Employment Rights Act 1996
An Act to consolidate enactments relating to employment rights.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Part I – Employment particulars
Right to statements of employment particulars
1. Statement of initial employment particulars.
2. Statement of initial particulars: supplementary.
3. Note about disciplinary procedures and pensions.
5. Exclusion from rights to statements.
6. Reasonably accessible document or collective agreement.
7. Power to require particulars of further matters.
7A. Use of alternative documents to give particulars
7B. Giving of alternative documents before start of employment
Right to itemised pay statement
9. Standing statement of fixed deductions.
10. Power to amend provisions about pay and standing statements.
Enforcement
11. References to employment tribunals.
12. Determination of references.
Part II – Protection of wages
Deductions by employer
13. Right not to suffer unauthorised deductions.
14. Excepted deductions.
Payments to employer
15. Right not to have to make payments to employer.
16. Excepted payments.
Cash shortages and stock deficiencies in retail employment
17. Introductory.
18. Limits on amount and time of deductions.
19. Wages determined by reference to shortages etc.
20. Limits on method and timing of payments.
21. Limit on amount of payments.
22. Final instalments of wages.
Enforcement
23. Complaints to employment tribunals.
24. Determination of complaints.
25. Determinations: supplementary.
26. Complaints and other remedies.
Supplementary
PART 2A – Zero hours workers and similar
Chapter 1 – Exclusivity terms and other restrictions
27A. Exclusivity terms unenforceable in zero hours contracts
27B. Power to make further provision in relation to zero hours workers
Chapter 2 – Right to guaranteed hours
Guaranteed hours offers
27BA. Right for qualifying workers to be offered guaranteed hours
27BB. Requirements relating to a guaranteed hours offer
27BC. Requirements relating to a guaranteed hours offer: supplementary
27BD. Guaranteed hours offer: exceptions to duty to make offer and withdrawal of offer
27BE. Acceptance or rejection of a guaranteed hours offer
Information
27BF. Information about rights conferred by Chapter 2
Enforcement
27BG. Complaints to employment tribunals: grounds
27BH. Complaints to employment tribunals: time limits
27BI. Remedies
Chapter 3 – Shifts: rights to reasonable notice
27BJ. Right to reasonable notice of a shift
27BK. Right to reasonable notice of cancellation of or change to a shift
27BL. Sections 27BJ and 27BK: supplementary
27BM. Interaction with Chapter 4
27BN. Complaints to employment tribunals
27BO. Remedies
Chapter 4 – Right to payment for cancelled, moved and curtailed shifts
27BP. Right to payment for a cancelled, moved or curtailed shift
27BQ. Regulations under section 27BP: supplementary
27BR. Exceptions to duty to make payment for a cancelled, moved or curtailed shift
27BS. Contractual remuneration
27BT. Complaints to employment tribunal
27BU. Remedies
Chapter 5 – Agency workers: guaranteed hours and rights relating to shifts
27BV. Agency workers
Chapter 6 – Collective agreements: contracting out
27BW. Zero hours workers, etc.
27BX. Agency workers
27BY. Supplementary provision
27BZ. Regulations
27BZ1. Interpretation
Chapter 7 – General
27BZ2. Interpretation
27BZ3. Regulations
PART 2B – TIPS, GRATUITIES AND SERVICE CHARGES
Requirement to deal with tips, gratuities and service charges
27C. Qualifying tips, gratuities and service charges
27D. How tips etc must be dealt with
27E. Non-public places of business
27F. Independent troncs
27G. When tips etc must be dealt with
27H. Agency workers
Information
27I. Written policy
27J. Records
Enforcement
27K. Complaints to employment tribunal about tips etc.
27L. Determination of complaints about tips etc.
27M. Compensation: dealing with tips etc.
27N. Complaints to employment tribunal about information
27O. Determination of complaints about information
Code of practice about tips etc
27P. Issue of code of practice
27Q. Procedure for issue of code of practice
27R. Consequential revision of code of practice
27S. Revocation of code of practice
27T. Failure to comply with code of practice
General
27U. No restitution claims by employer
27V. Relationship with contractual rights
27W. Restrictions on contracting out of this Part
27X. Interpretation
27Y. Application
Collapse -Part III Guarantee payments
28. Right to guarantee payment.
29. Exclusions from right to guarantee payment.
30. Calculation of guarantee payment.
31. Limits on amount of and entitlement to guarantee payment.
33. Power to modify provisions about guarantee payments.
34. Complaints to employment tribunals.
35. Exemption orders.
Part IV – Sunday working for shop and betting workers
Protected shop workers and betting workers
36. Protected shop workers and betting workers.
37. Contractual requirements relating to Sunday work.
38. Contracts with guaranteed hours.
Opting-out of Sunday work
40. Notice of objection to Sunday working.
41. Opted-out shop workers and betting workers.
41A. Notice of objection by shop workers to working additional hours on Sunday
41B. Explanatory statement: persons who become shop workers
41C. Explanatory statement: shop workers at commencement date
41D. Failure to give explanatory statement under section 41B or 41C
42. Explanatory statement : betting workers.
43. Contractual requirements relating to Sunday work : opting-out notices.
43ZA. Contractual requirements relating to working additional hours on Sundays: objection notices
43ZB. Interpretation
Part IVA – Protected disclosures
43A. Meaning of “protected disclosure”.
