Legalize / United Kingdom / Public General Act

Employment Rights Act 1996

Type Public General Act

Publication 1996-05-22

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

The National Health Service and Community Care Act 1990 (c. 19)

45

(1) The National Health Service and Community Care Act 1990 is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In—

(a) section 20(6), and

(b) section 49(3)(b),

for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.

(4) In section 60(3)—

(a) for “Part VI of the Employment Protection (Consolidation) Act 1978” substitute “ Part XI of the Employment Rights Act 1996 ”, and

(b) for “the said Part VI” substitute “ that Part of that Act ”.

The Enterprise and New Towns (Scotland) Act 1990 (c. 35)

46

In paragraph 17(1) of Schedule 1 to the Enterprise and New Towns (Scotland) Act 1990, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.

The Environmental Protection Act 1990 (c. 43)

47

In paragraph 15 of Schedule 10 to the Environmental Protection Act 1990, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.

The Natural Heritage (Scotland) Act 1991 (c. 28)

48

In paragraph 4 of Schedule 4 to the Natural Heritage (Scotland) Act 1991, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.

The Coal Mining Subsidence Act 1991 (c. 45)

49

In section 30(7) of the Coal Mining Subsidence Act 1991—

(a) for “section 153(4) of the Employment Protection (Consolidation) Act 1978” substitute “ section 231 of the Employment Rights Act 1996 ”, and

(b) for “meaning given by section 153(1) of the Employment Protection (Consolidation) Act 1978” substitute “ same meaning as in the Employment Rights Act 1996 ”.

The Ports Act 1991 (c. 52)

50

In section 24(8) of the Ports Act 1991, for the words from the beginning to “continuous” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.

51

(1) The Social Security Contributions and Benefits Act 1992 is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In—

(a) section 27(2)(b), and

(b) section 28(4),

for “section 81(2) of the Employment Protection (Consolidation) Act 1978” substitute “ section 139(1) of the Employment Rights Act 1996 ”.

(4) In section 112(3)—

(a) in paragraph (a), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”,

(b) in paragraph (b), after “that Act” insert “ or the Trade Union and Labour Relations (Consolidation) Act 1992 ”, and

(c) in paragraph (c), for “the Employment Protection Act 1975” substitute “ the Trade Union and Labour Relations (Consolidation) Act 1992 ”.

(5) In section 171(1), for “section 55(2) to (7) of the Employment Protection (Consolidation) Act 1978” substitute “ Part X of the Employment Rights Act 1996 ”.

The Further and Higher Education Act 1992 (c. 13)

52

(1) The Further and Higher Education Act 1992 is amended as follows.

(2) In section 35—

(a) in subsection (1)(c)—

(i) for “section 84 of the Employment Protection (Consolidation) Act 1978” substitute “ section 138 of the Employment Rights Act 1996 ”, and

(ii) for “Part VI” substitute “ Part XI ”, and

(b) in subsection (2), for “Schedule 13 to” substitute “ Chapter I of Part XIV of ”.

(3) In section 49(2)(b), for “section 81 of the Employment Protection (Consolidation) Act 1978” substitute “ Part XI of the Employment Rights Act 1996 ”.

(4) In section 90(1), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.

The Timeshare Act 1992 (c. 35)

53

In section 1 of the Timeshare Act 1992—

(a) in subsection (3)(b), for “as defined in section 153 of the Employment Protection (Consolidation) Act 1978” substitute “ within the meaning of the Employment Rights Act 1996 ”, and

(b) in subsection (8)(b), for “section 153 of the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.

The Further and Higher Education (Scotland) Act 1992 (c. 37)

54

In section 33(3)(b) of the Further and Higher Education (Scotland) Act 1992, for “section 81 of the Employment Protection (Consolidation) Act 1978” substitute “ section 135 of the Employment Rights Act 1996 ”.

The Museums and Galleries Act 1992 (c. 44)

55

In section 1(7) of the Museums and Galleries Act 1992, for “paragraph 17(3) of Schedule 13 to the Employment Protection (Consolidation) Act 1978” substitute “ section 218(3) of the Employment Rights Act 1996 ”.

The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

56

(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

(2) In section 67(8)—

(a) in paragraph (a), for “paragraph 8(1)(b) of Schedule 14 to the Employment Protection (Consolidation) Act 1978” substitute “ section 227(1)(a) of the Employment Rights Act 1996 ”, and

(b) in paragraph (b), for “section 75” substitute “ section 124(1) ”.

(3) In section 68(11), for “Part I of the Wages Act 1986” substitute “ the Employment Rights Act 1996 ”.

(4) In section 68A(4)—

(a) in paragraph (a), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”, and

(b) in paragraph (b), for “section 1(1) of the Wages Act 1986” substitute “ section 13 of that Act ”.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In section 140(4), for “section 75 of the Employment Protection (Consolidation) Act 1978” substitute “ section 124(1) of the Employment Rights Act 1996 ”.

(7) In—

(a) section 152(1), and

(b) section 153,

for “Part V of the Employment Protection (Consolidation) Act 1978” substitute “ Part X of the Employment Rights Act 1996 ”.

(8) In section 154, for “Section 64 of the Employment Protection (Consolidation) Act 1978 (qualifying period and upper age limit for unfair dismissal protection) does” substitute “ Sections 108 and 109 of the Employment Rights Act 1996 (qualifying period and upper age limit for unfair dismissal protection) do ”.

(9) In section 156—

(a) in subsection (1), for “subsection (7A), (7B) or (9) of section 73 of the Employment Protection (Consolidation) Act 1978” substitute “ section 122 of the Employment Rights Act 1996 ”, and

(b) in subsection (2), for “subsection (7B)” substitute “ subsection (2) ”.

(10) In section 157—

(a) in subsection (1), for “section 73(2) of the Employment Protection (Consolidation) Act 1978” substitute “ section 121 of the Employment Rights Act 1996 ”, and

(b) in subsection (2), for “section 71(2)(b) of the Employment Protection (Consolidation) Act 1978” substitute “ section 117(3)(b) of the Employment Rights Act 1996 ”.

(11) In section 158—

(a) in subsection (2), for “section 71(2)(a) of the Employment Protection (Consolidation) Act 1978” substitute “ section 117(3)(a) of the Employment Rights Act 1996 ”,

(b) in subsection (3), for “section 73(5) of the Employment Protection (Consolidation) Act 1978” substitute “ section 119(4) of the Employment Rights Act 1996 ”, and

(7) Chapter II of Part XIV of the Employment Rights Act 1996 (calculation of a week’s pay) applies for the purposes of this section with the substitution for section 226 of the following— For the purposes of this Chapter

(12) In section 167—

(a) in subsection (1), for “Part V of the Employment Protection (Consolidation) Act 1978” substitute “ Part X of the Employment Rights Act 1996 ”, and

(b) in subsection (2)—

(i) for “section 67 of the Employment Protection (Consolidation) Act 1978” substitute “ section 111 of the Employment Rights Act 1996 ”,

(ii) for “section 68(2) or 71(2)(a)” substitute “ section 112(4) or 117(3)(a) ”, and

(iii) for “section 69” substitute “ section 113 ”.

(13) In section 176(6)—

(a) in paragraph (a), for “paragraph 8(1)(b) of Schedule 14 to the Employment Protection (Consolidation) Act 1978” substitute “ section 227(1)(a) of the Employment Rights Act 1996 ”, and

(b) in paragraph (b), for “section 75” substitute “ section 124(1) ”.

