Annotations of Amendments to the Employment Rights Act 1996, Lecture notes of Art

Download Annotations of Amendments to the Employment Rights Act 1996 and more Lecture notes Art in PDF only on Docsity! Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Employment Rights Act 1996 1996 CHAPTER 18 An Act to consolidate enactments relating to employment rights. [22nd May 1996] 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:— Annotations: Extent Information E1 For the extent of this Act generally, see s. 244; in particular, provisions which refer to shop workers and betting workers extend to England and Wales only Modifications etc. (not altering text) C1 Act restricted (22.8.1996) by 1996 c. 17, ss. 21, 46 (with s. 38) Act restricted (25.11.1998 for specified purposes and otherwise 8.5.2000) by 1998 c. 45, s. 6, Sch. 3 para. 10; S.I. 1998/2952, art. 2; S.I. 2000/1173, art. 2(2)(b) C2 Act modified (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(2), 55(2), Sch. 4 para. 9(2) Act modified (25.11.1998 for specified purposes and otherwise 8.5.2000) by 1998 c. 45, s. 6, Sch. 3 para. 9(3); S.I. 1998/2952, art. 2; S.I. 2000/1173, art. 2(2)(b) Act modified (27.9.1999) by 1999 c. 22, ss. 105, 108(3), Sch. 14 Pt. II paras. 2(1)(b), 4(b), 7(2), Pt. V para. 33(7)(b) (with Sch. 14 para. 7(2)) Act modified (1.4.2000) by S.I. 2000/935, art. 3 Act modified (S.) (1.4.2000) by 2000 asp 1, s. 10, Sch. 2 para. 8(3); S.S.I. 2000/10, art. 2(3) Act modified (12.1.2000) by 1999 c. 29, s. 410(5) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2 Act modified (3.7.2000) by 1980 c. 66, s. 266B(7) (as inserted (3.7.2000) by 1999 c. 29, s. 265 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(c), Sch. Pt. 3) Act modified (1.11.2000) by 2000 c. 27, s. 3(8), Sch. 3 para. 9; S.I. 2000/2917, art. 2 Act modified (E.W.) (30.11.2000) by 2000 c. 43, ss. 21(4)-(6), 22(5)-(8), 23, 80(3) Act modified (15.1.2001) by 2000 c. 38, ss. 240, 250, Sch. 26 para. 12(b); S.I. 2000/3376, art. 2 Act modified (30.1.2001) by 2000 c. 38, s. 211, Sch. 15 para. 11; S.I. 2001/57, art. 2, Sch. 1 Act modified (30.1.2001) by 2000 c. 38, s. 218, Sch. 19 para. 12(b); S.I. 2001/57, art. 2, Sch. 1 Act modified (1.2.2001) by 2000 c. 38, s. 215(7); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II) 2 Employment Rights Act 1996 (c. 18) Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Act modified (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 41(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II) Act modified (1.2.2001) by 2000 c. 38, s. 217, Sch. 18 para. 16(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II) Act modified (1.2.2001) by 2000 c. 38, s. 220, Sch. 21 para. 13(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II) Act modified (1.2.2001) by 2000 c. 38, s. 240, Sch. 25 para. 12; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II) Act modified (S.) (prosp.) by 2001 asp 10, ss. 86(3), 113(1) C3 Act applied (1.9.1999) by 1998 c. 31, s. 54, Sch. 16 para. 27(3)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 Act applied (1.9.1999) by 1998 c. 31, s. 55, Sch. 17 paras. 24(4)(b), 27 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 Act applied (with modifications) (1.9.1999) by S.I. 1999/2277, art. 5(1) Act applied (S.) (8.9.2000) by 2000 asp 10, s. 29, Sch. 4 para. 6(3) (with s. 32); S.S.I. 2000/312, art. 2 Act applied (6.11.2000) by 2000 c. 26, s. 118(4)(5); S.I. 2000/2957, art. 2(1), Sch. 1 Act applied (with modifications) (8.12.2002) by The Paternity and Adoption Leave Regulations 2002 (S.I. 2002/2788), reg. 30(2)(b) C4 Act: power to modify conferred (25.2.1999 for certain purposes and otherwise 1.4.1999) by 1999 c. 2, ss. 15(1)(2)(b), 28(2); S.I. 1999/527, art. 2(b), Sch. 2 Act: power to amend conferred (25.10.1999) by 1999 c. 26, s. 19(3)(f); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I Act: power to apply conferred (25.10.1999) by 1999 c. 26, s. 23(1)(b); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I Act: power to amend or apply conferred (8.7.2002) by Employment Act 2002 (c. 22), ss. 45(3)(d)(i), 55(2) C5 Act amended (E.W.) (1.4.2001) by 2000 c. 43, s. 4, Sch. 1 para. 3(5); S.I. 2001/919, art. 2(e) (with art. 3) C6 Act modified (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), arts. 1, 6(8)(b) C7 Act: modified (8.6.2005 for certain purposes, otherwise 24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 12, 60, Sch. 2 para. 9(1)(b); S.I. 2005/1444, art. 2, Sch. 1; S.I. 2005/1909, art. 2, Sch. C8 Act: modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), arts. 1(1), 5(1) C9 Act modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), art. 3, Sch. Commencement Information I1 Act not in force at Royal Assent: see s. 243 I2 This Act has effect with the omission of s. 219(3)(d)(4)(a)(iv) until the relevant commencement date as defined by Sch. 2 Part II para. 18(2) of this Act. See Sch. 2 Part II para. 18. I3 This Act has effect with the omission of sections 46, 58, 59, 60, and 102 until the relevant commencement date as defined by Sch. 2 Part II para 15(2) of this Act. See Sch. 2 Part II para. 15. Employment Rights Act 1996 (c. 18) Part I – Employment particulars Document Generated: 2012-07-03 5 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (i) a person to whom the employee can apply if dissatisfied with any disciplinary decision relating to him [F2or any decision to dismiss him] , and (ii) a person to whom the employee can apply for the purpose of seeking redress of any grievance relating to his employment, and the manner in which any such application should be made, and (c) where there are further steps consequent on any such application, explaining those steps or referring to the provisions of a document explaining them which is reasonably accessible to the employee. (2) Subsection (1) does not apply to rules, disciplinary decisions, [F3decisions to dismiss] grievances or procedures relating to health or safety at work. (3) F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) The note shall also state whether there is in force a contracting-out certificate (issued in accordance with Chapter I of Part III of the M1Pension Schemes Act 1993) stating that the employment is contracted-out employment (for the purposes of that Part of that Act). Annotations: Amendments (Textual) F1 S. 3(1)(aa) inserted (1.10.2004) by Employment Act 2002 (c. 22), ss. 35(2), 55(2); S.I. 2004/1717, art. 2(2) (subject to art. 3) F2 Words in s. 3(1)(b)(i) inserted (1.10.2004) by Employment Act 2002 (c. 22), ss. 35(3), 55(2); S.I. 2004/1717, art. 2(2) (subject to art. 3) F3 Words in s. 3(2) inserted (1.10.2004) by Employment Act 2002 (c. 22), ss. 35(4), 55(2); S.I. 2004/1717, art. 2(2) (subject to art. 3) F4 S. 3(3)(4) ceased to have effect (1.10.2004) and repealed (prosp.) by Employment Act 2002 (c. 22), ss. 36, 54, 55(2), Sch. 8; S.I. 2004/1717, art. 2(2) (subject to art. 3) Marginal Citations M1 1993 c. 48. 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 a statement under section 1, the employer shall give to the employee a written statement containing particulars of the change. (2) For the purposes of subsection (1)— (a) in relation to a matter particulars of which are included or referred to in a statement given under section 1 otherwise than in instalments, the material date is the date to which the statement relates, (b) in relation to a matter particulars of which— (i) are included or referred to in an instalment of a statement given under section 1, or 6 Employment Rights Act 1996 (c. 18) Part I – Employment particulars Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (ii) are required by section 2(4) to be included in a single document but are not included in an instalment of a statement given under section 1 which does include other particulars to which that provision applies, the material date is the date to which the instalment relates, and (c) in relation to any other matter, the material date is the date by which a statement under section 1 is required to be given. (3) A statement under subsection (1) shall be given at the earliest opportunity and, in any event, not later than— (a) one month after the change in question, or (b) where that change results from the employee being required to work outside the United Kingdom for a period of more than one month, the time when he leaves the United Kingdom in order to begin so to work, if that is earlier. (4) A statement under subsection (1) may refer the employee to the provisions of some other document which is reasonably accessible to the employee for a change in any of the matters specified in sections 1(4)(d)(ii) and (iii) and 3(1)(a) and (c). (5) A statement under subsection (1) may refer the employee for a change in either of the matters specified in section 1(4)(e) to the law or to the provisions of any collective agreement directly affecting the terms and conditions of the employment which is reasonably accessible to the employee. (6) Where, after an employer has given to an employee a statement under section 1, either — (a) the name of the employer (whether an individual or a body corporate or partnership) is changed without any change in the identity of the employer, or (b) the identity of the employer is changed in circumstances in which the continuity of the employee’s period of employment is not broken, and subsection (7) applies in relation to the change, the person who is the employer immediately after the change is not required to give to the employee a statement under section 1; but the change shall be treated as a change falling within subsection (1) of this section. (7) This subsection applies in relation to a change if it does not involve any change in any of the matters (other than the names of the parties) particulars of which are required by sections 1 to 3 to be included or referred to in the statement under section 1. (8) A statement under subsection (1) which informs an employee of a change such as is referred to in subsection (6)(b) shall specify the date on which the employee’s period of continuous employment began. 5 Exclusion from rights to statements. (1) Sections 1 to 4 apply to an employee who at any time comes or ceases to come within the exceptions from those sections provided by [F5section] 199, and under section 209, as if his employment with his employer terminated or began at that time. (2) The fact that section 1 is directed by subsection (1) to apply to an employee as if his employment began on his ceasing to come within the exceptions referred to in that subsection does not affect the obligation under section 1(3)(b) to specify the date on which his employment actually began. Employment Rights Act 1996 (c. 18) Part I – Employment particulars Document Generated: 2012-07-03 7 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Annotations: Amendments (Textual) F5 Words in s. 5(1) substituted (25.10.1999) by 1999 c. 26, s. 32(3); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 7(2)) 6 Reasonably accessible document or collective agreement. In sections 2 to 4 references to a document or collective agreement which is reasonably accessible to an employee are references to a document or collective agreement which — (a) the employee has reasonable opportunities of reading in the course of his employment, or (b) is made reasonably accessible to the employee in some other way. 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 included in the particulars required by that section; and, for that purpose, the order may include such provisions amending that section as appear to the Secretary of State to be expedient. [F67A Use of alternative documents to give particulars (1) Subsections (2) and (3) apply where— (a) an employer gives an employee a document in writing in the form of a contract of employment or letter of engagement, (b) the document contains information which, were the document in the form of a statement under section 1, would meet the employer’s obligation under that section in relation to the matters mentioned in subsections (3) and (4)(a) to (c), (d)(i), (f) and (h) of that section, and (c) the document is given after the beginning of the employment and before the end of the period for giving a statement under that section. (2) The employer’s duty under section 1 in relation to any matter shall be treated as met if the document given to the employee contains information which, were the document in the form of a statement under that section, would meet the employer’s obligation under that section in relation to that matter. (3) The employer’s duty under section 3 shall be treated as met if the document given to the employee contains information which, were the document in the form of a statement under section 1 and the information included in the form of a note, would meet the employer’s obligation under section 3. (4) For the purposes of this section a document to which subsection (1)(a) applies shall be treated, in relation to information in respect of any of the matters mentioned in section 1(4), as specifying the date on which the document is given to the employee as the date as at which the information applies. (5) Where subsection (2) applies in relation to any matter, the date on which the document by virtue of which that subsection applies is given to the employee shall be the material date in relation to that matter for the purposes of section 4(1). 10 Employment Rights Act 1996 (c. 18) Part I – Employment particulars Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (2) Where— (a) a statement purporting to be a statement under section 1 or 4, or a pay statement or a standing statement of fixed deductions purporting to comply with section 8 or 9, has been given to an employee, and (b) a question arises as to the particulars which ought to have been included or referred to in the statement so as to comply with the requirements of this Part, either the employer or the employee may require the question to be referred to and determined by an [F7employment tribunal]. (3) For the purposes of this section— (a) a question as to the particulars which ought to have been included in the note required by section 3 to be included in the statement under section 1 does not include any question whether the employment is, has been or will be contracted-out employment (for the purposes of Part III of the M2Pension Schemes Act 1993), and (b) a question as to the particulars which ought to have been included in a pay statement or standing statement of fixed deductions does not include a question solely as to the accuracy of an amount stated in any such particulars. (4) An [F7employment tribunal] shall not consider a reference under this section in a case where the employment to which the reference relates has ceased unless an application requiring the reference to be made was made— (a) before the end of the period of three months beginning with the date on which the employment ceased, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the application to be made before the end of that period of three months. Annotations: Amendments (Textual) F7 Words in s. 11(1)(2)(4) and sidenote to s. 11 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 Modifications etc. (not altering text) C10 S. 11: power to apply conferred (1.4.1999) by 1998 c. 39, s. 12(4)(a) (with s. 36); S.I. 1998/2574, art. 2(2), Sch. 2 Marginal Citations M2 1993 c. 48. 