43B. Disclosures qualifying for protection.
43C. Disclosure to employer or other responsible person.
43D. Disclosure to legal adviser.
43E. Disclosure to Minister of the Crown.
43F. Disclosure to prescribed person.
43FA. Prescribed persons: duty to report on disclosures of information
43G. Disclosure in other cases.
43H. Disclosure of exceptionally serious failure.
43J. Contractual duties of confidentiality.
43K. Extension of meaning of “worker” etc. for Part IVA.
43KA. Application of this Part and related provisions to police
43L. Other interpretative provisions.
Part V Protection from suffering detriment in employment
Rights not to suffer detriment
43M. Jury service
45. Sunday working for shop and betting workers.
45ZA. Sunday working for shop workers: additional hours
45A. Working time cases.
46. Trustees of occupational pension schemes.
47A. Employees exercising right to time off work for study or training.
47B. Protected disclosures.
47C. Leave for family and domestic reasons.
47D. Tax credits
47E. Flexible working
47F. Study and training
47G. Employee shareholder status
Enforcement
48. Complaints to employment tribunals.
49. Remedies.
Application to police of rights relating to health and safety
49A. Application to police of section 44 and related provisions.
PART 5A – Protection for applicants for employment etc in the health service
49B. Regulations prohibiting discrimination because of protected disclosure
PART 5B – Redundancy or dismissal during a protected period of pregnancy
49D. Redundancy or dismissal during a protected period of pregnancy
49E. Section 49D: supplemental
Part VI – Time off work
Public duties
50. Right to time off for public duties.
51. Complaints to employment tribunals.
Looking for work and making arrangements for training
52. Right to time off to look for work or arrange training.
53. Right to remuneration for time off under section 52.
54. Complaints to employment tribunals.
Ante-natal care
55. Right to time off for ante-natal care.
56. Right to remuneration for time off under section 55.
57. Complaints to employment tribunals.
Ante-natal care: agency workers
57ZA. Right to time off for ante-natal care (agency workers)
57ZB. Right to remuneration for time off under section 57ZA
57ZC. Complaint to employment tribunal: agency workers
57ZD. Agency workers: supplementary
57ZE. Right to time off to accompany to ante-natal appointment
57ZF. Complaint to employment tribunal
57ZG. Right to time off to accompany to ante-natal appointment: agency workers
57ZH. Complaint to employment tribunal: agency workers
57ZI. Agency workers: supplementary
57ZJ. Right to paid time off to attend adoption appointments
57ZK. Right to remuneration for time off under section 57ZJ
57ZL. Right to unpaid time off to attend adoption appointments
57ZM. Complaint to employment tribunal
57ZN. Right to paid time off to attend adoption appointments: agency workers
57ZO. Right to remuneration for time off under section 57ZN
57ZP. Right to unpaid time off to attend adoption meetings: agency workers
57ZQ. Complaint to employment tribunal: agency workers
57ZR. Agency workers: supplementary
57ZS. Placement of looked after children with prospective adopters
Dependants
57B. Complaint to employment tribunal.
Occupational pension scheme trustees
58. Right to time off for pension scheme trustees.
59. Right to payment for time off under section 58.
60. Complaints to employment tribunals.
Employee representatives
61. Right to time off for employee representatives.
62. Right to remuneration for time off under section 61.
63. Complaints to employment tribunals.
63A. Right to time off for young person in Wales or Scotland for study or training.
63B. Right to remuneration for time off under section 63A.
63C. Complaints to employment tribunals.