(14) In section 190—

(a) in subsection (4)—

(i) for “Schedule 3 to the Employment Protection (Consolidation) Act 1978” substitute “ sections 87 to 91 of the Employment Rights Act 1996 ”, and

(ii) for “section 49(1)” substitute “ section 86(1) ”, and

(b) in subsection (5)—

(i) for “Schedule 14 to the Employment Protection (Consolidation) Act 1978” substitute “ Chapter II of Part XIV of the Employment Rights Act 1996 ”,

(ii) for “Part II of that Schedule” substitute “ that Chapter ”, and

(iii) for “paragraph 7(1)(k) or (l) of that Schedule” substitute “ section 226(5) ”.

(15) In sections 237(1A) and 238(2A)—

(a) for “section 57A, 57AA or 60 of the Employment Protection (Consolidation) Act 1978 (dismissal in health and safety cases, employee representative and maternity cases)” substitute “ section 99(1) to (3), 100 or 103 of the Employment Rights Act 1996 (dismissal in maternity, health and safety and employee representative cases) ”, and

(b) for “section 59” substitute “ section 105(9) ”.

(16) In section 239—

(a) in subsection (1), for “Part V of the Employment Protection (Consolidation) Act 1978” substitute “ Part X of the Employment Rights Act 1996 ”,

(b) in subsection (2), for “section 67(2)” substitute “ section 111(2) ”, and

(c) in subsection (3), for “sections 57 to 61 of the Employment Protection (Consolidation) Act 1978” substitute “ sections 98 to 106 of the Employment Rights Act 1996 ”.

(17) In section 278(6), for “Subsections (4) to (9) of section 139 of the Employment Protection (Consolidation) Act 1978” substitute “ Subsections (6) to (12) of section 195 of the Employment Rights Act 1996 ”.

(18) In section 282, for subsection (2) substitute—

(2) Chapter I of Part XIV of the Employment Rights Act 1996 (computation of period of continuous employment), and any provision modifying or supplementing that Chapter for the purposes of that Act, apply for the purposes of this section.

(19) In section 298, for “section 55 of the Employment Protection (Consolidation) Act 1978” substitute “ Part X of the Employment Rights Act 1996 ”.

The Tribunals and Inquiries Act 1992 (c. 53)

57

In section 11(2) of the Tribunals and Inquiries Act 1992, for “Subsection (1)” substitute “ This section ”.

58

In section 2(4)(b) of the Social Security Act 1993, for “sections 106(2) and 122(1) of the Employment Protection (Consolidation) Act 1978” substitute “ sections 167(1) and 182 of the Employment Rights Act 1996 ”.

The Education Act 1993 (c. 35)

59

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

The Railways Act 1993 (c. 43)

60

(1) The Railways Act 1993 is amended as follows.

(2) In section 93(5), (6) and (12), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.

(3) In paragraph 6 of Schedule 11, for sub-paragraphs (10) to (12) substitute—

(10) Chapter I of Part XIV of the Employment Rights Act 1996, except section 218(6), shall apply for the purposes of this paragraph as it applies for the purposes of that Act.

The Pension Schemes Act 1993 (c. 48)

61

(1) The Pension Schemes Act 1993 is amended as follows.

(2) In section 123(3), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.

(3) In section 124(4), for “, maternity pay under Part III” onwards substitute “ and any payment such as is referred to in section 184(2) of the Employment Rights Act 1996 ”.

(4) In section 165—

(a) in subsection (7), for “section 137 of the Employment Protection (Consolidation) Act 1978” substitute “ section 201 of the Employment Rights Act 1996 ”, and

(b) in subsection (8), for “section 144(5) of the Employment Protection (Consolidation) Act 1978” substitute “ section 199(5) of the Employment Rights Act 1996 ”.

The Finance Act 1994 (c. 9)

62

In paragraph 27 of Schedule 24 to the Finance Act 1994—

(a) for sub-paragraphs (9) to (11) substitute—

(9) Chapter I of Part XIV of the Employment Rights Act 1996, except section 218(6), shall apply for the purposes of this paragraph as it applies for the purposes of that Act.

, and

(b) in sub-paragraph (13), for “sub-paragraphs (11) and” substitute “ sub-paragraph ”.

The Local Government (Wales) Act 1994 (c. 19)

63

(1) The Local Government (Wales) Act 1994 is amended as follows.

(2) In section 41—

(a) in subsection (1)—

(i) for “section 84 of the Employment Protection (Consolidation) Act 1978” substitute “ section 138 of the Employment Rights Act 1996 ”, and

(ii) for “Part VI” substitute “ Part XI ”, and

(b) in subsection (2), for “Schedule 13 to the Act of 1978” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.

(3) In section 43—

(a) in subsection (6), for “section 82(5) or (6) or 84(3) of the Employment Protection (Consolidation) Act 1978” substitute “ section 138 or 141 of the Employment Rights Act 1996 ”, and

(b) in subsection (7), for “Part VI of the Act of 1978” substitute “ Part XI of the Employment Rights Act 1996 ”.

(4) In section 44—

(a) in subsection (1), for “Part IV, V or VI of the Employment Protection (Consolidation) Act 1978” substitute “ Part IX, X or XI of the Employment Rights Act 1996 ”,

(b) in subsection (3), for “sections 101, 102, 108 and 119 of the Act of 1978” substitute “ sections 164, 165, 170 and 179 of the Employment Rights Act 1996 ”, and

(c) in subsection (4), for “sections 81(4), 82(1) and 101 of the Act of 1978, and in Schedule 4 to that Act,” substitute “ sections 155, 156, 162 and 164 of the Employment Rights Act 1996 ”.

(5) In section 45(5), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.

The Coal Industry Act 1994 (c. 21)

64

In paragraph 4(11) of Schedule 5 to the Coal Industry Act 1994, for the words from the beginning to “that Schedule” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996, except section 218(6), ”.

The Criminal Justice and Public Order Act 1994 (c. 33)

65

In section 126(2) of the Criminal Justice and Public Order Act 1994, for paragraph (a) substitute—

(a) the Trade Union and Labour Relations (Consolidation) Act 1992 and the Employment Rights Act 1996;

The Local Government etc. (Scotland) Act 1994 (c. 39)

66

(1) The Local Government etc. (Scotland) Act 1994 is amended as follows.

(2) In section 10—

(a) in subsection (1)—

(i) for “section 84 of the Employment Protection (Consolidation) Act 1978” substitute “ section 138 of the Employment Rights Act 1996 ”, and

(ii) for “Part VI” substitute “ Part XI ”, and

(b) in subsection (2), for “Schedule 13 to the said Act of 1978” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.

(3) In section 13—

(a) in subsection (5), for the words from “subsections” to “1978” substitute “ section 138 or 141 of the Employment Rights Act 1996 (renewal of contract or re-engagement) ”, and

(b) in subsection (6), for “Part VI of the said Act of 1978” substitute “ Part XI of the Employment Rights Act 1996 ”.

(4) In section 14(1), for “Part VI of the Employment Protection (Consolidation) Act 1978” substitute “ Part XI of the Employment Rights Act 1996 ”.

The Jobseekers Act 1995 (c. 18)

67

(1) The Jobseekers Act 1995 is amended as follows.

(2) In—

(a) section 14(3)(b), and

(b) section 19(7),

for “section 81(2) of the Employment Protection (Consolidation) Act 1978” substitute “ section 139(1) of the Employment Rights Act 1996 ”.

(3) In paragraph 6(2)(a)(i) of Schedule 1, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.

The Environment Act 1995 (c. 25)

68

In paragraph 3 of Schedule 2 to the Environment Act 1995—

(a) in sub-paragraph (6), for “section 84 of the Employment Protection (Consolidation) Act 1978” substitute “ section 138 of the Employment Rights Act 1996 ”, and

(b) in sub-paragraph (7), for “Schedule 13 to the Employment Protection (Consolidation) Act 1978” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.

The Disability Discrimination Act 1995 (c. 50)

69

(1) The Disability Discrimination Act 1995 is amended as follows.

