Employment Rights Act 1996

7 (1) In this paragraph “pre-TURERA employee” means an employee whose employment with his employer began before 30th November 1993 (the day on which section 26 of the M1 Trade Union Reform and Employment Rights Act 1993 came into force), whether or not the provisions of sections 1 to 6 of the M2 Employment Protection (Consolidation) Act 1978, as they had effect before the substitution made by that section, applied to him before that date. E+W+S

(2) Subject to the following provisions of this paragraph [F1 and paragraph 7B], sections 1 to 7 of this Act do not apply to a pre-TURERA employee (but the provisions of sections 1 to 6 of the Employment Protection (Consolidation) Act 1978, as they had effect before the substitution made by section 26 of the Trade Union Reform and Employment Rights Act 1993, continue in force in his case).

(3) Where a pre-TURERA employee, at any time [F2 before 6 April 2020]—

(a) on or after the day on which this Act comes into force, and

(b) either before the end of his employment or within the period of three months beginning with the day on which his employment ends,

requests from his employer a statement under section 1 of this Act, the employer shall (subject to section 5 and any other provision disapplying or having the effect of disapplying sections 1 to 4) be treated as being required by section 1 to give him a written statement under that section not later than two months after the request is made; and section 4 of this Act shall (subject to that) apply in relation to the employee after he makes the request.

(4) An employer is not required to give an employee a statement under section 1 pursuant to sub-paragraph (3)—

(a) on more than one occasion, or

(b) if he has already given him a statement pursuant to paragraph 3(3) of Schedule 9 to the M3 Trade Union Reform and Employment Rights Act 1993.

(5) Where—

(a) on or after the day on which this Act comes into force there is in the case of a pre-TURERA employee a change in any of the matters particulars of which would, had he been given a statement of particulars on 30th November 1993 under section 1 of the M4 Employment Protection (Consolidation) Act 1978 (as substituted by section 26 of the Trade Union Reform and Employment Rights Act 1993), have been included or referred to in the statement, and

(b) he has not previously requested a statement under sub-paragraph (3) or paragraph 3(3) of Schedule 9 to the M5 Trade Union Reform and Employment Rights Act 1993,

subsections (1) and (6) of section 4 of this Act shall be treated (subject to section 5 and any other provision disapplying or having the effect of disapplying section 4) as requiring his employer to give him a written statement containing particulars of the change at the time specified in subsection (3) of section 4; and the other provisions of section 4 apply accordingly.

Textual Amendments

F1 Words in Sch. 2 para. 7(2) inserted (6.4.2020) by The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 9(2)(b)

F2 Words in Sch. 2 para. 7(3) inserted (6.4.2020) by The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 9(2)(c)

Marginal Citations

M1 1993 c. 19.

M2 1978 c. 44.

M3 1993 c. 19.

M4 1978 c. 44.

M5 1993 c. 19.