Employment Rights Act 1996

• (1) An individual who is or becomes an employee of a company is an “ employee shareholder ” if—

• (a) the company and the individual agree that the individual is to be an employee shareholder,

• (b) in consideration of that agreement, the company issues or allots to the individual fully paid up shares in the company, or procures the issue or allotment to the individual of fully paid up shares in its parent undertaking, which have a value, on the day of issue or allotment, of no less than £2,000,

• (c) the company gives the individual a written statement of the particulars of the status of employee shareholder and of the rights which attach to the shares referred to in paragraph (b) (“the employee shares”) (see subsection (5)), and

• (d) the individual gives no consideration other than by entering into the agreement.

• (2) An employee who is an employee shareholder does not have—

• (a) the right to make an application under section 63D (request to undertake study or training),

• (b) the right to make an application under section 80F (request for flexible working),

• (c) the right under section 94 not to be unfairly dismissed, or

• (d) the right under section 135 to a redundancy payment.

• (3) The following provisions are to be read in the case of an employee who is an employee shareholder as if for “8 weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”—

• (a) regulation 11 of the Maternity and Parental Leave etc. Regulations 1999 ( S.I. 1999/3312) (requirement for employee to notify employer of intention to return to work during maternity leave period), and

• (b) regulation 25 of the Paternity and Adoption Leave Regulations 2002 ( S.I. 2002/2788) (corresponding provision for adoption leave).

• (4) Regulation 30 of the Additional Paternity Leave Regulations 2010 ( S.I. 2010/1055) (requirement for employee to notify employer of intention to return to work during additional paternity leave period) is to be read in the case of an employee who is an employee shareholder as if for “six weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”.

• (5) The statement referred to in subsection (1)(c) must—

• (a) state that, as an employee shareholder, the individual would not have the rights specified in subsection (2),

• (b) specify the notice periods that would apply in the individual's case as a result of subsections (3) and (4),

• (c) state whether any voting rights attach to the employee shares,

• (d) state whether the employee shares carry any rights to dividends,

• (e) state whether the employee shares would, if the company were wound up, confer any rights to participate in the distribution of any surplus assets,

• (f) if the company has more than one class of shares and any of the rights referred to in paragraphs (c) to (e) attach to the employee shares, explain how those rights differ from the equivalent rights that attach to the shares in the largest class (or next largest class if the class which includes the employee shares is the largest),

• (g) state whether the employee shares are redeemable and, if they are, at whose option,

• (h) state whether there are any restrictions on the transferability of the employee shares and, if there are, what those restrictions are,

• (i) state whether any of the requirements of sections 561 and 562 of the Companies Act 2006 are excluded in the case of the employee shares (existing shareholders' right of pre-emption), and

• (j) state whether the employee shares are subject to drag-along rights or tag-along rights and, if they are, explain the effect of the shares being so subject.

• (6) Agreement between a company and an individual that the individual is to become an employee shareholder is of no effect unless, before the agreement is made—

• (a) the individual, having been given the statement referred to in subsection (1)(c), receives advice from a relevant independent adviser as to the terms and effect of the proposed agreement, and

• (b) seven days have passed since the day on which the individual receives the advice.

• (7) Any reasonable costs incurred by the individual in obtaining the advice (whether or not the individual becomes an employee shareholder) which would, but for this subsection, have to be met by the individual are instead to be met by the company.

• (8) The reference in subsection (2)(b) to making an application under section 80F does not include a reference to making an application within the period of 14 days beginning with the day on which the employee shareholder returns to work from a period of parental leave under regulations under section 76.

• (9) The reference in subsection (2)(c) to unfair dismissal does not include a reference to a dismissal—

• (a) which is required to be regarded as unfair for the purposes of Part 10 by a provision (whenever made) contained in or made under this or any other Act, or

• (b) which amounts to a contravention of the Equality Act 2010.

• (10) The reference in subsection (2)(c) to the right not to be unfairly dismissed does not include a reference to that right in a case where section 108(2) (health and safety cases) applies.

• (11) The Secretary of State may by order amend subsection (1) so as to increase the sum for the time being specified there.

• (12) The Secretary of State may by regulations provide that any agreement for a company to buy back from an individual the shares referred to in subsection (1)(b) in the event that the individual ceases to be an employee shareholder or ceases to be an employee must be on terms which meet the specified requirements.

