Employment Rights Act 1996

3 Note about disciplinary procedures and pensions. E+W+S

(1) A statement under section 1 shall include a note—

(a) specifying any disciplinary rules applicable to [F1 the worker] or referring [F1 the worker] to the provisions of a document specifying such rules which is reasonably accessible to [F1 the worker],

[F2 (aa) specifying any procedure applicable to the taking of disciplinary decisions relating to [F3 the worker], or to a decision to dismiss [F3 the worker], or referring [F3 the worker] to the provisions of a document specifying such a procedure which is reasonably accessible to [F3 the worker],]

(b) specifying (by description or otherwise)—

(i) a person to whom [F4 the worker] can apply if dissatisfied with any disciplinary decision relating to him [F5 or any decision to dismiss him], and

(ii) a person to whom [F6 the worker] 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 [F7 the worker].

(2) Subsection (1) does not apply to rules, disciplinary decisions, [F8 decisions to dismiss] grievances or procedures relating to health or safety at work.

F9 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 3(1)(a) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 7 (with reg. 15)

F2 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)

F3 Words in s. 3(1)(aa) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 7 (with reg. 15)

F4 Words in s. 3(1)(b)(i) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 7 (with reg. 15)

F5 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)

F6 Words in s. 3(1)(b)(ii) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 7 (with reg. 15)

F7 Words in s. 3(1)(c) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 7 (with reg. 15)

F8 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)

F9 S. 3(3)(4) repealed (1.11.2004) by Employment Act 2002 (c. 22), ss. 36, 54, 55(2), Sch. 8; S.I. 2004/1717, art. 2(2) (subject to art. 3); S.I. 2004/2822, art. 2(b)

F10 S. 3(5) omitted (6.4.2016 unless brought into force earlier by an order under s. 56(1) of the amending Act) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 67