# Employment Rights Act 1996

URL: https://consilena.com/coverage/laws/stat_uk_ukpga_1996_18

- Jurisdiction: United Kingdom
- Type: Act
- Identifier: ukpga/1996/18
- Current as of: 1 October 2026
- Provisions: 488
- Official text: https://www.legislation.gov.uk/ukpga/1996/18
- Licence: [Open Government Licence v3.0](https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/)
- Attribution: Contains public sector information licensed under the Open Government Licence v3.0.

> The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law.

## Provisions

### Part I – Employment particulars

- **s. 1 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…
- **s. 2 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…
- **s. 3 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…
- **s. 4 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…
- **s. 5 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…
- **s. 6 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…
- **s. 7 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…
- **s. 7A 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…
- **s. 7B 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…
- **s. 8 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…
- **s. 9 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…
- **s. 10 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…
- **s. 11 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…
- **s. 12 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…

### Part II – Protection of wages

- **s. 13 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…
- **s. 14 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…
- **s. 15 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…
- **s. 16 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…
- **s. 17 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…
- **s. 18 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…
- **s. 19 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…
- **s. 20 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…
- **s. 21 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…
- **s. 22 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…
- **s. 23 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…
- **s. 24 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…
- **s. 25 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)…
- **s. 26 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…
- **s. 27 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…

### PART 2A – Zero hours workers and similar

- **s. 27A 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…
- **s. 27B 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…
- **s. 27BA 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…
- **s. 27BB 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…
- **s. 27BC 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…
- **s. 27BD 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…
- **s. 27BE 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)…
- **s. 27BF 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…
- **s. 27BG 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…
- **s. 27BH 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…
- **s. 27BI 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…
- **s. 27BJ 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…
- **s. 27BK 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…
- **s. 27BL 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…
- **s. 27BM 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…
- **s. 27BN 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)…
- **s. 27BO 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…
- **s. 27BP 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…
- **s. 27BQ 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…
- **s. 27BR 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…
- **s. 27BS 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…
- **s. 27BT 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…
- **s. 27BU 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)…
- **s. 27BV 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…
- **s. 27BW 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…
- **s. 27BX 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…
- **s. 27BY 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…
- **s. 27BZ 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…
- **s. 27BZ1 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)…
- **s. 27BZ2 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…
- **s. 27BZ3 Regulations**: (1) Regulations under this Part may— (a) make different provision for different purposes; (b) make provision subject to exceptions. (2) Regulations under this…

### PART 2B – TIPS, GRATUITIES AND SERVICE CHARGES

- **s. 27C 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…
- **s. 27D 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…
- **s. 27E 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…
- **s. 27F 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…
- **s. 27G 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…
- **s. 27H 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”)…
- **s. 27I 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…
- **s. 27J 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…
- **s. 27K 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…
- **s. 27L 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…
- **s. 27M 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…
- **s. 27N 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…
- **s. 27O 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…
- **s. 27P 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…
- **s. 27Q 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…
- **s. 27R 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…
- **s. 27S Revocation of code of practice**: A code of practice issued under this Part may be revoked by the Secretary of State by regulations.
- **s. 27T 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…
- **s. 27U 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…
- **s. 27V 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…
- **s. 27W 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…
- **s. 27X 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…
- **s. 27Y 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.

### Part III – Guarantee payments

- **s. 28 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…
- **s. 29 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…
- **s. 30 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…
- **s. 31 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…
- **s. 32 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…
- **s. 33 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)…
- **s. 34 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…
- **s. 35 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…

### Part IV – Sunday working for shop and betting workers

- **s. 36 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…
- **s. 37 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…
- **s. 38 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…
- **s. 39 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…
- **s. 40 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…
- **s. 41 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)—…
- **s. 41A 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…
- **s. 41B 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…
- **s. 41C 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…
- **s. 41D 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…
- **s. 42 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…
- **s. 43 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…
- **s. 43ZA 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…
- **s. 43ZB 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…

### Part IVA – Protected disclosures

- **s. 43A 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…
- **s. 43B 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…
- **s. 43C 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…
- **s. 43D 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.
- **s. 43E 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…
- **s. 43F 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…
- **s. 43FA 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…
- **s. 43G 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…
- **s. 43H 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…
- **s. 43J 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)…
- **s. 43K 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…
- **s. 43KA 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…
- **s. 43L 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…

