Employment Rights Act 1996. •. Original (As enacted). Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial ...
Employment Rights Act 1996
Original (As enacted)
Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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1. Introductory Text 2. Collapse Part I Employment particulars 1. Right to statements of employment particulars 1. 1. Statement of initial employment particulars. 2. 2. Statement of initial particulars: supplementary. 3. 3. Note about disciplinary procedures and pensions. 4. 4. Statement of changes. 5. 5. Exclusion from rights to statements. 6. 6. Reasonably accessible document or collective agreement. 7. 7. Power to require particulars of further matters. 8. 7A. Use of alternative documents to give particulars 9. 7B. Giving of alternative documents before start of employment 2. Right to itemised pay statement 1. 8. Itemised pay statement. 2. 9. Standing statement of fixed deductions. 3. 10. Power to amend provisions about pay and standing statements. 3. Enforcement 1. 11. References to employment tribunals. 2. 12. Determination of references. 3. Collapse -
Part II Protection of wages 1. Deductions by employer 1. 13. Right not to suffer unauthorised deductions. 2. 14. Excepted deductions. 2. Payments to employer 1. 15. Right not to have to make payments to employer. 2. 16. Excepted payments. 3. Cash shortages and stock deficiencies in retail employment 1. 17. Introductory. 2. 18. Limits on amount and time of deductions. 3. 19. Wages determined by reference to shortages etc. 4. 20. Limits on method and timing of payments. 5. 21. Limit on amount of payments. 6. 22. Final instalments of wages. 4. Enforcement 1. 23. Complaints to employment tribunals. 2. 24. Determination of complaints. 3. 25. Determinations: supplementary. 4. 26. Complaints and other remedies. 5. Supplementary 1. 27. Meaning of “wages” etc. 4. Collapse Part III Guarantee payments 1. 28. Right to guarantee payment. 2. 29. Exclusions from right to guarantee payment. 3. 30. Calculation of guarantee payment. 4. 31. Limits on amount of and entitlement to guarantee payment.
5. 32. Contractual remuneration. 6. 33. Power to modify provisions about guarantee payments. 7. 34. Complaints to employment tribunals. 8. 35. Exemption orders. 5. Collapse Part IV Sunday working for shop and betting workers 1. Protected shop workers and betting workers 1. 36. Protected shop workers and betting workers. 2. 37. Contractual requirements relating to Sunday work. 3. 38. Contracts with guaranteed hours. 4. 39. Reduction of pay etc. 2. Opting-out of Sunday work 1. 40. Notice of objection to Sunday working. 2. 41. Opted-out shop workers and betting workers. 3. 42. Explanatory statement. 4. 43. Contractual requirements relating to Sunday work. 6. Collapse Part IVA Protected disclosures 1. 43A. Meaning of “protected disclosure”. 2. 43B. Disclosures qualifying for protection. 3. 43C. Disclosure to employer or other responsible person. 4. 43D. Disclosure to legal adviser. 5. 43E. Disclosure to Minister of the Crown. 6. 43F. Disclosure to prescribed person. 7. 43G. Disclosure in other cases. 8. 43H. Disclosure of exceptionally serious failure. 9. 43J. Contractual duties of confidentiality.
10. 43K. Extension of meaning of “worker” etc. for Part IVA. 11. 43KA. Application of this Part and related provisions to police 12. 43L. Other interpretative provisions. 7. Collapse Part V Protection from suffering detriment in employment 1. Rights not to suffer detriment 1. 43M.Jury service 2. 44. Health and safety cases. 3. 45. Sunday working for shop and betting workers. 4. 45A. Working time cases. 5. 46. Trustees of occupational pension schemes. 6. 47. Employee representatives. 7. 47A. Employees exercising right to time off work for study or training. 8. 47AA.Employees in England aged 16 or 17 participating in education or training 9. 47B. Protected disclosures. 10. 47C. Leave for family and domestic reasons. 11. 47D. Tax credits 12. 47E. Flexible working 13. 47F.Study and training 2. Enforcement 1. 48. Complaints to employment tribunals. 2. 49. Remedies. 3. Application to police of rights relating to health and safety 1. 49A. Application to police of section 44 and related provisions. 8. Collapse Part VI Time off work 1. Public duties
1. 50. Right to time off for public duties. 2. 51. Complaints to employment tribunals. 2. Looking for work and making arrangements for training 1. 52. Right to time off to look for work or arrange training. 2. 53. Right to remuneration for time off under section 52. 3. 54. Complaints to employment tribunals. 3. Ante-natal care 1. 55. Right to time off for ante-natal care. 2. 56. Right to remuneration for time off under section 55. 3. 57. Complaints to employment tribunals. 4. Ante-natal care: agency workers 1. 57ZA.Right to time off for ante-natal care (agency workers) 2. 57ZB.Right to remuneration for time off under section 57ZA 3. 57ZC.Complaint to employment tribunal: agency workers 4. 57ZD.Agency workers: supplementary 5. Dependants 1. 57A. Time off for dependants. 2. 57B. Complaint to employment tribunal. 6. Occupational pension scheme trustees 1. 58. Right to time off for pension scheme trustees. 2. 59. Right to payment for time off under section 58. 3. 60. Complaints to employment tribunals. 7. Employee representatives 1. 61. Right to time off for employee representatives. 2. 62. Right to remuneration for time off under section 61. 3. 63. Complaints to employment tribunals. 4. 63A. Right to time off for young person for study or training.