• (13) In this section—

• “ company ” means— a company or overseas company (within the meaning, in each case, of the Companies Act 2006) which has a share capital, or a United Kingdom Societas (or UK Societas) within the meaning of Council Regulation 2157/2001/EC of 8 October 2001 on the Statute for a European company;

• “ drag-along rights ”, in relation to shares in a company, means the right of the holders of a majority of the shares, where they are selling their shares, to require the holders of the minority to sell theirs;

• “ parent undertaking ” has the same meaning as in the Companies Act 2006;

• “ relevant independent adviser ” has the meaning that it has for the purposes of section 203(3)(c);

• “ tag-along rights ”, in relation to shares in a company, means the right of the holders of a minority of the shares to sell their shares, where the holders of the majority are selling theirs, on the same terms as those on which the holders of the majority are doing so.

• (14) The reference in this section to the value of shares in a company is a reference to their market value within the meaning of the Taxation of Chargeable Gains Act 1992 (see sections 272 and 273 of that Act).

Entitlement to ... paternity leave: birth

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

Right to payment for time off under section 58.

Complaints to employment tribunals.

Normal working hours.

Dismissal procedures agreements.

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

Rights during and after paternity leave

Complaints to employment tribunals.

Application of this Part and related provisions to police

Trustees of occupational pension schemes.

Right to remuneration for time off under section 61.

Right to time off for ante-natal care.

Complaint to employment tribunal

Supplementary

Complaints to employment tribunals.

Complaints to employment tribunals: agency workers

Additional maternity leave.

Meaning of suspension on maternity grounds.

Complaints to employment tribunals: agency workers

Additional maternity leave.

Exclusions from right to remuneration.

Application to police of section 44 and related provisions.

Entitlement to shared parental leave: birth

Employee representatives.

Entitlement to parental leave.

The national minimum wage.

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

Redundancy.

Right to remuneration for time off under section 55.

Complaint to employment tribunal: agency workers

Agency workers: supplementary

Flexible working

Renewal of contract or re-engagement.

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

Death of employee.

Old statutory compensation schemes.

Right to time off for pension scheme trustees.

Right to payment for time off under section 58.

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

Introductory.

Tax credits

Introductory.

Employee shareholder status

Application to police.

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

Entitlement to additional paternity leave: adoption

Right to payment for time off under section 58.

Right to time off for employee representatives.

Extension of time limits to facilitate conciliation before institution of proceedings

207B

• (1) This section applies where this Act provides for it to apply for the purposes of a provision of this Act (a “relevant provision”).

...

• (2) In this section—

• (a) Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

• (b) Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.

• (3) In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.

• (4) If a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

• (5) Where an employment tribunal has power under this Act to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this section.

Introductory.

Reinstatement or re-engagement of dismissed employee.

Introductory.

Normal working hours.

Orders and regulations.

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

Rights during and after paternity leave

Jury service

Application to police of section 44 and related provisions.

Complaints to employment tribunals.

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

Right to payment for time off under section 58.

Employees exercising right to time off work for study or training.

Trustees of occupational pension schemes.

Employees exercising right to time off work for study or training.

Protected disclosures.

Leave for family and domestic reasons.

CHAPTER 1B — Shared parental leave

75E

• (1) The Secretary of State may make regulations entitling an employee who satisfies specified conditions—

• (a) as to duration of employment,

• (b) as to being, or expecting to be, the mother of a child,

• (c) as to caring or intending to care, with another person (“P”), for the child,

• (d) as to entitlement to maternity leave,

• (e) as to the exercise of that entitlement and the extent of any such exercise,

• (f) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and

• (g) as to the consent of P to the amount of leave under this subsection that the employee intends to take,

to be absent from work on leave under this subsection for the purpose of caring for the child.

• (2) Regulations under subsection (1) may provide that the employee's entitlement is subject to the satisfaction by P of specified conditions—

• (a) as to employment or self-employment,

• (b) as to having earnings of a specified amount for a specified period,

• (c) as to caring or intending to care, with the employee, for the child, and

• (d) as to relationship with the child or the employee.

• (3) Provision under subsection (1)(f) may require the employee to give notice to the employer about—

• (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of P to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay);

• (b) how much of the entitlement to leave the employee intends to exercise;

• (c) the extent to which P intends to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay.

