Employment Rights Act 1996

Statement of initial employment particulars

(1) Where a worker begins employment with an employer, the employer shall give to the worker a written statement of particulars of employment. (2) Subject to…

Statement of initial particulars: supplementary

(1) If, in the case of a statement under section 1, there are no particulars to be entered under any of the heads of paragraph (d) or (k) of subsection (4) of…

Note about disciplinary procedures and pensions

(1) A statement under section 1 shall include a note— (a) specifying any disciplinary rules applicable to the worker or referring the worker to the provisions…

Statement of changes

(1) If, after the material date, there is a change in any of the matters particulars of which are required by sections 1 to 3 to be included or referred to in…

Exclusion from rights to statements

(1) Sections 1 to 4 apply to a worker who at any time comes or ceases to come within the exceptions from those sections provided by section 199, and under…

Reasonably accessible document or collective agreement

In sections 2 to 4 references to a document or collective agreement which is reasonably accessible to a worker are references to a document or collective…

Power to require particulars of further matters

The Secretary of State may by order provide that section 1 shall have effect as if particulars of such further matters as may be specified in the order were…

Use of alternative documents to give particulars

(1) Subsections (2) and (3) apply where— (a) an employer gives a worker a document in writing in the form of a contract of employment or other worker’s…

Giving of alternative documents before start of employment

A document in the form of a contract of employment or other worker’s contract or letter of engagement given by an employer to a worker before the beginning of…

Itemised pay statement

(1) A worker has the right to be given by his employer, at or before the time at which any payment of wages or salary is made to him, a written itemised pay…

Standing statement of fixed deductions

(1) A pay statement given in accordance with section 8 need not contain separate particulars of a fixed deduction if— (a) it contains instead an aggregate…

Power to amend provisions about pay and standing statements

The Secretary of State may by order— (a) vary the provisions of sections 8 and 9 as to the particulars which must be included in a pay statement or a standing…

References to employment tribunals

(1) Where an employer does not give a worker a statement as required by section 1, 4 or 8 (either because the employer gives the worker no statement or because…

Determination of references

(1) Where, on a reference under section 11(1), an employment tribunal determines particulars as being those which ought to have been included or referred to in…

Right not to suffer unauthorised deductions

(1) An employer shall not make a deduction from wages of a worker employed by him unless— (a) the deduction is required or authorised to be made by virtue of a…

Excepted deductions

(1) Section 13 does not apply to a deduction from a worker’s wages made by his employer where the purpose of the deduction is the reimbursement of the employer…

Right not to have to make payments to employer

(1) An employer shall not receive a payment from a worker employed by him unless— (a) the payment is required or authorised to be made by virtue of a statutory…

Excepted payments

(1) Section 15 does not apply to a payment received from a worker by his employer where the purpose of the payment is the reimbursement of the employer in…

Introductory

(1) In the following provisions of this Part— “cash shortage” means a deficit arising in relation to amounts received in connection with retail transactions…

Limits on amount and time of deductions

(1) Where (in accordance with section 13) the employer of a worker in retail employment makes, on account of one or more cash shortages or stock deficiencies…

Wages determined by reference to shortages etc

(1) This section applies where— (a) by virtue of an agreement between a worker in retail employment and his employer, the amount of the worker’s wages or any…

Limits on method and timing of payments

(1) Where the employer of a worker in retail employment receives from the worker a payment on account of a cash shortage or stock deficiency, the employer…

Limit on amount of payments

(1) Where the employer of a worker in retail employment makes on any pay day one or more demands for payment in accordance with section 20, the amount or…

Final instalments of wages

(1) In this section “final instalment of wages”, in relation to a worker, means— (a) the amount of wages payable to the worker which consists of or includes an…

Complaints to employment tribunals

(1) A worker may present a complaint to an employment tribunal— (a) that his employer has made a deduction from his wages in contravention of section 13…

Determination of complaints

(1) Where a tribunal finds a complaint under section 23 well-founded, it shall make a declaration to that effect and shall order the employer— (a) in the case…

Determinations: supplementary

(1) Where, in the case of any complaint under section 23(1)(a), a tribunal finds that, although neither of the conditions set out in section 13(1)(a) and (b)…

Complaints and other remedies

Section 23 does not affect the jurisdiction of an employment tribunal to consider a reference under section 11 in relation to any deduction from the wages of a…

Meaning of “wages” etc

(1) In this Part “wages”, in relation to a worker, means any sums payable to the worker in connection with his employment, including— (a) any fee, bonus…

Exclusivity terms unenforceable in zero hours contracts

(1) In this section “zero hours contract” means a contract of employment or other worker's contract under which— (a) the undertaking to do or perform work or…

Power to make further provision in relation to zero hours workers

(1) The Secretary of State may by regulations make provision for the purpose of securing that zero hours workers, or any description of zero hours workers, are…

Right for qualifying workers to be offered guaranteed hours

(1) An employer must make a guaranteed hours offer to a worker in accordance with section 27BB after the end of every period— (a) that is a reference period in…

Requirements relating to a guaranteed hours offer

(1) An offer by an employer to a qualifying worker is a guaranteed hours offer for the purposes of this Chapter if it is an offer— (a) to vary the worker’s…

Requirements relating to a guaranteed hours offer: supplementary

(1) This section applies where— (a) a guaranteed hours offer made by an employer to a qualifying worker takes the form of an offer to enter into a new worker’s…

Guaranteed hours offer: exceptions to duty to make offer and withdrawal of offer

(1) The duty imposed by section 27BA(1) on an employer in relation to a qualifying worker does not apply if during the relevant reference period or the offer…

Acceptance or rejection of a guaranteed hours offer

(1) Where an employer makes a guaranteed hours offer to a qualifying worker and the offer is not treated as having been withdrawn by virtue of section 27BD(2)…

Information about rights conferred by Chapter 2

(1) An employer who employs a worker who it is reasonable to consider might become a qualifying worker of the employer in relation to a reference period…

Complaints to employment tribunals: grounds

(1) A worker may present a complaint to an employment tribunal that— (a) the duty imposed by section 27BA(1) applies to the worker’s employer in relation to…

Complaints to employment tribunals: time limits

(1) An employment tribunal must not consider a complaint under section 27BG(1) unless it is presented before the end of the period of six months beginning with…

Remedies

(1) Where an employment tribunal finds a complaint under section 27BG well-founded, the tribunal— (a) must make a declaration to that effect, and (b) may make…

Right to reasonable notice of a shift

(1) An employer must give to a worker reasonable notice of a shift that the employer requests or requires the worker to work if— (a) the worker is (or is to…

Right to reasonable notice of cancellation of or change to a shift

(1) Subsection (2) applies in relation to an employer and a worker where— (a) the employer has given notice of a shift to the worker, (b) the shift is one that…

Sections 27BJ and 27BK: supplementary

(1) None of the duties imposed by sections 27BJ and 27BK applies in relation to a shift that would be (or would have been) worked, or is being worked, by a…

Interaction with Chapter 4

(1) Where an employer— (a) is required to make a payment to a worker under section 27BP in relation to a shift that the employer cancels, moves or curtails at…

Complaints to employment tribunals

(1) A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with a duty imposed by section 27BJ or 27BK. (2)…

Remedies

(1) Where an employment tribunal finds a complaint under section 27BN well-founded, the tribunal— (a) must make a declaration to that effect, and (b) may make…

Right to payment for a cancelled, moved or curtailed shift

(1) An employer must make a payment of a specified amount to a worker each time that the employer cancels, moves or curtails at short notice a qualifying…

Regulations under section 27BP: supplementary

(1) Regulations under section 27BP(1) may not specify an amount to be paid to a worker in relation to the cancellation, movement or curtailment of a shift that…

Exceptions to duty to make payment for a cancelled, moved or curtailed shift

(1) The requirement to make a payment under section 27BP(1) does not apply— (a) in relation to a shift that would be (or would have been) worked, or is being…

Contractual remuneration

(1) The right of a worker to receive a payment from an employer under section 27BP(1) does not affect any right of the worker in relation to remuneration under…

Complaints to employment tribunal

(1) A worker may present a complaint to an employment tribunal that the worker’s employer— (a) has failed to make the whole or any part of a payment that the…

Remedies

(1) Where an employment tribunal finds a complaint under section 27BT(1)(a) well-founded, the tribunal must— (a) make a declaration to that effect, and (b)…

Agency workers

(1) In this Part, “agency worker” means an individual— (a) who has a worker’s contract or an arrangement with a work-finding agency by virtue of which the…

Zero hours workers, etc

(1) This section applies in relation to— (a) a duty imposed on an employer in respect of a worker, and (b) a right conferred on a worker in respect of an…

Agency workers

(1) This section applies in relation to— (a) a duty imposed on a hirer or a work-finding agency in respect of an agency worker, and (b) a right conferred on an…

Supplementary provision

(1) For the purposes of sections 27BW and 27BX, it does not matter whether— (a) terms in a collective agreement that expressly replace a duty or right relate…

