LegalizeReform history
Employment Rights Act 1996
100 versions
· 1996-05-22
2026-04-06
Employment Rights Act 1996
2026-03-10
Employment Rights Act 1996
2026-02-18
Employment Rights Act 1996
2026-01-06
Employment Rights Act 1996
2025-12-29
Employment Rights Act 1996
2025-05-01
Employment Rights Act 1996
2025-04-06
Employment Rights Act 1996
2025-01-17
Employment Rights Act 1996
2024-10-01
Employment Rights Act 1996
2024-04-25
Employment Rights Act 1996
2024-04-06
Employment Rights Act 1996
2024-04-01
Employment Rights Act 1996
2024-01-04
Employment Rights Act 1996
2023-12-04
Employment Rights Act 1996
2023-07-31
Employment Rights Act 1996
2023-07-24
Employment Rights Act 1996
2023-04-06
Employment Rights Act 1996
2023-04-01
Employment Rights Act 1996
2023-02-01
Employment Rights Act 1996
2022-12-05
Employment Rights Act 1996
2022-10-21
Employment Rights Act 1996
2022-08-06
Employment Rights Act 1996
Changes on 2022-08-06
@@ -188,7 +188,7 @@
- (2) The fact that section 1 is directed by subsection (1) to apply to a worker as if his employment began on his ceasing to come within the exceptions referred to in that subsection does not affect the obligation under section 1(3)(b) to specify the date on which his employment actually began.
#### Right to time off for public duties.
#### Regulations prohibiting discrimination because of protected disclosure
##### 6
@@ -228,7 +228,7 @@
- (ii) separate figures for different types of work or different rates of pay.
#### Right to unpaid time off to attend adoption appointments
#### Right to remuneration for time off under section 57ZJ
##### 9
@@ -560,7 +560,7 @@
- (3) Where in any legal proceedings the court finds that the employer of a worker in retail employment is (in accordance with section 15 as it applies apart from section 20(1)) entitled to recover an amount from the worker in respect of a cash shortage or stock deficiency, the court shall, in ordering the payment by the worker to the employer of that amount, make such provision as appears to the court to be necessary to ensure that it is paid by the worker at a rate not exceeding that at which it could be recovered from him by the employer in accordance with this section.
#### Shop workers and betting workers who refuse Sunday work.
#### Health and safety cases.
##### 22
@@ -1445,9 +1445,9 @@
- (8) In subsection (2)(e) “*a relevant health body*” means—
- (za) the National Health Service Commissioning Board,
- (zb) a clinical commissioning group established under section 14D of the National Health Service Act 2006,” and
- (za) NHS England,
- (zb) an integrated care board established under section [14Z25](#p00255) of the National Health Service Act 2006,
- (a) a National Health Service trust established under section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006 or the National Health Service (Scotland) Act 1978,
@@ -6135,9 +6135,9 @@
- (10) The following are health service employers for the purposes of subsections (8) and (9)—
- (za) the National Health Service Commissioning Board,
- (zb) a clinical commissioning group established under section 14D of the National Health Service Act 2006,
- (za) NHS England,
- (zb) an integrated care board established under section 14Z25 of the National Health Service Act 2006,
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
@@ -7824,7 +7824,7 @@
## Part II — Revocations
#### Statement of initial particulars: supplementary.
#### Statement of initial employment particulars.
##### 7A
@@ -8004,13 +8004,13 @@
- (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 the National Health Service Commissioning Board 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,
- (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,
- (c) works or worked as a person providing services in accordance with arrangements made—
- (i) by the National Health Service Commissioning Board 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
- (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
@@ -8028,11 +8028,11 @@
- (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, the National Health Service Commissioning Board, or the Local Health Board referred to in that paragraph,
- (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, the authority or board referred to in that paragraph, and
- (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.
@@ -8570,7 +8570,7 @@
## Part 6A — Study and training
#### Determinations: supplementary.
#### Determination of complaints.
##### 63D
@@ -11304,8 +11304,6 @@
[^key-7e6cbcb272fb1d25393aba445dd6e977]: S. 108(3)(gj) inserted (30.6.2012) by [Pensions Act 2008 (c. 30)](https://www.legislation.gov.uk/ukpga/2008/30), [ss. 57(5)](https://www.legislation.gov.uk/ukpga/2008/30/section/57/5), [149(1)](https://www.legislation.gov.uk/ukpga/2008/30/section/149/1); [S.I. 2012/1682](https://www.legislation.gov.uk/uksi/2012/1682), [art. 2](https://www.legislation.gov.uk/uksi/2012/1682/article/2), [Sch. 2](https://www.legislation.gov.uk/uksi/2012/1682/schedule/2)
[^key-5ee393624694bc14d0d96d3e6943239b]: S. 50(8)(za)(zb) inserted (1.10.2012) by [Health and Social Care Act 2012 (c. 7)](https://www.legislation.gov.uk/ukpga/2012/7), [s. 306(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/4), [Sch. 5 para. 74(a)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/5/paragraph/74/a); [S.I. 2012/1831](https://www.legislation.gov.uk/uksi/2012/1831), [art. 2(2)](https://www.legislation.gov.uk/uksi/2012/1831/article/2/2)
[^key-84c570e55fd80b47cbeb028c2d50b347]: S. 218(10)(za)(zb) inserted (1.10.2012) by [Health and Social Care Act 2012 (c. 7)](https://www.legislation.gov.uk/ukpga/2012/7), [s. 306(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/4), [Sch. 5 para. 75(a)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/5/paragraph/75/a); [S.I. 2012/1831](https://www.legislation.gov.uk/uksi/2012/1831), [art. 2(2)](https://www.legislation.gov.uk/uksi/2012/1831/article/2/2)
[^key-43fc68ace286fba3feb19d208dd3941c]: S. 50(2)(c) omitted (22.11.2012) by virtue of [Police Reform and Social Responsibility Act 2011 (c. 13)](https://www.legislation.gov.uk/ukpga/2011/13), [s. 157(1)](https://www.legislation.gov.uk/ukpga/2011/13/section/157/1), [Sch. 16 para. 219](https://www.legislation.gov.uk/ukpga/2011/13/schedule/16/paragraph/219); [S.I. 2012/2892](https://www.legislation.gov.uk/uksi/2012/2892), [art. 2(i)](https://www.legislation.gov.uk/uksi/2012/2892/article/2/i)
@@ -11316,10 +11314,6 @@
[^key-07ca51a9d11bb1bd4df03d0629c4c664]: Words in s. 80F(8)(a)(ii) inserted (8.3.2013) by [The Parental Leave (EU Directive) Regulations 2013 (S.I. 2013/283)](https://www.legislation.gov.uk/uksi/2013/283), [regs. 1](https://www.legislation.gov.uk/uksi/2013/283/regulation/1), [2](https://www.legislation.gov.uk/uksi/2013/283/regulation/2)
[^key-6a7fb1514f0a40cf351cf97db5375b03]: Words in s. 43K(1)(c)(i) substituted (1.4.2013) by [Health and Social Care Act 2012 (c. 7)](https://www.legislation.gov.uk/ukpga/2012/7), [s. 306(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/4), [Sch. 5 para. 73(b)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/5/paragraph/73/b); [S.I. 2013/160](https://www.legislation.gov.uk/uksi/2013/160), [art. 2(2)](https://www.legislation.gov.uk/uksi/2013/160/article/2/2) (with [arts. 7-9](https://www.legislation.gov.uk/uksi/2013/160/article/7))
[^key-a22b3fd6a4c23507c9e986274dcacf3e]: Words in s. 43K(1)(ba) substituted (1.4.2013) by [Health and Social Care Act 2012 (c. 7)](https://www.legislation.gov.uk/ukpga/2012/7), [s. 306(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/4), [Sch. 5 para. 73(a)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/5/paragraph/73/a); [S.I. 2013/160](https://www.legislation.gov.uk/uksi/2013/160), [art. 2(2)](https://www.legislation.gov.uk/uksi/2013/160/article/2/2) (with [arts. 7-9](https://www.legislation.gov.uk/uksi/2013/160/article/7))
[^key-1420353db3bfaa0a0a3cb1c0e6308034]: Words in s. 43K(2)(aa) substituted (1.4.2013) by [Health and Social Care Act 2012 (c. 7)](https://www.legislation.gov.uk/ukpga/2012/7), [s. 306(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/4), [Sch. 5 para. 73(c)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/5/paragraph/73/c); [S.I. 2013/160](https://www.legislation.gov.uk/uksi/2013/160), [art. 2(2)](https://www.legislation.gov.uk/uksi/2013/160/article/2/2) (with [arts. 7-9](https://www.legislation.gov.uk/uksi/2013/160/article/7))
[^key-1da1cc364dd31c4b103fe1e320927645]: Words in s. 50(8)(b) omitted (1.4.2013) by virtue of [Health and Social Care Act 2012 (c. 7)](https://www.legislation.gov.uk/ukpga/2012/7), [s. 306(4)](https://www.legislation.gov.uk/ukpga/2012/7/section/306/4), [Sch. 5 para. 74(b)(i)](https://www.legislation.gov.uk/ukpga/2012/7/schedule/5/paragraph/74/b/i); [S.I. 2013/160](https://www.legislation.gov.uk/uksi/2013/160), [art. 2(2)](https://www.legislation.gov.uk/uksi/2013/160/article/2/2) (with [arts. 7-9](https://www.legislation.gov.uk/uksi/2013/160/article/7))
@@ -12214,6 +12208,26 @@
[^key-1ea05877e335e92192e96a8d5eb26d2f]: [Ss. 210-219](https://www.legislation.gov.uk/ukpga/1996/18/section/210) applied (22.4.2022) by [The Agricultural Wages (Wales) Order 2022 (S.I. 2022/417)](https://www.legislation.gov.uk/wsi/2022/417), [arts. 1(2)](https://www.legislation.gov.uk/wsi/2022/417/article/1/2), [2(3)](https://www.legislation.gov.uk/wsi/2022/417/article/2/3)
[^key-0a3f2af7f0c680dfe9a5b1e4ea198777]: Words in [s. 43K](https://www.legislation.gov.uk/ukpga/1996/18/section/43K) substituted (1.7.2022) by [Health and Care Act 2022 (c. 31)](https://www.legislation.gov.uk/ukpga/2022/31), [s. 186(6)](https://www.legislation.gov.uk/ukpga/2022/31/section/186/6), [Sch. 1 para. 1(1)](https://www.legislation.gov.uk/ukpga/2022/31/schedule/1/paragraph/1/1)[(2)](https://www.legislation.gov.uk/ukpga/2022/31/schedule/1/paragraph/1/2); [S.I. 2022/734](https://www.legislation.gov.uk/uksi/2022/734), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2022/734/regulation/2/a), [Sch.](https://www.legislation.gov.uk/uksi/2022/734/schedule) (with [regs. 13](https://www.legislation.gov.uk/uksi/2022/734/regulation/13), [29](https://www.legislation.gov.uk/uksi/2022/734/regulation/29), [30](https://www.legislation.gov.uk/uksi/2022/734/regulation/30))
[^key-09168e7742d157e71e4e654cd0ec4571]: Words in [s. 43K(2)(b)](https://www.legislation.gov.uk/ukpga/1996/18/section/43K/2/b) substituted (1.7.2022) by [Health and Care Act 2022 (c. 31)](https://www.legislation.gov.uk/ukpga/2022/31), [s. 186(6)](https://www.legislation.gov.uk/ukpga/2022/31/section/186/6), [Sch. 1 para. 5](https://www.legislation.gov.uk/ukpga/2022/31/schedule/1/paragraph/5); [S.I. 2022/734](https://www.legislation.gov.uk/uksi/2022/734), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2022/734/regulation/2/a), [Sch.](https://www.legislation.gov.uk/uksi/2022/734/schedule) (with [regs. 13](https://www.legislation.gov.uk/uksi/2022/734/regulation/13), [29](https://www.legislation.gov.uk/uksi/2022/734/regulation/29), [30](https://www.legislation.gov.uk/uksi/2022/734/regulation/30))
[^key-2dbee6bbccdb7b8a036212bcd94430c1]: Words in [s. 49B](https://www.legislation.gov.uk/ukpga/1996/18/section/49B) substituted (1.7.2022) by [Health and Care Act 2022 (c. 31)](https://www.legislation.gov.uk/ukpga/2022/31), [s. 186(6)](https://www.legislation.gov.uk/ukpga/2022/31/section/186/6), [Sch. 1 para. 1(1)](https://www.legislation.gov.uk/ukpga/2022/31/schedule/1/paragraph/1/1)[(2)](https://www.legislation.gov.uk/ukpga/2022/31/schedule/1/paragraph/1/2); [S.I. 2022/734](https://www.legislation.gov.uk/uksi/2022/734), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2022/734/regulation/2/a), [Sch.](https://www.legislation.gov.uk/uksi/2022/734/schedule) (with [regs. 13](https://www.legislation.gov.uk/uksi/2022/734/regulation/13), [29](https://www.legislation.gov.uk/uksi/2022/734/regulation/29), [30](https://www.legislation.gov.uk/uksi/2022/734/regulation/30))
[^key-3189941926e174a89542b1b1124ca9f0]: [S. 49B(7)(b)](https://www.legislation.gov.uk/ukpga/1996/18/section/49B/7/b) substituted (1.7.2022) by [Health and Care Act 2022 (c. 31)](https://www.legislation.gov.uk/ukpga/2022/31), [s. 186(6)](https://www.legislation.gov.uk/ukpga/2022/31/section/186/6), [Sch. 4 para. 47](https://www.legislation.gov.uk/ukpga/2022/31/schedule/4/paragraph/47); [S.I. 2022/734](https://www.legislation.gov.uk/uksi/2022/734), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2022/734/regulation/2/a), [Sch.](https://www.legislation.gov.uk/uksi/2022/734/schedule) (with [regs. 13](https://www.legislation.gov.uk/uksi/2022/734/regulation/13), [29](https://www.legislation.gov.uk/uksi/2022/734/regulation/29), [30](https://www.legislation.gov.uk/uksi/2022/734/regulation/30))
[^key-5640778640b8918b183b325597b79fbb]: [S. 49B(7)(k)](https://www.legislation.gov.uk/ukpga/1996/18/section/49B/7/k) omitted (1.7.2022) by virtue of [Health and Care Act 2022 (c. 31)](https://www.legislation.gov.uk/ukpga/2022/31), [s. 186(6)](https://www.legislation.gov.uk/ukpga/2022/31/section/186/6), [Sch. 5 para. 7](https://www.legislation.gov.uk/ukpga/2022/31/schedule/5/paragraph/7); [S.I. 2022/734](https://www.legislation.gov.uk/uksi/2022/734), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2022/734/regulation/2/a), [Sch.](https://www.legislation.gov.uk/uksi/2022/734/schedule) (with [regs. 13](https://www.legislation.gov.uk/uksi/2022/734/regulation/13), [29](https://www.legislation.gov.uk/uksi/2022/734/regulation/29), [30](https://www.legislation.gov.uk/uksi/2022/734/regulation/30))
[^key-e87d69af3bdf5c36b5b6c12bc577184c]: Words in [s. 50](https://www.legislation.gov.uk/ukpga/1996/18/section/50) substituted (1.7.2022) by [Health and Care Act 2022 (c. 31)](https://www.legislation.gov.uk/ukpga/2022/31), [s. 186(6)](https://www.legislation.gov.uk/ukpga/2022/31/section/186/6), [Sch. 1 para. 1(1)](https://www.legislation.gov.uk/ukpga/2022/31/schedule/1/paragraph/1/1)[(2)](https://www.legislation.gov.uk/ukpga/2022/31/schedule/1/paragraph/1/2); [S.I. 2022/734](https://www.legislation.gov.uk/uksi/2022/734), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2022/734/regulation/2/a), [Sch.](https://www.legislation.gov.uk/uksi/2022/734/schedule) (with [regs. 13](https://www.legislation.gov.uk/uksi/2022/734/regulation/13), [29](https://www.legislation.gov.uk/uksi/2022/734/regulation/29), [30](https://www.legislation.gov.uk/uksi/2022/734/regulation/30))
[^key-83ce135f4ea0348bbfa47707e930cd84]: [S. 50(8)(zb)](https://www.legislation.gov.uk/ukpga/1996/18/section/50/8/zb) substituted (1.7.2022) by [Health and Care Act 2022 (c. 31)](https://www.legislation.gov.uk/ukpga/2022/31), [s. 186(6)](https://www.legislation.gov.uk/ukpga/2022/31/section/186/6), [Sch. 4 para. 48](https://www.legislation.gov.uk/ukpga/2022/31/schedule/4/paragraph/48); [S.I. 2022/734](https://www.legislation.gov.uk/uksi/2022/734), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2022/734/regulation/2/a), [Sch.](https://www.legislation.gov.uk/uksi/2022/734/schedule) (with [regs. 13](https://www.legislation.gov.uk/uksi/2022/734/regulation/13), [29](https://www.legislation.gov.uk/uksi/2022/734/regulation/29), [30](https://www.legislation.gov.uk/uksi/2022/734/regulation/30))
[^key-2aca0082d991c5c5f2c251e0c15420c4]: Words in [s. 218](https://www.legislation.gov.uk/ukpga/1996/18/section/218) substituted (1.7.2022) by [Health and Care Act 2022 (c. 31)](https://www.legislation.gov.uk/ukpga/2022/31), [s. 186(6)](https://www.legislation.gov.uk/ukpga/2022/31/section/186/6), [Sch. 1 para. 1(1)](https://www.legislation.gov.uk/ukpga/2022/31/schedule/1/paragraph/1/1)[(2)](https://www.legislation.gov.uk/ukpga/2022/31/schedule/1/paragraph/1/2); [S.I. 2022/734](https://www.legislation.gov.uk/uksi/2022/734), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2022/734/regulation/2/a), [Sch.](https://www.legislation.gov.uk/uksi/2022/734/schedule) (with [regs. 13](https://www.legislation.gov.uk/uksi/2022/734/regulation/13), [29](https://www.legislation.gov.uk/uksi/2022/734/regulation/29), [30](https://www.legislation.gov.uk/uksi/2022/734/regulation/30))
[^key-1bada281822f728cf7219c2a932295ca]: [S. 218(10)(zb)](https://www.legislation.gov.uk/ukpga/1996/18/section/218/10/zb) substituted (1.7.2022) by [Health and Care Act 2022 (c. 31)](https://www.legislation.gov.uk/ukpga/2022/31), [s. 186(6)](https://www.legislation.gov.uk/ukpga/2022/31/section/186/6), [Sch. 4 para. 49](https://www.legislation.gov.uk/ukpga/2022/31/schedule/4/paragraph/49); [S.I. 2022/734](https://www.legislation.gov.uk/uksi/2022/734), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2022/734/regulation/2/a), [Sch.](https://www.legislation.gov.uk/uksi/2022/734/schedule) (with [regs. 13](https://www.legislation.gov.uk/uksi/2022/734/regulation/13), [29](https://www.legislation.gov.uk/uksi/2022/734/regulation/29), [30](https://www.legislation.gov.uk/uksi/2022/734/regulation/30))
[^key-99307445b30dd5592a3e60b5d8ffa0d1]: Ss. 210-219 applied (E.W.) (6.8.2022 with effect from 1.4.2022) by [The Agricultural Wages (No. 2) (Wales) Order 2022 (S.I. 2022/794)](https://www.legislation.gov.uk/uksi/2022/794), [arts. 1](https://www.legislation.gov.uk/uksi/2022/794/article/1), [2(3)](https://www.legislation.gov.uk/uksi/2022/794/article/2/3)
#### Remedies.
### Chapter I — MATERNITY LEAVE
@@ -12386,7 +12400,7 @@
### Chapter II — PARENTAL LEAVE
#### Contracts with guaranteed hours.
#### Contractual requirements relating to Sunday work.
### Chapter 3 — Paternity leave
@@ -12610,3822 +12624,3822 @@
#### Right to payment for time off under section 58.
#### Disclosure to legal adviser.
#### Entitlement to additional paternity leave: birth
#### Basic award of two weeks’ pay in certain cases.
#### Remedies
#### Circumstances in which an employee is dismissed.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Study and training
#### Effective date of termination.
#### Statutory right to request contract variation
#### Disclosure to prescribed person.
#### Replacements.
#### Upper age limit.
#### Disclosure to Minister of the Crown.
#### Disclosure in other cases.
#### Remedies
#### Right to time off for ante-natal care.
#### Contractual requirements relating to Sunday work.
#### Right to time off for employee representatives.
#### Disclosures qualifying for protection.
#### Disclosure to employer or other responsible person.
#### Complaints to employment tribunals.
#### Disclosure in other cases.
#### Contractual duties of confidentiality.
#### Chapter 3: supplemental
#### Statutory right to request contract variation
#### Death of employer: lay-off and short-time.
#### Disclosure of exceptionally serious failure.
#### Statutory right to make request in relation to study or training
#### Tax credits
#### Disclosure in other cases.
#### Basic award of two weeks’ pay in certain cases.
#### Application to police.
#### Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
#### Disclosure to prescribed person.
#### Death of employee.
#### Disclosure to employer or other responsible person.
#### Disclosure to legal adviser.
#### Right to remuneration for time off under section 55.
#### Application to police.
#### Summary dismissal.
#### Disclosure of exceptionally serious failure.
#### Disclosure to employer or other responsible person.
#### Law governing employment.
#### Introductory.
#### Replacements.
#### Protected shop workers and betting workers.
#### Exemption orders.
#### Right to time off for young person for study or training.
#### Disclosures qualifying for protection.
#### Complaint to employment tribunal.
#### Employee’s rights on insolvency of employer.
#### Contractual duties of confidentiality.
#### Right to time off for ante-natal care (agency workers)
#### Leave for family and domestic reasons.
#### Disclosure to employer or other responsible person.
#### Law governing employment.
#### Leave for family reasons.
#### Employee’s rights on insolvency of employer.
#### Additional maternity leave.
#### Period of continuous employment.
#### Extension of meaning of “worker” etc. for Part IVA.
#### Complaints to employment tribunals: agency workers
#### Remedies
#### Prescribed persons: duty to report on disclosures of information
#### Introductory.
#### Complaints to employment tribunal.
#### Shop workers and betting workers who refuse Sunday work.
#### Law governing employment.
#### Leave for family reasons.
#### Statutory right to make request in relation to study or training
#### Introductory.
#### Basic award of two weeks’ pay in certain cases.
#### Leave for family reasons.
#### The right.
#### Financial provisions.
#### Remedies.
#### Period of continuous employment.
#### Health and safety cases.
#### Protected disclosure.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Orders and regulations.
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Additional adoption leave
#### Complaints to employment tribunals: agency workers
#### Ordinary adoption leave
#### Supplemental.
#### Application to police.
#### Health and safety cases.
#### Remedies.
#### Complaints to employment tribunals.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Reinstatement or re-engagement of dismissed employee.