### Part V – Protection from suffering detriment in employment

- **s. 43M 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…
- **s. 44 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)…
- **s. 45 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…
- **s. 45ZA 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…
- **s. 45A 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…
- **s. 46 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…
- **s. 47 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…
- **s. 47A 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…
- **s. 47B 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…
- **s. 47C 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…
- **s. 47D 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)…
- **s. 47E 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…
- **s. 47F 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…
- **s. 47G 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…
- **s. 48 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…
- **s. 49 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…
- **s. 49A 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…

### PART 5A – Protection for applicants for employment etc in the health service

- **s. 49B 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…

### PART 5B – Redundancy or dismissal during a protected period of pregnancy

- **s. 49D 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…
- **s. 49E 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…

### Part VI – Time off work

- **s. 50 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…
- **s. 51 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…
- **s. 52 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…
- **s. 53 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…
- **s. 54 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…
- **s. 55 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…
- **s. 56 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…
- **s. 57 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…
- **s. 57ZA 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…
- **s. 57ZB 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…
- **s. 57ZC 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…
- **s. 57ZD 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…
- **s. 57ZE 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…
- **s. 57ZF 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…
- **s. 57ZG 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…
- **s. 57ZH 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…
- **s. 57ZI 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…
- **s. 57ZJ 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…
- **s. 57ZK 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…
- **s. 57ZL 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…
- **s. 57ZM 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…
- **s. 57ZN 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…
- **s. 57ZO 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…
- **s. 57ZP 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…
- **s. 57ZQ 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…
- **s. 57ZR 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…
- **s. 57ZS 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…
- **s. 57A 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…
- **s. 57B 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…
- **s. 58 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…
- **s. 59 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…
- **s. 60 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…
- **s. 61 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…
- **s. 62 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…
- **s. 63 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…
- **s. 63A 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…
- **s. 63B 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…
- **s. 63C 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…

### Part 6A – Study and training

- **s. 63D 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…
- **s. 63E 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…
- **s. 63F 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…
- **s. 63G 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…
- **s. 63H 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…
- **s. 63I 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…
- **s. 63J 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…
- **s. 63K Supplementary**: Regulations under this Part may make different provision for different cases.

### Part VII – Suspension from work

- **s. 64 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…
- **s. 65 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…
- **s. 66 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…
- **s. 67 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…
- **s. 68 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…
- **s. 68A 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…
- **s. 68B 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…
- **s. 68C 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…
- **s. 68D 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…
- **s. 69 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…
- **s. 69A 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…
- **s. 70 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…
- **s. 70A 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…

### Part VIII

- **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…
- **s. 72 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…
- **s. 73 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…
- **s. 74 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…
- **s. 75 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…
- **s. 75A 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…
- **s. 75B 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…
- **s. 75C 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)…
- **s. 75D 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…
- **s. 75E 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…
- **s. 75F 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…
- **s. 75G 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…
- **s. 75H 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…
- **s. 75I 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…
- **s. 75J 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…
- **s. 75K 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)…
- **s. 76 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…
- **s. 77 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…
- **s. 78 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…
- **s. 79 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…
- **s. 80 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…
- **s. 80A 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…
- **s. 80B 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…
- **s. 80C 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…
- **s. 80D 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…
- **s. 80E 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…
- **s. 80EA 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…
- **s. 80EB 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…
- **s. 80EC 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…
- **s. 80ED 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…
- **s. 80EE 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…
- **s. 80EF 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…
- **s. 80EG 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…
- **s. 80EH 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…
- **s. 80EI 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…

### Part 8A – Flexible working

- **s. 80F 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…
- **s. 80G 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…
- **s. 80H 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…
- **s. 80I 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…

### PART 8B – Carer’s leave

- **s. 80J 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…
- **s. 80K 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…
- **s. 80L 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…
- **s. 80M 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…
- **s. 80N 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…

### Part IX – Termination of employment

- **s. 86 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…
- **s. 87 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…
- **s. 88 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…
- **s. 89 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…
- **s. 90 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…
- **s. 91 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…
- **s. 92 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…
- **s. 93 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…

