Employment Act 2008
In the Employment Act 2002 (c. 22), sections 29 to 33 and Schedules 2 to 4 (which make provision for statutory dispute resolution procedures) are repealed.
In the Employment Rights Act 1996 (c. 18), section 98A (procedural fairness) is repealed.
The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) is amended as specified in subsections (2) and (3).
After section 207 there is inserted—
After Schedule A1 there is inserted—
In section 124A of the Employment Rights Act 1996 (c. 18) (adjustments under the Employment Act 2002), in paragraph (a), for the words from “section 31” to “procedures)” there is substituted “ section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 (effect of failure to comply with Code: adjustment of awards) ”.
In the Employment Tribunals Act 1996 (c. 17), in section 7 (employment tribunal procedure regulations), after subsection (3A) there is inserted—
In the Employment Tribunals Act 1996, section 18 (conciliation) is amended as follows.
In subsection (3), for the words from “shall act” to the end there is substituted “ may endeavour to promote a settlement between the parties without proceedings being instituted ”.
For subsection (5) there is substituted—
In the Employment Tribunals Act 1996 (c. 17), in section 18 (conciliation), subsection (2A) is repealed.
In that Act, in section 19 (conciliation procedure), subsection (2) is repealed.
In the Employment Rights Act 1996 (c. 18), in section 24 (determination of complaints relating to deductions from wages or payments to employer)—
the existing provision becomes subsection (1), and
after that provision there is inserted—
In that Act, in section 163 (determination of questions relating to redundancy payments), at the end there is inserted—
In the National Minimum Wage Act 1998 (c. 39), section 17 (which makes provision for the additional remuneration to which a worker is entitled in cases of non-compliance) is amended as specified in subsections (2) to (5).
In subsection (1), after “shall” there is inserted “ at any time (“the time of determination”) ”.
In that subsection, for “the amount described in subsection (2) below” there is substitutedwhichever is the higher of—
In subsection (2), for “That amount” there is substituted “ The amount referred to in subsection (1)(a) above ”.
After subsection (3) there is inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in paragraph (a), in the substituted subsection (2)—
for “That amount” there is substituted “The amount referred to in subsection (1)(a) above”;
for “under this Act” there is substituted “under the Agricultural Wages Act 1948”;
after paragraph (b) there is inserted—
Nothing in subsections (2) to (5) affects section 17 of the National Minimum Wage Act 1998 (c. 39) as it has effect for the purposes of—
the Agricultural Wages (Scotland) Act 1949 (c. 30), or
the Agricultural Wages (Regulation) (Northern Ireland) Order 1977 (SI 1977/2151) (N.I.22).
The amendments made by this section apply in relation to a pay reference period (within the meaning of the National Minimum Wage Act 1998) ending before, as well as after, this section comes into force.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the National Minimum Wage Act 1998, in section 51 (regulations and orders), in subsections (6) and (7)(a), the words “21 or” are repealed.
In the Employment Tribunals Act 1996 (c. 17), in section 4 (composition of employment tribunal), in subsection (3)(cd), for “section 19 or 22” there is substituted “ section 19C ”.
In the Commissioners for Revenue and Customs Act 2005 (c. 11), in section 44 (payment into Consolidated Fund), subsection (2)(f) is repealed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nothing in this section (or Part 2 of the Schedule) affects any provision of the National Minimum Wage Act 1998 as that provision has effect for the purposes of—
the Agricultural Wages (Scotland) Act 1949 (c. 30), or
the Agricultural Wages (Regulation) (Northern Ireland) Order 1977 (SI 1977/2151) (N.I.22).
In the National Minimum Wage Act 1998, section 14 (powers of officers) is amended as specified in subsections (2) and (3).
In subsection (1)(a), the words “any material part of” are repealed.
After subsection (3) there is inserted—
Nothing in this section (or Part 3 of the Schedule) affects section 14 of the National Minimum Wage Act 1998 as it has effect for the purposes of—
the Agricultural Wages (Scotland) Act 1949, or
the Agricultural Wages (Regulation) (Northern Ireland) Order 1977 (SI 1977/2151) (N.I.22).
In the National Minimum Wage Act 1998, in section 31 (offences), in subsection (9), for the words from “on summary conviction” to the end there is substituted—.
In that Act, in section 33 (proceedings for offences), subsections (2) to (5) are repealed.
Nothing in this section (or Part 4 of the Schedule) affects section 31 or 33 of the National Minimum Wage Act 1998 (c. 39) as it has effect for the purposes of—
the Agricultural Wages (Scotland) Act 1949 (c. 30), or
the Agricultural Wages (Regulation) (Northern Ireland) Order 1977 (SI 1977/2151) (N.I.22).
In the Finance Act 2007 (c. 11), in section 84 (criminal investigations: powers of Revenue and Customs), in subsection (3), for “13 to” there is substituted “ 14, ”.
In the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39), in section 23A (investigation of offences by Revenue and Customs), in subsection (2)(b), for “13 to” there is substituted “ 14, ”.
