)

in paragraph (4), for “27(2)(b)” substitute “27AA(2)(b)”.

Merchant Shipping (Working Time: Inland Waterways) Regulations 2003

10

In regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 (S.I. 2003/3049) (merchant shipping: rights as to working time), in paragraph (2)—

(a)

in sub-paragraph (a), for “three” substitute “six”;

(b)

in sub-paragraph (b), for “three” substitute “six”.

Civil Aviation (Working Time) Regulations 2004

11

In regulation 18 of the Civil Aviation (Working Time) Regulations 2004 (S.I. 2004/756) (civil aviation: rights as to working time), in paragraph (2)—

(a)

in sub-paragraph (a), for “three” substitute “six”;

(b)

in sub-paragraph (b), for “three” substitute “six”.

Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004

12

In regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 (S.I. 2004/1713) (fishing vessels: rights to rest and leave), in paragraph (2)—

(a)

in sub-paragraph (a), for “three” substitute “six”;

(b)

in sub-paragraph (b), for “three” substitute “six”.

Transfer of Undertakings (Protection of Employment) Regulations 2006

13 (1)

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) are amended as follows.

(2)

In regulation 12 (notification of employee liability information), in paragraph (2)—

(a)

in sub-paragraph (a), for “three” substitute “six”;

(b)

in sub-paragraph (b), for “three” substitute “six”.

(3)

In regulation 15 (information and consultation requirements), in paragraph (12)—

(a)

in the words before sub-paragraph (a), for “three” substitute “six”;

(b)

in the words after sub-paragraph (b), for “three” substitute “six”.

Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006

14

In the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (S.I. 2006/349) (employment rights and protections in connection with consultation), in paragraph 4(2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

Cross-border Railway Services (Working Time) Regulations 2008

15

In regulation 17 of the Cross-border Railway Services (Working Time) Regulations 2008 (S.I. 2008/1660) (cross-border railway services: rights as to working time), in paragraph (2)—

(a)

in sub-paragraph (a), for “three” substitute “six”;

(b)

in sub-paragraph (b), for “three” substitute “six”.

European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009

16

In regulation 28 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (S.I. 2009/2401) (time off for members of special negotiating body etc), in paragraph (2)—

(a)

in sub-paragraph (a), for “three” substitute “six”;

(b)

in sub-paragraph (b), for “three” substitute “six”.

Agency Workers Regulations 2010

17

In regulation 18 of the Agency Workers Regulations 2010 (S.I. 2010/93) (rights of agency workers), in paragraph (4), for “three” substitute “six”.

Equality Act 2010

18

In section 123 of the Equality Act 2010 (discrimination etc at work), in subsection (1)(a), for “3” substitute “6”.

Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

19

In regulation 26 of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58) (rights of seafarers to leave), in paragraph (6), for “three” substitute “six”.