Employment Rights Act 1996

Link to law: http://www.legislation.gov.uk/ukpga/1996/18/contents

Introductory Text

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.
4. Statement of changes.
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

8. 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
27. Meaning of “wages” etc.

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.
32. Contractual remuneration.
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.
39. Reduction of pay etc.

Opting-out of Sunday work

40. Notice of objection to Sunday working.
41. Opted-out shop workers and betting workers.
42. Explanatory statement.
43. Contractual requirements relating to Sunday work.

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.
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
44. Health and safety cases.
45. Sunday working for shop and betting workers.
45A. Working time cases.
46. Trustees of occupational pension schemes.
47. Employee representatives.
47A. Employees exercising right to time off work for study or training.
47AA.Employees in England aged 16 or 17 participating in education or training
47B. Protected disclosures.
47C. Leave for family and domestic reasons.
47D. Tax credits
47E. Flexible working
47F.Study and training

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 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

Dependants

57A. Time off for 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 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.
68. Right to remuneration.

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
68C.Right to remuneration
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.
74. Redundancy and dismissal.
75. Sections 71 to 73: supplemental.

Chapter 1A Adoption leave

75A. Ordinary adoption leave
75B. Additional adoption leave
75C. Redundancy and dismissal
75D. Chapter 1A: supplemental

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 ordinarypaternity leave: birth
80AA.Entitlement to additional paternity leave: birth
80B. Entitlement to ordinarypaternity leave: adoption
80BB.Entitlement to additional paternity leave: adoption
80C. Rights during and after paternity leave
80D. Special cases
80E. Chapter 3: 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 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.
90. Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
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. Failure to permit return after childbirth treated as 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

98A. Procedural fairness
98B.Jury service
99. Leave for family reasons.
100. Health and safety cases.
101. Shop workers and betting workers who refuse Sunday work.
101A. Working time cases.
101B.Participation in education or training
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
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.
112. The remedies: orders and compensation.

Orders for reinstatement or re-engagement

113. The orders.
114. Order for reinstatement.
115. Order for re-engagement.
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.
122. Basic award: reductions.
123. Compensatory award.
124. Limit of compensatory award etc.
124A. Adjustments under the Employment Act 2002
125. Special award.
126. Acts which are both unfair dismissal and discrimination.
127. Dismissal of woman at or after end of maternity leave period.
127A. Internal appeal procedures.
127B. Dismissal as a result of protected disclosure.

Interim relief

128. Interim relief pending determination of complaint.
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. Failure to permit return after childbirth treated as dismissal.
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.
185. The appropriate date.
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

194. House of Lords staff.
195. House of Commons staff.

Excluded classes of employment

196. Employment outside Great Britain.
197. Fixed-term contracts.
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.

Contracting out etc. and remedies

203. Restrictions on contracting out.
204. Law governing employment.
205. Remedy for infringement of certain rights.

General provisions about death of employer or employee

206. Institution or continuance of tribunal proceedings.
207. Rights and liabilities accruing after death.

Modifications of Act

208. Review of limits.
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.
213. Intervals in employment.
214. Special provisions for redundancy payments.
215. Employment abroad etc.
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.
226. Rights on termination.

Maximum amount of week’s pay
227. Maximum amount.

Miscellaneous

228. New employments and other special cases.
229. Supplementary.

Chapter III Other interpretation provisions

230. Employees, workers etc.
231. Associated employers.
232. Shop workers.
233. Betting workers
234. Normal working hours.
235. Other definitions.

Part XV General and supplementary

General

236. Orders and regulations.
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.
242. Repeals and revocations.
243. Commencement.
244. Extent.
245. Short title.

SCHEDULES

SCHEDULE 1
Consequential amendments

. . . . . . . . . ....
1.(1) Section 1 of the Equal Pay Act 1970 is...

The Atomic Energy Authority Act 1971 (c.11)
2.(1) Section 10 of the Atomic Energy Authority Act 1971...

The Attachment of Earnings Act 1971 (c.32)
3.Paragraph 3 of Part I of Schedule 3 to the...

The British Library Act 1972 (c.54)
4.In paragraph 13(3)(a) of the Schedule to the British Library...

The Health and Safety at Work etc. Act 1974 (c.37)
5.In section 80(2A) of the Health and Safety at Work...

The Sex Discrimination Act 1975 (c.65)
6.(1) The Sex Discrimination Act 1975 is amended as follows....

