Employment Rights Act 1996
Part I Employment particulars
Right to statements of employment particulars
1 Statement of initial employment particulars.
2 Statement of initial particulars: supplementary.
3 Note about disciplinary procedures and pensions.
4 Statement of changes.
5 Exclusion from rights to statements.
6 Reasonably accessible document or collective agreement.
7 Power to require particulars of further matters.
7A Use of alternative documents to give particulars
7B Giving of alternative documents before start of employment
Right to itemised pay statement
8 Itemised pay statement.
9 Standing statement of fixed deductions.
10 Power to amend provisions about pay and standing statements.
Enforcement
11 References to employment tribunals.
12 Determination of references.
Part II Protection of wages
Deductions by employer
13 Right not to suffer unauthorised deductions.
14 Excepted deductions.
Payments to employer
15 Right not to have to make payments to employer.
16 Excepted payments.
Cash shortages and stock deficiencies in retail employment
17 Introductory.
18 Limits on amount and time of deductions.
19 Wages determined by reference to shortages etc.
20 Limits on method and timing of payments.
21 Limit on amount of payments.
22 Final instalments of wages.
Enforcement
23 Complaints to employment tribunals.
24Determination of complaints.
25 Determinations: supplementary.
26 Complaints and other remedies.
Supplementary
27 Meaning of “wages” etc.
Part III Guarantee payments
28 Right to guarantee payment.
29 Exclusions from right to guarantee payment.
30 Calculation of guarantee payment.
31 Limits on amount of and entitlement to guarantee payment.
32 Contractual remuneration.
33 Power to modify provisions about guarantee payments.
34 Complaints to employment tribunals.
35 Exemption orders.
Part IV Sunday working for shop and betting workers
Protected shop workers and betting workers
36 Protected shop workers and betting workers.
37 Contractual requirements relating to Sunday work.
38 Contracts with guaranteed hours.
39 Reduction of pay etc.
Opting-out of Sunday work
40 Notice of objection to Sunday working.
41 Opted-out shop workers and betting workers.
42 Explanatory statement.
43 Contractual requirements relating to Sunday work.
Part IVA Protected disclosures
43A Meaning of “protected disclosure”.
43B Disclosures qualifying for protection.
43C Disclosure to employer or other responsible person.
43D Disclosure to legal adviser.
43E Disclosure to Minister of the Crown.
43F Disclosure to prescribed person.
43G Disclosure in other cases.
43H Disclosure of exceptionally serious failure.
43J Contractual duties of confidentiality.
43K Extension of meaning of “worker” etc. for Part IVA.
43KA Application of this Part and related provisions to police
43L Other interpretative provisions.
Part V Protection from suffering detriment in employment
Rights not to suffer detriment
43MJury service
44 Health and safety cases.
45 Sunday working for shop and betting workers.
45A Working time cases.
46 Trustees of occupational pension schemes.
47 Employee representatives.
47A Employees exercising right to time off work for study or training.
47B Protected disclosures.
47C Leave for family and domestic reasons.
47D Tax credits
47E Flexible working
47FStudy and training
47GEmployee shareholder status
Enforcement
48 Complaints to employment tribunals.
49 Remedies.
Application to police of rights relating to health and safety
49A Application to police of section 44 and related provisions.
Part VI Time off work
Public duties
50 Right to time off for public duties.
51 Complaints to employment tribunals.
Looking for work and making arrangements for training
52 Right to time off to look for work or arrange training.
53 Right to remuneration for time off under section 52.
54 Complaints to employment tribunals.
Ante-natal care
55 Right to time off for ante-natal care.
56 Right to remuneration for time off under section 55.
57 Complaints to employment tribunals.
Ante-natal care: agency workers
57ZARight to time off for ante-natal care (agency workers)
57ZBRight to remuneration for time off under section 57ZA
57ZCComplaint to employment tribunal: agency workers
57ZDAgency workers: supplementary
Accompanying to ante-natal appointments
57ZERight to time off to accompany to ante-natal appointment
57ZFComplaint to employment tribunal
Accompanying to ante-natal appointments: agency workers
57ZGRight to time off to accompany to ante-natal appointment: agency workers
57ZHComplaint to employment tribunal: agency workers
57ZIAgency workers: supplementary
Dependants
57A Time off for dependants.
