Litigation Letter
The Employment Relations Act 1999 (Commencement No 5 and Transitional Provision) Order 2000
This Order brought into force on 24 April s16 of and Schedule 5 to the
Employment Relations Act 1990. These provisions amend Part V of the
Trade Union and Labour Relations (Consolidation) Act 1992, to provide that an employee is regarded as unfairly dismissed for the purposes of Part X of the
Employment Rights Act 1996 if dismissed, in certain circumstances, because he or she took part in official industrial action. The provisions also make
consequential amendments to s105 of the Employment Rights Act 1996 (unfair selection for redundancy). Article 3 of the Order
provides that the changes apply only to the dismissal of employees who start to take industrial action beginning on or after
24 April.