The Scottish Development Agency Act 1975 (c.69)
7.In paragraph 6 of Schedule 3 to the Scottish Development...

The Welsh Development Agency Act 1975 (c.70)
8.In paragraph 7 of Schedule 2 to the Welsh Development...

The Lotteries and Amusements Act 1976 (c.32)
9.In section 23(1) of the Lotteries and Amusements Act 1976,...

The Race Relations Act 1976 (c.74)
10.(1) The Race Relations Act 1976 is amended as follows....

The Development of Rural Wales Act 1976 (c.75)
11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The New Towns (Scotland) Act 1977 (c.16)
12.In section 3(6) of the New Towns (Scotland) Act 1977,...

The National Health Service (Scotland) Act 1978 (c.29)
13.In section 12C(3) of the National Health Service (Scotland) Act...

The House of Commons (Administration) Act 1978 (c.36)
14.In paragraph 1 of Schedule 2 to the House of...

The New Towns Act 1981 (c.64)
15.In section 54(5) of the New Towns Act 1981, for...

The Wildlife and Countryside Act 1981 (c.69)
16.In paragraph 8(4) of Schedule 13 to the Wildlife and...

The Hops Marketing Act 1982 (c.5)
17.In section 2(7) of the Hops Marketing Act 1982, for...

The Oil and Gas (Enterprise) Act 1982 (c.23)
18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Finance Act 1982 (c.32)
19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Administration of Justice Act 1982 (c.53)
20.In section 10(d) of the Administration of Justice Act 1982—...

The Health and Social Services and Social Security Adjudications Act 1983 (c.41)
21.In paragraph 23 of Part II of Schedule 3 to...

The National Audit Act 1983 (c.44)
22.In paragraph 2(3) of Schedule 2 to the National Audit...

The National Heritage Act 1983 (c.47)
23.In— (a) paragraph 5(5) of Part I of Schedule 1,...

The National Heritage (Scotland) Act 1985 (c.16)
24.In— (a) paragraph 5(5) of Part I, and

The Prosecution of Offences Act 1985 (c.23)
25.(1) The Prosecution of Offences Act 1985 is amended as...

The Local Government Act 1985 (c.51)
26.(1) The Local Government Act 1985 is amended as follows....

The Trustee Savings Banks Act 1985 (c.58)
27.In section 3(7) of the Trustee Savings Banks Act 1985,...

The Housing (Consequential Provisions) Act 1985 (c.71)
28.In paragraph 7(2)(b) of Schedule 4 to the Housing (Consequential...

The Insolvency Act 1986 (c.45)
29.In paragraph 13 of Schedule 6 to the Insolvency Act...

The Legal Aid (Scotland) Act 1986 (c.47)
30.In paragraph 10(1) of Schedule 1 to the Legal Aid...

The Debtors (Scotland) Act 1987 (c.18)
31.In section 73(3)(g) of the Debtors (Scotland) Act 1987, for...

The Pilotage Act 1987 (c.21)
32.In section 25(6) of the Pilotage Act 1987, for “Schedule...

The Housing (Scotland) Act 1987 (c.26)
33.In paragraph 10(2)(b) of Schedule 22 to the Housing (Scotland)...

The Consumer Protection Act 1987 (c.43)
34.In section 22(5) of the Consumer Protection Act 1987, for...

The Income and Corporation Taxes Act 1988 (c.1)
35.(1) The Income and Corporation Taxes Act 1988 is amended...

The Legal Aid Act 1988 (c.34)
36.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education Reform Act 1988 (c.40)
37.(1) The Education Reform Act 1988 is amended as follows....

The Local Government Finance Act 1988 (c.41)
38.In paragraph 6(4) of Schedule 11 to the Local Government...

The Housing (Scotland) Act 1988 (c.43)
39.In paragraph 12(1) of Schedule 1 to the Housing (Scotland)...

The Health and Medicines Act 1988 (c.49)
40.In section 18 of the Health and Medicines Act 1988,...

The Housing Act 1988 (c.50)
41.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Dock Work Act 1989 (c.13)
42.In section 6(3) of the Dock Work Act 1989—

The Electricity Act 1989 (c.29)
43.(1) The Electricity Act 1989 is amended as follows.

The Local Government and Housing Act 1989 (c.42)
44.In section 10 of the Local Government and Housing Act...

The National Health Service and Community Care Act 1990 (c.19)
45.(1) The National Health Service and Community Care Act 1990...