(2) In section 50(9)(a), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.

(3) In section 65(2), for “section 139 of the Employment Protection (Consolidation) Act 1978” substitute “ section 195 of the Employment Rights Act 1996 ”.

SCHEDULE 2

Part I — Transitional provisions and savings

General transitionals and savings

1

The substitution of this Act for the provisions repealed or revoked by this Act does not affect the continuity of the law.

2

(1) Anything done, or having effect as done, (including the making of subordinate legislation) under or for the purposes of any provision repealed or revoked by this Act has effect as if done under or for the purposes of any corresponding provision of this Act.

(2) Sub-paragraph (1) does not apply to the making of any subordinate legislation to the extent that it is reproduced in this Act.

3

Any reference (express or implied) in this Act or any other enactment, or in any instrument or document, to a provision of this Act is (so far as the context permits) to be read as (according to the context) being or including in relation to times, circumstances and purposes before the commencement of this Act a reference to the corresponding provision repealed or revoked by this Act.

4

(1) Any reference (express or implied) in any enactment, or in any instrument or document, to a provision repealed or revoked by this Act is (so far as the context permits) to be read as (according to the context) being or including in relation to times, circumstances and purposes after the commencement of this Act a reference to the corresponding provision of this Act.

(2) In particular, where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments.

5

Paragraphs 1 to 4 have effect in place of section 17(2) of the Interpretation Act 1978 (but are without prejudice to any other provision of that Act).

Preservation of old transitionals and savings

6

(1) The repeal by this Act of an enactment previously repealed subject to savings (whether or not in the repealing enactment) does not affect the continued operation of those savings.

(2) The repeal by this Act of a saving made on the previous repeal of an enactment does not affect the operation of the saving in so far as it remains capable of having effect.

(3) Where the purpose of an enactment repealed by this Act was to secure that the substitution of the provisions of the Act containing that enactment for provisions repealed by that Act did not affect the continuity of the law, the enactment repealed by this Act continues to have effect in so far as it is capable of doing so.

Employment particulars for pre-TURERA employees

7

(1) In this paragraph “pre-TURERA employee” means an employee whose employment with his employer began before 30th November 1993 (the day on which section 26 of the Trade Union Reform and Employment Rights Act 1993 came into force), whether or not the provisions of sections 1 to 6 of the Employment Protection (Consolidation) Act 1978, as they had effect before the substitution made by that section, applied to him before that date.

(2) Subject to the following provisions of this paragraph and paragraph 7B, sections 1 to 7 of this Act do not apply to a pre-TURERA employee (but the provisions of sections 1 to 6 of the Employment Protection (Consolidation) Act 1978, as they had effect before the substitution made by section 26 of the Trade Union Reform and Employment Rights Act 1993, continue in force in his case).

(3) Where a pre-TURERA employee, at any time before 6 April 2020—

(a) on or after the day on which this Act comes into force, and

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

requests from his employer a statement under section 1 of this Act, the employer shall (subject to section 5 and any other provision 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 two months 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 employee a statement under section 1 pursuant to sub-paragraph (3)—

(a) on more than one occasion, or

(b) if he has already given him a statement pursuant to paragraph 3(3) of Schedule 9 to the Trade Union Reform and Employment Rights Act 1993.

(5) Where—

(a) on or after the day on which this Act comes into force there is in the case of a pre-TURERA employee a change in any of the matters particulars of which would, had he been given a statement of particulars on 30th November 1993 under section 1 of the Employment Protection (Consolidation) Act 1978 (as substituted by section 26 of the Trade Union Reform and Employment Rights Act 1993), have been included or referred to in the statement, and

(b) he has not previously requested a statement under sub-paragraph (3) or paragraph 3(3) of Schedule 9 to the Trade Union Reform and Employment Rights Act 1993,

subsections (1) and (6) 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.

Employment particulars for pre-6 April 2020 employees

8

In relation to any case in which (but for this Act) a limit lower than that set by Article 3 of the Employment Protection (Increase of Limits) Order 1995 would have applied in accordance with Article 4 of that Order, this Act has effect as if it reproduced that lower limit.

Shop workers and betting workers to whom old maternity provisions applied

9

(1) This paragraph applies where an employee exercised a right to return to work under Part III of the Employment Protection (Consolidation) Act 1978 at a time when the amendments of that Part made by the Trade Union Reform and Employment Rights Act 1993 did not have effect in her case (so that her right was a right to return to work in the job in which she was employed under the original contract of employment).

(2) Section 36(4) shall have effect as if for paragraph (b) there were substituted—

(b) under her original contract of employment, she was a shop worker, or a betting worker, but was not employed to work only on Sunday.

(3) If the employee was employed as a shop worker under her original contract of employment, she shall not be regarded as failing to satisfy the condition in section 36(2)(a) or (c) or 41(1)(c) merely because during her pregnancy she was employed under a different contract of employment by virtue of section 60(2) of the Employment Protection (Consolidation) Act 1978 (as it had effect before the commencement of section 24 of the Trade Union Reform and Employment Rights Act 1993) or otherwise by reason of her pregnancy.

(4) In this paragraph, and in section 36(4)(b) as substituted by sub-paragraph (2), “original contract of employment” has the meaning given by section 153(1) of the Employment Protection (Consolidation) Act 1978 as originally enacted.

Validity of provisions deriving from certain regulations

10

Any question as to the validity of any of sections 47, 61, 62, 63 and 103, which derive from the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995 made under subsection (2) of section 2 of the European Communities Act 1972, shall be determined as if those provisions were contained in regulations made under that subsection before the repeal of that subsection by section 1 of the European Union (Withdrawal) Act 2018.

Unfair dismissal

11

Part X does not apply to a dismissal from employment under a contract for a fixed term of two years or more (not being a contract of apprenticeship) if—

(a) the contract was made before 28th February 1972, and

(b) the dismissal consists only of the expiry of that term without its being renewed.

Redundancy payments

12

(1) Section 135 does not apply to an employee who immediately before the relevant date is employed under a contract for a fixed term of two years or more (not being a contract of apprenticeship) if the contract was made before 6th December 1965.

(2) Section 197(3) does not apply if the contract was made before 6th December 1965.

Periods of employment

13

(1) The reference in section 215(2)(b) to a person being an employed earner for the purposes of the Social Security Contributions and Benefits Act 1992 in respect of whom a secondary Class 1 contribution was payable under that Act (whether or not it was in fact paid) shall be construed—

(a) as respects a week of employment after 1st June 1976 and before 1st July 1992, as a reference to a person being an employed earner for the purposes of the Social Security Act 1975 in respect of whom a secondary Class 1 contribution was payable under that Act (whether or not it was in fact paid),

(b) as respects a week of employment after 6th April 1975 and before 1st June 1976, as a reference to a person being an employed earner for the purposes of the Social Security Act 1975, and

(c) as respects a week of employment before 6th April 1975, as a reference to a person being an employee in respect of whom an employer’s contribution was payable in respect of the corresponding contribution week (whether or not it was in fact paid).

(2) For the purposes of the application of sub-paragraph (1) to a week of employment where the corresponding contribution week began before 5th July 1948, an employer’s contribution shall be treated as payable as mentioned in that sub-paragraph if such a contribution would have been so payable had the statutory provisions relating to national insurance in force on 5th July 1948 been in force in that contribution week.

(3) The references in subsection (4) of section 215 to the Social Security Contributions and Benefits Act 1992 include the Social Security Act 1975; and that subsection applies to any question arising whether an employer’s contribution was or would have been payable as mentioned in sub-paragraph (1) or (2).

(4) In this paragraph—

“employer’s contribution” has the same meaning as in the National Insurance Act 1965, and

“corresponding contribution week”, in relation to a week of employment, means a contribution week (within the meaning of that Act) of which so much as falls within the period beginning with midnight between Sunday and Monday and ending with Saturday also falls within that week of employment.

