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Employment Rights Act 1996, Section 4 is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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 [F1the worker] 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 F2... , 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 [F3section 2(4)]
F4(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 [F5the worker] 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 [F6the worker] to the provisions of some other document which is reasonably accessible to [F6the worker] for a change in any of the matters specified in [F7sections 1(4)(d)(ii) to (iii)] and 3(1)(a) and (c).
(5)A statement under subsection (1) may refer [F8the worker] 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 [F8the worker].
(6)Where, after an employer has given to [F9a worker] 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)[F10in the case of a statement given to an employee,] 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 [F11the worker] 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.
Textual Amendments
F1Words in s. 4(1) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 8(a) (with reg. 15)
F2Words in s. 4(2)(a) omitted (6.4.2020) by virtue of The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 5(a) (with reg. 8)
F3Words in s. 4(2)(b)(i) substituted (6.4.2020) by The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 5(b) (with reg. 8)
F4S. 4(2)(b)(ii) omitted (6.4.2020) by virtue of The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 5(c) (with reg. 8)
F5Words in s. 4(3)(b) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 8(a) (with reg. 15)
F6Words in s. 4(4) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 8(a) (with reg. 15)
F7Words in s. 4(4) substituted (6.4.2020) by The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (S.I. 2018/1378), regs. 1, 5(d) (with reg. 8)
F8Words in s. 4(5) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 8(a) (with reg. 15)
F9Words in s. 4(6) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 8(b) (with reg. 15)
F10Words in s. 4(6)(b) inserted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 8(c) (with reg. 15)
F11Words in s. 4(6) substituted (6.4.2020) by The Employment Rights (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/731), regs. 1(2), 8(a) (with reg. 15)
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