57B Complaint to employment tribunal.
Occupational pension scheme trustees
58 Right to time off for pension scheme trustees.
59 Right to payment for time off under section 58.
60 Complaints to employment tribunals.
Employee representatives
61 Right to time off for employee representatives.
62 Right to remuneration for time off under section 61.
63 Complaints to employment tribunals.
63A Right to time off for young person in Wales or Scotland for study or training.
63B Right to remuneration for time off under section 63A.
63C Complaints to employment tribunals.
Part 6AStudy and training
63DStatutory right to make request in relation to study or training
63ESection 63D application: supplementary
63FEmployer's duties in relation to application
63GRegulations about dealing with applications
63HEmployee's duties in relation to agreed study or training
63IComplaints to employment tribunals
63JRemedies
63KSupplementary
Part VII Suspension from work
Suspension on medical grounds
64 Right to remuneration on suspension on medical grounds.
65 Exclusions from right to remuneration.
Suspension on maternity grounds
66 Meaning of suspension on maternity grounds.
67 Right to offer of alternative work.
68 Right to remuneration.
Ending the supply of an agency worker on maternity grounds
68AMeaning of ending the supply of an agency worker on maternity grounds
68BRight to offer of alternative work
68CRight to remuneration
68DAgency workers: supplementary
General
69 Calculation of remuneration.
69ACalculation of remuneration (agency workers)
70 Complaints to employment tribunals.
70AComplaints to employment tribunals: agency workers
Part VIII
Chapter I MATERNITY LEAVE
71(1) An employee may, provided that she satisfies any conditions...
72 Compulsory maternity leave.
73 Additional maternity leave.
74 Redundancy and dismissal.
75 Sections 71 to 73: supplemental.
Chapter 1AAdoption leave
75A Ordinary adoption leave
75B Additional adoption leave
75C Redundancy and dismissal
75D Chapter 1A: supplemental
CHAPTER 1BShared parental leave
75EEntitlement to shared parental leave: birth
75FEntitlement to leave under section 75E: further provision
75GEntitlement to shared parental leave: adoption
75HEntitlement to leave under section 75G: further provision
75IRights during and after shared parental leave
75JRedundancy and dismissal
75KChapter 1B: supplemental
Chapter II PARENTAL LEAVE
76 Entitlement to parental leave.
77 Rights during and after parental leave.
78 Special cases.
79 Supplemental.
80 Complaint to employment tribunal.
Chapter 3Paternity leave
80A Entitlement to ordinarypaternity leave: birth
80AAEntitlement to additional paternity leave: birth
80B Entitlement to ordinarypaternity leave: adoption
80BBEntitlement to additional paternity leave: adoption
80C Rights during and after paternity leave
80D Special cases
80E Chapter 3: supplemental
Part 8AFlexible working
80F Statutory right to request contract variation
80G Employer’s duties in relation to application under section 80F
80H Complaints to employment tribunals
80I Remedies
Part IX Termination of employment
Minimum period of notice
86 Rights of employer and employee to minimum notice.
87 Rights of employee in period of notice.
88 Employments with normal working hours.
89 Employments without normal working hours.
90 Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
91 Supplementary.
Written statement of reasons for dismissal
92 Right to written statement of reasons for dismissal.
93 Complaints to employment tribunal.
Part X Unfair dismissal
Chapter I Right not to be unfairly dismissed
The right
94 The right.
Dismissal
95 Circumstances in which an employee is dismissed.
96 Failure to permit return after childbirth treated as dismissal.
97 Effective date of termination.
Fairness
98 General.
Retirement
98ZANo normal retirement age: dismissal before 65
98ZBNo normal retirement age: dismissal at or after 65
98ZCNormal retirement age: dismissal before retirement age
98ZDNormal retirement age 65 or higher: dismissal at or after retirement age
98ZENormal retirement age below 65: dismissal at or after retirement age
98ZFReason for dismissal: particular matters
98ZGRetirement dismissals: fairness
98ZHInterpretation
Other dismissals
98A Procedural fairness
98BJury service
99 Leave for family reasons.
100 Health and safety cases.
101 Shop workers and betting workers who refuse Sunday work.
101A Working time cases.