#### Normal working hours.
#### Right to time off to look for work or arrange training.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Entitlement to shared parental leave: birth
#### Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
#### Summary dismissal.
#### Death of employer: lay-off and short-time.
#### References to employment tribunals.
#### Employee’s rights on insolvency of employer.
#### Introductory.
#### Basic award: reductions.
#### Normal working hours.
#### Complaints to employment tribunal.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Redundancy.
#### Complaints to employment tribunal.
#### The orders.
#### Right to time off for employee representatives.
#### Right to time off for young person for study or training.
#### Death of employee.
#### Special cases
#### Insolvency.
#### Remedy for infringement of certain rights.
#### Dismissal procedures agreements.
#### Application of this Part and related provisions to police
#### Other definitions.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
##### 104D
- (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, with a view to enforcing in favour of the employee a requirement to which this section applies;
- (b) the employer was prosecuted for an offence under section 45 of the Pensions Act 2008 as a result of action taken for the purpose of enforcing in favour of the employee a requirement to which this section applies; or
- (c) any provision of Chapter 1 of that Part of that Act applies to the employee, or will or might apply.
- (2) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above—
- (a) whether or not the requirement applies in favour of the employee, or
- (b) whether or not the requirement has been contravened,
but, for that subsection to apply, the claim that the requirement applies and, if applicable, the claim that it has been contravened must be made in good faith.
- (3) This section applies to any requirement imposed on the employer by or under any provision of Chapter 1 of Part 1 of the Pensions Act 2008.
- (4) In this section references to enforcing a requirement include references to securing its benefit in any way.
#### Remedies
#### The right.
#### The orders.
#### Basic award of two weeks’ pay in certain cases.
#### Health and safety cases.
#### Leave for family and domestic reasons.
#### Sunday working for shop and betting workers.
#### The remedies: orders and compensation.
#### Trustees of occupational pension schemes.
#### Employee’s rights on insolvency of employer.
#### Right to time off for public duties.
#### Application of this Part and related provisions to police
#### Right to time off for public duties.
#### Remedies
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Order for reinstatement.
#### Application to police.
#### The right.
#### Health and safety cases.
#### Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
#### Employee’s rights on insolvency of employer.
#### Law governing employment.
#### Leave for family and domestic reasons.
#### Remedies.
#### Entitlement to parental leave.
#### Supplemental.
#### Leave for family and domestic reasons.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Right to time off for young person in Wales or Scotland for study or training.
#### Employer’s duties in relation to application under section 80F
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Replacements.
#### Upper age limit.
#### Complaints to employment tribunal.
#### Trustees of occupational pension schemes.
#### Application to police.
#### Other interpretative provisions.
#### Tax credits
#### Right to time off for public duties.
#### Right to time off for pension scheme trustees.
#### Right to time off for employee representatives.
#### Law governing employment.
#### Right to time off for ante-natal care.
#### Reinstatement or re-engagement of dismissed employee.
#### Complaints to employment tribunals.
#### Right to time off to look for work or arrange training.
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Entitlement to parental leave.
#### Application of this Part and related provisions to police
#### Right to time off for ante-natal care.
#### Right to time off for ante-natal care (agency workers)
#### Time off for dependants.
#### Right to time off for pension scheme trustees.
#### Statutory right to make request in relation to study or training
#### Remedies
#### Exclusions from right to remuneration.
#### Complaints to employment tribunals: agency workers
#### Compulsory maternity leave.
#### Ordinary adoption leave
#### Entitlement to parental leave.
#### Supplemental.
#### Entitlement to ordinarypaternity leave: birth
#### Statutory right to request contract variation
#### Remedies.
#### Remedies
#### The right.
#### Leave for family reasons.
#### Health and safety cases.
#### Right to time off for ante-natal care (agency workers)
#### Leave for family and domestic reasons.
#### Complaints to employment tribunal.
#### Complaint to employment tribunal.
#### Jury service
#### Ordinary adoption leave
#### Entitlement to parental leave.
#### Making of payments.
#### Supplementary
#### References to employment tribunals.
#### Trustees of occupational pension schemes.
#### Chapter 3: supplemental
#### Introductory.
#### Reinstatement or re-engagement of dismissed employee.
#### Complaints to employment tribunals.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Application of this Part and related provisions to police
#### Remedies.
#### Right to time off for ante-natal care.
#### Leave for family and domestic reasons.
#### Tax credits
#### Right to time off for employee representatives.
#### Other interpretative provisions.
#### Complaints to employment tribunals: agency workers
#### Right to time off for public duties.
#### Ordinary adoption leave
#### Health and safety cases.
#### Right to time off for ante-natal care (agency workers)
#### Right to time off to accompany to ante-natal appointment: agency workers
#### Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
#### The right.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Right to time off for pension scheme trustees.
#### Study and training
#### Application to police of section 44 and related provisions.
#### Complaint to employment tribunal
#### Leave for family reasons.
#### Remedies.
#### Study and training
#### Application to police.
#### Regulations prohibiting discrimination because of protected disclosure
#### Death of employer: lay-off and short-time.
#### References to employment tribunals.
#### Employee’s rights on insolvency of employer.
#### Rights during and after shared parental leave
#### Rights during and after shared parental leave
#### Reinstatement or re-engagement of dismissed employee.
#### Entitlement to additional paternity leave: birth
#### Normal working hours.
#### Complaint to employment tribunal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Health and safety cases.
#### Remedies.
#### Right to time off to look for work or arrange training.
#### Right to time off for ante-natal care.
#### Health and safety cases.
#### Right to time off for young person in Wales or Scotland for study or training.
#### Right to remuneration for time off under section 63A.
#### Tax credits
#### Jury service
#### Exclusions from right to remuneration.
#### Health and safety cases.
#### Ordinary adoption leave
#### Sunday working for shop and betting workers.
#### Working time cases.
#### Remedies
#### Complaints to employment tribunals: agency workers
#### Statutory right to request contract variation
#### Employer’s duties in relation to application under section 80F
#### Agency workers: supplementary
#### Time off for dependants.
#### Right to remuneration for time off under section 63A.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Redundancy and dismissal.
#### Study and training
#### Right to payment for time off under section 58.
#### Remedies.
#### Complaint to employment tribunal
#### Complaint to employment tribunal: agency workers
#### Right to paid time off to attend adoption appointments: agency workers
#### Confidentiality of negotiations before termination of employment
##### 111A
- (1) Evidence of pre-termination negotiations is inadmissible in any proceedings on a complaint under section 111.
This is subject to subsections (3) to (5).
- (2) In subsection (1) “ *pre-termination negotiations* ” means any offer made or discussions held, before the termination of the employment in question, with a view to it being terminated on terms agreed between the employer and the employee.
- (3) Subsection (1) does not apply where, according to the complainant's case, the circumstances are such that a provision (whenever made) contained in, or made under, this or any other Act requires the complainant to be regarded for the purposes of this Part as unfairly dismissed.
- (4) In relation to anything said or done which in the tribunal's opinion was improper, or was connected with improper behaviour, subsection (1) applies only to the extent that the tribunal considers just.
- (5) Subsection (1) does not affect the admissibility, on any question as to costs or expenses, of evidence relating to an offer made on the basis that the right to refer to it on any such question is reserved.
#### Right to remuneration for time off under section 57ZN
#### Complaint to employment tribunal: agency workers
#### Complaints to employment tribunals.
#### The right.
#### Summary dismissal.
#### Dismissal procedures agreements.
#### Death of employer: lay-off and short-time.
#### Basic award: reductions.
#### Law governing employment.
#### Introductory.
#### Reinstatement or re-engagement of dismissed employee.
#### Complaint to employment tribunal.
#### Normal working hours.
#### Right to time off for employee representatives.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Jury service
#### Leave for family and domestic reasons.
##### 47G
- (1) An employee has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground that the employee refused to accept an offer by the employer for the employee to become an employee shareholder (within the meaning of section 205A).
- (2) This section does not apply if the detriment in question amounts to dismissal within the meaning of Part 10.
#### Application to police of section 44 and related provisions.
#### Complaints to employment tribunals.
#### Right to time off to look for work or arrange training.
#### Right to time off for ante-natal care (agency workers)
#### Time off for dependants.
#### Trustees of occupational pension schemes.
#### Right to time off for employee representatives.
#### Right to time off for young person in Wales or Scotland for study or training.
#### Statutory right to make request in relation to study or training
#### Exclusions from right to remuneration.
#### Compulsory maternity leave.
#### Right to time off for ante-natal care.
#### Complaints to employment tribunals.
#### Statutory right to request contract variation
#### Additional adoption leave
#### Remedies
#### Leave for family and domestic reasons.
#### Leave for family reasons.
#### Health and safety cases.
#### Remedies.
#### Application to police of section 44 and related provisions.
#### Entitlement to parental leave.
##### 104G
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 refused to accept an offer by the employer for the employee to become an employee shareholder (within the meaning of section 205A).
#### Replacements.
#### Upper age limit.
#### Right to remuneration for time off under section 63A.
#### Exclusions from right to remuneration.
#### Additional adoption leave
#### Placement of looked after children with prospective adopters
#### Application to police.
#### Death of employer: lay-off and short-time.
#### References to employment tribunals.
#### The national minimum wage.
### Employee shareholder status
##### 205A
- (1) An individual who is or becomes an employee of a company is an “ employee shareholder ” if—
- (a) the company and the individual agree that the individual is to be an employee shareholder,
- (b) in consideration of that agreement, the company issues or allots to the individual fully paid up shares in the company, or procures the issue or allotment to the individual of fully paid up shares in its parent undertaking, which have a value, on the day of issue or allotment, of no less than £2,000,
- (c) the company gives the individual a written statement of the particulars of the status of employee shareholder and of the rights which attach to the shares referred to in paragraph (b) (“the employee shares”) (see subsection (5)), and
- (d) the individual gives no consideration other than by entering into the agreement.
- (2) An employee who is an employee shareholder does not have—
- (a) the right to make an application under section 63D (request to undertake study or training),
- (b) the right to make an application under section 80F (request for flexible working),
- (c) the right under section 94 not to be unfairly dismissed, or
- (d) the right under section 135 to a redundancy payment.
- (3) The following provisions are to be read in the case of an employee who is an employee shareholder as if for “8 weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”—
- (a) regulation 11 of the Maternity and Parental Leave etc. Regulations 1999 ( S.I. 1999/3312) (requirement for employee to notify employer of intention to return to work during maternity leave period), and
- (b) regulation 25 of the Paternity and Adoption Leave Regulations 2002 ( S.I. 2002/2788) (corresponding provision for adoption leave).
- (4) Regulation 30 of the Additional Paternity Leave Regulations 2010 ( S.I. 2010/1055) (requirement for employee to notify employer of intention to return to work during additional paternity leave period) is to be read in the case of an employee who is an employee shareholder as if for “six weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”.
- (5) The statement referred to in subsection (1)(c) must—
- (a) state that, as an employee shareholder, the individual would not have the rights specified in subsection (2),
- (b) specify the notice periods that would apply in the individual's case as a result of subsections (3) and (4),
- (c) state whether any voting rights attach to the employee shares,
- (d) state whether the employee shares carry any rights to dividends,
- (e) state whether the employee shares would, if the company were wound up, confer any rights to participate in the distribution of any surplus assets,
- (f) if the company has more than one class of shares and any of the rights referred to in paragraphs (c) to (e) attach to the employee shares, explain how those rights differ from the equivalent rights that attach to the shares in the largest class (or next largest class if the class which includes the employee shares is the largest),
- (g) state whether the employee shares are redeemable and, if they are, at whose option,
- (h) state whether there are any restrictions on the transferability of the employee shares and, if there are, what those restrictions are,
- (i) state whether any of the requirements of sections 561 and 562 of the Companies Act 2006 are excluded in the case of the employee shares (existing shareholders' right of pre-emption), and
- (j) state whether the employee shares are subject to drag-along rights or tag-along rights and, if they are, explain the effect of the shares being so subject.
- (6) Agreement between a company and an individual that the individual is to become an employee shareholder is of no effect unless, before the agreement is made—
- (a) the individual, having been given the statement referred to in subsection (1)(c), receives advice from a relevant independent adviser as to the terms and effect of the proposed agreement, and
- (b) seven days have passed since the day on which the individual receives the advice.
- (7) Any reasonable costs incurred by the individual in obtaining the advice (whether or not the individual becomes an employee shareholder) which would, but for this subsection, have to be met by the individual are instead to be met by the company.
- (8) The reference in subsection (2)(b) to making an application under section 80F does not include a reference to making an application within the period of 14 days beginning with the day on which the employee shareholder returns to work from a period of parental leave under regulations under section 76.
- (9) The reference in subsection (2)(c) to unfair dismissal does not include a reference to a dismissal—
- (a) which is required to be regarded as unfair for the purposes of Part 10 by a provision (whenever made) contained in or made under this or any other Act, or
- (b) which amounts to a contravention of the Equality Act 2010.
- (10) The reference in subsection (2)(c) to the right not to be unfairly dismissed does not include a reference to that right in a case where section 108(2) (health and safety cases) applies.
- (11) The Secretary of State may by order amend subsection (1) so as to increase the sum for the time being specified there.
- (12) The Secretary of State may by regulations provide that any agreement for a company to buy back from an individual the shares referred to in subsection (1)(b) in the event that the individual ceases to be an employee shareholder or ceases to be an employee must be on terms which meet the specified requirements.
- (13) In this section—
- “ *company* ” means— a company or overseas company (within the meaning, in each case, of the Companies Act 2006) which has a share capital, or a United Kingdom Societas (or UK Societas) within the meaning of Council Regulation 2157/2001/EC of 8 October 2001 on the Statute for a European company;
- “ *drag-along rights* ”, in relation to shares in a company, means the right of the holders of a majority of the shares, where they are selling their shares, to require the holders of the minority to sell theirs;
- “ *parent undertaking* ” has the same meaning as in the Companies Act 2006;
- “ *relevant independent adviser* ” has the meaning that it has for the purposes of section 203(3)(c);
- “ *tag-along rights* ”, in relation to shares in a company, means the right of the holders of a minority of the shares to sell their shares, where the holders of the majority are selling theirs, on the same terms as those on which the holders of the majority are doing so.
- (14) The reference in this section to the value of shares in a company is a reference to their market value within the meaning of the Taxation of Chargeable Gains Act 1992 (see sections 272 and 273 of that Act).
#### Entitlement to ... paternity leave: birth
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Law governing employment.
#### Complaints to employment tribunals.
#### Normal working hours.
#### Dismissal procedures agreements.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Complaints to employment tribunals.
#### Application of this Part and related provisions to police
#### Trustees of occupational pension schemes.
#### Right to remuneration for time off under section 61.
#### Right to time off for ante-natal care.
#### Complaint to employment tribunal
#### Supplementary
#### Complaints to employment tribunals.
#### Complaints to employment tribunals: agency workers
#### Additional maternity leave.
#### Meaning of suspension on maternity grounds.
#### Complaints to employment tribunals: agency workers
#### Additional maternity leave.
#### Exclusions from right to remuneration.
#### Application to police of section 44 and related provisions.
#### Entitlement to shared parental leave: birth
#### Employee representatives.
#### Entitlement to parental leave.
#### The national minimum wage.
#### Right to time off to look for work or arrange training.
#### Redundancy.
#### Right to time off for ante-natal care.
#### Compulsory maternity leave.
#### Right to remuneration for time off under section 57ZN
#### Flexible working
#### Renewal of contract or re-engagement.
#### Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
#### Death of employee.
#### Old statutory compensation schemes.
#### Right to time off for pension scheme trustees.
#### Institution or continuance of tribunal proceedings.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introductory.
#### Tax credits
#### Introductory.
#### Employee shareholder status
#### Application to police.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Entitlement to additional paternity leave: adoption
#### Right to payment for time off under section 58.
#### Institution or continuance of tribunal proceedings.
#### Extension of time limits to facilitate conciliation before institution of proceedings
##### 207B
- (1) This section applies where this Act provides for it to apply for the purposes of a provision of this Act (a “relevant provision”).
...
- (2) In this section—
- (a) Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
- (b) Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
- (3) In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.
- (4) If a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
- (5) Where an employment tribunal has power under this Act to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this section.
#### Introductory.
#### Reinstatement or re-engagement of dismissed employee.
#### Introductory.
#### Normal working hours.
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Jury service
#### Application to police of section 44 and related provisions.
#### Complaints to employment tribunals.
#### Right to time off to look for work or arrange training.
#### Right to payment for time off under section 58.
#### Employees exercising right to time off work for study or training.
#### Trustees of occupational pension schemes.
#### Right to paid time off to attend adoption appointments
#### Protected disclosures.
#### Leave for family and domestic reasons.
### CHAPTER 1B — Shared parental leave
##### 75E
- (1) The Secretary of State may make regulations entitling an employee who satisfies specified conditions—
- (a) as to duration of employment,
- (b) as to being, or expecting to be, the mother of a child,
- (c) as to caring or intending to care, with another person (“P”), for the child,
- (d) as to entitlement to maternity leave,
- (e) as to the exercise of that entitlement and the extent of any such exercise,
- (f) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and
- (g) as to the consent of P to the amount of leave under this subsection that the employee intends to take,
to be absent from work on leave under this subsection for the purpose of caring for the child.
- (2) Regulations under subsection (1) may provide that the employee's entitlement is subject to the satisfaction by P of specified conditions—
- (a) as to employment or self-employment,
- (b) as to having earnings of a specified amount for a specified period,
- (c) as to caring or intending to care, with the employee, for the child, and
- (d) as to relationship with the child or the employee.
- (3) Provision under subsection (1)(f) may require the employee to give notice to the employer about—
- (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of P to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay);
- (b) how much of the entitlement to leave the employee intends to exercise;
- (c) the extent to which P intends to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay.
- (4) The Secretary of State may make regulations entitling an employee who satisfies specified conditions—
- (a) as to duration of employment,
- (b) as to relationship with a child or expected child or with the child's mother,
- (c) as to caring or intending to care, with the child's mother, for the child,
- (d) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and
- (e) as to the consent of the child's mother to the amount of leave under this subsection that the employee intends to take,
to be absent from work on leave under this subsection for the purpose of caring for the child.
- (5) Regulations under subsection (4) may provide that the employee's entitlement is subject to the satisfaction by the child's mother of specified conditions—
- (a) as to employment or self-employment,
- (b) as to having earnings of a specified amount for a specified period,
- (c) as to caring or intending to care, with the employee, for the child,
- (d) as to entitlement (or lack of entitlement) to maternity leave, statutory maternity pay or maternity allowance, and
- (e) as to the exercise of any such entitlement and the extent of any such exercise.
- (6) Provision under subsection (4)(d) may require the employee to give notice to the employer about—
- (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of the child's mother to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay);
- (b) how much of the entitlement to leave the employee intends to exercise;
- (c) the extent to which the child's mother intends to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay.
##### 75F
- (1) Regulations under section 75E are to include provision for determining—
- (a) the amount of leave under section 75E(1) or (4) to which an employee is entitled in respect of a child;
- (b) when leave under section 75E(1) or (4) may be taken.
- (2) Provision under subsection (1)(a) is to secure that the amount of leave to which an employee is entitled in respect of a child does not exceed—
- (a) in a case where the child's mother became entitled to maternity leave, the relevant amount of time reduced by—
- (i) where her maternity leave ends without her ordinary or additional maternity leave period having been curtailed by virtue of section 71(3)(ba) or 73(3)(a), the amount of maternity leave taken by the child's mother, or
- (ii) except where sub-paragraph (i) applies, the amount of time between the beginning of her maternity leave and the time when her ordinary or additional maternity leave period, as curtailed by virtue of section 71(3)(ba) or 73(3)(a), comes to an end;
- (b) in a case where the child's mother became entitled to statutory maternity pay or maternity allowance but not maternity leave, the relevant amount of time reduced by an amount determined in accordance with paragraph (a) or, as the case may be, paragraph (b) of section 171ZU(6) of the Social Security Contributions and Benefits Act 1992.
- (3) In subsection (2) “ *the relevant amount of time* ” means an amount of time specified in or determined in accordance with regulations under section 75E.
- (4) Provision under subsection (1)(a) is to secure that the amount of leave that an employee is entitled to take in respect of a child takes into account—
- (a) in a case where another person is entitled to leave under section 75E in respect of the child, the amount of such leave taken by the other person;
- (b) in a case where another person is entitled to statutory shared parental pay in respect of the child but not leave under section 75E, the number of weeks in respect of which such pay is payable to the other person.
- (5) In reckoning for the purposes of subsection (2) the amount of maternity leave taken, a part of a week is to be treated as a full week.
- (6) In reckoning for the purposes of subsection (4) the amount of leave under section 75E taken during a period of such leave, a part of a week is to be treated as a full week.
- (7) Provision under subsection (1)(b) is to secure that leave under section 75E must be taken before the end of such period as may be specified by the regulations.
- (8) Regulations under section 75E are to provide for the taking of leave under section 75E in a single period or in non-consecutive periods.
- (9) Regulations under section 75E may—
- (a) provide for an employer, subject to such restrictions as may be specified, to require an employee who proposes to take non-consecutive periods of leave under section 75E to take that amount of leave as a single period of leave;
- (b) provide for a single period of leave that is so imposed on an employee to start with a day proposed by the employee or, if no day is proposed, with the first day of the first period of leave proposed by the employee.
- (10) Regulations under section 75E may provide for the variation, subject to such restrictions as may be specified, of—
- (a) the period or periods during which an amount of leave under section 75E may be taken;
- (b) the amount of leave under section 75E that the employee previously specified in accordance with provision under section 75E(3)(b) or (6)(b) or subsection (13)(b) of this section.
- (11) Provision under subsection (10)(a) may provide for variation to be subject to the consent of an employer in circumstances specified by the regulations.
