Employment Rights Act 1996

• (f) specify circumstances in which an employee may be absent on leave under section 75G otherwise than for the purpose of caring for a child without bringing the person's entitlement to leave under section 75G to an end.

• (15) In this section “ week ” means any period of seven days.

• (16) The Secretary of State may by regulations provide that the following do not have effect, or have effect with modifications specified by the regulations, in a case where a person who is taking adoption leave or is entitled to be paid statutory adoption pay in respect of a child dies before another person has become entitled to leave under section 75G in respect of the child—

• (a) section 75G(4)(b), (c) and (e);

• (b) section 75G(5);

• (c) section 75G(6)(c);

• (d) subsection (12)(c);

• (e) subsection (13)(c) and (d).

• (17) The Secretary of State may by regulations provide for section 75G and 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.

• (18) The Secretary of State may by regulations provide for section 75G and 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.

75I

• (1) Regulations under section 75E or 75G are to 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 the employee 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 section 75E(1) or (4) or 75G(1) or (4), as the case may be; 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 the regulations, subject to section 75J(1).

• (2) In subsection (1)(a) “terms and conditions of employment”—

• (a) includes matters connected with an employee's employment whether or not they arise under the employee's contract of employment, but

• (b) does not include terms and conditions about remuneration.

• (3) The reference in subsection (1)(c) to absence on leave under section 75E or 75G includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under one of those sections and partly to any one or more of the following—

• (a) leave under the other of those sections,

• (b) maternity leave,

• (c) paternity leave,

• (d) adoption leave, ...

• (e) parental leave, ...

• (f) parental bereavement leave. , and

• (g) neonatal care leave.

• (4) Regulations under section 75E or 75G may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.

• (5) Regulations under section 75E or 75G 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.

75J

• (1) Regulations under section 75E or 75G may make provision about—

• (a) redundancy during, or after, a period of leave under that section, or

• (b) dismissal (other than by reason of redundancy) during , or after, a period of leave under that section.

• (2) Provision 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).

75K

• (1) Regulations under section 75E or 75G may—

• (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by—

• (i) employees,

• (ii) employers, and

• (iii) relevant persons;

• (b) make provision requiring such persons 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 75E or 75G and which arises under the employee's 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 75E or 75G;

• (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 75E or 75G.

• (2) In subsection (1) “ relevant person ” means—

• (a) a person who, in connection with an employee's claim to be entitled to leave under section 75E or 75G, is required to satisfy conditions specified in provision under section 75E(2) or (5) or 75G(2) or (5), or

• (b) a person who is an employer or former employer of such a person.

• (3) In subsection (2)(b) “ employer ”, in relation to a person falling within subsection (2)(a) who is an employed earner, includes a person who is a secondary contributor as regards that employed earner.

• (4) The conditions as to employment or self-employment that may be specified in provision under section 75E(2) or (5) or 75G(2) or (5) include conditions as to being in employed or self-employed earner's employment.

• (5) In subsections (3) and (4)—

• “employed earner” and “self-employed earner” have the meaning given by section 2 of the Social Security Contributions and Benefits Act 1992, subject for these purposes to the effect of regulations made under section 2(2)(b) of that Act (persons who are to be treated as employed or self-employed earners);

• “employment”, in the case of employment as an employed or self-employed earner, has the meaning given by section 122 of that Act;

• “secondary contributor”, as regards an employed earner, means a person who—is indicated by section 7(1) of that Act, as that subsection has effect subject to section 7(2) of that Act, as being a secondary contributor as regards the earner, oris indicated by regulations under section 7(2) of that Act as being a person to be treated as a secondary contributor as regards the earner.

• (6) Regulations under any of sections 75E to 75H may make different provision for different cases or circumstances.

• (7) Where sections 75G and 75H have effect in relation to such cases as are described in section 75H(18), regulations under section 75G about evidence to be produced may require statutory declarations as to—

• (a) eligibility to apply for a parental order;

• (b) intention to apply for such an order.

Agency workers: supplementary

Application to police of section 44 and related provisions.

Regulations prohibiting discrimination because of protected disclosure

Right to paid time off to attend adoption appointments

Placement of looked after children with prospective adopters

Complaint to employment tribunal

Agency workers: supplementary

Redundancy and dismissal

Assertion of statutory right.

Right to time off for pension scheme trustees.

Pressure on employer to dismiss unfairly.

Complaints to employment tribunal.

Right to remuneration for time off under section 63A.

Order for reinstatement.

Basic award: reductions.

Compulsory maternity leave.

Renewal of contract or re-engagement.

Amount of payments.

Death of employee.

Old statutory compensation schemes.

Insolvency.

Remedy for infringement of certain rights.

Complaints to employment tribunal.

Section 63D application: supplementary

Employee's duties in relation to agreed study or training

Additional maternity leave.

General.

Ordinary adoption leave

Other definitions.

Financial provisions.

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

Notes:

Accompanying to ante-natal appointments

57ZE

• (1) An employee who has a qualifying relationship with a pregnant woman or her expected child is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may accompany the woman when she attends by appointment at any place for the purpose of receiving ante-natal care.

• (2) In relation to any particular pregnancy, an employee is not entitled to take time off for the purpose specified in subsection (1) on more than two occasions.

• (3) On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.

• (4) An employee is not entitled to take time off for the purpose specified in subsection (1) unless the appointment is made on the advice of a registered medical practitioner, registered midwife or registered nurse.

• (5) Where the employer requests the employee to give the employer a declaration signed by the employee, the employee is not entitled to take time off for the purpose specified in subsection (1) unless the employee gives that declaration (which may be given in electronic form).

