Employment Rights Act 1996

• (b) in the case of a complaint permitted by subsection (3)(b), the date on which the breach was committed.

• (7) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies to subsection (5)(a).

63J

• (1) If an employment tribunal finds a complaint under section 63I well-founded it must make a declaration to that effect and may—

• (a) make an order for reconsideration of the section 63D application;

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

• (2) The amount of any compensation must be the amount the tribunal considers just and equitable in all the circumstances, but must not exceed the permitted maximum.

• (3) The permitted maximum is the number of weeks' pay specified by the Secretary of State in regulations.

• (4) If an employment tribunal makes an order under subsection (1)(a), section 63F and regulations under that section apply as if the application had been received on the date of the order (instead of on the date it was actually received).

63K

Regulations under this Part may make different provision for different cases.

Ending the supply of an agency worker on maternity grounds

68A

(1) For the purposes of this Part the supply of an agency worker to a hirer is ended on maternity grounds if, in consequence of action taken pursuant to a provision listed in subsection (2), the supply of the agency worker to the hirer is ended on the ground that she is pregnant, has recently given birth or is breastfeeding a child. (2) The provisions are—

• (a) regulations 8(3) or 9(2) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997;

• (b) regulation 16A(2) or 17A of the Management of Health and Safety at Work Regulations 1999; or

• (c) regulation 20 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

68B

(1) Where the supply of an agency worker to a hirer is ended on maternity grounds and the temporary work agency has available suitable alternative work, the agency worker has a right to be offered to be proposed for such alternative work. (2) For alternative work to be suitable for an agency worker for the purposes of this section—

• (a) the work must be of a kind which is both suitable in relation to her and appropriate for her to do in the circumstances, and

• (b) the terms and conditions applicable to her whilst performing the work, if they differ from the corresponding terms and conditions which would have applied to her but for the fact that the supply of the agency worker to the hirer was ended on maternity grounds, must not be substantially less favourable to her than those corresponding terms and conditions.

(3) Subsection (1) does not apply—

• (a) where the agency worker has confirmed in writing that she no longer requires the work-finding services of the temporary work agency, or

• (b) beyond the original intended duration, or likely duration, whichever is the longer, of the assignment which ended when the supply of the agency worker to the hirer was ended on maternity grounds.

68C

(1) Where the supply of an agency worker to a hirer is ended on maternity grounds, that agency worker is entitled to be paid remuneration by the temporary work agency. (2) An agency worker is not entitled to remuneration under this section in respect of any period if—

• (a) the temporary work agency has—

• (i) offered to propose the agency worker to a hirer that has alternative work available which is suitable alternative work for her for the purposes of section 68B, or

• (ii) proposed the agency worker to a hirer that has such suitable alternative work available, and that hirer has agreed to the supply of that agency worker, and

• (b) the agency worker has unreasonably refused that offer or to perform that work.

(3) Nothing in this section imposes a duty on the temporary work agency to pay remuneration beyond the original intended duration, or likely duration, whichever is the longer, of the assignment which ended when the supply of the agency worker to the hirer was ended on maternity grounds.

68D

(1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law sections 68A, 68B and 68C 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.

(2) 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. (3) Those sections do not apply where sections 66 to 68 apply. (4) In this section and sections 68A to 68C the following have the same meaning as in the Agency Workers Regulations 2010—

• “agency worker”

• “assignment”;

• “hirer”;

• “qualifying period”;

• “temporary work agency”.

69A

• The amount of remuneration payable by a temporary work agency to an agency worker under section 68C is a week's pay in respect of each week for which remuneration is payable in accordance with section 68C; and if in any week remuneration is payable in respect of only part of that week the amount of a week's pay shall be reduced proportionately.

• A right to remuneration under section 68C does not affect any right of the agency worker in relation to remuneration under the contract with the temporary work agency (“contractual remuneration”).

• Any contractual remuneration paid by the temporary work agency to an agency worker in respect of any period goes towards discharging the temporary work agency's liability under section 68C in respect of that period; and, conversely, any payment of remuneration in discharge of a temporary work agency's liability under section 68C in respect of any period goes towards discharging any obligation of the temporary work agency to pay contractual remuneration in respect of that period.