Regulations

(1) The Secretary of State may by regulations make further provision for the purposes of section 27BW or 27BX. (2) The regulations may, in particular, make…

Interpretation

(1) Terms used in this Chapter that are used in— (a) Chapters 2 to 4 (rights relating to zero hours workers, etc), or (b) Chapter 5 (including Schedule A1)…

Interpretation

(1) In this Part— “agency worker” has the meaning given by section 27BV; “arrangement” (when used by itself and not as part of the expression “zero hours…

Regulations

(1) Regulations under this Part may— (a) make different provision for different purposes; (b) make provision subject to exceptions. (2) Regulations under this…

Qualifying tips, gratuities and service charges

(1) This Part makes provision for— (a) how employers must deal with qualifying tips, gratuities and service charges, and (b) the Secretary of State to issue a…

How tips etc must be dealt with

(1) An employer must ensure that the total amount of the qualifying tips, gratuities and service charges paid at, or otherwise attributable to, a place of…

Non-public places of business

(1) This section applies where— (a) qualifying tips, gratuities and service charges are paid at, or are otherwise attributable to, a non-public place of…

Independent troncs

(1) In this section “relevant tips” means the qualifying tips, gratuities and service charges that— (a) are paid at, or are otherwise attributable to, a place…

When tips etc must be dealt with

The employer must— (a) ensure that a qualifying tip, gratuity or service charge is allocated in accordance with section 27D(1), and (b) make any payment that…

Agency workers

(1) In this Part an “eligible agency worker” is an individual— (a) who is supplied by a person (the “agent”) to do work for another person (the “principal”)…

Written policy

(1) Where qualifying tips, gratuities and service charges are paid at, or are otherwise attributable to, a place of business of an employer on more than an…

Records

(1) Where qualifying tips, gratuities and service charges are paid at, or are otherwise attributable to, a place of business of an employer on more than an…

Complaints to employment tribunal about tips etc

(1) A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with— (a) section 27D (how tips etc must be…

Determination of complaints about tips etc

(1) If an employment tribunal finds a complaint under section 27K well founded— (a) it must make a declaration to that effect, and (b) it may— (i) in the case…

Compensation: dealing with tips etc

(1) If an employment tribunal makes a declaration under section 27L(1)(a), it may order the employer or agent (as the case may be) to pay to the complainant…

Complaints to employment tribunal about information

(1) A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with a requirement in section 27I (written…

Determination of complaints about information

(1) If an employment tribunal finds a complaint under section 27N well founded— (a) it must make a declaration to that effect, and (b) it may make an order…

Issue of code of practice

(1) The Secretary of State may issue a code of practice under section 27Q for the purpose of promoting fairness and transparency in the distribution of…

Procedure for issue of code of practice

(1) If the Secretary of State proposes to issue a code of practice under this section the Secretary of State must— (a) consult ACAS; (b) publish a draft of the…

Consequential revision of code of practice

(1) A code of practice issued under section 27Q may be revised by the Secretary of State in accordance with this section for the purpose of bringing it into…

Revocation of code of practice

A code of practice issued under this Part may be revoked by the Secretary of State by regulations.

Failure to comply with code of practice

(1) In proceedings before an employment tribunal, a code of practice issued under this Part is to be admissible in evidence, and any provision of the code of…

No restitution claims by employer

(1) This section applies where— (a) a worker is allocated an amount of qualifying tips, gratuities and service charges in accordance with section 27D(1) (the…

Relationship with contractual rights

(1) An entitlement of a worker to be allocated qualifying tips, gratuities and service charges under this Part does not affect any contractual right of the…

Restrictions on contracting out of this Part

(1) A prohibited reimbursement provision in an agreement between an employer and a worker (whether in a contract of employment or not) is void. (2) A provision…

Interpretation

(1) In this Part— “customer”, in relation to an employer, includes any person who is provided with services by the employer; “place of business”, in relation…

Application

This Part applies in respect of tips, gratuities and service charges paid by customers on or after the date on which section 27D comes into force.

Right to guarantee payment

(1) Where throughout a day during any part of which an employee would normally be required to work in accordance with his contract of employment the employee…

Exclusions from right to guarantee payment

(1) An employee is not entitled to a guarantee payment unless he has been continuously employed for a period of not less than one month ending with the day…

Calculation of guarantee payment

(1) Subject to section 31, the amount of a guarantee payment payable to an employee in respect of any day is the sum produced by multiplying the number of…

Limits on amount of and entitlement to guarantee payment

(1) The amount of a guarantee payment payable to an employee in respect of any day shall not exceed £41. (2) An employee is not entitled to guarantee payments…

Contractual remuneration

(1) A right to a guarantee payment does not affect any right of an employee in relation to remuneration under his contract of employment (“contractual…

Power to modify provisions about guarantee payments

The Secretary of State may by order provide that in relation to any description of employees the provisions of— (a) sections 28(4) and (5), 30, 31(3) to (5)…

Complaints to employment tribunals

(1) An employee may present a complaint to an employment tribunal that his employer has failed to pay the whole or any part of a guarantee payment to which the…

Exemption orders

(1) Where— (a) at any time there is in force a collective agreement, or an agricultural wages order, under which employees to whom the agreement or order…

Protected shop workers and betting workers

— s. 36 — Protected shop workers and betting workers (1) Subject to subsection (5), a shop worker or betting worker is to be regarded as “protected” for the…

Contractual requirements relating to Sunday work

(1) Any contract of employment under which a shop worker or betting worker who satisfies section 36(2)(a) was employed on the day before the relevant…

Contracts with guaranteed hours

(1) This section applies where— (a) under the contract of employment under which a shop worker or betting worker who satisfies section 36(2)(a) was employed on…

Reduction of pay etc

(1) This section applies where— (a) under the contract of employment under which a shop worker or betting worker who satisfies section 36(2)(a) was employed on…

Notice of objection to Sunday working

(1) A shop worker or betting worker to whom this section applies may at any time give his employer written notice, signed and dated by the shop worker or…

Opted-out shop workers and betting workers

(1) Subject to subsection (2), a shop worker or betting worker is to be regarded as “opted-out” for the purposes of any provision of this Act if (and only if)—…

Notice of objection by shop workers to working additional hours on Sunday

(1) A shop worker may at any time give to his or her employer a written notice, signed and dated by the shop worker, to the effect that he or she objects to…

Explanatory statement: persons who become shop workers

(1) This section applies where a person becomes a shop worker who, under a contract of employment, is or may be required to do shop work on Sundays. (2) The…

Explanatory statement: shop workers at commencement date

(1) This section applies where— (a) under a contract of employment a shop worker is or may be required to do shop work on Sundays, and (b) the shop worker was…

Failure to give explanatory statement under section 41B or 41C

(1) This section applies if an employer fails to give to a shop worker a written statement in accordance with— (a) section 41B(2) and (3), or (b) section…

Explanatory statement: betting workers

(1) Where a person becomes a ... betting worker to whom section 40 applies, his employer shall, before the end of the period of two months beginning with the…

Contractual requirements relating to Sunday work: opting-out notices

(1) Where a shop worker or betting worker gives his employer an opting-out notice, the contract of employment under which he was employed immediately before he…

Contractual requirements relating to working additional hours on Sundays: objection notices

(1) Where a shop worker gives to his or her employer an objection notice, any agreement entered into between the shop worker and the employer becomes…

Interpretation

(1) In this Part— “additional hours” has the meaning given in section 41A(2); “large shop” means a shop which has a relevant floor area exceeding 280 square…

Meaning of “protected disclosure”

In this Act a “ protected disclosure ” means a qualifying disclosure (as defined by section 43B) which is made by a worker in accordance with any of sections…

Disclosures qualifying for protection

(1) In this Part a “ qualifying disclosure ” means any disclosure of information which, in the reasonable belief of the worker making the disclosure, is made…

Disclosure to employer or other responsible person

(1) A qualifying disclosure is made in accordance with this section if the worker makes the disclosure ...— (a) to his employer, or (b) where the worker…

Disclosure to legal adviser

A qualifying disclosure is made in accordance with this section if it is made in the course of obtaining legal advice.