• (4) The Secretary of State may make regulations entitling an employee who satisfies specified conditions—

• (a) as to duration of employment,

• (b) as to relationship with a child or expected child or with the child's mother,

• (c) as to caring or intending to care, with the child's mother, for the child,

• (d) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and

• (e) as to the consent of the child's mother to the amount of leave under this subsection that the employee intends to take,

to be absent from work on leave under this subsection for the purpose of caring for the child.

• (5) Regulations under subsection (4) may provide that the employee's entitlement is subject to the satisfaction by the child's mother of specified conditions—

• (a) as to employment or self-employment,

• (b) as to having earnings of a specified amount for a specified period,

• (c) as to caring or intending to care, with the employee, for the child,

• (d) as to entitlement (or lack of entitlement) to maternity leave, statutory maternity pay or maternity allowance, and

• (e) as to the exercise of any such entitlement and the extent of any such exercise.

• (6) Provision under subsection (4)(d) may require the employee to give notice to the employer about—

• (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of the child's mother to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay);

• (b) how much of the entitlement to leave the employee intends to exercise;

• (c) the extent to which the child's mother intends to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay.

75F

• (1) Regulations under section 75E are to include provision for determining—

• (a) the amount of leave under section 75E(1) or (4) to which an employee is entitled in respect of a child;

• (b) when leave under section 75E(1) or (4) may be taken.

• (2) Provision under subsection (1)(a) is to secure that the amount of leave to which an employee is entitled in respect of a child does not exceed—

• (a) in a case where the child's mother became entitled to maternity leave, the relevant amount of time reduced by—

• (i) where her maternity leave ends without her ordinary or additional maternity leave period having been curtailed by virtue of section 71(3)(ba) or 73(3)(a), the amount of maternity leave taken by the child's mother, or

• (ii) except where sub-paragraph (i) applies, the amount of time between the beginning of her maternity leave and the time when her ordinary or additional maternity leave period, as curtailed by virtue of section 71(3)(ba) or 73(3)(a), comes to an end;

• (b) in a case where the child's mother became entitled to statutory maternity pay or maternity allowance but not maternity leave, the relevant amount of time reduced by an amount determined in accordance with paragraph (a) or, as the case may be, paragraph (b) of section 171ZU(6) of the Social Security Contributions and Benefits Act 1992.

• (3) In subsection (2) “ the relevant amount of time ” means an amount of time specified in or determined in accordance with regulations under section 75E.

• (4) Provision under subsection (1)(a) is to secure that the amount of leave that an employee is entitled to take in respect of a child takes into account—

• (a) in a case where another person is entitled to leave under section 75E in respect of the child, the amount of such leave taken by the other person;

• (b) in a case where another person is entitled to statutory shared parental pay in respect of the child but not leave under section 75E, the number of weeks in respect of which such pay is payable to the other person.

• (5) In reckoning for the purposes of subsection (2) the amount of maternity leave taken, a part of a week is to be treated as a full week.

• (6) In reckoning for the purposes of subsection (4) the amount of leave under section 75E taken during a period of such leave, a part of a week is to be treated as a full week.

• (7) Provision under subsection (1)(b) is to secure that leave under section 75E must be taken before the end of such period as may be specified by the regulations.

• (8) Regulations under section 75E are to provide for the taking of leave under section 75E in a single period or in non-consecutive periods.

• (9) Regulations under section 75E may—

• (a) provide for an employer, subject to such restrictions as may be specified, to require an employee who proposes to take non-consecutive periods of leave under section 75E to take that amount of leave as a single period of leave;

• (b) provide for a single period of leave that is so imposed on an employee to start with a day proposed by the employee or, if no day is proposed, with the first day of the first period of leave proposed by the employee.

• (10) Regulations under section 75E may provide for the variation, subject to such restrictions as may be specified, of—

• (a) the period or periods during which an amount of leave under section 75E may be taken;

• (b) the amount of leave under section 75E that the employee previously specified in accordance with provision under section 75E(3)(b) or (6)(b) or subsection (13)(b) of this section.

• (11) Provision under subsection (10)(a) may provide for variation to be subject to the consent of an employer in circumstances specified by the regulations.

• (12) Provision under subsection (10)(b) may require an employee to satisfy specified conditions—

• (a) as to giving notice of an intention to vary the amount of leave under section 75E to be taken by the employee;

• (b) if the employee proposes to vary the amount of leave under section 75E(1) to be taken by the employee, as to the consent of P to that variation;

• (c) if the employee proposes to vary the amount of leave under section 75E(4) to be taken by the employee, as to the consent of the child's mother to that variation.

