Employment Rights Act 1996

Type Public General Act
Publication 1996-05-22
Last updated 2026-04-06
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API
1469

Definitions in s. 235(1) inserted (5.4.2015) by Children and Families Act 2014 (c. 6), ss. 128(2)(e), 139(6); S.I. 2014/1640, art. 6(d)

1470

Pt. 8 Ch. 1B (ss. 75E-75K) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 117(1), 139(6); S.I. 2014/1640, art. 3(1)(a)

1473

Words in s. 43C(1) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 18(1)(a), 103(2) (with s. 24(6))

1476

Words in s. 75C(1)(b) inserted (6.1.2026) by Employment Rights Act 2025 (c. 36), ss. 27(3), 159(3); S.I. 2026/3, reg. 2(12)(b)

1484

Word in s. 104(4)(c) inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 65(12), 159(3); S.I. 2026/3, reg. 2(22)

1489
1490

Words in s. 43G(1)(b) substituted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 18(2)(b), 103(2) (with s. 24(6))

1491

S. 75H amendment to earlier affecting provision S.I. 2014/3095, reg. 3, Sch. 1 (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 8

1492

Words in s. 200(1) repealed (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 35(d); S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)

1493

Words in s. 235(1) substituted (8.12.2002) by Employment Act 2002 (c. 22), s. 55(2), 53, Sch. 7 para. 48(3); The Employment Act 2002 (Commencement No. 3 and Transitional and Saving Provisions) Order 2002 (S.I. 2002/2866), art. 2(2), Sch. 1 Pt. 2

1494

S. 105(7JA) inserted (30.6.2012) by Pensions Act 2008 (c. 30), ss. 57(4), 149(1); S.I. 2012/1682, art. 2, Sch. 2

1495

S. 105(7N) substituted (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/794), regs. 1(1), 8(2) (with reg. 7)

1497

Ss. 104I-104K inserted (6.1.2026 for specified purposes, 6.4.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 28(3), 159(3); S.I. 2026/3, reg. 2(13)(b); S.I. 2026/323, reg. 3(1)(5)(b)

1499

S. 80A(4A) omitted (6.1.2026 for specified purposes, 18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of Employment Rights Act 2025 (c. 36), ss. 17(1)(a), 159(3); S.I. 2026/3, regs. 2(8), 3(4), 4(4) (with Sch. 1)

1500

S. 80B(4A) omitted (6.1.2026 for specified purposes, 18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of Employment Rights Act 2025 (c. 36), ss. 17(2)(a), 159(3); S.I. 2026/3, regs. 2(8), 3(4), 4(4) (with Sch. 1)

1502
1503

S. 76(1)(a) omitted (18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of Employment Rights Act 2025 (c. 36), ss. 15, 159(3); S.I. 2026/3, regs. 3(2), 4(2) (with Sch. 1)

1504

S. 80A(1)(a) omitted (6.1.2026 for specified purposes, 18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of Employment Rights Act 2025 (c. 36), ss. 16(1)(a), 159(3); S.I. 2026/3, regs. 2(7), 3(3), 4(3) (with Sch. 1)

1505

S. 80B(1)(a) omitted (6.1.2026 for specified purposes, 18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of Employment Rights Act 2025 (c. 36), ss. 16(2)(a), 159(3); S.I. 2026/3, regs. 2(7), 3(3), 4(3) (with Sch. 1)

1506

S. 80A(6A)(a) omitted (6.1.2026 for specified purposes, 18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of Employment Rights Act 2025 (c. 36), ss. 16(1)(b), 159(3); S.I. 2026/3, regs. 2(7), 3(3), 4(3) (with Sch. 1)

1507

S. 80B(6C)(a) omitted (6.1.2026 for specified purposes, 18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of Employment Rights Act 2025 (c. 36), ss. 16(2)(b), 159(3); S.I. 2026/3, regs. 2(7), 3(3), 4(3) (with Sch. 1)

1508

S. 80A(6A)(c) omitted (6.1.2026 for specified purposes, 18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of Employment Rights Act 2025 (c. 36), ss. 17(1)(b), 159(3); S.I. 2026/3, regs. 2(8), 3(4), 4(4) (with Sch. 1)

1509

S. 80B(6C)(c) omitted (6.1.2026 for specified purposes, 18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of Employment Rights Act 2025 (c. 36), ss. 17(2)(b), 159(3); S.I. 2026/3, regs. 2(8), 3(4), 4(4) (with Sch. 1)

1510

Words in s. 80EH(1)(b) inserted (6.1.2026 for specified purposes, 6.4.2026 in so far as not already in force) by Employment Rights Act 2025 (c. 36), ss. 27(6), 159(3); S.I. 2026/3, reg. 2(12)(b); S.I. 2026/323, reg. 3(1)(4)

Remedies.