• (6) The employee must state in the declaration—

• (a) that the employee has a qualifying relationship with a pregnant woman or her expected child,

• (b) that the employee's purpose in taking time off is the purpose specified in subsection (1),

• (c) that the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered nurse, and

• (d) the date and time of the appointment.

• (7) A person has a qualifying relationship with a pregnant woman or her expected child if—

• (a) the person is the husband or civil partner of the pregnant woman,

• (b) the person, being of a different sex or the same sex, lives with the woman in an enduring family relationship but is not a relative of the woman,

• (c) the person is the father of the expected child,

• (d) the person is a parent of the expected child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, ...

• (e) the person is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the expected child, or

• (f) the person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of the expected child.

• (8) For the purposes of subsection (7) a relative of a person is the person's parent, grandparent, sister, brother, aunt or uncle.

• (9) The references to relationships in subsection (8)—

• (a) are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and

• (b) include the relationship of a child with the child's adoptive, or former adoptive, parents,

but do not include any other adoptive relationships.

• (10) For the purposes of subsection (7)(e) a person (“A”) is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—

• (a) A intends to apply, jointly with another person (“B”), for such an order in respect of the expected child within the time allowed by section 54(3),

• (b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54(1)(a),

• (c) the requirement in section 54(1)(b) is satisfied by reference to A or B,

• (d) A and B would satisfy section 54(2) if they made an application under section 54 at the time that A seeks to exercise the right under this section, and

• (e) A expects that A and B will satisfy the conditions in section 54(2), (4), (5) and (8) as regards the intended application.

• (10A) For the purposes of subsection (7)(f) a person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—

• (a) the person intends to apply for such an order in respect of the expected child within the time allowed by section 54A(2),

• (b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54A(1)(a),

• (c) the requirement in section 54A(1)(b) is satisfied by reference to the person, and

• (d) the person expects that he or she will satisfy the conditions in section 54A(3), (4) and (7) as regards the intended application.

• (11) The references in this section to a registered nurse are references to a registered nurse—

• (a) who is also registered in the Specialist Community Public Health Nurses Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001 ( S.I. 2002/253), and

• (b) whose entry in that Part of the register is annotated to show that the nurse holds a qualification in health visiting.

• (12) For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.

57ZF

• (1) An employee may present a complaint to an employment tribunal that his or her employer has unreasonably refused to let him or her take time off as required by section 57ZE.

• (2) An employment tribunal may not consider a complaint under this section unless it is presented—

• (a) before the end of the period of three months beginning with the day of the appointment in question, or

• (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

• (3) Section 207B applies for the purposes of subsection (2)(a).

• (4) Where an employment tribunal finds a complaint under subsection (1) well-founded, it—

• (a) must make a declaration to that effect, and

• (b) must order the employer to pay to the employee an amount determined in accordance with subsection (5).

• (5) The amount payable to the employee is—

$$A × B × 2$where—A is the appropriate hourly rate for the employee, andB is the number of working hours for which the employee would have been entitled under section 57ZE to be absent if the time off had not been refused.$

• (6) The appropriate hourly rate, in relation to an employee, is the amount of one week's pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off would have been taken.

• (7) But where the number of normal working hours differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by—

• (a) the average number of normal working hours calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off would have been taken, or

• (b) where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (8) as are appropriate in the circumstances.

• (8) The considerations referred to in subsection (7)(b) are—

• (a) the average number of normal working hours in a week which the employee could expect in accordance with the terms of the employee's contract, and

• (b) the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.

Accompanying to ante-natal appointments: agency workers

57ZG

• (1) An agency worker who has a qualifying relationship with a pregnant woman or her expected child is entitled to be permitted, by the temporary work agency and the hirer, to take time off during the agency worker's working hours in order that he or she may accompany the woman when she attends by appointment at any place for the purpose of receiving ante-natal care.

• (2) In relation to any particular pregnancy, an agency worker is not entitled to take time off for the purpose specified in subsection (1) on more than two occasions.

• (3) On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours.

• (4) An agency worker is not entitled to take time off for the purpose specified in subsection (1) unless the appointment is made on the advice of a registered medical practitioner, registered midwife or registered nurse.

• (5) Where the temporary work agency or the hirer requests the agency worker to give that person a declaration signed by the agency worker, the agency worker is not entitled to take time off for the purpose specified in subsection (1) unless the agency worker gives that declaration (which may be given in electronic form).

• (6) The agency worker must state in the declaration—

• (a) that the agency worker has a qualifying relationship with a pregnant woman or her expected child,

• (b) that the agency worker's purpose in taking time off is the purpose specified in subsection (1),

• (c) that the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered nurse, and

• (d) the date and time of the appointment.

• (7) A person has a qualifying relationship with a pregnant woman or her expected child if—

• (a) the person is the husband or civil partner of the pregnant woman,

• (b) the person, being of a different sex or the same sex, lives with the woman in an enduring family relationship but is not a relative of the woman,

• (c) the person is the father of the expected child,

• (d) the person is a parent of the expected child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, ...

• (e) the person is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the expected child, or

• (f) the person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of the expected child.

• (8) For the purposes of subsection (7) a relative of a person is the person's parent, grandparent, sister, brother, aunt or uncle.

• (9) The references to relationships in subsection (8)—

• (a) are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and

• (b) include the relationship of a child with the child's adoptive, or former adoptive, parents,

but do not include any other adoptive relationships.