### Part X – Unfair dismissal

- **s. 94 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…
- **s. 95 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…
- **s. 97 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…
- **s. 98 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…
- **s. 98B 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…
- **s. 99 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…
- **s. 100 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…
- **s. 101 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…
- **s. 101ZA 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…
- **s. 101A 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)…
- **s. 102 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…
- **s. 103 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…
- **s. 103A 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)…
- **s. 104 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…
- **s. 104A 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…
- **s. 104B 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…
- **s. 104C 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)…
- **s. 104D 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…
- **s. 104E 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)…
- **s. 104F 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…
- **s. 104G 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)…
- **s. 104I 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…
- **s. 104J 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)…
- **s. 104K 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…
- **s. 105 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…
- **s. 106 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…
- **s. 107 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…
- **s. 108 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…
- **s. 110 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…
- **s. 111 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…
- **s. 111A 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)…
- **s. 112 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…
- **s. 113 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…
- **s. 114 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…
- **s. 115 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…
- **s. 116 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…
- **s. 117 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…
- **s. 118 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…
- **s. 119 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…
- **s. 120 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…
- **s. 121 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…
- **s. 122 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…
- **s. 123 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…
- **s. 124 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…
- **s. 124A 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…
- **s. 126 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…
- **s. 128 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…
- **s. 129 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…
- **s. 130 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…
- **s. 131 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…
- **s. 132 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…
- **s. 133 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…
- **s. 134 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…
- **s. 134A 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…

### Part XI – Redundancy payments etc.

- **s. 135 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…
- **s. 136 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…
- **s. 138 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…
- **s. 139 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…
- **s. 140 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…
- **s. 141 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…
- **s. 142 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…
- **s. 143 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…
- **s. 144 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…
- **s. 145 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…
- **s. 146 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…
- **s. 147 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…
- **s. 148 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…
- **s. 149 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…
- **s. 150 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…
- **s. 151 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…
- **s. 152 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…
- **s. 153 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…
- **s. 154 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…
- **s. 155 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…
- **s. 157 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…
- **s. 159 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…
- **s. 160 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…
- **s. 161 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…
- **s. 162 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…
- **s. 163 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…
- **s. 164 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…
- **s. 165 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…
- **s. 166 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…
- **s. 167 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…
- **s. 168 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…
- **s. 169 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…
- **s. 170 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…
- **s. 171 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…
- **s. 172 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…
- **s. 173 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…
- **s. 174 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…
- **s. 175 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…
- **s. 176 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…
- **s. 177 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…
- **s. 178 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…
- **s. 179 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…
- **s. 180 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…
- **s. 181 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…

### Part XII – Insolvency of employers

- **s. 182 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)…
- **s. 183 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…
- **s. 184 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…
- **s. 185 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…
- **s. 186 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…
- **s. 187 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…
- **s. 188 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…
- **s. 189 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…
- **s. 190 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)…

### Part XIII – Miscellaneous

- **s. 191 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…
- **s. 192 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…
- **s. 193 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…
- **s. 194 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…
- **s. 195 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…
- **s. 199 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…
- **s. 200 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…
- **s. 201 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…
- **s. 202 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…
- **s. 202A 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…
- **s. 203 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…
- **s. 204 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…
- **s. 205 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…
- **s. 205A 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…
- **s. 206 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…
- **s. 207 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…
- **s. 207B 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—…
- **s. 209 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…

### Part XIV – Interpretation

- **s. 210 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…
- **s. 211 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…
- **s. 212 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…
- **s. 213 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…
- **s. 214 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…
- **s. 215 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…
- **s. 216 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…
- **s. 217 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…
- **s. 218 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…
- **s. 219 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…
- **s. 220 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.
- **s. 221 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…
- **s. 222 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…
- **s. 223 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…
- **s. 224 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…
- **s. 225 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…
- **s. 226 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…
- **s. 227 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…
- **s. 228 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…
- **s. 229 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…
- **s. 230 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…
- **s. 231 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…
- **s. 232 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…
- **s. 233 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…
- **s. 234 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…
- **s. 235 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…

### Part XV – General and supplementary

- **s. 236 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…
- **s. 237 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…
- **s. 238 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…
- **s. 239 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…
- **s. 240 Consequential amendments**: Schedule 1 (consequential amendments) shall have effect.
- **s. 241 Transitionals, savings and transitory provisions**: Schedule 2 (transitional provisions, savings and transitory provisions) shall have effect.
- **s. 242 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…
- **s. 243 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.
- **s. 244 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…
- **s. 245 Short title**: This Act may be cited as the Employment Rights Act 1996.

### SCHEDULE 1

- **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…

### SCHEDULE 2

- **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…

### SCHEDULE 3

- **Sch. 3 para. 1 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…

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