14

(1) Subject to paragraph 13 and sub-paragraphs (2) and (3) of this paragraph, Chapter I of Part XIV applies to periods before this Act comes into force as it applies to later periods.

(2) If, during the whole or any part of a week beginning before 6th July 1964, an employee was absent from work—

(a) because he was taking part in a strike, or

(b) because of a lock-out by his employer,

the week counts as a period of employment.

(3) Any week which counted as a period of employment in the computation of a period of employment for the purposes of the Employment Protection (Consolidation) Act 1978 counts as a period of employment for the purposes of this Act; and any week which did not break the continuity of a person’s employment for the purposes of that Act shall not break the continuity of a period of employment for the purposes of this Act.

Part II — Transitory provisions

Occupational pension scheme trustees

15

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

Armed forces

16

(1) If section 31 of the Trade Union Reform and Employment Rights Act 1993 has not come into force before the commencement of this Act, this Act shall have effect until the relevant commencement date as if for section 192 there were substituted—

(192) Section 191— (a) does not apply to service as a member of the naval, military or air forces of the Crown, but (b) does apply to employment by an association established for the purposes of Part XI of the Reserve Forces Act 1996.

(2) The reference in sub-paragraph (1) to the relevant commencement date is a reference—

(a) if an order has been made before the commencement of this Act appointing a day after that commencement as the day on which section 31 of the Trade Union Reform and Employment Rights Act 1993 is to come into force, to the day so appointed, and

(b) otherwise, to such day as the Secretary of State may by order appoint.

17

(1) If Part XI of the Reserve Forces Act 1996 has not come into force before the commencement of this Act, section 192 of this Act shall have effect until the relevant commencement date as if for “Part XI of the Reserve Forces Act 1996” there were substituted “ Part VI of the Reserve Forces Act 1980 ”.

(2) The reference in sub-paragraph (1) to the relevant commencement date is a reference—

(a) if an order has been made before the commencement of this Act appointing a day after that commencement as the day on which Part XI of the Reserve Forces Act 1996 is to come into force, to the day so appointed, and

(b) otherwise, to such day as the Secretary of State may by order appoint.

Disability discrimination

18

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

SCHEDULE 3

Part I — Repeals

Part II — Revocations

Statement of initial particulars: supplementary.

7A

(1) Subsections (2) and (3) apply where—

(a) an employer gives a worker a document in writing in the form of a contract of employment or other worker’s contract or letter of engagement,

(b) the document contains information which, were the document in the form of a statement under section 1, would meet the employer’s obligation under that section in relation to the matters mentioned in that section save for the particulars specified in section 2(4) and, and

(2) The employer’s duty under section 1 in relation to any matter shall be treated as met if the document given to the worker contains information which, were the document in the form of a statement under that section, would meet the employer’s obligation under that section in relation to that matter.

(3) The employer’s duty under section 3 shall be treated as met if the document given to the worker contains information which, were the document in the form of a statement under section 1 and the information included in the form of a note, would meet the employer’s obligation under section 3.

(4) For the purposes of this section a document to which subsection (1)(a) applies shall be treated, in relation to information in respect of any of the matters mentioned in section 1(4), as specifying the date on which the document is given to the worker as the date as at which the information applies.

(5) Where subsection (2) applies in relation to any matter, the date on which the document by virtue of which that subsection applies is given to the worker shall be the material date in relation to that matter for the purposes of section 4(1).

(6) Where subsection (3) applies, the date on which the document by virtue of which that subsection applies is given to the worker shall be the material date for the purposes of section 4(1) in relation to the matters of which particulars are required to be given under section 3.

(7) The reference in section 4(6) to an employer having given a statement under section 1 shall be treated as including his having given a document by virtue of which his duty to give such a statement is treated as met.

7B

A document in the form of a contract of employment or other worker’s contract or letter of engagement given by an employer to a worker before the beginning of the worker’s employment with the employer shall, when the employment begins, be treated for the purposes of section 7A as having been given at that time.

Part IVA — Protected disclosures

43A

In this Act a “ protected disclosure ” means a qualifying disclosure (as defined by section 43B) which is made by a worker in accordance with any of sections 43C to 43H.

43B

(1) In this Part a “ qualifying disclosure ” means any disclosure of information which, in the reasonable belief of the worker making the disclosure, is made in the public interest and tends to show one or more of the following—

(a) that a criminal offence has been committed, is being committed or is likely to be committed,

(b) that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject,

(d) that the health or safety of any individual has been, is being or is likely to be endangered,

(da) that sexual harassment has occurred, is occurring or is likely to occur,

(e) that the environment has been, is being or is likely to be damaged, or

(f) that information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed.

(2) For the purposes of subsection (1), it is immaterial whether the relevant failure occurred, occurs or would occur in the United Kingdom or elsewhere, and whether the law applying to it is that of the United Kingdom or of any other country or territory.

(3) A disclosure of information is not a qualifying disclosure if the person making the disclosure commits an offence by making it.

(4) A disclosure of information in respect of which a claim to legal professional privilege (or, in Scotland, to confidentiality as between client and professional legal adviser) could be maintained in legal proceedings is not a qualifying disclosure if it is made by a person to whom the information had been disclosed in the course of obtaining legal advice.

(5) In this Part “ the relevant failure ”, in relation to a qualifying disclosure, means the matter falling within paragraphs (a) to (f) of subsection (1).

43C

(1) A qualifying disclosure is made in accordance with this section if the worker makes the disclosure ...—

(a) to his employer, or

(b) where the worker reasonably believes that the relevant failure relates solely or mainly to—

(i) the conduct of a person other than his employer, or

(ii) any other matter for which a person other than his employer has legal responsibility,

to that other person.

(2) A worker who, in accordance with a procedure whose use by him is authorised by his employer, makes a qualifying disclosure to a person other than his employer, is to be treated for the purposes of this Part as making the qualifying disclosure to his employer.

43D

A qualifying disclosure is made in accordance with this section if it is made in the course of obtaining legal advice.

43E

A qualifying disclosure is made in accordance with this section if—

(a) the worker’s employer is—

(i) an individual appointed under any enactment (including any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament) by a Minister of the Crown or a member of the Scottish Executive, or

(ii) a body any of whose members are so appointed, and

(b) the disclosure is made ... to a Minister of the Crown or a member of the Scottish Executive .

43F

(1) A qualifying disclosure is made in accordance with this section if the worker—

(a) makes the disclosure ... to a person prescribed by an order made by the Secretary of State for the purposes of this section, and

(b) reasonably believes—

(i) that the relevant failure falls within any description of matters in respect of which that person is so prescribed, and

(ii) that the information disclosed, and any allegation contained in it, are substantially true.

(2) An order prescribing persons for the purposes of this section may specify persons or descriptions of persons, and shall specify the descriptions of matters in respect of which each person, or persons of each description, is or are prescribed.

43G

(1) A qualifying disclosure is made in accordance with this section if—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the worker reasonably believes that the information disclosed, and any allegation contained in it, are substantially true,

(d) any of the conditions in subsection (2) is met, and

(e) in all the circumstances of the case, it is reasonable for him to make the disclosure.

(2) The conditions referred to in subsection (1)(d) are—

(a) that, at the time he makes the disclosure, the worker reasonably believes that he will be subjected to a detriment by his employer if he makes a disclosure to his employer or in accordance with section 43F,

(b) that, in a case where no person is prescribed for the purposes of section 43F in relation to the relevant failure, the worker reasonably believes that it is likely that evidence relating to the relevant failure will be concealed or destroyed if he makes a disclosure to his employer, or

(i) to his employer, or

(ii) in accordance with section 43F.