• (10) For the purposes of subsection (7)(e) a person (“A”) is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—

• (a) A intends to apply, jointly with another person (“B”), for such an order in respect of the expected child within the time allowed by section 54(3),

• (b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54(1)(a),

• (c) the requirement in section 54(1)(b) is satisfied by reference to A or B,

• (d) A and B would satisfy section 54(2) if they made an application under section 54 at the time that A seeks to exercise the right under this section, and

• (e) A expects that A and B will satisfy the conditions in section 54(2), (4), (5) and (8) as regards the intended application.

• (10A) For the purposes of subsection (7)(f) a person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—

• (a) the person intends to apply for such an order in respect of the expected child within the time allowed by section 54A(2),

• (b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54A(1)(a),

• (c) the requirement in section 54A(1)(b) is satisfied by reference to the person, and

• (d) the person expects that he or she will satisfy the conditions in section 54A(3), (4) and (7) as regards the intended application.

• (11) The references in this section to a registered nurse are references to a registered nurse—

• (a) who is also registered in the Specialist Community Public Health Nurses Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001 ( S.I. 2002/253), and

• (b) whose entry in that Part of the register is annotated to show that the nurse holds a qualification in health visiting.

• (12) For the purposes of this section the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.

57ZH

• (1) An agency worker may present a complaint to an employment tribunal that the temporary work agency has unreasonably refused to let him or her take time off as required by section 57ZG.

• (2) An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to let him or her take time off as required by section 57ZG.

• (3) An employment tribunal may not consider a complaint under subsection (1) or (2) unless it is presented—

• (a) before the end of the period of three months beginning with the day of the appointment in question, or

• (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

• (4) Section 207B applies for the purposes of subsection (3)(a).

• (5) Where an employment tribunal finds a complaint under subsection (1) or (2) well-founded, it—

• (a) must make a declaration to that effect, and

• (b) must order the payment to the agency worker of an amount determined in accordance with subsection (7).

• (6) Where the tribunal orders that payment under subsection (5) be made by the temporary work agency and the hirer, the proportion of that amount payable by each respondent is to be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates.

• (7) The amount payable to the agency worker is—

$$A × B × 2$where—A is the appropriate hourly rate for the agency worker, andB is the number of working hours for which the agency worker would have been entitled under section 57ZG to be absent if the time off had not been refused.$

• (8) The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off would have been taken.

• (9) But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off would have been taken.

Agency workers: supplementary

57ZI

• (1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law, sections 57ZG and 57ZH do not apply where the agency worker—

• (a) has not completed the qualifying period, or

• (b) pursuant to regulation 8(a) or (b) of the Agency Workers Regulations 2010 ( S.I. 2010/93), is no longer entitled to the rights conferred by regulation 5 of those Regulations.

• (2) Nothing in sections 57ZG and 57ZH imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration, of the assignment, whichever is the longer.

• (3) Sections 57ZG and 57ZH do not apply where sections 57ZE and 57ZF apply.

• (4) In this section and sections 57ZG and 57ZH the following have the same meaning as in the Agency Workers Regulations 2010—

• “agency worker”;

• “assignment”;

• “hirer”;

• “qualifying period”;

• “temporary work agency”.

Protected disclosures.

Complaint to employment tribunal.

Jury service

Tax credits

Right to time off for ante-natal care.

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

Complaint to employment tribunal

Agency workers: supplementary

Statutory right to request contract variation

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

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

The right.

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

Leave for family reasons.

Right to remuneration for time off under section 61.

Trustees of occupational pension schemes.

Right to remuneration for time off under section 61.

Complaints to employment tribunals.

Replacements.

Upper age limit.

Complaints to employment tribunal.

Confidentiality of negotiations before termination of employment

Complaints to employment tribunals.

Right to remuneration for time off under section 63A.

Application to police.

Statutory right to make request in relation to study or training

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

Complaints to employment tribunals: agency workers

Additional maternity leave.

National security.

Law governing employment.

Institution or continuance of tribunal proceedings.

Entitlement to leave under section 75E: further provision

Entitlement to shared parental leave: adoption

Reinstatement or re-engagement of dismissed employee.

Introductory.

Rights during and after parental leave.

Special cases.

Entitlement to additional paternity leave: birth

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

Normal retirement age below 65: dismissal at or after retirement age

Other interpretative provisions.

Remedies.

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

Agency workers: supplementary

Time off for dependants.

Study and training

Complaints to employment tribunals.

Entitlement to leave under section 75G: further provision

Regulations prohibiting discrimination because of protected disclosure

Complaints to employment tribunals.

Complaint to employment tribunal: agency workers

Statutory right to request contract variation

Complaint to employment tribunal.

The right.

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

Complaints to employment tribunals.

The national minimum wage.

Right to remuneration for time off under section 61.

Employee shareholder status

Replacements.

Upper age limit.

Confidentiality of negotiations before termination of employment

Statutory right to make request in relation to study or training

Basic award of two weeks’ pay in certain cases.

Application to police.

Exclusions from right to remuneration.

Making of payments.

Redundancy and dismissal.

Sections 71 to 73: supplemental.

National security.

Law governing employment.

Institution or continuance of tribunal proceedings.

Entitlement to leave under section 75G: further provision

Reinstatement or re-engagement of dismissed employee.

Entitlement to additional paternity leave: adoption

Associated employers.

Supplemental.

Rights during and after paternity leave

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

Health and safety cases.

Application of this Part and related provisions to police

Tax credits

Remedies.

Application to police of section 44 and related provisions.

Other interpretative provisions.

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

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

Trustees of occupational pension schemes.

Trustees of occupational pension schemes.