12 Determination of references. (1) Where, on a reference under section 11(1), an [F8employment tribunal] determines particulars as being those which ought to have been included or referred to in a statement given under section 1 or 4, the employer shall be deemed to have given to the employee a statement in which those particulars were included, or referred to, as specified in the decision of the tribunal. (2) On determining a reference under section 11(2) relating to a statement purporting to be a statement under section 1 or 4, an [F8employment tribunal] may— Employment Rights Act 1996 (c. 18) Part II – Protection of wages Document Generated: 2012-07-03 11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (a) confirm the particulars as included or referred to in the statement given by the employer, (b) amend those particulars, or (c) substitute other particulars for them, as the tribunal may determine to be appropriate; and the statement shall be deemed to have been given by the employer to the employee in accordance with the decision of the tribunal. (3) Where on a reference under section 11 an [F8employment tribunal] finds— (a) that an employer has failed to give an employee any pay statement in accordance with section 8, or (b) that a pay statement or standing statement of fixed deductions does not, in relation to a deduction, contain the particulars required to be included in that statement by that section or section 9, the tribunal shall make a declaration to that effect. (4) Where on a reference in the case of which subsection (3) applies the tribunal further finds that any unnotified deductions have been made from the pay of the employee during the period of thirteen weeks immediately preceding the date of the application for the reference (whether or not the deductions were made in breach of the contract of employment), the tribunal may order the employer to pay the employee a sum not exceeding the aggregate of the unnotified deductions so made. (5) For the purposes of subsection (4) a deduction is an unnotified deduction if it is made without the employer giving the employee, in any pay statement or standing statement of fixed deductions, the particulars of the deduction required by section 8 or 9. Annotations: Amendments (Textual) F8 Words in s. 12(1)(2)(3) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 Modifications etc. (not altering text) C11 S. 12: power to apply conferred (1.4.1999) by 1998 c. 39, s. 12(4)(a)(with s. 36); S.I. 1998/2574, art. 2(2), Sch. 2 PART II PROTECTION OF WAGES Annotations: Modifications etc. (not altering text) C12 Pt. II(ss. 13-27) modified (1.4.1999) by 1998 c. 39, s. 18(1)(a)(2)(with s. 36); S.I. 1998/2574, art. 2(2), Sch. 2 12 Employment Rights Act 1996 (c. 18) Part II – Protection of wages Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Deductions by employer 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 statutory provision or a relevant provision of the worker’s contract, or (b) the worker has previously signified in writing his agreement or consent to the making of the deduction. (2) In this section “relevant provision”, in relation to a worker’s contract, means a provision of the contract comprised— (a) in one or more written terms of the contract of which the employer has given the worker a copy on an occasion prior to the employer making the deduction in question, or (b) in one or more terms of the contract (whether express or implied and, if express, whether oral or in writing) the existence and effect, or combined effect, of which in relation to the worker the employer has notified to the worker in writing on such an occasion. (3) Where the total amount of wages paid on any occasion by an employer to a worker employed by him is less than the total amount of the wages properly payable by him to the worker on that occasion (after deductions), the amount of the deficiency shall be treated for the purposes of this Part as a deduction made by the employer from the worker’s wages on that occasion. (4) Subsection (3) does not apply in so far as the deficiency is attributable to an error of any description on the part of the employer affecting the computation by him of the gross amount of the wages properly payable by him to the worker on that occasion. (5) For the purposes of this section a relevant provision of a worker’s contract having effect by virtue of a variation of the contract does not operate to authorise the making of a deduction on account of any conduct of the worker, or any other event occurring, before the variation took effect. (6) For the purposes of this section an agreement or consent signified by a worker does not operate to authorise the making of a deduction on account of any conduct of the worker, or any other event occurring, before the agreement or consent was signified. (7) This section does not affect any other statutory provision by virtue of which a sum payable to a worker by his employer but not constituting “wages” within the meaning of this Part is not to be subject to a deduction at the instance of the employer. 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 in respect of— (a) an overpayment of wages, or (b) an overpayment in respect of expenses incurred by the worker in carrying out his employment, made (for any reason) by the employer to the worker. Employment Rights Act 1996 (c. 18) Part II – Protection of wages Document Generated: 2012-07-03 15 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (b) the collection by the worker of amounts payable in connection with retail transactions carried out by other persons directly with members of the public or with fellow workers or other individuals in their personal capacities. (3) References in this section to a “retail transaction” are to the sale or supply of goods or the supply of services (including financial services). (4) References in the following provisions of this Part to a deduction made from wages of a worker in retail employment, or to a payment received from such a worker by his employer, on account of a cash shortage or stock deficiency include references to a deduction or payment so made or received on account of— (a) any dishonesty or other conduct on the part of the worker which resulted in any such shortage or deficiency, or (b) any other event in respect of which he (whether or not together with any other workers) has any contractual liability and which so resulted, in each case whether or not the amount of the deduction or payment is designed to reflect the exact amount of the shortage or deficiency. (5) References in the following provisions of this Part to the recovery from a worker of an amount in respect of a cash shortage or stock deficiency accordingly include references to the recovery from him of an amount in respect of any such conduct or event as is mentioned in subsection (4)(a) or (b). (6) In the following provisions of this Part “pay day”, in relation to a worker, means a day on which wages are payable to the worker. 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, a deduction or deductions from wages payable to the worker on a pay day, the amount or aggregate amount of the deduction or deductions shall not exceed one-tenth of the gross amount of the wages payable to the worker on that day. (2) Where the employer of a worker in retail employment makes a deduction from the worker’s wages on account of a cash shortage or stock deficiency, the employer shall not be treated as making the deduction in accordance with section 13 unless (in addition to the requirements of that section being satisfied with respect to the deduction)— (a) the deduction is made, or (b) in the case of a deduction which is one of a series of deductions relating to the shortage or deficiency, the first deduction in the series was made, not later than the end of the relevant period. (3) In subsection (2) “the relevant period” means the period of twelve months beginning with the date when the employer established the existence of the shortage or deficiency or (if earlier) the date when he ought reasonably to have done so. 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 part of them is or 16 Employment Rights Act 1996 (c. 18) Part II – Protection of wages Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) may be determined by reference to the incidence of cash shortages or stock deficiencies, and (b) the gross amount of the wages payable to the worker on any pay day is, on account of any such shortages or deficiencies, less than the gross amount of the wages that would have been payable to him on that day if there had been no such shortages or deficiencies. (2) The amount representing the difference between the two amounts referred to in subsection (1)(b) shall be treated for the purposes of this Part as a deduction from the wages payable to the worker on that day made by the employer on account of the cash shortages or stock deficiencies in question. (3) The second of the amounts referred to in subsection (1)(b) shall be treated for the purposes of this Part (except subsection (1)) as the gross amount of the wages payable to him on that day. (4) Accordingly— (a) section 13, and (b) if the requirements of section 13 and subsection (2) of section 18 are satisfied, subsection (1) of section 18, have effect in relation to the amount referred to in subsection (2) of this section. 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 shall not be treated as receiving the payment in accordance with section 15 unless (in addition to the requirements of that section being satisfied with respect to the payment) he has previously— (a) notified the worker in writing of the worker’s total liability to him in respect of that shortage or deficiency, and (b) required the worker to make the payment by means of a demand for payment made in accordance with the following provisions of this section. (2) A demand for payment made by the employer of a worker in retail employment in respect of a cash shortage or stock deficiency— (a) shall be made in writing, and (b) shall be made on one of the worker’s pay days. (3) A demand for payment in respect of a particular cash shortage or stock deficiency, or (in the case of a series of such demands) the first such demand, shall not be made— (a) earlier than the first pay day of the worker following the date when he is notified of his total liability in respect of the shortage or deficiency in pursuance of subsection (1)(a) or, where he is so notified on a pay day, earlier than that day, or (b) later than the end of the period of twelve months beginning with the date when the employer established the existence of the shortage or deficiency or (if earlier) the date when he ought reasonably to have done so. (4) For the purposes of this Part a demand for payment shall be treated as made by the employer on one of a worker’s pay days if it is given to the worker or posted to, or left at, his last known address— (a) on that pay day, or Employment Rights Act 1996 (c. 18) Part II – Protection of wages Document Generated: 2012-07-03 17 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (b) in the case of a pay day which is not a working day of the employer’s business, on the first such working day following that pay day. (5) Legal proceedings by the employer of a worker in retail employment for the recovery from the worker of an amount in respect of a cash shortage or stock deficiency shall not be instituted by the employer after the end of the period referred to in subsection (3) (b) unless the employer has within that period made a demand for payment in respect of that amount in accordance with this section. 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 aggregate amount required to be paid by the worker in pursuance of the demand or demands shall not exceed— (a) one-tenth of the gross amount of the wages payable to the worker on that day, or (b) where one or more deductions falling within section 18(1) are made by the employer from those wages, such amount as represents the balance of that one-tenth after subtracting the amount or aggregate amount of the deduction or deductions. (2) Once an amount has been required to be paid by means of a demand for payment made in accordance with section 20 on any pay day, that amount shall not be taken into account under subsection (1) as it applies to any subsequent pay day, even though the employer is obliged to make further requests for it to be paid. (3) Where in any legal proceedings the court finds that the employer of a worker in retail employment is (in accordance with section 15 as it applies apart from section 20(1)) entitled to recover an amount from the worker in respect of a cash shortage or stock deficiency, the court shall, in ordering the payment by the worker to the employer of that amount, make such provision as appears to the court to be necessary to ensure that it is paid by the worker at a rate not exceeding that at which it could be recovered from him by the employer in accordance with this section. 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 amount payable by way of contractual remuneration in respect of the last of the periods for which he is employed under his contract prior to its termination for any reason (but excluding any wages referable to any earlier such period), or (b) where an amount in lieu of notice is paid to the worker later than the amount referred to in paragraph (a), the amount so paid, in each case whether the amount in question is paid before or after the termination of the worker’s contract. (2) Section 18(1) does not operate to restrict the amount of any deductions which may (in accordance with section 13(1)) be made by the employer of a worker in retail employment from the worker’s final instalment of wages. (3) Nothing in section 20 or 21 applies to a payment falling within section 20(1) which is made on or after the day on which any such worker’s final instalment of wages is paid; 20 Employment Rights Act 1996 (c. 18) Part II – Protection of wages Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) with respect to any lesser amount, the amount of the deduction shall for the purposes of section 24(a) be treated as reduced by the amount with respect to which that condition was satisfied. (2) Where, in the case of any complaint under section 23(1)(b), a tribunal finds that, although neither of the conditions set out in section 15(1)(a) and (b) was satisfied with respect to the whole amount of the payment, one of those conditions was satisfied with respect to any lesser amount, the amount of the payment shall for the purposes of section 24(b) be treated as reduced by the amount with respect to which that condition was satisfied. (3) An employer shall not under section 24 be ordered by a tribunal to pay or repay to a worker any amount in respect of a deduction or payment, or in respect of any combination of deductions or payments, in so far as it appears to the tribunal that he has already paid or repaid any such amount to the worker. (4) Where a tribunal has under section 24 ordered an employer to pay or repay to a worker any amount in respect of a particular deduction or payment falling within section 23(1) (a) to (d), the amount which the employer is entitled to recover (by whatever means) in respect of the matter in relation to which the deduction or payment was originally made or received shall be treated as reduced by that amount. (5) Where a tribunal has under section 24 ordered an employer to pay or repay to a worker any amount in respect of any combination of deductions or payments falling within section 23(1)(c) or (d), the aggregate amount which the employer is entitled to recover (by whatever means) in respect of the cash shortages or stock deficiencies in relation to which the deductions or payments were originally made or required to be made shall be treated as reduced by that amount. 26 Complaints and other remedies. Section 23 does not affect the jurisdiction of an [F13employment tribunal] to consider a reference under section 11 in relation to any deduction from the wages of a worker; but the aggregate of any amounts ordered by an [F13employment tribunal] to be paid under section 12(4) and under section 24 (whether on the same or different occasions) in respect of a particular deduction shall not exceed the amount of the deduction. Annotations: Amendments (Textual) F13 Words in s. 26 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 Supplementary 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, commission, holiday pay or other emolument referable to his employment, whether payable under his contract or otherwise, Employment Rights Act 1996 (c. 18) Part II – Protection of wages Document Generated: 2012-07-03 21 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (b) statutory sick pay under Part XI of the M4Social Security Contributions and Benefits Act 1992, (c) statutory maternity pay under Part XII of that Act, [F14(ca) [F15ordinary statutory paternity pay or additional statutory paternity pay] under Part 12ZA of that Act, (cb) statutory adoption pay under Part 12ZB of that Act,] (d) a guarantee payment (under section 28 of this Act), (e) any payment for time off under Part VI of this Act or section 169 of the M5Trade Union and Labour Relations (Consolidation) Act 1992 (payment for time off for carrying out trade union duties etc.), (f) remuneration on suspension on medical grounds under section 64 of this Act and remuneration on suspension on maternity grounds under section 68 of this Act, [F16(fa) remuneration on ending the supply of an agency worker on maternity grounds under section 68C of this Act.] (g) any sum payable in pursuance of an order for reinstatement or re-engagement under section 113 of this Act, (h) any sum payable in pursuance of an order for the continuation of a contract of employment under section 130 of this Act or section 164 of the Trade Union and Labour Relations (Consolidation) Act 1992, and (j) remuneration under a protective award under section 189 of that Act, but excluding any payments within subsection (2). (2) Those payments are— (a) any payment by way of an advance under an agreement for a loan or by way of an advance of wages (but without prejudice to the application of section 13 to any deduction made from the worker’s wages in respect of any such advance), (b) any payment in respect of expenses incurred by the worker in carrying out his employment, (c) any payment by way of a pension, allowance or gratuity in connection with the worker’s retirement or as compensation for loss of office, (d) any payment referable to the worker’s redundancy, and (e) any payment to the worker otherwise than in his capacity as a worker. (3) Where any payment in the nature of a non-contractual bonus is (for any reason) made to a worker by his employer, the amount of the payment shall for the purposes of this Part— (a) be treated as wages of the worker, and (b) be treated as payable to him as such on the day on which the payment is made. (4) In this Part “gross amount”, in relation to any wages payable to a worker, means the total amount of those wages before deductions of whatever nature. (5) For the purposes of this Part any monetary value attaching to any payment or benefit in kind furnished to a worker by his employer shall not be treated as wages of the worker except in the case of any voucher, stamp or similar document which is— (a) of a fixed value expressed in monetary terms, and (b) capable of being exchanged (whether on its own or together with other vouchers, stamps or documents, and whether immediately or only after a time) for money, goods or services (or for any combination of two or more of those things). 