- (12) Provision under subsection (10)(b) may require an employee to satisfy specified conditions—
- (a) as to giving notice of an intention to vary the amount of leave under section 75E to be taken by the employee;
- (b) if the employee proposes to vary the amount of leave under section 75E(1) to be taken by the employee, as to the consent of P to that variation;
- (c) if the employee proposes to vary the amount of leave under section 75E(4) to be taken by the employee, as to the consent of the child's mother to that variation.
- (13) Provision under subsection (12)(a) may require an employee to give notice to the employer about—
- (a) the extent to which the employee has exercised an entitlement to leave under section 75E(1) or (4) in respect of the child;
- (b) how much of the entitlement to leave the employee intends to exercise;
- (c) the extent to which a person other than the employee has exercised an entitlement to leave under section 75E or to statutory shared parental pay in respect of the child;
- (d) the extent to which a person other than the employee intends to exercise such an entitlement.
- (14) Regulations under section 75E may—
- (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child;
- (b) make provision excluding the right to be absent on leave under section 75E in respect of a child where more than one child is born as a result of the same pregnancy;
- (c) specify a minimum amount of leave under section 75E which may be taken;
- (d) make provision about how leave under section 75E may be taken;
- (e) specify circumstances in which an employee may work for the employer during a period of leave under section 75E without bringing the particular period of leave, or the employee's entitlement to leave under section 75E, to an end;
- (f) specify circumstances in which an employee may be absent on leave under section 75E otherwise than for the purpose of caring for a child without bringing the person's entitlement to leave under section 75E to an end.
- (15) In this section “ *week* ” means any period of seven days.
- (16) The Secretary of State may by regulations provide that the following do not have effect, or have effect with modifications specified by the regulations, in a case where the mother of a child dies before another person has become entitled to leave under section 75E in respect of the child—
- (a) section 75E(4)(b), (c) and (e);
- (b) section 75E(5);
- (c) section 75E(6)(c);
- (d) subsection (12)(c);
- (e) subsection (13)(c) and (d).
##### 75G
- (1) The Secretary of State may make regulations entitling an employee who satisfies specified conditions—
- (a) as to duration of employment,
- (b) as to being a person with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom,
- (c) as to caring or intending to care, with another person (“P”), for the child,
- (d) as to entitlement to adoption leave,
- (e) as to the exercise of that entitlement and the extent of any such exercise,
- (f) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and
- (g) as to the consent of P to the amount of leave under this subsection that the employee intends to take,
to be absent from work on leave under this subsection for the purpose of caring for the child.
- (2) Regulations under subsection (1) may provide that the employee's entitlement is subject to the satisfaction by P of specified conditions—
- (a) as to employment or self-employment,
- (b) as to having earnings of a specified amount for a specified period,
- (c) as to caring or intending to care, with the employee, for the child, and
- (d) as to relationship with the child or the employee.
- (3) Provision under subsection (1)(f) may require the employee to give notice to the employer about—
- (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of P to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay);
- (b) how much of the entitlement to leave the employee intends to exercise;
- (c) the extent to which P intends to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay.
- (4) The Secretary of State may make regulations entitling an employee who satisfies specified conditions—
- (a) as to duration of employment,
- (b) as to relationship with a child placed, or expected to be placed, for adoption under the law of any part of the United Kingdom or with a person (“A”) with whom the child is, or is expected to be, so placed,
- (c) as to caring or intending to care, with A, for the child,
- (d) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and
- (e) as to the consent of A to the amount of leave under this subsection that the employee intends to take,
to be absent from work on leave under this subsection for the purpose of caring for the child.
- (5) Regulations under subsection (4) may provide that the employee's entitlement is subject to the satisfaction by A of specified conditions—
- (a) as to employment or self-employment,
- (b) as to having earnings of a specified amount for a specified period,
- (c) as to caring or intending to care, with the employee, for the child,
- (d) as to entitlement (or lack of entitlement) to adoption leave or statutory adoption pay, and
- (e) as to the exercise of any such entitlement and the extent of any such exercise.
- (6) Provision under subsection (4)(d) may require the employee to give notice to the employer about—
- (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of A to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay);
- (b) how much of the entitlement to leave the employee intends to exercise;
- (c) the extent to which A intends to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay.
- (7) Regulations under subsections (1) and (4) are to provide for leave in respect of a child placed, or expected to be placed, under section 22C of the Children Act 1989 by a local authority in England with a local authority foster parent who has been approved as a prospective adopter.
Regulations under subsections (1) and (4) are to provide for leave in respect of a child placed, or expected to be placed—
- (a) under section 22C of the Children Act 1989 by a local authority in England, or
- (b) under section 81 of the Social Services and Well-being (Wales) Act 2014 by a local authority in Wales,
with a local authority foster parent who has been approved as a prospective adopter.
- (8) This section and section 75H have effect in relation to regulations made by virtue of subsection (7) as if references to a child being placed for adoption under the law of any part of the United Kingdom were references to being placed under section 22C of the Children Act 1989, or section 81 of the Social Services and Well-being (Wales) Act 2014 with a local authority foster parent who has been approved as a prospective adopter.
##### 75H
- (1) Regulations under section 75G are to include provision for determining—
- (a) the amount of leave under section 75G(1) or (4) to which an employee is entitled in respect of a child;
- (b) when leave under section 75G(1) or (4) may be taken.
- (2) Provision under subsection (1)(a) is to secure that the amount of leave to which an employee is entitled in respect of a child does not exceed—
- (a) in a case where a person with whom the child is, or is expected to be, placed for adoption became entitled to adoption leave, the relevant amount of time reduced by—
- (i) where the person's adoption leave ends without the person's ordinary or additional adoption leave period having been curtailed by virtue of section 75A(2A)(a) or 75B(3)(a), the amount of adoption leave taken by that person, or
- (ii) except where sub-paragraph (i) applies, the amount of time between the beginning of the person's adoption leave and the time when the person's ordinary or additional adoption leave period, as curtailed by virtue of section 75A(2A)(a) or 75B(3)(a), comes to an end;
- (b) in a case where a person with whom the child is, or is expected to be, placed for adoption became entitled to statutory adoption pay but not adoption leave, the relevant amount of time reduced by an amount determined in accordance with paragraph (a) or, as the case may be, paragraph (b) of section 171ZV(6) of the Social Security Contributions and Benefits Act 1992.
- (3) In subsection (2) “ *the relevant amount of time* ” means an amount of time specified in or determined in accordance with regulations under section 75G.
- (4) Provision under subsection (1)(a) is to secure that the amount of leave that an employee is entitled to take in respect of a child takes into account—
- (a) in a case where another person is entitled to leave under section 75G in respect of the child, the amount of such leave taken by the other person;
- (b) in a case where another person is entitled to statutory shared parental pay in respect of the child but not leave under section 75G, the number of weeks in respect of which such pay is payable to the other person.
- (5) In reckoning for the purposes of subsection (2) the amount of adoption leave taken, a part of a week is to be treated as a full week.
- (6) In reckoning for the purposes of subsection (4) the amount of leave under section 75G taken during a period of such leave, a part of a week is to be treated as a full week.
- (7) Provision under subsection (1)(b) is to secure that leave under section 75G must be taken before the end of such period as may be prescribed by the regulations.
- (8) Regulations under section 75G are to provide for the taking of leave under section 75G in a single period or in non-consecutive periods.
- (9) Regulations under section 75G may—
- (a) provide for an employer, subject to such restrictions as may be specified, to require an employee who proposes to take non-consecutive periods of leave under section 75G to take that amount of leave as a single period of leave, and
- (b) provide for a single period of leave that is so imposed on an employee to start with a day proposed by the employee or, if no day is proposed, with the first day of the first period of leave proposed by the employee.
- (10) Regulations under section 75G may provide for the variation, subject to such restrictions as may be specified, of—
- (a) the period or periods during which an amount of leave under section 75G is to be taken;
- (b) the amount of leave under section 75G that the employee previously specified in accordance with provision under section 75G(3)(b) or (6)(b) or subsection (13)(b) of this section.
- (11) Provision under subsection (10)(a) may provide for variation to be subject to the consent of an employer in circumstances specified by the regulations.
- (12) Provision under subsection (10)(b) may require an employee to satisfy specified conditions—
- (a) as to giving notice of an intention to vary the amount of leave under section 75G to be taken by the employee;
- (b) if the employee proposes to vary the amount of leave under section 75G(1) to be taken by the employee, as to the consent of P to that variation;
- (c) if the employee proposes to vary the amount of leave under section 75G(4) to be taken by the employee, as to the consent of A to that variation.
- (13) Provision under subsection (12)(a) may require an employee to give notice to the employer about—
- (a) the extent to which the employee has exercised an entitlement to leave under section 75G(1) or (4) in respect of the child;
- (b) how much of the entitlement to leave the employee intends to exercise;
- (c) the extent to which a person other than the employee has exercised an entitlement to leave under section 75G or to statutory shared parental pay in respect of the child;
- (d) the extent to which a person other than the employee intends to exercise such an entitlement.
- (14) Regulations under section 75G may—
- (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child;
- (b) make provision excluding the right to be absent on leave under section 75G in respect of a child where more than one child is placed for adoption as part of the same arrangement;
- (c) specify a minimum amount of leave under section 75G which may be taken;
- (d) make provision about how leave under section 75G may be taken;
- (e) specify circumstances in which an employee may work for the employer during a period of leave under section 75G without bringing the particular period of leave, or the employee's entitlement to leave under section 75G, to an end;
- (f) specify circumstances in which an employee may be absent on leave under section 75G otherwise than for the purpose of caring for a child without bringing the person's entitlement to leave under section 75G to an end.
- (15) In this section “ *week* ” means any period of seven days.
- (16) The Secretary of State may by regulations provide that the following do not have effect, or have effect with modifications specified by the regulations, in a case where a person who is taking adoption leave or is entitled to be paid statutory adoption pay in respect of a child dies before another person has become entitled to leave under section 75G in respect of the child—
- (a) section 75G(4)(b), (c) and (e);
- (b) section 75G(5);
- (c) section 75G(6)(c);
- (d) subsection (12)(c);
- (e) subsection (13)(c) and (d).
- (17) The Secretary of State may by regulations provide for section 75G and this section to have effect in relation to cases which involve adoption, but not the placement of a child for adoption under the law of any part of the United Kingdom, with such modifications as the regulations may prescribe.
- (18) The Secretary of State may by regulations provide for section 75G and this section to have effect in relation to cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, with such modifications as the regulations may prescribe.
##### 75I
- (1) Regulations under section 75E or 75G are to provide—
- (a) that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied if the employee had not been absent;
- (b) that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions, except in so far as they are inconsistent with section 75E(1) or (4) or 75G(1) or (4), as the case may be; and
- (c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by the regulations, subject to section 75J(1).
- (2) In subsection (1)(a) “terms and conditions of employment”—
- (a) includes matters connected with an employee's employment whether or not they arise under the employee's contract of employment, but
- (b) does not include terms and conditions about remuneration.
- (3) The reference in subsection (1)(c) to absence on leave under section 75E or 75G includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under one of those sections and partly to any one or more of the following—
- (a) leave under the other of those sections,
- (b) maternity leave,
- (c) paternity leave,
- (d) adoption leave, ...
- (e) parental leave, and
- (f) parental bereavement leave.
- (4) Regulations under section 75E or 75G may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.
- (5) Regulations under section 75E or 75G may make provision, in relation to the right to return mentioned in subsection (1)(c), about—
- (a) seniority, pension rights and similar rights;
- (b) terms and conditions of employment on return.
##### 75J
- (1) Regulations under section 75E or 75G may make provision about—
- (a) redundancy, or
- (b) dismissal (other than by reason of redundancy),
during a period of leave under that section.
- (2) Provision made by virtue of subsection (1) may include—
- (a) provision requiring an employer to offer alternative employment;
- (b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10).
##### 75K
- (1) Regulations under section 75E or 75G may—
- (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by—
- (i) employees,
- (ii) employers, and
- (iii) relevant persons;
- (b) make provision requiring such persons to keep records;
- (c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;
- (d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);
- (e) make special provision for cases where an employee has a right which corresponds to a right under section 75E or 75G and which arises under the employee's contract of employment or otherwise;
- (f) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week's pay) in relation to an employee who is or has been absent from work on leave under section 75E or 75G;
- (g) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 75E or 75G.
- (2) In subsection (1) “ *relevant person* ” means—
- (a) a person who, in connection with an employee's claim to be entitled to leave under section 75E or 75G, is required to satisfy conditions specified in provision under section 75E(2) or (5) or 75G(2) or (5), or
- (b) a person who is an employer or former employer of such a person.
- (3) In subsection (2)(b) “ *employer* ”, in relation to a person falling within subsection (2)(a) who is an employed earner, includes a person who is a secondary contributor as regards that employed earner.
- (4) The conditions as to employment or self-employment that may be specified in provision under section 75E(2) or (5) or 75G(2) or (5) include conditions as to being in employed or self-employed earner's employment.
- (5) In subsections (3) and (4)—
- “employed earner” and “self-employed earner” have the meaning given by section 2 of the Social Security Contributions and Benefits Act 1992, subject for these purposes to the effect of regulations made under section 2(2)(b) of that Act (persons who are to be treated as employed or self-employed earners);
- “employment”, in the case of employment as an employed or self-employed earner, has the meaning given by section 122 of that Act;
- “secondary contributor”, as regards an employed earner, means a person who—is indicated by section 7(1) of that Act, as that subsection has effect subject to section 7(2) of that Act, as being a secondary contributor as regards the earner, oris indicated by regulations under section 7(2) of that Act as being a person to be treated as a secondary contributor as regards the earner.
- (6) Regulations under any of sections 75E to 75H may make different provision for different cases or circumstances.
- (7) Where sections 75G and 75H have effect in relation to such cases as are described in section 75H(18), regulations under section 75G about evidence to be produced may require statutory declarations as to—
- (a) eligibility to apply for a parental order;
- (b) intention to apply for such an order.
#### Agency workers: supplementary
#### Application to police of section 44 and related provisions.
#### Supplemental.
#### Right to paid time off to attend adoption appointments
#### Placement of looked after children with prospective adopters
#### Complaint to employment tribunal
#### Redundancy and dismissal.
#### Redundancy and dismissal
#### Assertion of statutory right.
#### Right to time off for pension scheme trustees.
#### Pressure on employer to dismiss unfairly.
#### Complaints to employment tribunal.
#### Right to remuneration for time off under section 63A.
#### Order for reinstatement.
#### Basic award: reductions.
#### Compulsory maternity leave.
#### Renewal of contract or re-engagement.
#### Amount of payments.
#### Death of employee.
#### Old statutory compensation schemes.
#### Insolvency.
#### Remedy for infringement of certain rights.
#### Complaints to employment tribunal.
#### The right.
#### Additional maternity leave.
#### Exclusions from right to remuneration.
#### General.
#### Ordinary adoption leave
#### Other definitions.
#### Financial provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
### Accompanying to ante-natal appointments
##### 57ZE
- (1) An employee who has a qualifying relationship with a pregnant woman or her expected child is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may accompany the woman when she attends by appointment at any place for the purpose of receiving ante-natal care.
- (2) In relation to any particular pregnancy, an employee is not entitled to take time off for the purpose specified in subsection (1) on more than two occasions.
- (3) On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.
- (4) An employee is not entitled to take time off for the purpose specified in subsection (1) unless the appointment is made on the advice of a registered medical practitioner, registered midwife or registered nurse.
- (5) Where the employer requests the employee to give the employer a declaration signed by the employee, the employee is not entitled to take time off for the purpose specified in subsection (1) unless the employee gives that declaration (which may be given in electronic form).
- (6) The employee must state in the declaration—
- (a) that the employee has a qualifying relationship with a pregnant woman or her expected child,
- (b) that the employee's purpose in taking time off is the purpose specified in subsection (1),
- (c) that the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered nurse, and
- (d) the date and time of the appointment.
- (7) A person has a qualifying relationship with a pregnant woman or her expected child if—
- (a) the person is the husband or civil partner of the pregnant woman,
- (b) the person, being of a different sex or the same sex, lives with the woman in an enduring family relationship but is not a relative of the woman,
- (c) the person is the father of the expected child,
- (d) the person is a parent of the expected child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, ...
- (e) the person is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the expected child, or
- (f) the person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of the expected child.
- (8) For the purposes of subsection (7) a relative of a person is the person's parent, grandparent, sister, brother, aunt or uncle.
- (9) The references to relationships in subsection (8)—
- (a) are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and
- (b) include the relationship of a child with the child's adoptive, or former adoptive, parents,
but do not include any other adoptive relationships.
- (10) For the purposes of subsection (7)(e) a person (“A”) is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
- (a) A intends to apply, jointly with another person (“B”), for such an order in respect of the expected child within the time allowed by section 54(3),
- (b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54(1)(a),
- (c) the requirement in section 54(1)(b) is satisfied by reference to A or B,
- (d) A and B would satisfy section 54(2) if they made an application under section 54 at the time that A seeks to exercise the right under this section, and
- (e) A expects that A and B will satisfy the conditions in section 54(2), (4), (5) and (8) as regards the intended application.
- (10A) For the purposes of subsection (7)(f) a person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
- (a) the person intends to apply for such an order in respect of the expected child within the time allowed by section 54A(2),
- (b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54A(1)(a),
- (c) the requirement in section 54A(1)(b) is satisfied by reference to the person, and
- (d) the person expects that he or she will satisfy the conditions in section 54A(3), (4) and (7) as regards the intended application.
- (11) The references in this section to a registered nurse are references to a registered nurse—
- (a) who is also registered in the Specialist Community Public Health Nurses Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001 ( S.I. 2002/253), and
- (b) whose entry in that Part of the register is annotated to show that the nurse holds a qualification in health visiting.
- (12) For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.
##### 57ZF
- (1) An employee may present a complaint to an employment tribunal that his or her employer has unreasonably refused to let him or her take time off as required by section 57ZE.
- (2) An employment tribunal may not consider a complaint under this section unless it is presented—
- (a) before the end of the period of three months beginning with the day of the appointment in question, or
- (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
- (3) Section 207B applies for the purposes of subsection (2)(a).
- (4) Where an employment tribunal finds a complaint under subsection (1) well-founded, it—
- (a) must make a declaration to that effect, and
- (b) must order the employer to pay to the employee an amount determined in accordance with subsection (5).
- (5) The amount payable to the employee is—
$$A × B × 2$where—A is the appropriate hourly rate for the employee, andB is the number of working hours for which the employee would have been entitled under section 57ZE to be absent if the time off had not been refused.$
- (6) The appropriate hourly rate, in relation to an employee, is the amount of one week's pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off would have been taken.
- (7) But where the number of normal working hours differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by—
- (a) the average number of normal working hours calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off would have been taken, or
- (b) where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (8) as are appropriate in the circumstances.
- (8) The considerations referred to in subsection (7)(b) are—
- (a) the average number of normal working hours in a week which the employee could expect in accordance with the terms of the employee's contract, and
- (b) the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.
### Accompanying to ante-natal appointments: agency workers
##### 57ZG
- (1) An agency worker who has a qualifying relationship with a pregnant woman or her expected child is entitled to be permitted, by the temporary work agency and the hirer, to take time off during the agency worker's working hours in order that he or she may accompany the woman when she attends by appointment at any place for the purpose of receiving ante-natal care.
- (2) In relation to any particular pregnancy, an agency worker is not entitled to take time off for the purpose specified in subsection (1) on more than two occasions.
- (3) On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours.
- (4) An agency worker is not entitled to take time off for the purpose specified in subsection (1) unless the appointment is made on the advice of a registered medical practitioner, registered midwife or registered nurse.
- (5) Where the temporary work agency or the hirer requests the agency worker to give that person a declaration signed by the agency worker, the agency worker is not entitled to take time off for the purpose specified in subsection (1) unless the agency worker gives that declaration (which may be given in electronic form).
- (6) The agency worker must state in the declaration—
- (a) that the agency worker has a qualifying relationship with a pregnant woman or her expected child,
- (b) that the agency worker's purpose in taking time off is the purpose specified in subsection (1),
- (c) that the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered nurse, and
- (d) the date and time of the appointment.
- (7) A person has a qualifying relationship with a pregnant woman or her expected child if—
- (a) the person is the husband or civil partner of the pregnant woman,
- (b) the person, being of a different sex or the same sex, lives with the woman in an enduring family relationship but is not a relative of the woman,
- (c) the person is the father of the expected child,
- (d) the person is a parent of the expected child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, ...
- (e) the person is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the expected child, or
- (f) the person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of the expected child.
- (8) For the purposes of subsection (7) a relative of a person is the person's parent, grandparent, sister, brother, aunt or uncle.
- (9) The references to relationships in subsection (8)—
- (a) are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and
- (b) include the relationship of a child with the child's adoptive, or former adoptive, parents,
but do not include any other adoptive relationships.
- (10) For the purposes of subsection (7)(e) a person (“A”) is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
- (a) A intends to apply, jointly with another person (“B”), for such an order in respect of the expected child within the time allowed by section 54(3),
- (b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54(1)(a),
- (c) the requirement in section 54(1)(b) is satisfied by reference to A or B,
- (d) A and B would satisfy section 54(2) if they made an application under section 54 at the time that A seeks to exercise the right under this section, and
- (e) A expects that A and B will satisfy the conditions in section 54(2), (4), (5) and (8) as regards the intended application.
- (10A) For the purposes of subsection (7)(f) a person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
- (a) the person intends to apply for such an order in respect of the expected child within the time allowed by section 54A(2),
- (b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54A(1)(a),
- (c) the requirement in section 54A(1)(b) is satisfied by reference to the person, and
- (d) the person expects that he or she will satisfy the conditions in section 54A(3), (4) and (7) as regards the intended application.
- (11) The references in this section to a registered nurse are references to a registered nurse—
- (a) who is also registered in the Specialist Community Public Health Nurses Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001 ( S.I. 2002/253), and
- (b) whose entry in that Part of the register is annotated to show that the nurse holds a qualification in health visiting.
- (12) For the purposes of this section the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.
##### 57ZH
- (1) An agency worker may present a complaint to an employment tribunal that the temporary work agency has unreasonably refused to let him or her take time off as required by section 57ZG.
- (2) An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to let him or her take time off as required by section 57ZG.
- (3) An employment tribunal may not consider a complaint under subsection (1) or (2) unless it is presented—
- (a) before the end of the period of three months beginning with the day of the appointment in question, or
- (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
- (4) Section 207B applies for the purposes of subsection (3)(a).