(3) In determining for the purposes of subsection (1)(e) whether it is reasonable for the worker to make the disclosure, regard shall be had, in particular, to—

(a) the identity of the person to whom the disclosure is made,

(b) the seriousness of the relevant failure,

(d) whether the disclosure is made in breach of a duty of confidentiality owed by the employer to any other person,

(e) in a case falling within subsection (2)(c)(i) or (ii), any action which the employer or the person to whom the previous disclosure in accordance with section 43F was made has taken or might reasonably be expected to have taken as a result of the previous disclosure, and

(f) in a case falling within subsection (2)(c)(i), whether in making the disclosure to the employer the worker complied with any procedure whose use by him was authorised by the employer.

(4) For the purposes of this section a subsequent disclosure may be regarded as a disclosure of substantially the same information as that disclosed by a previous disclosure as mentioned in subsection (2)(c) even though the subsequent disclosure extends to information about action taken or not taken by any person as a result of the previous disclosure.

43H

(1) A qualifying disclosure is made in accordance with this section if—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the worker reasonably believes that the information disclosed, and any allegation contained in it, are substantially true,

(d) the relevant failure is of an exceptionally serious nature, and

(e) in all the circumstances of the case, it is reasonable for him to make the disclosure.

(2) In determining for the purposes of subsection (1)(e) whether it is reasonable for the worker to make the disclosure, regard shall be had, in particular, to the identity of the person to whom the disclosure is made.

43J

(1) Any provision in an agreement to which this section applies is void in so far as it purports to preclude the worker from making a protected disclosure.

(2) This section applies to any agreement between a worker and his employer (whether a worker’s contract or not), including an agreement to refrain from instituting or continuing any proceedings under this Act or any proceedings for breach of contract.

43K

(1) For the purposes of this Part “ worker ” includes an individual who is not a worker as defined by section 230(3) but who—

(a) works or worked for a person in circumstances in which—

(i) he is or was introduced or supplied to do that work by a third person, and

(ii) the terms on which he is or was engaged to do the work are or were in practice substantially determined not by him but by the person for whom he works or worked, by the third person or by both of them,

(b) contracts or contracted with a person, for the purposes of that person’s business, for the execution of work to be done in a place not under the control or management of that person and would fall within section 230(3)(b) if for “personally” in that provision there were substituted “(whether personally or otherwise)”,

(ba) works or worked as a person performing services under a contract entered into by him with NHS England under section 83(2), 84, 92, 100, 107, 115(4), 117 or 134 of, or Schedule 12 to, the National Health Service Act 2006 or with a Local Health Board under section 41(2)(b), 42, 50, 57, 64 or 92 of, or Schedule 7 to, the National Health Service (Wales) Act 2006,

(bb) works or worked as a person performing services under a contract entered into by him with a Health Board under section 17J or 17Q of the National Health Service (Scotland) Act 1978,

(i) by NHS England under section 126 of the National Health Service Act 2006, orLocal Health Board under section 71 or 80 of the National Health Service (Wales) Act 2006, or

(ii) by a Health Board under section 2C, 17AA, 17C, . . . 25, 26 or 27 of the National Health Service (Scotland) Act 1978, or

(cb) is or was provided with work experience provided pursuant to a course of education or training approved by, or under arrangements with, the Nursing and Midwifery Council in accordance with article 15(6)(a) of the Nursing and Midwifery Order 2001 (S.I. 2002/253), or

(d) is or was provided with work experience provided pursuant to a training course or programme or with training for employment (or with both) otherwise than—

(i) under a contract of employment, or

(ii) by an educational establishment on a course run by that establishment;

and any reference to a worker’s contract, to employment or to a worker being “ employed ” shall be construed accordingly.

(2) For the purposes of this Part “ employer ” includes—

(a) in relation to a worker falling within paragraph (a) of subsection (1), the person who substantially determines or determined the terms on which he is or was engaged,

(aa) in relation to a worker falling within paragraph (ba) of that subsection, NHS England, or the Local Health Board referred to in that paragraph,

(ab) in relation to a worker falling within paragraph (bb) of that subsection, the Health Board referred to in that paragraph,

(b) in relation to a worker falling within paragraph (c) of that subsection, NHS England or the board referred to in that paragraph, and

(c) in relation to a worker falling within paragraph (cb) or (d) of that subsection, the person providing the work experience or training.

(3) In this section “ educational establishment ” includes any university, college, school or other educational establishment.

(4) The Secretary of State may by order make amendments to this section as to what individuals count as “ workers ” for the purposes of this Part (despite not being within the definition in section 230(3)).

(5) An order under subsection (4) may not make an amendment that has the effect of removing a category of individual unless the Secretary of State is satisfied that there are no longer any individuals in that category.

43KA

(1) For the purposes of—

(a) this Part,

(b) section 47B and sections 48 and 49 so far as relating to that section, and

(c) section 103A and the other provisions of Part 10 so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 103A,

a person who holds, otherwise than under a contract of employment, the office of constable or an appointment as a police cadet shall be treated as an employee employed by the relevant officer under a contract of employment; and any reference to a worker being “ employed ” and to his “ employer ” shall be construed accordingly.

(2) In this section “ the relevant officer ” means—

(a) in relation to a member of a police force or a special constable appointed for a police area, the chief officer of police;

(b) in relation to a member of a police force seconded to the National Crime Agency to serve as a National Crime Agency officer, that Agency; and

(d) in relation to any other person holding the office of constable or an appointment as police cadet, the person who has the direction and control of the body of constables or cadets in question.

43L

(1) In this Part—

“ qualifying disclosure ” has the meaning given by section 43B;

“ the relevant failure ”, in relation to a qualifying disclosure, has the meaning given by section 43B(5);

“sexual harassment” means harassment of the kind described in section 26 (2) of the Equality Act 2010 (unwanted conduct of a sexual nature).

(2) In determining for the purposes of this Part whether a person makes a disclosure for purposes of personal gain, there shall be disregarded any reward payable by or under any enactment.

(3) Any reference in this Part to the disclosure of information shall have effect, in relation to any case where the person receiving the information is already aware of it, as a reference to bringing the information to his attention.

43M

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer on the ground that the employee—

(a) has been summoned under the Juries Act 1974, Part 1 of the Coroners and Justice Act 2009, the Court of Session Act 1988 or the Criminal Procedure (Scotland) Act 1995 to attend for service as a juror, or

(b) has been absent from work because he attended at any place in pursuance of being so summoned.

(2) This section does not apply where the detriment in question amounts to dismissal within the meaning of Part 10.

(3) For the purposes of this section, an employee is not to be regarded as having been subjected to a detriment by a failure to pay remuneration in respect of a relevant period unless under his contract of employment he is entitled to be paid that remuneration.

(4) In subsection (3) “ a relevant period ” means any period during which the employee is absent from work because of his attendance at any place in pursuance of being summoned as mentioned in subsection (1)(a).

Determination of references.

45A

(1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker—

(a) refused (or proposed to refuse) to comply with a requirement which the employer imposed (or proposed to impose) in contravention of the Working Time Regulations 1998,

(b) refused (or proposed to refuse) to forgo a right conferred on him by those Regulations,

(c) failed to sign a workforce agreement for the purposes of those Regulations, or to enter into, or agree to vary or extend, any other agreement with his employer which is provided for in those Regulations,

(d) being—

(i) a representative of members of the workforce for the purposes of Schedule 1 to those Regulations, or

(ii) a candidate in an election in which any person elected will, on being elected, be such a representative,

performed (or proposed to perform) any functions or activities as such a representative or candidate,

(e) brought proceedings against the employer to enforce a right conferred on him by those Regulations, or

(f) alleged that the employer had infringed such a right.