22 Employment Rights Act 1996 (c. 18) Part III – Guarantee payments Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Annotations: Amendments (Textual) F14 S. 27(1)(ca)(cb) inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 25; S.I. 2002/2866, art. 2(2) Sch. 1 Pt. 2 F15 Words in s. 27(1)(ca) substituted (6.4.2010) by Work and Families Act 2006 (c. 18), ss. 11, 19, Sch. 1 para. 29; S.I. 2010/495, art. 4(d) F16 S. 27(1)(fa) inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), Reg. 25, Sch. 2 para. 10 Marginal Citations M4 1992 c. 4. M5 1992 c. 52. PART III GUARANTEE PAYMENTS 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 is not provided with work by his employer by reason of— (a) a diminution in the requirements of the employer’s business for work of the kind which the employee is employed to do, or (b) any other occurrence affecting the normal working of the employer’s business in relation to work of the kind which the employee is employed to do, the employee is entitled to be paid by his employer an amount in respect of that day. (2) In this Act a payment to which an employee is entitled under subsection (1) is referred to as a guarantee payment. (3) In this Part— (a) a day falling within subsection (1) is referred to as a “workless day”, and (b) “workless period” has a corresponding meaning. (4) In this Part “day” means the period of twenty-four hours from midnight to midnight. (5) Where a period of employment begun on any day extends, or would normally extend, over midnight into the following day— (a) if the employment before midnight is, or would normally be, of longer duration than that after midnight, the period of employment shall be treated as falling wholly on the first day, and (b) in any other case, the period of employment shall be treated as falling wholly on the second day. Employment Rights Act 1996 (c. 18) Part III – Guarantee payments Document Generated: 2012-07-03 25 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (a) the length of the period specified in subsection (2); (b) a limit specified in subsection (3) or (4).] Annotations: Amendments (Textual) F18 Words in s. 31(1) substituted (1.2.2011) by The Employment Rights (Increase of Limits) Order 2010 (S.I. 2010/2926), art. 3, Sch. (with art. 4) F19 S. 31(7) substituted (25.10.1999) by 1999 c. 26, s. 35; S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I Modifications etc. (not altering text) C14 S. 31(1): power to amend conferred (17.12.1999) by 1999 c. 26, s. 34(1)(a); S.I. 1999/3374, art. 2(a) (with art. 3) 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 remuneration”). (2) Any contractual remuneration paid to an employee in respect of a workless day goes towards discharging any liability of the employer to pay a guarantee payment in respect of that day; and, conversely, any guarantee payment paid in respect of a day goes towards discharging any liability of the employer to pay contractual remuneration in respect of that day. (3) For the purposes of subsection (2), contractual remuneration shall be treated as paid in respect of a workless day— (a) where it is expressed to be calculated or payable by reference to that day or any part of that day, to the extent that it is so expressed, and (b) in any other case, to the extent that it represents guaranteed remuneration, rather than remuneration for work actually done, and is referable to that day when apportioned rateably between that day and any other workless period falling within the period in respect of which the remuneration is paid. 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) (as originally enacted or as varied under section 31(7)) and 32, and (b) so far as they apply for the purposes of those provisions, Chapter II of Part XIV and section 234, shall have effect subject to such modifications and adaptations as may be prescribed by the order. 34 Complaints to [F20employment tribunals]. (1) An employee may present a complaint to an [F20employment tribunal] that his employer has failed to pay the whole or any part of a guarantee payment to which the employee is entitled. 26 Employment Rights Act 1996 (c. 18) Part III – Guarantee payments Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (2) An [F20employment tribunal] shall not consider a complaint relating to a guarantee payment in respect of any day unless the complaint is presented to the tribunal— (a) before the end of the period of three months beginning with that day, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months. (3) Where an [F20employment tribunal] finds a complaint under this section well-founded, the tribunal shall order the employer to pay to the employee the amount of guarantee payment which it finds is due to him. Annotations: Amendments (Textual) F20 Words in s. 34(1)(2)(3) and sidenote to s. 34 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 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 relates have a right to guaranteed remuneration, and (b) on the application of all the parties to the agreement, or of the Board making the order, the appropriate Minister (having regard to the provisions of the agreement or order) is satisfied that section 28 should not apply to those employees, he may make an order under this section excluding those employees from the operation of that section. (2) In subsection (1) “agricultural wages order” means an order made under— (a) section 3 of the M6Agricultural Wages Act 1948, or (b) section 3 of the M7Agricultural Wages (Scotland) Act 1949. (3) In subsection (1) “the appropriate Minister” means— (a) in relation to a collective agreement or to an order such as is referred to in subsection (2)(b), the Secretary of State, and (b) in relation to an order such as is referred to in subsection (2)(a), the [F21Secretary of State] . (4) The Secretary of State shall not make an order under this section in respect of an agreement unless— (a) the agreement provides for procedures to be followed (whether by arbitration or otherwise) in cases where an employee claims that his employer has failed to pay the whole or any part of any guaranteed remuneration to which the employee is entitled under the agreement and those procedures include a right to arbitration or adjudication by an independent referee or body in cases where (by reason of an equality of votes or otherwise) a decision cannot otherwise be reached, or (b) the agreement indicates that an employee to whom the agreement relates may present a complaint to an [F22employment tribunal] that his employer has failed Employment Rights Act 1996 (c. 18) Part IV – Sunday working for shop and betting workers Document Generated: 2012-07-03 27 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) to pay the whole or any part of any guaranteed remuneration to which the employee is entitled under the agreement. (5) Where an order under this section is in force in respect of an agreement indicating as described in paragraph (b) of subsection (4) an [F22employment tribunal] shall have jurisdiction over a complaint such as is mentioned in that paragraph as if it were a complaint falling within section 34. (6) An order varying or revoking an earlier order under this section may be made in pursuance of an application by all or any of the parties to the agreement in question, or the Board which made the order in question, or in the absence of such an application. Annotations: Amendments (Textual) F21 Words in s. 35(3)(b) substituted (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(1), Sch. 1 para. 37 (with arts. 5(3), 6) F22 Words in s. 35(5) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 Marginal Citations M6 1948 c. 47. M7 1949 c. 30. PART IV SUNDAY WORKING FOR SHOP AND BETTING WORKERS Protected shop workers and betting workers 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 purposes of any provision of this Act if (and only if) subsection (2) or (3) applies to him. (2) This subsection applies to a shop worker or betting worker if— (a) on the day before the relevant commencement date he was employed as a shop worker or a betting worker but not to work only on Sunday, (b) he has been continuously employed during the period beginning with that day and ending with the day which, in relation to the provision concerned, is the appropriate date, and (c) throughout that period, or throughout every part of it during which his relations with his employer were governed by a contract of employment, he was a shop worker or a betting worker. (3) This subsection applies to any shop worker or betting worker whose contract of employment is such that under it he— (a) is not, and may not be, required to work on Sunday, and (b) could not be so required even if the provisions of this Part were disregarded. 30 Employment Rights Act 1996 (c. 18) Part IV – Sunday working for shop and betting workers Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (2) So long as the shop worker remains a protected shop worker, or the betting worker remains a protected betting worker, the contract shall not be regarded as requiring the employer to provide him with shop work, or betting work, on weekdays in excess of the hours normally worked by the shop worker or betting worker on weekdays before he ceased to do shop work, or betting work, on Sunday. (3) For the purposes of section 36(2)(b), the appropriate date in relation to this section is any time in relation to which the contract is to be enforced. 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 the day before the relevant commencement date, the shop worker or betting worker was, or might have been, required to work on Sunday before the relevant commencement date, (b) the shop worker has done shop work, or the betting worker has done betting work, on Sunday in that employment (whether or not before that date) but has, on or after that date, ceased to do so, and (c) it is not apparent from the contract what part of the remuneration payable, or of any other benefit accruing, to the shop worker or betting worker was intended to be attributable to shop work, or betting work, on Sunday. (2) So long as the shop worker remains a protected shop worker, or the betting worker remains a protected betting worker, the contract shall be regarded as enabling the employer to reduce the amount of remuneration paid, or the extent of the other benefit provided, to the shop worker or betting worker in respect of any period by the relevant proportion. (3) In subsection (2) “the relevant proportion” means the proportion which the hours of shop work, or betting work, which (apart from this Part) the shop worker, or betting worker, could have been required to do on Sunday in the period (“the contractual Sunday hours”) bears to the aggregate of those hours and the hours of work actually done by the shop worker, or betting worker, in the period. (4) Where, under the contract of employment, the hours of work actually done on weekdays in any period would be taken into account in determining the contractual Sunday hours, they shall be taken into account in determining the contractual Sunday hours for the purposes of subsection (3). (5) For the purposes of section 36(2)(b), the appropriate date in relation to this section is the end of the period in respect of which the remuneration is paid or the benefit accrues. Opting-out of Sunday work 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 betting worker, to the effect that he objects to Sunday working. Employment Rights Act 1996 (c. 18) Part IV – Sunday working for shop and betting workers Document Generated: 2012-07-03 31 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (2) In this Act “opting-out notice” means a notice given under subsection (1) by a shop worker or betting worker to whom this section applies. (3) This section applies to any shop worker or betting worker who under his contract of employment— (a) is or may be required to work on Sunday (whether or not as a result of previously giving an opting-in notice), but (b) is not employed to work only on Sunday. Annotations: Extent Information E4 S. 40, which previously extended to England and Wales only, extends to England and Wales and Scotland from 6.4.2004 by virtue of the amendment to s. 244(2) by Sunday Working (Scotland) Act 2003 (c. 18), ss. 1(5), 3; S.I. 2004/958, art. 2 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)— (a) he has given his employer an opting-out notice, (b) he has been continuously employed during the period beginning with the day on which the notice was given and ending with the day which, in relation to the provision concerned, is the appropriate date, and (c) throughout that period, or throughout every part of it during which his relations with his employer were governed by a contract of employment, he was a shop worker or a betting worker. (2) A shop worker is not an opted-out shop worker, and a betting worker is not an opted- out betting worker, if— (a) after giving the opting-out notice concerned, he has given his employer an opting-in notice, and (b) after giving the opting-in notice, he has expressly agreed with his employer to do shop work, or betting work, on Sunday or on a particular Sunday. (3) In this Act “notice period”, in relation to an opted-out shop worker or an opted-out betting worker, means, subject to section 42(2), the period of three months beginning with the day on which the opting-out notice concerned was given. Annotations: Extent Information E5 S. 41, which previously extended to England and Wales only, extends to England and Wales and Scotland from 6.4.2004 by virtue of the amendment to s. 244(2) by Sunday Working (Scotland) Act 2003 (c. 18), ss. 1(5), 3; S.I. 2004/958, art. 2 42 Explanatory statement. (1) Where a person becomes a shop worker or betting worker to whom section 40 applies, his employer shall, before the end of the period of two months beginning with the 32 Employment Rights Act 1996 (c. 18) Part IV – Sunday working for shop and betting workers Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) day on which that person becomes such a worker, give him a written statement in the prescribed form. (2) If— (a) an employer fails to comply with subsection (1) in relation to any shop worker or betting worker, and (b) the shop worker or betting worker, on giving the employer an opting-out notice, becomes an opted-out shop worker or an opted-out betting worker, section 41(3) has effect in relation to the shop worker or betting worker with the substitution for “three months” of “one month”. (3) An employer shall not be regarded as failing to comply with subsection (1) in any case where, before the end of the period referred to in that subsection, the shop worker or betting worker has given him an opting-out notice. (4) Subject to subsection (6), the prescribed form in the case of a shop worker is as follows — “ Statutory Rights in Relation to Sunday Shop Work You have become employed as a shop worker and are or can be required under your contract of employment to do the Sunday work your contract provides for. However, if you wish, you can give a notice, as described in the next paragraph, to your employer and you will then have the right not to work in or about a shop on any Sunday on which the shop is open once three months have passed from the date on which you gave the notice. Your notice must— be in writing; be signed and dated by you; say that you object to Sunday working. For three months after you give the notice, your employer can still require you to do all the Sunday work your contract provides for. After the three month period has ended, you have the right to complain to an [F27employment tribunal] if, because of your refusal to work on Sundays on which the shop is open, your employer— dismisses you, or does something else detrimental to you, for example, failing to promote you. Once you have the rights described, you can surrender them only by giving your employer a further notice, signed and dated by you, saying that you wish to work on Sunday or that you do not object to Sunday working and then agreeing with your employer to work on Sundays or on a particular Sunday.” (5) Subject to subsection (6), the prescribed form in the case of a betting worker is as follows— Employment Rights Act 1996 (c. 18) Part IVA – Protected disclosures Document Generated: 2012-07-03 35 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (a) requires the shop worker to do shop work, or the betting worker to do betting work, on Sunday after the end of the notice period, or (b) requires the employer to provide the shop worker with shop work, or the betting worker with betting work, on Sunday after the end of that period. (3) Where, after giving an opting-in notice, an opted-out shop worker or an opted-out betting worker expressly agrees with his employer to do shop work or betting work on Sunday or on a particular Sunday (and so ceases to be opted-out), his contract of employment shall be taken to be varied to the extent necessary to give effect to the terms of the agreement. F28(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) For the purposes of section 41(1)(b), the appropriate date— (a) in relation to subsections (2) and (3) of this section, is the day on which the agreement is entered into, F29. . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annotations: Amendments (Textual) F28 S. 43(4)(5)(b) repealed (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 7(a)(c), Sch. 9(2); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. II, Sch. 2 Pt. II (with Sch. 3 paras. 10, 11) F29 Word “and” after s. 43(5)(a) repealed (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 7(b), Sch. 9(2); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. II, Sch. 2 Pt. II (with Sch. 3 paras. 10, 11) [F30PART IVA PROTECTED DISCLOSURES Annotations: Amendments (Textual) F30 Pt. IVA (ss. 43A-43L) inserted (2.7.1998 for specified purposes and otherwise 2.7.1999) by 1998 c. 23, s. 1; S.I. 1999/1547, art. 2 F3143A 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 43C to 43H. Annotations: Amendments (Textual) F31 Pt. IVA (ss. 43A-43L) inserted (2.7.1998 for specified purposes and otherwise 2.7.1999) by 1998 c. 23, s. 1; S.I. 1999/1547, art. 2 36 Employment Rights Act 1996 (c. 18) Part IVA – Protected disclosures Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) F3243B 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, tends to show one or more of the following— (a) that a criminal offence has been committed, is being committed or is likely to be committed, (b) that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject, (c) that a miscarriage of justice has occurred, is occurring or is likely to occur, (d) that the health or safety of any individual has been, is being or is likely to be endangered, (e) that the environment has been, is being or is likely to be damaged, or (f) that information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed. (2) For the purposes of subsection (1), it is immaterial whether the relevant failure occurred, occurs or would occur in the United Kingdom or elsewhere, and whether the law applying to it is that of the United Kingdom or of any other country or territory. (3) A disclosure of information is not a qualifying disclosure if the person making the disclosure commits an offence by making it. (4) A disclosure of information in respect of which a claim to legal professional privilege (or, in Scotland, to confidentiality as between client and professional legal adviser) could be maintained in legal proceedings is not a qualifying disclosure if it is made by a person to whom the information had been disclosed in the course of obtaining legal advice. (5) In this Part “the relevant failure”, in relation to a qualifying disclosure, means the matter falling within paragraphs (a) to (f) of subsection (1). Annotations: Amendments (Textual) F32 Pt. IVA (ss. 43A-43L) inserted (2.7.1998 for specified purposes and otherwise 2.7.1999) by 1998 c. 23, s. 1; S.I. 1999/1547, art. 2 F3343C Disclosure to employer or other responsible person. (1) A qualifying disclosure is made in accordance with this section if the worker makes the disclosure in good faith— (a) to his employer, or (b) where the worker reasonably believes that the relevant failure relates solely or mainly to— (i) the conduct of a person other than his employer, or (ii) any other matter for which a person other than his employer has legal responsibility, to that other person. Employment Rights Act 1996 (c. 18) Part IVA – Protected disclosures Document Generated: 2012-07-03 37 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (2) A worker who, in accordance with a procedure whose use by him is authorised by his employer, makes a qualifying disclosure to a person other than his employer, is to be treated for the purposes of this Part as making the qualifying disclosure to his employer. Annotations: Amendments (Textual) F33 Pt. IVA (ss. 43A-43L) inserted (2.7.1998 for specified purposes and otherwise 2.7.1999) by 1998 c. 23, s. 1; S.I. 1999/1547, art. 2 F3443D 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. Annotations: Amendments (Textual) F34 Pt. IVA (ss. 43A-43L) inserted (2.7.1998 for specified purposes and otherwise 2.7.1999) by 1998 c. 23, s. 1; S.I. 1999/1547, art. 2 F3543E 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 [F36(including any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament)] by a Minister of the Crown [F36or a member of the Scottish Executive], or (ii) a body any of whose members are so appointed, and (b) the disclosure is made in good faith to a Minister of the Crown [F36or a member of the Scottish Executive]. Annotations: Amendments (Textual) F35 Pt. IVA (ss. 43A-43L) inserted (2.7.1998 for specified purposes and otherwise 2.7.1999) by 1998 c. 23, s. 1; S.I. 1999/1547, art. 2 F36 Words in s. 43E inserted (27.7.2000) by S.I. 2000/2040, art. 2, Sch. Pt. I para. 19(2)(3) (with art. 3) F3743F Disclosure to prescribed person. (1) A qualifying disclosure is made in accordance with this section if the worker— (a) makes the disclosure in good faith to a person prescribed by an order made by the Secretary of State for the purposes of this section, and (b) reasonably believes— 40 Employment Rights Act 1996 (c. 18) Part IVA – Protected disclosures Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Annotations: Amendments (Textual) F40 Pt. IVA (ss. 43A-43L) inserted (2.7.1998 for specified purposes and otherwise 2.7.1999) by 1998 c. 23, s. 1; S.I. 1999/1547, art. 2 F4143K 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 in circumstances in which— (i) he is or was introduced or supplied to do that work by a third person, and (ii) the terms on which he is or was engaged to do the work are or were in practice substantially determined not by him but by the person for whom he works or worked, by the third person or by both of them, (b) contracts or contracted with a person, for the purposes of that person’s business, for the execution of work to be done in a place not under the control or management of that person and would fall within section 230(3)(b) if for “personally” in that provision there were substituted “(whether personally or otherwise)”, [F42(ba) works or worked as a person performing services under a contract entered into by him with a Primary Care Trust [F43under section 84 or 100 of the National Health Service Act 2006 or with a Local Health Board under section 42 or 57 of the National Health Service (Wales) Act 2006] ,] [F44(bb) works or worked as a person performing services under a contract entered into by him with a Health Board under section 17J of the National Health Service (Scotland) Act 1978,] (c) works or worked as a person providing F45... general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made— (i) by a [F46Primary Care Trust [F47under section 126 of the National Health Service Act 2006,] or][F48Local Health Board] under [F49section 71 or 80 of the National Health Service (Wales) Act 2006] , or (ii) by a Health Board under section F50... 25, 26 or 27 of the National Health Service (Scotland) Act 1978, or (d) is or was provided with work experience provided pursuant to a training course or programme or with training for employment (or with both) otherwise than— (i) under a contract of employment, or (ii) by an educational establishment on a course run by that establishment; and any reference to a worker’s contract, to employment or to a worker being “employed” shall be construed accordingly. (2) For the purposes of this Part “employer” includes— (a) in relation to a worker falling within paragraph (a) of subsection (1), the person who substantially determines or determined the terms on which he is or was engaged, Employment Rights Act 1996 (c. 18) Part IVA – Protected disclosures Document Generated: 2012-07-03 41 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) [F51(aa) in relation to a worker falling within paragraph (ba) of that subsection, the Primary Care Trust or Local Health Board referred to in that paragraph,] [F52(ab) in relation to a worker falling within paragraph (bb) of that subsection, the Health Board referred to in that paragraph,] (b) in relation to a worker falling within paragraph (c) of that subsection, the authority or board referred to in that paragraph, and (c) in relation to a worker falling within paragraph (d) of that subsection, the person providing the work experience or training. (3) In this section “educational establishment” includes any university, college, school or other educational establishment. Annotations: Amendments (Textual) F41 Pt. IVA (ss. 43A-43L) inserted (2.7.1998 for specified purposes and otherwise 2.7.1999) by 1998 c. 23, s. 1; S.I. 1999/1547, art. 2 F42 S. 43K(1)(ba) inserted (1.4.2004 for E.W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199(1)(4), Sch. 11 para. 65(2); S.I. 2004/288, art. 5(2)(x) (with transitional provision in art. 7(11)) (as amended by S.I. 2004/866, S.I. 2004/1009 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(bb) (as amended by S.I. 2004/1019 and S.I. 2006/345) F43 Words in s. 43K(1)(ba) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 178(a) (with Sch. 3 Pt. 1) F44 S. 43K(1)(bb) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 2, Sch. para. 8(a)(i) F45 Words in s. 43K(1)(c) repealed (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 2, Sch. para. 8(a)(ii) F46 Words in s. 43K(1)(c)(i) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 Pt. 2 para. 63; S.I. 2002/2478, arts. 2(1), 3(1) F47 Words in s. 43K(1)(c)(i) inserted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 178(b)(i) (with Sch. 3 Pt. 1) F48 Words in s. 43K(1)(c)(i) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. {para. 27(2)} F49 Words in s. 43K(1)(c)(i) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 178(b)(ii) (with Sch. 3 Pt. 1) F50 Word in s. 43K(1)(c)(ii) repealed (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 2, Sch. para. 8(a)(iii) F51 S. 43K(2)(aa) inserted (1.4.2004 for E.W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199(1)(4), Sch. 11 para. 65(3); S.I. 2004/288, art. 5(2)(x) (as amended by S.I. 2004/866, S.I. 2004/1009 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(bb) (as amended by S.I. 2004/1019 and S.I. 2006/345) F52 S. 43K(2)(ab) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 2, Sch. para. 8(b) Modifications etc. (not altering text) C15 S. 43K(1)(ba) modified (E.) (1.4.2004) by The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 (S.I. 2004/865), art. 109(2)(f) C16 S. 43K(1)(ba) modified (W.) (1.4.2004) by The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004 (S.I. 2004/1016), art. 85(2)(f) C17 S. 43K(1)(bb) modified (S.) (1.4.2004) by The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004 (S.S.I. 2004/163), art. 96(2)(d) 42 Employment Rights Act 1996 (c. 18) Part IVA – Protected disclosures Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) 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 provisions of Part 10 so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 103A, a person who holds, otherwise than under a contract of employment, the office of constable or an appointment as a police cadet shall be treated as an employee employed by the relevant officer under a contract of employment; and any reference to a worker being “employed” and to his “employer” shall be construed accordingly. (2) In this section “the relevant officer” means— (a) in relation to a member of a police force or a special constable appointed for a police area, the chief officer of police; [F54(b) in relation to a member of a police force seconded to the Serious Organised Crime Agency to serve as a member of its staff, that Agency; and] (d) in relation to any other person holding the office of constable or an appointment as police cadet, the person who has the direction and control of the body of constables or cadets in question.] Annotations: Amendments (Textual) F53 S. 43KA inserted (1.4.2004) by Police Reform Act 2002 (c. 30), ss. 37(1), 108(2)-(5); S.I. 2004/913, art. 2(b) F54 S. 43KA(2)(b) substituted for s. 43KA(2)(b)(c) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 85; S.I. 2006/378, art. 4(1), Sch. (subject to art. 4(2)-(7)) F5543L 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 meaning given by section 43B(5). (2) In determining for the purposes of this Part whether a person makes a disclosure for purposes of personal gain, there shall be disregarded any reward payable by or under any enactment. (3) Any reference in this Part to the disclosure of information shall have effect, in relation to any case where the person receiving the information is already aware of it, as a reference to bringing the information to his attention.] Annotations: Amendments (Textual) F55 Pt. IVA (ss. 43A-43L) inserted (2.7.1998 for specified purposes and otherwise 2.7.1999) by 1998 c. 23, s. 1; S.I. 1999/1547, art. 2 Employment Rights Act 1996 (c. 18) Part V – Protection from suffering detriment in employment Document Generated: 2012-07-03 45 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) to do shop work, or betting work, on any Sunday or Sundays falling before the end of the notice period. (3) An employee who is a shop worker or a betting 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 employee gave (or proposed to give) an opting-out notice to his employer. (4) Subsections (1) and (3) do not apply where the detriment in question amounts to dismissal (within the meaning of Part X). (5) For the purposes of this section a shop worker or betting worker who does not work on Sunday or on a particular Sunday is not to be regarded as having been subjected to any detriment by— (a) a failure to pay remuneration in respect of shop work, or betting work, on a Sunday which he has not done, (b) a failure to provide him with any other benefit, where that failure results from the application (in relation to a Sunday on which the employee has not done shop work, or betting work) of a contractual term under which the extent of that benefit varies according to the number of hours worked by the employee or the remuneration of the employee, or (c) a failure to provide him with any work, remuneration or other benefit which by virtue of section 38 or 39 the employer is not obliged to provide. (6) Where an employer offers to pay a sum specified in the offer to any one or more employees— (a) who are protected shop workers or opted-out shop workers or protected betting workers or opted-out betting workers, or (b) who under their contracts of employment are not obliged to do shop work, or betting work, on Sunday, if they agree to do shop work, or betting work, on Sunday or on a particular Sunday subsections (7) and (8) apply. (7) An employee to whom the offer is not made is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure to make the offer to him or to pay him the sum specified in the offer. (8) An employee who does not accept the offer is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure to pay him the sum specified in the offer. (9) For the purposes of section 36(2)(b) or 41(1)(b), the appropriate date in relation to this section is the date of the act or failure to act. (10) For the purposes of subsection (9)— (a) where an act extends over a period, the “date of the act” means the first day of that period, and (b) a deliberate failure to act shall be treated as done when it was decided on; and, in the absence of evidence establishing the contrary, an employer shall be taken to decide on a failure to act when he does an act inconsistent with doing the failed act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done. 46 Employment Rights Act 1996 (c. 18) Part V – Protection from suffering detriment in employment Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Annotations: Extent Information E8 S. 45, which previously extended to England and Wales only, extends to England and Wales and Scotland from 6.4.2004 by virtue of the amendment to s. 244(2) by Sunday Working (Scotland) Act 2003 (c. 18), ss. 1(5), 3; S.I. 2004/958, art. 2 45 Sunday working for shop and betting workers. E+W (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 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 employee refused (or proposed to refuse) to do shop work, or betting work, on Sunday or on a particular Sunday. (2) Subsection (1) does not apply to anything done in relation to an opted-out shop worker or an opted-out betting worker on the ground that he refused (or proposed to refuse) to do shop work, or betting