102 Trustees of occupational pension schemes.
103 Employee representatives.
103A Protected disclosure.
104 Assertion of statutory right.
104A The national minimum wage.
104B Tax credits
104C Flexible working
104DPension enrolment
104EStudy and training
104FBlacklists
104GEmployee shareholder status
105 Redundancy.
106 Replacements.
107 Pressure on employer to dismiss unfairly.
Exclusion of right
108 Qualifying period of employment.
109 Upper age limit.
110 Dismissal procedures agreements.
Chapter II Remedies for unfair dismissal
Introductory
111 Complaints to employment tribunal.
111AConfidentiality of negotiations before termination of employment
112 The remedies: orders and compensation.
Orders for reinstatement or re-engagement
113 The orders.
114 Order for reinstatement.
115 Order for re-engagement.
116 Choice of order and its terms.
117 Enforcement of order and compensation.
Compensation
118 General.
119 Basic award.
120 Basic award: minimum in certain cases.
121 Basic award of two weeks’ pay in certain cases.
122 Basic award: reductions.
123 Compensatory award.
124 Limit of compensatory award etc.
124A Adjustments under the Employment Act 2002
125 Special award.
126 Acts which are both unfair dismissal and discrimination.
127 Dismissal of woman at or after end of maternity leave period.
127A Internal appeal procedures.
127B Dismissal as a result of protected disclosure.
Interim relief
128 Interim relief pending determination of complaint.
129 Procedure on hearing of application and making of order.
130 Order for continuation of contract of employment.
131 Application for variation or revocation of order.
132 Consequence of failure to comply with order.
Chapter III Supplementary
133 Death of employer or employee.
134 Teachers in aided schools.
134A Application to police.
Part XI Redundancy payments etc.
Chapter I Right to redundancy payment
135 The right.
Chapter II Right on dismissal by reason of redundancy
Dismissal by reason of redundancy
136 Circumstances in which an employee is dismissed.
137 Failure to permit return after childbirth treated as dismissal.
138 No dismissal in cases of renewal of contract or re-engagement.
139 Redundancy.
Exclusions
140 Summary dismissal.
141 Renewal of contract or re-engagement.
142 Employee anticipating expiry of employer’s notice.
143 Strike during currency of employer’s notice.
144 Provisions supplementary to section 143.
Supplementary
145 The relevant date.
146 Provisions supplementing sections 138 and 141.
Chapter III Right by reason of lay-off or short-time
Lay-off and short-time
147 Meaning of “lay-off” and “short-time”.
148 Eligibility by reason of lay-off or short-time.
Exclusions
149 Counter-notices.
150 Resignation.
151 Dismissal.
152 Likelihood of full employment.
Supplementary
153 The relevant date.
154 Provisions supplementing sections 148 and 152.
Chapter IV General exclusions from right
155 Qualifying period of employment.
156 Upper age limit.
157 Exemption orders.
158 Pension rights.
159 Public offices etc.
160 Overseas government employment.
161 Domestic servants.
Chapter V Other provisions about redundancy payments
162 Amount of a redundancy payment.
163 References to employment tribunals.
164 Claims for redundancy payment.
165 Written particulars of redundancy payment.
Chapter VI Payments by Secretary of State
166 Applications for payments.
167 Making of payments.
168 Amount of payments.
169 Information relating to applications for payments.
170 References to employment tribunals.
Chapter VII Supplementary
Application of Part to particular cases
171 Employment not under contract of employment.
172 Termination of employment by statute.
173 Employees paid by person other than employer.
Death of employer or employee
174 Death of employer: dismissal.
175 Death of employer: lay-off and short-time.
176 Death of employee.
Equivalent payments
177 References to employment tribunals.
Other supplementary provisions
178 Old statutory compensation schemes.
179 Notices.
180 Offences.
181 Interpretation.
Part XII Insolvency of employers
182 Employee’s rights on insolvency of employer.
183 Insolvency.
184 Debts to which Part applies.
185 The appropriate date.
186 Limit on amount payable under section 182.
187 Role of relevant officer.
188 Complaints to employment tribunals.
189 Transfer to Secretary of State of rights and remedies.
190 Power to obtain information.
Part XIII Miscellaneous
Chapter I Particular types of employment
Crown employment etc.
