The Transnational Information and Consultation of Employees Regulations 1999

• (9) No order of the CAC under this regulation shall have the effect of suspending or altering the effect of any act done or of any agreement made by the central management or the local management.

• (10) In this regulation—

• (a) “defaulter” means, as the case may be—

• (i) the management of any undertaking belonging to the Community-scale group of undertakings;

• (ii) the central management; or

• (iii) the representative agent or the management treated as the central management of the Community-scale undertaking or Community-scale group of undertakings within the meaning of regulation 5(2);

• (b) “failure” means an act or omission and a failure by the local management shall be treated as a failure by the central management;

• (c) “relevant applicant” means—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) for a complaint in relation to regulation 19A, a member of the European Works Council;

• (iii) for a complaint in relation to regulation 19B, ... a member of the European Works Council;

• (iv) for a complaint in relation to regulation 19E(2), a member of the European Works Council, a national employee representation body, an employee, or an employees’ representative.

Penalties

Agreements signed or revised on or after 5th June 2009 and before 5th June 2011

45A

• (1) Where the conditions specified in paragraph (2) are satisfied, these Regulations shall apply to a Community-scale undertaking or Community-scale group of undertakings as if the amendments listed—

• (a) in paragraph (3) in relation to the 2010 Regulations, and

• (b) in paragraph (3A) in relation to the 2019 Regulations,

had not been made.

• (2) The conditions referred to in paragraph (1) are that an agreement is in force which—

• (a) establishes a European Works Council or information and consultation procedure before exit day under regulation 17 of these Regulations; and

• (b) is signed or revised on or after 5th June 2009 and before 5th June 2011.

• (3) The amendments referred to in paragraph (1)(a) are those made by the following provisions of the 2010 Regulations—

• (a) regulation 3, in so far as it inserts the definition of “national employee representation bodies” and paragraphs (4A) and (4B) into regulation 2 of these Regulations;

• (b) regulations 5 to 10;

• (c) regulation 11, in so far as it inserts regulations 19A, 19B, 19C, 19D and 19E into these Regulations;

• (d) regulation 13, in so far as it inserts paragraph (1A)(b) into regulation 21 of these Regulations;

• (e) regulation 14, in so far as it inserts regulation 21A(1)(b), (c) and (d) into these Regulations and makes provision for the resolution of complaints in relation to regulations 19A, 19B and 19E(2);

• (f) regulation 16;

• (g) regulation 23, in so far as it amends regulations 44 and 45 of these Regulations; and

• (h) regulations 24 to 29.

• (3A) The amendments referred to in paragraph (1)(b) are those made by paragraphs 14, 15, 20, 21(b), 27 and 28 of Schedule 2 to the 2019 Regulations.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this regulation—

• (a) “the 2010 Regulations” means the Transnational Information and Consultation of Employees (Amendment) Regulations 2010, and

• (b) “the 2019 Regulations” means the Employment Rights (Amendment) (EU Exit) Regulations 2019.

Merchant Navy

Use of agency workers

8A

Where information is to be disclosed under paragraph 7 or 8 which includes information as to the employment situation in the Community-scale undertaking or, as the case may be, the Community-scale group of undertakings, this shall include suitable information relating to the use of agency workers (if any).

Procedures

The continuing application of the subsidiary requirements

Extension of time limit to facilitate conciliation before institution of proceedings

27A

• (1) In this regulation—

• (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

• (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.

• (2) In working out when the time limit set by regulation 27(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted.

• (3) If the time limit set by regulation 27(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

• (4) The power conferred on the employment tribunal by regulation 27(2)(b) to extend the time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.

Unfair dismissal

Subsidiary provisions relating to unfair dismissal: Great Britain

Detriment

Detriment: enforcement and subsidiary provisions

Conciliation

Extension of time limit to facilitate conciliation before institution of proceedings in Northern Ireland

27B

• (1) In this regulation—

• (a) Day A is the day on which the worker concerned complies with the requirement in paragraph (1) of Article 20A of the Industrial Tribunals (Northern Ireland) Order 1996 (requirement to contact Labour Relations Agency before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

• (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under paragraph (11) of that Article) the certificate issued under paragraph (4) of that Article.

• (2) In working out when the three month time limit set by regulation 27(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted.

• (3) If the three month time limit set by regulation 27(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

• (4) The power conferred on the industrial tribunal by regulation 27(2)(b) to extend the three month time limit set by paragraph (2)(a) of that regulation is exercisable in relation to that time limit as extended by this regulation.

Unfair dismissal

Subsidiary provisions relating to unfair dismissal: Northern Ireland

Detriment

Detriment: enforcement and subsidiary provisions

Conciliation