work, on any Sunday or Sundays falling before the end of the notice period. (3) An employee who is a shop worker or a betting 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 employee gave (or proposed to give) an opting-out notice to his employer. (4) Subsections (1) and (3) do not apply where the detriment in question amounts to dismissal (within the meaning of Part X). (5) For the purposes of this section a shop worker or betting worker who does not work on Sunday or on a particular Sunday is not to be regarded as having been subjected to any detriment by— (a) a failure to pay remuneration in respect of shop work, or betting work, on a Sunday which he has not done, (b) a failure to provide him with any other benefit, where that failure results from the application (in relation to a Sunday on which the employee has not done shop work, or betting work) of a contractual term under which the extent of that benefit varies according to the number of hours worked by the employee or the remuneration of the employee, or (c) a failure to provide him with any work, remuneration or other benefit which by virtue of section 38 or 39 the employer is not obliged to provide. (6) Where an employer offers to pay a sum specified in the offer to any one or more employees— (a) who are protected shop workers or opted-out shop workers or protected betting workers or opted-out betting workers, or (b) who under their contracts of employment are not obliged to do shop work, or betting work, on Sunday, if they agree to do shop work, or betting work, on Sunday or on a particular Sunday subsections (7) and (8) apply. Employment Rights Act 1996 (c. 18) Part V – Protection from suffering detriment in employment Document Generated: 2012-07-03 47 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (7) An employee to whom the offer is not made is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure to make the offer to him or to pay him the sum specified in the offer. (8) An employee who does not accept the offer is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure to pay him the sum specified in the offer. (9) For the purposes of section 36(2)(b) or 41(1)(b), the appropriate date in relation to this section is the date of the act or failure to act. (10) For the purposes of subsection (9)— (a) where an act extends over a period, the “date of the act” means the first day of that period, and (b) a deliberate failure to act shall be treated as done when it was decided on; and, in the absence of evidence establishing the contrary, an employer shall be taken to decide on a failure to act when he does an act inconsistent with doing the failed act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done. [F6045A 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 worker— (a) refused (or proposed to refuse) to comply with a requirement which the employer imposed (or proposed to impose) in contravention of the M8Working Time Regulations 1998, (b) refused (or proposed to refuse) to forgo a right conferred on him by those Regulations, (c) failed to sign a workforce agreement for the purposes of those Regulations, or to enter into, or agree to vary or extend, any other agreement with his employer which is provided for in those Regulations, (d) being— (i) a representative of members of the workforce for the purposes of Schedule 1 to those Regulations, or (ii) a candidate in an election in which any person elected will, on being elected, be such a representative, performed (or proposed to perform) any functions or activities as such a representative or candidate, (e) brought proceedings against the employer to enforce a right conferred on him by those Regulations, or (f) alleged that the employer had infringed such a right. (2) It is immaterial for the purposes of subsection (1)(e) or (f)— (a) whether or not the worker has the right, or (b) whether or not the right has been infringed, but, for those provisions to apply, the claim to the right and that it has been infringed must be made in good faith. 50 Employment Rights Act 1996 (c. 18) Part V – Protection from suffering detriment in employment Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) F71 Words in s. 47(1A) substituted (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 20, Sch. 2 para. 10(a) F72 Words in s. 47(2) repealed (25.10.1999) by 1999 c. 26, ss. 18(2)(a), 44, Sch. 9(3); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. I, Sch. 2 Pt. I (with Sch. 3 para. 2) F73 Words in s. 47(2) substituted (25.10.1999) by 1999 c. 26, s. 18(2)(b); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 2) Marginal Citations M10 S.I. 1981/1794. M11 1992 c. 52. [F7447A 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 meaning of section 63A(3)) done on the ground that, being a person entitled to— (a) time off under section 63A(1) or (3), and (b) remuneration under section 63B(1) in respect of that time taken off, the employee exercised (or proposed to exercise) that right or received (or sought to receive) such remuneration. (2) F75. . . This section does not apply where the detriment in question amounts to dismissal (within the meaning of [F76Part X]).] Annotations: Amendments (Textual) F74 S. 47A inserted (1.9.1999) by 1998 c. 30, s. 44(1), Sch. 3 para. 10 (with s. 42(8)); S.I. 1999/987, art. 2 F75 Words in s. 47A(2) repealed (25.10.1999) by 1999 c. 26, ss. 18(2)(a), 44, Sch. 9(3); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. I, Sch. 2 Pt. I (with Sch. 3 para. 2) F76 Words in s. 47A(2) substituted (25.10.1999) by 1999 c. 26, s. 18(2)(b); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 2) PROSPECTIVE [F7747AAEmployees in England aged 16 or 17 participating in education 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 done on the ground that, being a person entitled to be permitted to participate in education or training by section 27 or 28 of the Education and Skills Act 2008, the employee exercised, or proposed to exercise, that right. (2) This section does not apply where the detriment in question amounts to dismissal (within the meaning of Part 10).] Employment Rights Act 1996 (c. 18) Part V – Protection from suffering detriment in employment Document Generated: 2012-07-03 51 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Annotations: Amendments (Textual) F77 S. 47AA inserted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 37, 173(4) (with ss. 62(3)-(6), 64(4)-(6)) [F7847B 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 worker has made a protected disclosure. (2) F79. . . This section does not apply where— (a) the worker is an employee, and (b) the detriment in question amounts to dismissal (within the meaning of [F80Part X]). (3) For the purposes of this section, and of sections 48 and 49 so far as relating to this section, “worker”, “worker’s contract”, “employment” and “employer” have the extended meaning given by section 43K.] Annotations: Amendments (Textual) F78 S. 47B inserted (2.7.1999) by 1998 c. 23, s. 2; S.I. 1999/1547, art. 2 F79 Words in s. 47B(2) repealed (25.10.1999) by 1999 c. 26, ss. 18(2)(a), 44, Sch. 9(3); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. I, Sch. 2 Pt. I (with Sch. 3 para. 2(2)) F80 Words in s. 47B(2) substituted (25.10.1999) by 1999 c. 26, s. 18(2)(b); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 2) [F8147C 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. (2) A prescribed reason is one which is prescribed by regulations made by the Secretary of State and which relates to— (a) pregnancy, childbirth or maternity, (b) ordinary, compulsory or additional maternity leave, [F82(ba) ordinary or additional adoption leave,] (c) parental leave, [F84(ca) ordinary or additional paternity leave, or]] (d) time off under section 57A. (3) A reason prescribed under this section in relation to parental leave may relate to action which an employee takes, agrees to take or refuses to take under or in respect of a collective or workforce agreement. (4) Regulations under this section may make different provision for different cases or circumstances.] 52 Employment Rights Act 1996 (c. 18) Part V – Protection from suffering detriment in employment Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Annotations: Amendments (Textual) F81 S. 47C inserted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 8; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11) F82 S. 47C(2)(ba) inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 26(2); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2 F83 S. 47C(2)(ca) substituted (8.12.2002) for the word "or" by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 26(3); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2 F84 S. 47C(2)(ca) substituted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 11, 19, Sch. 1 para. 30; S.I. 2010/495, art. 3(c) [F8547D 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) any action was taken, or was proposed to be taken, by or on behalf of the employee with a view to enforcing, or otherwise securing the benefit of, a right conferred on the employee by regulations under section 25 of the Tax Credits Act 2002, (b) a penalty was imposed on the employer, or proceedings for a penalty were brought against him, under that Act, as a result of action taken by or on behalf of the employee for the purpose of enforcing, or otherwise securing the benefit of, such a right, or (c) the employee is entitled, or will or may be entitled, to working tax credit. (2) It is immaterial for the purposes of subsection (1)(a) or (b)— (a) whether or not the employee has the right, or (b) whether or not the right has been infringed, but, for those provisions to apply, the claim to the right and (if applicable) the claim that it has been infringed must be made in good faith. (3) Subsections (1) and (2) apply to a person who is not an employee within the meaning of this Act but who is an employee within the meaning of section 25 of the Tax Credits Act 2002, with references to his employer in those subsections (and sections 48(2) and (4) and 49(1)) being construed in accordance with that section. (4) Subsections (1) and (2) do not apply to an employee if the detriment in question amounts to dismissal (within the meaning of Part 10).] Annotations: Amendments (Textual) F85 S. 47D inserted (1.9.2002 for certain purposes, otherwise prosp.) by Tax Credits Act 2002 (c. 21), s. 27, Sch. 1 para. 1(2); S.I. 2002/1727, art. 2 [F8647E 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 employee— Employment Rights Act 1996 (c. 18) Part V – Protection from suffering detriment in employment Document Generated: 2012-07-03 55 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Modifications etc. (not altering text) C19 S. 48 applied (4.9.2000) by 1999 c. 26, s. 12(2) (with ss. 14, 15); S.I. 2000/2242, art. 2 C20 S. 48 applied (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), regs. 1(1), 47, Sch. 6 para. 13(3) (with regs. 44-46, Sch. 7) C21 S. 48 applied (6.4.2010) by The Employee Study and Training (Procedural Requirements) Regulations 2010 (S.I. 2010/155), reg. 18(2) C22 S. 48(2)-(4) applied (with modifications) (1.11.1998) by 1998 c. 39, s. 24(2)(a); S.I. 1998/2574, art. 2(1), Sch. 1 S. 48(2)-(4) extended (with modifications) (5.10.1999) by 1999 c. 10, ss. 7, 20(2), Sch. 3 para. 2(2)(a) S. 48(2)-(4) applied (with modifications) (15.1.2000) by S.I. 1999/3323, reg. 32(2)(a) C23 S. 48(2)-(4) applied (with modifications) (8.10.2004) by The European Public Limited-Liability Company Regulations 2004 (S.I. 2004/2326), regs. 1(2), 45(2) C24 S. 48(2)-(4) applied (with modifications)(6.4.2005) by The Information and Consultation of Employees Regulations 2004 (S.I. 2004/3426), regs.1(1), 33(2) (with reg. 3) C25 S. 48(2)-(4) applied (6.4.2006) by The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (S.I. 2006/349), regs. 1(2)(3), 17, Sch. para. 8(2) C26 S. 48(2)-(4) applied (18.8.2006) by The European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), regs. 1(2), 34(2) C27 S. 48(2)-(4) applied (with modifications) (prosp.) by Pensions Act 2008 (c. 30), ss. 56(2), 149(1) (with s. 56(3)-(6)) C28 S. 48(2)-(4) applied (with modifications) (1.10.2009) by The European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (S.I. 2009/2401), reg. 32(2) (with reg. 41) 49 Remedies. (1) Where an [F98employment tribunal] finds a complaint under section 48 well-founded, the tribunal— (a) shall make a declaration to that effect, and (b) may make an award of compensation to be paid by the employer to the complainant in respect of the act or failure to act to which the complaint relates. (2) [F99Subject to [F100subsections (5A) and (6)]] the amount of the compensation awarded shall be such as the tribunal considers just and equitable in all the circumstances having regard to— (a) the infringement to which the complaint relates, and (b) any loss which is attributable to the act, or failure to act, which infringed the complainant’s right. (3) The loss shall be taken to include— (a) any expenses reasonably incurred by the complainant in consequence of the act, or failure to act, to which the complaint relates, and (b) loss of any benefit which he might reasonably be expected to have had but for that act or failure to act. (4) In ascertaining the loss the tribunal shall apply the same rule concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) Scotland. 56 Employment Rights Act 1996 (c. 18) Part V – Protection from suffering detriment in employment Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (5) Where the tribunal finds that the act, or failure to act, to which the complaint relates was to any extent caused or contributed to by action of the complainant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding. [F101(5A) Where— (a) the complaint is made under section 48 (1ZA), (b) the detriment to which the worker is subjected is the termination of his worker’s contract, and (c) that contract is not a contract of employment, any compensation must not exceed the compensation that would be payable under Chapter II of Part X if the worker had been an employee and had been dismissed for the reason specified in section 101A.] [F102(6) Where— (a) the complaint is made under section 48(1A), (b) the detriment to which the worker is subjected is the termination of his worker’s contract, and (c) that contract is not a contract of employment, any compensation must not exceed the compensation that would be payable under Chapter II of Part X if the worker had been an employee and had been dismissed for the reason specified in section 103A.] [F103(7) Where— (a) the complaint is made under section 48(1B) by a person who is not an employee, and (b) the detriment to which he is subjected is the termination of his contract with the person who is his employer for the purposes of section 25 of the Tax Credits Act 2002, any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the complainant had been an employee and had been dismissed for the reason specified in section 104B.] Annotations: Amendments (Textual) F98 Words in s. 49(1) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 F99 Words in s. 49(2) inserted (2.7.1999) by 1998 c. 23, s. 4(2); S.I. 1999/1547, art. 2 F100 Words in s. 49(2) substituted (1.10.1998) by S.I. 1998/1833, reg. 31(3)(a) F101 S. 49(5A) inserted (1.10.1998) by S.I. 1998/1833, reg. 31(3)(b) F102 S. 49(6) inserted (2.7.1999) by 1998 c. 23, s. 4(3); S.I. 1999/1547, art. 2 F103 S. 49(7) inserted (1.9.2002 for certain purposes, otherwise prosp.) by Tax Credits Act 2002 (c. 21), s. 27, Sch. 1 para. 1(4); S.I. 2002/1727, art. 2 Modifications etc. (not altering text) C29 S. 49 applied (with modifications) (1.11.1998) by 1998 c. 39, s. 24(2)(a)(with s. 36); S.I. 1998/2574, art. 2(1), Sch. 1 S. 49 restricted (1.11.1998) by 1998 c. 39, s. 14(3)(with s. 36); S.I. 1998/2574, art. 2(1), Sch. 1 S. 49 applied (with modifications) (15.1.2000) by S.I. 1999/3323, reg. 32(2)(a) S. 49 extended (with modifications) (5.10.1999) by 1999 c. 10, ss. 7, 20(2), Sch. 3 para. 2(2)(a) Employment Rights Act 1996 (c. 18) Part V – Protection from suffering detriment in employment Document Generated: 2012-07-03 57 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) C30 S. 49 applied (with modifications) (prosp.) by Pensions Act 2008 (c. 30), ss. 56(2), 149(1) (with s. 56(3)-(6)) C31 S. 49(1)-(5) applied (8.10.2004) by The European Public Limited-Liability Company Regulations 2004 (S.I. 2004/2326), regs. 1(2), 45(3) C32 S. 49(1)-(5) applied (with modifications) (6.4.2005) by The Information and Consultation of Employees Regulations 2004 (S.I. 2004/3426), regs.1(1), 33(2) (with reg. 3) C33 S. 49(1)-(5) applied (6.4.2006) by The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (S.I. 2006/349), regs. 1(2)(3), 17, Sch. para. 8(2) C34 S. 49(1)-(5) applied (18.8.2006) by The European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), regs. 1(2), 34(3) C35 S. 49(1)-(5) applied (15.12.2007) by The Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), reg. 51(2) C36 S. 49(1)-(5) applied (1.10.2009) by The European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (S.I. 2009/2401), reg. 32(3) (with reg. 41) [F104 Application to police of rights relating to health and safety Annotations: Amendments (Textual) F104 S. 49A and crossheading inserted (1.7.1998) by 1997 c. 42, s. 3; S.I. 1998/1542, art. 2 F10549A 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, of the office of constable or an appointment as police cadet shall be treated as employment by the relevant officer under a contract of employment. [F106(2) In this section “the relevant officer”, in relation to— (a) a person holding the office of constable, or (b) a person holding an appointment as a police cadet, means the person who under section 51A of the Health and Safety at Work etc. Act 1974 is to be treated as his employer for the purposes of Part 1 of that Act.]] Annotations: Amendments (Textual) F105 S. 49A inserted (1.7.1998) by 1997 c. 42, s. 3; S.I. 1998/1542, art. 2 F106 S. 49A(2) substituted (7.4.