5. 63B. Right to remuneration for time off under section 63A. 6. 63C. Complaints to employment tribunals. 9. Collapse Part 6A Study and training 1. 63D.Statutory right to make request in relation to study or training 2. 63E.Section 63D application: supplementary 3. 63F.Employer's duties in relation to application 4. 63G.Regulations about dealing with applications 5. 63H.Employee's duties in relation to agreed study or training 6. 63I.Complaints to employment tribunals 7. 63J.Remedies 8. 63K.Supplementary 10. Collapse Part VII Suspension from work 1. Suspension on medical grounds 1. 64. Right to remuneration on suspension on medical grounds. 2. 65. Exclusions from right to remuneration. 2. Suspension on maternity grounds 1. 66. Meaning of suspension on maternity grounds. 2. 67. Right to offer of alternative work. 3. 68. Right to remuneration. 3. Ending the supply of an agency worker on maternity grounds 1. 68A.Meaning of ending the supply of an agency worker on maternity grounds 2. 68B.Right to offer of alternative work 3. 68C.Right to remuneration 4. 68D.Agency workers: supplementary 4. General
1. 69. Calculation of remuneration. 2. 69A.Calculation of remuneration (agency workers) 3. 70. Complaints to employment tribunals. 4. 70A.Complaints to employment tribunals: agency workers 11. Collapse Part VIII 1. Chapter I MATERNITY LEAVE 1. 71.(1) An employee may, provided that she satisfies any conditions... 2. 72. Compulsory maternity leave. 3. 73. Additional maternity leave. 4. 74. Redundancy and dismissal. 5. 75. Sections 71 to 73: supplemental. 2. Chapter 1A Adoption leave 1. 75A. Ordinary adoption leave 2. 75B. Additional adoption leave 3. 75C. Redundancy and dismissal 4. 75D. Chapter 1A: supplemental 3. Chapter II PARENTAL LEAVE 1. 76. Entitlement to parental leave. 2. 77. Rights during and after parental leave. 3. 78. Special cases. 4. 79. Supplemental. 5. 80. Complaint to employment tribunal. 4. Chapter 3 Paternity leave 1. 80A. Entitlement to ordinarypaternity leave: birth 2. 80AA.Entitlement to additional paternity leave: birth 3. 80B. Entitlement to ordinarypaternity leave: adoption
4. 80BB.Entitlement to additional paternity leave: adoption 5. 80C. Rights during and after paternity leave 6. 80D. Special cases 7. 80E. Chapter 3: supplemental 12. Collapse Part 8A Flexible working 1. 80F. Statutory right to request contract variation 2. 80G. Employer’s duties in relation to application under section 80F 3. 80H. Complaints to employment tribunals 4. 80I. Remedies 13. Collapse Part IX Termination of employment 1. Minimum period of notice 1. 86. Rights of employer and employee to minimum notice. 2. 87. Rights of employee in period of notice. 3. 88. Employments with normal working hours. 4. 89. Employments without normal working hours. 5. 90. Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit. 6. 91. Supplementary. 2. Written statement of reasons for dismissal 1. 92. Right to written statement of reasons for dismissal. 2. 93. Complaints to employment tribunal. 14. Collapse Part X Unfair dismissal 1. Chapter I Right not to be unfairly dismissed 1. The right 1. 94. The right.