• For the purposes of subsection (1), a week's pay is the weekly amount that would have been payable to the agency worker for performing the work, according to the terms of the contract with the temporary work agency, but for the fact that the supply of the agency worker to the hirer was ended on maternity grounds.

• Expressions used in this section and sections 68A to 68C have the same meaning as in those sections (see section 68D).

70A

• An agency worker may present a complaint to an employment tribunal that the temporary work agency has failed to pay the whole or any part of remuneration to which the agency worker is entitled under section 68C.

• An employment tribunal shall not consider a complaint under subsection (1) relating to remuneration in respect of any day unless it is presented—

• (a) before the end of the period of three months beginning with the day on which the supply of the agency worker to a hirer was ended on maternity grounds, 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 within that period of three months.

• Where an employment tribunal finds a complaint under subsection (1) well-founded, the tribunal shall order the temporary work agency to pay the agency worker the amount of remuneration which it finds is due to her.

• An agency worker may present a complaint to an employment tribunal that in contravention of section 68B the temporary work agency has failed to offer to propose the agency worker to a hirer that has suitable alternative work available.

• An employment tribunal shall not consider a complaint under subsection (4) unless it is presented—

• (a) before the end of the period of three months beginning with the day on which the supply of the agency worker to a hirer was ended on maternity grounds, 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 within that period of three months.

• Where an employment tribunal finds a complaint under subsection (4) well-founded, the tribunal shall order the temporary work agency to pay the agency worker the amount of compensation which it finds is due to her.

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

• (a) the infringement of the agency worker's right under section 68B by the failure on the part of the temporary work agency to which the complaint relates, and

• (b) any loss sustained by the agency worker which is attributable to that failure.

• (7A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (2)(a) and (5)(a).

• Expressions used in this section and sections 68A to 68C have the same meaning as in those sections (see section 68D).

Part 8A — Flexible working

Determination of complaints.

80F

• (1) A qualifying employee may apply to his employer for a change in his terms and conditions of employment if—

• (a) the change relates to—

• (i) the hours he is required to work,

• (ii) the times when he is required to work,

• (iii) where, as between his home and a place of business of his employer, he is required to work, or

• (iv) such other aspect of his terms and conditions of employment as the Secretary of State may specify by regulations, ...

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

• (2) An application under this section must—

• (a) state that it is such an application, and

• (b) specify the change applied for and the date on which it is proposed the change should become effective, ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) An employee may not—

• (a) make more than two applications under this section to the same employer during any period of 12 months;

• (b) make an application under this section to an employer if another such application to the same employer is proceeding.

• (4A) For the purposes of this section an application is “proceeding” during any of these periods—

• (a) the period—

• (i) beginning when the application is made, and

• (ii) ending when the application is concluded;

• (b) any period—

• (i) beginning when an appeal against a decision to refuse the application is brought, and

• (ii) ending when the appeal is concluded;

• (c) any period—

• (i) beginning when, in accordance with section 80G(1C)(b), the decision period for an application or appeal is extended with retrospective effect, and

• (ii) ending when the application or appeal is concluded.

• (4B) For the purposes of this section an application or appeal is “concluded” when any of these events occurs—

• (a) a decision is made on the application or appeal under section 80G;

• (b) the application or appeal is withdrawn;

• (c) the application or appeal is disposed of by agreement;

• (d) the decision period specified in section 80G for the application or appeal ends without a decision, withdrawal or agreed disposal.

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

• (a) the form of applications under this section, and

• (b) when such an application is to be taken as made.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) For the purposes of this section, an employee is—

• (a) a qualifying employee if he—

• (i) satisfies such conditions as to duration of employment as the Secretary of State may specify by regulations, and

• (ii) is not an agency worker (other than an agency worker who is returning to work from a period of parental leave under regulations under section 76);

• (b) an agency worker if he is supplied by a person (“ the agent ”) to do work for another (“ the principal ”) under a contract or other arrangement made between the agent and the principal.