Adoption appointments

57ZJ

• (1) An employee who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee alone is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.

• (2) An employee who—

• (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee and another person jointly, and

• (b) has elected to exercise the right to take time off under this section in connection with the adoption,

is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.

• (3) An employee may not make an election for the purposes of subsection (2)(b) if—

• (a) the employee has made an election for the purposes of section 57ZL(1)(b) in connection with the adoption, or

• (b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (2)(b) or section 57ZN(2)(b) in connection with the adoption.

• (4) An employee is not entitled to take time off under this section on or after the date of the child's placement for adoption with the employee.

• (5) In relation to any particular adoption, an employee is not entitled to take time off under this section on more than five occasions.

• (6) On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.

• (7) An employee is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1) or (2)(a).

• (8) An employee is not entitled to take time off under subsection (1) unless, if the employer requests it, the employee gives the employer a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).

• (9) An employee is not entitled to take time off under subsection (2) unless, if the employer requests it, the employee gives the employer—

• (a) a declaration signed by the employee stating that the employee has made an election for the purposes of subsection (2)(b) in connection with the adoption, and

• (b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).

• (10) A document or declaration requested under subsection (8) or (9) may be given in electronic form.

• (11) In cases where more than one child is to be, or is expected to be, placed for adoption with an employee as part of the same arrangement, this section has effect as if—

• (a) the purposes specified in subsections (1) and (2) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;

• (b) the references in subsections (2)(b) and (9)(a) to the adoption were references to all of the adoptions that are part of the arrangement;

• (c) the references in subsection (3) to the adoption were references to any of the adoptions that are part of the arrangement;

• (d) the reference in subsection (4) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;

• (e) the reference in subsection (5) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.

• (12) For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.

• (13) In this section “ adoption agency ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.

57ZK

• (1) An employee who is permitted to take time off under section 57ZJ is entitled to be paid remuneration by his or her employer for the number of working hours for which the employee is entitled to be absent at the appropriate hourly rate.

• (2) The appropriate hourly rate, in relation to an employee, is the amount of one week's pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off is taken.

• (3) But where the number of normal working hours differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by—

• (a) the average number of normal working hours calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken, or

• (b) where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (4) as are appropriate in the circumstances.

• (4) The considerations referred to in subsection (3)(b) are—

• (a) the average number of normal working hours in a week which the employee could expect in accordance with the terms of the employee's contract, and

• (b) the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.

• (5) A right to any amount under subsection (1) does not affect any right of an employee in relation to remuneration under the employee's contract of employment (“contractual remuneration”).

• (6) Any contractual remuneration paid to an employee in respect of a period of time off under section 57ZJ goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period.

• (7) Any payment of remuneration under subsection (1) in respect of a period of time off under section 57ZJ goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.

57ZL

• (1) An employee who—

• (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee and another person jointly, and

• (b) has elected to exercise the right to take time off under this section in connection with the adoption,

is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.

• (2) An employee may not make an election for the purposes of subsection (1)(b) if—

• (a) the employee has made an election for the purposes of section 57ZJ(2)(b) in connection with the adoption, or

• (b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (1)(b) or section 57ZP(1)(b) in connection with the adoption.

• (3) An employee is not entitled to take time off under this section on or after the date of the child's placement for adoption with the employee.

• (4) In relation to any particular adoption, an employee is not entitled to take time off under this section on more than two occasions.

• (5) On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.

• (6) An employee is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1)(a).

• (7) An employee is not entitled to take time off under this section unless, if the employer requests it, the employee gives the employer—

• (a) a declaration signed by the employee stating that the employee has made an election for the purposes of subsection (1)(b) in connection with the adoption, and

• (b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (6).

• (8) A declaration or document requested under subsection (7) may be given in electronic form.

• (9) In cases where more than one child is to be, or is expected to be, placed for adoption with an employee and another person jointly as part of the same arrangement, this section has effect as if—

• (a) the purposes specified in subsection (1) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;

• (b) the references in subsections (1)(b) and (7)(a) to the adoption were references to all of the adoptions that are part of the arrangement;

• (c) the references in subsection (2) to the adoption were references to any of the adoptions that are part of the arrangement;

• (d) the reference in subsection (3) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;

• (e) the reference in subsection (4) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.

• (10) For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.

• (11) In this section “ adoption agency ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.

57ZM

• (1) An employee may present a complaint to an employment tribunal that his or her employer—

• (a) has unreasonably refused to let him or her take time off as required by section 57ZJ or 57ZL, or

• (b) has failed to pay the whole or any part of any amount to which the employee is entitled under section 57ZK.

• (2) An employment tribunal may not consider a complaint under this section unless it is presented—

• (a) before the end of the period of three months beginning with the day of the appointment in question, or

• (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

• (3) Section 207B applies for the purposes of subsection (2)(a).

• (4) Where an employment tribunal finds a complaint under subsection (1) well-founded, it must make a declaration to that effect.

• (5) If the complaint is that the employer has unreasonably refused to let the employee take time off as required by section 57ZJ, the tribunal must also order the employer to pay to the employee an amount that is twice the amount of the remuneration to which the employee would have been entitled under section 57ZK if the employer had not refused.

• (6) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which the employee is entitled under section 57ZK, the tribunal must also order the employer to pay to the employee the amount which it finds due to the employee.

• (7) If the complaint is that the employer has unreasonably refused to let the employee take time off as required by section 57ZL, the tribunal must also order the employer to pay to the employee an amount determined in accordance with subsection (8).