(2) It is immaterial for the purposes of subsection (1)(e) or (f)—

(a) whether or not the worker has the right, or

(b) whether or not the right has been infringed,

but, for those provisions to apply, the claim to the right and that it has been infringed must be made in good faith.

(3) It is sufficient for subsection (1)(f) to apply that the worker, without specifying the right, made it reasonably clear to the employer what the right claimed to have been infringed was.

(4) This section does not apply where a worker is an employee and the detriment in question amounts to dismissal within the meaning of Part X . . ..

(5) A reference in this section to the Working Time Regulations 1998 includes a reference to

(a) the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.

(b) the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.

(d) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58).

47A

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer or the principal (within the meaning of section 63A(3)) done on the ground that, being a person entitled to—

(a) time off under section 63A(1) or (3), and

(b) remuneration under section 63B(1) in respect of that time taken off,

the employee exercised (or proposed to exercise) that right or received (or sought to receive) such remuneration.

(2) . . . This section does not apply where the detriment in question amounts to dismissal (within the meaning of Part X ).

47B

(1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure.

(1A) A worker (“W”) has the right not to be subjected to any detriment by any act, or any deliberate failure to act, done—

(a) by another worker of W's employer in the course of that other worker's employment, or

(b) by an agent of W's employer with the employer's authority,

on the ground that W has made a protected disclosure.

(1B) Where a worker is subjected to detriment by anything done as mentioned in subsection (1A), that thing is treated as also done by the worker's employer.

(1C) For the purposes of subsection (1B), it is immaterial whether the thing is done with the knowledge or approval of the worker's employer.

(1D) In proceedings against W's employer in respect of anything alleged to have been done as mentioned in subsection (1A)(a), it is a defence for the employer to show that the employer took all reasonable steps to prevent the other worker—

(a) from doing that thing, or

(b) from doing anything of that description.

(1E) A worker or agent of W's employer is not liable by reason of subsection (1A) for doing something that subjects W to detriment if—

(a) the worker or agent does that thing in reliance on a statement by the employer that doing it does not contravene this Act, and

(b) it is reasonable for the worker or agent to rely on the statement.

But this does not prevent the employer from being liable by reason of subsection (1B).

(2) . . . This section does not apply where—

(a) the worker is an employee, and

(b) the detriment in question amounts to dismissal (within the meaning of Part X).

(3) For the purposes of this section, and of sections 48 and 49 so far as relating to this section, “ worker ”, “ worker’s contract ”, “ employment ” and “ employer ” have the extended meaning given by section 43K.

47C

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done for a prescribed reason.

(2) A prescribed reason is one which is prescribed by regulations made by the Secretary of State and which relates to—

(a) pregnancy, childbirth or maternity,

(aa) time off under section 57ZE,

(ab) time off under section 57ZJ or 57ZL,

(b) ordinary, compulsory or additional maternity leave,

(ba) ordinary or additional adoption leave,

(bb) shared parental leave,

(bc) carer’s leave,

(ca) ... paternity leave,

(cb) parental bereavement leave,

(cc) neonatal care leave, or

(d) time off under section 57A.

(3) A reason prescribed under this section in relation to parental leave may relate to action which an employee takes, agrees to take or refuses to take under or in respect of a collective or workforce agreement.

(4) Regulations under this section may make different provision for different cases or circumstances.

(5) An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the temporary work agency or the hirer done on the ground that—

(a) being a person entitled to—

(i) time off under section 57ZA, and

(ii) remuneration under section 57ZB in respect of that time off,

the agency worker exercised (or proposed to exercise) that right or received (or sought to receive) that remuneration,

(b) being a person entitled to time off under section 57ZG, the agency worker exercised (or proposed to exercise) that right,

(i) time off under section 57ZN, and

(ii) remuneration under section 57ZO in respect of that time off,

the agency worker exercised (or proposed to exercise) that right or received (or sought to receive) that remuneration, or

(d) being a person entitled to time off under section 57ZP, the agency worker exercised (or proposed to exercise) that right.

(6) Subsection (5) does not apply where the agency worker is an employee.

(7) In this section the following have the same meaning as in the Agency Workers Regulations 2010 ( S.I. 2010/93)—

“agency worker”;

“hirer”;

“temporary work agency”.

47D

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer, done on the ground that—

(a) any action was taken, or was proposed to be taken, by or on behalf of the employee with a view to enforcing, or otherwise securing the benefit of, a right conferred on the employee by regulations under section 25 of the Tax Credits Act 2002,

(b) a penalty was imposed on the employer, or proceedings for a penalty were brought against him, under that Act, as a result of action taken by or on behalf of the employee for the purpose of enforcing, or otherwise securing the benefit of, such a right, or

(2) It is immaterial for the purposes of subsection (1)(a) or (b)—

(a) whether or not the employee has the right, or

(b) whether or not the right has been infringed,

but, for those provisions to apply, the claim to the right and (if applicable) the claim that it has been infringed must be made in good faith.

(3) Subsections (1) and (2) apply to a person who is not an employee within the meaning of this Act but who is an employee within the meaning of section 25 of the Tax Credits Act 2002, with references to his employer in those subsections (and sections 48(2) and (4) and 49(1)) being construed in accordance with that section.

(4) Subsections (1) and (2) do not apply to an employee if the detriment in question amounts to dismissal (within the meaning of Part 10).

47E

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the employee—

(a) made (or proposed to make) an application under section 80F,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.

(2) This section does not apply where the detriment in question amounts to dismissal within the meaning of Part 10.

47F

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground that the employee—

(a) made (or proposed to make) a section 63D application,

(b) exercised (or proposed to exercise) a right conferred on the employee under section 63F,

(d) alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.

(2) This section does not apply if the detriment in question amounts to dismissal within the meaning of Part 10.

Application to police of rights relating to health and safety

49A

(1) For the purposes of section 44, and of sections 48 and 49 so far as relating to that section, the holding, otherwise than under a contract of employment, of the office of constable or an appointment as police cadet shall be treated as employment by the relevant officer under a contract of employment.

(2) In this section “ the relevant officer ”, in relation to—

(a) a person holding the office of constable, or

(b) a person holding an appointment as a police cadet,

means the person who under section 51A of the Health and Safety at Work etc. Act 1974 is to be treated as his employer for the purposes of Part 1 of that Act.

Ante-natal care: agency workers

57ZA

(1) An agency worker who—

(a) is pregnant, and

(b) has, on the advice of a registered medical practitioner, registered midwife or registered nurse, made an appointment to attend at any place for the purpose of receiving ante-natal care,

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 to enable her to keep the appointment. (2) An agency worker is not entitled to be permitted by either of those persons to take time off under this section to keep an appointment unless, if that person requests her to do so, she produces for that person's inspection—

(a) a certificate from a registered medical practitioner, registered midwife or registered nurse stating that the agency worker is pregnant, and

(b) an appointment card or some other document showing that the appointment has been made.

(3) Subsection (2) does not apply where the agency worker's appointment is the first appointment during her pregnancy for which she seeks permission to take time off in accordance with subsection (1). (4) For the purposes of this section the working hours of an agency worker shall 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. (5) In this section references to a registered nurse have the same meaning as in section 55.

57ZB

An agency worker who is permitted to take time off under section 57ZA is entitled to be paid remuneration by the temporary work agency for the period of absence at the appropriate hourly rate.

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.

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.

A right to any amount under subsection (1) does not affect any right of an agency worker in relation to remuneration under her 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 57ZA goes towards discharging any liability of the temporary work agency to pay remuneration under subsection (1) in respect of that period; and, conversely, any payment of remuneration under subsection (1) in respect of a period goes towards discharging any liability of the temporary work agency to pay contractual remuneration in respect of that period.