2. Dismissal 1. 95. Circumstances in which an employee is dismissed. 2. 96. Failure to permit return after childbirth treated as dismissal. 3. 97. Effective date of termination. 3. Fairness 1. 98. General. 4. Retirement 1. 98ZA.No normal retirement age: dismissal before 65 2. 98ZB.No normal retirement age: dismissal at or after 65 3. 98ZC.Normal retirement age: dismissal before retirement age 4. 98ZD.Normal retirement age 65 or higher: dismissal at or after retirement age 5. 98ZE.Normal retirement age below 65: dismissal at or after retirement age 6. 98ZF.Reason for dismissal: particular matters 7. 98ZG.Retirement dismissals: fairness 8. 98ZH.Interpretation 5. Other dismissals 1. 98A. Procedural fairness 2. 98B.Jury service 3. 99. Leave for family reasons. 4. 100. Health and safety cases. 5. 101. Shop workers and betting workers who refuse Sunday work. 6. 101A. Working time cases. 7. 101B.Participation in education or training 8. 102. Trustees of occupational pension schemes. 9. 103. Employee representatives. 10. 103A. Protected disclosure.
11. 104. Assertion of statutory right. 12. 104A. The national minimum wage. 13. 104B. Tax credits 14. 104C. Flexible working 15. 104D.Pension enrolment 16. 104E.Study and training 17. 104F.Blacklists 18. 105. Redundancy. 19. 106. Replacements. 20. 107. Pressure on employer to dismiss unfairly. 6. Exclusion of right 1. 108. Qualifying period of employment. 2. 109. Upper age limit. 3. 110. Dismissal procedures agreements. 2. Chapter II Remedies for unfair dismissal 1. Introductory 1. 111. Complaints to employment tribunal. 2. 112. The remedies: orders and compensation. 2. Orders for reinstatement or re-engagement 1. 113. The orders. 2. 114. Order for reinstatement. 3. 115. Order for re-engagement. 4. 116. Choice of order and its terms. 5. 117. Enforcement of order and compensation. 3. Compensation 1. 118. General. 2. 119. Basic award.
3. 120. Basic award: minimum in certain cases. 4. 121. Basic award of two weeks’ pay in certain cases. 5. 122. Basic award: reductions. 6. 123. Compensatory award. 7. 124. Limit of compensatory award etc. 8. 124A. Adjustments under the Employment Act 2002 9. 125. Special award. 10. 126. Acts which are both unfair dismissal and discrimination. 11. 127. Dismissal of woman at or after end of maternity leave period. 12. 127A. Internal appeal procedures. 13. 127B. Dismissal as a result of protected disclosure. 4. Interim relief 1. 128. Interim relief pending determination of complaint. 2. 129. Procedure on hearing of application and making of order. 3. 130. Order for continuation of contract of employment. 4. 131. Application for variation or revocation of order. 5. 132. Consequence of failure to comply with order. 3. Chapter III Supplementary 1. 133. Death of employer or employee. 2. 134. Teachers in aided schools. 3. 134A. Application to police. 15. Collapse Part XI Redundancy payments etc. 1. Chapter I Right to redundancy payment 1. 135. The right. 2. Chapter II Right on dismissal by reason of redundancy 1. Dismissal by reason of redundancy
1. 136. Circumstances in which an employee is dismissed. 2. 137. Failure to permit return after childbirth treated as dismissal. 3. 138. No dismissal in cases of renewal of contract or re-engagement. 4. 139. Redundancy. 2. Exclusions 1. 140. Summary dismissal. 2. 141. Renewal of contract or re-engagement. 3. 142. Employee anticipating expiry of employer’s notice. 4. 143. Strike during currency of employer’s notice. 5. 144. Provisions supplementary to section 143. 3. Supplementary 1. 145. The relevant date. 2. 146. Provisions supplementing sections 138 and 141. 3. Chapter III Right by reason of lay-off or short-time 1. Lay-off and short-time 1. 147. Meaning of “lay-off” and “short-time”. 2. 148. Eligibility by reason of lay-off or short-time. 2. Exclusions 1. 149. Counter-notices. 2. 150. Resignation. 3. 151. Dismissal. 4. 152. Likelihood of full employment. 3. Supplementary 1. 153. The relevant date. 2. 154. Provisions supplementing sections 148 and 152. 4. Chapter IV General exclusions from right 1. 155. Qualifying period of employment.