191 Crown employment.
192 Armed forces.
193 National security.
Parliamentary staff
194 House of Lords staff.
195 House of Commons staff.
Excluded classes of employment
196 Employment outside Great Britain.
197 Fixed-term contracts.
198 Short-term employment.
199 Mariners.
200 Police officers.
Offshore employment
201 Power to extend employment legislation to offshore employment.
Chapter II Other miscellaneous matters
Restrictions on disclosure of information
202 National security.
Contracting out etc. and remedies
203 Restrictions on contracting out.
204 Law governing employment.
205 Remedy for infringement of certain rights.
Employee shareholder status
205AEmployee shareholders
General provisions about death of employer or employee
206 Institution or continuance of tribunal proceedings.
207 Rights and liabilities accruing after death.
Mediation in certain cross-border dispute
207AExtension of time limits because of mediation in certain cross-border disputes
207BExtension of time limits to facilitate conciliation before institution of proceedings
Modifications of Act
208 Review of limits.
209 Powers to amend Act.
Part XIV Interpretation
Chapter I Continuous employment
210 Introductory.
211 Period of continuous employment.
212 Weeks counting in computing period.
213 Intervals in employment.
214 Special provisions for redundancy payments.
215 Employment abroad etc.
216 Industrial disputes.
217 Reinstatement after military service.
218 Change of employer.
219 Reinstatement or re-engagement of dismissed employee.
Chapter II A week’s pay
Introductory
220 Introductory.
Employments with normal working hours
221 General.
222 Remuneration varying according to time of work.
223 Supplementary.
Employments with no normal working hours
224 Employments with no normal working hours.
The calculation date
225 Rights during employment.
226 Rights on termination.
Maximum amount of week’s pay
227 Maximum amount.
Miscellaneous
228 New employments and other special cases.
229 Supplementary.
Chapter III Other interpretation provisions
230 Employees, workers etc.
231 Associated employers.
232 Shop workers.
233 Betting workers
234 Normal working hours.
235 Other definitions.
Part XV General and supplementary
General
236 Orders and regulations.
237 Financial provisions.
Reciprocal arrangements
238 Reciprocal arrangements with Northern Ireland.
239 Reciprocal arrangements with Isle of Man.
Final provisions
240 Consequential amendments.
241 Transitionals, savings and transitory provisions.
242 Repeals and revocations.
243 Commencement.
244 Extent.
245 Short title.
SCHEDULES
SCHEDULE 1 Consequential amendments
1(1) Section 1 of the Equal Pay Act 1970 is...
The Atomic Energy Authority Act 1971 (c.11)
2(1) Section 10 of the Atomic Energy Authority Act 1971...
The Attachment of Earnings Act 1971 (c.32)
3Paragraph 3 of Part I of Schedule 3 to the...
The British Library Act 1972 (c.54)
4In paragraph 13(3)(a) of the Schedule to the British Library...
The Health and Safety at Work etc. Act 1974 (c.37)
5In section 80(2A) of the Health and Safety at Work...
The Sex Discrimination Act 1975 (c.65)
6(1) The Sex Discrimination Act 1975 is amended as follows....
The Scottish Development Agency Act 1975 (c.69)
7In paragraph 6 of Schedule 3 to the Scottish Development...
The Welsh Development Agency Act 1975 (c.70)
8In paragraph 7 of Schedule 2 to the Welsh Development...
The Lotteries and Amusements Act 1976 (c.32)
9In section 23(1) of the Lotteries and Amusements Act 1976,...
The Race Relations Act 1976 (c.74)
10(1) The Race Relations Act 1976 is amended as follows....
The Development of Rural Wales Act 1976 (c.75)
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The New Towns (Scotland) Act 1977 (c.16)
12In section 3(6) of the New Towns (Scotland) Act 1977,...