Disclosure to Minister of the Crown

A qualifying disclosure is made in accordance with this section if— (a) the worker’s employer is— (i) an individual appointed under any enactment (including…

Disclosure to prescribed person

(1) A qualifying disclosure is made in accordance with this section if the worker— (a) makes the disclosure ... to a person prescribed by an order made by the…

Prescribed persons: duty to report on disclosures of information

(1) The Secretary of State may make regulations requiring a person prescribed for the purposes of section 43F to produce an annual report on disclosures of…

Disclosure in other cases

(1) A qualifying disclosure is made in accordance with this section if— (a) … (b) the worker reasonably believes that the information disclosed, and any…

Disclosure of exceptionally serious failure

(1) A qualifying disclosure is made in accordance with this section if— (a) … (b) the worker reasonably believes that the information disclosed, and any…

Contractual duties of confidentiality

(1) Any provision in an agreement to which this section applies is void in so far as it purports to preclude the worker from making a protected disclosure. (2)…

Extension of meaning of “worker” etc. for Part IVA

(1) For the purposes of this Part “ worker ” includes an individual who is not a worker as defined by section 230(3) but who— (a) works or worked for a person…

Application of this Part and related provisions to police

(1) For the purposes of— (a) this Part, (b) section 47B and sections 48 and 49 so far as relating to that section, and (c) section 103A and the other…

Other interpretative provisions

(1) In this Part— “ qualifying disclosure ” has the meaning given by section 43B; “ the relevant failure ”, in relation to a qualifying disclosure, has the…

Jury service

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer on the ground that the…

Health and safety cases

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that— (a)…

Sunday working for shop and betting workers

(1) An employee who is— (a) a protected shop worker or an opted-out shop worker, or (b) a protected betting worker or an opted-out betting worker, has the…

Sunday working for shop workers: additional hours

(1) Subsection (2) applies where a shop worker has given an objection notice to his or her employer and the notice has not been withdrawn. (2) The shop worker…

Working time cases

(1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the…

Trustees of occupational pension schemes

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that, being…

Employee representatives

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that…

Employees exercising right to time off work for study or training

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer or the principal (within the…

Protected disclosures

(1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the…

Leave for family and domestic reasons

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done for a prescribed reason…

Tax credits

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer, done on the ground that— (a)…

Flexible working

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the…

Study and training

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground…

Employee shareholder status

(1) An employee has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground…

Complaints to employment tribunals

(1) An employee may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 43M, 44(1), 45, 46, 47…

Remedies

(1) Where an employment tribunal finds a complaint under section 48(1), (1XA), (1ZA), (1A) or (1B) well-founded, the tribunal— (a) shall make a declaration to…

Application to police of section 44 and related provisions

(1) For the purposes of section 44, and of sections 48 and 49 so far as relating to that section, the holding, otherwise than under a contract of employment…

Regulations prohibiting discrimination because of protected disclosure

(1) The Secretary of State may make regulations prohibiting an NHS employer from discriminating against an applicant because it appears to the NHS employer…

Redundancy or dismissal during a protected period of pregnancy

— s. 49D — Redundancy or dismissal during a protected period of pregnancy (1) The Secretary of State may, by regulations, make provision about redundancy…

Section 49D: supplemental

Regulations under section 49D may— (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and…

Right to time off for public duties

(1) An employer shall permit an employee of his who is— (a) a justice of the peace, or (b) an independent prison monitor appointed in accordance with section…

Complaints to employment tribunals

(1) An employee may present a complaint to an employment tribunal that his employer has failed to permit him to take time off as required by section 50. (2) An…

Right to time off to look for work or arrange training

(1) An employee who is given notice of dismissal by reason of redundancy is entitled to be permitted by his employer to take reasonable time off during the…

Right to remuneration for time off under section 52

(1) An employee who is permitted to take time off under section 52 is entitled to be paid remuneration by his employer for the period of absence at the…

Complaints to employment tribunals

(1) An employee may present a complaint to an employment tribunal that his employer— (a) has unreasonably refused to permit him to take time off as required by…

Right to time off for ante-natal care

(1) An employee who— (a) is pregnant, and (b) has, on the advice of a registered medical practitioner, registered midwife or registered nurse, made an…

Right to remuneration for time off under section 55

(1) An employee who is permitted to take time off under section 55 is entitled to be paid remuneration by her employer for the period of absence at the…

Complaints to employment tribunals

(1) An employee may present a complaint to an employment tribunal that her employer— (a) has unreasonably refused to permit her to take time off as required by…

Right to time off for ante-natal care (agency workers)

(1) An agency worker who— (a) is pregnant, and (b) has, on the advice of a registered medical practitioner, registered midwife or registered nurse, made an…

Right to remuneration for time off under section 57ZA

(1) An agency worker who is permitted to take time off under section 57ZA is entitled to be paid remuneration by the temporary work agency for the period of…

Complaint to employment tribunal: agency workers

(1) An agency worker may present a complaint to an employment tribunal that the temporary work agency— (a) has unreasonably refused to permit her to take time…

Agency workers: supplementary

(1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law sections 57ZA to 57ZC do not apply where the…

Right to time off to accompany to ante-natal appointment

(1) An employee who has a qualifying relationship with a pregnant woman or her expected child is entitled to be permitted by his or her employer to take time…

Complaint to employment tribunal

(1) An employee may present a complaint to an employment tribunal that his or her employer has unreasonably refused to let him or her take time off as required…

Right to time off to accompany to ante-natal appointment: agency workers

(1) An agency worker who has a qualifying relationship with a pregnant woman or her expected child is entitled to be permitted, by the temporary work agency…

Complaint to employment tribunal: agency workers

(1) An agency worker may present a complaint to an employment tribunal that the temporary work agency has unreasonably refused to let him or her take time off…

Agency workers: supplementary

(1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law, sections 57ZG and 57ZH do not apply where…

Right to paid time off to attend adoption appointments

(1) An employee who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee alone is…

Right to remuneration for time off under section 57ZJ

(1) An employee who is permitted to take time off under section 57ZJ is entitled to be paid remuneration by his or her employer for the number of working hours…

Right to unpaid time off to attend adoption appointments

(1) An employee who— (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee and another…

Complaint to employment tribunal

(1) An employee may present a complaint to an employment tribunal that his or her employer— (a) has unreasonably refused to let him or her take time off as…

Right to paid time off to attend adoption appointments: agency workers

(1) An agency worker who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker alone…

Right to remuneration for time off under section 57ZN

(1) An agency worker who is permitted to take time off under section 57ZN is entitled to be paid remuneration by the temporary work agency for the number of…

Right to unpaid time off to attend adoption meetings: agency workers

(1) An agency worker who— (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker…

Complaint to employment tribunal: agency workers

(1) An agency worker may present a complaint to an employment tribunal that the temporary work agency— (a) has unreasonably refused to let him or her take time…

Agency workers: supplementary

(1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law, sections 57ZN to 57ZQ do not apply where…

Placement of looked after children with prospective adopters

(1) Subsection (2) applies where a local authority in England notifies a person— (a) who is a local authority foster parent, and (b) who has been approved as a…

Time off for dependants

(1) An employee is entitled to be permitted by his employer to take a reasonable amount of time off during the employee’s working hours in order to take action…

Complaint to employment tribunal

(1) An employee may present a complaint to an employment tribunal that his employer has unreasonably refused to permit him to take time off as required by…

Right to time off for pension scheme trustees

(1) The employer in relation to a relevant occupational pension scheme shall permit an employee of his who is a trustee of the scheme to take time off during…

Right to payment for time off under section 58

(1) An employer who permits an employee to take time off under section 58 shall pay him for the time taken off pursuant to the permission. (2) Where the…

Complaints to employment tribunals

(1) An employee may present a complaint to an employment tribunal that his employer— (a) has failed to permit him to take time off as required by section 58…

Right to time off for employee representatives

(1) An employee who is— (a) an employee representative for the purposes of Chapter II of Part IV of the Trade Union and Labour Relations (Consolidation) Act…

Right to remuneration for time off under section 61

(1) An employee who is permitted to take time off under section 61 is entitled to be paid remuneration by his employer for the time taken off at the…

Complaints to employment tribunals

(1) An employee may present a complaint to an employment tribunal that his employer— (a) has unreasonably refused to permit him to take time off as required by…

Right to time off for young person in Wales or Scotland for study or training

(1) An employee who— (a) is aged 16 or 17, (b) is not receiving full-time secondary or further education, and (c) has not attained such standard of achievement…

Right to remuneration for time off under section 63A

(1) An employee who is permitted to take time off under section 63A is entitled to be paid remuneration by his employer for the time taken off at the…

Complaints to employment tribunals

(1) An employee may present a complaint to an employment tribunal that— (a) his employer, or the principal referred to in subsection (3) of section 63A, has…

Statutory right to make request in relation to study or training

(1) A qualifying employee may make an application under this section to his or her employer. (2) An application under this section (a “section 63D…

Section 63D application: supplementary

(1) A section 63D application may— (a) be made in relation to study or training of any description (subject to section 63D(3) and (4) and regulations under…

Employer's duties in relation to application

(1) Subsections (4) to (7) apply if— (a) an employer receives a section 63D application (the “current application”) from an employee, and (b) during the…

Regulations about dealing with applications

(1) Regulations under section 63F(4) may, in particular, include provision— (a) for the employee to have a right to be accompanied by a person of a specified…

Employee's duties in relation to agreed study or training

(1) This section applies if an employer has agreed to a section 63D application, or part of a section 63D application, made by an employee in relation to…

Complaints to employment tribunals

(1) An employee who makes a section 63D application may present a complaint to an employment tribunal that— (a) the employer has failed to comply with section…

Remedies

(1) If an employment tribunal finds a complaint under section 63I well-founded it must make a declaration to that effect and may— (a) make an order for…

Supplementary

Regulations under this Part may make different provision for different cases.