57ZC

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

(a) has unreasonably refused to permit her to take time off as required by section 57ZA, or

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

An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to permit her to take time off as required by section 57ZA.

An employment tribunal shall 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 date of the appointment concerned, 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.

(3A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (3)(a).

Where an employment tribunal finds a complaint under this section well-founded, the tribunal shall make a declaration to that effect.

If the complaint is that the temporary work agency or hirer has unreasonably refused to permit the agency worker to take time off, the tribunal shall also order payment to the agency worker of an amount that is twice the amount of the remuneration to which she would have been entitled under section 57ZB if she had not been refused the time off.

Where the tribunal orders payment under subsection (5), the amount payable by each party shall 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) 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 she is entitled under section 57ZB, the tribunal shall also order the temporary work agency to pay to the agency worker the amount which it finds due to her.

57ZD

Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law sections 57ZA to 57ZC do not apply where the agency worker—

(a) has not completed the qualifying period, or

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

Nothing in those sections 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.

Those sections do not apply where sections 55 to 57 apply.

In this section and sections 57ZA to 57ZC the following have the same meaning as in the Agency Workers Regulations 2010—

“agency worker”;

“assignment”;

“hirer”;

“qualifying period”;

“temporary work agency”.

Dependants

Determinations: supplementary.

57A

(1) An employee is entitled to be permitted by his employer to take a reasonable amount of time off during the employee’s working hours in order to take action which is necessary—

(a) to provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted,

(b) to make arrangements for the provision of care for a dependant who is ill or injured,

(d) because of the unexpected disruption or termination of arrangements for the care of a dependant, or

(e) to deal with an incident which involves a child of the employee and which occurs unexpectedly in a period during which an educational establishment which the child attends is responsible for him.

(2) Subsection (1) does not apply unless the employee—

(a) tells his employer the reason for his absence as soon as reasonably practicable, and

(b) except where paragraph (a) cannot be complied with until after the employee has returned to work, tells his employer for how long he expects to be absent.

(3) Subject to subsections (4) and (5), for the purposes of this section “ dependant ” means, in relation to an employee—

(a) a spouse or civil partner ,

(b) a child,

(d) a person who lives in the same household as the employee, otherwise than by reason of being his employee, tenant, lodger or boarder.

(4) For the purposes of subsection (1)(a) or (b) “ dependant ” includes, in addition to the persons mentioned in subsection (3), any person who reasonably relies on the employee—

(a) for assistance on an occasion when the person falls ill or is injured or assaulted, or

(b) to make arrangements for the provision of care in the event of illness or injury.

(5) For the purposes of subsection (1)(d) “ dependant ” includes, in addition to the persons mentioned in subsection (3), any person who reasonably relies on the employee to make arrangements for the provision of care.

(6) A reference in this section to illness or injury includes a reference to mental illness or injury.

57B

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

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

(a) before the end of the period of three months beginning with the date when the refusal occurred, 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.

(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

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

(a) shall make a declaration to that effect, and

(b) may make an award of compensation to be paid by the employer to the employee.

(4) The amount of compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—

(a) the employer’s default in refusing to permit time off to be taken by the employee, and

(b) any loss sustained by the employee which is attributable to the matters complained of.

63A

(1) An employee who—

(a) is aged 16 or 17,

(b) is not receiving full-time secondary or further education, and

is entitled to be permitted by his employer to take time off during the employee’s working hours in order to undertake study or training leading to a relevant qualification.

(2) In this section—

(a) “ secondary education ”—

(i) in relation to England and Wales, has the same meaning as in the Education Act 1996, and

(ii) in relation to Scotland, has the same meaning as in section 135(2)(b) of the Education (Scotland) Act 1980;

(b) “ further education ”—

(i) in relation to England and Wales, has the same meaning as in the Education Act 1996, and

(ii) in relation to Scotland, has the same meaning as in section 1(3) of the Further and Higher Education (Scotland) Act 1992; and

(i) would contribute to the attainment of the standard prescribed for the purposes of subsection (1)(c), and

(ii) would be likely to enhance the employee’s employment prospects (whether with his employer or otherwise);

and for the purposes of paragraph (c) “ external qualification ” means an academic or vocational qualification awarded or authenticated by such person or body as may be specified in or under regulations made by the Secretary of State.

(3) An employee who—

(a) satisfies the requirements of paragraphs (a) to (c) of subsection (1), and

(b) is for the time being supplied by his employer to another person (“ the principal ”) to perform work in accordance with a contract made between the employer and the principal,

is entitled to be permitted by the principal to take time off during the employee’s working hours in order to undertake study or training leading to a relevant qualification.

(4) Where an employee—

(a) is aged 18,

(b) is undertaking study or training leading to a relevant qualification, and

subsections (1) and (3) shall apply to the employee, in relation to that study or training, as if “or 18” were inserted at the end of subsection (1)(a).

(5) The amount of time off which an employee is to be permitted to take under this section, and the occasions on which and any conditions subject to which time off may be so taken, are those that are reasonable in all the circumstances having regard, in particular, to—

(a) the requirements of the employee’s study or training, and

(b) the circumstances of the business of the employer or the principal and the effect of the employee’s time off on the running of that business.

(5A) References in this section to an employee do not include a person to whom Part 1 of the Education and Skills Act 2008 (duty to participate in education or training for 16 and 17 year olds in England) applies, or is treated by section 29 of that Act (extension for person reaching 18) as applying.

(6) Regulations made for the purposes of subsections (1)(c) and (2) may make different provision for different cases, and in particular may make different provision in relation to England, Wales and Scotland respectively.

(7) References in this section to study or training are references to study or training on the premises of the employer or (as the case may be) principal or elsewhere.

(8) For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work.

63B

(1) An employee who is permitted to take time off under section 63A is entitled to be paid remuneration by his employer for the time taken off 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 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 his 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 his contract of employment (“ contractual remuneration ”).

(6) Any contractual remuneration paid to an employee in respect of a period of time off under section 63A goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period; and, conversely, any payment of remuneration under subsection (1) in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.

63C

(1) An employee may present a complaint to an employment tribunal that—

(a) his employer, or the principal referred to in subsection (3) of section 63A, has unreasonably refused to permit him to take time off as required by that section, or

(b) his employer has failed to pay the whole or any part of any amount to which the employee is entitled under section 63B.

(2) An employment tribunal shall 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 on which the time off was taken or on which it is alleged the time off should have been permitted, 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.

(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

(3) Where an employment tribunal finds a complaint under this section well-founded, the tribunal shall make a declaration to that effect.

(4) If the complaint is that the employer or the principal has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer or the principal, as the case may be, to pay to the employee an amount equal to the remuneration to which he would have been entitled under section 63B if the employer or the principal had not refused.

(5) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which he is entitled under section 63B, the tribunal shall also order the employer to pay to the employee the amount which it finds due to him.

Part 6A — Study and training

Determinations: supplementary.

63D

(1) A qualifying employee may make an application under this section to his or her employer.

(2) An application under this section (a “section 63D application”) is an application that meets—

(a) the conditions in subsections (3) to (5), and

(b) any further conditions specified by the Secretary of State in regulations.

(3) The application must be made for the purpose of enabling the employee to undertake study or training (or both) within subsection (4).

(4) Study or training is within this subsection if its purpose is to improve—

(a) the employee's effectiveness in the employer's business, and

(b) the performance of the employer's business.

(5) The application must state that it is an application under this section.

(6) An employee is a qualifying employee for the purposes of this section if the employee—

(a) satisfies any conditions about duration of employment specified by the Secretary of State in regulations, and

(b) is not a person within subsection (7).