The Enterprise and New Towns (Scotland) Act 1990 (c.35)
46.In paragraph 17(1) of Schedule 1 to the Enterprise and...

The Environmental Protection Act 1990 (c.43)
47.In paragraph 15 of Schedule 10 to the Environmental Protection...

The Natural Heritage (Scotland) Act 1991 (c.28)
48.In paragraph 4 of Schedule 4 to the Natural Heritage...

The Coal Mining Subsidence Act 1991 (c.45)
49.In section 30(7) of the Coal Mining Subsidence Act 1991—...

The Ports Act 1991 (c.52)
50.In section 24(8) of the Ports Act 1991, for the...

The Social Security Contributions and Benefits Act 1992 (c.4)
51.(1) The Social Security Contributions and Benefits Act 1992 is...

The Further and Higher Education Act 1992 (c.13)
52.(1) The Further and Higher Education Act 1992 is amended...

The Timeshare Act 1992 (c.35)
53.In section 1 of the Timeshare Act 1992—

The Further and Higher Education (Scotland) Act 1992 (c.37)
54.In section 33(3)(b) of the Further and Higher Education (Scotland)...

The Museums and Galleries Act 1992 (c.44)
55.In section 1(7) of the Museums and Galleries Act 1992,...

The Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)
56.(1) The Trade Union and Labour Relations (Consolidation) Act 1992...

The Tribunals and Inquiries Act 1992 (c.53)
57.In section 11(2) of the Tribunals and Inquiries Act 1992,...

The Social Security Act 1993 (c.3)
58.In section 2(4)(b) of the Social Security Act 1993, for...

The Education Act 1993 (c.35)
59.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Railways Act 1993 (c.43)
60.(1) The Railways Act 1993 is amended as follows.

The Pension Schemes Act 1993 (c.48)
61.(1) The Pension Schemes Act 1993 is amended as follows....

The Finance Act 1994 (c.9)
62.In paragraph 27 of Schedule 24 to the Finance Act...

The Local Government (Wales) Act 1994 (c.19)
63.(1) The Local Government (Wales) Act 1994 is amended as...

The Coal Industry Act 1994 (c.21)
64.In paragraph 4(11) of Schedule 5 to the Coal Industry...

The Criminal Justice and Public Order Act 1994 (c.33)
65.In section 126(2) of the Criminal Justice and Public Order...

The Local Government etc. (Scotland) Act 1994 (c.39)
66.(1) The Local Government etc. (Scotland) Act 1994 is amended...

The Jobseekers Act 1995 (c.18)
67.(1) The Jobseekers Act 1995 is amended as follows.

The Environment Act 1995 (c.25)
68.In paragraph 3 of Schedule 2 to the Environment Act...

The Disability Discrimination Act 1995 (c.50)
69.(1) The Disability Discrimination Act 1995 is amended as follows....

SCHEDULE 2
Transitional provisions, savings and transitory provisions

Part I Transitional provisions and savings

General transitionals and savings

1.The substitution of this Act for the provisions repealed or...
2.(1) Anything done, or having effect as done, (including the...
3.Any reference (express or implied) in this Act or any...
4.(1) Any reference (express or implied) in any enactment, or...
5.Paragraphs 1 to 4 have effect in place of section...

Preservation of old transitionals and savings
6.(1) The repeal by this Act of an enactment previously...

Employment particulars
7.(1) In this paragraph “pre-TURERA employee” means an employee whose...

Monetary limits in old cases
8.In relation to any case in which (but for this...

Shop workers and betting workers to whom old maternity provisions applied
9.(1) This paragraph applies where an employee exercised a right...

Validity of provisions deriving from certain regulations
10.Any question as to the validity of any of sections...

Unfair dismissal
11.Part X does not apply to a dismissal from employment...

Redundancy payments
12.(1) Section 135 does not apply to an employee who...

Periods of employment

13.(1) The reference in section 215(2)(b) to a person being...
14.(1) Subject to paragraph 13 and sub-paragraphs (2) and (3)...

Part II Transitory provisions

Occupational pension scheme trustees
15.(1) If sections 42 to 46 of the Pensions Act...

Armed forces

16.(1) If section 31 of the Trade Union Reform and...
17.(1) If Part XI of the Reserve Forces Act 1996...

Disability discrimination
18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3
Repeals and revocations

Part I Repeals

Part II Revocations

TABLE OF DERIVATIONS

1.Notes:
2.The following abbreviations are used in the Table— BGLA =...
Read Entire Law on www.legislation.gov.uk