In the National Minimum Wage Act 1998, after section 37 there is inserted—
In the National Minimum Wage Act 1998, in section 44 (voluntary workers), after subsection (1) there is inserted—
In the Employment Agencies Act 1973 (c. 35), in each of sections 3B, 5(2) and 6(2), for the words from “on summary conviction” to the end there is substituted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the Employment Agencies Act 1973, section 9 (inspection) is amended as follows.
In subsection (1), in paragraph (b)—
after “premises and” there is inserted “(i)”;
after “thereunder” there is inserted—.
In that subsection, paragraph (d) and the preceding “and” are repealed.
In subsection (1A), for the words from “he may require” to the end there is substituted “the officer may by notice in writing require the person carrying on the employment agency or employment business to furnish him with the record or other document or information at such time and place as he may specify.”
After subsection (1A) there is inserted—
After subsection (1AC) (as inserted by subsection (5) above), there is inserted—
In subsection (1C), for “subsection (1)” there is substituted “this section”.
In subsection (3)—
for “paragraph (a), (b) or (d) of subsection (1) of this section” there is substituted “subsection (1)(a) or (b), (1AD) or (1AE)”;
for “paragraph (c) of that subsection or under subsection (1A)” there is substituted “subsection (1)(c), (1A), (1AA) or (1AB)”.
In subsection (4)(a), the words “subsection (1) of” are repealed.
In the Employment Agencies Act 1973 (c. 35), in section 11 (offences by bodies corporate)—
the existing provision becomes subsection (1), and
after that subsection there is inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the National Minimum Wage Act 1998 (c. 39), in section 15 (information obtained by officers), after subsection (5) there is inserted—
In the Employment Agencies Act 1973, in section 9 (inspection), subsection (4) is amended as follows—
after “this section” there is inserted “(or pursuant to section 15(5A) of the National Minimum Wage Act 1998)”;
after paragraph (iv) there is inserted or.
The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) is amended as follows.
In section 174 (right not to be excluded or expelled from union) after subsection (4B), there is inserted—
In section 176 (remedies), in subsection (1D)(a), for “a member of the general public” substitute “ a person working in the same trade, industry or profession as the complainant ”.
The Schedule contains repeals.
An amendment or repeal effected by this Act has the same extent as the enactment (or the relevant part of the enactment) to which it relates.
The provisions of this Act come into force as follows—
sections 1 to 9 and Parts 1 and 2 of the Schedule come into force on such day as the Secretary of State may by order appoint;
section 10 and Part 3 of the Schedule come into force at the end of the period of two months beginning with the day on which this Act is passed;
sections 11 and 12 and Part 4 of the Schedule come into force on such day as the Secretary of State may by order appoint;
sections 13 and 14 come into force at the end of the period of two months beginning with the day on which this Act is passed;
sections 15 to 17 and Part 5 of the Schedule come into force on 6 April 2009;
sections 18 and 19 come into force on such day as the Secretary of State may by order appoint;
the remaining provisions of this Act come into force on the day on which this Act is passed.
An order under subsection (1) is to be made by statutory instrument.
An order under subsection (1) may—
appoint different days for different purposes;
contain transitional provision, or savings.
This Act may be cited as the Employment Act 2008.
Section 20
Short title and chapter Extent of repeal Employment Tribunals Act 1996 (c. 17) Section 18(2A). Section 19(2). Employment Rights Act 1996 (c. 18) Section 98A. In section 112(5)(a), “or 98A(1)”. In section 120(1A)(a), “or 98A(1)”. Employment Act 2002 (c. 22) Section 24(2) and (4). Sections 29 to 33. Section 34(2). In section 40, the definition of “statutory procedure”. In section 51(4), “30, 31, 32, 33 or”. Schedules 2 to 4.
Short title and chapter Extent of repeal National Minimum Wage Act 1998 (c. 39) In section 51(6) and (7)(a), “21 or”. National Minimum Wage (Enforcement Notices) Act 2003 (c. 8) The whole Act. Employment Relations Act 2004 (c. 24) Sections 45 and 46. Commissioners for Revenue and Customs Act 2005 (c. 11) Section 44(2)(f). Tribunals, Courts and Enforcement Act 2007 (c. 15) In Schedule 13, paragraph 128.
Short title and chapter Extent of repeal National Minimum Wage Act 1998 (c. 39) In section 14(1)(a), “any material part of”.
Short title and chapter Extent of repeal National Minimum Wage Act 1998 (c. 39) Section 33(2) to (5).
Short title and chapter Extent of repeal Employment Agencies Act 1973 (c. 35) In section 9— in subsection (1), paragraph (d) and the preceding “and”; in subsection (4)(a), “subsection (1) of”. In section 11A, in each of subsections (1) and (3), “3B, 5(2), 6(2),”. Employment Relations Act 1999 (c. 26) In Schedule 7, paragraph 4(2)(b) and the preceding “and”.