- (5) Where an employment tribunal finds a complaint under subsection (1) or (2) well-founded, it—
- (a) must make a declaration to that effect, and
- (b) must order the payment to the agency worker of an amount determined in accordance with subsection (7).
- (6) Where the tribunal orders that payment under subsection (5) be made by the temporary work agency and the hirer, the proportion of that amount payable by each respondent is to be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates.
- (7) The amount payable to the agency worker is—
$$A × B × 2$where—A is the appropriate hourly rate for the agency worker, andB is the number of working hours for which the agency worker would have been entitled under section 57ZG to be absent if the time off had not been refused.$
- (8) The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off would have been taken.
- (9) But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off would have been taken.
#### Agency workers: supplementary
##### 57ZI
- (1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law, sections 57ZG and 57ZH do not apply where the agency worker—
- (a) has not completed the qualifying period, or
- (b) pursuant to regulation 8(a) or (b) of the Agency Workers Regulations 2010 ( S.I. 2010/93), is no longer entitled to the rights conferred by regulation 5 of those Regulations.
- (2) Nothing in sections 57ZG and 57ZH imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration, of the assignment, whichever is the longer.
- (3) Sections 57ZG and 57ZH do not apply where sections 57ZE and 57ZF apply.
- (4) In this section and sections 57ZG and 57ZH the following have the same meaning as in the Agency Workers Regulations 2010—
- “agency worker”;
- “assignment”;
- “hirer”;
- “qualifying period”;
- “temporary work agency”.
#### Protected disclosures.
#### Complaint to employment tribunal.
#### Right to payment for time off under section 58.
#### Right to time off to accompany to ante-natal appointment: agency workers
#### Complaints to employment tribunals.
#### Entitlement to additional paternity leave: adoption
#### Complaint to employment tribunal
#### Agency workers: supplementary
#### Statutory right to request contract variation
#### Employer’s duties in relation to application under section 80F
#### Employer’s duties in relation to application under section 80F
#### The right.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Leave for family reasons.
#### Right to remuneration for time off under section 61.
#### Trustees of occupational pension schemes.
#### Protected disclosure.
#### Complaints to employment tribunals.
#### Replacements.
#### Upper age limit.
#### Complaints to employment tribunal.
#### Confidentiality of negotiations before termination of employment
#### Complaints to employment tribunals.
#### Basic award of two weeks’ pay in certain cases.
#### Application to police.
#### Statutory right to make request in relation to study or training
#### Death of employer: lay-off and short-time.
#### Complaints to employment tribunals: agency workers
#### Employee’s rights on insolvency of employer.
#### National security.
#### Law governing employment.
#### Institution or continuance of tribunal proceedings.
#### Entitlement to shared parental leave: birth
#### Extension of time limits to facilitate conciliation before institution of proceedings
#### Reinstatement or re-engagement of dismissed employee.
#### Introductory.
#### Rights during and after parental leave.
#### Rights during and after shared parental leave
#### Entitlement to additional paternity leave: birth
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Other interpretative provisions.
#### Remedies.
#### Right to time off to accompany to ante-natal appointment: agency workers
#### Agency workers: supplementary
#### Time off for dependants.
#### Employee shareholder status
#### Complaints to employment tribunals.
#### Entitlement to leave under section 75G: further provision
#### Regulations prohibiting discrimination because of protected disclosure
#### Entitlement to additional paternity leave: birth
#### Rights during and after paternity leave
#### Statutory right to request contract variation
#### Supplemental.
#### The right.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Leave for family reasons.
#### The national minimum wage.
#### Right to remuneration for time off under section 61.
#### Employee shareholder status
#### Replacements.
#### Upper age limit.
#### Confidentiality of negotiations before termination of employment
#### Statutory right to make request in relation to study or training
#### Basic award of two weeks’ pay in certain cases.
#### Application to police.
#### Summary dismissal.
#### Making of payments.
#### References to employment tribunals.
#### Ordinary adoption leave
#### National security.
#### Law governing employment.
#### Institution or continuance of tribunal proceedings.
#### Entitlement to shared parental leave: adoption
#### Reinstatement or re-engagement of dismissed employee.
#### Entitlement to additional paternity leave: adoption
#### Associated employers.
#### Normal working hours.
#### Rights during and after paternity leave
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application of this Part and related provisions to police
#### Tax credits
#### Remedies.
#### Application to police of section 44 and related provisions.
#### Other interpretative provisions.
#### Right to time off to look for work or arrange training.
#### Right to time off for ante-natal care (agency workers)
#### Regulations prohibiting discrimination because of protected disclosure
#### Trustees of occupational pension schemes.
### Adoption appointments
##### 57ZJ
- (1) An employee who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee alone is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
- (2) An employee who—
- (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee and another person jointly, and
- (b) has elected to exercise the right to take time off under this section in connection with the adoption,
is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
- (3) An employee may not make an election for the purposes of subsection (2)(b) if—
- (a) the employee has made an election for the purposes of section 57ZL(1)(b) in connection with the adoption, or
- (b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (2)(b) or section 57ZN(2)(b) in connection with the adoption.
- (4) An employee is not entitled to take time off under this section on or after the date of the child's placement for adoption with the employee.
- (5) In relation to any particular adoption, an employee is not entitled to take time off under this section on more than five occasions.
- (6) On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.
- (7) An employee is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1) or (2)(a).
- (8) An employee is not entitled to take time off under subsection (1) unless, if the employer requests it, the employee gives the employer a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).
- (9) An employee is not entitled to take time off under subsection (2) unless, if the employer requests it, the employee gives the employer—
- (a) a declaration signed by the employee stating that the employee has made an election for the purposes of subsection (2)(b) in connection with the adoption, and
- (b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).
- (10) A document or declaration requested under subsection (8) or (9) may be given in electronic form.
- (11) In cases where more than one child is to be, or is expected to be, placed for adoption with an employee as part of the same arrangement, this section has effect as if—
- (a) the purposes specified in subsections (1) and (2) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;
- (b) the references in subsections (2)(b) and (9)(a) to the adoption were references to all of the adoptions that are part of the arrangement;
- (c) the references in subsection (3) to the adoption were references to any of the adoptions that are part of the arrangement;
- (d) the reference in subsection (4) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;
- (e) the reference in subsection (5) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.
- (12) For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.
- (13) In this section “ *adoption agency* ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.
##### 57ZK
- (1) An employee who is permitted to take time off under section 57ZJ is entitled to be paid remuneration by his or her employer for the number of working hours for which the employee is entitled to be absent at the appropriate hourly rate.
- (2) The appropriate hourly rate, in relation to an employee, is the amount of one week's pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off is taken.
- (3) But where the number of normal working hours differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by—
- (a) the average number of normal working hours calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken, or
- (b) where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (4) as are appropriate in the circumstances.
- (4) The considerations referred to in subsection (3)(b) are—
- (a) the average number of normal working hours in a week which the employee could expect in accordance with the terms of the employee's contract, and
- (b) the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.
- (5) A right to any amount under subsection (1) does not affect any right of an employee in relation to remuneration under the employee's contract of employment (“contractual remuneration”).
- (6) Any contractual remuneration paid to an employee in respect of a period of time off under section 57ZJ goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period.
- (7) Any payment of remuneration under subsection (1) in respect of a period of time off under section 57ZJ goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.
##### 57ZL
- (1) An employee who—
- (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee and another person jointly, and
- (b) has elected to exercise the right to take time off under this section in connection with the adoption,
is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
- (2) An employee may not make an election for the purposes of subsection (1)(b) if—
- (a) the employee has made an election for the purposes of section 57ZJ(2)(b) in connection with the adoption, or
- (b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (1)(b) or section 57ZP(1)(b) in connection with the adoption.
- (3) An employee is not entitled to take time off under this section on or after the date of the child's placement for adoption with the employee.
- (4) In relation to any particular adoption, an employee is not entitled to take time off under this section on more than two occasions.
- (5) On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.
- (6) An employee is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1)(a).
- (7) An employee is not entitled to take time off under this section unless, if the employer requests it, the employee gives the employer—
- (a) a declaration signed by the employee stating that the employee has made an election for the purposes of subsection (1)(b) in connection with the adoption, and
- (b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (6).
- (8) A declaration or document requested under subsection (7) may be given in electronic form.
- (9) In cases where more than one child is to be, or is expected to be, placed for adoption with an employee and another person jointly as part of the same arrangement, this section has effect as if—
- (a) the purposes specified in subsection (1) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;
- (b) the references in subsections (1)(b) and (7)(a) to the adoption were references to all of the adoptions that are part of the arrangement;
- (c) the references in subsection (2) to the adoption were references to any of the adoptions that are part of the arrangement;
- (d) the reference in subsection (3) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;
- (e) the reference in subsection (4) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.
- (10) For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.
- (11) In this section “ *adoption agency* ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.
##### 57ZM
- (1) An employee may present a complaint to an employment tribunal that his or her employer—
- (a) has unreasonably refused to let him or her take time off as required by section 57ZJ or 57ZL, or
- (b) has failed to pay the whole or any part of any amount to which the employee is entitled under section 57ZK.
- (2) An employment tribunal may not consider a complaint under this section unless it is presented—
- (a) before the end of the period of three months beginning with the day of the appointment in question, or
- (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
- (3) Section 207B applies for the purposes of subsection (2)(a).
- (4) Where an employment tribunal finds a complaint under subsection (1) well-founded, it must make a declaration to that effect.
- (5) If the complaint is that the employer has unreasonably refused to let the employee take time off as required by section 57ZJ, the tribunal must also order the employer to pay to the employee an amount that is twice the amount of the remuneration to which the employee would have been entitled under section 57ZK if the employer had not refused.
- (6) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which the employee is entitled under section 57ZK, the tribunal must also order the employer to pay to the employee the amount which it finds due to the employee.
- (7) If the complaint is that the employer has unreasonably refused to let the employee take time off as required by section 57ZL, the tribunal must also order the employer to pay to the employee an amount determined in accordance with subsection (8).
- (8) The amount payable to the employee is—
$$A × B× 2$where—A is the appropriate hourly rate for the employee determined in accordance with section 57ZK(2) to (4), andB is the number of working hours for which the employee would have been entitled under section 57ZL to be absent if the time off had not been refused.$
### Adoption appointments: agency workers
##### 57ZN
- (1) An agency worker who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker alone is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
- (2) An agency worker who—
- (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker and another person jointly, and
- (b) has elected to exercise the right to take time off under this section in connection with the adoption,
is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
- (3) An agency worker may not make an election for the purposes of subsection (2)(b) if—
- (a) the agency worker has made an election for the purposes of section 57ZP(1)(b) in connection with the adoption, or
- (b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (2)(b) or section 57ZJ(2)(b) in connection with the adoption.
- (4) An agency worker is not entitled to take time off under this section on or after the date of the child's placement for adoption with the agency worker.
- (5) In relation to any particular adoption, an agency worker is not entitled to take time off under this section on more than five occasions.
- (6) On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours.
- (7) An agency worker is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1) or (2)(a).
- (8) An agency worker is not entitled to take time off under subsection (1) unless, if the temporary work agency or the hirer requests it, the agency worker gives that person a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).
- (9) An agency worker is not entitled to take time off under subsection (2) unless, if the temporary work agency or the hirer requests it, the agency worker gives that person—
- (a) a declaration signed by the agency worker stating that the agency worker has made an election for the purposes of subsection (2)(b) in connection with the adoption, and
- (b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).
- (10) A document or declaration requested under subsection (8) or (9) may be given in electronic form.
- (11) In cases where more than one child is to be, or is expected to be, placed for adoption with an agency worker as part of the same arrangement, this section has effect as if—
- (a) the purposes specified in subsections (1) and (2) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;
- (b) the references in subsections (2)(b) and (9)(a) to the adoption were references to all of the adoptions that are part of the arrangement;
- (c) the references in subsection (3) to the adoption were references to any of the adoptions that are part of the arrangement;
- (d) the reference in subsection (4) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;
- (e) the reference in subsection (5) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.
- (12) For the purposes of this section the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.
- (13) In this section “ *adoption agency* ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.
##### 57ZO
- (1) An agency worker who is permitted to take time off under section 57ZN is entitled to be paid remuneration by the temporary work agency for the number of working hours for which the agency worker is entitled to be absent at the appropriate hourly rate.
- (2) The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off is taken.
- (3) But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken.
- (4) A right to any amount under subsection (1) does not affect any right of an agency worker in relation to remuneration under the agency worker's contract with the temporary work agency (“contractual remuneration”).
- (5) Any contractual remuneration paid to an agency worker in respect of a period of time off under section 57ZN goes towards discharging any liability of the temporary work agency to pay remuneration under subsection (1) in respect of that period.
- (6) Any payment of remuneration under subsection (1) in respect of a period of time off under section 57ZN goes towards discharging any liability of the temporary work agency to pay contractual remuneration in respect of that period.
##### 57ZP
- (1) An agency worker who—
- (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker and another person jointly, and
- (b) has elected to exercise the right to take time off under this section in connection with the adoption,
is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
- (2) An agency worker may not make an election for the purposes of subsection (1)(b) if—
- (a) the agency worker has made an election for the purposes of section 57ZN(2)(b) in connection with the adoption, or
- (b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (1)(b) or section 57ZL(1)(b) in connection with the adoption.
- (3) An agency worker is not entitled to take time off under this section on or after the date of the child's placement for adoption with the agency worker.
- (4) In relation to any particular adoption, an agency worker is not entitled to take time off under this section on more than two occasions.
- (5) On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours.
- (6) An agency worker is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1)(a).
- (7) An agency worker is not entitled to take time off under this section unless, if the temporary work agency or the hirer requests it, the agency worker gives that person—
- (a) a declaration signed by the agency worker stating that the agency worker has made an election for the purposes of subsection (1)(b) in connection with the adoption, and
- (b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (6).
- (8) A declaration or document requested under subsection (7) may be given in electronic form.
- (9) In cases where more than one child is to be, or is expected to be, placed for adoption with an agency worker and another person jointly as part of the same arrangement, this section has effect as if—
- (a) the purposes specified in subsection (1) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;
- (b) the references in subsections (1)(b) and (7)(a) to the adoption were references to all of the adoptions that are part of the arrangement;
- (c) the references in subsection (2) to the adoption were references to any of the adoptions that are part of the arrangement;
- (d) the reference in subsection (3) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;
- (e) the reference in subsection (4) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.
- (10) For the purposes of this section the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.
- (11) In this section “ *adoption agency* ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined by section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.
##### 57ZQ
- (1) An agency worker may present a complaint to an employment tribunal that the temporary work agency—
- (a) has unreasonably refused to let him or her take time off as required by section 57ZN or 57ZP, or
- (b) has failed to pay the whole or any part of any amount to which the agency worker is entitled under section 57ZO.
- (2) An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to let him or her take time off as required by section 57ZN or 57ZP.
- (3) An employment tribunal may not consider a complaint under subsection (1) or (2) unless it is presented—
- (a) before the end of the period of three months beginning with the day of the appointment in question, or
- (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
- (4) Section 207B applies for the purposes of subsection (3)(a).
- (5) Where an employment tribunal finds a complaint under subsection (1) or (2) well-founded, it must make a declaration to that effect.
- (6) If the complaint is that the temporary work agency or hirer has unreasonably refused to let the agency worker take time off as required by section 57ZN, the tribunal must also order payment to the agency worker of an amount that is twice the amount of the remuneration to which the agency worker would have been entitled under section 57ZO if the agency worker had not been refused the time off.
- (7) If the complaint is that the temporary work agency has failed to pay the agency worker the whole or part of any amount to which the agency worker is entitled under section 57ZO, the tribunal must also order the temporary work agency to pay to the agency worker the amount which it finds due to the agency worker.
- (8) If the complaint is that the temporary work agency or hirer has unreasonably refused to let the agency worker take time off as required by section 57ZP, the tribunal must also order payment to the agency worker of an amount determined in accordance with subsection (9).
- (9) The amount payable to the agency worker under subsection (8) is—
$$A× B× 2$where—A is the appropriate hourly rate for the agency worker determined in accordance with section 57ZO(2) and (3), andB is the number of working hours for which the agency worker would have been entitled under section 57ZP to be absent if the time off had not been refused.$
- (10) Where the tribunal orders that payment under subsection (6) or (8) be made by the temporary work agency and the hirer, the proportion of that amount payable by each respondent is to be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates.
##### 57ZR
- (1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law, sections 57ZN to 57ZQ do not apply where the agency worker—
- (a) has not completed the qualifying period, or
- (b) pursuant to regulation 8(a) or (b) of the Agency Workers Regulations 2010 ( S.I. 2010/93), is no longer entitled to the rights conferred by regulation 5 of those Regulations.
- (2) Nothing in sections 57ZN to 57ZQ imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration, of the assignment, whichever is the longer.
- (3) Sections 57ZN to 57ZQ do not apply where sections 57ZJ to 57ZM apply.
- (4) In this section and sections 57ZN to 57ZQ the following have the same meaning as in the Agency Workers Regulations 2010—
- “agency worker”;
- “assignment”;
- “hirer”;
- “qualifying period”;
- “temporary work agency”.
##### 57ZS
- (1) Subsection (2) applies where a local authority in England notifies a person—
- (a) who is a local authority foster parent, and
- (b) who has been approved as a prospective adopter,
that a child is to be, or is expected to be, placed with that person under section 22C of the Children Act 1989.
- (2) Where this subsection applies, sections 57ZJ, 57ZL, 57ZN and 57ZP have effect as if—
- (a) references to adoption or placement for adoption were references to placement of a child under section 22C of the Children Act 1989 with a local authority foster parent who has been approved as a prospective adopter;
- (b) references to placing for adoption were references to placing a child under section 22C of that Act with a local authority foster parent who has been approved as a prospective adopter;
- (c) references to an adoption agency were references to a local authority in England.
- (2A) Subsection (2B) applies where a local authority in Wales notifies a person—
- (a) who is a local authority foster parent, and
- (b) who has been approved as prospective adopter,
that a child is to be, or is expected to be, placed with that person under section 81 of the Social Services and Well-being (Wales) Act 2014.
- (2B) Where this subsection applies, sections 57ZJ, 57ZL, 57ZN and 57ZP have effect as if—
- (a) references to adoption or placement for adoption were references to placement of a child under section 81 of the Social Services and Well-being (Wales) Act 2014 with a local authority foster parent who has been approved as a prospective adopter;
- (b) references to placing for adoption were references to placing a child under section 81 of that Act with a local authority foster parent who has been approved as a prospective adopter;
- (c) references to an adoption agency were references to a local authority in Wales.
- (3) Where a child is placed under section 22C of the Children Act 1989or section 81 of the Social Services and Well-being (Wales) Act 2014 with a local authority foster parent who has been approved as a prospective adopter, notification of that person by an adoption agency during that placement that the child is to be, or is expected to be, placed with that person for adoption is not to give rise to a right to time off under section 57ZJ, 57ZL, 57ZN or 57ZP for that person or another person.
#### Flexible working
#### Right to remuneration for time off under section 61.
#### Right to time off for employee representatives.
#### Remedies
#### Right to paid time off to attend adoption appointments: agency workers
#### Ordinary adoption leave
#### Entitlement to shared parental leave: birth
#### Entitlement to leave under section 75G: further provision
#### Rights during and after shared parental leave
#### Complaints to employment tribunals.
#### Entitlement to additional paternity leave: adoption
#### Special cases
#### Entitlement to shared parental leave: birth
#### Statutory right to request contract variation
#### Employer’s duties in relation to application under section 80F
#### Remedies
#### Additional adoption leave
#### The right.
#### Entitlement to shared parental leave: adoption
#### Health and safety cases.
#### Complaint to employment tribunal.
#### Supplemental.
#### The national minimum wage.
#### Complaint to employment tribunal.
#### Complaint to employment tribunal.
#### Entitlement to ... paternity leave: adoption
#### Upper age limit.
#### Complaints to employment tribunal.
#### Confidentiality of negotiations before termination of employment
#### Special cases
#### Basic award of two weeks’ pay in certain cases.
#### Application to police.
#### The right.
#### Summary dismissal.
#### Making of payments.
#### Death of employer: lay-off and short-time.
#### References to employment tribunals.
#### Employee’s rights on insolvency of employer.
#### National security.
#### Law governing employment.
#### Institution or continuance of tribunal proceedings.
#### Extension of time limits to facilitate conciliation before institution of proceedings
#### Remedies
#### The right.
#### Introductory.
#### Associated employers.
#### Procedural fairness
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application to police.
## PART 2A — Zero hours workers
##### 27A
- (1) In this section “*zero hours contract*” means a contract of employment or other worker's contract under which—
- (a) the undertaking to do or perform work or services is an undertaking to do so conditionally on the employer making work or services available to the worker, and
- (b) there is no certainty that any such work or services will be made available to the worker.
- (2) For this purpose, an employer makes work or services available to a worker if the employer requests or requires the worker to do the work or perform the services.
- (3) Any provision of a zero hours contract which—
- (a) prohibits the worker from doing work or performing services under another contract or under any other arrangement, or
- (b) prohibits the worker from doing so without the employer's consent,
is unenforceable against the worker.
- (4) Subsection (3) is to be disregarded for the purposes of determining any question whether a contract is a contract of employment or other worker's contract.
##### 27B
- (1) The Secretary of State may by regulations make provision for the purpose of securing that zero hours workers, or any description of zero hours workers, are not restricted by any provision or purported provision of their contracts or arrangements with their employers from doing any work otherwise than under those contracts or arrangements.
- (2) In this section, “*zero hours workers*” means—
- (a) employees or other workers who work under zero hours contracts;
- (b) individuals who work under non-contractual zero hours arrangements;
- (c) individuals who work under worker's contracts of a kind specified by the regulations.
- (3) The worker's contracts which may be specified by virtue of subsection (2)(c) are those in relation to which the Secretary of State considers it appropriate for provision made by the regulations to apply, having regard, in particular, to provision made by the worker's contracts as to income, rate of pay or working hours.
- (4) In this section “*non-contractual zero hours arrangement*” means an arrangement other than a worker's contract under which—
- (a) an employer and an individual agree terms on which the individual will do any work where the employer makes it available to the individual and the individual agrees to do it, but
- (b) the employer is not required to make any work available to the individual, nor the individual required to accept it,
and in this section “*employer*”, in relation to a non-contractual zero hours arrangement, is to be read accordingly.