• (8) The amount payable to the employee is—

$$A × B× 2$where—A is the appropriate hourly rate for the employee determined in accordance with section 57ZK(2) to (4), andB is the number of working hours for which the employee would have been entitled under section 57ZL to be absent if the time off had not been refused.$

Adoption appointments: agency workers

57ZN

• (1) An agency worker who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker alone is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.

• (2) An agency worker who—

• (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker and another person jointly, and

• (b) has elected to exercise the right to take time off under this section in connection with the adoption,

is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.

• (3) An agency worker may not make an election for the purposes of subsection (2)(b) if—

• (a) the agency worker has made an election for the purposes of section 57ZP(1)(b) in connection with the adoption, or

• (b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (2)(b) or section 57ZJ(2)(b) in connection with the adoption.

• (4) An agency worker is not entitled to take time off under this section on or after the date of the child's placement for adoption with the agency worker.

• (5) In relation to any particular adoption, an agency worker is not entitled to take time off under this section on more than five occasions.

• (6) On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours.

• (7) An agency worker is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1) or (2)(a).

• (8) An agency worker is not entitled to take time off under subsection (1) unless, if the temporary work agency or the hirer requests it, the agency worker gives that person a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).

• (9) An agency worker is not entitled to take time off under subsection (2) unless, if the temporary work agency or the hirer requests it, the agency worker gives that person—

• (a) a declaration signed by the agency worker stating that the agency worker has made an election for the purposes of subsection (2)(b) in connection with the adoption, and

• (b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).

• (10) A document or declaration requested under subsection (8) or (9) may be given in electronic form.

• (11) In cases where more than one child is to be, or is expected to be, placed for adoption with an agency worker as part of the same arrangement, this section has effect as if—

• (a) the purposes specified in subsections (1) and (2) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;

• (b) the references in subsections (2)(b) and (9)(a) to the adoption were references to all of the adoptions that are part of the arrangement;

• (c) the references in subsection (3) to the adoption were references to any of the adoptions that are part of the arrangement;

• (d) the reference in subsection (4) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;

• (e) the reference in subsection (5) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.

• (12) For the purposes of this section the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.

• (13) In this section “ adoption agency ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.

57ZO

• (1) An agency worker who is permitted to take time off under section 57ZN is entitled to be paid remuneration by the temporary work agency for the number of working hours for which the agency worker is entitled to be absent at the appropriate hourly rate.

• (2) The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off is taken.

• (3) But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken.

• (4) A right to any amount under subsection (1) does not affect any right of an agency worker in relation to remuneration under the agency worker's contract with the temporary work agency (“contractual remuneration”).

• (5) Any contractual remuneration paid to an agency worker in respect of a period of time off under section 57ZN goes towards discharging any liability of the temporary work agency to pay remuneration under subsection (1) in respect of that period.

• (6) Any payment of remuneration under subsection (1) in respect of a period of time off under section 57ZN goes towards discharging any liability of the temporary work agency to pay contractual remuneration in respect of that period.

57ZP

• (1) An agency worker who—

• (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker and another person jointly, and

• (b) has elected to exercise the right to take time off under this section in connection with the adoption,

is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.

• (2) An agency worker may not make an election for the purposes of subsection (1)(b) if—

• (a) the agency worker has made an election for the purposes of section 57ZN(2)(b) in connection with the adoption, or

• (b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (1)(b) or section 57ZL(1)(b) in connection with the adoption.

• (3) An agency worker is not entitled to take time off under this section on or after the date of the child's placement for adoption with the agency worker.

• (4) In relation to any particular adoption, an agency worker is not entitled to take time off under this section on more than two occasions.

• (5) On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours.

• (6) An agency worker is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1)(a).

• (7) An agency worker is not entitled to take time off under this section unless, if the temporary work agency or the hirer requests it, the agency worker gives that person—

• (a) a declaration signed by the agency worker stating that the agency worker has made an election for the purposes of subsection (1)(b) in connection with the adoption, and

• (b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (6).

• (8) A declaration or document requested under subsection (7) may be given in electronic form.

• (9) In cases where more than one child is to be, or is expected to be, placed for adoption with an agency worker and another person jointly as part of the same arrangement, this section has effect as if—

• (a) the purposes specified in subsection (1) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;

• (b) the references in subsections (1)(b) and (7)(a) to the adoption were references to all of the adoptions that are part of the arrangement;

• (c) the references in subsection (2) to the adoption were references to any of the adoptions that are part of the arrangement;

• (d) the reference in subsection (3) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;

• (e) the reference in subsection (4) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.

• (10) For the purposes of this section the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.

• (11) In this section “ adoption agency ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined by section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.

57ZQ

• (1) An agency worker may present a complaint to an employment tribunal that the temporary work agency—

• (a) has unreasonably refused to let him or her take time off as required by section 57ZN or 57ZP, or

• (b) has failed to pay the whole or any part of any amount to which the agency worker is entitled under section 57ZO.

• (2) An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to let him or her take time off as required by section 57ZN or 57ZP.

• (3) An employment tribunal may not consider a complaint under subsection (1) or (2) unless it is presented—

• (a) before the end of the period of three months beginning with the day of the appointment in question, or

• (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

• (4) Section 207B applies for the purposes of subsection (3)(a).

• (5) Where an employment tribunal finds a complaint under subsection (1) or (2) well-founded, it must make a declaration to that effect.

• (6) If the complaint is that the temporary work agency or hirer has unreasonably refused to let the agency worker take time off as required by section 57ZN, the tribunal must also order payment to the agency worker of an amount that is twice the amount of the remuneration to which the agency worker would have been entitled under section 57ZO if the agency worker had not been refused the time off.

