Employment Rights Act 1996

• (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

Entitlement to shared parental leave: birth

Entitlement to parental leave.

Entitlement to leave under section 75G: further provision

Redundancy and dismissal

Rights during and after parental leave.

Rights during and after paternity leave

Entitlement to additional paternity leave: adoption

Rights during and after paternity leave

Chapter 3: supplemental

Statutory right to request contract variation

Complaints to employment tribunals

The right.

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

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

Reason for dismissal: particular matters

Retirement dismissals: fairness

No normal retirement age: dismissal at or after 65

Normal retirement age: dismissal before retirement age

Trustees of occupational pension schemes.

Employee representatives.

Reason for dismissal: particular matters

Procedural fairness

Reason for dismissal: particular matters

Health and safety cases.

Trustees of occupational pension schemes.

Protected disclosure.

The national minimum wage.

Trustees of occupational pension schemes.

Employee shareholder status

Replacements.

The remedies: orders and compensation.

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

Summary dismissal.

Employee’s rights on insolvency of employer.

National security.

The remedies: orders and compensation.

The orders.

Summary dismissal.

Summary dismissal.

Institution or continuance of tribunal proceedings.

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

Employee’s rights on insolvency of employer.

Reinstatement or re-engagement of dismissed employee.

Written particulars of redundancy payment.

Law governing employment.

Remedy for infringement of certain rights.

Extension of time limits to facilitate conciliation before institution of proceedings

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

Introductory.

Reinstatement or re-engagement of dismissed employee.

Introductory.

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

General.

Orders and regulations.

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

Notes:

41A

• (1) A shop worker may at any time give to his or her employer a written notice, signed and dated by the shop worker, to the effect that he or she objects to doing shop work for additional hours on Sunday.

• (2) In this Part—

• “additional hours” means any number of hours of shop work that a shop worker is (or could be) required to work under a contract of employment on Sunday that are (or would be) in excess of the shop worker's normal Sunday working hours;

• “objection notice” means a notice given under subsection (1).

• (3) The “normal Sunday working hours” of a shop worker are to be calculated in accordance with regulations.

• (4) Regulations under this section may provide—

• (a) for the calculation to be determined (for example) by reference to the average number of hours that the shop worker has worked on Sundays during a period specified or described in the regulations;

• (b) for a calculation of the kind mentioned in paragraph (a) to be varied in special cases;

• (c) for the right to give an objection notice not to be exercisable in special cases (and subsection (1) is subject to provision made by virtue of this paragraph).

• (5) Provision under subsection (4)(b) or (c) may, in particular, include provision—

• (a) about how the calculation of normal Sunday working hours is to be made in the case of a shop worker who has not been employed for a sufficient period of time to enable a calculation to be made as otherwise provided for in the regulations;

• (b) for the right to give an objection notice not to be exercisable by such a shop worker until he or she has completed a period of employment specified or described in the regulations.

• (6) But regulations under this section may not include provision preventing a shop worker who has been continuously employed under a contract of employment for a period of one year or more from giving to the employer an objection notice.

• (7) Regulations under this section may make different provision for different purposes.

41B

• (1) This section applies where a person becomes a shop worker who, under a contract of employment, is or may be required to do shop work on Sundays.

• (2) The employer must give to the shop worker a written statement informing the shop worker of the following rights—

• (a) the right to object to working on Sundays by giving the employer an opting-out notice (if section 40 applies to the shop worker);

• (b) the right to object to doing shop work for additional hours on Sundays by giving the employer an objection notice.

• (3) The statement must be given before the end of the period of two months beginning with the day on which the person becomes a shop worker as mentioned in subsection (1).

• (4) An employer does not fail to comply with subsections (2) and (3) in a case where, before the end of the period referred to in subsection (3), the shop worker has given to the employer an opting-out notice (and that notice has not been withdrawn).

• (5) A statement under this section must comply with such requirements as to form and content as regulations may provide.

• (6) Regulations under this section may make different provision for different purposes.

41C

• (1) This section applies where—

• (a) under a contract of employment a shop worker is or may be required to do shop work on Sundays, and

• (b) the shop worker was employed under that contract on the day before the commencement date.

• (2) The shop worker's employer must give to the shop worker a written statement informing the shop worker of the rights mentioned in section 41B(2).

• (3) The statement must be given before the end of the period of two months beginning with the commencement date.

• (4) An employer does not fail to comply with subsections (2) and (3) in a case where, before the end of the period referred to in subsection (3), the shop worker has given to the employer an opting-out notice (and that notice has not been withdrawn).