• (9) Regulations under this section may make different provision for different cases.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80G

• (1) An employer to whom an application under section 80F is made—

• (a) shall deal with the application in a reasonable manner,

• (aza) shall not refuse the application unless the employee has been consulted about the application,

• (aa) shall notify the employee of the decision on the application within the decision period, and

• (b) shall only refuse the application because he considers that one or more of the following grounds applies—

• (i) the burden of additional costs,

• (ii) detrimental effect on ability to meet customer demand,

• (iii) inability to re-organise work among existing staff,

• (iv) inability to recruit additional staff,

• (v) detrimental impact on quality,

• (vi) detrimental impact on performance,

• (vii) insufficiency of work during the periods the employee proposes to work,

• (viii) planned structural changes, and

• (ix) such other grounds as the Secretary of State may specify by regulations.

• (b) may refuse the application only if—

• (i) the employer considers that the application should be refused on a ground or grounds listed in subsection (1ZA), and

• (ii) it is reasonable for the employer to refuse the application on that ground or those grounds.

• (1ZA) The grounds mentioned in subsection (1)(b) are—

• (a) the burden of additional costs;

• (b) detrimental effect on ability to meet customer demand;

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

• (d) inability to recruit additional staff;

• (e) detrimental impact on quality;

• (f) detrimental impact on performance;

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

• (h) planned structural changes;

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

• (1ZB) If an employer refuses an application under section 80F, the notification under subsection (1)(aa) must—

• (a) state the ground or grounds for refusing the application, and

• (b) explain why the employer considers that it is reasonable to refuse the application on that ground or those grounds.

• (1A) If an employer allows an employee to appeal a decision to reject an application, the reference in subsection (1)(aa) to the decision on the application is a reference to—

• (a) the decision on the appeal, or

• (b) if more than one appeal is allowed, the decision on the final appeal.

• (1B) For the purposes of subsection (1)(aa) the decision period applicable to an employee's application under section 80F is—

• (a) the period of two months beginning with the date on which the application is made, or

• (b) such longer period as may be agreed by the employer and the employee.

• (1C) An agreement to extend the decision period in a particular case may be made—

• (a) before it ends, or

• (b) with retrospective effect, before the end of a period of three months beginning with the day after that on which the decision period that is being extended came to an end.

• (1D) An application under section 80F is to be treated as having been withdrawn by the employee if—

• (a) the employee without good reason has failed to attend both the first meeting arranged by the employer to discuss the application and the next meeting arranged for that purpose, or

• (b) where the employer allows the employee to appeal a decision to reject an application or to make a further appeal, the employee without good reason has failed to attend both the first meeting arranged by the employer to discuss the appeal and the next meeting arranged for that purpose,

and the employer has notified the employee that the employer has decided to treat that conduct of the employee as a withdrawal of the application.

• (1E) The steps which an employer must take in order to comply with subsection (1)(aza) include, among others, any steps specified in regulations made by the Secretary of State.

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80H

• (1) An employee who makes an application under section 80F may present a complaint to an employment tribunal—

• (a) that his employer has failed in relation to the application to comply with act in accordance with section 80G(1), ...

• (b) that a decision by his employer to reject the application was based on incorrect facts, or

• (c) that the employer's notification under section 80G(1D) was given in circumstances that did not satisfy one of the requirements in section 80G(1D)(a) and (b).

• (2) No complaint under subsection (1)(a) or (b) may be made in respect of an application which has been disposed of by agreement or withdrawn.

• (3) In the case of an application which has not been disposed of by agreement or withdrawn, no complaint under subsection (1)(a) or (b) may be made until—

• (a) the employer notifies the employee of the employer's decision on the application, or

• (b) if the decision period applicable to the application (see section 80G(1B)) comes to an end without the employer notifying the employee of the employer's decision on the application, the end of the decision period.

• (3A) If an employer allows an employee to appeal a decision to reject an application, a reference in other subsections of this section to the decision on the application is a reference to the decision on the appeal or, if more than one appeal is allowed, the decision on the final appeal.

• (3B) If an agreement to extend the decision period is made as described in section 80G(1C)(b), subsection (3)(b) is to be treated as not allowing a complaint until the end of the extended period.

• (3C) A complaint under subsection (1)(c) may be made as soon as the notification under section 80G(1D) complained of is given to the employee.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) 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 relevant date, 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.

