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STATUTORY INSTRUMENTS


2006 No. 2059

TERMS AND CONDITIONS OF EMPLOYMENT

The European Cooperative Society (Involvement of Employees) Regulations 2006

  Made 25th July 2006 
  Laid before Parliament 27th July 2006 
  Coming into force 18th August 2006 


CONTENTS


PART 1

GENERAL
1. Citation and commencement
2. Extent and application
3. Interpretation

PART 2

PARTICIPATING INDIVIDUALS AND LEGAL ENTITIES AND THE SPECIAL NEGOTIATING BODY
4. Circumstances in which different regulations apply
5. Exempt formations and SCEs
6. Subsequent application of Regulations to a formerly exempt SCE
7. Duty on participating individual and participating legal entity to provide information
8. Complaint of failure to provide information
9. Function of the special negotiating body
10. Composition of the special negotiating body
11. Complaint about establishment of special negotiating body

PART 3

ELECTION OR APPOINTMENT OF UK MEMBERS OF THE SPECIAL NEGOTIATING BODY
12. Ballot arrangements
13. Conduct of the ballot
14. Appointment of UK members by a consultative committee
15. Representation of employees

PART 4

NEGOTIATION OF THE EMPLOYEE INVOLVEMENT AGREEMENT
16. Negotiations to reach an employee involvement agreement
17. The employee involvement agreement
18. Decisions of the special negotiating body
19. Decision not to open or to terminate negotiations
20. Complaint about decisions of the special negotiating body

PART 5

STANDARD RULES ON EMPLOYEE INVOLVEMENT
21. Standard rules on employee involvement

PART 6

COMPLIANCE AND ENFORCEMENT
22. Disputes about operation of an employee involvement agreement or the standard rules on employee involvement
23. Penalties
24. Misuse of procedures
25. Exclusivity of remedy

PART 7

CONFIDENTIAL INFORMATION
26. Breach of statutory duty
27. Withholding of information

PART 8

PROTECTION FOR MEMBERS OF SPECIAL NEGOTIATING BODY, ETC.
28. Right to time off for members of special negotiating body, etc.
29. Right to remuneration for time off under regulation 28
30. Right to time off: complaints to tribunals
31. Unfair dismissal
32. Subsidiary provisions relating to unfair dismissal
33. Detriment
34. Detriment: enforcement and subsidiary provisions
35. Conciliation

PART 9

MISCELLANEOUS
36. CAC proceedings
37. Appeal Tribunal: location of certain proceedings under these Regulations
38. Appeal Tribunal: appeals from employment tribunals
39. ACAS
40. Restrictions on contracting out: general
41. Restrictions on contracting out: Part 8
42. Amendment of the Transnational Information and Consultation of Employees Regulations 1999
43. Existing employee involvement rights

  SCHEDULE 1—  
 PART 1— PROVISION OF INFORMATION AND THE SPECIAL NEGOTIATING BODY
 PART 2— ELECTION OR APPOINTMENT OF UK MEMBERS OF THE SPECIAL NEGOTIATING BODY
 PART 3— NEGOTIATION OF THE EMPLOYEE INVOLVEMENT AGREEMENT
 PART 4— STANDARD RULES ON EMPLOYEE INVOLVEMENT

  SCHEDULE 2— STANDARD RULES ON EMPLOYEE INVOLVEMENT
 PART 1— COMPOSITION OF THE REPRESENTATIVE BODY
 PART 2— STANDARD RULES FOR INFORMATION AND CONSULTATION
 PART 3— STANDARD RULES FOR PARTICIPATION

  SCHEDULE 3— APPLICATION OF THE REGULATIONS IN RELATION TO NORTHERN IRELAND

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972[
1] in respect of measures relating to employment rights and duties[2].

     Accordingly the Secretary of State, in exercise of the powers conferred on him by section 2(2) of that Act, makes the following Regulations:



PART 1

GENERAL

Citation and commencement
     1. —(1) These Regulations may be cited as the European Cooperative Society (Involvement of Employees) Regulations 2006.

    (2) These Regulations come into force on 18th August 2006.

Extent and application
    
2. —(1) These Regulations extend to Northern Ireland.

    (2) These Regulations, in their application in relation to Northern Ireland, shall have effect subject to the modifications set out in Schedule 3.

Interpretation
    
3. —(1) In these Regulations—

    (2) The following terms have the same meaning in these Regulations as that given by Article 2 of the EC Directive—

    (3) In these Regulations, "special negotiating body" means—

in either case, as to the establishment of arrangements for the involvement of employees within the SCE.

    (4) Except as otherwise provided in these Regulations, words and expressions which are used in the EC Regulation or the EC Directive have the same meaning as they have in that Regulation or Directive.



PART 2

PARTICIPATING INDIVIDUALS AND LEGAL ENTITIES AND THE SPECIAL NEGOTIATING BODY

Circumstances in which different regulations apply
     4. —(1) This regulation is subject to regulation 5.

    (2) These Regulations shall apply where—

    (3) Where there are UK employees, without prejudice to paragraph (2), Part 3 (or, in relation to an SCE to which regulation 6(1) applies, Part 2 of Schedule 1) shall apply (election or appointment of UK members of the special negotiating body and representation of employees), regardless of where the registered office is, or is intended to be, situated, in relation to the election or appointment of UK members of the special negotiating body.

    (4) Parts 6 to 9 shall apply, without prejudice to paragraph (2) regardless of where the registered office of the SCE is, or is intended to be situated, where—

is resident, registered, or situated, as the case may be, in the UK.

Exempt formations and SCEs
    
5. —(1) These Regulations shall not apply where a participating individual intends to form an SCE and at the relevant time—

    (2) These Regulations shall not apply where a participating legal entity intends to form an SCE where—

    (3) Subject to regulation 6, these Regulations shall not apply where an SCE has been registered and at the relevant time the circumstances in regulation 5(1) or 5(2) applied.

    (4) Notwithstanding paragraphs (1) to (3), in the case of transfer from another EEA state to the UK of the registered office of an SCE governed by participation, at least the same level of employee participation rights shall continue to apply after that transfer.

Subsequent application of Regulations to a formerly exempt SCE
    
6. —(1) If a relevant condition is satisfied in respect of an SCE referred to in regulation 5(3), these Regulations, subject to paragraph (2), shall apply.

    (2) The provisions in Schedule 1 shall have effect in substitution for regulations 7 to 21.