- (5) Provision that may be made by regulations under subsection (1) includes provision for—
- (a) modifying—
- (i) zero hours contracts;
- (ii) non-contractual zero hours arrangements;
- (iii) other worker's contracts;
- (b) imposing financial penalties on employers;
- (c) requiring employers to pay compensation to zero hours workers;
- (d) conferring jurisdiction on employment tribunals;
- (e) conferring rights on zero hours workers.
- (6) Provision that may be made by virtue of subsection (5)(a) may, in particular, include provision for exclusivity terms in prescribed categories of worker's contracts to be unenforceable, in cases in which section 27A does not apply.
For this purpose an exclusivity term is any term by virtue of which a worker is restricted from doing any work otherwise than under the worker's contract.
- (7) Regulations under this section may—
- (a) make different provision for different purposes;
- (b) make provision subject to exceptions.
- (8) For the purposes of this section—
- (a) “*zero hours contract*” has the same meaning as in section 27A;
- (b) an employer makes work available to an individual if the employer requests or requires the individual to do it;
- (c) references to work and doing work include references to services and performing them.
- (9) Nothing in this section is to be taken to affect any worker's contract except so far as any regulations made under this section expressly apply in relation to it.
#### Jury service
## PART 5A — Protection for applicants for employment etc in the health service
##### 49B
- (1) The Secretary of State may make regulations prohibiting an NHS employer from discriminating against an applicant because it appears to the NHS employer that the applicant has made a protected disclosure.
- (2) An “*applicant*”, in relation to an NHS employer, means an individual who applies to the NHS employer for—
- (a) a contract of employment,
- (b) a contract to do work personally, or
- (c) appointment to an office or post.
- (3) For the purposes of subsection (1), an NHS employer discriminates against an applicant if the NHS employer refuses the applicant's application or in some other way treats the applicant less favourably than it treats or would treat other applicants in relation to the same contract, office or post.
- (4) Regulations under this section may, in particular—
- (a) make provision as to circumstances in which discrimination by a worker or agent of an NHS employer is to be treated, for the purposes of the regulations, as discrimination by the NHS employer;
- (b) confer jurisdiction (including exclusive jurisdiction) on employment tribunals or the Employment Appeal Tribunal;
- (c) make provision for or about the grant or enforcement of specified remedies by a court or tribunal;
- (d) make provision for the making of awards of compensation calculated in accordance with the regulations;
- (e) make different provision for different cases or circumstances;
- (f) make incidental or consequential provision, including incidental or consequential provision amending—
- (i) an Act of Parliament (including this Act),
- (ii) an Act of the Scottish Parliament,
- (iii) a Measure or Act of the National Assembly for Wales, or
- (iv) an instrument made under an Act or Measure within any of sub-paragraphs (i) to (iii).
- (5) Subsection (4)(f) does not affect the application of section 236(5) to the power conferred by this section.
- (6) “*NHS employer*” means an NHS public body prescribed by regulations under this section.
- (7) “*NHS public body*” means—
- (a) NHS England;
- (b) an integrated care board;
- (c) a Special Health Authority;
- (d) an NHS trust;
- (e) an NHS foundation trust;
- (f) the Care Quality Commission;
- (g) Health Education England;
- (h) the Health Research Authority;
- (i) the Health and Social Care Information Centre;
- (j) the National Institute for Health and Care Excellence;
- (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (l) a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
- (m) the Common Services Agency for the Scottish Health Service;
- (n) Healthcare Improvement Scotland;
- (o) a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978;
- (p) a Special Health Board constituted under that section.
- (8) The Secretary of State must consult the Welsh Ministers before making regulations prescribing any of the following NHS public bodies for the purposes of the definition of “NHS employer”—
- (a) a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006;
- (b) an NHS trust established under section 18 of that Act;
- (c) a Local Health Board established under section 11 of that Act.
- (9) The Secretary of State must consult the Scottish Ministers before making regulations prescribing an NHS public body within any of paragraphs (m) to (p) of subsection (7) for the purposes of the definition of “NHS employer”.
- (10) For the purposes of subsection (4)(a)—
- (a) “worker” has the extended meaning given by section 43K, and
- (b) a person is a worker of an NHS employer if the NHS employer is an employer in relation to the person within the extended meaning given by that section.
#### Right to time off to look for work or arrange training.
#### Right to remuneration for time off under section 57ZJ
#### Right to paid time off to attend adoption appointments: agency workers
#### Right to time off for public duties.
#### Complaints to employment tribunals.
#### Right to time off for ante-natal care.
#### Placement of looked after children with prospective adopters
#### Complaint to employment tribunal
#### Complaint to employment tribunal.
#### Agency workers: supplementary
#### Right to payment for time off under section 58.
#### Right to paid time off to attend adoption appointments: agency workers
#### Time off for dependants.
#### Complaints to employment tribunals.
#### Statutory right to make request in relation to study or training
#### Section 63D application: supplementary
#### Employee's duties in relation to agreed study or training
#### Remedies
#### Exclusions from right to remuneration.
#### Complaints to employment tribunals: agency workers
#### Additional maternity leave.
#### Redundancy and dismissal.
#### Sections 71 to 73: supplemental.
#### Ordinary adoption leave
#### Additional adoption leave
#### Right to remuneration for time off under section 63A.
#### Entitlement to shared parental leave: adoption
#### Entitlement to leave under section 75G: further provision
#### Additional maternity leave.
#### Redundancy and dismissal.
#### Sections 71 to 73: supplemental.
#### Special cases.
#### Sections 71 to 73: supplemental.
#### Complaint to employment tribunal.
#### Entitlement to ... paternity leave: birth
#### Entitlement to additional paternity leave: birth
#### Redundancy and dismissal
#### Chapter 3: supplemental
#### Statutory right to request contract variation
#### Parental bereavement leave
#### Special cases
#### Chapter 3: supplemental
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### No normal retirement age: dismissal at or after 65
#### Normal retirement age: dismissal before retirement age
#### Normal retirement age 65 or higher: dismissal at or after retirement age
#### Normal retirement age below 65: dismissal at or after retirement age
#### Reason for dismissal: particular matters
#### Retirement dismissals: fairness
#### Interpretation
#### Leave for family reasons.
#### Health and safety cases.
#### Employer’s duties in relation to application under section 80F
#### Complaints to employment tribunals
#### Retirement dismissals: fairness
#### Tax credits
#### Pension enrolment
#### Interpretation
#### Interpretation
#### Upper age limit.
#### Pressure on employer to dismiss unfairly.
#### Tax credits
#### The remedies: orders and compensation.
#### The orders.
#### Basic award of two weeks’ pay in certain cases.
#### Application to police.
#### The right.
#### Summary dismissal.
#### Pressure on employer to dismiss unfairly.
#### Making of payments.
#### Death of employer: lay-off and short-time.
#### Complaints to employment tribunal.
#### Confidentiality of negotiations before termination of employment
#### Debts to which Part applies.
#### National security.
#### Police officers.
#### Law governing employment.
#### Institution or continuance of tribunal proceedings.
#### Insolvency.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introductory.
#### Power to extend employment legislation to offshore employment.
#### Introductory.
#### Associated employers.
#### Institution or continuance of tribunal proceedings.
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
##### 43FA
- (1) The Secretary of State may make regulations requiring a person prescribed for the purposes of section 43F to produce an annual report on disclosures of information made to the person by workers.
- (2) The regulations must set out the matters that are to be covered in a report, but must not require a report to provide detail that would enable either of the following to be identified—
- (a) a worker who has made a disclosure;
- (b) an employer or other person in respect of whom a disclosure has been made.
- (3) The regulations must make provision about the publication of a report, and such provision may include (but is not limited to) any of the following requirements—
- (a) to send the report to the Secretary of State for laying before Parliament;
- (b) to include the report in another report or in information required to be published by the prescribed person;
- (c) to publish the report on a website.
- (4) The regulations may make provision about the time period within which a report must be produced and published.
- (5) Regulations under subsections (2) to (4) may make different provision for different prescribed persons.
#### Right to time off for ante-natal care (agency workers)
#### Right to time off to accompany to ante-natal appointment: agency workers
#### Agency workers: supplementary
#### Right to paid time off to attend adoption appointments
#### Right to remuneration for time off under section 57ZJ
#### Agency workers: supplementary
#### Complaint to employment tribunal.
#### Right to time off for pension scheme trustees.
#### Right to time off for pension scheme trustees.
#### Complaint to employment tribunal.
#### Right to payment for time off under section 58.
#### Right to remuneration for time off under section 63A.
#### Section 63D application: supplementary
#### Remedies
#### Complaints to employment tribunals.
#### Complaints to employment tribunals: agency workers
#### Compulsory maternity leave.
#### Exclusions from right to remuneration.
#### Complaints to employment tribunals
#### Chapter 1A: supplemental
#### Entitlement to leave under section 75E: further provision
#### Entitlement to shared parental leave: adoption
#### Redundancy and dismissal
#### Entitlement to leave under section 75G: further provision
#### Entitlement to shared parental leave: adoption
#### Special cases.
#### Special cases.
#### Complaint to employment tribunal.
#### Entitlement to additional paternity leave: birth
#### Entitlement to ... paternity leave: birth
#### Special cases
#### Chapter 3: supplemental
#### Statutory right to request contract variation
#### Employer’s duties in relation to application under section 80F
#### Complaints to employment tribunals
#### Employer’s duties in relation to application under section 80F
#### Supplementary.
#### Circumstances in which an employee is dismissed.
#### Complaints to employment tribunals
#### No normal retirement age: dismissal at or after 65
#### Normal retirement age: dismissal before retirement age
#### Normal retirement age 65 or higher: dismissal at or after retirement age
#### Employer’s duties in relation to application under section 80F
#### Reason for dismissal: particular matters
#### Complaints to employment tribunals
#### Jury service
#### Leave for family reasons.
#### Retirement dismissals: fairness
#### Employee representatives.
#### Assertion of statutory right.
#### Leave for family reasons.
#### Flexible working
#### Study and training
#### Pension enrolment
#### Dismissal procedures agreements.
#### The remedies: orders and compensation.
#### Order for reinstatement.
#### Basic award: reductions.
#### Application to police.
#### Circumstances in which an employee is dismissed.
#### Renewal of contract or re-engagement.
#### Confidentiality of negotiations before termination of employment
#### Confidentiality of negotiations before termination of employment
#### Death of employee.
#### Basic award: reductions.
#### Making of payments.
#### The appropriate date.
#### Debts to which Part applies.
#### Power to extend employment legislation to offshore employment.
#### Applications for payments.
#### Power to extend employment legislation to offshore employment.
#### Extension of time limits to facilitate conciliation before institution of proceedings
#### Rights and liabilities accruing after death.
#### Rights and liabilities accruing after death.
#### Reinstatement or re-engagement of dismissed employee.
#### General.
#### Shop workers.
#### Other definitions.
#### Financial provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Additional adoption leave
#### Redundancy and dismissal
#### Entitlement to shared parental leave: birth
#### Entitlement to leave under section 75G: further provision
#### Entitlement to shared parental leave: birth
#### Entitlement to parental leave.
#### Entitlement to leave under section 75G: further provision
#### Rights during and after shared parental leave
#### Rights during and after parental leave.
#### Entitlement to additional paternity leave: birth
#### Entitlement to additional paternity leave: adoption
#### Rights during and after paternity leave
#### Chapter 3: supplemental
#### Statutory right to request contract variation
#### Complaints to employment tribunals
#### Remedies
#### Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
#### The right.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### No normal retirement age: dismissal at or after 65
#### No normal retirement age: dismissal at or after 65
#### Normal retirement age: dismissal before retirement age
#### Normal retirement age 65 or higher: dismissal at or after retirement age
#### Normal retirement age below 65: dismissal at or after retirement age
#### Reason for dismissal: particular matters
#### Procedural fairness
#### Reason for dismissal: particular matters
#### Health and safety cases.
#### Trustees of occupational pension schemes.
#### Protected disclosure.
#### Shop workers and betting workers who refuse Sunday work.
#### Trustees of occupational pension schemes.
#### Employee shareholder status
#### Replacements.
#### Upper age limit.
#### Complaints to employment tribunal.
#### Confidentiality of negotiations before termination of employment
#### The remedies: orders and compensation.
#### The orders.
#### The remedies: orders and compensation.
#### The orders.
#### Complaints to employment tribunal.
#### Summary dismissal.
#### Death of employer: lay-off and short-time.
#### References to employment tribunals.
#### Employee’s rights on insolvency of employer.
#### Circumstances in which an employee is dismissed.
#### Written particulars of redundancy payment.
#### Law governing employment.
#### Remedy for infringement of certain rights.
#### Extension of time limits to facilitate conciliation before institution of proceedings
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introductory.
#### Reinstatement or re-engagement of dismissed employee.
#### Introductory.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### General.
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
##### 41A
- (1) A shop worker may at any time give to his or her employer a written notice, signed and dated by the shop worker, to the effect that he or she objects to doing shop work for additional hours on Sunday.
- (2) In this Part—
- “*additional hours*” means any number of hours of shop work that a shop worker is (or could be) required to work under a contract of employment on Sunday that are (or would be) in excess of the shop worker's normal Sunday working hours;
- “*objection notice*” means a notice given under subsection (1).
- (3) The “normal Sunday working hours” of a shop worker are to be calculated in accordance with regulations.
- (4) Regulations under this section may provide—
- (a) for the calculation to be determined (for example) by reference to the average number of hours that the shop worker has worked on Sundays during a period specified or described in the regulations;
- (b) for a calculation of the kind mentioned in paragraph (a) to be varied in special cases;
- (c) for the right to give an objection notice not to be exercisable in special cases (and subsection (1) is subject to provision made by virtue of this paragraph).
- (5) Provision under subsection (4)(b) or (c) may, in particular, include provision—
- (a) about how the calculation of normal Sunday working hours is to be made in the case of a shop worker who has not been employed for a sufficient period of time to enable a calculation to be made as otherwise provided for in the regulations;
- (b) for the right to give an objection notice not to be exercisable by such a shop worker until he or she has completed a period of employment specified or described in the regulations.
- (6) But regulations under this section may not include provision preventing a shop worker who has been continuously employed under a contract of employment for a period of one year or more from giving to the employer an objection notice.
- (7) Regulations under this section may make different provision for different purposes.
##### 41B
- (1) This section applies where a person becomes a shop worker who, under a contract of employment, is or may be required to do shop work on Sundays.
- (2) The employer must give to the shop worker a written statement informing the shop worker of the following rights—
- (a) the right to object to working on Sundays by giving the employer an opting-out notice (if section 40 applies to the shop worker);
- (b) the right to object to doing shop work for additional hours on Sundays by giving the employer an objection notice.
- (3) The statement must be given before the end of the period of two months beginning with the day on which the person becomes a shop worker as mentioned in subsection (1).
- (4) An employer does not fail to comply with subsections (2) and (3) in a case where, before the end of the period referred to in subsection (3), the shop worker has given to the employer an opting-out notice (and that notice has not been withdrawn).
- (5) A statement under this section must comply with such requirements as to form and content as regulations may provide.
- (6) Regulations under this section may make different provision for different purposes.
##### 41C
- (1) This section applies where—
- (a) under a contract of employment a shop worker is or may be required to do shop work on Sundays, and
- (b) the shop worker was employed under that contract on the day before the commencement date.
- (2) The shop worker's employer must give to the shop worker a written statement informing the shop worker of the rights mentioned in section 41B(2).
- (3) The statement must be given before the end of the period of two months beginning with the commencement date.
- (4) An employer does not fail to comply with subsections (2) and (3) in a case where, before the end of the period referred to in subsection (3), the shop worker has given to the employer an opting-out notice (and that notice has not been withdrawn).
- (5) A statement under this section must comply with such requirements as to form and content as regulations may provide.
- (6) Regulations under this section may make different provision for different purposes.
- (7) In this section “*commencement date*” means the date appointed by regulations under section 44 of the Enterprise Act 2016 for the coming into force of section 33 of, and Schedule 5 to, that Act.
##### 41D
- (1) This section applies if an employer fails to give to a shop worker a written statement in accordance with—
- (a) section 41B(2) and (3), or
- (b) section 41C(2) and (3).
- (2) If the shop worker gives to the employer an opting-out notice, the notice period under section 41(3) that applies in relation to the shop worker is varied as follows—
- (a) if the notice period under that provision would have been one month, it becomes 7 days instead;
- (b) if the notice period under that provision would have been three months, it becomes one month instead.
- (3) If the shop worker gives to the employer an objection notice, the relevant period under section 43ZA(2) that applies in relation to the shop worker is varied as follows—
- (a) if the relevant period under that provision would have been one month, it becomes 7 days instead;
- (b) if the relevant period under that provision would have been three months, it becomes one month instead.
##### 43ZA
- (1) Where a shop worker gives to his or her employer an objection notice, any agreement entered into between the shop worker and the employer becomes unenforceable to the extent that—
- (a) it requires the shop worker to do shop work for additional hours on Sunday after the end of the relevant period, or
- (b) it requires the employer to provide the shop worker with shop work for additional hours on Sunday after the end of that period.
- (2) The “relevant period” is—
- (a) in the case of a shop worker who is or may be required to do shop work in or about a large shop, the period of one month beginning with the day on which the objection notice is given;
- (b) in any other case, the period of three months beginning with that day.
This subsection is subject to section 41D(3).
- (3) A shop worker who has given an objection notice may revoke the notice by giving a further written notice to the employer.
- (4) Where—
- (a) a shop worker gives to the employer a notice under subsection (3), and
- (b) after giving the notice the shop worker expressly agrees with the employer to do shop work for additional hours on Sunday (whether on Sundays generally or on a particular Sunday),
the contract of employment between the shop worker and the employer is to be taken to be varied to the extent necessary to give effect to the terms of the agreement.
- (5) The reference in subsection (1) to any agreement—
- (a) includes the contract of employment under which the shop worker is employed immediately before giving the objection notice;
- (b) includes an agreement of a kind mentioned in subsection (4), or a contract of employment as taken to be varied under that subsection, only if an objection notice is given in relation to the working of additional hours under that agreement or contract as varied.
##### 43ZB
- (1) In this Part—
- “*additional hours*” has the meaning given in section 41A(2);
- “*large shop*” means a shop which has a relevant floor area exceeding 280 square metres;
- “*objection notice*” has the meaning given in section 41A(2);
- “*regulations*” means regulations made by the Secretary of State.
- (2) In the definition of “large shop” in subsection (1)—
- (a) “*shop*” means any premises where there is carried on a trade or business consisting wholly or mainly of the sale of goods;
- (b) “*relevant floor area*” means the internal floor area of so much of the large shop in question as consists of or is comprised in a building.
- (3) For the purposes of subsection (2), any part of the shop which is not used for the serving of customers in connection with the sale or display of goods is to be disregarded.
- (4) The references in subsections (2) and (3) to the sale of goods does not include—
- (a) the sale of meals, refreshments or alcohol (within the meaning of the Licensing Act 2003 or, in relation to Scotland, the Licensing (Scotland) Act 2005 (asp 16)) for consumption on the premises on which they are sold, or
- (b) the sale of meals or refreshments prepared to order for immediate consumption off those premises.
##### 45ZA
- (1) Subsection (2) applies where a shop worker has given an objection notice to his or her employer and the notice has not been withdrawn.
- (2) The shop worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the employer done on the ground that the shop worker refused (or proposed to refuse) to do shop work for additional hours on Sunday or on a particular Sunday.
- (3) Subsection (2) does not apply to anything done on the ground that the shop worker refused (or proposed to refuse) to do shop work for additional hours on any Sunday or Sundays falling before the end of the relevant period.
- (4) A shop worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his or her employer on the ground that the shop worker gave (or proposed to give) an objection notice to the employer.
- (5) Subsections (2) and (4) do not apply where the detriment in question amounts to dismissal (within the meaning of Part 10).
- (6) For the purposes of this section, a shop worker who does not do shop work for additional hours on Sunday or on a particular Sunday is not to be regarded as having been subjected to any detriment by—
- (a) a failure to pay remuneration in respect of doing shop work for additional hours on Sunday which the shop worker has not done, or
- (b) a failure to provide any other benefit where the failure results from the application (in relation to a Sunday on which the shop worker has not done shop work for additional hours) of a contractual term under which the extent of the benefit varies according to the number of hours worked by, or the remuneration paid to, the shop worker.
- (7) Subsections (8) and (9) apply where—
- (a) an employer offers to pay a sum specified in the offer to a shop worker if he or she agrees to do shop work for additional hours on Sunday or on a particular Sunday, and
- (b) the shop worker—
- (i) has given an objection notice to the employer that has not been withdrawn, or
- (ii) is not obliged under a contract of employment to do shop work for additional hours on Sunday.
- (8) A shop worker to whom the offer is not made is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure—
- (a) to make the offer to the shop worker, or
- (b) to pay the shop worker the sum specified in the offer.
- (9) A shop worker who does not accept the offer is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure to pay the shop worker the sum specified in the offer.
- (10) In this section—
- “additional hours” and “objection notice” have the meanings given by section 41A(2);
- “*relevant period*” means the period determined by section 43ZA(2) (but subject to section 41D(3)).
#### Employees exercising right to time off work for study or training.
#### Protected disclosures.
#### Right to remuneration for time off under section 52.
#### Complaints to employment tribunals.
#### Complaint to employment tribunal
#### Right to time off to accompany to ante-natal appointment: agency workers
#### Complaint to employment tribunal: agency workers
#### Right to paid time off to attend adoption appointments
#### Complaint to employment tribunal
#### Right to remuneration for time off under section 57ZN
#### Complaint to employment tribunal: agency workers
#### Agency workers: supplementary
#### Placement of looked after children with prospective adopters
#### Right to payment for time off under section 58.
#### Complaints to employment tribunals.
#### Right to time off for young person in Wales or Scotland for study or training.
#### Right to remuneration for time off under section 63A.
#### Statutory right to make request in relation to study or training
#### Statutory right to make request in relation to study or training
#### Employee's duties in relation to agreed study or training
#### Meaning of suspension on maternity grounds.
#### Section 63D application: supplementary
#### Sections 71 to 73: supplemental.
#### Ordinary adoption leave
#### Entitlement to leave under section 75E: further provision
#### Special cases.
#### Special cases.
#### Rights during and after parental leave.
#### Entitlement to ... paternity leave: birth
#### Entitlement to ... paternity leave: adoption
#### Entitlement to additional paternity leave: adoption
#### Rights during and after paternity leave
#### Special cases
#### Chapter 3: supplemental
#### Statutory right to request contract variation
#### The right.
#### Circumstances in which an employee is dismissed.
#### Retirement dismissals: fairness
#### Normal retirement age 65 or higher: dismissal at or after retirement age
#### Normal retirement age below 65: dismissal at or after retirement age
#### Reason for dismissal: particular matters
#### Leave for family reasons.
##### 101ZA
- (1) Subsection (2) applies where a shop worker has given an objection notice that has not been withdrawn and he or she is dismissed.