• (6) In subsection (5)(a), the reference to the relevant date is a reference to the first date on which the employee may make a complaint under subsection (1)(a), (b) or (c), as the case may be.

• (7) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (5)(a).

80I

• (1) Where an employment tribunal finds a complaint under section 80H well-founded it shall make a declaration to that effect and may—

• (a) make an order for reconsideration of the application, and

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

• (2) The amount of compensation shall be such amount, not exceeding the permitted maximum, as the tribunal considers just and equitable in all the circumstances.

• (3) For the purposes of subsection (2), the permitted maximum is such number of weeks’ pay as the Secretary of State may specify by regulations.

• (4) Where an employment tribunal makes an order under subsection (1)(a), section 80G... shall apply as if the application had been made on the date of the order.

Disclosures qualifying for protection.

98A

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

98B

• (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that 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) Subsection (1) does not apply in relation to an employee who is dismissed if the employer shows—

• (a) that the circumstances were such that the employee’s absence in pursuance of being so summoned was likely to cause substantial injury to the employer’s undertaking,

• (b) that the employer brought those circumstances to the attention of the employee,

• (c) that the employee refused or failed to apply to the appropriate officer for excusal from or a deferral of the obligation to attend in pursuance of being so summoned, and

• (d) that the refusal or failure was not reasonable.

• (3) In paragraph (c) of subsection (2) “ the appropriate officer ” means—

• (a) in the case of a person who has been summoned under the Juries Act 1974, the officer designated for the purposes of section 8, 9 or, as the case may be, 9A of that Act;

• (b) in the case of a person who has been summoned under the Coroners Act 1988, a person who is the appropriate officer for the purposes of any rules made under subsection (1) of section 32 of that Act by virtue of subsection (2) of that section;

• (c) in the case of a person who has been summoned under the Court of Session Act 1988, either—

• (i) the clerk of court issuing the citation to attend for jury service; or

• (ii) the clerk of the court before which the person is cited to attend for jury service;

• (d) in the case of a person who has been summoned under the Criminal Procedure (Scotland) Act 1995, either—

• (i) the clerk of court issuing the citation to attend for jury service; or

• (ii) the clerk of the court before which the person has been cited to attend for jury service;

and references in that paragraph to a refusal or failure to apply include references to a refusal or failure to give a notice under section 1(2)(b) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980.

Compulsory maternity leave.

101A

• (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

• (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, or

• (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.

• (2) 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.

• (c) the Cross-border Railway Services (Working Time) Regulations 2008

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

103A

An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee made a protected disclosure.

104A

• (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that—

• (a) any action was taken, or was proposed to be taken, by or on behalf of the employee with a view to enforcing, or otherwise securing the benefit of, a right of the employee’s to which this section applies; or

• (b) the employer was prosecuted for an offence under section 31 of the National Minimum Wage Act 1998 as a result of action taken by or on behalf of the employee for the purpose of enforcing, or otherwise securing the benefit of, a right of the employee’s to which this section applies; or

• (c) the employee qualifies, or will or might qualify, for the national minimum wage or for a particular rate of national minimum wage.

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

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

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

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

• (3) The following are the rights to which this section applies—

• (a) any right conferred by, or by virtue of, any provision of the National Minimum Wage Act 1998 for which the remedy for its infringement is by way of a complaint to an employment tribunal; and

• (b) any right conferred by section 17 of the National Minimum Wage Act 1998 (worker receiving less than national minimum wage entitled to additional remuneration).

104B

• (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that—

• (a) any action was taken, or was proposed to be taken, 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

• (c) the employee is entitled, or will or may be entitled, to working tax credit.

• (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.

104C

An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

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

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

• (c) brought proceedings against the employer under section 80H, or

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

Retirement

98ZA

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

98ZB

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

98ZC

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

98ZD

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

98ZE

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

98ZF

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

98ZG

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

98ZH

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

Other dismissals

104E

An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

• (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,

• (c) brought proceedings against the employer under section 63I, or

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

104F

• (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal relates to a prohibited list, and either—

• (a) the employer contravenes regulation 3 of the 2010 Regulations in relation to that prohibited list, or

• (b) the employer—

• (i) relies on information supplied by a person who contravenes that regulation in relation to that list, and

• (ii) knows or ought reasonably to know that the information relied on is supplied in contravention of that regulation.