    (3) In this regulation, "relevant condition" means—

    (4) A request pursuant to paragraph 3(b) is not a valid request unless

    (5) If a relevant condition is satisfied but subsequently ceases to be satisfied, these Regulations (as modified by virtue of paragraph (2)), shall continue to apply.

Duty on participating individual and participating legal entity to provide information
    
7. —(1) When a participating individual or the competent organ of a participating legal entity decides to form an SCE, that individual or organ shall, as soon as possible after—

provide information to the employees' representatives of the participating individual or the participating legal entity, any concerned subsidiaries and concerned establishments or, if no such representatives exist, the employees themselves.

    (2) The information referred to in paragraph (1) must include, as a minimum, information—

    (3) When a special negotiating body has been formed in accordance with regulation 10, each participating individual and the competent organs of each participating legal entity must provide that body with such information as is necessary to keep it informed of the plan to establish and the progress of establishing the SCE up to the time the SCE has been registered.

Complaint of failure to provide information
    
8. —(1) An employees' representative or, where there is no such representative for an employee, the employee, may present a complaint to the CAC that—

    (2) Where the CAC finds the complaint well-founded it shall make an order requiring the participating individual or the competent organ to disclose information to the complainant which order shall specify—

Function of the special negotiating body
    
9. The special negotiating body and the participating individuals and competent organs of the participating legal entities shall have the task of reaching an employee involvement agreement.

Composition of the special negotiating body
    
10. —(1) The participating individuals and the competent organs of the participating legal entities shall make arrangements for the establishment of a special negotiating body, which body shall be constituted as soon as possible after the relevant time and in accordance with paragraphs (2) to (7) below. The method used to elect or appoint employee representatives to the special negotiating body should seek to promote gender balance.

    (2) The total number of employees employed to work in each EEA State of the participating individuals, participating legal entities and concerned subsidiaries shall be given an entitlement to elect or appoint one member of the special negotiating body for each 10% or fraction thereof which those employees represent of the total workforce. These members shall be the "ordinary members".

    (3) If, in the case of an SCE to be formed by merger, following an election or appointment under paragraph (2), the members elected or appointed to the special negotiating body do not include at least one eligible member in respect of each relevant cooperative, the employees of any relevant cooperative in respect of which there is no eligible member shall be given an entitlement, subject to paragraph (4), to elect or appoint an additional member to the special negotiating body.

    (4) The number of additional members which the employees are entitled to elect or appoint under paragraph (3) shall not exceed 20% of the number of ordinary members elected or appointed under paragraph (2) and if the number of additional members under paragraph (3) would exceed that percentage the employees who are entitled to appoint or elect the additional members shall be:

    (5) The participating individuals and the competent organs of the participating legal entities shall, as soon as reasonably practicable and in any event no later than one month after the establishment of the special negotiating body, inform their employees and those of any concerned subsidiaries of the identity of the members of the special negotiating body.

    (6) If, following the appointment or election of members to the special negotiating body in accordance with this regulation,

    (7) In this regulation—

Complaint about establishment of special negotiating body
    
11. —(1) An application may be presented to the CAC for a declaration that the special negotiating body has not been established at all or has not been established properly in accordance with regulation 10.

    (2) An application may be presented under this regulation by—

    (3) The CAC shall only consider an application made under paragraph (1) that a special negotiating body has not been properly constituted if it is made within a period of one month from the date or, if more than one, the last date on which the participating individuals and participating legal entities complied or should have complied with the obligation to inform the employees under regulation 10(5).

    (4) Where the CAC finds the application well-founded it shall make a declaration that the special negotiating body has not been established at all or has not been established properly and the participating individuals and the competent organs of the participating legal entities continue to be under the obligation in regulation 10(1).



PART 3

ELECTION OR APPOINTMENT OF UK MEMBERS OF THE SPECIAL NEGOTIATING BODY

Ballot arrangements
    
12. —(1) Subject to regulation 14, the UK members of the special negotiating body shall be elected by balloting the UK employees.

    (2) The participating individuals and the participating legal entities that employ UK employees ("the relevant employers") must arrange for the holding of a ballot or ballots of those employees in accordance with the requirements of paragraph (3), and having regard to the fact that the methods of election should seek to promote gender balance.

    (3) The requirements referred to in paragraph (2) are—

    (4) Any UK employee or UK employees' representative who believes that the arrangements for the ballot of the UK employees do not comply with the requirements of paragraph (3) may, within a period of 21 days beginning on the date on which the final arrangements were published under sub-paragraph (g), present a complaint to the CAC.

    (5) Where the CAC finds the complaint well-founded it shall make a declaration to that effect and may make an order requiring the relevant employers to modify the arrangements they have made for the ballot of UK employees or to satisfy the requirements in sub-paragraph (f) or (g) of paragraph (3).

    (6) An order under paragraph (5) shall specify the modifications to the arrangements which the relevant employers are required to make and the requirements they must satisfy.

    (7) A person is an independent ballot supervisor for the purposes of paragraph (3)(e) if the relevant employers reasonably believe that he will carry out any functions conferred on him in relation to the ballot competently and have no reasonable grounds for believing that his independence in relation to the ballot might reasonably be called into question.

Conduct of the ballot
    
13. —(1) The relevant employers must—

    (2) A ballot supervisor's appointment shall require that he—

    (3) As soon as reasonably practicable after the holding of the ballot, the ballot supervisor must publish the results of the ballot in such manner as to make them available to the relevant employers and, so far as reasonably practicable, the UK employees entitled to vote in the ballot and the persons who stood as candidates.

    (4) A ballot supervisor shall publish a report ("an ineffective ballot report") where he considers (whether on the basis of representations made to him by another person or otherwise) that—

    (5) Where a ballot supervisor publishes an ineffective ballot report the report must be published within a period of one month commencing on the date on which the ballot supervisor publishes the results of the ballot under paragraph (3).

    (6) A ballot supervisor shall publish an ineffective ballot report in such manner as to make it available to the relevant employers and, so far as reasonably practicable, the UK employees entitled to vote in the ballot and the persons who stood as candidates in the ballot.

    (7) Where a ballot supervisor publishes an ineffective ballot report then—

    (8) All costs relating to the holding of a ballot, including payments made to a ballot supervisor for supervising the conduct of the ballot, shall be borne by the relevant employers (whether or not an ineffective ballot report has been published).

