EDITOR'S NOTE:

This fact card is now of historical interest only in light of the repeal of TULRCA 1992 s.148(3) - (5) (the "Ullswater amendment") by Employment Relations Act 2004 ss.31, 57(2) and sch 2 with effect from 1st October 2004 - see notes at Acts of Parliament etc/Employment Relations Act 2004 .

For recent information go to notes at Dispute Resolution generally.

On 11th July 2002 the DTI announced a comprehensive review of the Employment Relations Act 1999. The results of this review (109 pages) were published on 27th February 2003. According to the foreword one thing is shown "more clearly than any other: despite predictions to the contrary the [Employment Relations Act 1999 ] has been a resounding success". Consultation on recommendations ended 22nd May 2003 and the government's response was issued on 2nd December 2003.

At the same time (2nd December 2003) the government published an Employment Relations Bill to implement the recommendations of the review.

One significant feature of the review, confirmed in the December 2003 response, is the conclusion that the current eight week period of protection for striking workers against dismissal should not be extended to a longer period. A gesture to many trade unions which opposed this is the proposal to ensure that lock-out days are disregarded in calculating the eight-week period - see notes at Trade union matters/unfair dismissal/taking part in protected industrial action .

See also notes generally at ACTS OF PARLIAMENT etc/Employment Relations Act 1999 and/or at Dispute Resolution/2004 new regulations