Right to remuneration on suspension on medical grounds

(1) An employee who is suspended from work by his employer on medical grounds is entitled to be paid by his employer remuneration while he is so suspended for…

Exclusions from right to remuneration

(1) An employee is not entitled to remuneration under section 64 unless he has been continuously employed for a period of not less than one month ending with…

Meaning of suspension on maternity grounds

(1) For the purposes of this Part an employee is suspended from work on maternity grounds if, in consequence of any relevant requirement or relevant…

Right to offer of alternative work

(1) Where an employer has available suitable alternative work for an employee, the employee has a right to be offered to be provided with the alternative work…

Right to remuneration

(1) An employee who is suspended from work on maternity grounds is entitled to be paid remuneration by her employer while she is so suspended. (2) An employee…

Meaning of ending the supply of an agency worker on maternity grounds

(1) For the purposes of this Part the supply of an agency worker to a hirer is ended on maternity grounds if, in consequence of action taken pursuant to a…

Right to offer of alternative work

(1) Where the supply of an agency worker to a hirer is ended on maternity grounds and the temporary work agency has available suitable alternative work, the…

Right to remuneration

(1) Where the supply of an agency worker to a hirer is ended on maternity grounds, that agency worker is entitled to be paid remuneration by the temporary work…

Agency workers: supplementary

(1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law sections 68A, 68B and 68C do not apply where…

Calculation of remuneration

(1) The amount of remuneration payable by an employer to an employee under section 64 or 68 is a week’s pay in respect of each week of the period of…

Calculation of remuneration (agency workers)

(1) The amount of remuneration payable by a temporary work agency to an agency worker under section 68C is a week's pay in respect of each week for which…

Complaints to employment tribunals

(1) An employee may present a complaint to an employment tribunal that his or her employer has failed to pay the whole or any part of remuneration to which the…

Complaints to employment tribunals: agency workers

(1) An agency worker may present a complaint to an employment tribunal that the temporary work agency has failed to pay the whole or any part of remuneration…

s. 71

(1) An employee may, provided that she satisfies any conditions which may be prescribed, be absent from work at any time during an ordinary maternity leave…

Compulsory maternity leave

(1) An employer shall not permit an employee who satisfies prescribed conditions to work during a compulsory maternity leave period. (2) A compulsory maternity…

Additional maternity leave

(1) An employee who satisfies prescribed conditions may be absent from work at any time during an additional maternity leave period. (2) An additional…

Redundancy and dismissal

(1) Regulations under section 71 or 73 may make provision about redundancy during, or after, an ordinary or additional maternity leave period. (2) Regulations…

Sections 71 to 73: supplemental

(1) Regulations under section 71, 72 or 73 may— (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by…

Ordinary adoption leave

(1) An employee who satisfies prescribed conditions may be absent from work at any time during an ordinary adoption leave period. (1A) The conditions that may…

Additional adoption leave

(1) An employee who satisfies prescribed conditions may be absent from work at any time during an additional adoption leave period. (2) An additional adoption…

Redundancy and dismissal

(1) Regulations under section 75A or 75B may make provision about— (a) redundancy during, or after, an ordinary or additional adoption leave period, or (b)…

Chapter 1A: supplemental

(1) Regulations under section 75A or 75B may— (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by…

Entitlement to shared parental leave: birth

(1) The Secretary of State may make regulations entitling an employee who satisfies specified conditions— (a) as to duration of employment, (b) as to being, or…

Entitlement to leave under section 75E: further provision

(1) Regulations under section 75E are to include provision for determining— (a) the amount of leave under section 75E(1) or (4) to which an employee is…

Entitlement to shared parental leave: adoption

(1) The Secretary of State may make regulations entitling an employee who satisfies specified conditions— (a) as to duration of employment, (b) as to being a…

Entitlement to leave under section 75G: further provision

(1) Regulations under section 75G are to include provision for determining— (a) the amount of leave under section 75G(1) or (4) to which an employee is…

Rights during and after shared parental leave

(1) Regulations under section 75E or 75G are to provide— (a) that an employee who is absent on leave under that section is entitled, for such purposes and to…

Redundancy and dismissal

(1) Regulations under section 75E or 75G may make provision about— (a) redundancy during, or after, a period of leave under that section, or (b) dismissal…

Chapter 1B: supplemental

(1) Regulations under section 75E or 75G may— (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by— (i)…

Entitlement to parental leave

(1) The Secretary of State shall make regulations entitling an employee who satisfies specified conditions— (a) … (b) as to having, or expecting to have…

Rights during and after parental leave

(1) Regulations under section 76 shall provide— (a) that an employee who is absent on parental leave is entitled, for such purposes and to such extent as may…

Special cases

(1) Regulations under section 76 may make provision— (a) about redundancy during a period of parental leave; (b) about dismissal (other than by reason of…

Supplemental

(1) Regulations under section 76 may, in particular— (a) make provision about notices to be given and evidence to be produced by employees to employers, by…

Complaint to employment tribunal

(1) An employee may present a complaint to an employment tribunal that his employer— (a) has unreasonably postponed a period of parental leave requested by the…

Entitlement to ... paternity leave: birth

(1) The Secretary of State shall make regulations entitling an employee who satisfies specified conditions— (a) … (b) as to relationship with a newborn, or…

Entitlement to ... paternity leave: adoption

(1) The Secretary of State shall make regulations entitling an employee who satisfies specified conditions— (a) … (b) as to relationship with a child placed…

Rights during and after paternity leave

(1) Regulations under section 80A ... shall provide— (a) that an employee who is absent on leave under that section is entitled, for such purposes and to such…

Special cases

(1) Regulations under section 80A or 80B may make provision about— (a) redundancy, or (b) dismissal (other than by reason of redundancy), during a period of…

Chapter 3: supplemental

(1) Regulations under section 80A or 80B may— (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by…

Parental bereavement Bereavement leave

(1) The Secretary of State must make regulations entitling an employee who is a bereaved parent bereaved person to be absent from work on leave under this…

Rights during and after bereavement leave

(1) Regulations under section 80EA must provide— (a) that an employee who is absent on leave under that section is entitled, for such purposes and to such…

Special cases

(1) Regulations under section 80EA may make provision about— (a) redundancy, or (b) dismissal (other than by reason of redundancy), during a period of leave…

Chapter 4: supplemental

Regulations under section 80EA may— (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and…

Application in relation to stillbirths

In this Chapter— (a) references to a child include a child stillborn after twenty-four weeks of pregnancy, and (b) references to the death of a child are to be…

Neonatal care leave

— s. 80EF — Neonatal care leave (1) The Secretary of State must make regulations entitling an employee to be absent from work on leave under this section if…

Rights during and after neonatal care leave

(1) Regulations under section 80EF must provide— (a) that an employee who is absent on leave under that section is entitled, for such purposes and to such…

Special cases

(1) Regulations under section 80EF may make provision about— (a) redundancy during or after a period of leave under that section, or (b) dismissal (other than…

Chapter 5: supplemental

(1) Regulations under section 80EF may— (a) specify circumstances where neonatal care is to be regarded as continuous despite an interruption; (b) make…

Statutory right to request contract variation

(1) A qualifying employee may apply to his employer for a change in his terms and conditions of employment if— (a) the change relates to— (i) the hours he is…

Employer’s duties in relation to application under section 80F

(1) An employer to whom an application under section 80F is made— (a) shall deal with the application in a reasonable manner, (aza) shall not refuse the…

Complaints to employment tribunals

(1) An employee who makes an application under section 80F may present a complaint to an employment tribunal— (a) that his employer has failed in relation to…

Remedies

(1) Where an employment tribunal finds a complaint under section 80H well-founded it shall make a declaration to that effect and may— (a) make an order for…

Carer’s leave

— s. 80J — Carer’s leave (1) The Secretary of State must make regulations entitling an employee to be absent from work on leave under this section in order to…

Rights during and after carer’s leave

(1) Regulations under section 80J must provide— (a) that an employee who is absent on leave under that section is entitled, for such purposes and to such…

Special cases

(1) Regulations under section 80J may make provision about— (a) redundancy during or after a period of leave under that section; (b) dismissal (other than by…

Part 8B: supplemental

(1) Regulations under section 80J may— (a) make provision about notices to be given and other procedures to be followed by employees and employers; (b) make…

Complaint to employment tribunal

(1) An employee may complain to an employment tribunal that their employer— (a) has unreasonably postponed a period of carer’s leave, or (b) has prevented or…

Rights of employer and employee to minimum notice

(1) The notice required to be given by an employer to terminate the contract of employment of a person who has been continuously employed for one month or…

Rights of employee in period of notice

(1) If an employer gives notice to terminate the contract of employment of a person who has been continuously employed for one month or more, the provisions of…

Employments with normal working hours

(1) If an employee has normal working hours under the contract of employment in force during the period of notice and during any part of those normal working…

Employments without normal working hours

(1) If an employee does not have normal working hours under the contract of employment in force in the period of notice, the employer is liable to pay the…

Short-term incapacity benefit, contributory employment and support allowance and industrial injury benefit

