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Enterprise and Regulatory Reform Act 2013

Type Public General Act
Publication 2013-04-25
State In force
Department Statute Law Database
Source legislation.gov.uk
Reform history JSON API

PART 1 — UK Green Investment Bank

Extension of meaning of “worker”

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Designation of the UK Green Investment Bank

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Equality Act 2010: obtaining information for proceedings

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Financial assistance

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Accounts, reports and payments to directors

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Documents to be laid before Parliament

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PART 2 — Employment

Conciliation

Conciliation before institution of proceedings

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(18A) (1) Before a person (“the prospective claimant”) presents an application to institute relevant proceedings relating to any matter, the prospective claimant must provide to ACAS prescribed information, in the prescribed manner, about that matter. This is subject to subsection (7). (2) On receiving the prescribed information in the prescribed manner, ACAS shall send a copy of it to a conciliation officer. (3) The conciliation officer shall, during the prescribed period, endeavour to promote a settlement between the persons who would be parties to the proceedings. (4) If— (a) during the prescribed period the conciliation officer concludes that a settlement is not possible, or (b) the prescribed period expires without a settlement having been reached, the conciliation officer shall issue a certificate to that effect, in the prescribed manner, to the prospective claimant. (5) The conciliation officer may continue to endeavour to promote a settlement after the expiry of the prescribed period. (6) In subsections (3) to (5) “settlement” means a settlement that avoids proceedings being instituted. (7) A person may institute relevant proceedings without complying with the requirement in subsection (1) in prescribed cases. The cases that may be prescribed include (in particular)— - cases where the requirement is complied with by another person instituting relevant proceedings relating to the same matter; - cases where proceedings that are not relevant proceedings are instituted by means of the same form as proceedings that are; - cases where section 18B applies because ACAS has been contacted by a person against whom relevant proceedings are being instituted. (8) A person who is subject to the requirement in subsection (1) may not present an application to institute relevant proceedings without a certificate under subsection (4). (9) Where a conciliation officer acts under this section in a case where the prospective claimant has ceased to be employed by the employer and the proposed proceedings are proceedings under section 111 of the Employment Rights Act 1996, the conciliation officer may in particular— (a) seek to promote the reinstatement or re-engagement of the prospective claimant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or (b) where the prospective claimant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the prospective claimant. (10) In subsections (1) to (7) “prescribed” means prescribed in employment tribunal procedure regulations. (11) The Secretary of State may by employment tribunal procedure regulations make such further provision as appears to the Secretary of State to be necessary or expedient with respect to the conciliation process provided for by subsections (1) to (8). (12) Employment tribunal procedure regulations may (in particular) make provision— (a) authorising the Secretary of State to prescribe, or prescribe requirements in relation to, any form which is required by such regulations to be used for the purpose of providing information to ACAS under subsection (1) or issuing a certificate under subsection (4); (b) requiring ACAS to give a person any necessary assistance to comply with the requirement in subsection (1); (c) for the extension of the period prescribed for the purposes of subsection (3); (d) treating the requirement in subsection (1) as complied with, for the purposes of any provision extending the time limit for instituting relevant proceedings, by a person who is relieved of that requirement by virtue of subsection (7)(a). (18B) (1) This section applies where— (a) a person contacts ACAS requesting the services of a conciliation officer in relation to a matter that (if not settled) is likely to give rise to relevant proceedings against that person, and (b) ACAS has not received information from the prospective claimant under section 18A(1). (2) This section also applies where— (a) a person contacts ACAS requesting the services of a conciliation officer in relation to a matter that (if not settled) is likely to give rise to relevant proceedings by that person, and (b) the requirement in section 18A(1) would apply to that person but for section 18A(7). (3) Where this section applies a conciliation officer shall endeavour to promote a settlement between the persons who would be parties to the proceedings. (4) If at any time— (a) the conciliation officer concludes that a settlement is not possible, or (b) a conciliation officer comes under the duty in section 18A(3) to promote a settlement between the persons who would be parties to the proceedings, the duty in subsection (3) ceases to apply at that time. (5) In subsections (3) and (4) “settlement” means a settlement that avoids proceedings being instituted. (6) Subsection (9) of section 18A applies for the purposes of this section as it applies for the purposes of that section.

Extension of limitation periods to allow for conciliation

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Schedule 2 (extension of limitation periods to allow for conciliation) has effect.

Extended power to define “relevant proceedings” for conciliation purposes

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(9) An order under subsection (8) that adds employment tribunal proceedings to the list in subsection (1) may amend an enactment so as to extend the time limit for instituting those proceedings in such a way as appears necessary or expedient in order to facilitate the conciliation process provided for by section 18A. (10) An order under subsection (8) that removes employment tribunal proceedings from the list in subsection (1) may— (a) repeal or revoke any provision of an enactment that, for the purpose mentioned in subsection (9), extends the time limit for instituting those proceedings; (b) make further amendments which are consequential on that repeal or revocation.