• (7) If the complaint is that the temporary work agency has failed to pay the agency worker the whole or part of any amount to which the agency worker is entitled under section 57ZO, the tribunal must also order the temporary work agency to pay to the agency worker the amount which it finds due to the agency worker.

• (8) If the complaint is that the temporary work agency or hirer has unreasonably refused to let the agency worker take time off as required by section 57ZP, the tribunal must also order payment to the agency worker of an amount determined in accordance with subsection (9).

• (9) The amount payable to the agency worker under subsection (8) is—

$$A× B× 2$where—A is the appropriate hourly rate for the agency worker determined in accordance with section 57ZO(2) and (3), andB is the number of working hours for which the agency worker would have been entitled under section 57ZP to be absent if the time off had not been refused.$

• (10) Where the tribunal orders that payment under subsection (6) or (8) be made by the temporary work agency and the hirer, the proportion of that amount payable by each respondent is to be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates.

57ZR

• (1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law, sections 57ZN to 57ZQ do not apply where the agency worker—

• (a) has not completed the qualifying period, or

• (b) pursuant to regulation 8(a) or (b) of the Agency Workers Regulations 2010 ( S.I. 2010/93), is no longer entitled to the rights conferred by regulation 5 of those Regulations.

• (2) Nothing in sections 57ZN to 57ZQ imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration, of the assignment, whichever is the longer.

• (3) Sections 57ZN to 57ZQ do not apply where sections 57ZJ to 57ZM apply.

• (4) In this section and sections 57ZN to 57ZQ the following have the same meaning as in the Agency Workers Regulations 2010—

• “agency worker”;

• “assignment”;

• “hirer”;

• “qualifying period”;

• “temporary work agency”.

57ZS

• (1) Subsection (2) applies where a local authority in England notifies a person—

• (a) who is a local authority foster parent, and

• (b) who has been approved as a prospective adopter,

that a child is to be, or is expected to be, placed with that person under section 22C of the Children Act 1989.

• (2) Where this subsection applies, sections 57ZJ, 57ZL, 57ZN and 57ZP have effect as if—

• (a) references to adoption or placement for adoption were references to placement of a child under section 22C of the Children Act 1989 with a local authority foster parent who has been approved as a prospective adopter;

• (b) references to placing for adoption were references to placing a child under section 22C of that Act with a local authority foster parent who has been approved as a prospective adopter;

• (c) references to an adoption agency were references to a local authority in England.

• (2A) Subsection (2B) applies where a local authority in Wales notifies a person—

• (a) who is a local authority foster parent, and

• (b) who has been approved as prospective adopter,

that a child is to be, or is expected to be, placed with that person under section 81 of the Social Services and Well-being (Wales) Act 2014.

• (2B) Where this subsection applies, sections 57ZJ, 57ZL, 57ZN and 57ZP have effect as if—

• (a) references to adoption or placement for adoption were references to placement of a child under 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 placing for adoption were references to placing a child under section 81 of that Act with a local authority foster parent who has been approved as a prospective adopter;

• (c) references to an adoption agency were references to a local authority in Wales.

• (3) Where a child is placed under section 22C of the Children Act 1989or 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, notification of that person by an adoption agency during that placement that the child is to be, or is expected to be, placed with that person for adoption is not to give rise to a right to time off under section 57ZJ, 57ZL, 57ZN or 57ZP for that person or another person.

Tax credits

Right to remuneration for time off under section 61.

Right to remuneration for time off under section 57ZN

Remedies

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

Ordinary adoption leave

Entitlement to shared parental leave: birth

Entitlement to leave under section 75G: further provision

Complaint to employment tribunal.

Complaints to employment tribunals.

Entitlement to additional paternity leave: adoption

Special cases

Entitlement to shared parental leave: birth

Statutory right to request contract variation

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

Remedies

Additional adoption leave

The right.

Entitlement to shared parental leave: adoption

Rights during and after shared parental leave

Rights during and after parental leave.

Supplemental.

The national minimum wage.

Complaint to employment tribunal.

Complaint to employment tribunal.

Rights during and after paternity leave

Upper age limit.

Complaints to employment tribunal.

Confidentiality of negotiations before termination of employment

Special cases

Basic award of two weeks’ pay in certain cases.

Application to police.

The right.

Summary dismissal.

Making of payments.

Chapter 3: supplemental

Rights during and after bereavement leave

Employee’s rights on insolvency of employer.

National security.

Law governing employment.

Institution or continuance of tribunal proceedings.

Extension of time limits to facilitate conciliation before institution of proceedings

Remedies

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

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

Associated employers.

Normal retirement age 65 or higher: dismissal at or after retirement age

Health and safety cases.

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

Application to police.

PART 2A — Zero hours workers and similar

27A

• (1) In this section “zero hours contract” means a contract of employment or other worker's contract under which—

• (a) the undertaking to do or perform work or services is an undertaking to do so conditionally on the employer making work or services available to the worker, and

• (b) there is no certainty that any such work or services will be made available to the worker.

• (2) For this purpose, an employer makes work or services available to a worker if the employer requests or requires the worker to do the work or perform the services.

• (3) Any provision of a zero hours contract which—

• (a) prohibits the worker from doing work or performing services under another contract or under any other arrangement, or

• (b) prohibits the worker from doing so without the employer's consent,

is unenforceable against the worker.

• (4) Subsection (3) is to be disregarded for the purposes of determining any question whether a contract is a contract of employment or other worker's contract.