(1) This section has effect where the arrangements in force relating to the employment are such that— (a) payments by way of sick pay are made by the employer…

Supplementary

(1) An employer is not liable under section 88 or 89 to make any payment in respect of a period during which an employee is absent from work with the leave of…

Right to written statement of reasons for dismissal

(1) An employee is entitled to be provided by his employer with a written statement giving particulars of the reasons for the employee’s dismissal— (a) if the…

Complaints to employment tribunal

(1) A complaint may be presented to an employment tribunal by an employee on the ground that— (a) the employer unreasonably failed to provide a written…

The right

— s. 94 — The right (1) An employee has the right not to be unfairly dismissed by his employer. (2) Subsection (1) has effect subject to the following…

Circumstances in which an employee is dismissed

(1) For the purposes of this Part an employee is dismissed by his employer if (and, subject to subsection (2) … , only if)— (a) the contract under which he is…

Effective date of termination

(1) Subject to the following provisions of this section, in this Part “the effective date of termination”— (a) in relation to an employee whose contract of…

General

(1) In determining for the purposes of this Part whether the dismissal of an employee is fair or unfair, it is for the employer to show— (a) the reason (or, if…

Jury service

(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal…

Leave for family reasons

(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if— (a) the reason or principal reason for the dismissal…

Health and safety cases

(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal…

Shop workers and betting workers who refuse Sunday work

(1) Where an employee who is— (a) a protected shop worker or an opted-out shop worker, or (b) a protected betting worker or an opted-out betting worker, is…

Shop workers who refuse to work additional hours on Sunday

(1) Subsection (2) applies where a shop worker has given an objection notice that has not been withdrawn and he or she is dismissed. (2) The shop worker is to…

Working time cases

1 An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason)…

Trustees of occupational pension schemes

(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal…

Employee representatives

(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal…

Protected disclosure

An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason)…

Assertion of statutory right

(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal…

The national minimum wage

(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal…

Tax credits

(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal…

Flexible working

An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason)…

Pension enrolment

(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal…

Study and training

An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason)…

Blacklists

(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal…

Employee shareholder status

An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason)…

Contracts of employment: restricted variations

(1) An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if— (a) the employee was employed for the purposes of a…

Contracts of employment: variations that are not restricted variations

(1) This section applies to the dismissal of an employee if— (a) the employee was employed for the purposes of a business carried on by the employer, and (b)…

Redundancy: replacement of employees with people who are not employees

(1) An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if— (a) the employee was employed for the purposes of a…

Redundancy

(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if— (a) the reason (or, if more than one, the principal…

Replacements

(1) Where this section applies to an employee he shall be regarded for the purposes of section 98(1)(b) as having been dismissed for a substantial reason of a…

Pressure on employer to dismiss unfairly

(1) This section applies where there falls to be determined for the purposes of this Part a question— (a) as to the reason, or principal reason, for which an…

Qualifying period of employment

(1) Section 94 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than two years ending with the…

Dismissal procedures agreements

(1) Where a dismissal procedures agreement is designated by an order under subsection (3) which is for the time being in force— (a) the provisions of that…

Complaints to employment tribunal

(1) A complaint may be presented to an employment tribunal against an employer by any person that he was unfairly dismissed by the employer. (2) Subject to the…

Confidentiality of negotiations before termination of employment

(1) Evidence of pre-termination negotiations is inadmissible in any proceedings on a complaint under section 111. This is subject to subsections (3) to (5)…

The remedies: orders and compensation

(1) This section applies where, on a complaint under section 111, an employment tribunal finds that the grounds of the complaint are well-founded. (2) The…

The orders

An order under this section may be— (a) an order for reinstatement (in accordance with section 114), or (b) an order for re-engagement (in accordance with…

Order for reinstatement

(1) An order for reinstatement is an order that the employer shall treat the complainant in all respects as if he had not been dismissed. (2) On making an…

Order for re-engagement

(1) An order for re-engagement is an order, on such terms as the tribunal may decide, that the complainant be engaged by the employer, or by a successor of the…

Choice of order and its terms

(1) In exercising its discretion under section 113 the tribunal shall first consider whether to make an order for reinstatement and in so doing shall take into…

Enforcement of order and compensation

(1) An employment tribunal shall make an award of compensation, to be paid by the employer to the employee, if— (a) an order under section 113 is made and the…

General

(1) … Where a tribunal makes an award of compensation for unfair dismissal under section 112(4) or 117(3)(a) the award shall consist of— (a) a basic award…

Basic award

(1) Subject to the provisions of this section, sections 120 to 122 and section 126, the amount of the basic award shall be calculated by— (a) determining the…

Basic award: minimum in certain cases

(1) The amount of the basic award (before any reduction under section 122) shall not be less than £9,157 where the reason (or, if more than one, the principal…

Basic award of two weeks’ pay in certain cases

The amount of the basic award shall be two weeks’ pay where the tribunal finds that the reason (or, where there is more than one, the principal reason) for the…

Basic award: reductions

(1) Where the tribunal finds that the complainant has unreasonably refused an offer by the employer which (if accepted) would have the effect of reinstating…

Compensatory award

(1) Subject to the provisions of this section and sections 124, 124A and 126, the amount of the compensatory award shall be such amount as the tribunal…

Limit of compensatory award etc

(1) The amount of— (a) any compensation awarded to a person under section 117(1) and (2), or (b) a compensatory award to a person calculated in accordance with…

Adjustments under the Employment Act 2002

Where an award of compensation for unfair dismissal falls to be— (a) reduced or increased under section 207A of the Trade Union and Labour Relations…

Acts which are both unfair dismissal and discrimination

(1) This section applies where compensation falls to be awarded in respect of any act both under— (a) the provisions of this Act relating to unfair dismissal…

Interim relief pending determination of complaint

(1) An employee who presents a complaint to an employment tribunal that he has been unfairly dismissed and— (a) that the reason (or if more than one the…

Procedure on hearing of application and making of order

(1) This section applies where, on hearing an employee's application for interim relief, it appears to the tribunal that it is likely that on determining the…

Order for continuation of contract of employment

(1) An order under section 129 for the continuation of a contract of employment is an order that the contract of employment continue in force— (a) for the…

Application for variation or revocation of order

(1) At any time between— (a) the making of an order under section 129, and (b) the determination or settlement of the complaint, the employer or the employee…

Consequence of failure to comply with order

(1) If, on the application of an employee, an employment tribunal is satisfied that the employer has not complied with the terms of an order for the…

Death of employer or employee

(1) Where— (a) an employer has given notice to an employee to terminate his contract of employment, and (b) before that termination the employee or the…

Teachers in aided schools

(1) Where a teacher in a foundation, voluntary aided or foundation special school is dismissed by the governing body of the school in pursuance of a…

Application to police

(1) For the purposes of section 100, and of the other provisions of this Part so far as relating to the right not to be unfairly dismissed in a case where the…

The right

(1) An employer shall pay a redundancy payment to any employee of his if the employee— (a) is dismissed by the employer by reason of redundancy, or (b) is…

Circumstances in which an employee is dismissed

(1) Subject to the provisions of this section and sections 137 and 138, for the purposes of this Part an employee is dismissed by his employer if (and only…

No dismissal in cases of renewal of contract or re-engagement

(1) Where— (a) an employee’s contract of employment is renewed, or he is re-engaged under a new contract of employment in pursuance of an offer (whether in…

Redundancy

payments etc. — Chapter II – Right on dismissal by reason of redundancy — Dismissal by reason of redundancy — s. 139 — Redundancy (1) For the purposes of this…

Summary dismissal

(1) Subject to subsections (2) and (3), an employee is not entitled to a redundancy payment by reason of dismissal where his employer, being entitled to…

Renewal of contract or re-engagement

(1) This section applies where an offer (whether in writing or not) is made to an employee before the end of his employment— (a) to renew his contract of…

Employee anticipating expiry of employer’s notice

(1) Subject to subsection (3), an employee is not entitled to a redundancy payment where— (a) he is taken to be dismissed by virtue of section 136(3) by reason…

Strike during currency of employer’s notice

(1) This section applies where— (a) an employer has given notice to an employee to terminate his contract of employment (“notice of termination”), (b) after…

Provisions supplementary to section 143

(1) For the purposes of section 143 an employee complies with the request contained in a notice of extension if, but only if, on each available day within the…

The relevant date

(1) For the purposes of the provisions of this Act relating to redundancy payments “the relevant date” in relation to the dismissal of an employee has the…

Provisions supplementing sections 138 and 141

(1) In sections 138 and 141— (a) references to re-engagement are to re-engagement by the employer or an associated employer, and (b) references to an offer are…

Meaning of “lay-off” and “short-time”

(1) For the purposes of this Part an employee shall be taken to be laid off for a week if— (a) he is employed under a contract on terms and conditions such…

Eligibility by reason of lay-off or short-time

(1) Subject to the following provisions of this Part, for the purposes of this Part an employee is eligible for a redundancy payment by reason of being laid…

