SCHEDULES

SCHEDULE 7 E+W Statutory rights to leave and pay: further amendments

Employment Rights Act 1996 (c. 18) E+W

29 E+W The Employment Rights Act 1996 is amended as follows.

Commencement Information

I1 Sch. 7 para. 29 in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(f)

30 E+W In section 27 (meaning of “wages”), in subsection (1) (sums included)—

(a) in paragraph (ca), for “ordinary statutory paternity pay or additional statutory paternity pay” there is substituted “ statutory paternity pay ”;

(b) after paragraph (cb) there is inserted—

“(cc) statutory shared parental pay under Part 12ZC of that Act,”.

Commencement Information

I2 Sch. 7 para. 30(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(m) (with art. 16)

I3 Sch. 7 para. 30(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(k)

31 E+W In section 47C (right not to be subjected to detriment in connection with leave for family and domestic reasons), in subsection (2) (reasons that may be prescribed)—

(a) after paragraph (ba) there is inserted—

“(bb) shared parental leave,”;

(b) in paragraph (ca) (paternity leave), the words “ordinary or additional” are repealed.

Commencement Information

I4 Sch. 7 para. 31(a) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(g)

I5 Sch. 7 para. 31(b) in force at 5.4.2015 by S.I. 2014/1640, art. 7(n) (with art. 16)

32 E+W In section 80A (entitlement to ordinary paternity leave: birth), in the title, the word “ordinary” is repealed.

Commencement Information

I6 Sch. 7 para. 32 in force at 5.4.2015 by S.I. 2014/1640, art. 7(o) (with art. 16)

33 E+W In section 80B (entitlement to ordinary paternity leave: adoption), in the title, the word “ordinary” is repealed.

Commencement Information

I7 Sch. 7 para. 33 in force at 5.4.2015 by S.I. 2014/1640, art. 7(o) (with art. 16)

34 (1) Section 80C (rights during and after ordinary and additional paternity leave) is amended as follows. E+W

(2) In subsection (1) (provision as to rights under section 80A or 80AA), the words “or 80AA” are repealed.

(3) In subsection (2) (absence on leave under section 80A or 80AA may include a period of other statutory leave)—

(a) the words “or 80AA” are repealed;

(b) paragraph (za) (leave under section 80AA) is repealed;

(c) the “and” following paragraph (b) is repealed;

(d) after paragraph (b) there is inserted—

“(ba) shared parental leave, and”.

(4) In subsection (3) (provision as to rights under section 80B or 80BB)—

(a) the words “or 80BB” are repealed;

(b) the words “or 80AA” are repealed.

(5) In subsection (4) (absence on leave under section 80B or 80BB may include a period of other statutory leave)—

(a) the words “or 80BB” are repealed;

(b) paragraph (za) (leave under section 80BB) is repealed;

(c) after paragraph (b) there is inserted—

“(ba) shared parental leave,”;

(d) in paragraph (d) (leave under section 80A or 80AA), the words “or 80AA” are repealed.

(6) In subsection (6) (provision as to remuneration), for “any of sections 80A to 80BB” there is substituted “ section 80A or 80B ”.

(7) In subsection (7) (provision as to seniority on return etc), for “any of sections 80A to 80BB” there is substituted “ section 80A or 80B ”.

Commencement Information

I8 Sch. 7 para. 34(1)(3)(c)(d)(5)(c) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(h)

I9 Sch. 7 para. 34(2)(3)(a)(b)(4)(5)(a)(b)(d)(6)(7) in force at 5.4.2015 by S.I. 2014/1640, art. 7(p) (with art. 16)

35 E+W In section 80D (provision as to redundancy or dismissal), in subsection (1), for “, 80AA, 80B or 80BB” there is substituted “ or 80B ”.

Commencement Information

I10 Sch. 7 para. 35 in force at 5.4.2015 by S.I. 2014/1640, art. 7(q) (with art. 16)

36 (1) Section 80E (supplemental to Chapter 3 of Part 8) is amended as follows. E+W

(2) In subsection (1) (provision that may be made by regulations), for “any of sections 80A to 80BB”, in each place it occurs, there is substituted “ section 80A or 80B ”.