• (2) If there are facts from which the tribunal could conclude, in the absence of any other explanation, that the employer—

• (a) contravened regulation 3 of the 2010 Regulations, or

• (b) relied on information supplied in contravention of that regulation,

the tribunal must find that such a contravention or reliance on information occurred, unless the employer shows that it did not.

• (3) In this section—

• “ the 2010 Regulations ” means the Employment Relations Act 1999 (Blacklists) Regulations 2010, and

• “ prohibited list ” has the meaning given in those Regulations (see regulation 3(2)).

Entitlement to parental leave.

124A

Where an award of compensation for unfair dismissal falls to be—

• (a) reduced or increased under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 (effect of failure to comply with Code: adjustment of awards), or

• (b) increased under section 38 of that Act (failure to give statement of employment particulars),

the adjustment shall be in the amount awarded under section 118(1)(b) and shall be applied immediately before any reduction under section 123(6) or (7).

127A

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

127B

The right.

134A

• (1) For the purposes of section 100, and of the other provisions of this Part so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 100, 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.

• (3) Subsection (1) does not apply to the holding of the office of constable by a member of a police force on secondment to the National Crime Agency.

Disclosure to legal adviser.

Disclosure of exceptionally serious failure.

Supplementary

Disclosure of exceptionally serious failure.

Mediation in certain cross-border dispute

207A

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

Additional adoption leave

Disclosure to prescribed person.

The Equal Pay Act 1970 (c.41)

The Atomic Energy Authority Act 1971 (c.11)

The Attachment of Earnings Act 1971 (c.32)

The British Library Act 1972 (c.54)

The Health and Safety at Work etc. Act 1974 (c.37)

The Sex Discrimination Act 1975 (c.65)

The Scottish Development Agency Act 1975 (c.69)

The Welsh Development Agency Act 1975 (c.70)

The Lotteries and Amusements Act 1976 (c.32)

The Race Relations Act 1976 (c.74)

The Development of Rural Wales Act 1976 (c.75)

The New Towns (Scotland) Act 1977 (c.16)

The National Health Service (Scotland) Act 1978 (c.29)

The House of Commons (Administration) Act 1978 (c.36)

The New Towns Act 1981 (c.64)

The Wildlife and Countryside Act 1981 (c.69)

The Hops Marketing Act 1982 (c.5)

The Oil and Gas (Enterprise) Act 1982 (c.23)

The Local Government Finance Act 1982 (c.32)

The Administration of Justice Act 1982 (c.53)

The Health and Social Services and Social Security Adjudications Act 1983 (c.41)

The National Audit Act 1983 (c.44)

The National Heritage Act 1983 (c.47)

The National Heritage (Scotland) Act 1985 (c.16)

The Prosecution of Offences Act 1985 (c.23)

The Local Government Act 1985 (c.51)

The Trustee Savings Banks Act 1985 (c.58)

The Housing (Consequential Provisions) Act 1985 (c.71)

The Insolvency Act 1986 (c.45)

The Legal Aid (Scotland) Act 1986 (c.47)

The Debtors (Scotland) Act 1987 (c.18)

The Pilotage Act 1987 (c.21)

The Housing (Scotland) Act 1987 (c.26)

The Consumer Protection Act 1987 (c.43)

The Income and Corporation Taxes Act 1988 (c.1)

The Legal Aid Act 1988 (c.34)

The Education Reform Act 1988 (c.40)

The Local Government Finance Act 1988 (c.41)

The Housing (Scotland) Act 1988 (c.43)

The Health and Medicines Act 1988 (c.49)

The Housing Act 1988 (c.50)

The Dock Work Act 1989 (c.13)

The Electricity Act 1989 (c.29)

The Local Government and Housing Act 1989 (c.42)

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

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

The Environmental Protection Act 1990 (c.43)

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

The Coal Mining Subsidence Act 1991 (c.45)

The Ports Act 1991 (c.52)

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

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

The Timeshare Act 1992 (c.35)