Counter-notices

Where an employee gives to his employer notice of intention to claim but— (a) the employer gives to the employee, within seven days after the service of that…

Resignation

(1) An employee is not entitled to a redundancy payment by reason of being laid off or kept on short-time unless he terminates his contract of employment by…

Dismissal

(1) An employee is not entitled to a redundancy payment by reason of being laid off or kept on short-time if he is dismissed by his employer. (2) Subsection…

Likelihood of full employment

(1) An employee is not entitled to a redundancy payment in pursuance of a notice of intention to claim if— (a) on the date of service of the notice it was…

The relevant date

For the purposes of the provisions of this Act relating to redundancy payments “the relevant date” in relation to a notice of intention to claim or a right to…

Provisions supplementing sections 148 and 152

For the purposes of sections 148(2) and 152(2)— (a) it is immaterial whether a series of weeks consists wholly of weeks for which the employee is laid off or…

Qualifying period of employment

An employee does not have any right to a redundancy payment unless he has been continuously employed for a period of not less than two years ending with the…

Exemption orders

(1) Where an order under this section is in force in respect of an agreement covered by this section, an employee who, immediately before the relevant date, is…

Public offices etc

A person does not have any right to a redundancy payment in respect of any employment which— (a) is employment in a public office within the meaning of section…

Overseas government employment

(1) A person does not have any right to a redundancy payment in respect of employment in any capacity under the Government of an overseas territory. (2) The…

Domestic servants

(1) A person does not have any right to a redundancy payment in respect of employment as a domestic servant in a private household where the employer is the…

Amount of a redundancy payment

(1) The amount of a redundancy payment shall be calculated by— (a) determining the period, ending with the relevant date, during which the employee has been…

References to employment tribunals

(1) Any question arising under this Part as to— (a) the right of an employee to a redundancy payment, or (b) the amount of a redundancy payment, shall be…

Claims for redundancy payment

(1) An employee does not have any right to a redundancy payment unless, before the end of the period of six months beginning with the relevant date— (a) the…

Written particulars of redundancy payment

(1) On making any redundancy payment, otherwise than in pursuance of a decision of a tribunal which specifies the amount of the payment to be made, the…

Applications for payments

(1) Where an employee claims that his employer is liable to pay to him an employer’s payment and either— (a) that the employee has taken all reasonable steps…

Making of payments

(1) Where, on an application under section 166 by an employee in relation to an employer’s payment, the Secretary of State is satisfied that the requirements…

Amount of payments

(1) The sum payable to an employee by the Secretary of State under section 167— (a) where the employer’s payment to which the employee’s application under…

Information relating to applications for payments

(1) Where an employee makes an application to the Secretary of State under section 166, the Secretary of State may, by notice in writing given to the employer…

References to employment tribunals

(1) Where on an application made to the Secretary of State for a payment under section 166 it is claimed that an employer is liable to pay an employer’s…

Employment not under contract of employment

(1) The Secretary of State may by regulations provide that, subject to such exceptions and modifications as may be prescribed by the regulations, this Part and…

Termination of employment by statute

(1) The Secretary of State may by regulations provide that, subject to such exceptions and modifications as may be prescribed by the regulations, this Part has…

Employees paid by person other than employer

(1) For the purposes of the operation of the provisions of this Part (and Chapter I of Part XIV) in relation to any employee whose remuneration is, by virtue…

Death of employer: dismissal

(1) Where the contract of employment of an employee is taken for the purposes of this Part to be terminated by his employer by reason of the employer’s death…

Death of employer: lay-off and short-time

(1) Where an employee is laid off or kept on short-time and his employer dies, this Part has effect in accordance with the following provisions of this…

Death of employee

(1) Where an employee whose employer has given him notice to terminate his contract of employment dies before the notice expires, this Part applies as if the…

References to employment tribunals

(1) Where the terms and conditions (whether or not they constitute a contract of employment) on which a person is employed in employment of any description…

Old statutory compensation schemes

(1) The Secretary of State may make provision by regulations for securing that where— (a) (apart from this section) a person is entitled to compensation under…

Notices

(1) Any notice which under this Part is required or authorised to be given by an employer to an employee may be given by being delivered to the employee, or…

Offences

(1) Where an offence under this Part committed by a body corporate is proved— (a) to have been committed with the consent or connivance of, or (b) to be…

Interpretation

(1) In this Part— “counter-notice” shall be construed in accordance with section 149(a), “dismissal” and “dismissed” shall be construed in accordance with…

Employee’s rights on insolvency of employer

If, on an application made to him in writing by an employee, the Secretary of State is satisfied that— (a) the employee’s employer has become insolvent, (b)…

Insolvency

of employers — s. 183 — Insolvency (1) An employer has become insolvent for the purposes of this Part— (a) where the employer is an individual, if (but only…

Debts to which Part applies

(1) This Part applies to the following debts— (a) any arrears of pay in respect of one or more (but not more than eight) weeks, (b) any amount which the…

The appropriate date

In this Part “the appropriate date”— (a) in relation to arrears of pay (not being remuneration under a protective award made under section 189 of the Trade…

Limit on amount payable under section 182

(1) The total amount payable to an employee in respect of any debt to which this Part applies, where the amount of the debt is referable to a period of time…

Role of relevant officer

(1) Where a relevant officer has been, or is required to be, appointed in connection with an employer’s insolvency, the Secretary of State shall not make a…

Complaints to employment tribunals

(1) A person who has applied for a payment under section 182 may present a complaint to an employment tribunal— (a) that the Secretary of State has failed to…

Transfer to Secretary of State of rights and remedies

(1) Where, in pursuance of section 182, the Secretary of State makes a payment to an employee in respect of a debt to which this Part applies— (a) on the…

Power to obtain information

(1) Where an application is made to the Secretary of State under section 182 in respect of a debt owed by an employer, the Secretary of State may require— (a)…

Crown employment

etc. — s. 191 — Crown employment (1) Subject to sections 192 and 193, the provisions of this Act to which this section applies have effect in relation to Crown…

Armed forces

(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…

National security

Part IVA and section 47B of this Act do not apply in relation to employment for the purposes of— (a) the Security Service, (b) the Secret Intelligence Service…

House of Lords staff

(1) The provisions of this Act to which this section applies have effect in relation to employment as a relevant member of the House of Lords staff as they…

House of Commons staff

(1) The provisions of this Act to which this section applies have effect in relation to employment as a relevant member of the House of Commons staff as they…

Mariners

(1) Sections 1 to 7, Parts 2 and 2B and sections 86 to 91 do not apply to a person employed as a seaman in a ship registered in the United Kingdom under a crew…

Police officers

(1) Sections 8 to 10, Part III … , sections 43M, … , 45, 45A, 47 … , 47C, 50 to 57B and 61 to 63, Parts VII and VIII, sections 92 and 93 and, Part X (except…

Power to extend employment legislation to offshore employment

(1) In this section “offshore employment” means employment for the purposes of activities— (a) in the territorial waters of the United Kingdom (b) connected…

National security

(1) Where in the opinion of any Minister of the Crown the disclosure of any information would be contrary to the interests of national security— (a) nothing in…

Contractual duties of confidentiality relating to harassment and discrimination

(1) Any provision in an agreement between an employer and a worker of the employer (whether a worker’s contract or not) is void in so far as it purports to…

Restrictions on contracting out

(1) Any provision in an agreement (whether a contract of employment or not) is void in so far as it purports— (a) to exclude or limit the operation of any…

Law governing employment

(1) For the purposes of this Act it is immaterial whether the law which (apart from this Act) governs any person’s employment is the law of the United Kingdom…

Remedy for infringement of certain rights

(1) The remedy of an employee for infringement of any of the rights conferred by section 8, Part III, Parts V to VIII, Part 8B, section 92, Part X and Part XII…

Employee shareholders

(1) An individual who is or becomes an employee of a company is an “ employee shareholder ” if— (a) the company and the individual agree that the individual is…

Institution or continuance of tribunal proceedings

(1) Where an employer has died, any tribunal proceedings arising under any of the provisions of this Act to which this section applies may be defended by a…

Rights and liabilities accruing after death

(1) Any right arising under any of the provisions of this Act to which this section applies which accrues after the death of an employee devolves as if it had…

Extension of time limits to facilitate conciliation before institution of proceedings

(1) This section applies where this Act provides for it to apply for the purposes of a provision of this Act (a “relevant provision”). ... (2) In this section—…

Powers to amend Act

(1) The Secretary of State may by order— (a) provide that any provision of this Act, other than any to which this paragraph does not apply, which is specified…

Introductory

(1) References in any provision of this Act to a period of continuous employment are (unless provision is expressly made to the contrary) to a period computed…

Period of continuous employment

(1) An employee’s period of continuous employment for the purposes of any provision of this Act— (a) (subject to subsection (3)) begins with the day on which…

Weeks counting in computing period

(1) Any week during the whole or part of which an employee’s relations with his employer are governed by a contract of employment counts in computing the…

Intervals in employment

(1) Where in the case of an employee a date later than the date which would be the effective date of termination by virtue of subsection (1) of section 97 is…

Special provisions for redundancy payments

(1) This section applies where a period of continuous employment has to be determined in relation to an employee for the purposes of the application of section…

Employment abroad etc

(1) This Chapter applies to a period of employment— (a) (subject to the following provisions of this section) even where during the period the employee was…

Industrial disputes

(1) A week does not count under section 212 if during the week, or any part of the week, the employee takes part in a strike. (2) The continuity of an…

Reinstatement after military service

(1) If a person who is entitled to apply to his former employer under the Reserve Forces (Safeguard of Employment) Act 1985 enters the employment of the…

Change of employer

(1) Subject to the provisions of this section, this Chapter relates only to employment by the one employer. (2) If a trade or business, or an undertaking…

Reinstatement or re-engagement of dismissed employee

(1) Regulations made by the Secretary of State may make provision— (a) for preserving the continuity of a person’s period of employment for the purposes of…

Introductory

— s. 220 — Introductory The amount of a week’s pay of an employee shall be calculated for the purposes of this Act in accordance with this Chapter.