Appointment of UK members by a consultative committee
    
14. —(1) This regulation applies where—

    (2)

    (3) In this regulation, "a consultative committee" means a body of persons—

    (4) In paragraph (3) "information and consultation function" means the function of—

    (5) The consultative committee must publish the names of the persons whom it has appointed to be members of the special negotiating body in such a manner as to bring them to the attention of the participating individual or the participating legal entity and, so far as reasonably practicable, the employees and the employees' representatives of that participating individual or participating legal entity and such participating entity's concerned subsidiaries.

    (6) Where the participating individual, the participating legal entity, an employee or an employees' representative believes that—

he, or as the case may be, it, may, within a period of 21 days beginning on the date on which the consultative committee published under paragraph (5) the names of the persons appointed, present a complaint to the CAC.

    (7) Where the CAC finds the complaint well-founded it shall make a declaration to that effect.

    (8) Where the CAC has made a declaration under paragraph (7)—

    (9) Where the consultative committee appoints any person to be a member of the special negotiating body, that appointment shall have effect—

Representation of employees
    
15. —(1) Subject to paragraphs (2) and (3) below, a member elected in a ballot in accordance with regulation 10(2), shall be treated as representing the employees for the time being of the participating individual or of the participating legal entity, and of any concerned subsidiary or concerned establishment, whose employees were entitled to vote in the ballot in which he was elected.

    (2) If an additional member is elected in accordance with regulation 10(3) and (4), he, and not any member elected in accordance with regulation 10(2), shall be treated as representing the employees for the time being of the participating individual or the participating legal entity, and of any concerned subsidiary or concerned establishment, whose employees were entitled to vote in the ballot in which he was elected.

    (3) When a member of the special negotiating body is appointed by a consultative committee in accordance with regulation 14, the employees whom the consultative committee represents and the UK employees of any concerned subsidiary shall be treated as being represented by the member so appointed.



PART 4

NEGOTIATION OF THE EMPLOYEE INVOLVEMENT AGREEMENT

Negotiations to reach an employee involvement agreement
    
16. —(1) In this regulation and in regulation 17 the participating individuals and competent organs of the participating legal entities on the one hand and the special negotiating body on the other are referred to as "the parties".

    (2) The parties are under a duty to negotiate in a spirit of cooperation with a view to reaching an employee involvement agreement.

    (3) The duty referred to in paragraph (2) commences one month after the date or, if more than one, the last date on which the members of the special negotiating body were elected or appointed and applies—

The employee involvement agreement
    
17. —(1) The employee involvement agreement must be in writing.

    (2) Without prejudice to the autonomy of the parties and subject to paragraph (4), the employee involvement agreement shall specify:

    (3) The employee involvement agreement shall not be subject to the standard rules on employee involvement, unless it contains a provision to the contrary.

    (4) In relation to an SCE to be formed by conversion, the employee involvement agreement shall provide for the elements of employee involvement at all levels to be at least as favourable as those which exist in the cooperative to be converted into an SCE.

    (5) If the parties decide, in accordance with paragraph (2)(f), to establish one or more information and consultation procedures instead of a representative body and if those procedures include a provision for representatives to be elected or appointed to act in relation to information and consultation, those representatives shall be "information and consultation representatives".

Decisions of the special negotiating body
    
18. —(1) Each member of the special negotiating body shall have one vote.

    (2) Subject to paragraph (3) and regulation 19, the special negotiating body shall take decisions by an absolute majority vote.

    (3) In the following circumstances any decision which would result in a reduction of participation must be taken by a two thirds majority vote:

In this paragraph, reduction of participation means that the proportion of members of the supervisory or administrative organ of the SCE who may be elected or appointed (or whose appointment may be recommended or opposed) by virtue of participation is lower than the proportion of such members in the participating legal entity which had the highest proportion of such members.

    (4) The special negotiating body must publish the details of any decision taken under this regulation or under regulation 19 in such a manner as to bring the decision, so far as reasonably practicable, to the attention of the employees whom they represent and such publication shall take place as soon as reasonably practicable and, in any event no later than 14 days after the decision has been taken.

    (5) For the purpose of negotiations, the special negotiating body may be assisted by experts of its choice.

    (6) The participating individuals and participating legal entities shall pay for any reasonable expenses of the functioning of the special negotiating body and any reasonable expenses relating to the negotiations that are necessary to enable the special negotiating body to carry out its functions in an appropriate manner; but where the special negotiating body is assisted by more than one expert the participating individuals and participating legal entities are not required to pay such expenses in respect of more than one of them.

Decision not to open or to terminate negotiations
    
19. —(1) Subject to paragraph (2), the special negotiating body may decide, by a two thirds majority vote, not to open negotiations with the participating individuals and the competent organs of the participating legal entities or to terminate any such negotiations.

    (2) The special negotiating body cannot take the decision referred to in paragraph (1) in relation to an SCE to be formed by conversion if any employees of the cooperative to be converted have participation.

    (3) Any decision made under paragraph (1) shall have the following effects—

    (4) To amount to a valid request, the request referred to in paragraph (3)(c) must—

Complaint about decisions of the special negotiating body
    
20. —(1) If a member of the special negotiating body, an employees' representative, or where there is no such representative in respect of an employee, that employee believes that the special negotiating body has taken a decision referred to in regulation 18 or 19 and—

he may present a complaint to the CAC within 21 days of the date the special negotiating body did or should have published their decision in accordance with regulation 18(4).

    (2) Where the CAC finds the complaint well-founded it shall make a declaration that the decision was not taken properly and that it shall have no effect.



PART 5

STANDARD RULES ON EMPLOYEE INVOLVEMENT

Standard rules on employee involvement
    
21. —(1) Without prejudice to paragraphs (3) and (5), where this regulation applies, the competent organ of the SCE and its subsidiaries and establishments shall make arrangements for the involvement of employees of the SCE and its subsidiaries and establishments in accordance with the standard rules on employee involvement.

    (2) This regulation, save for paragraph 5, applies in the following circumstances:

    (3) The standard rules set out in Part 3 of Schedule 2 to these Regulations (standard rules on participation) only apply in the following circumstances—

    (4) Where the standard rules on participation apply and more than one form of employee participation exists in the participating legal entities, the special negotiating body shall decide which of the existing forms of participation shall exist in the SCE and shall inform the competent organs of the participating legal entities accordingly.