ACAS

ACAS: prohibition on disclosure of information

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In Part 6 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ACAS etc), after section 251A insert—

(251B) (1) Information held by ACAS shall not be disclosed if the information— (a) relates to a worker, an employer of a worker or a trade union (a “relevant person”), and (b) is held by ACAS in connection with the provision of a service by ACAS or its officers. This is subject to subsection (2). (2) Subsection (1) does not prohibit the disclosure of information if— (a) the disclosure is made for the purpose of enabling or assisting ACAS to carry out any of its functions under this Act, (b) the disclosure is made for the purpose of enabling or assisting an officer of ACAS to carry out the functions of a conciliation officer under any enactment, (c) the disclosure is made for the purpose of enabling or assisting— (i) a person appointed by ACAS under section 210(2), or (ii) an arbitrator or arbiter appointed by ACAS under any enactment, to carry out functions specified in the appointment, (d) the disclosure is made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom), (e) the disclosure is made in order to comply with a court order, (f) the disclosure is made in a manner that ensures that no relevant person to whom the information relates can be identified, or (g) the disclosure is made with the consent of each relevant person to whom the information relates. (3) Subsection (2) does not authorise the making of a disclosure which contravenes the Data Protection Act 1998. (4) A person who discloses information in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (5) Proceedings in England and Wales for an offence under this section may be instituted only with the consent of the Director of Public Prosecutions. (6) For the purposes of this section information held by— (a) a person appointed by ACAS under section 210(2) in connection with functions specified in the appointment, or (b) an arbitrator or arbiter appointed by ACAS under any enactment in connection with functions specified in the appointment, is information that is held by ACAS in connection with the provision of a service by ACAS.

Procedure for deciding tribunal cases

Decisions by legal officers

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(6D) A person appointed as a legal officer in accordance with regulations under section 1(1) may determine proceedings in respect of which an employment tribunal has jurisdiction, or make a decision falling to be made in the course of such proceedings, if— (a) the proceedings are of a description specified in an order under this subsection made by the Secretary of State and the Lord Chancellor acting jointly, and (b) all the parties to the proceedings consent in writing; and any determination or decision made under this subsection shall be treated as made by an employment tribunal.

Composition of Employment Appeal Tribunal

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(2) Proceedings before the Appeal Tribunal are to be heard by a judge alone. This is subject to subsections (3) to (6) and to any provision made by virtue of section 30(2)(f) or (2A). (3) A judge may direct that proceedings are to be heard by a judge and either two or four appointed members. (4) A judge may, with the consent of the parties, direct that proceedings are to be heard by a judge and either one or three appointed members. (5) The Lord Chancellor may by order provide for proceedings of a description specified in the order to be heard by a judge and either two or four appointed members. (6) In proceedings heard by a judge and two or four appointed members, there shall be an equal number of— (a) employer-representative members, and (b) worker-representative members. (7) In this section— - “employer-representative members” means appointed members whose knowledge or experience of industrial relations is as representatives of employers; - “worker-representative members” means appointed members whose knowledge or experience of industrial relations is as representatives of workers.

Unfair dismissal

Dismissal for political opinions: no qualifying period of employment

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In section 108 of the Employment Rights Act 1996 (qualifying period of employment), after subsection (3) insert—

(4) Subsection (1) does not apply if the reason (or, if more than one, the principal reason) for the dismissal is, or relates to, the employee's political opinions or affiliation.

Confidentiality of negotiations before termination of employment

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After section 111 of the Employment Rights Act 1996 insert—

(111A) (1) Evidence of pre-termination negotiations is inadmissible in any proceedings on a complaint under section 111. This is subject to subsections (3) to (5). (2) In subsection (1) “pre-termination negotiations” means any offer made or discussions held, before the termination of the employment in question, with a view to it being terminated on terms agreed between the employer and the employee. (3) Subsection (1) does not apply where, according to the complainant's case, the circumstances are such that a provision (whenever made) contained in, or made under, this or any other Act requires the complainant to be regarded for the purposes of this Part as unfairly dismissed. (4) In relation to anything said or done which in the tribunal's opinion was improper, or was connected with improper behaviour, subsection (1) applies only to the extent that the tribunal considers just. (5) Subsection (1) does not affect the admissibility, on any question as to costs or expenses, of evidence relating to an offer made on the basis that the right to refer to it on any such question is reserved.

Power by order to increase or decrease limit of compensatory award

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