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

The Museums and Galleries Act 1992 (c.44)

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

The Tribunals and Inquiries Act 1992 (c.53)

The Social Security Act 1993 (c.3)

The Education Act 1993 (c.35)

The Railways Act 1993 (c.43)

The Pension Schemes Act 1993 (c.48)

The Finance Act 1994 (c.9)

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

The Coal Industry Act 1994 (c.21)

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

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

The Jobseekers Act 1995 (c.18)

The Environment Act 1995 (c.25)

The Disability Discrimination Act 1995 (c.50)

TABLE OF DERIVATIONS

Complaint to employment tribunal.

1

This Table shows the derivation of the provisions of the consolidation.

2

The following abbreviations are used in the Table—

Editorial notes

[^c16324491]: For the extent of this Act generally, see s. 244; in particular, provisions which refer to shop workers and betting workers extend to England and Wales only

[^c16324501]: Act not in force at Royal Assent: see s. 243

[^c16324511]: This Act has effect with the omission of s. 219(3)(d)(4)(a)(iv) until the relevant commencement date as defined by Sch. 2 Part II para. 18(2) of this Act. See Sch. 2 Part II para. 18.

[^c16324521]: This Act has effect with the omission of sections 46, 58, 59, 60, and 102 until the relevant commencement date as defined by Sch. 2 Part II para 15(2) of this Act. See Sch. 2 Part II para. 15.

[^c16324531]: Act restricted (22.8.1996) by 1996 c. 17, ss. 21, 46 (with s. 38) Act restricted (25.11.1998 for specified purposes and otherwise 8.5.2000) by 1998 c. 45, s. 6, Sch. 3 para. 10; S.I. 1998/2952, art. 2; S.I. 2000/1173, art. 2(2)(b)

[^c16324541]: Act modified (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(2), 55(2), Sch. 4 para. 9(2) Act modified (25.11.1998 for specified purposes and otherwise 8.5.2000) by 1998 c. 45, s. 6, Sch. 3 para. 9(3); S.I. 1998/2952, art. 2; S.I. 2000/1173, art. 2(2)(b) Act modified (27.9.1999) by 1999 c. 22, ss. 105, 108(3), Sch. 14 Pt. II paras. 2(1)(b), 4(b), 7(2), Pt. V para. 33(7)(b) (with Sch. 14 para. 7(2)) Act modified (1.4.2000) by S.I. 2000/935, art. 3 Act modified (S.) (1.4.2000) by 2000 asp 1, s. 10, Sch. 2 para. 8(3); S.S.I. 2000/10, art. 2(3) Act modified (12.1.2000) by 1999 c. 29, s. 410(5) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2 Act modified (3.7.2000) by 1980 c. 66, s. 266B(7) (as inserted (3.7.2000) by 1999 c. 29, s. 265 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(c), Sch. Pt. 3) Act modified (1.11.2000) by 2000 c. 27, s. 3(8), Sch. 3 para. 9; S.I. 2000/2917, art. 2 Act modified (E.W.) (30.11.2000) by 2000 c. 43, ss. 21(4)-(6), 22(5)-(8), 23, 80(3) Act modified (15.1.2001) by 2000 c. 38, ss. 240, 250, Sch. 26 para. 12(b); S.I. 2000/3376, art. 2 Act modified (30.1.2001) by 2000 c. 38, s. 211, Sch. 15 para. 11; S.I. 2001/57, art. 2, Sch. 1 Act modified (30.1.2001) by 2000 c. 38, s. 218, Sch. 19 para. 12(b); S.I. 2001/57, art. 2, Sch. 1 Act modified (1.2.2001) by 2000 c. 38, s. 215(7); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II) Act modified (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 41(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II) Act modified (1.2.2001) by 2000 c. 38, s. 217, Sch. 18 para. 16(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II) Act modified (1.2.2001) by 2000 c. 38, s. 220, Sch. 21 para. 13(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II) Act modified (1.2.2001) by 2000 c. 38, s. 240, Sch. 25 para. 12; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II) Act modified (S.) (prosp.) by 2001 asp 10, ss. 86(3), 113(1)