    (5) The standard rule set out in paragraph 7(4) of Schedule 2 to these Regulations shall apply only in the following circumstances—



PART 6

COMPLIANCE AND ENFORCEMENT

Disputes about operation of an employee involvement agreement or the standard rules on employee involvement
    
22. —(1) Where—

a complaint may be presented to the CAC by a relevant applicant who considers that a participating individual or the competent organ of a participating legal entity or of the SCE has failed to comply with the terms of the employee involvement agreement or, as the case may be, one or more of the standard information and consultation provisions.

    (2) A complaint brought under paragraph (1) must be brought within a period of three months commencing with the date of the alleged failure or, where the failure takes place over a period, the last day of that period.

    (3) In this regulation—

    (4) Where the CAC finds the complaint well-founded it shall make a declaration to that effect and may make an order requiring, as appropriate, the participating individual, participating legal entity or SCE to take such steps as are necessary to comply with the terms of the employee involvement agreement or, as the case may be, the standard rules on employee involvement.

    (5) An order made under paragraph (4) shall specify—

    (6) If the CAC makes a declaration under paragraph (4), the relevant applicant may, within the period of three months beginning with the day on which the decision is made, make an application to the Appeal Tribunal for a penalty notice to be issued.

    (7) Where such an application is made, the Appeal Tribunal shall issue a written penalty notice to, as appropriate, the participating individual, participating legal entity or SCE requiring it to pay a penalty to the Secretary of State in respect of the failure unless satisfied, on hearing representations, that the failure resulted from a reason beyond the its control or that it has some other reasonable excuse for its failure.

    (8) Regulation 23 shall apply in respect of a penalty notice issued under this regulation.

    (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 participating individual, participating legal entity or by the SCE.

Penalties
    
23. —(1) A penalty notice issued under regulation 22 shall specify—

    (2) No penalty set by the Appeal Tribunal under this regulation may exceed £75,000.

    (3) When setting the amount of the penalty, the Appeal Tribunal shall take into account—

    (4) The date specified under paragraph (1)(b) above must not be earlier than the end of the period within which an appeal against a decision or order made by the CAC under regulation 22 may be made.

    (5) If the specified date in a penalty notice has passed and—

the Secretary of State may recover from, as appropriate, the participating individual, participating legal entity or SCE, as a civil debt due to him, any amount payable under the penalty notice which remains outstanding.

    (6) The making of an appeal suspends the effect of the penalty notice.

    (7) Any sums received by the Secretary of State under regulation 22 or this regulation shall be paid into the Consolidated Fund.

Misuse of procedures
    
24. —(1) If an employees' representative or where there is no such representative in relation to an employee, the employee, believes that a participating individual, a participating legal entity or an SCE is misusing or intending to misuse the SCE or the powers in these Regulations for the purpose of—

he may make present a complaint to the CAC.

    (2) Where a complaint is made to the CAC under paragraph (1) before registration or within a period of 12 months of the date of the registration of the SCE, the CAC shall uphold the complaint unless the respondent proves that it did not misuse or intend to misuse the SCE or the powers in these Regulations for either of the purposes set out in sub-paragraphs (a) or (b) of paragraph (1).

    (3) If the CAC finds the complaint to be well founded—

Exclusivity of remedy
    
25. Where Parts 2 to 6 of, and Schedule 1 to, these Regulations provide for a remedy of infringement of any right by way of application or complaint to the CAC, and provide for no other remedy, no other remedy is available for infringement of that right.



PART 7

CONFIDENTIAL INFORMATION

Breach of statutory duty
    
26. —(1) Where an SCE, a subsidiary of an SCE, a participating legal entity, any concerned subsidiary, or a participating individual entrusts a person, pursuant to these Regulations, with any information or document on terms requiring it to be held in confidence, the person shall not disclose that information or document except in accordance with the terms on which it was disclosed to him.

    (2) In this regulation a person referred to in paragraph (1) to whom information or a document is entrusted is referred to as a "recipient".

    (3) The obligation to comply with paragraph (1) is a duty owed to the SCE, subsidiary of an SCE, participating legal entity, concerned subsidiary, or participating individual that disclosed the information to the person and a breach of the duty is actionable accordingly (subject to the defences and other incidents applying to actions for breach of statutory duty).

    (4) Paragraph (3) does not affect any legal liability which any person may incur by disclosing the information, or any right which any person may have in relation to such disclosure otherwise than under this Regulation.

    (5) No action shall lie under paragraph (3) where the recipient reasonably believed the disclosure to be a "protected disclosure" within the meaning given to that expression by section 43A of the 1996 Act[
6].

    (6) A recipient to whom an SCE, subsidiary of an SCE, participating legal entity, concerned subsidiary or participating individual has entrusted any information or document on terms requiring it to be held in confidence, may apply to the CAC for a declaration as to whether it was reasonable to have required him to hold the information or document in confidence.

    (7) If the CAC considers that the disclosure of the information or the document by the recipient would not, or would not be likely to, harm the legitimate interests of the SCE, subsidiary of an SCE, participating legal entity, concerned subsidiary or participating individual, as the case may be, it shall make a declaration that it was not reasonable to have required the recipient to hold the information or document in confidence.

    (8) If a declaration is made under paragraph (7), the information or document shall not at any time thereafter be regarded as having been entrusted to the recipient who made the application under paragraph (6), or to any other recipient, on terms requiring it to be held in confidence.

Withholding of information
     27. —(1) An SCE, participating legal entity, or participating individual may refuse to disclose any information or document to a person for the purposes of these Regulations where the nature of the information or document is such that, according to objective criteria, the disclosure of the information or document would seriously harm the functioning of, or would be prejudicial to, as appropriate, the SCE or any subsidiary or establishment of the SCE, the participating legal entity or any subsidiary or establishment of the participating legal entity, the participating individual or any establishment of the participating individual.

    (2) Where there is a dispute between the SCE, participating legal entity or participating individual and—

as to whether the nature of the information or document which the SCE, the participating legal entity or participating individual has failed to provide is such as is described in paragraph (1), the SCE, participating legal entity, participating individual or a person referred to in sub-paragraph (a) or (b) may apply to the CAC for a declaration as to whether the information or document is of such a nature.

    (3) If the CAC makes a declaration that the disclosure of the information or document in question would not, according to objective criteria, be seriously harmful or prejudicial as mentioned in paragraph (1), the CAC shall order the SCE, participating legal entity or participating individual, as the case may be, to disclose the information or document.