(7) The following persons are within this subsection—

(a) a person of compulsory school age (or, in Scotland, school age);

(b) a person to whom Part 1 of the Education and Skills Act 2008 (duty to participate in education or training for 16 and 17 year olds) applies;

(c) a person who, by virtue of section 29 of that Act, is treated as a person to whom that Part applies for the purposes specified in that section (extension for person reaching 18);

(d) a person to whom section 63A of this Act (right to time off for young person for study or training) applies;

(e) an agency worker;

(f) a person of a description specified by the Secretary of State in regulations.

(8) Nothing in this Part prevents an employee and an employer from making any other arrangements in relation to study or training.

(9) In this section—

“ agency worker ” means a worker supplied by a person (the “agent”) to do work for another person (the “principal”) under a contract or other arrangement between the agent and principal;

“ compulsory school age ” has the meaning given in section 8 of the Education Act 1996;

“ school age ” has the meaning given in section 31 of the Education (Scotland) Act 1980.

63E

(1) A section 63D application may—

(a) be made in relation to study or training of any description (subject to section 63D(3) and (4) and regulations under section 63D(2));

(b) relate to more than one description of study or training.

(2) The study or training may (in particular) be study or training that (if undertaken)—

(a) would be undertaken on the employer's premises or elsewhere (including at the employee's home);

(b) would be undertaken by the employee while performing the duties of the employee's employment or separately;

(d) would be undertaken without supervision;

(e) would be undertaken within or outside the United Kingdom.

(3) The study or training need not be intended to lead to the award of a qualification to the employee.

(4) A section 63D application must—

(a) give the following details of the proposed study or training—

(i) its subject matter;

(ii) where and when it would take place;

(iii) who would provide or supervise it;

(iv) what qualification (if any) it would lead to;

(b) explain how the employee thinks the proposed study or training would improve—

(i) the employee's effectiveness in the employer's business, and

(ii) the performance of the employer's business;

(5) The Secretary of State may make regulations about—

(a) the form of a section 63D application;

(b) when a section 63D application is to be taken to be received for the purposes of this Part.

63F

(1) Subsections (4) to (7) apply if—

(a) an employer receives a section 63D application (the “current application”) from an employee, and

(b) during the relevant 12 month period the employer has not received another section 63D application (an “earlier application”) from the employee.

(2) The “relevant 12 month period” is the 12 month period ending with the day on which the employer receives the current application.

(3) The Secretary of State may make regulations about circumstances in which, at an employee's request, an employer is to be required to ignore an earlier application for the purposes of subsection (1).

(4) The employer must deal with the application in accordance with regulations made by the Secretary of State.

(5) The employer may refuse a section 63D application only if the employer thinks that one or more of the permissible grounds for refusal applies in relation to the application.

(6) The employer may refuse part of a section 63D application only if the employer thinks that one or more of the permissible grounds for refusal applies in relation to that part.

(7) The permissible grounds for refusal are—

(a) that the proposed study or training to which the application, or the part in question, relates would not improve—

(i) the employee's effectiveness in the employer's business, or

(ii) the performance of the employer's business;

(b) the burden of additional costs;

(d) inability to re-organise work among existing staff;

(e) inability to recruit additional staff;

(f) detrimental impact on quality;

(g) detrimental impact on performance;

(h) insufficiency of work during the periods the employee proposes to work;

(i) planned structural changes;

(j) any other grounds specified by the Secretary of State in regulations.

63G

(1) Regulations under section 63F(4) may, in particular, include provision—

(a) for the employee to have a right to be accompanied by a person of a specified description when attending meetings held in relation to a section 63D application in accordance with any such regulations;

(b) for the postponement of such a meeting if the employee's companion under paragraph (a) is not available to attend it;

(c) in relation to companions under paragraph (a), corresponding to section 10(6) and (7) of the Employment Relations Act 1999 (right to paid time off to act as companion, etc.);

(d) in relation to the rights under paragraphs (a) to (c), for rights to complain to an employment tribunal and not to be subjected to a detriment, and about unfair dismissal;

(e) for section 63D applications to be treated as withdrawn in specified circumstances.

(2) In this section “ specified ” means specified in the regulations.

63H

(1) This section applies if an employer has agreed to a section 63D application, or part of a section 63D application, made by an employee in relation to particular study or training (the “agreed study or training”).

(2) The employee must inform the employer if the employee—

(a) fails to start the agreed study or training;

(b) fails to complete the agreed study or training;

(c) undertakes, or proposes to undertake, study or training that differs from the agreed study or training in any respect (including those specified in section 63E(4)(a)).

(3) The Secretary of State may make regulations about the way in which the employee is to comply with the duty under subsection (2).

63I

(1) An employee who makes a section 63D application may present a complaint to an employment tribunal that—

(a) the employer has failed to comply with section 63F(4), (5) or (6), or

(b) the employer's decision to refuse the application, or part of it, is based on incorrect facts.

This is subject to the following provisions of this section.

(2) No complaint under this section may be made in respect of a section 63D application which has been disposed of by agreement or withdrawn.

(3) In the case of a section 63D application that has not been disposed of by agreement or withdrawn, a complaint under this section may only be made if the employer—

(a) notifies the employee of a decision to refuse the application (or part of it) on appeal, or

(b) commits a breach of regulations under section 63F(4), where the breach is of a description specified by the Secretary of State in regulations.

(4) No complaint under this section may be made in respect of failure to comply with provision included in regulations under section 63F(4) because of—

(a) section 63G(1)(a) or (b), if provision is included in regulations under section 63F(4) by virtue of section 63G(1)(d), or

(b) section 63G(1)(c).

(5) An employment tribunal may not consider a complaint under this section unless the complaint is presented—

(a) before the end of the period of three months beginning with the relevant date, or

(b) within any further period that the tribunal considers reasonable, if the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(6) The relevant date is—

(a) in the case of a complaint permitted by subsection (3)(a), the date on which the employee is notified of the decision on the appeal;

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Employment Rights Act 1996

The National Health Service and Community Care Act 1990 (c. 19)

45

The Enterprise and New Towns (Scotland) Act 1990 (c. 35)

46

The Environmental Protection Act 1990 (c. 43)

47

The Natural Heritage (Scotland) Act 1991 (c. 28)

48

The Coal Mining Subsidence Act 1991 (c. 45)

49

The Ports Act 1991 (c. 52)

50

The Social Security Contributions and Benefits Act 1992 (c. 4)

51

The Further and Higher Education Act 1992 (c. 13)

52

The Timeshare Act 1992 (c. 35)

53

The Further and Higher Education (Scotland) Act 1992 (c. 37)

54

The Museums and Galleries Act 1992 (c. 44)

55

The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

56

The Tribunals and Inquiries Act 1992 (c. 53)

57

The Social Security Act 1993 (c. 3)

58

The Education Act 1993 (c. 35)

59

The Railways Act 1993 (c. 43)

60

The Pension Schemes Act 1993 (c. 48)

61

The Finance Act 1994 (c. 9)

62

The Local Government (Wales) Act 1994 (c. 19)

63

The Coal Industry Act 1994 (c. 21)

64

The Criminal Justice and Public Order Act 1994 (c. 33)

65

The Local Government etc. (Scotland) Act 1994 (c. 39)

66

The Jobseekers Act 1995 (c. 18)

67

The Environment Act 1995 (c. 25)

68

The Disability Discrimination Act 1995 (c. 50)

69

SCHEDULE 2

Part I — Transitional provisions and savings

General transitionals and savings

1

2

3

4

5

Preservation of old transitionals and savings

6

Employment particulars for pre-TURERA employees

7

Employment particulars for pre-6 April 2020 employees

8

Shop workers and betting workers to whom old maternity provisions applied

9

Validity of provisions deriving from certain regulations

10

Unfair dismissal

11

Redundancy payments

12

Periods of employment

13

14

Part II — Transitory provisions

Occupational pension scheme trustees

15

Armed forces