Chapter I — MATERNITY LEAVE

Chapter 1A — Adoption leave

Right to time off to look for work or arrange training.

75A
  • (1) An employee who satisfies prescribed conditions may be absent from work at any time during an ordinary adoption leave period.
  • (1A) The conditions that may be prescribed under subsection (1) include conditions as to—
  • (a) being a local authority foster parent;
  • (b) being approved as a prospective adopter;
  • (c) being notified by a local authority in England that a child is to be, or is expected to be, placed with the employee under section 22C of the Children Act 1989.

being notified—

  • (i) by a local authority in England that a child is to be, or is expected to be, placed with the employee under section 22C of the Children Act 1989;
  • (ii) by a local authority in Wales that a child is to be, or is expected to be, placed with the employee under section 81 of the Social Services and Well-being (Wales) Act 2014.
  • (2) An ordinary adoption leave period is a period calculated in accordance with regulations made by the Secretary of State.
  • (2A) Regulations under subsection (2)—
  • (a) may allow an employee to bring forward the date on which an ordinary adoption leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions;
  • (b) may allow an employee in prescribed circumstances to revoke, or to be treated as revoking, the bringing forward of that date;
  • (c) may specify circumstances in which an employee may work for his employer during an ordinary adoption leave period without bringing the period to an end.
  • (2B) Provision under subsection (2A)(a) is to secure that an employee may bring forward the date on which an ordinary adoption leave period ends only if the employee or another person has taken, or is taking, prescribed steps as regards leave under section 75G or statutory shared parental pay in respect of the child.
  • (3) Subject to section 75C, an employee who exercises his right under subsection (1)—
  • (a) is entitled, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if he had not been absent,
  • (b) is bound, for such purposes and to such extent as may be prescribed, by any obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1)), and
  • (c) is entitled to return from leave to a job of a prescribed kind.
  • (4) In subsection (3)(a) “ terms and conditions of employment ”—
  • (a) includes matters connected with an employee’s employment whether or not they arise under his contract of employment, but
  • (b) does not include terms and conditions about remuneration.
  • (5) In subsection (3)(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to ordinary adoption leave and partly to maternity leave.
  • (6) The Secretary of State may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this section.
  • (7) The Secretary of State may make regulations making provision, in relation to the right to return under subsection (3)(c), about—
  • (a) seniority, pension rights and similar rights;
  • (b) terms and conditions of employment on return.
  • (8) The Secretary of State may by regulations provide for this section to have effect, with such modifications as the regulations may prescribe, in relation to—
  • (a) cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order,
  • (b) cases which involve an employee who has applied, or intends to apply, for a parental order under section 54A of that Act and a child who is, or will be, the subject of the order.
75B
  • (1) An employee who satisfies prescribed conditions may be absent from work at any time during an additional adoption leave period.
  • (2) An additional adoption leave period is a period calculated in accordance with regulations made by the Secretary of State.
  • (3) Regulations under subsection (2)—
  • (a) may allow an employee to bring forward the date on which an additional adoption leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions;
  • (aa) may allow an employee in prescribed circumstances to revoke, or to be treated as revoking, the bringing forward of that date;
  • (b) may specify circumstances in which an employee may work for his employer during an additional adoption leave period without bringing the period to an end.
  • (3A) Provision under subsection (3)(a) is to secure that an employee may bring forward the date on which an additional adoption leave period ends only if the employee or another person has taken, or is taking, prescribed steps as regards leave under section 75G or statutory shared parental pay in respect of the child.
  • (4) Subject to section 75C, an employee who exercises his right under subsection (1)—
  • (a) is entitled, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if he had not been absent,
  • (b) is bound, for such purposes and to such extent as may be prescribed, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1)), and
  • (c) is entitled to return from leave to a job of a prescribed kind.
  • (5) In subsection (4)(a) “ terms and conditions of employment ”—
  • (a) includes matters connected with an employee’s employment whether or not they arise under his contract of employment, but
  • (b) does not include terms and conditions about remuneration.
  • (6) In subsection (4)(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to additional adoption leave and partly to—
  • (a) maternity leave, or
  • (b) ordinary adoption leave,

or to both.