    (4) An order under paragraph (3) shall specify—



PART 8

PROTECTION FOR MEMBERS OF SPECIAL NEGOTIATING BODY, ETC.

Right to time off for members of special negotiating body, etc.
    
28. —(1) An employee who is—

is entitled to be permitted by his employer to take reasonable time off during the employee's working hours in order to perform his functions as such a member, representative, candidate or participant.

    (2) For the purpose of this regulation the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work.

Right to remuneration for time off under regulation 28
    
29. —(1) An employee who is permitted to take time off under regulation 28 is entitled to be paid remuneration by his employer for the time taken off at the appropriate hourly rate.

    (2) Chapter 2 of Part 14 of the 1996 Act (a week's pay) shall apply in relation to this regulation as it applies in relation to section 62 of the 1996 Act.

    (3) The appropriate hourly rate, in relation to an employee, is the amount of one week's pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time is taken.

    (4) But where the number of normal working hours differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by—

    (5) The considerations referred to in paragraph (4)(b) are—

    (6) A right to any amount under paragraph (1) does not affect any right of an employee in relation to remuneration under his contract of employment.

    (7) Any contractual remuneration paid to an employee in respect of a period of time off under regulation 28 goes towards discharging any liability of the employer to pay remuneration under paragraph (1) in respect of that period, and conversely, any payment of remuneration under paragraph (1) in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.

Right to time off: complaints to tribunals
    
30. —(1) An employee may present a complaint to an employment tribunal that his employer—

    (2) A tribunal shall not consider a complaint under this regulation unless it is presented—

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

    (4) 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 he would have been entitled under regulation 29 if the employer had not refused.

    (5) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which he is entitled under regulation 29, the tribunal shall also order him to pay to the employee the amount which it finds is due to him.

Unfair dismissal
    
31. —(1) An employee who is dismissed and to whom paragraph (2) or (5) applies shall be regarded, if the reason (or, if more than one, the principal reason) for the dismissal is a reason specified in, respectively, paragraph (3) or (6), as unfairly dismissed for the purposes of Part 10 of the 1996 Act.

    (2) This paragraph applies to an employee who is—

    (3) The reason is that—

    (4) Paragraph (1) does not apply in the circumstances set out in paragraph (3)(a) where the reason (or principal reason) for the dismissal is that in the performance, or purported performance, of the employee's functions or activities he has disclosed any information or document in breach of the duty in regulation 26, unless the employee reasonably believed the disclosure to be a "protected disclosure" within the meaning given to that expression by section 43A of the 1996 Act.

    (5) This paragraph applies to any employee whether or not he is an employee to whom paragraph (2) applies.

    (6) The reasons are that the employee—

    (7) It is immaterial for the purposes of sub-paragraph (a) of paragraph (6)—

but for that sub-paragraph to apply, the claim to the right and, if applicable, the claim that it has been infringed must be made in good faith.

Subsidiary provisions relating to unfair dismissal
    
32. —(1) In section 105 of the 1996 Act (redundancy as unfair dismissal)—

    (2) In section 108[8] of the 1996 Act (exclusion of right: qualifying period of employment), in subsection (3) (cases where no qualifying period of employment is required)[9]—

    (3) In section 109 of the 1996 Act (exclusion of right: upper age limit), in subsection (2) (cases where the upper age limit does not apply)[10]—

Detriment
     33. —(1) An employee to whom paragraph (2) or (5) applies has the right not to be subjected to any detriment by any act, or deliberate failure to act, by his employer, done on a ground specified in, respectively, paragraph (3) or (6).

    (2) This paragraph applies to an employee who is—

    (3) The ground is that—

    (4) Paragraph (1) does not apply in the circumstances set out in paragraph (3)(a) where the ground for the subjection to detriment is that in the performance, or purported performance, of the employee's functions or activities he has disclosed any information or document in breach of the duty in regulation 26, unless the employee reasonably believed the disclosure to be a "protected disclosure" within the meaning given to that expression by section 43A of the 1996 Act.

    (5) This paragraph applies to any employee, whether or not he is an employee to whom paragraph (2) applies.

    (6) The grounds are that the employee—

    (7) It is immaterial for the purposes of paragraph (6)(a)—

but for that sub-paragraph to apply, the claim to the right and, if applicable, the claim that has been infringed must be made in good faith.

    (8) This regulation does not apply where the detriment in question amounts to dismissal.

Detriment: enforcement and subsidiary provisions
    
34. —(1) An employee may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of regulation 33.

    (2) The provisions of sections 48(2) to (4) of the 1996 Act (complaints to employment tribunals) shall apply in relation to a complaint under this regulation as they apply in relation to a complaint under section 48 of that Act.

    (3) The provisions of section 49(1) to (5) of the 1996 Act shall apply in relation to a complaint under this regulation.

    (4) At the end of each of the following Schedules to the Employment Act 2002[
11]—

insert—

Conciliation
     35. In section 18 of the Employment Tribunals Act 1996 (conciliation), in subsection (1) (which specifies the proceedings and claims to which the section applies)[12]—



PART 9

MISCELLANEOUS

CAC proceedings
     36. —(1) Where under these Regulations a person presents a complaint or makes an application to the CAC the complaint or application must be in writing and in such form as the CAC may require.

    (2) In its consideration of a complaint or application under these Regulations, the CAC shall make such enquiries as it sees fit and give any person whom it considers has a proper interest in the complaint or application an opportunity to be heard.

    (3) In the case of a participating individual resident in England and Wales, an SCE with its registered office in England and Wales, or a participating legal entity or concerned subsidiary with its registered office (or principal place of business if not a body corporate), in England and Wales—

    (4) In the case of a participating individual resident in Scotland, an SCE with its registered office in Scotland, or a participating legal entity or concerned subsidiary with its registered office (or principal place of business if not a body corporate), in Scotland—

    (5) A declaration or order made by the CAC under these Regulations must be in writing and state the reasons for the CAC's findings.

    (6) An appeal lies to the Appeal Tribunal on any question of law arising from any declaration or order of, or arising in any proceedings before, the CAC under these Regulations.