• (5) A statement under this section must comply with such requirements as to form and content as regulations may provide.

• (6) Regulations under this section may make different provision for different purposes.

• (7) In this section “commencement date” means the date appointed by regulations under section 44 of the Enterprise Act 2016 for the coming into force of section 33 of, and Schedule 5 to, that Act.

41D

• (1) This section applies if an employer fails to give to a shop worker a written statement in accordance with—

• (a) section 41B(2) and (3), or

• (b) section 41C(2) and (3).

• (2) If the shop worker gives to the employer an opting-out notice, the notice period under section 41(3) that applies in relation to the shop worker is varied as follows—

• (a) if the notice period under that provision would have been one month, it becomes 7 days instead;

• (b) if the notice period under that provision would have been three months, it becomes one month instead.

• (3) If the shop worker gives to the employer an objection notice, the relevant period under section 43ZA(2) that applies in relation to the shop worker is varied as follows—

• (a) if the relevant period under that provision would have been one month, it becomes 7 days instead;

• (b) if the relevant period under that provision would have been three months, it becomes one month instead.

43ZA

• (1) Where a shop worker gives to his or her employer an objection notice, any agreement entered into between the shop worker and the employer becomes unenforceable to the extent that—

• (a) it requires the shop worker to do shop work for additional hours on Sunday after the end of the relevant period, or

• (b) it requires the employer to provide the shop worker with shop work for additional hours on Sunday after the end of that period.

• (2) The “relevant period” is—

• (a) in the case of a shop worker who is or may be required to do shop work in or about a large shop, the period of one month beginning with the day on which the objection notice is given;

• (b) in any other case, the period of three months beginning with that day.

This subsection is subject to section 41D(3).

• (3) A shop worker who has given an objection notice may revoke the notice by giving a further written notice to the employer.

• (4) Where—

• (a) a shop worker gives to the employer a notice under subsection (3), and

• (b) after giving the notice the shop worker expressly agrees with the employer to do shop work for additional hours on Sunday (whether on Sundays generally or on a particular Sunday),

the contract of employment between the shop worker and the employer is to be taken to be varied to the extent necessary to give effect to the terms of the agreement.

• (5) The reference in subsection (1) to any agreement—

• (a) includes the contract of employment under which the shop worker is employed immediately before giving the objection notice;

• (b) includes an agreement of a kind mentioned in subsection (4), or a contract of employment as taken to be varied under that subsection, only if an objection notice is given in relation to the working of additional hours under that agreement or contract as varied.

43ZB

• (1) In this Part—

• “additional hours” has the meaning given in section 41A(2);

• “large shop” means a shop which has a relevant floor area exceeding 280 square metres;

• “objection notice” has the meaning given in section 41A(2);

• “regulations” means regulations made by the Secretary of State.

• (2) In the definition of “large shop” in subsection (1)—

• (a) “shop” means any premises where there is carried on a trade or business consisting wholly or mainly of the sale of goods;

• (b) “relevant floor area” means the internal floor area of so much of the large shop in question as consists of or is comprised in a building.

• (3) For the purposes of subsection (2), any part of the shop which is not used for the serving of customers in connection with the sale or display of goods is to be disregarded.

• (4) The references in subsections (2) and (3) to the sale of goods does not include—

• (a) the sale of meals, refreshments or alcohol (within the meaning of the Licensing Act 2003 or, in relation to Scotland, the Licensing (Scotland) Act 2005 (asp 16)) for consumption on the premises on which they are sold, or

• (b) the sale of meals or refreshments prepared to order for immediate consumption off those premises.

45ZA

• (1) Subsection (2) applies where a shop worker has given an objection notice to his or her employer and the notice has not been withdrawn.

• (2) The shop worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the employer done on the ground that the shop worker refused (or proposed to refuse) to do shop work for additional hours on Sunday or on a particular Sunday.

• (3) Subsection (2) does not apply to anything done on the ground that the shop worker refused (or proposed to refuse) to do shop work for additional hours on any Sunday or Sundays falling before the end of the relevant period.

• (4) A shop worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his or her employer on the ground that the shop worker gave (or proposed to give) an objection notice to the employer.

• (5) Subsections (2) and (4) do not apply where the detriment in question amounts to dismissal (within the meaning of Part 10).

