Section 192 Employment Rights Act 1996

Section 192 of the Employment Rights Act 1996 is about Armed forces. It provides as follows:

(1)Section 191—

(a)applies to service as a member of the naval, military or air forces of the Crown but subject to the following provisions of this section, and

(b)applies to employment by an association established for the purposes of Part XI of the Reserve Forces Act 1996.

(2)The provisions of this Act which have effect by virtue of section 191 in relation to service as a member of the naval, military or air forces of the Crown are—

(a)Part I,

(aa)in Part V, sections 43M, 45A, 47C and 47D, and sections 48 and 49 so far as relating to those sections,

(ab)section 47C,

(ac) Part 5B,

(b) in Part VI, sections 55 to 57B,

(c) Parts VII and VIII,

(ca) Part 8B,

(d)in Part IX, sections 92 and 93,

(e) Part X, apart from sections 98B(2) and (3), 100 to 103, 104C, 108(5) and 134, and

(f)this Part and Parts XIV and XV.

(3)Her Majesty may by Order in Council—

(a)amend subsection (2) by making additions to, or omissions from, the provisions for the time being specified in that subsection, and

(b)make any provision for the time being so specified apply to service as a member of the naval, military or air forces of the Crown subject to such exceptions and modifications as may be specified in the Order in Council,

but no provision contained in Part II may be added to the provisions for the time being specified in subsection (2).

(4)Modifications made by an Order in Council under subsection (3) may include provision precluding the making of a complaint or reference to any employment tribunal unless —

(a)the person aggrieved has made a service complaint; and

(b)the Defence Council have made a determination with respect to the service complaint.

(5)Where modifications made by an Order in Council under subsection (3) include provision such as is mentioned in subsection (4), the Order in Council shall also include provision—

(a)enabling a complaint or reference to be made to an employment tribunal in such circumstances as may be specified in the Order, notwithstanding that provision such as is mentioned in subsection (4) would otherwise preclude the making of the complaint or reference; and

(b)where a complaint or reference is made to an employment tribunal by virtue of provision such as is mentioned in paragraph (a), enabling the the service complaint procedures to continue after the complaint or reference is made.

(6A) In subsections (4) and (5)—

• “service complaint” means a complaint under section 334 of the Armed Forces Act 2006;
• “the service complaint procedures” means the procedures prescribed by regulations under that section. 

(7)No provision shall be made by virtue of subsection (4) which has the effect of substituting a period longer than six months for any period specified as the normal period for a complaint or reference.

(8)In subsection (7) “the normal period for a complaint or reference”, in relation to any matter within the jurisdiction of an employment tribunal, means the period specified in the relevant enactment as the period within which the complaint or reference must be made (disregarding any provision permitting an extension of that period at the discretion of the tribunal).

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Source: legislation.gov.uk
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