Part 6A – Study and training
63D. Statutory right to make request in relation to study or training
63E. Section 63D application: supplementary
63F. Employer’s duties in relation to application
63G. Regulations about dealing with applications
63H. Employee’s duties in relation to agreed study or training
63I. Complaints to employment tribunals
63J. Remedies
63K. Supplementary
Part VII – Suspension from work
Suspension on medical grounds
64. Right to remuneration on suspension on medical grounds.
65. Exclusions from right to remuneration.
Suspension on maternity grounds
66. Meaning of suspension on maternity grounds.
67. Right to offer of alternative work.
Ending the supply of an agency worker on maternity grounds
68A. Meaning of ending the supply of an agency worker on maternity grounds
68B. Right to offer of alternative work
68D. Agency workers: supplementary
General
69. Calculation of remuneration.
69A. Calculation of remuneration (agency workers)
70. Complaints to employment tribunals.
70A. Complaints to employment tribunals: agency workers
Part VIII
Chapter I MATERNITY LEAVE
71.(1) An employee may, provided that she satisfies any conditions…
72. Compulsory maternity leave.
73. Additional maternity leave.
75. Sections 71 to 73: supplemental.
Chapter 1A Adoption leave
75B. Additional adoption leave
CHAPTER 1B – Shared parental leave
75E. Entitlement to shared parental leave: birth
75F. Entitlement to leave under section 75E: further provision
75G. Entitlement to shared parental leave: adoption
75H. Entitlement to leave under section 75G: further provision
75I. Rights during and after shared parental leave
Chapter II – PARENTAL LEAVE
76. Entitlement to parental leave.
77. Rights during and after parental leave.
78. Special cases.
79. Supplemental.
80.Complaint to employment tribunal.
Chapter 3 – Paternity leave
80A. Entitlement to … paternity leave: birth
80AA. Entitlement to additional paternity leave: birth
80B. Entitlement to … paternity leave: adoption
80BB. Entitlement to additional paternity leave: adoption
80C. Rights during and after paternity leave
80D. Special cases
CHAPTER 4 – Bereavement leave
80EA. Bereavement leave
80EB. Rights during and after bereavement leave
80EC.Special cases
80ED. Chapter 4: supplemental
80EE. Application in relation to stillbirths
CHAPTER 5 – Neonatal care leave
80EG.Rights during and after neonatal care leave
80EH. Special cases
80EI. Chapter 5: supplemental
Part 8A – Flexible working
80F. Statutory right to request contract variation
80G. Employer’s duties in relation to application under section 80F
80H. Complaints to employment tribunals
80I. Remedies
PART 8B – Carer’s leave
80J. Carer’s leave
80K. Rights during and after carer’s leave
80L. Special cases
80N. Complaint to employment tribunal
Part IX – Termination of employment
Minimum period of notice
86. Rights of employer and employee to minimum notice.
87. Rights of employee in period of notice.
88. Employments with normal working hours.
89. Employments without normal working hours.
91. Supplementary.
Written statement of reasons for dismissal
92. Right to written statement of reasons for dismissal.
93. Complaints to employment tribunal.
Part X – Unfair dismissal
Chapter I – Right not to be unfairly dismissed
The right
94. The right.
Dismissal
95. Circumstances in which an employee is dismissed.
96. Unfair dismissal
97. Effective date of termination.
Fairness
98. General.
Retirement
98ZA. No normal retirement age: dismissal before 65
98ZB. No normal retirement age: dismissal at or after 65
98ZC. Normal retirement age: dismissal before retirement age
98ZD. Normal retirement age 65 or higher: dismissal at or after retirement age
98ZE. Normal retirement age below 65: dismissal at or after retirement age
98ZF. Reason for dismissal: particular matters
98ZG. Retirement dismissals: fairness
98ZH. Interpretation
Other dismissals
98B. Jury service
101. Shop workers and betting workers who refuse Sunday work.
101ZA. Shop workers who refuse to work additional hours on Sunday
101A. Working time cases.
102. Trustees of occupational pension schemes.
103. Employee representatives.
103A. Protected disclosure.
104. Assertion of statutory right.
104A. The national minimum wage.
104B. Tax credits
104C. Flexible working
104D. Pension enrolment
104E. Study and training
104F. Blacklists
104G. Employee shareholder status
104I. Contracts of employment: restricted variations
104J. Contracts of employment: variations that are not restricted variations
104K. Redundancy: replacement of employees with people who are not employees
105. Redundancy.
106. Replacements.
107. Pressure on employer to dismiss unfairly.
Exclusion of right
108. Qualifying period of employment.
109. Upper age limit.
110. Dismissal procedures agreements.
Chapter II – Remedies for unfair dismissal
Introductory
111. Complaints to employment tribunal.
111A. Confidentiality of negotiations before termination of employment
112. The remedies: orders and compensation.
Orders for reinstatement or re-engagement
113. The orders.
114. Order for reinstatement.
116. Choice of order and its terms.
117. Enforcement of order and compensation.
Compensation
118. General.
119. Basic award.
120. Basic award: minimum in certain cases.
121. Basic award of two weeks’ pay in certain cases.
123. Compensatory award.
124. Limit of compensatory award etc.
124A. Adjustments under the Employment Act 2002
126. Acts which are both unfair dismissal and discrimination.
127A. Internal appeal procedures.
127B. Unfair dismissal
128.Interim relief pending determination of complaint.
Interim relief
129. Procedure on hearing of application and making of order.
130. Order for continuation of contract of employment.
131. Application for variation or revocation of order.
132. Consequence of failure to comply with order.
Chapter III – Supplementary
133. Death of employer or employee.
134. Teachers in aided schools.
134A. Application to police.