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 158(2) (a)(3), 178 60 Employment Rights Act 1996 (c. 18) Part VI – Time off work Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (g) a governing body of a central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980, F128. . . (h) a governing body of a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992. [F129(i) the General Teaching Council for England, or (j) the General Teaching Council for Wales.] [F130(9A) In subsection (3)(c) of this section “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.] [F131(9B) In subsection (9)(b) “further education corporation”, “sixth form college corporation” and “higher education corporation” have the same meanings as in the Further and Higher Education Act 1992.] (10) The Secretary of State may by order— (a) modify the provisions of subsections (1) and (2) and (5) to (9) by adding any office or body, removing any office or body or altering the description of any office or body, or (b) modify the provisions of subsection (3). (11) For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work. Annotations: Amendments (Textual) F107 S. 50(2)(c) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 31; S.I. 2007/709, art. 3(p) F108 S. 50(2)(ca) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 86, Sch. 17; S.I. 2006/378, art. 4(1), Sch. (subject to art. 4(2)-(7)) F109 Words in s. 50(2)(d) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 8(a); S.I. 2007/3001, art. 2(1)(p)(r) F110 Word at end of s. 50(2)(f) omitted (14.8.2000) by virtue of S.I. 2000/1737, art. 2(a) F111 S. 50(2)(h) and the word "or" immediately preceding it added (14.8.2000) by S.I. 2000/1737, art. 2(b) (c) F112 S. 50(2)(h) substituted (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 2, Sch. para. 18 F113 S. 50(3)(c) and preceding word inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 30(a) and S.I. 2002/808, art. 29(a) F114 S. 50(6) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(s)(i) F115 Words in s. 50(7)(a) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 8(b); S.I. 2007/3001, art. 2(1)(p)(r) F116 Words in s. 50(8)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(a) (with Sch. 3 Pt. 1) F117 S. 50(8)(ab) inserted (1.4.2004 for E.W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199(1)(4), Sch. 4 para. 100; S.I. 2004/759, art. 2 (as amended by S.I. 2006/836 and S.I. 2007/1102) F118 Words in s. 50(8)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(b)(i) (with Sch. 3 Pt. 1) F119 Words in s. 50(8)(b) substituted (1.4.2007) by virtue of The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 27(3) Employment Rights Act 1996 (c. 18) Part VI – Time off work Document Generated: 2012-07-03 61 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) F120 Words in s. 50(8)(b) omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(b)(ii) (with Sch. 3 Pt. 1) F121 Words in s. 50(8)(b) substituted (8.2.2000) by S.I. 2000/90, art. 3, Sch. 1 para. 30(2) (with s. 2(5) F122 Words in s. 50(8)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(b)(iii) (with Sch. 3 Pt. 1) F123 Words in s. 50(8)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(b)(iv) (with Sch. 3 Pt. 1) F124 Words in s. 50(9)(a) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 41(2) F125 S. 50(9)(b) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 96(a) F126 S. 50(9)(d) substituted (1.8.2007) by The Time Off for Public Duties (Parent Councils) Order 2007 (S.I. 2007/1837), art. 2 F127 S. 50(9)(e) repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61, Sch. 3; S.S.I. 2004/528, art. 2(b) F128 Word in s. 50(9) after para. (g) omitted (5.10.2000) by virtue of S.I. 2000/2463, art. 2(2) F129 S. 50(9)(i)(j) inserted (5.10.2000) by S.I. 2000/2463, 2(3) F130 S. 50(9A) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 30(b) and S.I. 2002/808, art. 29(b) F131 S. 50(9B) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 96(b) Modifications etc. (not altering text) C37 S. 50(3) applied (1.4.1998) by S.I. 1998/633, art. J12(2) C38 S. 50(4) excluded (1.4.1998) by S.I. 1998/633, art. J12(1) Marginal Citations M12 1992 c. 52. M13 1972 c. 70. M14 1994 c. 39. M15 1952 c. 52. M16 1989 c. 45. M17 1978 c. 29. M18 1973 c. 65. M19 2006 asp 8. M20 1980 c. 44. M21 1992 c. 37. 51 Complaints to [F132employment tribunals]. (1) An employee may present a complaint to an [F132employment tribunal] that his employer has failed to permit him to take time off as required by section 50. (2) An [F132employment tribunal] shall not consider a complaint under this section that an employer has failed to permit an employee to take time off unless it is presented— (a) before the end of the period of three months beginning with the date on which the failure occurred, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months. 62 Employment Rights Act 1996 (c. 18) Part VI – Time off work Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (3) Where an [F132employment tribunal] finds a complaint under this section well-founded, the tribunal— (a) shall make a declaration to that effect, and (b) may make an award of compensation to be paid by the employer to the employee. (4) The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to— (a) the employer’s default in failing to permit time off to be taken by the employee, and (b) any loss sustained by the employee which is attributable to the matters to which the complaint relates. Annotations: Amendments (Textual) F132 Words in s. 51(1)-(3) and sidenote to s. 51 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 Looking for work and making arrangements for training 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 employee’s working hours before the end of his notice in order to— (a) look for new employment, or (b) make arrangements for training for future employment. (2) An employee is not entitled to take time off under this section unless, on whichever is the later of— (a) the date on which the notice is due to expire, and (b) the date on which it would expire were it the notice required to be given by section 86(1), he will have been (or would have been) continuously employed for a period of two years or more. (3) For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work. 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 appropriate hourly rate. (2) The appropriate hourly rate, in relation to an employee, is the amount of one week’s pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the notice of dismissal was given. Employment Rights Act 1996 (c. 18) Part VI – Time off work Document Generated: 2012-07-03 65 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) 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 appropriate hourly rate. (2) The appropriate hourly rate, in relation to an employee, is the amount of one week’s pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off is taken. (3) But where the number of normal working hours differs from week to week or over a longer period, the amount of one week’s pay shall be divided instead by— (a) the average number of normal working hours calculated by dividing by twelve the total number of the employee’s normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken, or (b) where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (4) as are appropriate in the circumstances. (4) The considerations referred to in subsection (3)(b) are— (a) the average number of normal working hours in a week which the employee could expect in accordance with the terms of her contract, and (b) the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer. (5) A right to any amount under subsection (1) does not affect any right of an employee in relation to remuneration under her contract of employment (“contractual remuneration”). (6) Any contractual remuneration paid to an employee in respect of a period of time off under section 55 goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period; and, conversely, any payment of remuneration under subsection (1) in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period. 57 Complaints to [F136employment tribunals]. (1) An employee may present a complaint to an [F136employment tribunal] that her employer— (a) has unreasonably refused to permit her to take time off as required by section 55, or (b) has failed to pay the whole or any part of any amount to which the employee is entitled under section 56. (2) An [F136employment tribunal] shall not consider a complaint under this section unless it is presented— (a) before the end of the period of three months beginning with the date of the appointment concerned, or 66 Employment Rights Act 1996 (c. 18) Part VI – Time off work Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months. (3) Where an [F136employment tribunal] finds a complaint under this section well-founded, the tribunal shall make a declaration to that effect. (4) If the complaint is that the employer has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer to pay to the employee an amount equal to the remuneration to which she would have been entitled under section 56 if the employer had not refused. (5) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which she is entitled under section 56, the tribunal shall also order the employer to pay to the employee the amount which it finds due to her. Annotations: Amendments (Textual) F136 Words in s. 57(1)-(3) and sidenote to s. 57 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 [F137Ante-natal care: agency workers Annotations: Amendments (Textual) F137 Ss. 57ZA-57ZD and heading inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), Reg. 25, Sch. 2 para. 93 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 appointment to attend at any place for the purpose of receiving ante-natal care, is entitled to be permitted, by the temporary work agency and the hirer, to take time off during the agency worker's working hours in order to enable her to keep the appointment. (2) An agency worker is not entitled to be permitted by either of those persons to take time off under this section to keep an appointment unless, if that person requests her to do so, she produces for that person's inspection— (a) a certificate from a registered medical practitioner, registered midwife or registered nurse stating that the agency worker is pregnant, and (b) an appointment card or some other document showing that the appointment has been made. (3) Subsection (2) does not apply where the agency worker's appointment is the first appointment during her pregnancy for which she seeks permission to take time off in accordance with subsection (1). (4) For the purposes of this section the working hours of an agency worker shall be taken to be any time when, in accordance with the Employment Rights Act 1996 (c. 18) Part VI – Time off work Document Generated: 2012-07-03 67 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work. (5) In this section references to a registered nurse have the same meaning as in section 55. 57ZB Right to remuneration for time off under section 57ZA ( ) 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 absence at the appropriate hourly rate. ( ) The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off is taken. ( ) But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken. ( ) A right to any amount under subsection (1) does not affect any right of an agency worker in relation to remuneration under her contract with the temporary work agency (“contractual remuneration”). (5) Any contractual remuneration paid to an agency worker in respect of a period of time off under section 57ZA goes towards discharging any liability of the temporary work agency to pay remuneration under subsection (1) in respect of that period; and, conversely, any payment of remuneration under subsection (1) in respect of a period goes towards discharging any liability of the temporary work agency to pay contractual remuneration in respect of that period. 57ZC Complaint to employment tribunal: agency workers ( ) 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 off as required by section 57ZA, or (b) has failed to pay the whole or any part of any amount to which she is entitled under section 57ZB. ( ) An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to permit her to take time off as required by section 57ZA. ( ) An employment tribunal shall not consider a complaint under subsection (1) or (2) unless it is presented— (a) before the end of the period of three months beginning with the date of the appointment concerned, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months. 70 Employment Rights Act 1996 (c. 18) Part VI – Time off work Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) F14157B 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 section 57A. (2) An employment tribunal shall not consider a complaint under this section unless it is presented— (a) before the end of the period of three months beginning with the date when the refusal occurred, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months. (3) Where an employment tribunal finds a complaint under subsection (1) well-founded, it— (a) shall make a declaration to that effect, and (b) may make an award of compensation to be paid by the employer to the employee. (4) The amount of compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to— (a) the employer’s default in refusing to permit time off to be taken by the employee, and (b) any loss sustained by the employee which is attributable to the matters complained of.] Annotations: Amendments (Textual) F141 Ss. 57A, 57B and heading inserted (15.12.1999) by 1999 c. 26, s. 8, Sch. 4 Pt. II; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II Occupational pension scheme trustees 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 the employee’s working hours for the purpose of— (a) performing any of his duties as such a trustee, or (b) undergoing training relevant to the performance of those duties. (2) The amount of time off which an employee is to be permitted to take under this section and the purposes for which, the occasions on which and any conditions subject to which time off may be so taken are those that are reasonable in all the circumstances having regard, in particular, to— (a) how much time off is required for the performance of the duties of a trustee of the scheme and the undergoing of relevant training, and how much time off is required for performing the particular duty or for undergoing the particular training, and Employment Rights Act 1996 (c. 18) Part VI – Time off work Document Generated: 2012-07-03 71 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (b) the circumstances of the employer’s business and the effect of the employee’s absence on the running of that business. [F142(2A) This section applies to an employee who is a director of a company which is a trustee of a relevant occupational pension scheme as it applies to an employee who is a trustee of such a scheme (references to such a trustee being read for this purpose as references to such a director).] (3) In this section— (a) “relevant occupational pension scheme” means an occupational pension scheme (as defined in section 1 of the M22Pension Schemes Act 1993) established under a trust, and (b) references to the employer, in relation to such a scheme, are to an employer of persons in the description or category of employment to which the scheme relates [F143, and (c) references to training are to training on the employer’s premises or elsewhere.] (4) For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work. Annotations: Amendments (Textual) F142 S. 58(2A) inserted (11.11.1999 for specified purposes and otherwise 25.4.2000) by 1999 c. 30, ss. 18, 89(1)(5)(a), Sch. 2 para. 19(3); S.I. 2000/1047, art. 2(2), Sch. Pt. II F143 S. 58(3)(c) and preceding word “and” inserted (1.9.1999) by 1998 c. 30, s. 44(1), Sch. 3 para. 12 (with s. 42(8)); S.I. 1999/987, art. 2 Modifications etc. (not altering text) C39 S. 58 applied (11.11.1999 for specified purposes and otherwise 8.10.2001) by 1999 c. 30, s. 6(2), (with s. 8(6)); S.I. 2000/1047, art. 2(2), Sch. Pt. V Commencement Information I5 S. 58 wholly in force at 6.10.1996, see Sch. 2 para. 15(1) and S.I. 1996/2514, art. 2 Marginal Citations M22 1993 c. 48. 