  • (7) The Secretary of State may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this section.
  • (8) The Secretary of State may make regulations making provision, in relation to the right to return under subsection (4)(c), about—
  • (a) seniority, pension rights and similar rights;
  • (b) terms and conditions of employment on return.
  • (9) The Secretary of State may by regulations provide for this section to have effect, with such modifications as the regulations may prescribe, in relation to—
  • (a) cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order,
  • (b) cases which involve an employee who has applied, or intends to apply, for a parental order under section 54A of that Act and a child who is, or will be, the subject of the order.
75C
  • (1) Regulations under section 75A or 75B may make provision about—
  • (a) redundancy during, or after, an ordinary or additional adoption leave period, or
  • (b) dismissal (other than by reason of redundancy) during , or after, an ordinary or additional adoption leave period.
  • (2) Regulations made by virtue of subsection (1) may include—
  • (a) provision requiring an employer to offer alternative employment;
  • (b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10).
  • (3) Regulations under section 75A or 75B may make provision—
  • (a) for section 75A(3)(c) or 75B(4)(c) not to apply in specified cases, and
  • (b) about dismissal at the conclusion of an ordinary or additional adoption leave period.
75D
  • (1) Regulations under section 75A or 75B may—
  • (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers;
  • (b) make provision requiring employers or employees to keep records;
  • (c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;
  • (d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);
  • (e) make special provision for cases where an employee has a right which corresponds to a right under this Chapter and which arises under his contract of employment or otherwise;
  • (f) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work on ordinary or additional adoption leave;
  • (g) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to a person entitled to ordinary or additional adoption leave;
  • (h) make different provision for different cases or circumstances.
  • (1A) Where section 75A or 75B has effect in relation to such cases as are described in section 75A(8) or 75B(9), regulations under section 75A or 75B about evidence to be produced may require statutory declarations as to—
  • (a) eligibility to apply for a parental order under section 54 or 54A of the Human Fertilisation and Embryology Act 2008;
  • (b) intention to apply for such an order.
  • (2) In sections 75A and 75B “ prescribed ” means prescribed by regulations made by the Secretary of State.

Chapter II — PARENTAL LEAVE

Contracts with guaranteed hours.

Chapter 3 — Paternity leave

Disclosures qualifying for protection.

80A
  • (1) The Secretary of State shall make regulations entitling an employee who satisfies specified conditions—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) as to relationship with a newborn, or expected, child, and
  • (c) as to relationship with the child’s mother,

to be absent from work on leave under this section for the purpose of caring for the child or supporting the mother.

  • (2) The regulations shall include provision for determining—
  • (a) the extent of an employee’s entitlement to leave under this section in respect of a child;
  • (b) when leave under this section may be taken.
  • (3) Provision under subsection (2)(a) shall secure that where an employee is entitled to leave under this section in respect of a child he is entitled to at least two weeks’ leave.
  • (4) Provision under subsection (2)(b) shall secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child’s birth.
  • (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) Regulations under subsection (1) may—
  • (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child or supporting the child’s mother;
  • (b) make provision excluding the right to be absent on leave under this section in respect of a child where more than one child is born as a result of the same pregnancy;
  • (c) make provision about how leave under this section may be taken.
  • (6) Where more than one child is born as a result of the same pregnancy, the reference in subsection (4) to the date of the child’s birth shall be read as a reference to the date of birth of the first child born as a result of the pregnancy.
  • (6A) In relation to cases where a child’s mother dies, this section has effect as if—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) after subsection (1) there were inserted—

(1A) But in a case where both the child and the mother die, the regulations may provide that an employee who satisfies those conditions is entitled to leave under this section despite the fact that the leave cannot be taken for that purpose.

;

  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (7) In this section—
  • “newborn child” includes a child stillborn after twenty-four weeks of pregnancy;
  • “week” means any period of seven days.
80AA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80B
  • (1) The Secretary of State shall make regulations entitling an employee who satisfies specified conditions—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) as to relationship with a child placed, or expected to be placed, for adoption under the law of any part of the United Kingdom, and
  • (c) as to relationship with a person with whom the child is, or is expected to be, so placed for adoption,

to be absent from work on leave under this section for the purpose of caring for the child or supporting the person by reference to whom he satisfies the condition under paragraph (c).