• (6) For the purposes of this section, a shop worker who does not do shop work for additional hours on Sunday or on a particular Sunday is not to be regarded as having been subjected to any detriment by—

• (a) a failure to pay remuneration in respect of doing shop work for additional hours on Sunday which the shop worker has not done, or

• (b) a failure to provide any other benefit where the failure results from the application (in relation to a Sunday on which the shop worker has not done shop work for additional hours) of a contractual term under which the extent of the benefit varies according to the number of hours worked by, or the remuneration paid to, the shop worker.

• (7) Subsections (8) and (9) apply where—

• (a) an employer offers to pay a sum specified in the offer to a shop worker if he or she agrees to do shop work for additional hours on Sunday or on a particular Sunday, and

• (b) the shop worker—

• (i) has given an objection notice to the employer that has not been withdrawn, or

• (ii) is not obliged under a contract of employment to do shop work for additional hours on Sunday.

• (8) A shop worker to whom the offer is not made is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure—

• (a) to make the offer to the shop worker, or

• (b) to pay the shop worker the sum specified in the offer.

• (9) A shop worker who does not accept the offer is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure to pay the shop worker the sum specified in the offer.

• (10) In this section—

• “additional hours” and “objection notice” have the meanings given by section 41A(2);

• “relevant period” means the period determined by section 43ZA(2) (but subject to section 41D(3)).

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

Protected disclosures.

Complaints to employment tribunals.

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

Complaint to employment tribunal

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

Complaint to employment tribunal: agency workers

Right to paid time off to attend adoption appointments

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

Right to unpaid time off to attend adoption meetings: agency workers

Complaint to employment tribunal: agency workers

Agency workers: supplementary

Placement of looked after children with prospective adopters

Complaints to employment tribunals.

Right to time off for employee representatives.

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

Right to remuneration for time off under section 63A.

Statutory right to make request in relation to study or training

Statutory right to make request in relation to study or training

Complaints to employment tribunals

Compulsory maternity leave.

Section 63D application: supplementary

Sections 71 to 73: supplemental.

Ordinary adoption leave

Entitlement to shared parental leave: adoption

Supplemental.

Special cases.

Entitlement to ... paternity leave: birth

Entitlement to ... paternity leave: birth

Entitlement to ... paternity leave: adoption

Entitlement to additional paternity leave: adoption

Rights during and after paternity leave

Special cases

Chapter 3: supplemental

Statutory right to request contract variation

Reason for dismissal: particular matters

Circumstances in which an employee is dismissed.

Protected disclosure.

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

Tax credits

Pension enrolment

Replacements.

101ZA

• (1) Subsection (2) applies where a shop worker has given an objection notice that has not been withdrawn and he or she is dismissed.

• (2) The shop worker is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or the principal reason) for the dismissal is that he or she refused, or proposed to refuse, to do shop work for additional hours on Sunday or on a particular Sunday.

• (3) Subsection (2) does not apply where the reason (or principal reason) for the dismissal is that the shop worker refused (or proposed to refuse) to do shop work for additional hours on any Sunday or Sundays falling before the end of the relevant period.

• (4) A shop worker who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or principal reason) for the dismissal is that the worker gave (or proposed to give) an objection notice to the employer.

• (5) In this section—

• “additional hours” and “objection notice” have the meanings given by section 41A(2);

• “relevant period” means the period determined by section 43ZA(2) (but subject to section 41D(3)).

Working time cases.

Employee representatives.

Assertion of statutory right.

The national minimum wage.

Study and training

Study and training

The orders.

Application to police.

Upper age limit.

Complaints to employment tribunal.

The remedies: orders and compensation.

The orders.

References to employment tribunals.

Application to police.

Introductory.

Summary dismissal.

Introductory.

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

Shop workers.

Employee’s rights on insolvency of employer.

Debts to which Part applies.

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

Remedy for infringement of certain rights.

Rights and liabilities accruing after death.

Extension of time limits to facilitate conciliation before institution of proceedings

Powers to amend Act.

Period of continuous employment.

Orders and regulations.

Shop workers.

Other definitions.

Financial provisions.

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

Notes:

The national minimum wage.

Flexible working

Redundancy.

Pressure on employer to dismiss unfairly.

Dismissal procedures agreements.

Complaints to employment tribunal.

The remedies: orders and compensation.

Summary dismissal.

Basic award: reductions.

Circumstances in which an employee is dismissed.

Renewal of contract or re-engagement.

House of Lords staff.

Law governing employment.

Associated employers.

Insolvency.

House of Lords staff.

Introductory.

Extension of time limits to facilitate conciliation before institution of proceedings

Introductory.

Reinstatement or re-engagement of dismissed employee.

General.

Shop workers.

Other definitions.

Financial provisions.

