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After section 127 of the [1996 c. 18.] Employment Rights Act 1996 insert—
(1) Where in a case in which an award of compensation for unfair dismissal falls to be made under section 112(4) or 117(3)(a) the tribunal finds that—
(a) the employer provided a procedure for appealing against dismissal, and
(b) the complainant was, at the time of the dismissal or within a reasonable period afterwards, given written notice stating that the employer provided the procedure and including details of it, but
(c) the complainant did not appeal against the dismissal under the procedure (otherwise than because the employer prevented him from doing so),
the tribunal shall reduce the compensatory award included in the award of compensation for unfair dismissal by such amount (if any) as it considers just and equitable.
(2) Where in a case in which an award of compensation for unfair dismissal falls to be made under section 112(4) or 117(3)(a) the tribunal finds that—
(a) the employer provided a procedure for appealing against dismissal, but
(b) the employer prevented the complainant from appealing against the dismissal under the procedure,
the award of compensation for unfair dismissal shall include a supplementary award of such amount (if any) as the tribunal considers just and equitable.
(3) In determining the amount of a reduction under subsection (1) or a supplementary award under subsection (2) the tribunal shall have regard to all the circumstances of the case, including in particular the chances that an appeal under the procedure provided by the employer would have been successful.
(4) The amount of such a reduction or supplementary award shall not exceed the amount of two weeks' pay.”
(1) In section 117(6) of the [1996 c. 18.] Employment Rights Act 1996 (which provides for a higher additional award for an unfairly dismissed employee who is not reinstated or re-engaged as ordered in a case where the dismissal is sex or race discrimination), at the end insert “and
(c) a dismissal which is an act of discrimination within the meaning of the [1995 c. 50.] Disability Discrimination Act 1995 which is unlawful by virtue of that Act.”
(2) Section 126 of that Act (which prohibits recovery under more than one provision in the case of an act which is both unfair dismissal and sex or race discrimination) is amended as follows.
(3) In subsection (1) (which describes the circumstances in which the section applies), for paragraph (b) substitute—
“(b) any one or more of the [1975 c. 65.] Sex Discrimination Act 1975, the [1976 c. 74.] Race Relations Act 1976 and the Disability Discrimination Act 1995.”
(4) In subsection (2) (which prohibits recovery under more than one provision)—
(a) omit “two or three”, and
(b) for “the other, or any of the others,” substitute “any other of them”.
Schedule 1 (minor and consequential amendments) and Schedule 2 (repeals) have effect.
(1) Subject to subsection (3), the preceding provisions of this Act (including the Schedules) do not extend to Northern Ireland.
(2) Section 1 does not have effect to amend any reference to a tribunal or office established under the law of Northern Ireland.
(3) Section 1(2) and Schedule 1 extend to Northern Ireland so far as they amend—
(a) the [1975 c. 24.] House of Commons Disqualification Act 1975,
(b) the [1981 c. 20.] Judicial Pensions Act 1981,
(c) the [1992 c. 53.] Tribunals and Inquiries Act 1992, and
(d) the [1993 c. 8.] Judicial Pensions and Retirement Act 1993.
(4) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to any of the purposes of this Act (other than those of section 1)—
(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The provisions of this Act (apart from section 16, this section and section 18 and paragraph 17(2) of Schedule 1) shall not come into force until such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
(2) An order under subsection (1) may contain such transitional provisions and savings as appear to the Secretary of State to be appropriate.
(3) The amendment made by paragraph 17(2) of Schedule 1 shall be deemed always to have had effect.
(4) If an appeal of the sort which lie to the Employment Appeal Tribunal by virtue of the provision made by paragraph 17(2) of Schedule 1 has been brought before the High Court or the Court of Session not later than the day on which this Act is passed, the appeal may nevertheless be brought before the Employment Appeal Tribunal within the period of 42 days beginning with that day or such longer period as that Tribunal may by order specify.
This Act may be cited as the Employment Rights (Dispute Resolution) Act 1998.
Employment Rights (Dispute Resolution) Act 1998