27B

• (1) The Secretary of State may by regulations make provision for the purpose of securing that zero hours workers, or any description of zero hours workers, are not restricted by any provision or purported provision of their worker’s contracts or their arrangements with their employers from doing any work otherwise than under those contracts or arrangements.

• (2) In this section, “zero hours workers” means—

• (a) employees or other workers who work under zero hours contracts;

• (b) individuals who work under ... zero hours arrangements;

• (c) individuals who work under worker's contracts of a kind specified by the regulations.

• (3) The worker's contracts which may be specified by virtue of subsection (2)(c) are those in relation to which the Secretary of State considers it appropriate for provision made by the regulations to apply, having regard, in particular, to provision made by the worker's contracts as to income, rate of pay or working hours.

• (4) In this section “... zero hours arrangement” means an arrangement (whether contractual or non-contractual) other than a worker's contract under which—

• (a) an employer and an individual agree terms on which the individual will do any work where the employer makes it available to the individual and the individual agrees to do it, but

• (b) the employer is not required to make any work available to the individual, nor the individual required to accept it,

and in this section “employer”, in relation to a ... zero hours arrangement, is to be read accordingly.

• (5) Provision that may be made by regulations under subsection (1) includes provision for—

• (a) modifying—

• (i) zero hours contracts;

• (ii) ... zero hours arrangements;

• (iii) other worker's contracts;

• (b) imposing financial penalties on employers;

• (c) requiring employers to pay compensation to zero hours workers;

• (d) conferring jurisdiction on employment tribunals;

• (e) conferring rights on zero hours workers.

• (6) Provision that may be made by virtue of subsection (5)(a) may, in particular, include provision for —

• (a) exclusivity terms in prescribed categories of worker's contracts to be unenforceable, in cases in which section 27A does not apply.

• (b) exclusivity terms in prescribed categories of zero hours arrangements that are contractual arrangements to be unenforceable

For this purpose an exclusivity term is any term by virtue of which a worker is restricted from doing any work otherwise than under the worker's contract or (as the case may be) an individual is restricted from doing any work otherwise than under a worker’s contract entered into in accordance with the zero hours arrangement.

• (7) Regulations under this section may—

• (a) make different provision for different purposes;

• (b) make provision subject to exceptions.

• (8) For the purposes of this section—

• (a) “zero hours contract” has the same meaning as in section 27A;

• (b) an employer makes work available to an individual if the employer requests or requires the individual to do it;

• (c) references to work and doing work include references to services and performing them.

• (9) Nothing in this section is to be taken to affect any worker's contract except so far as any regulations made under this section expressly apply in relation to it.

Jury service

PART 5A — Protection for applicants for employment etc in the health service

49B

• (1) The Secretary of State may make regulations prohibiting an NHS employer from discriminating against an applicant because it appears to the NHS employer that the applicant has made a protected disclosure.

• (2) An “applicant”, in relation to an NHS employer, means an individual who applies to the NHS employer for—

• (a) a contract of employment,

• (b) a contract to do work personally, or

• (c) appointment to an office or post.

• (3) For the purposes of subsection (1), an NHS employer discriminates against an applicant if the NHS employer refuses the applicant's application or in some other way treats the applicant less favourably than it treats or would treat other applicants in relation to the same contract, office or post.

• (4) Regulations under this section may, in particular—

• (a) make provision as to circumstances in which discrimination by a worker or agent of an NHS employer is to be treated, for the purposes of the regulations, as discrimination by the NHS employer;

• (b) confer jurisdiction (including exclusive jurisdiction) on employment tribunals or the Employment Appeal Tribunal;

• (c) make provision for or about the grant or enforcement of specified remedies by a court or tribunal;

• (d) make provision for the making of awards of compensation calculated in accordance with the regulations;

• (e) make different provision for different cases or circumstances;

• (f) make incidental or consequential provision, including incidental or consequential provision amending—

• (i) an Act of Parliament (including this Act),

• (ii) an Act of the Scottish Parliament,

• (iii) a Measure or Act of the National Assembly for Wales, or

• (iv) an instrument made under an Act or Measure within any of sub-paragraphs (i) to (iii).

• (5) Subsection (4)(f) does not affect the application of section 236(5) to the power conferred by this section.

• (6) “NHS employer” means an NHS public body prescribed by regulations under this section.

• (7) “NHS public body” means—

• (a) NHS England;

• (b) an integrated care board;

• (c) a Special Health Authority;

• (d) an NHS trust;

• (e) an NHS foundation trust;

• (f) the Care Quality Commission;

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ga) the Health Services Safety Investigations Body;

• (h) the Health Research Authority;

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) the National Institute for Health and Care Excellence;

• (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (l) a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

• (m) the Common Services Agency for the Scottish Health Service;

• (n) Healthcare Improvement Scotland;

• (o) a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978;

• (p) a Special Health Board constituted under that section.

• (8) The Secretary of State must consult the Welsh Ministers before making regulations prescribing any of the following NHS public bodies for the purposes of the definition of “NHS employer”—

• (a) a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006;

• (b) an NHS trust established under section 18 of that Act;

• (c) a Local Health Board established under section 11 of that Act.

• (9) The Secretary of State must consult the Scottish Ministers before making regulations prescribing an NHS public body within any of paragraphs (m) to (p) of subsection (7) for the purposes of the definition of “NHS employer”.

• (10) For the purposes of subsection (4)(a)—

• (a) “worker” has the extended meaning given by section 43K, and

• (b) a person is a worker of an NHS employer if the NHS employer is an employer in relation to the person within the extended meaning given by that section.

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

Application to police of section 44 and related provisions.

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

Right to time off for public duties.