Appeal Tribunal: location of certain proceedings under these Regulations
    
37. —(1) Any proceedings before the Appeal Tribunal under these Regulations, other than appeals under paragraph (r) of section 21(1) of the Employment Tribunals Act 1996[13] (appeals from employment tribunals on questions of law), shall—

    (2) In section 20(4) of the Employment Tribunals Act 1996 (the Appeal Tribunal)—

Appeal Tribunal: appeals from employment tribunals
     38. In section 21(1) of the Employment Tribunals Act 1996 (circumstances in which an appeal lies to the Appeal Tribunal from an employment tribunal)—

ACAS
    
39. —(1) If on receipt of an application or complaint under these Regulations the CAC is of the opinion that it is reasonably likely to be settled by conciliation or other assistance provided by the Advisory, Conciliation and Arbitration Service ("ACAS") in accordance with paragraph (2), it shall refer the application or complaint to ACAS and notify the applicant or complainant and any persons whom it considers have a proper interest in the application or complaint accordingly.

    (2) Where the CAC refers an application or complaint to ACAS under paragraph (1), section 210 of the Trade Union and Labour Relations (Consolidation) Act 1992 (power of ACAS to offer assistance to settle disputes) shall apply, and ACAS may offer the parties to the application or complaint its assistance under that section with a view to bringing about a settlement, as if the dispute or difference between the parties amounted to a trade dispute as defined in section 218 of that Act.

    (3) If ACAS does not consider it appropriate to offer its assistance in accordance with paragraph (2) it shall inform the CAC.

    (4) If ACAS has offered the parties its assistance in accordance with paragraph (2), the application or complaint referred has not thereafter been settled or withdrawn, and ACAS is of the opinion that no provision or further provision of its assistance is likely to result in a settlement or withdrawal, it shall inform the CAC of its opinion.

    (5) If—

the CAC shall proceed to hear and determine the application or complaint.

Restrictions on contracting out: general
    
40. —(1) Any provision in any agreement (whether a contract of employment or not) is void in so far as it purports—

    (2) Paragraph (1) does not apply to any agreement to refrain from continuing any proceedings referred to in sub-paragraph (b) of that paragraph made after the proceedings have been instituted.

Restrictions on contracting out: Part 8
    
41. —(1) Any provision in any agreement (whether a contract of employment or not) is void in so far as it purports—

    (2) Paragraph (1) does not apply to any agreement to refrain from instituting or continuing proceedings before an employment tribunal where a conciliation officer has taken action under section 18 of the Employment Tribunals Act 1996 (conciliation).

    (3) Paragraph (1) does not apply to any agreement to refrain from instituting or continuing before an employment tribunal proceedings within section 18(1)(s) of the Employment Tribunals Act 1996 (proceedings under these Regulations where conciliation is available) if the conditions regulating compromise agreements under these Regulations are satisfied in relation to the agreement.

    (4) For the purposes of paragraph (3) the conditions regulating compromise agreements are that—

    (5) A person is a relevant independent adviser for the purposes of paragraph (4)(c)—

    (6) But a person is not a relevant independent adviser for the purposes of paragraph (4)(c) in relation to the employee—

    (7) In paragraph (5)(a), a "qualified lawyer" means—

    (8) A person shall be treated as being a qualified lawyer within sub-paragraph (7)(a) if he is a Fellow of the Institute of Legal Executives employed by a solicitors' practice.

    (9) For the purposes of paragraph (6) any two employers shall be treated as associated if—

and "associated employer" shall be construed accordingly.

Amendment of the Transnational Information and Consultation of Employees Regulations 1999
     42. In the Transnational Information and Consultation of Employees Regulations 1999[15], after regulation 46A insert—

Existing employee involvement rights
     43. —(1) Subject to paragraph (2), nothing in these Regulations shall prejudice involvement rights of employees of an SCE, its subsidiaries or establishments provided for by law or practice in the EEA State in which they were employed immediately prior to the registration of the SCE.

    (2) Paragraph (1) does not apply to rights to participation.


Jim Fitzpatrick
Parliamentary Under Secretary of State for Employment Relations Department of Trade and Industry

25th July 2006



SCHEDULE 1
Regulation 6(2)



PART 1

PROVISION OF INFORMATION AND THE SPECIAL NEGOTIATING BODY

Duty on SCE to provide information
     1. —(1) The competent organ of the SCE shall, as soon as possible after the satisfaction of a relevant condition (within the meaning given in regulation 6(3)), provide information to the employees' representatives of the SCE and of any subsidiaries and establishments or, if no such representatives exist, the employees themselves.

    (2) The information referred to in paragraph (1) must include, as a minimum, information—

Complaint of failure to provide information
     2. —(1) An employees' representative or, where there is no such representative for an employee, the employee, may present a complaint to the CAC that—

    (2) Where the CAC finds the complaint well-founded it shall make an order requiring the competent organ to disclose information to the complainant which order shall specify—

Function of the special negotiating body
     3. The special negotiating body and the competent organ of the SCE shall have the task of reaching an employee involvement agreement.

Composition of the special negotiating body
     4. —(1) The competent organ of the SCE shall make arrangements for the establishment of a special negotiating body, which body shall be constituted as soon as possible and in accordance with sub-paragraphs (2) to (4) below. The methods used to elect or appoint employee representatives to the special negotiating body should seek to promote gender balance.

    (2) The total number of employees employed to work in each EEA State of the SCE and its subsidiaries shall be given an entitlement to elect or appoint one member of the special negotiating body for each 10% or fraction thereof which those employees represent of the total workforce.

    (3) The competent organ of the SCE shall, as soon as reasonably practicable and in any event no later than one month after the establishment of the special negotiating body, inform its employees and those of its subsidiaries of the identity of the members of the special negotiating body.

    (4) If, following the appointment or election of members to the special negotiating body in accordance with this paragraph,

Complaint about establishment of the special negotiating body
     5. —(1) An application may be presented to the CAC for a declaration that the special negotiating body has not been established at all or has not been established properly in accordance with paragraph 4.

    (2) An application may be presented under this paragraph by—

    (3) The CAC shall only consider an application made under sub-paragraph (1) that a special negotiating body had not been properly constituted if it is made within a period of one month from the date on which the competent organ of the SCE complied or should have complied with the obligation to inform the employees under paragraph 4(3).

    (4) Where the CAC finds the application well-founded it shall make a declaration that the special negotiating body has not been established at all or has not been established properly and the competent organ of the SCE continues to be under the obligation in paragraph 4(1).