- (2) The shop worker is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or the principal reason) for the dismissal is that he or she refused, or proposed to refuse, to do shop work for additional hours on Sunday or on a particular Sunday.
- (3) Subsection (2) does not apply where the reason (or principal reason) for the dismissal is that the shop worker refused (or proposed to refuse) to do shop work for additional hours on any Sunday or Sundays falling before the end of the relevant period.
- (4) A shop worker who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or principal reason) for the dismissal is that the worker gave (or proposed to give) an objection notice to the employer.
- (5) In this section—
- “additional hours” and “objection notice” have the meanings given by section 41A(2);
- “*relevant period*” means the period determined by section 43ZA(2) (but subject to section 41D(3)).
#### Working time cases.
#### Employee representatives.
#### Assertion of statutory right.
#### The national minimum wage.
#### Study and training
#### Effective date of termination.
#### Statutory right to request contract variation
#### Disclosure to prescribed person.
#### Study and training
#### Redundancy.
#### Replacements.
#### Upper age limit.
#### Disclosure to Minister of the Crown.
#### Disclosure in other cases.
#### Complaints to employment tribunal.
#### The remedies: orders and compensation.
#### The orders.
#### Basic award of two weeks’ pay in certain cases.
#### Application to police.
#### The right.
#### Summary dismissal.
#### Making of payments.
#### Death of employer: lay-off and short-time.
#### References to employment tribunals.
#### Employee’s rights on insolvency of employer.
#### Debts to which Part applies.
#### National security.
#### Remedy for infringement of certain rights.
#### Rights and liabilities accruing after death.
#### Extension of time limits to facilitate conciliation before institution of proceedings
#### Powers to amend Act.
#### Period of continuous employment.
#### Reinstatement or re-engagement of dismissed employee.
#### Shop workers.
#### Other definitions.
#### Financial provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### The national minimum wage.
#### Flexible working
#### Redundancy.
#### Pressure on employer to dismiss unfairly.
#### Dismissal procedures agreements.
#### Complaints to employment tribunal.
#### The remedies: orders and compensation.
#### The remedies: orders and compensation.
#### Basic award: reductions.
#### Circumstances in which an employee is dismissed.
#### Renewal of contract or re-engagement.
#### National security.
#### Death of employee.
#### Old statutory compensation schemes.
#### Insolvency.
#### House of Lords staff.
#### Police officers.
#### Extension of time limits to facilitate conciliation before institution of proceedings
#### Introductory.
#### Reinstatement or re-engagement of dismissed employee.
#### General.
#### Shop workers.
#### Other definitions.
#### Financial provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Police officers.
#### Institution or continuance of tribunal proceedings.
#### Extension of time limits to facilitate conciliation before institution of proceedings
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introductory.
#### Reinstatement or re-engagement of dismissed employee.
#### Introductory.
#### Associated employers.
#### Normal working hours.
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Application to police of section 44 and related provisions.
#### Complaints to employment tribunals.
#### Right to time off to look for work or arrange training.
#### Right to time off for ante-natal care.
#### Right to time off for ante-natal care (agency workers)
#### Right to time off to accompany to ante-natal appointment: agency workers
#### Right to remuneration for time off under section 57ZJ
#### Complaint to employment tribunal: agency workers
#### Agency workers: supplementary
#### Time off for dependants.
#### Right to time off for employee representatives.
#### Right to time off for young person in Wales or Scotland for study or training.
#### Complaints to employment tribunals.
#### Employee's duties in relation to agreed study or training
#### Remedies
#### Right to time off for ante-natal care.
#### Contractual requirements relating to Sunday work.
#### Right to time off for employee representatives.
#### Disclosures qualifying for protection.
#### Disclosure to employer or other responsible person.
#### Complaints to employment tribunals.
#### Disclosure in other cases.
#### Contractual duties of confidentiality.
#### Compulsory maternity leave.
#### Additional maternity leave.
#### Redundancy and dismissal.
#### Ordinary adoption leave
#### Additional adoption leave
#### Redundancy and dismissal
#### Entitlement to parental leave.
#### Special cases.
#### Supplemental.
#### Complaint to employment tribunal.
#### Entitlement to additional paternity leave: birth
#### Entitlement to ... paternity leave: adoption
#### Entitlement to additional paternity leave: adoption
#### Rights during and after paternity leave
### CHAPTER 4 — Parental bereavement leave
#### Parental bereavement leave
##### 80EA
- (1) The Secretary of State must make regulations entitling an employee who is a bereaved parent to be absent from work on leave under this section.
- (2) For the purposes of subsection (1) an employee is a “bereaved parent” if the employee satisfies conditions specified in the regulations as to relationship with a child who has died.
- (3) The conditions specified under subsection (2) may be framed, in whole or in part, by reference to the employee's care of the child before the child's death.
- (4) The regulations must include provision for determining—
- (a) the extent of an employee's entitlement to leave under this section in respect of a child;
- (b) when leave under this section may be taken.
- (5) Provision under subsection (4)(a) must secure that where an employee is entitled to leave under this section in respect of a child the employee is entitled to at least two weeks' leave.
- (6) Provision under subsection (4)(b) must secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child's death.
- (7) The regulations must secure that where a person is eligible under subsection (1) as the result of the death of more than one child, the person is entitled to leave in respect of each child.
- (8) The regulations may make provision about how leave under this section is to be taken.
- (9) In this section—
- “*child*” means a person under the age of 18 (see also section 80EE for the application of this Chapter in relation to stillbirths);
- “*week*” means any period of seven days.
##### 80EB
- (1) Regulations under section 80EA must provide—
- (a) that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied but for the absence,
- (b) that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and
- (c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80EC(1).
- (2) The reference in subsection (1)(c) to absence on leave under section 80EA includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—
- (a) maternity leave,
- (b) paternity leave,
- (c) adoption leave,
- (d) shared parental leave, and
- (e) parental leave.
- (3) In subsection (1)(a), “terms and conditions of employment”—
- (a) includes matters connected with an employee's employment whether or not they arise under the contract of employment, but
- (b) does not include terms and conditions about remuneration.
- (4) Regulations under section 80EA may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.
- (5) Regulations under section 80EA may make provision, in relation to the right to return mentioned in subsection (1)(c), about—
- (a) seniority, pension rights and similar rights;
- (b) terms and conditions of employment on return.
##### 80EC
- (1) Regulations under section 80EA may make provision about—
- (a) redundancy, or
- (b) dismissal (other than by reason of redundancy),
during a period of leave under that section.
- (2) Provision by virtue of subsection (1) may include—
- (a) provision requiring an employer to offer alternative employment;
- (b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10).
##### 80ED
Regulations under section 80EA may—
- (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers;
- (b) make provision requiring employers or employees to keep records;
- (c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;
- (d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);
- (e) make special provision for cases where an employee has a right which corresponds to a right under section 80EA and which arises under the person's contract of employment or otherwise;
- (f) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week's pay) in relation to an employee who is or has been absent from work on leave under section 80EA;
- (g) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 80EA;
- (h) make different provision for different cases or circumstances;
- (i) make consequential provision.
##### 80EE
In this Chapter—
- (a) references to a child include a child stillborn after twenty-four weeks of pregnancy, and
- (b) references to the death of a child are to be read, in relation to a stillborn child, as references to the birth of the child.
#### Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Procedural fairness
#### Normal retirement age: dismissal before retirement age
#### Normal retirement age 65 or higher: dismissal at or after retirement age
#### Normal retirement age below 65: dismissal at or after retirement age
#### Interpretation
#### Leave for family reasons.
#### Health and safety cases.
#### Working time cases.
#### Pension enrolment
#### Protected disclosure.
#### The national minimum wage.
#### Tax credits
#### Pension enrolment
#### Employee shareholder status
#### Dismissal procedures agreements.
#### Order for reinstatement.
#### Renewal of contract or re-engagement.
#### Amount of payments.
#### The appropriate date.
#### Remedy for infringement of certain rights.
#### Period of continuous employment.
#### Reinstatement or re-engagement of dismissed employee.
#### General.
#### Shop workers.
#### Other definitions.
#### Financial provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
### Request for employment particulars by pre-6 April 2020 employee or pre- TURERA employee
##### 7B
- (1) Where an existing employee (as defined in paragraph 7A(1)) or a pre-TURERA employee (as defined in paragraph 7(1)) at any time—
- (a) on or after 6 April 2020, and
- (b) either before the end of the employee’s employment or within the period of three months beginning with the day on which the employee’s employment ends,
requests from the employer a statement under section 1 of this Act, the employer shall (subject to section 5 and any other provisions disapplying or having the effect of disapplying sections 1 to 4) be treated as being required by section 1 to give him a written statement under that section not later than 1 month after the request is made and section 4 of this Act shall (subject to that) apply in relation to the employee after he makes the request.
- (4) An employer is not required to give an existing employee or a pre-TURERA employee a statement under section 1 pursuant to sub-paragraph (1) on more than one occasion.
- (5) Where—
- (a) on or after 6 April 2020 there is in the case of an existing employee or a pre-TURERA employee a change in any of the matters particulars of which would, had they have been given a statement of particulars on or after 6 April 2020 under section 1 of this Act (as amended), have been included or referred to in the statement, and
- (b) he has not previously requested a statement under sub-paragraph (1),
subsection (1) of section 4 of this Act shall be treated (subject to section 5 and any other provision disapplying or having the effect of disapplying section 4) as requiring his employer to give him a written statement containing particulars of the change at the time specified in subsection (3) of section 4; and the other provisions of section 4 apply accordingly.
- (6) A reference in this paragraph to section 1 or section 4 is a reference to that section as amended by the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018.
### Monetary limits in old cases
#### Application of this Part and related provisions to police
#### Other interpretative provisions.
#### Employees exercising right to time off work for study or training.
#### Protected disclosures.
#### Tax credits
#### Right to remuneration for time off under section 61.
#### Right to remuneration for time off under section 63A.
#### Section 63D application: supplementary
#### Compulsory maternity leave.
#### Redundancy and dismissal.
#### Additional adoption leave
#### Redundancy and dismissal
#### Entitlement to leave under section 75G: further provision
#### Entitlement to parental leave.
#### Entitlement to ... paternity leave: birth
#### Entitlement to additional paternity leave: birth
#### Entitlement to ... paternity leave: adoption
#### Entitlement to additional paternity leave: adoption
#### Rights during and after paternity leave
#### Special cases
#### Chapter 3: supplemental
#### Statutory right to request contract variation
#### Employer’s duties in relation to application under section 80F
#### Remedies
#### Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
#### Working time cases.
#### Protected disclosure.
#### The national minimum wage.
#### Employee shareholder status
#### Replacements.
#### Upper age limit.
#### Complaints to employment tribunal.
#### Basic award of two weeks’ pay in certain cases.
#### Application to police.
#### The right.
#### Summary dismissal.
#### Death of employer: lay-off and short-time.
#### Disclosure of exceptionally serious failure.
#### Statutory right to make request in relation to study or training
#### Tax credits
#### Disclosure in other cases.
#### Basic award of two weeks’ pay in certain cases.
#### Application to police.
#### Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
#### Disclosure to prescribed person.
#### Death of employee.
#### Disclosure to employer or other responsible person.
#### Disclosure to legal adviser.
#### Right to remuneration for time off under section 55.
#### Application to police.
#### Summary dismissal.
#### Disclosure of exceptionally serious failure.
#### Disclosure to employer or other responsible person.
#### References to employment tribunals.
#### Employee’s rights on insolvency of employer.
#### Police officers.
#### Law governing employment.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introductory.
#### Replacements.
#### Protected shop workers and betting workers.
#### Exemption orders.
#### Right to time off for young person for study or training.
#### Disclosures qualifying for protection.
#### Complaint to employment tribunal.
#### Employee’s rights on insolvency of employer.
#### Extension of meaning of “worker” etc. for Part IVA.
#### Right to time off for ante-natal care (agency workers)
#### Leave for family and domestic reasons.
#### Disclosure to employer or other responsible person.
#### Law governing employment.
#### Leave for family reasons.
#### Employee’s rights on insolvency of employer.
#### Additional maternity leave.
#### Period of continuous employment.
#### Extension of meaning of “worker” etc. for Part IVA.
#### Complaints to employment tribunals: agency workers
#### Remedies
#### Disclosure in other cases.
#### Reinstatement or re-engagement of dismissed employee.
#### Introductory.
#### Complaints to employment tribunal.
#### Shop workers and betting workers who refuse Sunday work.
#### Law governing employment.
#### Leave for family reasons.
#### Statutory right to make request in relation to study or training
#### Introductory.
#### Basic award of two weeks’ pay in certain cases.
#### Leave for family reasons.
#### The right.
#### Financial provisions.
#### Remedies.
#### Period of continuous employment.
#### Health and safety cases.
#### Protected disclosure.
#### Associated employers.
#### Normal working hours.
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Orders and regulations.
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Additional adoption leave
#### Complaints to employment tribunals: agency workers
#### Ordinary adoption leave
#### Supplemental.
#### Application to police.
#### Health and safety cases.
#### Remedies.
#### Complaints to employment tribunals.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 7A
- (1) In this paragraph an “existing employee” means an employee whose employment with his employer began on or after 30th November 1993 and before 6th April 2020.
- (2) Subject to paragraph 7B, sections 1 to 7 of this Act apply to an existing employee without the amendments made by regulations 2 to 6 of the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018.
##### 7B
- (1) Where an existing employee (as defined in paragraph 7A(1)) or a pre-TURERA employee (as defined in paragraph 7(1)) at any time—
- (a) on or after 6 April 2020, and
- (b) either before the end of the employee’s employment or within the period of three months beginning with the day on which the employee’s employment ends,
requests from the employer a statement under section 1 of this Act, the employer shall (subject to section 5 and any other provisions disapplying or having the effect of disapplying sections 1 to 4) be treated as being required by section 1 to give him a written statement under that section not later than 1 month after the request is made and section 4 of this Act shall (subject to that) apply in relation to the employee after he makes the request.
- (4) An employer is not required to give an existing employee or a pre-TURERA employee a statement under section 1 pursuant to sub-paragraph (1) on more than one occasion.
- (5) Where—
- (a) on or after 6 April 2020 there is in the case of an existing employee or a pre-TURERA employee a change in any of the matters particulars of which would, had they have been given a statement of particulars on or after 6 April 2020 under section 1 of this Act (as amended), have been included or referred to in the statement, and
- (b) he has not previously requested a statement under sub-paragraph (1),
subsection (1) of section 4 of this Act shall be treated (subject to section 5 and any other provision disapplying or having the effect of disapplying section 4) as requiring his employer to give him a written statement containing particulars of the change at the time specified in subsection (3) of section 4; and the other provisions of section 4 apply accordingly.
- (6) A reference in this paragraph to section 1 or section 4 is a reference to that section as amended by the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018.
#### Notes:
#### Reinstatement or re-engagement of dismissed employee.
#### Normal working hours.
#### Right to time off to look for work or arrange training.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Entitlement to shared parental leave: birth
#### Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
#### Summary dismissal.
#### Death of employer: lay-off and short-time.
#### References to employment tribunals.
#### Employee’s rights on insolvency of employer.
#### Introductory.
#### Basic award: reductions.
#### Normal working hours.
#### Complaints to employment tribunal.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Redundancy.
#### Complaints to employment tribunal.
#### The orders.
#### Right to time off for employee representatives.
#### Right to time off for young person for study or training.
#### Death of employee.
#### Special cases
#### Insolvency.
#### Remedy for infringement of certain rights.
#### Dismissal procedures agreements.
#### Application of this Part and related provisions to police
#### Other definitions.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
##### 104D
- (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, with a view to enforcing in favour of the employee a requirement to which this section applies;
- (b) the employer was prosecuted for an offence under section 45 of the Pensions Act 2008 as a result of action taken for the purpose of enforcing in favour of the employee a requirement to which this section applies; or
- (c) any provision of Chapter 1 of that Part of that Act applies to the employee, or will or might apply.
- (2) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above—
- (a) whether or not the requirement applies in favour of the employee, or
- (b) whether or not the requirement has been contravened,
but, for that subsection to apply, the claim that the requirement applies and, if applicable, the claim that it has been contravened must be made in good faith.
- (3) This section applies to any requirement imposed on the employer by or under any provision of Chapter 1 of Part 1 of the Pensions Act 2008.
- (4) In this section references to enforcing a requirement include references to securing its benefit in any way.
#### Remedies
#### The right.
#### The orders.
#### Basic award of two weeks’ pay in certain cases.
#### Health and safety cases.
#### Leave for family and domestic reasons.
#### Sunday working for shop and betting workers.
#### The remedies: orders and compensation.
#### Trustees of occupational pension schemes.
#### Employee’s rights on insolvency of employer.
#### Right to time off for public duties.
#### Application of this Part and related provisions to police
#### Right to time off for public duties.
#### Remedies
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Order for reinstatement.
#### Application to police.
#### The right.
#### Health and safety cases.
#### Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
#### Employee’s rights on insolvency of employer.
#### Law governing employment.
#### Leave for family and domestic reasons.
#### Remedies.
#### Entitlement to parental leave.
#### Supplemental.
#### Leave for family and domestic reasons.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Right to time off for young person in Wales or Scotland for study or training.
#### Employer’s duties in relation to application under section 80F
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Replacements.
#### Upper age limit.
#### Complaints to employment tribunal.
#### Trustees of occupational pension schemes.
#### Application to police.
#### Other interpretative provisions.
#### Tax credits
#### Right to time off for public duties.
#### Right to time off for pension scheme trustees.
#### Right to time off for employee representatives.
#### Law governing employment.
#### Right to time off for ante-natal care.
#### Reinstatement or re-engagement of dismissed employee.
#### Complaints to employment tribunals.
#### Right to time off to look for work or arrange training.
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Entitlement to parental leave.
#### Application of this Part and related provisions to police
#### Right to time off for ante-natal care.
#### Right to time off for ante-natal care (agency workers)
#### Time off for dependants.
#### Right to time off for pension scheme trustees.
#### Statutory right to make request in relation to study or training
#### Remedies
#### Exclusions from right to remuneration.
#### Complaints to employment tribunals: agency workers
#### Compulsory maternity leave.
#### Ordinary adoption leave
#### Entitlement to parental leave.
#### Supplemental.
#### Entitlement to ordinarypaternity leave: birth
#### Statutory right to request contract variation
#### Remedies.
#### Remedies
#### The right.
#### Leave for family reasons.
#### Health and safety cases.
#### Right to time off for ante-natal care (agency workers)
#### Leave for family and domestic reasons.
#### Complaints to employment tribunal.
#### Complaint to employment tribunal.
#### Jury service
#### Ordinary adoption leave
#### Entitlement to parental leave.
#### Making of payments.
#### Supplementary
#### References to employment tribunals.
#### Employee representatives.
#### Chapter 3: supplemental
#### Introductory.
#### Reinstatement or re-engagement of dismissed employee.
#### Complaints to employment tribunals.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Application of this Part and related provisions to police
#### Remedies.
#### Right to time off for ante-natal care.
#### Leave for family and domestic reasons.
#### Tax credits
#### Right to time off for employee representatives.
#### Other interpretative provisions.
#### Complaints to employment tribunals: agency workers
#### Right to time off for public duties.
#### Ordinary adoption leave
#### Health and safety cases.
#### Right to time off for ante-natal care (agency workers)
#### Right to time off to accompany to ante-natal appointment: agency workers
#### Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
#### The right.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Right to time off for pension scheme trustees.
#### Study and training
#### Application to police of section 44 and related provisions.
#### Complaint to employment tribunal
#### Leave for family reasons.
#### Remedies.
#### Employee shareholder status
#### Application to police.
#### Regulations prohibiting discrimination because of protected disclosure
#### Death of employer: lay-off and short-time.
#### References to employment tribunals.
#### Employee’s rights on insolvency of employer.
#### Rights during and after shared parental leave
#### Rights during and after shared parental leave
#### Reinstatement or re-engagement of dismissed employee.
#### Entitlement to additional paternity leave: birth
#### Normal working hours.
#### Complaint to employment tribunal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Health and safety cases.
#### Remedies.
#### Right to time off to look for work or arrange training.
#### Right to time off for ante-natal care.
#### Health and safety cases.
#### Right to time off for young person in Wales or Scotland for study or training.
#### Right to remuneration for time off under section 63A.
#### Tax credits
#### Jury service
#### Exclusions from right to remuneration.
#### Sunday working for shop and betting workers.
#### Ordinary adoption leave
#### Sunday working for shop and betting workers.
#### Working time cases.
#### Remedies
#### Complaints to employment tribunals: agency workers
#### Statutory right to request contract variation
#### Employer’s duties in relation to application under section 80F
#### Agency workers: supplementary
#### Time off for dependants.
#### Right to remuneration for time off under section 63A.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Redundancy and dismissal.
#### Study and training
#### Right to payment for time off under section 58.
#### Remedies.
#### Complaint to employment tribunal
#### Complaint to employment tribunal: agency workers
#### Right to paid time off to attend adoption appointments: agency workers
#### Confidentiality of negotiations before termination of employment
##### 111A
- (1) Evidence of pre-termination negotiations is inadmissible in any proceedings on a complaint under section 111.
This is subject to subsections (3) to (5).
- (2) In subsection (1) “ *pre-termination negotiations* ” means any offer made or discussions held, before the termination of the employment in question, with a view to it being terminated on terms agreed between the employer and the employee.
- (3) Subsection (1) does not apply where, according to the complainant's case, the circumstances are such that a provision (whenever made) contained in, or made under, this or any other Act requires the complainant to be regarded for the purposes of this Part as unfairly dismissed.