Complaints to employment tribunals.

Right to time off for ante-natal care.

Placement of looked after children with prospective adopters

Complaint to employment tribunal

Agency workers: supplementary

Agency workers: supplementary

Right to payment for time off under section 58.

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

Time off for dependants.

Complaints to employment tribunals.

Statutory right to make request in relation to study or training

Section 63D application: supplementary

Employee's duties in relation to agreed study or training

Remedies

Exclusions from right to remuneration.

Complaints to employment tribunals: agency workers

Additional maternity leave.

Redundancy and dismissal.

Sections 71 to 73: supplemental.

Ordinary adoption leave

Additional adoption leave

Complaints to employment tribunals.

Entitlement to shared parental leave: adoption

Exclusions from right to remuneration.

Additional maternity leave.

Redundancy and dismissal.

Sections 71 to 73: supplemental.

Special cases.

Ordinary adoption leave

Complaint to employment tribunal.

Entitlement to ... paternity leave: birth

Entitlement to additional paternity leave: birth

Redundancy and dismissal

Chapter 3: supplemental

Statutory right to request contract variation

Rights during and after bereavement leave

Special cases

Chapter 3: supplemental

Remedies

Complaints to employment tribunals

Normal retirement age: dismissal before retirement age

Normal retirement age 65 or higher: dismissal at or after retirement age

Normal retirement age below 65: dismissal at or after retirement age

The right.

Retirement dismissals: fairness

Interpretation

Leave for family reasons.

Leave for family reasons.

No normal retirement age: dismissal at or after 65

Working time cases.

Retirement dismissals: fairness

Working time cases.

Procedural fairness

Assertion of statutory right.

Interpretation

Upper age limit.

Pressure on employer to dismiss unfairly.

Tax credits

The remedies: orders and compensation.

The orders.

Replacements.

Application to police.

Basic award of two weeks’ pay in certain cases.

Summary dismissal.

Basic award of two weeks’ pay in certain cases.

Making of payments.

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

Complaints to employment tribunal.

The right.

Debts to which Part applies.

References to employment tribunals.

The orders.

Law governing employment.

Institution or continuance of tribunal proceedings.

Insolvency.

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

Introductory.

Power to extend employment legislation to offshore employment.

Reinstatement or re-engagement of dismissed employee.

Associated employers.

Financial provisions.

Orders and regulations.

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

Notes:

43FA

• (1) The Secretary of State may make regulations requiring a person prescribed for the purposes of section 43F to produce an annual report on disclosures of information made to the person by workers.

• (2) The regulations must set out the matters that are to be covered in a report, but must not require a report to provide detail that would enable either of the following to be identified—

• (a) a worker who has made a disclosure;

• (b) an employer or other person in respect of whom a disclosure has been made.

• (3) The regulations must make provision about the publication of a report, and such provision may include (but is not limited to) any of the following requirements—

• (a) to send the report to the Secretary of State for laying before Parliament;

• (b) to include the report in another report or in information required to be published by the prescribed person;

• (c) to publish the report on a website.

• (4) The regulations may make provision about the time period within which a report must be produced and published.

• (5) Regulations under subsections (2) to (4) may make different provision for different prescribed persons.

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

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

Agency workers: supplementary

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

Complaint to employment tribunal: agency workers

Complaint to employment tribunal

Complaint to employment tribunal.

Right to time off for pension scheme trustees.

Right to time off for pension scheme trustees.

Complaint to employment tribunal.

Right to payment for time off under section 58.

Right to remuneration for time off under section 63A.

Section 63D application: supplementary

Statutory right to make request in relation to study or training

Complaints to employment tribunals.

Statutory right to make request in relation to study or training

Compulsory maternity leave.

Meaning of suspension on maternity grounds.

Compulsory maternity leave.

Chapter 1A: supplemental

Additional adoption leave

Entitlement to shared parental leave: adoption

Redundancy and dismissal

Entitlement to leave under section 75G: further provision

Entitlement to shared parental leave: adoption

Special cases.

Rights during and after shared parental leave

Complaint to employment tribunal.

Entitlement to ... paternity leave: adoption

Entitlement to additional paternity leave: adoption

Special cases

Chapter 3: supplemental

Statutory right to request contract variation

Procedural fairness

Complaints to employment tribunals

Complaints to employment tribunals

Supplementary.

Leave for family reasons.

Complaints to employment tribunals

No normal retirement age: dismissal at or after 65

The right.

Normal retirement age 65 or higher: dismissal at or after retirement age

Working time cases.

Working time cases.

Complaints to employment tribunals

Retirement dismissals: fairness

Protected disclosure.

Tax credits

Working time cases.

Pressure on employer to dismiss unfairly.

Leave for family reasons.

Replacements.

Study and training

Tax credits

The right.

Summary dismissal.

The right.

Death of employee.

Application to police.

Circumstances in which an employee is dismissed.

Remedy for infringement of certain rights.

The right.

Confidentiality of negotiations before termination of employment

Death of employee.

Basic award: reductions.

Making of payments.

Employee’s rights on insolvency of employer.

Introductory.

Power to extend employment legislation to offshore employment.

Reinstatement or re-engagement of dismissed employee.

Power to extend employment legislation to offshore employment.

Orders and regulations.

Rights and liabilities accruing after death.

Normal working hours.

Reinstatement or re-engagement of dismissed employee.

General.

Shop workers.

Orders and regulations.

Financial provisions.

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

Notes:

Additional adoption leave

Additional adoption leave

Entitlement to shared parental leave: birth

Entitlement to leave under section 75G: further provision