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 employee’s remuneration for the work he would ordinarily have been doing during that time does not vary with the amount of work done, he must be paid as if he had worked at that work for the whole of that time. (3) Where the employee’s remuneration for the work he would ordinarily have been doing during that time varies with the amount of work done, he must be paid an amount calculated by reference to the average hourly earnings for that work. (4) The average hourly earnings mentioned in subsection (3) are— 72 Employment Rights Act 1996 (c. 18) Part VI – Time off work Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (a) those of the employee concerned, or (b) if no fair estimate can be made of those earnings, the average hourly earnings for work of that description of persons in comparable employment with the same employer or, if there are no such persons, a figure of average hourly earnings which is reasonable in the circumstances. (5) A right to be paid an amount under subsection (1) does not affect any right of an employee in relation to remuneration under his contract of employment (“contractual remuneration”). (6) Any contractual remuneration paid to an employee in respect of a period of time off under section 58 goes towards discharging any liability of the employer under subsection (1) in respect of that period; and, conversely, any payment under subsection (1) in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period. Annotations: Commencement Information I6 S. 59 wholly in force at 6.10.1996, see Sch. 2 para. 15(1) and S.I. 1996/2514, art. 2 60 Complaints to [F144employment tribunals]. (1) An employee may present a complaint to an [F144employment tribunal] that his employer— (a) has failed to permit him to take time off as required by section 58, or (b) has failed to pay him in accordance with section 59. (2) An [F144employment tribunal] shall not consider a complaint under this section unless it is presented— (a) before the end of the period of three months beginning with the date when the failure occurred, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months. (3) Where an [F144employment tribunal] finds a complaint under subsection (1)(a) well- founded, the tribunal— (a) shall make a declaration to that effect, and (b) may make an award of compensation to be paid by the employer to the employee. (4) The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to— (a) the employer’s default in failing to permit time off to be taken by the employee, and (b) any loss sustained by the employee which is attributable to the matters complained of. (5) Where on a complaint under subsection (1)(b) an [F144employment tribunal] finds that an employer has failed to pay an employee in accordance with section 59, it shall order the employer to pay the amount which it finds to be due. Employment Rights Act 1996 (c. 18) Part VI – Time off work Document Generated: 2012-07-03 75 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) an amount equal to the remuneration to which he would have been entitled under section 62 if the employer had not refused. (5) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which he is entitled under section 62, the tribunal shall also order the employer to pay to the employee the amount which it finds due to him. Annotations: Amendments (Textual) F147 Words in s. 63(1)-(3) and sidenote to s. 63 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 63A Right to time off for young person 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 as is prescribed by regulations made by the Secretary of State, is entitled to be permitted by his employer to take time off during the employee’s working hours in order to undertake study or training leading to a relevant qualification. (2) In this section— (a) “secondary education”— (i) in relation to England and Wales, has the same meaning as in the M25Education Act 1996, and (ii) in relation to Scotland, has the same meaning as in section 135(2)(b) of the M26Education (Scotland) Act 1980; (b) “further education”— (i) in relation to England and Wales, [F149has the same meaning as in the Education Act 1996,] and (ii) in relation to Scotland, has the same meaning as in section 1(3) of the M27Further and Higher Education (Scotland) Act 1992; and (c) “relevant qualification” means an external qualification the attainment of which— (i) would contribute to the attainment of the standard prescribed for the purposes of subsection (1)(c), and (ii) would be likely to enhance the employee’s employment prospects (whether with his employer or otherwise); and for the purposes of paragraph (c) “external qualification” means an academic or vocational qualification awarded or authenticated by such person or body as may be specified in or under regulations made by the Secretary of State. (3) An employee who— (a) satisfies the requirements of paragraphs (a) to (c) of subsection (1), and 76 Employment Rights Act 1996 (c. 18) Part VI – Time off work Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (b) is for the time being supplied by his employer to another person (“the principal”) to perform work in accordance with a contract made between the employer and the principal, is entitled to be permitted by the principal to take time off during the employee’s working hours in order to undertake study or training leading to a relevant qualification. (4) Where an employee— (a) is aged 18, (b) is undertaking study or training leading to a relevant qualification, and (c) began such study or training before attaining that age, subsections (1) and (3) shall apply to the employee, in relation to that study or training, as if “or 18” were inserted at the end of subsection (1)(a). (5) The amount of time off which an employee is to be permitted to take under this section, and the occasions on which and any conditions subject to which time off may be so taken, are those that are reasonable in all the circumstances having regard, in particular, to— (a) the requirements of the employee’s study or training, and (b) the circumstances of the business of the employer or the principal and the effect of the employee’s time off on the running of that business. (6) Regulations made for the purposes of subsections (1)(c) and (2) may make different provision for different cases, and in particular may make different provision in relation to England, Wales and Scotland respectively. (7) References in this section to study or training are references to study or training on the premises of the employer or (as the case may be) principal or elsewhere. (8) For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work.] Annotations: Amendments (Textual) F148 S. 63A inserted (1.9.1999) by 1998 c. 30, s. 32 (with s. 42(8)); S.I. 1999/987, art. 2 F149 Words in s. 63A substituted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 50, S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3) Modifications etc. (not altering text) C40 S. 63A(1)(c)(2): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3 C41 S. 63A(2)(c) extended (1.9.2001) by S.I. 2001/2801, reg. 5 Marginal Citations M25 1996 c. 56. M26 1980 c. 44. M27 1992 c. 37. Employment Rights Act 1996 (c. 18) Part VI – Time off work Document Generated: 2012-07-03 77 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) 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 appropriate hourly rate. (2) The appropriate hourly rate, in relation to an employee, is the amount of one week’s pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off is taken. (3) But where the number of normal working hours differs from week to week or over a longer period, the amount of one week’s pay shall be divided instead by— (a) the average number of normal working hours calculated by dividing by twelve the total number of the employee’s working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken, or (b) where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (4) as are appropriate in the circumstances. (4) The considerations referred to in subsection (3)(b) are— (a) the average number of normal working hours in a week which the employee could expect in accordance with the terms of his contract, and (b) the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer. (5) A right to any amount under subsection (1) does not affect any right of an employee in relation to remuneration under his contract of employment (“contractual remuneration”). (6) Any contractual remuneration paid to an employee in respect of a period of time off under section 63A goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period; and, conversely, any payment of remuneration under subsection (1) in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.] Annotations: Amendments (Textual) F150 Ss. 63B, 63C inserted (1.9.1999) by 1998 c. 30, s. 33 (with s. 42(8)); S.I. 1999/987, art. 2 F15163C 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 unreasonably refused to permit him to take time off as required by that section, or (b) his employer has failed to pay the whole or any part of any amount to which the employee is entitled under section 63B. 80 Employment Rights Act 1996 (c. 18) Part 6A – Study and training Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (a) would be undertaken on the employer's premises or elsewhere (including at the employee's home); (b) would be undertaken by the employee while performing the duties of the employee's employment or separately; (c) would be provided or supervised by the employer or by someone else; (d) would be undertaken without supervision; (e) would be undertaken within or outside the United Kingdom. (3) The study or training need not be intended to lead to the award of a qualification to the employee. (4) A section 63D application must— (a) give the following details of the proposed study or training— (i) its subject matter; (ii) where and when it would take place; (iii) who would provide or supervise it; (iv) what qualification (if any) it would lead to; (b) explain how the employee thinks the proposed study or training would improve— (i) the employee's effectiveness in the employer's business, and (ii) the performance of the employer's business; (c) contain information of any other description specified by the Secretary of State in regulations. (5) The Secretary of State may make regulations about— (a) the form of a section 63D application; (b) when a section 63D application is to be taken to be received for the purposes of this Part. PROSPECTIVE 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 relevant 12 month period the employer has not received another section 63D application (an “earlier application”) from the employee. (2) The “relevant 12 month period” is the 12 month period ending with the day on which the employer receives the current application. (3) The Secretary of State may make regulations about circumstances in which, at an employee's request, an employer is to be required to ignore an earlier application for the purposes of subsection (1). (4) The employer must deal with the application in accordance with regulations made by the Secretary of State. Employment Rights Act 1996 (c. 18) Part 6A – Study and training Document Generated: 2012-07-03 81 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (5) The employer may refuse a section 63D application only if the employer thinks that one or more of the permissible grounds for refusal applies in relation to the application. (6) The employer may refuse part of a section 63D application only if the employer thinks that one or more of the permissible grounds for refusal applies in relation to that part. (7) The permissible grounds for refusal are— (a) that the proposed study or training to which the application, or the part in question, relates would not improve— (i) the employee's effectiveness in the employer's business, or (ii) the performance of the employer's business; (b) the burden of additional costs; (c) detrimental effect on ability to meet customer demand; (d) inability to re-organise work among existing staff; (e) inability to recruit additional staff; (f) detrimental impact on quality; (g) detrimental impact on performance; (h) insufficiency of work during the periods the employee proposes to work; (i) planned structural changes; (j) any other grounds specified by the Secretary of State in regulations. PROSPECTIVE 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 description when attending meetings held in relation to a section 63D application in accordance with any such regulations; (b) for the postponement of such a meeting if the employee's companion under paragraph (a) is not available to attend it; (c) in relation to companions under paragraph (a), corresponding to section 10(6) and (7) of the Employment Relations Act 1999 (right to paid time off to act as companion, etc.); (d) in relation to the rights under paragraphs (a) to (c), for rights to complain to an employment tribunal and not to be subjected to a detriment, and about unfair dismissal; (e) for section 63D applications to be treated as withdrawn in specified circumstances. (2) In this section “specified” means specified in the regulations. 82 Employment Rights Act 1996 (c. 18) Part 6A – Study and training Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) PROSPECTIVE 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 particular study or training (the “agreed study or training”). (2) The employee must inform the employer if the employee— (a) fails to start the agreed study or training; (b) fails to complete the agreed study or training; (c) undertakes, or proposes to undertake, study or training that differs from the agreed study or training in any respect (including those specified in section 63E(4)(a)). (3) The Secretary of State may make regulations about the way in which the employee is to comply with the duty under subsection (2). PROSPECTIVE 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 63F(4), (5) or (6), or (b) the employer's decision to refuse the application, or part of it, is based on incorrect facts. This is subject to the following provisions of this section. (2) No complaint under this section may be made in respect of a section 63D application which has been disposed of by agreement or withdrawn. (3) In the case of a section 63D application that has not been disposed of by agreement or withdrawn, a complaint under this section may only be made if the employer— (a) notifies the employee of a decision to refuse the application (or part of it) on appeal, or (b) commits a breach of regulations under section 63F(4), where the breach is of a description specified by the Secretary of State in regulations. (4) No complaint under this section may be made in respect of failure to comply with provision included in regulations under section 63F(4) because of— (a) section 63G(1)(a) or (b), if provision is included in regulations under section 63F(4) by virtue of section 63G(1)(d), or (b) section 63G(1)(c). (5) An employment tribunal may not consider a complaint under this section unless the complaint is presented— (a) before the end of the period of three months beginning with the relevant date, or Employment Rights Act 1996 (c. 18) Part VII – Suspension from work Document Generated: 2012-07-03 85 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) or was under the contract in force before the suspension, employed to perform) and the employee has unreasonably refused to perform that work, or (b) he does not comply with reasonable requirements imposed by his employer with a view to ensuring that his services are available. Annotations: Amendments (Textual) F154 S. 65(2) omitted (1.10.2002) by virtue of The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (S.I. 2002/2034), reg. 11, Sch. 2 Pt. 1 para. 3(3) (with regs. 13-20 and subject to transitional provisions in Sch. 2 Pt. 2) Suspension on maternity grounds 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 recommendation, she is suspended from work by her employer on the ground that she is pregnant, has recently given birth or is breastfeeding a child. (2) In subsection (1)— “relevant requirement” means a requirement imposed by or under a specified provision of an enactment or of an instrument made under an enactment, and “relevant recommendation” means a recommendation in a specified provision of a code of practice issued or approved under section 16 of the M31Health and Safety at Work etc. Act 1974; and in this subsection “specified provision” means a provision for the time being specified in an order made by the Secretary of State under this subsection. (3) For the purposes of this Part an employee shall be regarded as suspended from work on maternity grounds only if and for so long as she— (a) continues to be employed by her employer, but (b) is not provided with work or (disregarding alternative work for the purposes of section 67) does not perform the work she normally performed before the suspension. Annotations: Modifications etc. (not altering text) C42 Ss. 66-68, 70-71, 92-93, Pt. X (ss. 94-134) modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch. (which S.I. was revoked (1.9.1999) by S.I. 1999/2256, art. 1(2)) C43 Ss. 66-68 modified (E.W.) (1.9.1999) by S.I. 1999/2256, art. 3, Sch. C44 Ss. 66-68 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch. C45 Ss. 66-68 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), arts. 1(1), 3, {Sch. } 86 Employment Rights Act 1996 (c. 18) Part VII – Suspension from work Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Marginal Citations M31 1974 c. 37. 