Part XI – Redundancy payments etc.
Chapter I – Right to redundancy payment
135. The right.
Chapter II – Right on dismissal by reason of redundancy
Dismissal by reason of redundancy
136. Circumstances in which an employee is dismissed.
137.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
138. No dismissal in cases of renewal of contract or re-engagement.
139. Redundancy.
Exclusions
140. Summary dismissal.
141. Renewal of contract or re-engagement.
142. Employee anticipating expiry of employer’s notice.
143. Strike during currency of employer’s notice.
144. Provisions supplementary to section 143.
Supplementary
145. The relevant date.
146. Provisions supplementing sections 138 and 141.
Chapter III – Right by reason of lay-off or short-time
Lay-off and short-time
147. Meaning of “lay-off” and “short-time”.
148. Eligibility by reason of lay-off or short-time.
Exclusions
149. Counter-notices.
150. Resignation.
151. Dismissal.
152. Likelihood of full employment.
Supplementary
153. The relevant date.
154. Provisions supplementing sections 148 and 152.
Chapter IV – General exclusions from right
155. Qualifying period of employment.
156. Upper age limit.
157. Exemption orders.
158. Pension rights.
159. Public offices etc.
160. Overseas government employment.
161. Domestic servants.
Chapter V – Other provisions about redundancy payments
162. Amount of a redundancy payment.
163. References to employment tribunals.
164. Claims for redundancy payment.
165. Written particulars of redundancy payment.
Chapter VI – Payments by Secretary of State
166. Applications for payments.
167. Making of payments.
168. Amount of payments.
169. Information relating to applications for payments.
170. References to employment tribunals.
Chapter VII – Supplementary
Application of Part to particular cases
171. Employment not under contract of employment.
172. Termination of employment by statute.
173. Employees paid by person other than employer.
Death of employer or employee
174. Death of employer: dismissal.
175. Death of employer: lay-off and short-time.
176. Death of employee.
Equivalent payments
177. References to employment tribunals.
Other supplementary provisions
178. Old statutory compensation schemes.
179. Notices.
180. Offences.
181. Interpretation.
Part XII – Insolvency of employers
182. Employee’s rights on insolvency of employer.
183. Insolvency.
184. Debts to which Part applies.
186. Limit on amount payable under section 182.
187. Role of relevant officer.
188. Complaints to employment tribunals.
189. Transfer to Secretary of State of rights and remedies.
190. Power to obtain information.
Part XIII – Miscellaneous
Chapter I – Particular types of employment
Crown employment etc.
191. Crown employment.
192. Armed forces.
193. National security.
Parliamentary staff
Excluded classes of employment
198. Short-term employment.
199. Mariners.
200. Police officers.
Offshore employment
201. Power to extend employment legislation to offshore employment.
Chapter II – Other miscellaneous matters
Restrictions on disclosure of information
202. National security.
Harassment and discrimination: contractual duties of confidentiality
202A. Contractual duties of confidentiality relating to harassment and discrimination
Contracting out etc. and remedies
203. Restrictions on contracting out.
204. Law governing employment.
205. Remedy for infringement of certain rights.
Employee shareholder status
205A. Employee shareholders
General provisions about death of employer or employee
206. Institution or continuance of tribunal proceedings.
207. Rights and liabilities accruing after death.
207A.Extension of time limits because of mediation in certain cross-border disputes
Mediation in certain cross-border dispute
207B. Extension of time limits to facilitate conciliation before institution of proceedings
Modifications of Act
209. Powers to amend Act.
Part XIV Interpretation
Chapter I Continuous employment
210. Introductory.
211. Period of continuous employment.
212. Weeks counting in computing period.
214. Special provisions for redundancy payments.
216. Industrial disputes.
217. Reinstatement after military service.
218. Change of employer.
219. Reinstatement or re-engagement of dismissed employee.
Chapter II – A week’s pay
Introductory
220. Introductory.
Employments with normal working hours
221. General.
222. Remuneration varying according to time of work.
223. Supplementary.
Employments with no normal working hours
224. Employments with no normal working hours.
The calculation date
225. Rights during employment.
Maximum amount of week’s pay
227. Maximum amount.
Miscellaneous
228. New employments and other special cases.
229. Supplementary.
Chapter III – Other interpretation provisions
232. Shop workers.
233. Betting workers
235. Other definitions.
Part XV – General and supplementary
General
237. Financial provisions.
Reciprocal arrangements
238. Reciprocal arrangements with Northern Ireland.
239. Reciprocal arrangements with Isle of Man.
Final provisions
240. Consequential amendments.
241. Transitionals, savings and transitory provisions.
243. Commencement.
244. Extent.
245. Short title.
SCHEDULES – (Not Available Now)
Leave a Reply