  • (2) The regulations shall include provision for determining—
  • (a) the extent of an employee’s entitlement to leave under this section in respect of a child;
  • (b) when leave under this section may be taken.
  • (3) Provision under subsection (2)(a) shall secure that where an employee is entitled to leave under this section in respect of a child he is entitled to at least two weeks’ leave.
  • (4) Provision under subsection (2)(b) shall secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child’s placement for adoption.
  • (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) Regulations under subsection (1) may—
  • (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child or supporting a person with whom a child is placed for adoption;
  • (aa) make provision excluding the right to be absent on leave under this section in the case of an employee who, by virtue of provision under subsection (6A), has already exercised a right to be absent on leave under this section in connection with the same child;
  • (b) make provision excluding the right to be absent on leave under this section in the case of an employee who exercises a right to be absent from work on adoption leave;
  • (ba) make provision excluding the right to be absent on leave under this section in the case of an employee who has exercised a right to take time off under section 57ZJ;
  • (c) make provision excluding the right to be absent on leave under this section in respect of a child where more than one child is placed for adoption as part of the same arrangement;
  • (d) make provision about how leave under this section may be taken.
  • (6) Where more than one child is placed for adoption as part of the same arrangement, the reference in subsection (4) to the date of the child’s placement shall be read as a reference to the date of placement of the first child to be placed as part of the arrangement.
  • (6A) Regulations under subsection (1) shall include provision for leave in respect of a child placed, or expected to be placed—
  • (a) under section 22C of the Children Act 1989 by a local authority in England, or
  • (b) under section 81 of the Social Services and Well-being (Wales) Act 2014 by a local authority in Wales,

with a local authority foster parent who has been approved as a prospective adopter.

  • (6B) This section has effect in relation to regulations made by virtue of subsection (6A) as if—
  • (a) references to being placed for adoption were references to being placed under section 22C of the Children Act 1989 , or section 81 of the Social Services and Well-being (Wales) Act 2014 with a local authority foster parent who has been approved as a prospective adopter;
  • (b) references to placement for adoption were references to placement under section 22C of the Children Act 1989, or section 81 of the Social Services and Well-being (Wales) Act 2014 with such a person;
  • (c) paragraph (aa) of subsection (5) were omitted.
  • (6C) In relation to cases where a person with whom a child is placed or expected to be placed for adoption dies, this section has effect as if—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) after subsection (1) there were inserted—

(1A) But in a case where that person dies and the child— (a) dies, or (b) is, having been placed for adoption, returned, the regulations may provide that an employee who satisfies those conditions is entitled to leave under this section despite the fact that the leave cannot be taken for that purpose.

;

  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (7) In this section, “week” means any period of seven days.
  • (8) The Secretary of State may by regulations provide for this section to have effect in relation to cases which involve adoption, but not the placement of a child for adoption under the law of any part of the United Kingdom, with such modifications as the regulations may prescribe.
  • (9) The Secretary of State may by regulations provide for this section to have effect in relation to cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, with such modifications as the regulations may prescribe.
80BB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80C
  • (1) Regulations under section 80A ... shall provide—
  • (a) that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied if he had not been absent;
  • (b) that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and
  • (c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80D(1).
  • (2) The reference in subsection (1)(c) to absence on leave under section 80A ... includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—
  • (za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (a) maternity leave,
  • (b) adoption leave, ...
  • (ba) shared parental leave,
  • (bb) parental bereavement leave,
  • (bc) neonatal care leave, and
  • (c) parental leave.
  • (3) Subsection (1) shall apply to regulations under section 80B ... as it applies to regulations under section 80A ....
  • (4) In the application of subsection (1)(c) to regulations under section 80B ..., the reference to absence on leave under that section includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—
  • (za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (a) maternity leave,
  • (b) adoption leave,
  • (ba) shared parental leave,
  • (bb) parental bereavement leave,
  • (bc) neonatal care leave,
  • (c) parental leave, and
  • (d) leave under section 80A ....
  • (5) In subsection (1)(a), “ terms and conditions of employment ”—
  • (a) includes matters connected with an employee’s employment whether or not they arise under his contract of employment, but
  • (b) does not include terms and conditions about remuneration.
  • (6) Regulations under section 80A or 80B may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.
  • (7) Regulations under section 80A or 80B may make provision, in relation to the right to return mentioned in subsection (1)(c), about—
  • (a) seniority, pension rights and similar rights;
  • (b) terms and conditions of employment on return.
80D
  • (1) Regulations under section 80A or 80B may make provision about—
  • (a) redundancy, or
  • (b) dismissal (other than by reason of redundancy),

during a period of leave under that section.