The National Health Service (Scotland) Act 1978 (c.29)
13In section 12C(3) of the National Health Service (Scotland) Act...
The House of Commons (Administration) Act 1978 (c.36)
14In paragraph 1 of Schedule 2 to the House of...
The New Towns Act 1981 (c.64)
15In section 54(5) of the New Towns Act 1981, for...
The Wildlife and Countryside Act 1981 (c.69)
16In paragraph 8(4) of Schedule 13 to the Wildlife and...
The Hops Marketing Act 1982 (c.5)
17In section 2(7) of the Hops Marketing Act 1982, for...
The Oil and Gas (Enterprise) Act 1982 (c.23)
18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government Finance Act 1982 (c.32)
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Administration of Justice Act 1982 (c.53)
20In section 10(d) of the Administration of Justice Act 1982—...
The Health and Social Services and Social Security Adjudications Act 1983 (c.41)
21In paragraph 23 of Part II of Schedule 3 to...
The National Audit Act 1983 (c.44)
22
The National Heritage Act 1983 (c.47)
23In— (a) paragraph 5(5) of Part I of Schedule 1,...
The National Heritage (Scotland) Act 1985 (c.16)
24In— (a) paragraph 5(5) of Part I, and
The Prosecution of Offences Act 1985 (c.23)
25(1) The Prosecution of Offences Act 1985 is amended as...
The Local Government Act 1985 (c.51)
26(1) The Local Government Act 1985 is amended as follows....
The Trustee Savings Banks Act 1985 (c.58)
27In section 3(7) of the Trustee Savings Banks Act 1985,...
The Housing (Consequential Provisions) Act 1985 (c.71)
28In paragraph 7(2)(b) of Schedule 4 to the Housing (Consequential...
The Insolvency Act 1986 (c.45)
29In paragraph 13 of Schedule 6 to the Insolvency Act...
The Legal Aid (Scotland) Act 1986 (c.47)
30In paragraph 10(1) of Schedule 1 to the Legal Aid...
The Debtors (Scotland) Act 1987 (c.18)
31In section 73(3)(g) of the Debtors (Scotland) Act 1987, for...
The Pilotage Act 1987 (c.21)
32In section 25(6) of the Pilotage Act 1987, for “Schedule...
The Housing (Scotland) Act 1987 (c.26)
33In paragraph 10(2)(b) of Schedule 22 to the Housing (Scotland)...
The Consumer Protection Act 1987 (c.43)
34In section 22(5) of the Consumer Protection Act 1987, for...
The Income and Corporation Taxes Act 1988 (c.1)
35(1) The Income and Corporation Taxes Act 1988 is amended...
The Legal Aid Act 1988 (c.34)
36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Education Reform Act 1988 (c.40)
37(1) The Education Reform Act 1988 is amended as follows....
The Local Government Finance Act 1988 (c.41)
38In paragraph 6(4) of Schedule 11 to the Local Government...
The Housing (Scotland) Act 1988 (c.43)
39In paragraph 12(1) of Schedule 1 to the Housing (Scotland)...
The Health and Medicines Act 1988 (c.49)
40In section 18 of the Health and Medicines Act 1988,...
The Housing Act 1988 (c.50)
41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Dock Work Act 1989 (c.13)
42In section 6(3) of the Dock Work Act 1989—
The Electricity Act 1989 (c.29)
43(1) The Electricity Act 1989 is amended as follows.
The Local Government and Housing Act 1989 (c.42)
44In section 10 of the Local Government and Housing Act...
The National Health Service and Community Care Act 1990 (c.19)
45(1) The National Health Service and Community Care Act 1990...
The Enterprise and New Towns (Scotland) Act 1990 (c.35)
46In paragraph 17(1) of Schedule 1 to the Enterprise and...
The Environmental Protection Act 1990 (c.43)
47In paragraph 15 of Schedule 10 to the Environmental Protection...
The Natural Heritage (Scotland) Act 1991 (c.28)
48In paragraph 4 of Schedule 4 to the Natural Heritage...