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 before being suspended from work on maternity grounds. (2) For alternative work to be suitable for an employee for the purposes of this section— (a) the work must be of a kind which is both suitable in relation to her and appropriate for her to do in the circumstances, and (b) the terms and conditions applicable to her for performing the work, if they differ from the corresponding terms and conditions applicable to her for performing the work she normally performs under her contract of employment, must not be substantially less favourable to her than those corresponding terms and conditions. Annotations: Modifications etc. (not altering text) C46 Ss. 66-68, 70-71, 92-93, Pt. X (ss. 94-134) modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch. (which S.I. was revoked (1.9.1999) by S.I. 1999/2256, art. 1(2)) C47 Ss. 66-68 modified (E.W.) (1.9.1999) by S.I. 1999/2256, art. 3, Sch. C48 Ss. 66-68 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch. C49 Ss. 66-68 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), arts. 1(1), 3, {Sch. } 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 is not entitled to remuneration under this section in respect of any period if— (a) her employer has offered to provide her during the period with work which is suitable alternative work for her for the purposes of section 67, and (b) the employee has unreasonably refused to perform that work. Annotations: Modifications etc. (not altering text) C50 Ss. 66-68, 70-71, 92-93, Pt. X (ss. 94-134) modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch. (which S.I. was revoked (1.9.1999) by S.I. 1999/2256, art. 1(2)) C51 Ss. 66-68 modified (E.W.) (1.9.1999) by S.I. 1999/2256, art. 3, Sch. C52 Ss. 66-68 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch. C53 Ss. 66-68 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), arts. 1(1), 3, {Sch. } Employment Rights Act 1996 (c. 18) Part VII – Suspension from work Document Generated: 2012-07-03 87 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) [F155Ending the supply of an agency worker on maternity grounds Annotations: Amendments (Textual) F155 Ss. 68A-68D and heading inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 25, Sch. 2 para. 12 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 provision listed in subsection (2), the supply of the agency worker to the hirer is ended on the ground that she is pregnant, has recently given birth or is breastfeeding a child. (2) The provisions are— (a) regulations 8(3) or 9(2) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997; (b) regulation 16A(2) or 17A of the Management of Health and Safety at Work Regulations 1999; or (c) regulation 20 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003. 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 agency worker has a right to be offered to be proposed for such alternative work. (2) For alternative work to be suitable for an agency worker for the purposes of this section— (a) the work must be of a kind which is both suitable in relation to her and appropriate for her to do in the circumstances, and (b) the terms and conditions applicable to her whilst performing the work, if they differ from the corresponding terms and conditions which would have applied to her but for the fact that the supply of the agency worker to the hirer was ended on maternity grounds, must not be substantially less favourable to her than those corresponding terms and conditions. (3) Subsection (1) does not apply— (a) where the agency worker has confirmed in writing that she no longer requires the work-finding services of the temporary work agency, or (b) beyond the original intended duration, or likely duration, whichever is the longer, of the assignment which ended when the supply of the agency worker to the hirer was ended on maternity grounds. 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 agency. (2) An agency worker is not entitled to remuneration under this section in respect of any period if— (a) the temporary work agency has— 90 Employment Rights Act 1996 (c. 18) Part VII – Suspension from work Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (4) An employee may present a complaint to an [F157employment tribunal] that in contravention of section 67 her employer has failed to offer to provide her with work. (5) An [F157employment tribunal] shall not consider a complaint under subsection (4) unless it is presented— (a) before the end of the period of three months beginning with the first day of the suspension, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented within that period of three months. (6) Where an [F157employment tribunal] finds a complaint under subsection (4) well- founded, the tribunal may make an award of compensation to be paid by the employer to the employee. (7) The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to— (a) the infringement of the employee’s right under section 67 by the failure on the part of the employer to which the complaint relates, and (b) any loss sustained by the employee which is attributable to that failure. Annotations: Amendments (Textual) F157 Words in s. 70(1)-(6) and sidenote to s. 70 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 Modifications etc. (not altering text) C54 Ss. 66-68, 70-71, 92-93, Pt. X (ss. 94-134) modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch. (which S.I. was revoked (1.9.1999) by S.I. 1999/2256, art. 1(2)) C55 S. 70 modified (E.W.) (1.9.1999) by S.I. 1999/2256, art. 3, Sch. C56 S. 70 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch. C57 Ss. 70, 71 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), arts. 1(1), 3, {Sch. } [F15870A Complaints to employment tribunals: agency workers ( ) 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 to which the agency worker is entitled under section 68C. ( ) An employment tribunal shall not consider a complaint under subsection (1) relating to remuneration in respect of any day unless it is presented— (a) before the end of the period of three months beginning with the day on which the supply of the agency worker to a hirer was ended on maternity grounds, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented within that period of three months. Employment Rights Act 1996 (c. 18) Part VIII – Document Generated: 2012-07-03 91 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) ( ) Where an employment tribunal finds a complaint under subsection (1) well-founded, the tribunal shall order the temporary work agency to pay the agency worker the amount of remuneration which it finds is due to her. ( ) An agency worker may present a complaint to an employment tribunal that in contravention of section 68B the temporary work agency has failed to offer to propose the agency worker to a hirer that has suitable alternative work available. ( ) An employment tribunal shall not consider a complaint under subsection (4) unless it is presented— (a) before the end of the period of three months beginning with the day on which the supply of the agency worker to a hirer was ended on maternity grounds, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented within that period of three months. ( ) Where an employment tribunal finds a complaint under subsection (4) well-founded, the tribunal shall order the temporary work agency to pay the agency worker the amount of compensation which it finds is due to her. ( ) The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to— (a) the infringement of the agency worker's right under section 68B by the failure on the part of the temporary work agency to which the complaint relates, and (b) any loss sustained by the agency worker which is attributable to that failure. ( ) Expressions used in this section and sections 68A to 68C have the same meaning as in those sections (see section 68D).] Annotations: Amendments (Textual) F158 S. 70A inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 25, Sch. 2 para. 14 [F159PART VIII Annotations: Amendments (Textual) F159 Pt. VIII (ss. 71-80) substituted for Pt. VIII (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. I; S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. II (with transitional provisions in Sch. 3 para. 10) 92 Employment Rights Act 1996 (c. 18) Part VIII – Chapter I – MATERNITY LEAVE Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) F160CHAPTER I MATERNITY LEAVE Annotations: Amendments (Textual) F160 Pt. VIII (ss. 71-80) substituted for Pt. VIII (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. I; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 para. 10) F16171 (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 period. (2) An ordinary maternity leave period is a period calculated in accordance with regulations made by the Secretary of State. [F162(3) Regulations under subsection (2)— (a) shall secure that, where an employee has a right to leave under this section, she is entitled to an ordinary maternity leave period of at least 26 weeks; (b) may allow an employee to choose, subject to prescribed restrictions, the date on which an ordinary maternity leave period starts; (c) may specify circumstances in which an employee may work for her employer during an ordinary maternity leave period without bringing the period to an end.] (4) Subject to section 74, an employee who exercises her right under subsection (1)— (a) is entitled [F163, for such purposes and to such extent as may be prescribed,] to the benefit of the terms and conditions of employment which would have applied if she had not been absent, (b) is bound [F164, for such purposes and to such extent as may be prescribed] by any obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1)), and [F165(c) is entitled to return from leave to a job of a prescribed kind.] (5) In subsection (4)(a) “terms and conditions of employment”— (a) includes matters connected with an employee’s employment whether or not they arise under her contract of employment, but (b) does not include terms and conditions about remuneration. (6) The Secretary of State may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this section. [F166(7) The Secretary of State may make regulations making provision, in relation to the right to return under subsection (4)(c) above, about— (a) seniority, pension rights and similar rights; (b) terms and conditions of employment on return.] Employment Rights Act 1996 (c. 18) Part VIII – Chapter I – MATERNITY LEAVE Document Generated: 2012-07-03 95 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) F170 S. 73(5A) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(4); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3) F17174 Redundancy and dismissal. (1) Regulations under section 71 or 73 may make provision about redundancy during an ordinary or additional maternity leave period. (2) Regulations under section 71 or 73 may make provision about dismissal (other than by reason of redundancy) during an ordinary or additional maternity leave period. (3) Regulations made by virtue of subsection (1) or (2) may include— (a) provision requiring an employer to offer alternative employment; (b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part X). (4) Regulations under section [F17271 or] 73 may make provision— (a) for section [F17371(4)(c) or] 73(4)(c) not to apply in specified cases, and (b) about dismissal at the conclusion of an [F174ordinary or] additional maternity leave period. Annotations: Amendments (Textual) F171 Pt. VIII (ss. 71-80) substituted for Pt. VIII (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. I; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 para. 10) F172 Words in s. 74(4) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(5)(a); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3) F173 Words in s. 74(4)(a) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(5)(b); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3) F174 Words in s. 74(4)(b) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(5)(c); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3) F17575 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 employees and employers; (b) make provision for the consequences of failure to give notices, to produce evidence or to comply with other procedural requirements; (c) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a); (d) make special provision for cases where an employee has a right which corresponds to a right under this Chapter and which arises under her contract of employment or otherwise; (e) make provision modifying the effect of Chapter II of Part XIV (calculation of a week’s pay) in relation to an employee who is or has been absent from work on ordinary or additional maternity leave; 96 Employment Rights Act 1996 (c. 18) Part VIII – Chapter 1A – Adoption leave Document Generated: 2012-07-03 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (f) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to a person entitled to ordinary, compulsory or additional maternity leave; (g) make different provision for different cases or circumstances. (2) In sections 71 to 73 “prescribed” means prescribed by regulations made by the Secretary of State. Annotations: Amendments (Textual) F175 Pt. VIII (ss. 71-80) substituted for Pt. VIII (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. I; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 para. 10) [F176CHAPTER 1A ADOPTION LEAVE Annotations: Amendments (Textual) F176 Pt. 8 Ch. 1A inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 3; S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2 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. (2) An ordinary adoption leave period is a period calculated in accordance with regulations made by the Secretary of State. [F177(2A) Regulations under subsection (2) may specify circumstances in which an employee may work for his employer during an ordinary adoption leave period without bringing the period to an end.] (3) Subject to section 75C, an employee who exercises his right under subsection (1)— (a) is entitled, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if he had not been absent, (b) is bound, for such purposes and to such extent as may be prescribed, by any obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1)), and (c) is entitled to return from leave to a job of a prescribed kind. (4) In subsection (3)(a) “terms and conditions of employment”— (a) includes matters connected with an employee’s employment whether or not they arise under his contract of employment, but (b) does not include terms and conditions about remuneration. Employment Rights Act 1996 (c. 18) Part VIII – Chapter 1A – Adoption leave Document Generated: 2012-07-03 97 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (5) In subsection (3)(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to ordinary adoption leave and partly to maternity leave. (6) The Secretary of State may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this section. (7) The Secretary of State may make regulations making provision, in relation to the right to return under subsection (3)(c), about— (a) seniority, pension rights and similar rights; (b) terms and conditions of employment on return. Annotations: Amendments (Textual) F177 S. 75A(2A) inserted (27.6.2006 for certain purposes, otherwise 1.10.2006) by Work and Families Act 2006 (c. 18), ss. 11, 19, Sch. 1 para. 33; S.I. 2006/1682, art. 2(c), 3(c)(d) 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 leave period is a period calculated in accordance with regulations made by the Secretary of State. [F178(3) Regulations under subsection (2)— (a) may allow an employee to choose, subject to prescribed restrictions, the date on which an additional adoption leave period ends; (b) may specify circumstances in which an employee may work for his employer during an additional adoption leave period without bringing the period to an end.] (4) Subject to section 75C, an employee who exercises his right under subsection (1)— (a) is entitled, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if he had not been absent, (b) is bound, for such purposes and to such extent as may be prescribed, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1)), and (c) is entitled to return from leave to a job of a prescribed kind. (5) In subsection (4)(a) “terms and conditions of employment”— (a) includes matters connected with an employee’s employment whether or not they arise under his contract of employment, but (b) does not include terms and conditions about remuneration. (6) In subsection (4)(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to additional adoption leave and partly to— (a) maternity leave, or (b) ordinary adoption leave,