- (4) In relation to anything said or done which in the tribunal's opinion was improper, or was connected with improper behaviour, subsection (1) applies only to the extent that the tribunal considers just.
- (5) Subsection (1) does not affect the admissibility, on any question as to costs or expenses, of evidence relating to an offer made on the basis that the right to refer to it on any such question is reserved.
#### Right to remuneration for time off under section 57ZN
#### Complaint to employment tribunal: agency workers
#### Complaints to employment tribunals.
#### The right.
#### Summary dismissal.
#### Dismissal procedures agreements.
#### Death of employer: lay-off and short-time.
#### Basic award: reductions.
#### Law governing employment.
#### Introductory.
#### Reinstatement or re-engagement of dismissed employee.
#### Complaint to employment tribunal.
#### Normal working hours.
#### Right to time off for employee representatives.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Jury service
#### Leave for family and domestic reasons.
##### 47G
- (1) An employee has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground that the employee refused to accept an offer by the employer for the employee to become an employee shareholder (within the meaning of section 205A).
- (2) This section does not apply if the detriment in question amounts to dismissal within the meaning of Part 10.
#### Application to police of section 44 and related provisions.
#### Complaints to employment tribunals.
#### Right to time off to look for work or arrange training.
#### Right to time off for ante-natal care (agency workers)
#### Time off for dependants.
#### Trustees of occupational pension schemes.
#### Right to time off for employee representatives.
#### Right to time off for young person in Wales or Scotland for study or training.
#### Statutory right to make request in relation to study or training
#### Exclusions from right to remuneration.
#### Compulsory maternity leave.
#### Right to time off for ante-natal care.
#### Complaints to employment tribunals.
#### Statutory right to request contract variation
#### Additional adoption leave
#### Remedies
#### Leave for family and domestic reasons.
#### Leave for family reasons.
#### Health and safety cases.
#### Remedies.
#### Application to police of section 44 and related provisions.
#### Entitlement to parental leave.
##### 104G
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 refused to accept an offer by the employer for the employee to become an employee shareholder (within the meaning of section 205A).
#### Replacements.
#### Upper age limit.
#### Right to remuneration for time off under section 63A.
#### Exclusions from right to remuneration.
#### Additional adoption leave
#### Placement of looked after children with prospective adopters
#### Application to police.
#### Death of employer: lay-off and short-time.
#### References to employment tribunals.
#### The national minimum wage.
### Employee shareholder status
##### 205A
- (1) An individual who is or becomes an employee of a company is an “ employee shareholder ” if—
- (a) the company and the individual agree that the individual is to be an employee shareholder,
- (b) in consideration of that agreement, the company issues or allots to the individual fully paid up shares in the company, or procures the issue or allotment to the individual of fully paid up shares in its parent undertaking, which have a value, on the day of issue or allotment, of no less than £2,000,
- (c) the company gives the individual a written statement of the particulars of the status of employee shareholder and of the rights which attach to the shares referred to in paragraph (b) (“the employee shares”) (see subsection (5)), and
- (d) the individual gives no consideration other than by entering into the agreement.
- (2) An employee who is an employee shareholder does not have—
- (a) the right to make an application under section 63D (request to undertake study or training),
- (b) the right to make an application under section 80F (request for flexible working),
- (c) the right under section 94 not to be unfairly dismissed, or
- (d) the right under section 135 to a redundancy payment.
- (3) The following provisions are to be read in the case of an employee who is an employee shareholder as if for “8 weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”—
- (a) regulation 11 of the Maternity and Parental Leave etc. Regulations 1999 ( S.I. 1999/3312) (requirement for employee to notify employer of intention to return to work during maternity leave period), and
- (b) regulation 25 of the Paternity and Adoption Leave Regulations 2002 ( S.I. 2002/2788) (corresponding provision for adoption leave).
- (4) Regulation 30 of the Additional Paternity Leave Regulations 2010 ( S.I. 2010/1055) (requirement for employee to notify employer of intention to return to work during additional paternity leave period) is to be read in the case of an employee who is an employee shareholder as if for “six weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”.
- (5) The statement referred to in subsection (1)(c) must—
- (a) state that, as an employee shareholder, the individual would not have the rights specified in subsection (2),
- (b) specify the notice periods that would apply in the individual's case as a result of subsections (3) and (4),
- (c) state whether any voting rights attach to the employee shares,
- (d) state whether the employee shares carry any rights to dividends,
- (e) state whether the employee shares would, if the company were wound up, confer any rights to participate in the distribution of any surplus assets,
- (f) if the company has more than one class of shares and any of the rights referred to in paragraphs (c) to (e) attach to the employee shares, explain how those rights differ from the equivalent rights that attach to the shares in the largest class (or next largest class if the class which includes the employee shares is the largest),
- (g) state whether the employee shares are redeemable and, if they are, at whose option,
- (h) state whether there are any restrictions on the transferability of the employee shares and, if there are, what those restrictions are,
- (i) state whether any of the requirements of sections 561 and 562 of the Companies Act 2006 are excluded in the case of the employee shares (existing shareholders' right of pre-emption), and
- (j) state whether the employee shares are subject to drag-along rights or tag-along rights and, if they are, explain the effect of the shares being so subject.
- (6) Agreement between a company and an individual that the individual is to become an employee shareholder is of no effect unless, before the agreement is made—
- (a) the individual, having been given the statement referred to in subsection (1)(c), receives advice from a relevant independent adviser as to the terms and effect of the proposed agreement, and
- (b) seven days have passed since the day on which the individual receives the advice.
- (7) Any reasonable costs incurred by the individual in obtaining the advice (whether or not the individual becomes an employee shareholder) which would, but for this subsection, have to be met by the individual are instead to be met by the company.
- (8) The reference in subsection (2)(b) to making an application under section 80F does not include a reference to making an application within the period of 14 days beginning with the day on which the employee shareholder returns to work from a period of parental leave under regulations under section 76.
- (9) The reference in subsection (2)(c) to unfair dismissal does not include a reference to a dismissal—
- (a) which is required to be regarded as unfair for the purposes of Part 10 by a provision (whenever made) contained in or made under this or any other Act, or
- (b) which amounts to a contravention of the Equality Act 2010.
- (10) The reference in subsection (2)(c) to the right not to be unfairly dismissed does not include a reference to that right in a case where section 108(2) (health and safety cases) applies.
- (11) The Secretary of State may by order amend subsection (1) so as to increase the sum for the time being specified there.
- (12) The Secretary of State may by regulations provide that any agreement for a company to buy back from an individual the shares referred to in subsection (1)(b) in the event that the individual ceases to be an employee shareholder or ceases to be an employee must be on terms which meet the specified requirements.
- (13) In this section—
- “ *company* ” means— a company or overseas company (within the meaning, in each case, of the Companies Act 2006) which has a share capital, or a United Kingdom Societas (or UK Societas) within the meaning of Council Regulation 2157/2001/EC of 8 October 2001 on the Statute for a European company;
- “ *drag-along rights* ”, in relation to shares in a company, means the right of the holders of a majority of the shares, where they are selling their shares, to require the holders of the minority to sell theirs;
- “ *parent undertaking* ” has the same meaning as in the Companies Act 2006;
- “ *relevant independent adviser* ” has the meaning that it has for the purposes of section 203(3)(c);
- “ *tag-along rights* ”, in relation to shares in a company, means the right of the holders of a minority of the shares to sell their shares, where the holders of the majority are selling theirs, on the same terms as those on which the holders of the majority are doing so.
- (14) The reference in this section to the value of shares in a company is a reference to their market value within the meaning of the Taxation of Chargeable Gains Act 1992 (see sections 272 and 273 of that Act).
#### Entitlement to ... paternity leave: birth
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Law governing employment.
#### Complaints to employment tribunals.
#### Normal working hours.
#### Dismissal procedures agreements.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Complaints to employment tribunals.
#### Application of this Part and related provisions to police
#### Trustees of occupational pension schemes.
#### Right to remuneration for time off under section 61.
#### Right to time off for ante-natal care.
#### Complaint to employment tribunal
#### Supplementary
#### Complaints to employment tribunals.
#### Complaints to employment tribunals: agency workers
#### Additional maternity leave.
#### Meaning of suspension on maternity grounds.
#### Complaints to employment tribunals: agency workers
#### Additional maternity leave.
#### Exclusions from right to remuneration.
#### Application to police of section 44 and related provisions.
#### Entitlement to shared parental leave: birth
#### Employee representatives.
#### Entitlement to parental leave.
#### The national minimum wage.
#### Right to time off to look for work or arrange training.
#### Redundancy.
#### Right to remuneration for time off under section 55.
#### Compulsory maternity leave.
#### Right to remuneration for time off under section 57ZN
#### Flexible working
#### Renewal of contract or re-engagement.
#### Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
#### Death of employee.
#### Old statutory compensation schemes.
#### Right to time off for pension scheme trustees.
#### Institution or continuance of tribunal proceedings.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introductory.
#### Tax credits
#### Introductory.
#### Employee shareholder status
#### Application to police.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Entitlement to additional paternity leave: adoption
#### Right to payment for time off under section 58.
#### Institution or continuance of tribunal proceedings.
#### Extension of time limits to facilitate conciliation before institution of proceedings
##### 207B
- (1) This section applies where this Act provides for it to apply for the purposes of a provision of this Act (a “relevant provision”).
...
- (2) In this section—
- (a) Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
- (b) Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
- (3) In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.
- (4) If a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
- (5) Where an employment tribunal has power under this Act to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this section.
#### Introductory.
#### Reinstatement or re-engagement of dismissed employee.
#### Introductory.
#### Normal working hours.
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Jury service
#### Application to police of section 44 and related provisions.
#### Complaints to employment tribunals.
#### Right to time off to look for work or arrange training.
#### Right to payment for time off under section 58.
#### Employees exercising right to time off work for study or training.
#### Trustees of occupational pension schemes.
#### Right to paid time off to attend adoption appointments
#### Protected disclosures.
#### Leave for family and domestic reasons.
### CHAPTER 1B — Shared parental leave
##### 75E
- (1) The Secretary of State may make regulations entitling an employee who satisfies specified conditions—
- (a) as to duration of employment,
- (b) as to being, or expecting to be, the mother of a child,
- (c) as to caring or intending to care, with another person (“P”), for the child,
- (d) as to entitlement to maternity leave,
- (e) as to the exercise of that entitlement and the extent of any such exercise,
- (f) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and
- (g) as to the consent of P to the amount of leave under this subsection that the employee intends to take,
to be absent from work on leave under this subsection for the purpose of caring for the child.
- (2) Regulations under subsection (1) may provide that the employee's entitlement is subject to the satisfaction by P of specified conditions—
- (a) as to employment or self-employment,
- (b) as to having earnings of a specified amount for a specified period,
- (c) as to caring or intending to care, with the employee, for the child, and
- (d) as to relationship with the child or the employee.
- (3) Provision under subsection (1)(f) may require the employee to give notice to the employer about—
- (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of P to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay);
- (b) how much of the entitlement to leave the employee intends to exercise;
- (c) the extent to which P intends to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay.
- (4) The Secretary of State may make regulations entitling an employee who satisfies specified conditions—
- (a) as to duration of employment,
- (b) as to relationship with a child or expected child or with the child's mother,
- (c) as to caring or intending to care, with the child's mother, for the child,
- (d) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and
- (e) as to the consent of the child's mother to the amount of leave under this subsection that the employee intends to take,
to be absent from work on leave under this subsection for the purpose of caring for the child.
- (5) Regulations under subsection (4) may provide that the employee's entitlement is subject to the satisfaction by the child's mother of specified conditions—
- (a) as to employment or self-employment,
- (b) as to having earnings of a specified amount for a specified period,
- (c) as to caring or intending to care, with the employee, for the child,
- (d) as to entitlement (or lack of entitlement) to maternity leave, statutory maternity pay or maternity allowance, and
- (e) as to the exercise of any such entitlement and the extent of any such exercise.
- (6) Provision under subsection (4)(d) may require the employee to give notice to the employer about—
- (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of the child's mother to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay);
- (b) how much of the entitlement to leave the employee intends to exercise;
- (c) the extent to which the child's mother intends to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay.
##### 75F
- (1) Regulations under section 75E are to include provision for determining—
- (a) the amount of leave under section 75E(1) or (4) to which an employee is entitled in respect of a child;
- (b) when leave under section 75E(1) or (4) may be taken.
- (2) Provision under subsection (1)(a) is to secure that the amount of leave to which an employee is entitled in respect of a child does not exceed—
- (a) in a case where the child's mother became entitled to maternity leave, the relevant amount of time reduced by—
- (i) where her maternity leave ends without her ordinary or additional maternity leave period having been curtailed by virtue of section 71(3)(ba) or 73(3)(a), the amount of maternity leave taken by the child's mother, or
- (ii) except where sub-paragraph (i) applies, the amount of time between the beginning of her maternity leave and the time when her ordinary or additional maternity leave period, as curtailed by virtue of section 71(3)(ba) or 73(3)(a), comes to an end;
- (b) in a case where the child's mother became entitled to statutory maternity pay or maternity allowance but not maternity leave, the relevant amount of time reduced by an amount determined in accordance with paragraph (a) or, as the case may be, paragraph (b) of section 171ZU(6) of the Social Security Contributions and Benefits Act 1992.
- (3) In subsection (2) “ *the relevant amount of time* ” means an amount of time specified in or determined in accordance with regulations under section 75E.
- (4) Provision under subsection (1)(a) is to secure that the amount of leave that an employee is entitled to take in respect of a child takes into account—
- (a) in a case where another person is entitled to leave under section 75E in respect of the child, the amount of such leave taken by the other person;
- (b) in a case where another person is entitled to statutory shared parental pay in respect of the child but not leave under section 75E, the number of weeks in respect of which such pay is payable to the other person.
- (5) In reckoning for the purposes of subsection (2) the amount of maternity leave taken, a part of a week is to be treated as a full week.
- (6) In reckoning for the purposes of subsection (4) the amount of leave under section 75E taken during a period of such leave, a part of a week is to be treated as a full week.
- (7) Provision under subsection (1)(b) is to secure that leave under section 75E must be taken before the end of such period as may be specified by the regulations.
- (8) Regulations under section 75E are to provide for the taking of leave under section 75E in a single period or in non-consecutive periods.
- (9) Regulations under section 75E may—
- (a) provide for an employer, subject to such restrictions as may be specified, to require an employee who proposes to take non-consecutive periods of leave under section 75E to take that amount of leave as a single period of leave;
- (b) provide for a single period of leave that is so imposed on an employee to start with a day proposed by the employee or, if no day is proposed, with the first day of the first period of leave proposed by the employee.
- (10) Regulations under section 75E may provide for the variation, subject to such restrictions as may be specified, of—
- (a) the period or periods during which an amount of leave under section 75E may be taken;
- (b) the amount of leave under section 75E that the employee previously specified in accordance with provision under section 75E(3)(b) or (6)(b) or subsection (13)(b) of this section.
- (11) Provision under subsection (10)(a) may provide for variation to be subject to the consent of an employer in circumstances specified by the regulations.
- (12) Provision under subsection (10)(b) may require an employee to satisfy specified conditions—
- (a) as to giving notice of an intention to vary the amount of leave under section 75E to be taken by the employee;
- (b) if the employee proposes to vary the amount of leave under section 75E(1) to be taken by the employee, as to the consent of P to that variation;
- (c) if the employee proposes to vary the amount of leave under section 75E(4) to be taken by the employee, as to the consent of the child's mother to that variation.
- (13) Provision under subsection (12)(a) may require an employee to give notice to the employer about—
- (a) the extent to which the employee has exercised an entitlement to leave under section 75E(1) or (4) in respect of the child;
- (b) how much of the entitlement to leave the employee intends to exercise;
- (c) the extent to which a person other than the employee has exercised an entitlement to leave under section 75E or to statutory shared parental pay in respect of the child;
- (d) the extent to which a person other than the employee intends to exercise such an entitlement.
- (14) Regulations under section 75E may—
- (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child;
- (b) make provision excluding the right to be absent on leave under section 75E in respect of a child where more than one child is born as a result of the same pregnancy;
- (c) specify a minimum amount of leave under section 75E which may be taken;
- (d) make provision about how leave under section 75E may be taken;
- (e) specify circumstances in which an employee may work for the employer during a period of leave under section 75E without bringing the particular period of leave, or the employee's entitlement to leave under section 75E, to an end;
- (f) specify circumstances in which an employee may be absent on leave under section 75E otherwise than for the purpose of caring for a child without bringing the person's entitlement to leave under section 75E to an end.
- (15) In this section “ *week* ” means any period of seven days.
- (16) The Secretary of State may by regulations provide that the following do not have effect, or have effect with modifications specified by the regulations, in a case where the mother of a child dies before another person has become entitled to leave under section 75E in respect of the child—
- (a) section 75E(4)(b), (c) and (e);
- (b) section 75E(5);
- (c) section 75E(6)(c);
- (d) subsection (12)(c);
- (e) subsection (13)(c) and (d).
##### 75G
- (1) The Secretary of State may make regulations entitling an employee who satisfies specified conditions—
- (a) as to duration of employment,
- (b) as to being a person with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom,
- (c) as to caring or intending to care, with another person (“P”), for the child,
- (d) as to entitlement to adoption leave,
- (e) as to the exercise of that entitlement and the extent of any such exercise,
- (f) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and
- (g) as to the consent of P to the amount of leave under this subsection that the employee intends to take,
to be absent from work on leave under this subsection for the purpose of caring for the child.
- (2) Regulations under subsection (1) may provide that the employee's entitlement is subject to the satisfaction by P of specified conditions—
- (a) as to employment or self-employment,
- (b) as to having earnings of a specified amount for a specified period,
- (c) as to caring or intending to care, with the employee, for the child, and
- (d) as to relationship with the child or the employee.
- (3) Provision under subsection (1)(f) may require the employee to give notice to the employer about—
- (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of P to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay);
- (b) how much of the entitlement to leave the employee intends to exercise;
- (c) the extent to which P intends to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay.
- (4) The Secretary of State may make regulations entitling an employee who satisfies specified conditions—
- (a) as to duration of employment,
- (b) as to relationship with a child placed, or expected to be placed, for adoption under the law of any part of the United Kingdom or with a person (“A”) with whom the child is, or is expected to be, so placed,
- (c) as to caring or intending to care, with A, for the child,
- (d) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and
- (e) as to the consent of A to the amount of leave under this subsection that the employee intends to take,
to be absent from work on leave under this subsection for the purpose of caring for the child.
- (5) Regulations under subsection (4) may provide that the employee's entitlement is subject to the satisfaction by A of specified conditions—
- (a) as to employment or self-employment,
- (b) as to having earnings of a specified amount for a specified period,
- (c) as to caring or intending to care, with the employee, for the child,
- (d) as to entitlement (or lack of entitlement) to adoption leave or statutory adoption pay, and
- (e) as to the exercise of any such entitlement and the extent of any such exercise.
- (6) Provision under subsection (4)(d) may require the employee to give notice to the employer about—
- (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of A to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay);
- (b) how much of the entitlement to leave the employee intends to exercise;
- (c) the extent to which A intends to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay.
- (7) Regulations under subsections (1) and (4) are to provide for leave in respect of a child placed, or expected to be placed, under section 22C of the Children Act 1989 by a local authority in England with a local authority foster parent who has been approved as a prospective adopter.
Regulations under subsections (1) and (4) are to provide for leave in respect of a child placed, or expected to be placed—
- (a) under section 22C of the Children Act 1989 by a local authority in England, or
- (b) under section 81 of the Social Services and Well-being (Wales) Act 2014 by a local authority in Wales,
with a local authority foster parent who has been approved as a prospective adopter.
- (8) This section and section 75H have effect in relation to regulations made by virtue of subsection (7) as if references to a child being placed for adoption under the law of any part of the United Kingdom were references to being placed under section 22C of the Children Act 1989, or section 81 of the Social Services and Well-being (Wales) Act 2014 with a local authority foster parent who has been approved as a prospective adopter.
##### 75H
- (1) Regulations under section 75G are to include provision for determining—
- (a) the amount of leave under section 75G(1) or (4) to which an employee is entitled in respect of a child;
- (b) when leave under section 75G(1) or (4) may be taken.
- (2) Provision under subsection (1)(a) is to secure that the amount of leave to which an employee is entitled in respect of a child does not exceed—
- (a) in a case where a person with whom the child is, or is expected to be, placed for adoption became entitled to adoption leave, the relevant amount of time reduced by—
- (i) where the person's adoption leave ends without the person's ordinary or additional adoption leave period having been curtailed by virtue of section 75A(2A)(a) or 75B(3)(a), the amount of adoption leave taken by that person, or
- (ii) except where sub-paragraph (i) applies, the amount of time between the beginning of the person's adoption leave and the time when the person's ordinary or additional adoption leave period, as curtailed by virtue of section 75A(2A)(a) or 75B(3)(a), comes to an end;
- (b) in a case where a person with whom the child is, or is expected to be, placed for adoption became entitled to statutory adoption pay but not adoption leave, the relevant amount of time reduced by an amount determined in accordance with paragraph (a) or, as the case may be, paragraph (b) of section 171ZV(6) of the Social Security Contributions and Benefits Act 1992.
- (3) In subsection (2) “ *the relevant amount of time* ” means an amount of time specified in or determined in accordance with regulations under section 75G.
- (4) Provision under subsection (1)(a) is to secure that the amount of leave that an employee is entitled to take in respect of a child takes into account—
- (a) in a case where another person is entitled to leave under section 75G in respect of the child, the amount of such leave taken by the other person;
- (b) in a case where another person is entitled to statutory shared parental pay in respect of the child but not leave under section 75G, the number of weeks in respect of which such pay is payable to the other person.
- (5) In reckoning for the purposes of subsection (2) the amount of adoption leave taken, a part of a week is to be treated as a full week.
- (6) In reckoning for the purposes of subsection (4) the amount of leave under section 75G taken during a period of such leave, a part of a week is to be treated as a full week.
- (7) Provision under subsection (1)(b) is to secure that leave under section 75G must be taken before the end of such period as may be prescribed by the regulations.
- (8) Regulations under section 75G are to provide for the taking of leave under section 75G in a single period or in non-consecutive periods.