• (13) Provision under subsection (12)(a) may require an employee to give notice to the employer about—

• (a) the extent to which the employee has exercised an entitlement to leave under section 75E(1) or (4) in respect of the child;

• (b) how much of the entitlement to leave the employee intends to exercise;

• (c) the extent to which a person other than the employee has exercised an entitlement to leave under section 75E or to statutory shared parental pay in respect of the child;

• (d) the extent to which a person other than the employee intends to exercise such an entitlement.

• (14) Regulations under section 75E may—

• (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child;

• (b) make provision excluding the right to be absent on leave under section 75E in respect of a child where more than one child is born as a result of the same pregnancy;

• (c) specify a minimum amount of leave under section 75E which may be taken;

• (d) make provision about how leave under section 75E may be taken;

• (e) specify circumstances in which an employee may work for the employer during a period of leave under section 75E without bringing the particular period of leave, or the employee's entitlement to leave under section 75E, to an end;

• (f) specify circumstances in which an employee may be absent on leave under section 75E otherwise than for the purpose of caring for a child without bringing the person's entitlement to leave under section 75E 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 the mother of a child dies before another person has become entitled to leave under section 75E in respect of the child—

• (a) section 75E(4)(b), (c) and (e);

• (b) section 75E(5);

• (c) section 75E(6)(c);

• (d) subsection (12)(c);

• (e) subsection (13)(c) and (d).

75G

• (1) The Secretary of State may make regulations entitling an employee who satisfies specified conditions—

• (a) as to duration of employment,

• (b) as to being a person with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom,

• (c) as to caring or intending to care, with another person (“P”), for the child,

• (d) as to entitlement to adoption leave,

• (e) as to the exercise of that entitlement and the extent of any such exercise,

• (f) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and

• (g) as to the consent of P to the amount of leave under this subsection that the employee intends to take,

to be absent from work on leave under this subsection for the purpose of caring for the child.

• (2) Regulations under subsection (1) may provide that the employee's entitlement is subject to the satisfaction by P of specified conditions—

• (a) as to employment or self-employment,

• (b) as to having earnings of a specified amount for a specified period,

• (c) as to caring or intending to care, with the employee, for the child, and

• (d) as to relationship with the child or the employee.

• (3) Provision under subsection (1)(f) may require the employee to give notice to the employer about—

• (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of P to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay);

• (b) how much of the entitlement to leave the employee intends to exercise;

• (c) the extent to which P intends to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay.

• (4) The Secretary of State may make regulations entitling an employee who satisfies specified conditions—

• (a) as to duration of employment,

• (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 or with a person (“A”) with whom the child is, or is expected to be, so placed,

• (c) as to caring or intending to care, with A, for the child,

• (d) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and

• (e) as to the consent of A to the amount of leave under this subsection that the employee intends to take,

to be absent from work on leave under this subsection for the purpose of caring for the child.

• (5) Regulations under subsection (4) may provide that the employee's entitlement is subject to the satisfaction by A of specified conditions—

• (a) as to employment or self-employment,

• (b) as to having earnings of a specified amount for a specified period,

• (c) as to caring or intending to care, with the employee, for the child,

• (d) as to entitlement (or lack of entitlement) to adoption leave or statutory adoption pay, and

• (e) as to the exercise of any such entitlement and the extent of any such exercise.

• (6) Provision under subsection (4)(d) may require the employee to give notice to the employer about—

• (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of A to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay);

• (b) how much of the entitlement to leave the employee intends to exercise;

• (c) the extent to which A intends to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay.

• (7) Regulations under subsections (1) and (4) are to provide for leave in respect of a child placed, or expected to be placed, under section 22C of the Children Act 1989 by a local authority in England with a local authority foster parent who has been approved as a prospective adopter.

Regulations under subsections (1) and (4) are to provide 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.

• (8) This section and section 75H have effect in relation to regulations made by virtue of subsection (7) as if references to a child being placed for adoption under the law of any part of the United Kingdom 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.

75H

• (1) Regulations under section 75G are to include provision for determining—

• (a) the amount of leave under section 75G(1) or (4) to which an employee is entitled in respect of a child;

• (b) when leave under section 75G(1) or (4) may be taken.