The Coal Mining Subsidence Act 1991 (c.45)
49In section 30(7) of the Coal Mining Subsidence Act 1991—...
The Ports Act 1991 (c.52)
50In section 24(8) of the Ports Act 1991, for the...
The Social Security Contributions and Benefits Act 1992 (c.4)
51(1) The Social Security Contributions and Benefits Act 1992 is...
The Further and Higher Education Act 1992 (c.13)
52(1) The Further and Higher Education Act 1992 is amended...
The Timeshare Act 1992 (c.35)
53In section 1 of the Timeshare Act 1992—
The Further and Higher Education (Scotland) Act 1992 (c.37)
54In section 33(3)(b) of the Further and Higher Education (Scotland)...
The Museums and Galleries Act 1992 (c.44)
55In section 1(7) of the Museums and Galleries Act 1992,...
The Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)
56(1) The Trade Union and Labour Relations (Consolidation) Act 1992...
The Tribunals and Inquiries Act 1992 (c.53)
57In section 11(2) of the Tribunals and Inquiries Act 1992,...
The Social Security Act 1993 (c.3)
58In section 2(4)(b) of the Social Security Act 1993, for...
The Education Act 1993 (c.35)
59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Railways Act 1993 (c.43)
60(1) The Railways Act 1993 is amended as follows.
The Pension Schemes Act 1993 (c.48)
61(1) The Pension Schemes Act 1993 is amended as follows....
The Finance Act 1994 (c.9)
62In paragraph 27 of Schedule 24 to the Finance Act...
The Local Government (Wales) Act 1994 (c.19)
63(1) The Local Government (Wales) Act 1994 is amended as...
The Coal Industry Act 1994 (c.21)
64In paragraph 4(11) of Schedule 5 to the Coal Industry...
The Criminal Justice and Public Order Act 1994 (c.33)
65In section 126(2) of the Criminal Justice and Public Order...
The Local Government etc. (Scotland) Act 1994 (c.39)
66(1) The Local Government etc. (Scotland) Act 1994 is amended...
The Jobseekers Act 1995 (c.18)
67(1) The Jobseekers Act 1995 is amended as follows.
The Environment Act 1995 (c.25)
68In paragraph 3 of Schedule 2 to the Environment Act...
The Disability Discrimination Act 1995 (c.50)
69(1) The Disability Discrimination Act 1995 is amended as follows....
SCHEDULE 2 Transitional provisions, savings and transitory provisions
Part I Transitional provisions and savings
General transitionals and savings
1The substitution of this Act for the provisions repealed or...
2(1) Anything done, or having effect as done, (including the...
3Any reference (express or implied) in this Act or any...
4(1) Any reference (express or implied) in any enactment, or...
5Paragraphs 1 to 4 have effect in place of section...
Preservation of old transitionals and savings
6(1) The repeal by this Act of an enactment previously...
Employment particulars
7(1) In this paragraph “pre-TURERA employee” means an employee whose...
Monetary limits in old cases
8In relation to any case in which (but for this...
Shop workers and betting workers to whom old maternity provisions applied
9(1) This paragraph applies where an employee exercised a right...
Validity of provisions deriving from certain regulations
10Any question as to the validity of any of sections...
Unfair dismissal
11Part X does not apply to a dismissal from employment...
Redundancy payments
12(1) Section 135 does not apply to an employee who...
Periods of employment
13(1) The reference in section 215(2)(b) to a person being...
14(1) Subject to paragraph 13 and sub-paragraphs (2) and (3)...
Part II Transitory provisions
Occupational pension scheme trustees
15(1) If sections 42 to 46 of the Pensions Act...
Armed forces
16(1) If section 31 of the Trade Union Reform and...
17(1) If Part XI of the Reserve Forces Act 1996...
Disability discrimination
18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3 Repeals and revocations
Part I Repeals
Part II Revocations
TABLE OF DERIVATIONS
1Notes:
2The following abbreviations are used in the Table— BGLA =...

Royal arms

Employment Rights Act 1996

1996 CHAPTER 18

An Act to consolidate enactments relating to employment rights.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—