  • (1A) Regulations under section 80A or 80B may—
  • (a) make provision specifying circumstances in which a bereaved employee may work for the employer during a period of leave under that section without bringing the particular period of leave, or the employee’s entitlement to leave under that section, to an end;
  • (b) make provision about redundancy of a bereaved employee , or dismissal of a bereaved employee (other than by reason of redundancy), after a period of leave under that section.
  • (2) Provision by virtue of subsection (1) or (1A)(b) may include—
  • (a) provision requiring an employer to offer alternative employment;
  • (b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10).
  • (3) In subsection (1A), “bereaved employee” means an employee who—
  • (a) takes leave under section 80A in a case where the child’s mother dies, or
  • (b) takes leave under section 80B in a case where the relevant person dies.

In paragraph (b) “the relevant person” means the person by reference to whom the employee satisfied the conditions specified by virtue of subsection (1)(c) of that section so as to entitle the employee to that leave..

80E
  • (1) Regulations under section 80A or 80B may—
  • (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers;
  • (b) make provision requiring employers or employees to keep records;
  • (c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;
  • (d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);
  • (e) make special provision for cases where an employee has a right which corresponds to a right under section 80A or 80B and which arises under his contract of employment or otherwise;
  • (f) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work on leave under section 80A or 80B;
  • (g) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 80A or 80B;
  • (h) make different provision for different cases or circumstances.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to time off for pension scheme trustees.

Entitlement to ordinarypaternity leave: birth

Circumstances in which an employee is dismissed.

Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.

Disclosure to prescribed person.

Right to payment for time off under section 58.

Disclosure to Minister of the Crown.

Entitlement to additional paternity leave: birth

Basic award of two weeks’ pay in certain cases.

Remedies

Circumstances in which an employee is dismissed.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Study and training

Effective date of termination.

Statutory right to request contract variation

Disclosure to prescribed person.

Replacements.

Upper age limit.

Disclosure to Minister of the Crown.

Disclosure in other cases.

Remedies

Right to time off for ante-natal care.

Contractual requirements relating to Sunday work.

Right to time off for employee representatives.

Disclosures qualifying for protection.

Disclosure to employer or other responsible person.

Complaints to employment tribunals.

Disclosure in other cases.

Contractual duties of confidentiality.

Chapter 3: supplemental

Statutory right to request contract variation

Death of employer: lay-off and short-time.

Disclosure of exceptionally serious failure.

Statutory right to make request in relation to study or training

Tax credits

Disclosure in other cases.

Basic award of two weeks’ pay in certain cases.

Application to police.

Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.

Disclosure to prescribed person.

Death of employee.

Disclosure to employer or other responsible person.

Right to remuneration for time off under section 55.

Application to police.

Summary dismissal.

Disclosure of exceptionally serious failure.

Disclosure to employer or other responsible person.

Law governing employment.

Introductory.

Replacements.

Protected shop workers and betting workers.

Exemption orders.

Right to time off for young person for study or training.

Disclosures qualifying for protection.

Complaint to employment tribunal.

Employee’s rights on insolvency of employer.

Extension of meaning of “worker” etc. for Part IVA.

Right to time off for ante-natal care (agency workers)

Leave for family and domestic reasons.

Disclosure to employer or other responsible person.

Law governing employment.

Leave for family reasons.

Employee’s rights on insolvency of employer.

Additional maternity leave.

Period of continuous employment.

Extension of meaning of “worker” etc. for Part IVA.

Complaints to employment tribunals: agency workers

Remedies

Disclosure in other cases.

Introductory.

Complaints to employment tribunal.

Shop workers and betting workers who refuse Sunday work.

Law governing employment.

Leave for family reasons.

Statutory right to make request in relation to study or training

Introductory.

Basic award of two weeks’ pay in certain cases.

Leave for family reasons.

The right.