General

(1) This section and sections 222 and 223 apply where there are normal working hours for the employee when employed under the contract of employment in force…

Remuneration varying according to time of work

(1) This section applies if the employee is required under the contract of employment in force on the calculation date to work during normal working hours on…

Supplementary

(1) For the purposes of sections 221 and 222, in arriving at the average hourly rate of remuneration, only— (a) the hours when the employee was working, and…

Employments with no normal working hours

— s. 224 — Employments with no normal working hours (1) This section applies where there are no normal working hours for the employee when employed under the…

Rights during employment

(A1) Where the calculation is for the purposes of section 27BI, the calculation date is— (a) where the complaint is under section 27BG(1), (2), (3) or (7), the…

Rights on termination

(1) Where the calculation is for the purposes of section 88 or 89, the calculation date is the day immediately preceding the first day of the period of notice…

Maximum amount

of week’s pay — s. 227 — Maximum amount (1) For the purpose of calculating— (zza) an award of compensation under section 63J(1)(b), (za) an award of…

New employments and other special cases

(1) In any case in which the employee has not been employed for a sufficient period to enable a calculation to be made under the preceding provisions of this…

Supplementary

(1) In arriving at— (a) an average hourly rate of remuneration, or (b) average weekly remuneration, under this Chapter, account shall be taken of work for a…

Employees, workers etc

(1) In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of…

Associated employers

For the purposes of this Act any two employers shall be treated as associated if— (a) one is a company of which the other (directly or indirectly) has control…

Shop workers

(1) In this Act “shop worker” means an employee who, under his contract of employment, is or may be required to do shop work. (2) In this Act “shop work” means…

Betting workers

(1) In this Act “ betting worker ” means an employee who under his contract of employment is or may be required to do betting work. (2) In this Act “ betting…

Normal working hours

(1) Where an employee is entitled to overtime pay when employed for more than a fixed number of hours in a week or other period, there are for the purposes of…

Other definitions

(1) In this Act, except in so far as the context otherwise requires— “act” and “action” each includes omission and references to doing an act or taking action…

Orders and regulations

(1) Any power conferred by any provision of this Act to make any order (other than an Order in Council) or regulations is exercisable by statutory instrument…

Financial provisions

There shall be paid out of the National Insurance Fund into the Consolidated Fund sums equal to the amount of— (a) any expenses incurred by the Secretary of…

Reciprocal arrangements with Northern Ireland

(1) If provision is made by Northern Ireland legislation for purposes corresponding to any of the purposes of this Act, other than an excepted provision, the…

Reciprocal arrangements with Isle of Man

(1) If an Act of Tynwald is passed for purposes similar to the purposes of Part XI, the Secretary of State may, with the consent of the Treasury, make…

Consequential amendments

Schedule 1 (consequential amendments) shall have effect.

Transitionals, savings and transitory provisions

Schedule 2 (transitional provisions, savings and transitory provisions) shall have effect.

Repeals and revocations

The enactments specified in Part I of Schedule 3 are repealed, and the instruments specified in Part II of that Schedule are revoked, to the extent specified…

Commencement

This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

Extent

(1) Subject to the following provisions, this Act extends to England and Wales and Scotland but not to Northern Ireland. (2) Sections 36(2) and (4), 37(1) and…

Short title

This Act may be cited as the Employment Rights Act 1996.

Sch. 1 para. 2

(1) Section 10 of the Atomic Energy Authority Act 1971 is amended as follows. (2) In subsection (2)— (a) in paragraph (a), for “the said sections 1 to 4”…

Sch. 1 para. 3

Paragraph 3 of Part I of Schedule 3 to the Attachment of Earnings Act 1971 shall continue to have effect with the substitution (originally made by paragraph 4…

Sch. 1 para. 4

In paragraph 13(3)(a) of the Schedule to the British Library Act 1972, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment…

Sch. 1 para. 5

In section 80(2A) of the Health and Safety at Work etc. Act 1974, for “the Employment Protection (Consolidation) Act 1978 which re-enact” substitute “ the…

Sch. 1 para. 6

(1) The Sex Discrimination Act 1975 is amended as follows. (2) In section 85A(2)— (a) for “section 139 of the Employment Protection (Consolidation) Act 1978”…

Sch. 1 para. 7

In paragraph 6 of Schedule 3 to the Scottish Development Agency Act 1975, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment…

Sch. 1 para. 8

In paragraph 7 of Schedule 2 to the Welsh Development Agency Act 1975, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment…

Sch. 1 para. 10

(1) The Race Relations Act 1976 is amended as follows. (2) In section 75A(2)— (a) for “section 139 of the Employment Protection (Consolidation) Act 1978”…

Sch. 1 para. 12

In section 3(6) of the New Towns (Scotland) Act 1977, for “Parts I, IV, V and VI of the Employment Protection (Consolidation) Act 1978” substitute “ Parts I…

Sch. 1 para. 13

In section 12C(3) of the National Health Service (Scotland) Act 1978— (a) for “Part VI of the Employment Protection (Consolidation) Act 1978” substitute “ Part…

Sch. 1 para. 14

In paragraph 1 of Schedule 2 to the House of Commons (Administration) Act 1978, for “section 139 of the Employment Protection (Consolidation) Act 1978”…

Sch. 1 para. 15

In section 54(5) of the New Towns Act 1981, for “Schedule 13 to the Employment Protection (Consolidation) Act 1978” substitute “ Chapter I of Part XIV of the…

Sch. 1 para. 16

In paragraph 8(4) of Schedule 13 to the Wildlife and Countryside Act 1981, for the words from “Schedule” to “continuous)” substitute “ Chapter I of Part XIV of…

Sch. 1 para. 20

In section 10(d) of the Administration of Justice Act 1982— (a) for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act…

Sch. 1 para. 21

In paragraph 23 of Part II of Schedule 3 to the Health and Social Services and Social Security Adjudications Act 1983, for “the Employment Protection…

Sch. 1 para. 23

In— (a) paragraph 5(5) of Part I of Schedule 1, (b) paragraph 15(5) of Part II of Schedule 1, (c) paragraph 25(5) of Part III of Schedule 1, (d) paragraph…

Sch. 1 para. 24

In— (a) paragraph 5(5) of Part I, and (b) paragraph 16(5) of Part II, of Schedule 1 to the National Heritage (Scotland) Act 1985, for “the Employment…

Sch. 1 para. 25

(1) The Prosecution of Offences Act 1985 is amended as follows. (2) In section 11(5), for “Schedule 13 to the Employment Protection (Consolidation) Act 1978”…

Sch. 1 para. 26

(1) The Local Government Act 1985 is amended as follows. (2) In section 54(2), for “Schedule 13 to the said Act of 1978” substitute “ Chapter I of Part XIV of…

Sch. 1 para. 27

In section 3(7) of the Trustee Savings Banks Act 1985, for “paragraph 17(3) of Schedule 13 to the Employment Protection (Consolidation) Act 1978” substitute “…

Sch. 1 para. 28

In paragraph 7(2)(b) of Schedule 4 to the Housing (Consequential Provisions) Act 1985, for “Schedule 13 to that Act” substitute “ Chapter I of Part XIV of the…

Sch. 1 para. 29

In paragraph 13 of Schedule 6 to the Insolvency Act 1986, for sub-paragraph (2) substitute— (2) An amount falls within this sub-paragraph if it is— (a) a…

Sch. 1 para. 30

In paragraph 10(1) of Schedule 1 to the Legal Aid (Scotland) Act 1986, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment…

Sch. 1 para. 31

In section 73(3)(g) of the Debtors (Scotland) Act 1987, for “section 81(1) of the Employment Protection (Consolidation) Act 1978” substitute “ the Employment…

Sch. 1 para. 32

In section 25(6) of the Pilotage Act 1987, for “Schedule 13 to the Employment Protection (Consolidation) Act 1978” substitute “ Chapter I of Part XIV of the…

Sch. 1 para. 33

In paragraph 10(2)(b) of Schedule 22 to the Housing (Scotland) Act 1987, for “Schedule 13 to that Act” substitute “ Chapter I of Part XIV of the Employment…

Sch. 1 para. 35

(1) The Income and Corporation Taxes Act 1988 is amended as follows. (2) In section 579— (a) in subsections (3)(a) and (5)(a) and in subsection (4)(a) as it…

Sch. 1 para. 37

(1) The Education Reform Act 1988 is amended as follows. (2) In section 174(2), for “Schedule 13 to that Act” substitute “ Chapter I of Part XIV of the…

Sch. 1 para. 38

In paragraph 6(4) of Schedule 11 to the Local Government Finance Act 1988, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment…

Sch. 1 para. 39

In paragraph 12(1) of Schedule 1 to the Housing (Scotland) Act 1988, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment…

Sch. 1 para. 40

In section 18 of the Health and Medicines Act 1988, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.