[^c16324551]: Act applied (1.9.1999) by 1998 c. 31, s. 54, Sch. 16 para. 27(3)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 Act applied (1.9.1999) by 1998 c. 31, s. 55, Sch. 17 paras. 24(4)(b), 27 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 Act applied (with modifications) (1.9.1999) by S.I. 1999/2277, art. 5(1) Act applied (S.) (8.9.2000) by 2000 asp 10, s. 29, Sch. 4 para. 6(3) (with s. 32); S.S.I. 2000/312, art. 2 Act applied (6.11.2000) by 2000 c. 26, s. 118(4)(5); S.I. 2000/2957, art. 2(1), Sch. 1 Act applied (with modifications) (8.12.2002) by The Paternity and Adoption Leave Regulations 2002 (S.I. 2002/2788), reg. 30(2)(b)

[^c16324561]: Act: power to modify conferred (25.2.1999 for certain purposes and otherwise 1.4.1999) by 1999 c. 2, ss. 15(1)(2)(b), 28(2); S.I. 1999/527, art. 2(b), Sch. 2 Act: power to amend conferred (25.10.1999) by 1999 c. 26, s. 19(3)(f); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I Act: power to apply conferred (25.10.1999) by 1999 c. 26, s. 23(1)(b); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I Act: power to amend or apply conferred (8.7.2002) by Employment Act 2002 (c. 22), ss. 45(3)(d)(i), 55(2)

[^c16324571]: Act amended (E.W.) (1.4.2001) by 2000 c. 43, s. 4, Sch. 1 para. 3(5); S.I. 2001/919, art. 2(e) (with art. 3)

[^c16324591]: Words in s. 5(1) substituted (25.10.1999) by 1999 c. 26, s. 32(3); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 7(2))

[^c16324611]: Words in s. 11(1)(2)(4) and sidenote to s. 11 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c16324621]: S. 11: power to apply conferred (1.4.1999) by 1998 c. 39, s. 12(4)(a) (with s. 36); S.I. 1998/2574, art. 2(2), Sch. 2

[^c16324671]: S. 12: power to apply conferred (1.4.1999) by 1998 c. 39, s. 12(4)(a)(with s. 36); S.I. 1998/2574, art. 2(2), Sch. 2

[^c16324681]: Words in s. 12(1)(2)(3) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c16324711]: Pt. 2 modified (1.4.1999) by 1998 c. 39, s. 18(1)(a)(2) (with s. 36); S.I. 1998/2574, art. 2(2), Sch. 2

[^c16324721]: Words in s. 23(1)(2)(4) and sidenote to s. 23 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c16324741]: S. 23(1)(a) extended (1.4.1999) by 1998 c. 39, s. 20(1)(a) (with s. 36); S.I. 1998/2574, art. 2(2), Sch. 2

[^c16324771]: S. 23(5) inserted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 18; S.I. 1998/1658, art. 2(1), Sch. 1 (with art. 3)

[^c16324781]: 1992 c. 52.

[^c16324791]: Words in s. 26 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c16324811]: 1992 c. 4.

[^c16324821]: 1992 c. 52.

[^c16324901]: S. 31(1): power to amend conferred (17.12.1999) by 1999 c. 26, s. 34(1)(a); S.I. 1999/3374, art. 2(a) (with art. 3)

[^c16324921]: S. 31(7) substituted (25.10.1999) by 1999 c. 26, s. 35; S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I

[^c16324931]: Words in s. 34(1)(2)(3) and sidenote to s. 34 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c16325001]: 1949 c. 30.

[^c16325011]: Words in s. 35(5) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c16325031]: S. 37(4)(5)(b) repealed (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 6(a)(c), Sch. 9(2); S.I. 1999/2830, art. 2(3), Sch. 1 Pt. II, Sch. 2 Pt. II (with Sch. 3 paras. 10, 11)

[^c16325041]: Word “and” after s. 37(5)(a) repealed (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 6(b), Sch. 9(2); S.I. 1999/2830, art. 2(2)(3), Sch. 1 Pt. II, Sch. 2 Pt. II (with Sch. 3 paras. 10, 11)