Financial provisions.

Remedies.

Period of continuous employment.

Health and safety cases.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remedies.

Orders and regulations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional adoption leave

Complaints to employment tribunals: agency workers

Ordinary adoption leave

Supplemental.

Application to police.

Health and safety cases.

Remedies.

Complaints to employment tribunals.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes:

Reinstatement or re-engagement of dismissed employee.

Normal working hours.

Right to time off to look for work or arrange training.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entitlement to shared parental leave: birth

Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.

Summary dismissal.

Death of employer: lay-off and short-time.

References to employment tribunals.

Employee’s rights on insolvency of employer.

Introductory.

Basic award: reductions.

Normal working hours.

Complaints to employment tribunal.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes:

Redundancy.

Complaints to employment tribunal.

The orders.

Right to time off for employee representatives.

Right to time off for young person for study or training.

Death of employee.

Special cases

Insolvency.

Remedy for infringement of certain rights.

Dismissal procedures agreements.

Other definitions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes:

104D
  • (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that—
  • (a) any action was taken, or was proposed to be taken, with a view to enforcing in favour of the employee a requirement to which this section applies;
  • (b) the employer was prosecuted for an offence under section 45 of the Pensions Act 2008 as a result of action taken for the purpose of enforcing in favour of the employee a requirement to which this section applies; or
  • (c) any provision of Chapter 1 of that Part of that Act applies to the employee, or will or might apply.
  • (2) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above—
  • (a) whether or not the requirement applies in favour of the employee, or
  • (b) whether or not the requirement has been contravened,

but, for that subsection to apply, the claim that the requirement applies and, if applicable, the claim that it has been contravened must be made in good faith.

  • (3) This section applies to any requirement imposed on the employer by or under any provision of Chapter 1 of Part 1 of the Pensions Act 2008.
  • (4) In this section references to enforcing a requirement include references to securing its benefit in any way.

Remedies

The right.

The orders.

Basic award of two weeks’ pay in certain cases.

Health and safety cases.

Leave for family and domestic reasons.

Sunday working for shop and betting workers.

The remedies: orders and compensation.

Trustees of occupational pension schemes.

Employee’s rights on insolvency of employer.

Right to time off for public duties.

Right to time off for public duties.

Remedies

Orders and regulations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order for reinstatement.

Application to police.

The right.

Health and safety cases.

Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.

Employee’s rights on insolvency of employer.

Law governing employment.

Leave for family and domestic reasons.

Remedies.

Entitlement to parental leave.

Supplemental.

Leave for family and domestic reasons.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to time off for young person in Wales or Scotland for study or training.

Employer’s duties in relation to application under section 80F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Replacements.

Upper age limit.

Complaints to employment tribunal.

Trustees of occupational pension schemes.

Application to police.

Other interpretative provisions.

Tax credits

Right to time off for public duties.

Right to time off for pension scheme trustees.

Right to time off for employee representatives.

Law governing employment.

Right to time off for ante-natal care.

Reinstatement or re-engagement of dismissed employee.

Complaints to employment tribunals.

Right to time off to look for work or arrange training.

Orders and regulations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entitlement to parental leave.

Right to time off for ante-natal care.

Right to time off for ante-natal care (agency workers)

Time off for dependants.

Right to time off for pension scheme trustees.

Statutory right to make request in relation to study or training

Remedies

Exclusions from right to remuneration.

Complaints to employment tribunals: agency workers

Compulsory maternity leave.

Ordinary adoption leave

Entitlement to parental leave.

Supplemental.

Entitlement to ordinarypaternity leave: birth

Statutory right to request contract variation

Remedies.

Remedies

The right.

Leave for family reasons.

Health and safety cases.

Right to time off for ante-natal care (agency workers)

Leave for family and domestic reasons.

Complaints to employment tribunal.

Complaint to employment tribunal.

Jury service

Ordinary adoption leave

Entitlement to parental leave.

Making of payments.

Supplementary

References to employment tribunals.

Trustees of occupational pension schemes.

Chapter 3: supplemental

Introductory.

Reinstatement or re-engagement of dismissed employee.

Complaints to employment tribunals.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes:

Remedies.

Right to time off for ante-natal care.

Leave for family and domestic reasons.

Tax credits

Right to time off for employee representatives.

Other interpretative provisions.

Complaints to employment tribunals: agency workers

Right to time off for public duties.