Sch. 1 para. 42

In section 6(3) of the Dock Work Act 1989— (a) for “the 1978 Act” substitute “ the Employment Rights Act 1996 ”, (b) for “section 151 of, and Schedule 13 to,”…

Sch. 1 para. 43

(1) The Electricity Act 1989 is amended as follows. (2) In section 56(3), for “Schedule 13 to the said Act of 1978” substitute “ Chapter I of Part XIV of the…

Sch. 1 para. 44

In section 10 of the Local Government and Housing Act 1989— (a) in subsection (1), for “subsection (4) of section 29 of the Employment Protection…

Sch. 1 para. 45

(1) The National Health Service and Community Care Act 1990 is amended as follows. (2) … (3) In— (a) section 20(6), and (b) section 49(3)(b), for “the…

Sch. 1 para. 46

In paragraph 17(1) of Schedule 1 to the Enterprise and New Towns (Scotland) Act 1990, for “the Employment Protection (Consolidation) Act 1978” substitute “ the…

Sch. 1 para. 47

In paragraph 15 of Schedule 10 to the Environmental Protection Act 1990, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment…

Sch. 1 para. 48

In paragraph 4 of Schedule 4 to the Natural Heritage (Scotland) Act 1991, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment…

Sch. 1 para. 49

In section 30(7) of the Coal Mining Subsidence Act 1991— (a) for “section 153(4) of the Employment Protection (Consolidation) Act 1978” substitute “ section…

Sch. 1 para. 50

In section 24(8) of the Ports Act 1991, for the words from the beginning to “continuous” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.

Sch. 1 para. 51

(1) The Social Security Contributions and Benefits Act 1992 is amended as follows. (2) … (3) In— (a) section 27(2)(b), and (b) section 28(4), for “section…

Sch. 1 para. 52

(1) The Further and Higher Education Act 1992 is amended as follows. (2) In section 35— (a) in subsection (1)(c)— (i) for “section 84 of the Employment…

Sch. 1 para. 53

In section 1 of the Timeshare Act 1992— (a) in subsection (3)(b), for “as defined in section 153 of the Employment Protection (Consolidation) Act 1978”…

Sch. 1 para. 54

In section 33(3)(b) of the Further and Higher Education (Scotland) Act 1992, for “section 81 of the Employment Protection (Consolidation) Act 1978” substitute…

Sch. 1 para. 55

In section 1(7) of the Museums and Galleries Act 1992, for “paragraph 17(3) of Schedule 13 to the Employment Protection (Consolidation) Act 1978” substitute “…

Sch. 1 para. 56

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. (2) In section 67(8)— (a) in paragraph (a), for “paragraph 8(1)(b) of…

Sch. 1 para. 57

In section 11(2) of the Tribunals and Inquiries Act 1992, for “Subsection (1)” substitute “ This section ”.

Sch. 1 para. 58

In section 2(4)(b) of the Social Security Act 1993, for “sections 106(2) and 122(1) of the Employment Protection (Consolidation) Act 1978” substitute “…

Sch. 1 para. 60

(1) The Railways Act 1993 is amended as follows. (2) In section 93(5), (6) and (12), for “the Employment Protection (Consolidation) Act 1978” substitute “ the…

Sch. 1 para. 61

(1) The Pension Schemes Act 1993 is amended as follows. (2) In section 123(3), for “the Employment Protection (Consolidation) Act 1978” substitute “ the…

Sch. 1 para. 62

In paragraph 27 of Schedule 24 to the Finance Act 1994— (a) for sub-paragraphs (9) to (11) substitute— (9) Chapter I of Part XIV of the Employment Rights Act…

Sch. 1 para. 63

(1) The Local Government (Wales) Act 1994 is amended as follows. (2) In section 41— (a) in subsection (1)— (i) for “section 84 of the Employment Protection…

Sch. 1 para. 64

In paragraph 4(11) of Schedule 5 to the Coal Industry Act 1994, for the words from the beginning to “that Schedule” substitute “ Chapter I of Part XIV of the…

Sch. 1 para. 65

In section 126(2) of the Criminal Justice and Public Order Act 1994, for paragraph (a) substitute— (a) the Trade Union and Labour Relations (Consolidation) Act…

Sch. 1 para. 66

(1) The Local Government etc. (Scotland) Act 1994 is amended as follows. (2) In section 10— (a) in subsection (1)— (i) for “section 84 of the Employment…

Sch. 1 para. 67

(1) The Jobseekers Act 1995 is amended as follows. (2) In— (a) section 14(3)(b), and (b) section 19(7), for “section 81(2) of the Employment Protection…

Sch. 1 para. 68

In paragraph 3 of Schedule 2 to the Environment Act 1995— (a) in sub-paragraph (6), for “section 84 of the Employment Protection (Consolidation) Act 1978”…

Sch. 1 para. 69

(1) The Disability Discrimination Act 1995 is amended as follows. (2) In section 50(9)(a), for “the Employment Protection (Consolidation) Act 1978” substitute…

Sch. 2 para. 1

The substitution of this Act for the provisions repealed or revoked by this Act does not affect the continuity of the law.

Sch. 2 para. 2

(1) Anything done, or having effect as done, (including the making of subordinate legislation) under or for the purposes of any provision repealed or revoked…

Sch. 2 para. 3

Any reference (express or implied) in this Act or any other enactment, or in any instrument or document, to a provision of this Act is (so far as the context…

Sch. 2 para. 4

(1) Any reference (express or implied) in any enactment, or in any instrument or document, to a provision repealed or revoked by this Act is (so far as the…

Sch. 2 para. 5

Paragraphs 1 to 4 have effect in place of section 17(2) of the Interpretation Act 1978 (but are without prejudice to any other provision of that Act).

Sch. 2 para. 6

(1) The repeal by this Act of an enactment previously repealed subject to savings (whether or not in the repealing enactment) does not affect the continued…

Sch. 2 para. 7

(1) In this paragraph “pre-TURERA employee” means an employee whose employment with his employer began before 30th November 1993 (the day on which section 26…

Sch. 2 para. 7A

(1) In this paragraph an “existing employee” means an employee whose employment with his employer began on or after 30th November 1993 and before 6th April…

Sch. 2 para. 7B

(1) Where an existing employee (as defined in paragraph 7A(1)) or a pre-TURERA employee (as defined in paragraph 7(1)) at any time— (a) on or after 6 April…

Sch. 2 para. 8

In relation to any case in which (but for this Act) a limit lower than that set by Article 3 of the Employment Protection (Increase of Limits) Order 1995 would…

Sch. 2 para. 9

(1) This paragraph applies where an employee exercised a right to return to work under Part III of the Employment Protection (Consolidation) Act 1978 at a time…

Sch. 2 para. 10

Any question as to the validity of any of sections 47, 61, 62, 63 and 103, which derive from the Collective Redundancies and Transfer of Undertakings…

Sch. 2 para. 11

Part X does not apply to a dismissal from employment under a contract for a fixed term of two years or more (not being a contract of apprenticeship) if— (a)…

Sch. 2 para. 12

(1) Section 135 does not apply to an employee who immediately before the relevant date is employed under a contract for a fixed term of two years or more (not…

Sch. 2 para. 13

(1) The reference in section 215(2)(b) to a person being an employed earner for the purposes of the Social Security Contributions and Benefits Act 1992 in…

Sch. 2 para. 14

(1) Subject to paragraph 13 and sub-paragraphs (2) and (3) of this paragraph, Chapter I of Part XIV applies to periods before this Act comes into force as it…

Sch. 2 para. 16

(1) If section 31 of the Trade Union Reform and Employment Rights Act 1993 has not come into force before the commencement of this Act, this Act shall have…

Sch. 2 para. 17

(1) If Part XI of the Reserve Forces Act 1996 has not come into force before the commencement of this Act, section 192 of this Act shall have effect until the…

Notes:

This Table shows the derivation of the provisions of the consolidation.

Sch. 3 para. 2

The following abbreviations are used in the Table— BGLA = Betting, Gaming and Lotteries Act 1963 (c.2) EP(C)A = Employment Protection (Consolidation) Act 1978…