[^c16325061]: Words in s. 42(4)(5) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c16325081]: S. 43(4)(5)(b) repealed (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 7(a)(c), Sch. 9(2); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. II, Sch. 2 Pt. II (with Sch. 3 paras. 10, 11)

[^c16325091]: Word “and” after s. 43(5)(a) repealed (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 7(b), Sch. 9(2); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. II, Sch. 2 Pt. II (with Sch. 3 paras. 10, 11)

[^c16325111]: Pt. IVA (ss. 43A-43L) inserted (2.7.1998 for specified purposes and otherwise 2.7.1999) by 1998 c. 23, s. 1; S.I. 1999/1547, art. 2

[^c16325181]: Words in s. 43E inserted (27.7.2000) by S.I. 2000/2040, art. 2, Sch. Pt. I para. 19(2)(3) (with art. 3)

[^c16325281]: S. 44(1)(ba) inserted (1.10.1996) by S.I. 1996/1513, reg. 8

[^c16325291]: Words in s. 44(4) repealed (25.10.1999) by 1999 c. 26, ss. 18(2)(a), 44, Sch. 9(3); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. I, Sch. 2 Pt. I (with Sch. 3 para. 2)

[^c16325301]: Words in s. 44(4) substituted (25.10.1999) by 1999 c. 26, s. 18(2)(b); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. I (with Sch. 3 para. 2)

[^c16325331]: S. 45A inserted (1.10.1998) by S.I. 1998/1833, reg. 31(1)

[^c16325341]: S.I. 1998/1833

[^c16325351]: Words in s. 45A repealed (25.10.1999) by 1999 c. 26, ss. 18(3), 44, Sch. 9(3); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. I, Sch. 2 Pt. I (with Sch. 3 para. 2(2))

[^c16325421]: S. 46 wholly in force at 6.10.1996, see Sch. 2 para. 15(1) and S.I. 1996/2514, art. 2

[^c16325431]: S. 46 applied (11.11.1999 for specified purposes and otherwise 8.10.2001) by 1999 c. 30, s. 6(1), 89(1)(5)(a) (with s. 8(6)); S.I. 2000/1047, art. 2(2), Sch. Pt. V

[^c16325441]: Words in s. 46(2) repealed (25.10.1999) by 1999 c. 26, ss. 18(2)(a), 44, Sch. 9(3); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. I, Sch. 2 Pt. I (with Sch. 3 para. 2)

[^c16325451]: Words in s. 46(2) substituted (25.10.1999) by 1999 c. 26, s. 18(2)(b); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. I, Sch. 2 Pt. I (with Sch. 3 para. 2(2))

[^c16325461]: S. 46(2A) inserted (11.11.1999 for specified purposes and otherwise 25.4.2000) by 1999 c. 30, s. 18, Sch. 2 para. 19(2); S.I. 2000/1047, art. 2(2), Sch. Pt. II

[^c16325471]: 1993 c. 48.

[^c16325531]: S.I. 1981/1794.

[^c16325541]: 1992 c. 52.

[^c16325551]: S. 47(1A) inserted (28.7.1999) by S.I. 1999/1925, reg. 12

[^c16325561]: Words in s. 47(2) repealed (25.10.1999) by 1999 c. 26, ss. 18(2)(a), 44, Sch. 9(3); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. I, Sch. 2 Pt. I (with Sch. 3 para. 2)

[^c16325571]: Words in s. 47(2) substituted (25.10.1999) by 1999 c. 26, s. 18(2)(b); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 2)

[^c16325591]: S. 47A inserted (1.9.1999) by 1998 c. 30, s. 44(1), Sch. 3 para. 10 (with s. 42(8)); S.I. 1999/987, art. 2

[^c16325601]: Words in s. 47A(2) repealed (25.10.1999) by 1999 c. 26, ss. 18(2)(a), 44, Sch. 9(3); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. I, Sch. 2 Pt. I (with Sch. 3 para. 2)

[^c16325611]: Words in s. 47A(2) substituted (25.10.1999) by 1999 c. 26, s. 18(2)(b); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 2)

[^c16325631]: S. 47B inserted (2.7.1999) by 1998 c. 23, s. 2; S.I. 1999/1547, art. 2