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

Notes:

Police officers.

Rights and liabilities accruing after death.

Extension of time limits to facilitate conciliation before institution of proceedings

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

Introductory.

Reinstatement or re-engagement of dismissed employee.

Introductory.

Associated employers.

Normal working hours.

Orders and regulations.

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

Notes:

Application to police of section 44 and related provisions.

Complaints to employment tribunals.

Complaint to employment tribunal

Complaint to employment tribunal

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

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

Right to remuneration for time off under section 57ZJ

Placement of looked after children with prospective adopters

Time off for dependants.

Time off for dependants.

Right to time off for employee representatives.

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

Complaints to employment tribunals.

Employee's duties in relation to agreed study or training

Remedies

Sections 71 to 73: supplemental.

Additional maternity leave.

Redundancy and dismissal.

Ordinary adoption leave

Redundancy and dismissal

Redundancy and dismissal

Complaint to employment tribunal.

Special cases.

Supplemental.

Complaint to employment tribunal.

Entitlement to additional paternity leave: birth

Entitlement to ... paternity leave: adoption

Entitlement to additional paternity leave: adoption

Rights during and after paternity leave

CHAPTER 4 — Parental bereavement leave Bereavement leave

Parental bereavement leave

80EA

• (1) The Secretary of State must make regulations entitling an employee who is a bereaved parent bereaved person to be absent from work on leave under this section.

• (2) For the purposes of subsection (1) an employee is a “bereaved parent” if the employee satisfies conditions specified in the regulations as to relationship with a child who has died.

• (2) For the purposes of subsection (1) an employee is a “bereaved person” if the employee satisfies specified conditions as to relationship with a person who has died.

• (3) The conditions In a case where the person who has died is a child, the conditions specified under subsection (2) may be framed, in whole or in part, by reference to the employee's care of the child before the child's death.

• (3A) For the purposes of subsection (1) an employee is also a “bereaved person” if—

• (a) the employee has suffered a pregnancy loss of a specified kind, or

• (b) the employee satisfies specified conditions as to relationship with—

• (i) a person who has suffered a pregnancy loss of a specified kind, or

• (ii) a child who had been expected to be born had a pregnancy loss of a specified kind not occurred.

• (4) The regulations must include provision for determining—

• (a) the extent of an employee's entitlement to leave under this section in respect of a child;

• (b) when leave under this section may be taken.

• (5) Provision under subsection (4)(a) must secure that where an employee is entitled to leave under this section in respect of the death of a child the employee is entitled to at least two weeks' leave.

• (5A) Provision under subsection (4)(a) must secure that, where an employee is entitled to leave under this section otherwise than in respect of the death of a child, the employee is entitled to at least one week’s leave.

• (6) Provision under subsection (4)(b) must secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child's death the specified day.

• (7) The regulations must secure that where a person is eligible under subsection (1) as the result of the death of more than one child, the person is entitled to leave in respect of each child.

• (7) The regulations must secure that, where an employee is eligible under subsection (1) as the result of the death of more than one person, the employee is entitled to leave in respect of each person.

• (8) The regulations may make provision about how leave under this section is to be taken.

• (9) In this section—

• “child” means a person under the age of 18 (see also section 80EE for the application of this Chapter in relation to stillbirths after twenty-four weeks of pregnancy);

• “live birth” means the birth of a child born alive;

• “pregnancy loss” means—the ending of a pregnancy after less than twenty-four weeks of pregnancy in any way other than by a live birth, orthe failure of an embryo to become implanted following a transfer carried out in the course of providing treatment services within the meaning of the Human Fertilisation and Embryology Act 1990;

• “specified” means specified in the regulations;

• “week” means any period of seven days.

80EB

• (1) Regulations under section 80EA must 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 but for the absence,

• (b) that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and

• (c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80EC(1).

• (2) The reference in subsection (1)(c) to absence on leave under section 80EA includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—

• (a) maternity leave,

• (b) paternity leave,

• (c) adoption leave,

• (d) shared parental leave, ...

• (e) parental leave , and

• (f) neonatal care leave.

• (3) 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 contract of employment, but

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

• (4) Regulations under section 80EA may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.

• (5) Regulations under section 80EA 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.

80EC

• (1) Regulations under section 80EA may make provision about—

• (a) redundancy, or

• (b) dismissal (other than by reason of redundancy),

during a period of leave under that section.

• (2) Provision 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).