• (2) Provision under subsection (1)(a) is to secure that the amount of leave to which an employee is entitled in respect of a child does not exceed—

• (a) in a case where a person with whom the child is, or is expected to be, placed for adoption became entitled to adoption leave, the relevant amount of time reduced by—

• (i) where the person's adoption leave ends without the person's ordinary or additional adoption leave period having been curtailed by virtue of section 75A(2A)(a) or 75B(3)(a), the amount of adoption leave taken by that person, or

• (ii) except where sub-paragraph (i) applies, the amount of time between the beginning of the person's adoption leave and the time when the person's ordinary or additional adoption leave period, as curtailed by virtue of section 75A(2A)(a) or 75B(3)(a), comes to an end;

• (b) in a case where a person with whom the child is, or is expected to be, placed for adoption became entitled to statutory adoption pay but not adoption leave, the relevant amount of time reduced by an amount determined in accordance with paragraph (a) or, as the case may be, paragraph (b) of section 171ZV(6) of the Social Security Contributions and Benefits Act 1992.

• (3) In subsection (2) “ the relevant amount of time ” means an amount of time specified in or determined in accordance with regulations under section 75G.

• (4) Provision under subsection (1)(a) is to secure that the amount of leave that an employee is entitled to take in respect of a child takes into account—

• (a) in a case where another person is entitled to leave under section 75G in respect of the child, the amount of such leave taken by the other person;

• (b) in a case where another person is entitled to statutory shared parental pay in respect of the child but not leave under section 75G, the number of weeks in respect of which such pay is payable to the other person.

• (5) In reckoning for the purposes of subsection (2) the amount of adoption leave taken, a part of a week is to be treated as a full week.

• (6) In reckoning for the purposes of subsection (4) the amount of leave under section 75G taken during a period of such leave, a part of a week is to be treated as a full week.

• (7) Provision under subsection (1)(b) is to secure that leave under section 75G must be taken before the end of such period as may be prescribed by the regulations.

• (8) Regulations under section 75G are to provide for the taking of leave under section 75G in a single period or in non-consecutive periods.

• (9) Regulations under section 75G may—

• (a) provide for an employer, subject to such restrictions as may be specified, to require an employee who proposes to take non-consecutive periods of leave under section 75G to take that amount of leave as a single period of leave, and

• (b) provide for a single period of leave that is so imposed on an employee to start with a day proposed by the employee or, if no day is proposed, with the first day of the first period of leave proposed by the employee.

• (10) Regulations under section 75G may provide for the variation, subject to such restrictions as may be specified, of—

• (a) the period or periods during which an amount of leave under section 75G is to be taken;

• (b) the amount of leave under section 75G that the employee previously specified in accordance with provision under section 75G(3)(b) or (6)(b) or subsection (13)(b) of this section.

• (11) Provision under subsection (10)(a) may provide for variation to be subject to the consent of an employer in circumstances specified by the regulations.

• (12) Provision under subsection (10)(b) may require an employee to satisfy specified conditions—

• (a) as to giving notice of an intention to vary the amount of leave under section 75G to be taken by the employee;

• (b) if the employee proposes to vary the amount of leave under section 75G(1) to be taken by the employee, as to the consent of P to that variation;

• (c) if the employee proposes to vary the amount of leave under section 75G(4) to be taken by the employee, as to the consent of A to that variation.

• (13) Provision under subsection (12)(a) may require an employee to give notice to the employer about—

• (a) the extent to which the employee has exercised an entitlement to leave under section 75G(1) or (4) in respect of the child;

• (b) how much of the entitlement to leave the employee intends to exercise;

• (c) the extent to which a person other than the employee has exercised an entitlement to leave under section 75G or to statutory shared parental pay in respect of the child;

• (d) the extent to which a person other than the employee intends to exercise such an entitlement.

• (14) Regulations under section 75G may—

• (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child;

• (b) make provision excluding the right to be absent on leave under section 75G in respect of a child where more than one child is placed for adoption as part of the same arrangement;

• (c) specify a minimum amount of leave under section 75G which may be taken;

• (d) make provision about how leave under section 75G may be taken;

• (e) specify circumstances in which an employee may work for the employer during a period of leave under section 75G without bringing the particular period of leave, or the employee's entitlement to leave under section 75G, to an end;

• (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.