PART 2

ELECTION OR APPOINTMENT OF UK MEMBERS OF THE SPECIAL NEGOTIATING BODY

Ballot arrangements
     6. —(1) Subject to paragraph 8, the UK members of the special negotiating body shall be elected by balloting the UK employees.

    (2) An SCE and its subsidiaries employing UK employees ("the relevant employers") must arrange for the holding of a ballot or ballots of those employees in accordance with the requirements of sub-paragraph (3), and having regard to the fact that the methods of election should seek to promote gender balance.

    (3) The requirements referred to in sub-paragraph (2) are—

    (4) Any UK employee or UK employees' representative who believes that the arrangements for the ballot of the UK employees do not comply with the requirements of sub-paragraph (3) may, within a period of 21 days beginning on the date on which the management published the final arrangements under paragraph (f), present a complaint to the CAC.

    (5) Where the CAC finds the complaint well-founded it shall make a declaration to that effect and may make an order requiring the relevant employers to modify the arrangements they have made for the ballot of UK employees or to satisfy the requirements in paragraph (e) or (f) of sub-paragraph (3).

    (6) An order under sub-paragraph (5) shall specify the modifications to the arrangements which the relevant employers are required to make and the requirements they must satisfy.

    (7) A person is an independent ballot supervisor for the purposes of sub-paragraph (3)(d) if the relevant employers reasonably believe that he will carry out any functions conferred on him in relation to the ballot competently and have no reasonable grounds for believing that his independence in relation to the ballot might reasonably be called into question.

Conduct of the ballot
     7. —(1) The relevant employers must—

    (2) A ballot supervisor's appointment shall require that he—

    (3) As soon as reasonably practicable after the holding of the ballot, the ballot supervisor must publish the results of the ballot in such manner as to make them available to the relevant employers and, so far as reasonably practicable, the UK employees entitled to vote in the ballot and the persons who stood as candidates.

    (4) A ballot supervisor shall publish a report ("an ineffective ballot report") where he considers (whether on the basis of representations made to him by another person or otherwise) that—

    (5) Where a ballot supervisor publishes an ineffective ballot report the report must be published within a period of one month commencing on the date on which the ballot supervisor publishes the results of the ballot under sub-paragraph (3).

    (6) A ballot supervisor shall publish an ineffective ballot report in such manner as to make it available to the relevant employers and, so far as reasonably practicable, the UK employees entitled to vote in the ballot and the persons who stood as candidates in the ballot.

    (7) Where a ballot supervisor publishes an ineffective ballot report then—

    (8) All costs relating to the holding of a ballot, including payments made to a ballot supervisor for supervising the conduct of the ballot, shall be borne by the relevant employers (whether or not an ineffective ballot report has been published).

Appointment of UK members by a consultative committee
     8. —(1) This paragraph applies where—

    (2)

    (3) In this regulation, "a consultative committee" means a body of persons—

    (4) In sub-paragraph (3) "information and consultation function" means the function of—

    (5) The consultative committee must publish the names of the persons whom it has appointed to be members of the special negotiating body in such a manner as to bring them to the attention of the SCE and, so far as reasonably practicable, the employees and the employees' representatives of the SCE and such SCE's subsidiaries.

    (6) Where the SCE, an employee or an employees' representative believes that—

he, or as the case may be, it may, within a period of 21 days beginning on the date on which the consultative committee published under sub-paragraph (5) the names of the persons appointed, present a complaint to the CAC.

    (7) Where the CAC finds the complaint well-founded it shall make a declaration to that effect.

    (8) Where the CAC has made a declaration under sub-paragraph (7)—

    (9) Where the consultative committee appoints any person to be a member of the special negotiating body, that appointment shall have effect—

Representation of employees
     9. —(1) Subject to sub-paragraph (2) below, a member elected in a ballot in accordance with paragraph 6(2), shall be treated as representing the employees for the time being of the SCE and of any such SCE's subsidiary or establishment whose employees were entitled to vote in the ballot in which he was elected.

    (2) When a member of the special negotiating body is appointed by a consultative committee in accordance with paragraph 8, the employees whom the consultative committee represents and the UK employees of any subsidiary of the SCE or establishment shall be treated as being represented by the member so appointed.



PART 3

NEGOTIATION OF THE EMPLOYEE INVOLVEMENT AGREEMENT

Negotiations to reach an employee involvement agreement
     10. —(1) In this paragraph and in paragraph 11 the competent organ of the SCE and the special negotiating body are referred to as "the parties".

    (2) The parties are under a duty to negotiate in a spirit of cooperation with a view to reaching an employee involvement agreement.

    (3) The duty referred to in paragraph (2) commences one month after the date or, if more than one, the last date on which the members of the special negotiating body were elected or appointed and applies—

The employee involvement agreement
     11. —(1) The employee involvement agreement must be in writing.

    (2) Without prejudice to the autonomy of the parties, the employee involvement agreement shall specify:

    (3) The employee involvement agreement shall not be subject to the standard rules on employee involvement, unless it contains a provision to the contrary.

    (4) If the parties decide, in accordance with paragraph (2)(f), to establish one or more information and consultation procedures instead of a representative body and if those procedures include a provision for representatives to be elected or appointed to act in relation to information and consultation, those representatives shall be "information and consultation representatives".

Decisions of the special negotiating body
     12. —(1) Each member of the special negotiating body shall have one vote.

    (2) Subject to paragraph 13, the special negotiating body shall take decisions by an absolute majority vote.

    (3) The special negotiating body must publish the details of any decision taken under this paragraph or under paragraph 13 in such a manner as to bring the decision, so far as reasonably practicable, to the attention of the employees whom it represents and such publication shall take place as soon as reasonably practicable and, in any event no later than 14 days after the decision has been taken.

    (4) For the purpose of negotiations, the special negotiating body may be assisted by experts of its choice.

    (5) The SCE shall pay for any reasonable expenses of the functioning of the special negotiating body and any reasonable expenses relating to the negotiations that are necessary to enable the special negotiating body to carry out its functions in an appropriate manner but where the special negotiating body is assisted by more than one expert the SCE is not required to pay such expenses in respect of more than one of them.

Decision not to open or to terminate negotiations
     13. —(1) The special negotiating body may decide, by a two thirds majority vote, not to open negotiations with the competent organ of the SCE or to terminate any such negotiations.