80ED

Regulations under section 80EA may—

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

• (b) make provision requiring employers or employees to keep records;

• (c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;

• (d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);

• (e) make special provision for cases where an employee has a right which corresponds to a right under section 80EA and which arises under the person'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 80EA;

• (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 80EA;

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

• (i) make consequential provision.

80EE

In this Chapter—

• (a) references to a child include a child stillborn after twenty-four weeks of pregnancy, and

• (b) references to the death of a child are to be read, in relation to a stillborn child, as references to the birth of the child.

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

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

Procedural fairness

Normal retirement age: dismissal before retirement age

The national minimum wage.

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

Pension enrolment

Leave for family reasons.

Pension enrolment

Working time cases.

Employee shareholder status

Protected disclosure.

The national minimum wage.

Tax credits

Pension enrolment

The remedies: orders and compensation.

Law governing employment.

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

Renewal of contract or re-engagement.

Amount of payments.

The appropriate date.

Remedy for infringement of certain rights.

Period of continuous employment.

Reinstatement or re-engagement of dismissed employee.

General.

Shop workers.

Other definitions.

Financial provisions.

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

Notes:

Request for employment particulars by pre-6 April 2020 employee or pre- TURERA employee

7B

• (1) Where an existing employee (as defined in paragraph 7A(1)) or a pre-TURERA employee (as defined in paragraph 7(1)) at any time—

• (a) on or after 6 April 2020, and

• (b) either before the end of the employee’s employment or within the period of three months beginning with the day on which the employee’s employment ends,

requests from the employer a statement under section 1 of this Act, the employer shall (subject to section 5 and any other provisions disapplying or having the effect of disapplying sections 1 to 4) be treated as being required by section 1 to give him a written statement under that section not later than 1 month after the request is made and section 4 of this Act shall (subject to that) apply in relation to the employee after he makes the request.

• (4) An employer is not required to give an existing employee or a pre-TURERA employee a statement under section 1 pursuant to sub-paragraph (1) on more than one occasion.

• (5) Where—

• (a) on or after 6 April 2020 there is in the case of an existing employee or a pre-TURERA employee a change in any of the matters particulars of which would, had they have been given a statement of particulars on or after 6 April 2020 under section 1 of this Act (as amended), have been included or referred to in the statement, and

• (b) he has not previously requested a statement under sub-paragraph (1),

subsection (1) of section 4 of this Act shall be treated (subject to section 5 and any other provision disapplying or having the effect of disapplying section 4) as requiring his employer to give him a written statement containing particulars of the change at the time specified in subsection (3) of section 4; and the other provisions of section 4 apply accordingly.

• (6) A reference in this paragraph to section 1 or section 4 is a reference to that section as amended by the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018.

Monetary limits in old cases

Application of this Part and related provisions to police

Other interpretative provisions.

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

Protected disclosures.

Flexible working

Complaints to employment tribunals.

Right to remuneration for time off under section 63A.

Employee's duties in relation to agreed study or training

Compulsory maternity leave.

Redundancy and dismissal.

Additional adoption leave

Chapter 1A: supplemental

Entitlement to leave under section 75G: further provision

Entitlement to parental leave.

Entitlement to ... paternity leave: birth

Entitlement to additional paternity leave: birth

Entitlement to ... paternity leave: adoption

Entitlement to additional paternity leave: adoption

Rights during and after paternity leave

Special cases

Chapter 3: supplemental

Remedies

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Normal retirement age: dismissal before retirement age

Working time cases.

Protected disclosure.

The national minimum wage.

Employee shareholder status

The remedies: orders and compensation.

House of Lords staff.

Police officers.

Basic award of two weeks’ pay in certain cases.

Application to police.

The right.

References to employment tribunals.

Powers to amend Act.

Period of continuous employment.

Employee’s rights on insolvency of employer.

Power to extend employment legislation to offshore employment.

Remedy for infringement of certain rights.

Introductory.

Period of continuous employment.

Reinstatement or re-engagement of dismissed employee.

General.

Shop workers.

Other definitions.

Financial provisions.

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7A

• (1) In this paragraph an “existing employee” means an employee whose employment with his employer began on or after 30th November 1993 and before 6th April 2020.

• (2) Subject to paragraph 7B, sections 1 to 7 of this Act apply to an existing employee without the amendments made by regulations 2 to 6 of the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018.

7B

• (1) Where an existing employee (as defined in paragraph 7A(1)) or a pre-TURERA employee (as defined in paragraph 7(1)) at any time—

• (a) on or after 6 April 2020, and

• (b) either before the end of the employee’s employment or within the period of three months beginning with the day on which the employee’s employment ends,