Office of Public Sector Information

(2) The Secretary of State may by regulations make with respect to payments to which this section applies provision for any or all of the purposes specified in subsection (3).

(3) The purposes referred to in subsection (2) are—

(a) enabling the Secretary of State to recover from an employer, by way of total or partial recoupment of jobseeker’s allowance or income support—

(i) a sum not exceeding the amount of the prescribed element of the monetary award, or

(ii) in the case of a protective award, the amount of the remuneration,

(b) requiring or authorising an industrial tribunal to order the payment of such a sum, by way of total or partial recoupment of either benefit, to the Secretary of State instead of to an employee, and

(c) requiring an industrial tribunal to order the payment to an employee of only the excess of the prescribed element of the monetary award over the amount of any jobseeker’s allowance or income support shown to the tribunal to have been paid to the employee and enabling the Secretary of State to recover from the employer, by way of total or partial recoupment of the benefit, a sum not exceeding that amount.

(4) Regulations under this section may be framed—

(a) so as to apply to all payments to which this section applies or to one or more classes of those payments, and

(b) so as to apply to both jobseeker’s allowance and income support, or to only jobseeker’s allowance or income support.

(5) Regulations under this section may—

(a) confer powers and impose duties on industrial tribunals or adjudication officers or other persons,

(b) impose on an employer to whom a monetary award or protective award relates a duty—

(i) to furnish particulars connected with the award, and

(ii) to suspend payments in pursuance of the award during any period prescribed by the regulations,

(c) provide for an employer who pays a sum to the Secretary of State in pursuance of this section to be relieved from any liability to pay the sum to another person,

(d) confer on an employee a right of appeal to a social security appeal tribunal against any decision of an adjudication officer as to the total or partial recoupment of an income-based jobseeker’s allowance or of income support in pursuance of the regulations, and

(e) provide for the proof in proceedings before industrial tribunals (whether by certificate or in any other manner) of any amount of jobseeker’s allowance or income support paid to an employee.

(6) Regulations under this section may make different provision for different cases.

17 Recoupment: further provisions

(1) Where in pursuance of any regulations under section 16 a sum has been recovered by or paid to the Secretary of State by way of total or partial recoupment of jobseeker’s allowance or income support—

(a) no sum shall be recoverable under Part III or V of the [1992 c. 5.] Social Security Administration Act 1992, and

(b) no abatement, payment or reduction shall be made by reference to the jobseeker’s allowance or income support recouped.

(2) Any amount found to have been duly recovered by or paid to the Secretary of State in pursuance of regulations under section 16 by way of total or partial recoupment of jobseeker’s allowance shall be paid into the National Insurance Fund.

(3) In section 16—

• “monetary award” means the amount which is awarded, or ordered to be paid, to the employee by the tribunal or would be so awarded or ordered apart from any provision of regulations under that section, and

• “the prescribed element”, in relation to any monetary award, means so much of that award as is attributable to such matters as may be prescribed by regulations under that section.

(4) In section 16“income-based jobseeker’s allowance” has the same meaning as in the [1995 c. 18.] Jobseekers Act 1995.

Conciliation

18 Conciliation

(1) This section applies in the case of industrial tribunal proceedings and claims which could be the subject of industrial tribunal proceedings—

(a) under—

(i) section 2(1) of the [1970 c. 41.] Equal Pay Act 1970,

(ii) section 63 of the [1975 c. 65.] Sex Discrimination Act 1975, or

(iii) section 54 of the [1976 c. 74.] Race Relations Act 1976,

(b) arising out of a contravention, or alleged contravention, of section 64, 68, 137, 138, 146, 168, 169, 170, 174, 188 or 190 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992,

(c) under section 8 of the [1995 c. 50.] Disability Discrimination Act 1995,

(d) arising out of a contravention, or alleged contravention, of section 8, 13, 15, 18(1), 21(1), 28 or 92, or of Part V, VI, VII or X, of the [1996 c. 18.] Employment Rights Act 1996,

(e) which are proceedings in respect of which an industrial tribunal has jurisdiction by virtue of section 3 of this Act, or

(f) arising out of a contravention, or alleged contravention, of a provision specified by an order under subsection (8)(b) as a provision to which this paragraph applies.

(2) Where an application has been presented to an industrial tribunal, and a copy of it has been sent to a conciliation officer, it is the duty of the conciliation officer—

(a) if he is requested to do so by the person by whom and the person against whom the proceedings are brought, or

(b) if, in the absence of any such request, the conciliation officer considers that he could act under this subsection with a reasonable prospect of success,

to endeavour to promote a settlement of the proceedings without their being determined by an industrial tribunal.

(3) Where at any time—

(a) a person claims that action has been taken in respect of which proceedings could be brought by him before an industrial tribunal, but

(b) before any application relating to that action has been presented by him a request is made to a conciliation officer (whether by that person or by the person against whom the proceedings could be instituted) to make his services available to them,

the conciliation officer shall act in accordance with subsection (2) as if an application had been presented to an industrial tribunal.

(4) Where a person who has presented a complaint to an industrial tribunal under section 111 of the [1996 c. 18.] Employment Rights Act 1996 has ceased to be employed by the employer against whom the complaint was made, the conciliation officer shall (for the purpose of promoting a settlement of the complaint in accordance with subsection (2)) in particular—

(a) seek to promote the reinstatement or re-engagement of the complainant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or

(b) where the complainant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, and the parties desire the conciliation officer to act, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the complainant.

(5) Where at any time—

(a) a person claims that action has been taken in respect of which a complaint could be presented by him to an industrial tribunal under section 111 of the Employment Rights Act 1996, but

(b) before any complaint relating to that action has been presented by him a request is made to a conciliation officer (whether by that person or by the employer) to make his services available to them,

the conciliation officer shall act in accordance with subsection (4) as if a complaint had been presented to an industrial tribunal under section 111.

(6) In proceeding under this section a conciliation officer shall, where appropriate, have regard to the desirability of encouraging the use of other procedures available for the settlement of grievances.

(7) Anything communicated to a conciliation officer in connection with the performance of his functions under this section shall not be admissible in evidence in any proceedings before an industrial tribunal, except with the consent of the person who communicated it to that officer.

(8) The Secretary of State may by order—

(a) direct that further provisions of the Employment Rights Act 1996 be added to the list in subsection (1)(d), or

(b) specify a provision of any other Act as a provision to which subsection (1)(f) applies.

19 Conciliation procedure

Industrial tribunal procedure regulations shall include in relation to industrial tribunal proceedings in the case of which any enactment makes provision for conciliation—

(a) provisions requiring a copy of the application by which the proceedings are instituted, and a copy of any notice relating to it which is lodged by or on behalf of the person against whom the proceedings are brought, to be sent to a conciliation officer,

(b) provisions securing that the applicant and the person against whom the proceedings are brought are notified that the services of a conciliation officer are available to them, and

(c) provisions postponing the hearing of any such proceedings for such period as may be determined in accordance with the regulations for the purpose of giving an opportunity for the proceedings to be settled by way of conciliation and withdrawn.