Ordinary adoption leave

Health and safety cases.

Right to time off for ante-natal care (agency workers)

Right to time off to accompany to ante-natal appointment: agency workers

Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.

The right.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to time off for pension scheme trustees.

Working time cases.

Complaint to employment tribunal

Leave for family reasons.

Remedies.

Employee shareholder status

Application to police.

Regulations prohibiting discrimination because of protected disclosure

Death of employer: lay-off and short-time.

References to employment tribunals.

Employee’s rights on insolvency of employer.

Rights during and after shared parental leave

Regulations prohibiting discrimination because of protected disclosure

Reinstatement or re-engagement of dismissed employee.

Entitlement to additional paternity leave: birth

Normal working hours.

Complaint to employment tribunal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes:

Health and safety cases.

Remedies.

Right to time off to look for work or arrange training.

Right to time off for ante-natal care.

Health and safety cases.

Right to time off for young person in Wales or Scotland for study or training.

Right to remuneration for time off under section 63A.

Tax credits

Jury service

Health and safety cases.

Health and safety cases.

Ordinary adoption leave

Sunday working for shop and betting workers.

Working time cases.

Remedies

Complaints to employment tribunals: agency workers

Statutory right to request contract variation

Employer’s duties in relation to application under section 80F

Agency workers: supplementary

Protected disclosures.

Leave for family and domestic reasons.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Redundancy and dismissal.

Study and training

Remedies.

Remedies.

Complaint to employment tribunal

Complaint to employment tribunal: agency workers

Right to paid time off to attend adoption appointments: agency workers

Right to paid time off to attend adoption appointments

111A
  • (1) Evidence of pre-termination negotiations is inadmissible in any proceedings on a complaint under section 111.

This is subject to subsections (3) to (5).

  • (2) In subsection (1) “ pre-termination negotiations ” means any offer made or discussions held, before the termination of the employment in question, with a view to it being terminated on terms agreed between the employer and the employee.
  • (3) Subsection (1) does not apply where, according to the complainant's case, the circumstances are such that a provision (whenever made) contained in, or made under, this or any other Act requires the complainant to be regarded for the purposes of this Part as unfairly dismissed.
  • (4) In relation to anything said or done which in the tribunal's opinion was improper, or was connected with improper behaviour, subsection (1) applies only to the extent that the tribunal considers just.
  • (5) Subsection (1) does not affect the admissibility, on any question as to costs or expenses, of evidence relating to an offer made on the basis that the right to refer to it on any such question is reserved.

Right to remuneration for time off under section 57ZN

Complaint to employment tribunal: agency workers

Right to paid time off to attend adoption appointments: agency workers

The right.

Summary dismissal.

Dismissal procedures agreements.

Placement of looked after children with prospective adopters

Basic award: reductions.

Law governing employment.

Introductory.

Reinstatement or re-engagement of dismissed employee.

Complaint to employment tribunal.

Right to time off for pension scheme trustees.

Right to time off for employee representatives.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes:

Jury service

Leave for family and domestic reasons.

47G
  • (1) An employee has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground that the employee refused to accept an offer by the employer for the employee to become an employee shareholder (within the meaning of section 205A).
  • (2) This section does not apply if the detriment in question amounts to dismissal within the meaning of Part 10.

Complaints to employment tribunals.

Right to time off to look for work or arrange training.

Right to time off for ante-natal care (agency workers)

Time off for dependants.

Trustees of occupational pension schemes.

Right to time off for employee representatives.

Right to time off for young person in Wales or Scotland for study or training.

Statutory right to make request in relation to study or training

Exclusions from right to remuneration.

Compulsory maternity leave.

Right to time off for ante-natal care.

Complaints to employment tribunals.

Statutory right to request contract variation

Additional adoption leave

Remedies

Leave for family and domestic reasons.

Leave for family reasons.

Health and safety cases.

Remedies.

Entitlement to parental leave.

104G

An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee refused to accept an offer by the employer for the employee to become an employee shareholder (within the meaning of section 205A).

Replacements.

Upper age limit.

Right to remuneration for time off under section 63A.

Right to remuneration for time off under section 57ZN

Additional adoption leave

Placement of looked after children with prospective adopters

Application to police.

Death of employer: lay-off and short-time.

References to employment tribunals.

The national minimum wage.

Employee shareholder status

205A

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