2. 156. Upper age limit. 3. 157. Exemption orders. 4. 158. Pension rights. 5. 159. Public offices etc. 6. 160. Overseas government employment. 7. 161. Domestic servants. 5. Chapter V Other provisions about redundancy payments 1. 162. Amount of a redundancy payment. 2. 163. References to employment tribunals. 3. 164. Claims for redundancy payment. 4. 165. Written particulars of redundancy payment. 6. Chapter VI Payments by Secretary of State 1. 166. Applications for payments. 2. 167. Making of payments. 3. 168. Amount of payments. 4. 169. Information relating to applications for payments. 5. 170. References to employment tribunals. 7. Chapter VII Supplementary 1. Application of Part to particular cases 1. 171. Employment not under contract of employment. 2. 172. Termination of employment by statute. 3. 173. Employees paid by person other than employer. 2. Death of employer or employee 1. 174. Death of employer: dismissal. 2. 175. Death of employer: lay-off and short-time. 3. 176. Death of employee. 3. Equivalent payments
1. 177. References to employment tribunals. 4. Other supplementary provisions 1. 178. Old statutory compensation schemes. 2. 179. Notices. 3. 180. Offences. 4. 181. Interpretation. 16. Collapse Part XII Insolvency of employers 1. 182. Employee’s rights on insolvency of employer. 2. 183. Insolvency. 3. 184. Debts to which Part applies. 4. 185. The appropriate date. 5. 186. Limit on amount payable under section 182. 6. 187. Role of relevant officer. 7. 188. Complaints to employment tribunals. 8. 189. Transfer to Secretary of State of rights and remedies. 9. 190. Power to obtain information. 17. Collapse Part XIII Miscellaneous 1. Chapter I Particular types of employment 1. Crown employment etc. 1. 191. Crown employment. 2. 192. Armed forces. 3. 193. National security. 2. Parliamentary staff 1. 194. House of Lords staff. 2. 195. House of Commons staff.
3. Excluded classes of employment 1. 196. Employment outside Great Britain. 2. 197. Fixed-term contracts. 3. 198. Short-term employment. 4. 199. Mariners. 5. 200. Police officers. 4. Offshore employment 1. 201. Power to extend employment legislation to offshore employment. 2. Chapter II Other miscellaneous matters 1. Restrictions on disclosure of information 1. 202. National security. 2. Contracting out etc. and remedies 1. 203. Restrictions on contracting out. 2. 204. Law governing employment. 3. 205. Remedy for infringement of certain rights. 3. General provisions about death of employer or employee 1. 206. Institution or continuance of tribunal proceedings. 2. 207. Rights and liabilities accruing after death. 4. Modifications of Act 1. 208. Review of limits. 2. 209. Powers to amend Act. 18. Collapse Part XIV Interpretation 1. Chapter I Continuous employment 1. 210. Introductory. 2. 211. Period of continuous employment. 3. 212. Weeks counting in computing period.
4. 213. Intervals in employment. 5. 214. Special provisions for redundancy payments. 6. 215. Employment abroad etc. 7. 216. Industrial disputes. 8. 217. Reinstatement after military service. 9. 218. Change of employer. 10. 219. Reinstatement or re-engagement of dismissed employee. 2. Chapter II A week’s pay 1. Introductory 1. 220. Introductory. 2. Employments with normal working hours 1. 221. General. 2. 222. Remuneration varying according to time of work. 3. 223. Supplementary. 3. Employments with no normal working hours 1. 224. Employments with no normal working hours. 4. The calculation date 1. 225. Rights during employment. 2. 226. Rights on termination. 5. Maximum amount of week’s pay 1. 227. Maximum amount. 6. Miscellaneous 1. 228. New employments and other special cases. 2. 229. Supplementary. 3. Chapter III Other interpretation provisions 1. 230. Employees, workers etc. 2. 231. Associated employers.
3. 232. Shop workers. 4. 233. Betting workers 5. 234. Normal working hours. 6. 235. Other definitions. 19. Collapse Part XV General and supplementary 1. General 1. 236. Orders and regulations. 2. 237. Financial provisions. 2. Reciprocal arrangements 1. 238. Reciprocal arrangements with Northern Ireland. 2. 239. Reciprocal arrangements with Isle of Man. 3. Final provisions 1. 240. Consequential amendments. 2. 241. Transitionals, savings and transitory provisions. 3. 242. Repeals and revocations. 4. 243. Commencement. 5. 244. Extent. 6. 245. Short title. 20. SCHEDULES 1. Expand + SCHEDULE 1 Consequential amendments 2. Expand + SCHEDULE 2 Transitional provisions, savings and transitory provisions 3. Expand +
