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Legislation
Employment Relations Act 2004

Crossheading Other rights of workers and employees

  • Section 35 Disapplication of qualifying period and upper age limit for unfair dismissal
  • Section 36 National security: powers of employment tribunals
  • Section 37 Role of companion at disciplinary or grievance hearing
  • Section 38 Extension of jurisdiction of Employment Appeal Tribunal
  • Section 39 Ways in which provision conferring rights on individuals may be made
  • Section 40 Protection of employees in respect of jury service
  • Section 41 Flexible working
  • Section 42 Information and consultation: Great Britain
  • Section 43 Information and consultation: Northern Ireland
  1. Other rights of workers and employees
  2. Ways in which provision conferring rights on individuals may be made

Section 39 | Ways in which provision conferring rights on individuals may be made

From legislation.gov.uk

(1)Section 23 of the Employment Relations Act 1999 (c. 26) (power to confer on individuals of a specified description rights conferred by certain enactments) is amended as follows.

(2)In subsection (5) (ways in which that power may be exercised) omit the words from “, whether” to the end.

(3)After that subsection insert—

(5A)The ways in which an order under this section may make provision include, in particular—

(a)amending any enactment;

(b)excluding or applying (whether with or without amendment) any enactment.

(5B)In subsection (5A) “enactment” includes an enactment comprised in subordinate legislation made under an Act.

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