(3) Subsection (2) (persons who may be subjected to duties in connection with employees exercising rights under section 80AA or 80BB) is repealed.

Commencement Information

I11 Sch. 7 para. 36 in force at 5.4.2015 by S.I. 2014/1640, art. 7(q) (with art. 16)

37 (1) Section 88 (liability of employer to pay employee during period of notice: employments with normal working hours) is amended as follows. E+W

(2) In subsection (1)(c) (liability to employee who is absent from work because of pregnancy etc)—

(a) after “adoption leave,” there is inserted “ shared parental leave, ”;

(b) for “ordinary or additional paternity leave” there is substituted “ paternity leave ”.

(3) In subsection (2) (certain payments during the period of notice treated as meeting employer's liability)—

(a) for “ordinary statutory paternity pay, additional statutory paternity pay” there is substituted “ statutory paternity pay ”;

(b) after “statutory adoption pay,” there is inserted “ shared parental pay, statutory shared parental pay, ”.

Commencement Information

I12 Sch. 7 para. 37(1)(2)(a)(3)(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(l)

I13 Sch. 7 para. 37(2)(b)(3)(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(r) (with art. 16)

38 (1) Section 89 (effect of notice of termination: employments without normal working hours) is amended as follows. E+W

(2) In subsection (3)(b) (effect of absence from work because of pregnancy etc during the period of notice)—

(a) after “adoption leave,” there is inserted “ shared parental leave, ”;

(b) for “ordinary or additional paternity leave” there is substituted “ paternity leave ”.

(3) In subsection (4) (certain payments during the period of notice treated as remuneration)—

(a) for “ordinary statutory paternity pay, additional statutory paternity pay” there is substituted “ statutory paternity pay ”;

(b) after “statutory adoption pay,” there is inserted “ shared parental pay, statutory shared parental pay, ”.

Commencement Information

I14 Sch. 7 para. 38(1)(2)(a)(3)(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(m)

I15 Sch. 7 para. 38(2)(b)(3)(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(s) (with art. 16)

39 E+W In section 99 (dismissal to be regarded as unfair where the dismissal relates to leave for family reasons), in subsection (3) (reasons or sets of circumstances that may be prescribed)—

(a) after paragraph (ba) there is inserted—

“(bb) shared parental leave,”;

(b) in paragraph (ca), for “ordinary or additional paternity leave” there is substituted “ paternity leave ”.

Commencement Information

I16 Sch. 7 para. 39(a) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(i)

I17 Sch. 7 para. 39(b) in force at 5.4.2015 by S.I. 2014/1640, art. 7(t) (with art. 16)

40 E+W In section 106 (dismissal of employee engaged as replacement for person absent from work because of pregnancy etc), in subsection (2)(a), for “leave under section 80AA or 80BB (additional paternity leave)” there is substituted “ shared parental leave ”.

Commencement Information

I18 Sch. 7 para. 40 in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(n) (with art. 12)

41 E+W In section 230 (meaning of “employee”, etc), after subsection (6) there is inserted—

“(7) This section has effect subject to section 75K(3) and (5).”

Commencement Information

I19 Sch. 7 para. 41 in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(j)

42 E+W In section 235 (other definitions), in subsection (1)—

(a) for the definition of “ordinary or additional paternity leave” there is substituted—

““paternity leave” means leave under section 80A or 80B,”;

(b) in the definition of “week”, in paragraph (b), after “in sections” there is inserted “ 75F, 75H, ”;

(c) at the appropriate place there is inserted—

““shared parental leave” means leave under section 75E or 75G,”.

Commencement Information

I20 Sch. 7 para. 42(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(u) (with art. 16)

I21 Sch. 7 para. 42(b)(c) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(k)

43 E+W In section 236 (orders and regulations), in subsection (3) (affirmative procedure), the following are repealed—

(a) “80AA,”;

(b) “80BB,”.

Commencement Information

I22 Sch. 7 para. 43 in force at 5.4.2015 by S.I. 2014/1640, art. 7(v) (with art. 16)