    (2) Any decision made under sub-paragraph (1) shall have the following effects—

    (3) To amount to a valid request, the request referred to in sub-paragraph (2)(c) must—

Complaint about decisions of the special negotiating body
     14. —(1) If a member of the special negotiating body, an employees' representative, or where there is no such representative in respect of an employee, that employee believes that the special negotiating body has taken a decision referred to in paragraph 12 or 13 and—

he may present a complaint to the CAC within 21 days of the date the special negotiating body did or should have published its decision in accordance with paragraph 12(3).

    (2) Where the CAC finds the complaint well-founded it shall make a declaration that the decision was not taken properly and that it shall have no effect.



PART 4

STANDARD RULES ON EMPLOYEE INVOLVEMENT

Standard rules on employee involvement
     15. —(1) Without prejudice to sub-paragraphs (3) and (4), where this paragraph applies, the competent organ of the SCE and its subsidiaries and establishments shall make arrangements for the involvement of employees of the SCE and its subsidiaries and establishments in accordance with the standard rules on employee involvement.

    (2) This paragraph save for sub-paragraph 4, applies in the following circumstances:

    (3) Paragraph 7(1) of Part 3 of Schedule 2 to these Regulations (standard rules for participation) does not apply and the remaining provisions of that Part only apply if:

    (4) The standard rule set out in paragraph 7(4) of Part 3 of Schedule 2 to these Regulations shall apply only in the following circumstances—



SCHEDULE 2
Regulation 21 and paragraph 15 of Schedule 1


STANDARD RULES ON EMPLOYEE INVOLVEMENT




PART 1

COMPOSITION OF THE REPRESENTATIVE BODY

     1. —(1) The management of the SCE shall arrange for the establishment of a representative body in accordance with the following provisions—

     2. Where its size so warrants, the representative body shall elect a select committee from among its members comprising at most three members.

     3. The representative body shall adopt rules of procedure.

     4. The representative body shall inform the competent organ of the SCE of the composition of the representative body and any changes in its composition.

     5. —(1) Not later than four years after its establishment, the representative body shall decide whether to open negotiations with the competent organ of the SCE to reach an employee involvement agreement or whether the standard rules in Part 2 and, where applicable, Part 3 of this Schedule shall continue to apply.

    (2) Where a decision is taken under sub-paragraph (1) to open negotiations, paragraphs 10 to 12 and paragraph 14 of Schedule 1 shall apply to the representative body as they apply to the special negotiating body.



PART 2

STANDARD RULES FOR INFORMATION AND CONSULTATION

     6. —(1) The competence of the representative body shall be limited to questions which concern the SCE itself and any of its subsidiaries or establishments in another EEA State or which exceed the powers of the decision-making organ in a single EEA State.

    (2) For information and consultation purposes, the competent organ of the SCE shall—

    (3) The following provisions shall apply to the relationship between the competent organ and the representative body—

    (4) In the circumstances set out in sub-paragraph (3)(b) above, if the select committee attends the meeting, any other members of the representative body who represent employees who are directly concerned by the measures being discussed also have the right to participate in the meeting.

    (5) Before any meeting referred to in sub-paragraph (3), the members of the representative body or the select committee, as the case may be, shall be entitled to meet without the representatives of the competent organ being present.

    (6) Without prejudice to regulations 26 and 27, the members of the representative body shall inform the employees' representatives or, if no such representatives exist, the employees of the SCE and its subsidiaries and establishments, of the content and outcome of the information and consultation procedures.

    (7) The representative body and any select committee may be assisted by experts of its choice.

    (8) The costs of the representative body shall be borne by the SCE which shall provide the members of that body with financial and material resources needed to enable them to perform their duties in an appropriate manner, including (unless agreed otherwise) the cost of organising meetings, providing interpretation facilities and accommodation and travelling expenses. However, where the representative body or the select committee is assisted by more than one expert the SCE is not required to pay the expenses of more than one of them.



PART 3

STANDARD RULES FOR PARTICIPATION

     7. —(1) In the case of an SCE formed by conversion, if the rules of an EEA State relating to employee participation in the administrative or supervisory body applied before registration, all aspects of employee participation shall continue to apply to the SCE. Sub-paragraph (3) shall apply with any necessary modifications to that end.

    (2) In the case where an SCE is formed other than by conversion and where the employees or the representatives of the employees of at least one of the participating legal entities had participation, the representative body shall have the right to elect, appoint, recommend or oppose the appointment of a number of members of the administrative or supervisory body of the SCE, such number to be equal to the number in the participating legal entity which had the highest proportion of such members.

    (3) The following provisions shall apply to the allocation of seats within and membership of the administration or supervisory body—

    (4) In the case where regulation 21(5) or paragraph 15(4) of Schedule 1 applies, the rules for employees or employees' representatives participating in general meetings or, if applicable, section or sectorial meeting, shall be determined—



SCHEDULE 3
Regulation 2


APPLICATION OF THE REGULATIONS IN RELATION TO NORTHERN IRELAND


     1. Regulations 8, 12 and 24 and paragraphs 2 and 6 of Schedule 1 shall apply in relation to any complaint by a Northern Ireland employee or any representative appointed or elected to act in Northern Ireland as if the reference to the CAC were a reference to the Industrial Court.

     2. Regulation 11 shall apply in relation to any application by—

as if any reference to the CAC were a reference to the Industrial Court.

     3. Regulation 14 shall apply in relation to any complaint made by—

as if a reference to the CAC were a reference to the Industrial Court.

     4. Regulation 20 shall apply in relation to a complaint by—

as if the reference to the CAC were a reference to the Industrial Court.

     5. —(1) Regulation 22 shall apply in relation to a complaint made by —

as if any reference to the CAC were a reference to the Industrial Court.

    (2) In relation to a complaint to the Industrial Court to which sub-paragraph (1) relates—

     6. Regulation 25 shall have effect as if the reference to the CAC included a reference to the Industrial Court.

     7. Regulation 26 shall apply in relation to a recipient to whom—

has entrusted information or documents as if the reference to the CAC were a reference to the Industrial Court.

     8. Where there is a dispute to which paragraph (2) of regulation 27 applies, that regulation shall apply in relation to—

as if the reference to the CAC were a reference to the Industrial Court.

     9. Regulation 30 shall apply in relation to a complaint by a Northern Ireland employee as if the reference to an employment tribunal were a reference to an Industrial Tribunal.

     10. Regulation 31 shall apply in relation to any Northern Ireland employee as if—

     11. For regulation 32 there shall be substituted the following regulation—


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