- (9) Regulations under section 75G may—
- (a) provide for an employer, subject to such restrictions as may be specified, to require an employee who proposes to take non-consecutive periods of leave under section 75G to take that amount of leave as a single period of leave, and
- (b) provide for a single period of leave that is so imposed on an employee to start with a day proposed by the employee or, if no day is proposed, with the first day of the first period of leave proposed by the employee.
- (10) Regulations under section 75G may provide for the variation, subject to such restrictions as may be specified, of—
- (a) the period or periods during which an amount of leave under section 75G is to be taken;
- (b) the amount of leave under section 75G that the employee previously specified in accordance with provision under section 75G(3)(b) or (6)(b) or subsection (13)(b) of this section.
- (11) Provision under subsection (10)(a) may provide for variation to be subject to the consent of an employer in circumstances specified by the regulations.
- (12) Provision under subsection (10)(b) may require an employee to satisfy specified conditions—
- (a) as to giving notice of an intention to vary the amount of leave under section 75G to be taken by the employee;
- (b) if the employee proposes to vary the amount of leave under section 75G(1) to be taken by the employee, as to the consent of P to that variation;
- (c) if the employee proposes to vary the amount of leave under section 75G(4) to be taken by the employee, as to the consent of A to that variation.
- (13) Provision under subsection (12)(a) may require an employee to give notice to the employer about—
- (a) the extent to which the employee has exercised an entitlement to leave under section 75G(1) or (4) in respect of the child;
- (b) how much of the entitlement to leave the employee intends to exercise;
- (c) the extent to which a person other than the employee has exercised an entitlement to leave under section 75G or to statutory shared parental pay in respect of the child;
- (d) the extent to which a person other than the employee intends to exercise such an entitlement.
- (14) Regulations under section 75G may—
- (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child;
- (b) make provision excluding the right to be absent on leave under section 75G in respect of a child where more than one child is placed for adoption as part of the same arrangement;
- (c) specify a minimum amount of leave under section 75G which may be taken;
- (d) make provision about how leave under section 75G may be taken;
- (e) specify circumstances in which an employee may work for the employer during a period of leave under section 75G without bringing the particular period of leave, or the employee's entitlement to leave under section 75G, to an end;
- (f) specify circumstances in which an employee may be absent on leave under section 75G otherwise than for the purpose of caring for a child without bringing the person's entitlement to leave under section 75G to an end.
- (15) In this section “ *week* ” means any period of seven days.
- (16) The Secretary of State may by regulations provide that the following do not have effect, or have effect with modifications specified by the regulations, in a case where a person who is taking adoption leave or is entitled to be paid statutory adoption pay in respect of a child dies before another person has become entitled to leave under section 75G in respect of the child—
- (a) section 75G(4)(b), (c) and (e);
- (b) section 75G(5);
- (c) section 75G(6)(c);
- (d) subsection (12)(c);
- (e) subsection (13)(c) and (d).
- (17) The Secretary of State may by regulations provide for section 75G and this section to have effect in relation to cases which involve adoption, but not the placement of a child for adoption under the law of any part of the United Kingdom, with such modifications as the regulations may prescribe.
- (18) The Secretary of State may by regulations provide for section 75G and this section to have effect in relation to cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, with such modifications as the regulations may prescribe.
##### 75I
- (1) Regulations under section 75E or 75G are to provide—
- (a) that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied if the employee had not been absent;
- (b) that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions, except in so far as they are inconsistent with section 75E(1) or (4) or 75G(1) or (4), as the case may be; and
- (c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by the regulations, subject to section 75J(1).
- (2) In subsection (1)(a) “terms and conditions of employment”—
- (a) includes matters connected with an employee's employment whether or not they arise under the employee's contract of employment, but
- (b) does not include terms and conditions about remuneration.
- (3) The reference in subsection (1)(c) to absence on leave under section 75E or 75G includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under one of those sections and partly to any one or more of the following—
- (a) leave under the other of those sections,
- (b) maternity leave,
- (c) paternity leave,
- (d) adoption leave, ...
- (e) parental leave, and
- (f) parental bereavement leave.
- (4) Regulations under section 75E or 75G may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.
- (5) Regulations under section 75E or 75G may make provision, in relation to the right to return mentioned in subsection (1)(c), about—
- (a) seniority, pension rights and similar rights;
- (b) terms and conditions of employment on return.
##### 75J
- (1) Regulations under section 75E or 75G may make provision about—
- (a) redundancy, or
- (b) dismissal (other than by reason of redundancy),
during a period of leave under that section.
- (2) Provision made by virtue of subsection (1) may include—
- (a) provision requiring an employer to offer alternative employment;
- (b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10).
##### 75K
- (1) Regulations under section 75E or 75G may—
- (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by—
- (i) employees,
- (ii) employers, and
- (iii) relevant persons;
- (b) make provision requiring such persons to keep records;
- (c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;
- (d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);
- (e) make special provision for cases where an employee has a right which corresponds to a right under section 75E or 75G and which arises under the employee's contract of employment or otherwise;
- (f) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week's pay) in relation to an employee who is or has been absent from work on leave under section 75E or 75G;
- (g) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 75E or 75G.
- (2) In subsection (1) “ *relevant person* ” means—
- (a) a person who, in connection with an employee's claim to be entitled to leave under section 75E or 75G, is required to satisfy conditions specified in provision under section 75E(2) or (5) or 75G(2) or (5), or
- (b) a person who is an employer or former employer of such a person.
- (3) In subsection (2)(b) “ *employer* ”, in relation to a person falling within subsection (2)(a) who is an employed earner, includes a person who is a secondary contributor as regards that employed earner.
- (4) The conditions as to employment or self-employment that may be specified in provision under section 75E(2) or (5) or 75G(2) or (5) include conditions as to being in employed or self-employed earner's employment.
- (5) In subsections (3) and (4)—
- “employed earner” and “self-employed earner” have the meaning given by section 2 of the Social Security Contributions and Benefits Act 1992, subject for these purposes to the effect of regulations made under section 2(2)(b) of that Act (persons who are to be treated as employed or self-employed earners);
- “employment”, in the case of employment as an employed or self-employed earner, has the meaning given by section 122 of that Act;
- “secondary contributor”, as regards an employed earner, means a person who—is indicated by section 7(1) of that Act, as that subsection has effect subject to section 7(2) of that Act, as being a secondary contributor as regards the earner, oris indicated by regulations under section 7(2) of that Act as being a person to be treated as a secondary contributor as regards the earner.
- (6) Regulations under any of sections 75E to 75H may make different provision for different cases or circumstances.
- (7) Where sections 75G and 75H have effect in relation to such cases as are described in section 75H(18), regulations under section 75G about evidence to be produced may require statutory declarations as to—
- (a) eligibility to apply for a parental order;
- (b) intention to apply for such an order.
#### Agency workers: supplementary
#### Application to police of section 44 and related provisions.
#### Supplemental.
#### Right to paid time off to attend adoption appointments
#### Placement of looked after children with prospective adopters
#### Complaint to employment tribunal
#### Redundancy and dismissal.
#### Redundancy and dismissal
#### Assertion of statutory right.
#### Right to time off for pension scheme trustees.
#### Pressure on employer to dismiss unfairly.
#### Complaints to employment tribunal.
#### Right to remuneration for time off under section 63A.
#### Order for reinstatement.
#### Basic award: reductions.
#### Compulsory maternity leave.
#### Renewal of contract or re-engagement.
#### Amount of payments.
#### Death of employee.
#### Old statutory compensation schemes.
#### Insolvency.
#### Remedy for infringement of certain rights.
#### Complaints to employment tribunal.
#### The right.
#### Additional maternity leave.
#### Exclusions from right to remuneration.
#### General.
#### Ordinary adoption leave
#### Other definitions.
#### Financial provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
### Accompanying to ante-natal appointments
##### 57ZE
- (1) An employee who has a qualifying relationship with a pregnant woman or her expected child is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may accompany the woman when she attends by appointment at any place for the purpose of receiving ante-natal care.
- (2) In relation to any particular pregnancy, an employee is not entitled to take time off for the purpose specified in subsection (1) on more than two occasions.
- (3) On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.
- (4) An employee is not entitled to take time off for the purpose specified in subsection (1) unless the appointment is made on the advice of a registered medical practitioner, registered midwife or registered nurse.
- (5) Where the employer requests the employee to give the employer a declaration signed by the employee, the employee is not entitled to take time off for the purpose specified in subsection (1) unless the employee gives that declaration (which may be given in electronic form).
- (6) The employee must state in the declaration—
- (a) that the employee has a qualifying relationship with a pregnant woman or her expected child,
- (b) that the employee's purpose in taking time off is the purpose specified in subsection (1),
- (c) that the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered nurse, and
- (d) the date and time of the appointment.
- (7) A person has a qualifying relationship with a pregnant woman or her expected child if—
- (a) the person is the husband or civil partner of the pregnant woman,
- (b) the person, being of a different sex or the same sex, lives with the woman in an enduring family relationship but is not a relative of the woman,
- (c) the person is the father of the expected child,
- (d) the person is a parent of the expected child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, ...
- (e) the person is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the expected child, or
- (f) the person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of the expected child.
- (8) For the purposes of subsection (7) a relative of a person is the person's parent, grandparent, sister, brother, aunt or uncle.
- (9) The references to relationships in subsection (8)—
- (a) are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and
- (b) include the relationship of a child with the child's adoptive, or former adoptive, parents,
but do not include any other adoptive relationships.
- (10) For the purposes of subsection (7)(e) a person (“A”) is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
- (a) A intends to apply, jointly with another person (“B”), for such an order in respect of the expected child within the time allowed by section 54(3),
- (b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54(1)(a),
- (c) the requirement in section 54(1)(b) is satisfied by reference to A or B,
- (d) A and B would satisfy section 54(2) if they made an application under section 54 at the time that A seeks to exercise the right under this section, and
- (e) A expects that A and B will satisfy the conditions in section 54(2), (4), (5) and (8) as regards the intended application.
- (10A) For the purposes of subsection (7)(f) a person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
- (a) the person intends to apply for such an order in respect of the expected child within the time allowed by section 54A(2),
- (b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54A(1)(a),
- (c) the requirement in section 54A(1)(b) is satisfied by reference to the person, and
- (d) the person expects that he or she will satisfy the conditions in section 54A(3), (4) and (7) as regards the intended application.
- (11) The references in this section to a registered nurse are references to a registered nurse—
- (a) who is also registered in the Specialist Community Public Health Nurses Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001 ( S.I. 2002/253), and
- (b) whose entry in that Part of the register is annotated to show that the nurse holds a qualification in health visiting.
- (12) For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.
##### 57ZF
- (1) An employee may present a complaint to an employment tribunal that his or her employer has unreasonably refused to let him or her take time off as required by section 57ZE.
- (2) An employment tribunal may not consider a complaint under this section unless it is presented—
- (a) before the end of the period of three months beginning with the day of the appointment in question, or
- (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
- (3) Section 207B applies for the purposes of subsection (2)(a).
- (4) Where an employment tribunal finds a complaint under subsection (1) well-founded, it—
- (a) must make a declaration to that effect, and
- (b) must order the employer to pay to the employee an amount determined in accordance with subsection (5).
- (5) The amount payable to the employee is—
$$A × B × 2$where—A is the appropriate hourly rate for the employee, andB is the number of working hours for which the employee would have been entitled under section 57ZE to be absent if the time off had not been refused.$
- (6) The appropriate hourly rate, in relation to an employee, is the amount of one week's pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off would have been taken.
- (7) But where the number of normal working hours differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by—
- (a) the average number of normal working hours calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off would have been taken, or
- (b) where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (8) as are appropriate in the circumstances.
- (8) The considerations referred to in subsection (7)(b) are—
- (a) the average number of normal working hours in a week which the employee could expect in accordance with the terms of the employee's contract, and
- (b) the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.
### Accompanying to ante-natal appointments: agency workers
##### 57ZG
- (1) An agency worker who has a qualifying relationship with a pregnant woman or her expected child is entitled to be permitted, by the temporary work agency and the hirer, to take time off during the agency worker's working hours in order that he or she may accompany the woman when she attends by appointment at any place for the purpose of receiving ante-natal care.
- (2) In relation to any particular pregnancy, an agency worker is not entitled to take time off for the purpose specified in subsection (1) on more than two occasions.
- (3) On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours.
- (4) An agency worker is not entitled to take time off for the purpose specified in subsection (1) unless the appointment is made on the advice of a registered medical practitioner, registered midwife or registered nurse.
- (5) Where the temporary work agency or the hirer requests the agency worker to give that person a declaration signed by the agency worker, the agency worker is not entitled to take time off for the purpose specified in subsection (1) unless the agency worker gives that declaration (which may be given in electronic form).
- (6) The agency worker must state in the declaration—
- (a) that the agency worker has a qualifying relationship with a pregnant woman or her expected child,
- (b) that the agency worker's purpose in taking time off is the purpose specified in subsection (1),
- (c) that the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered nurse, and
- (d) the date and time of the appointment.
- (7) A person has a qualifying relationship with a pregnant woman or her expected child if—
- (a) the person is the husband or civil partner of the pregnant woman,
- (b) the person, being of a different sex or the same sex, lives with the woman in an enduring family relationship but is not a relative of the woman,
- (c) the person is the father of the expected child,
- (d) the person is a parent of the expected child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, ...
- (e) the person is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the expected child, or
- (f) the person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of the expected child.
- (8) For the purposes of subsection (7) a relative of a person is the person's parent, grandparent, sister, brother, aunt or uncle.
- (9) The references to relationships in subsection (8)—
- (a) are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and
- (b) include the relationship of a child with the child's adoptive, or former adoptive, parents,
but do not include any other adoptive relationships.
- (10) For the purposes of subsection (7)(e) a person (“A”) is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
- (a) A intends to apply, jointly with another person (“B”), for such an order in respect of the expected child within the time allowed by section 54(3),
- (b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54(1)(a),
- (c) the requirement in section 54(1)(b) is satisfied by reference to A or B,
- (d) A and B would satisfy section 54(2) if they made an application under section 54 at the time that A seeks to exercise the right under this section, and
- (e) A expects that A and B will satisfy the conditions in section 54(2), (4), (5) and (8) as regards the intended application.
- (10A) For the purposes of subsection (7)(f) a person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
- (a) the person intends to apply for such an order in respect of the expected child within the time allowed by section 54A(2),
- (b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54A(1)(a),
- (c) the requirement in section 54A(1)(b) is satisfied by reference to the person, and
- (d) the person expects that he or she will satisfy the conditions in section 54A(3), (4) and (7) as regards the intended application.
- (11) The references in this section to a registered nurse are references to a registered nurse—
- (a) who is also registered in the Specialist Community Public Health Nurses Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001 ( S.I. 2002/253), and
- (b) whose entry in that Part of the register is annotated to show that the nurse holds a qualification in health visiting.
- (12) For the purposes of this section the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.
##### 57ZH
- (1) An agency worker may present a complaint to an employment tribunal that the temporary work agency has unreasonably refused to let him or her take time off as required by section 57ZG.
- (2) An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to let him or her take time off as required by section 57ZG.
- (3) An employment tribunal may not consider a complaint under subsection (1) or (2) unless it is presented—
- (a) before the end of the period of three months beginning with the day of the appointment in question, or
- (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
- (4) Section 207B applies for the purposes of subsection (3)(a).
- (5) Where an employment tribunal finds a complaint under subsection (1) or (2) well-founded, it—
- (a) must make a declaration to that effect, and
- (b) must order the payment to the agency worker of an amount determined in accordance with subsection (7).
- (6) Where the tribunal orders that payment under subsection (5) be made by the temporary work agency and the hirer, the proportion of that amount payable by each respondent is to be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates.
- (7) The amount payable to the agency worker is—
$$A × B × 2$where—A is the appropriate hourly rate for the agency worker, andB is the number of working hours for which the agency worker would have been entitled under section 57ZG to be absent if the time off had not been refused.$
- (8) The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off would have been taken.
- (9) But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off would have been taken.
#### Agency workers: supplementary
##### 57ZI
- (1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law, sections 57ZG and 57ZH do not apply where the agency worker—
- (a) has not completed the qualifying period, or
- (b) pursuant to regulation 8(a) or (b) of the Agency Workers Regulations 2010 ( S.I. 2010/93), is no longer entitled to the rights conferred by regulation 5 of those Regulations.
- (2) Nothing in sections 57ZG and 57ZH imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration, of the assignment, whichever is the longer.
- (3) Sections 57ZG and 57ZH do not apply where sections 57ZE and 57ZF apply.
- (4) In this section and sections 57ZG and 57ZH the following have the same meaning as in the Agency Workers Regulations 2010—
- “agency worker”;
- “assignment”;
- “hirer”;
- “qualifying period”;
- “temporary work agency”.
#### Protected disclosures.
#### Complaint to employment tribunal.
#### Right to payment for time off under section 58.
#### Right to time off to accompany to ante-natal appointment: agency workers
#### Complaints to employment tribunals.
#### Entitlement to additional paternity leave: adoption
#### Complaint to employment tribunal
#### Agency workers: supplementary
#### Statutory right to request contract variation
#### Employer’s duties in relation to application under section 80F
#### Employer’s duties in relation to application under section 80F
#### The right.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Leave for family reasons.
#### Right to remuneration for time off under section 61.
#### Trustees of occupational pension schemes.
#### Protected disclosure.
#### Complaints to employment tribunals.
#### Replacements.
#### Upper age limit.
#### Complaints to employment tribunal.
#### Confidentiality of negotiations before termination of employment
#### Complaints to employment tribunals.
#### Basic award of two weeks’ pay in certain cases.
#### Application to police.
#### Statutory right to make request in relation to study or training
#### Death of employer: lay-off and short-time.
#### Complaints to employment tribunals: agency workers
#### Employee’s rights on insolvency of employer.
#### National security.
#### Law governing employment.
#### Institution or continuance of tribunal proceedings.
#### Entitlement to leave under section 75E: further provision
#### Extension of time limits to facilitate conciliation before institution of proceedings
#### Reinstatement or re-engagement of dismissed employee.
#### Introductory.
#### Rights during and after parental leave.
#### Rights during and after shared parental leave
#### Entitlement to additional paternity leave: birth
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Other interpretative provisions.
#### Remedies.
#### Right to time off to accompany to ante-natal appointment: agency workers
#### Agency workers: supplementary
#### Time off for dependants.
#### Employee shareholder status
#### Complaints to employment tribunals.
#### Entitlement to leave under section 75G: further provision
#### Regulations prohibiting discrimination because of protected disclosure
#### Entitlement to additional paternity leave: birth
#### Rights during and after paternity leave
#### Statutory right to request contract variation
#### Supplemental.
#### The right.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Leave for family reasons.
#### The national minimum wage.
#### Right to remuneration for time off under section 61.
#### Employee shareholder status
#### Replacements.
#### Upper age limit.
#### Confidentiality of negotiations before termination of employment
#### Statutory right to make request in relation to study or training
#### Basic award of two weeks’ pay in certain cases.
#### Application to police.
#### Summary dismissal.
#### Making of payments.
#### References to employment tribunals.
#### Ordinary adoption leave
#### National security.
#### Law governing employment.
#### Institution or continuance of tribunal proceedings.
#### Entitlement to shared parental leave: adoption
#### Reinstatement or re-engagement of dismissed employee.
#### Entitlement to additional paternity leave: adoption
#### Associated employers.
#### Normal working hours.
#### Rights during and after paternity leave
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Effective date of termination.
#### Application of this Part and related provisions to police
#### Tax credits
#### Remedies.
#### Application to police of section 44 and related provisions.
#### Other interpretative provisions.
#### Right to time off to look for work or arrange training.
#### Right to time off for ante-natal care (agency workers)
#### Regulations prohibiting discrimination because of protected disclosure
#### Trustees of occupational pension schemes.
### Adoption appointments
##### 57ZJ
- (1) An employee who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee alone is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
- (2) An employee who—
- (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee and another person jointly, and
- (b) has elected to exercise the right to take time off under this section in connection with the adoption,
is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
- (3) An employee may not make an election for the purposes of subsection (2)(b) if—
- (a) the employee has made an election for the purposes of section 57ZL(1)(b) in connection with the adoption, or
- (b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (2)(b) or section 57ZN(2)(b) in connection with the adoption.
- (4) An employee is not entitled to take time off under this section on or after the date of the child's placement for adoption with the employee.
- (5) In relation to any particular adoption, an employee is not entitled to take time off under this section on more than five occasions.
- (6) On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.
- (7) An employee is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1) or (2)(a).
- (8) An employee is not entitled to take time off under subsection (1) unless, if the employer requests it, the employee gives the employer a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).
- (9) An employee is not entitled to take time off under subsection (2) unless, if the employer requests it, the employee gives the employer—
- (a) a declaration signed by the employee stating that the employee has made an election for the purposes of subsection (2)(b) in connection with the adoption, and
- (b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).
- (10) A document or declaration requested under subsection (8) or (9) may be given in electronic form.
- (11) In cases where more than one child is to be, or is expected to be, placed for adoption with an employee as part of the same arrangement, this section has effect as if—
- (a) the purposes specified in subsections (1) and (2) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;
- (b) the references in subsections (2)(b) and (9)(a) to the adoption were references to all of the adoptions that are part of the arrangement;
- (c) the references in subsection (3) to the adoption were references to any of the adoptions that are part of the arrangement;
- (d) the reference in subsection (4) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;
- (e) the reference in subsection (5) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.
- (12) For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.
- (13) In this section “ *adoption agency* ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.
##### 57ZK
- (1) An employee who is permitted to take time off under section 57ZJ is entitled to be paid remuneration by his or her employer for the number of working hours for which the employee is entitled to be absent at the appropriate hourly rate.
- (2) The appropriate hourly rate, in relation to an employee, is the amount of one week's pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off is taken.
- (3) But where the number of normal working hours differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by—
- (a) the average number of normal working hours calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken, or
- (b) where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (4) as are appropriate in the circumstances.
- (4) The considerations referred to in subsection (3)(b) are—
- (a) the average number of normal working hours in a week which the employee could expect in accordance with the terms of the employee's contract, and
- (b) the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.
- (5) A right to any amount under subsection (1) does not affect any right of an employee in relation to remuneration under the employee's contract of employment (“contractual remuneration”).
- (6) Any contractual remuneration paid to an employee in respect of a period of time off under section 57ZJ goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period.
- (7) Any payment of remuneration under subsection (1) in respect of a period of time off under section 57ZJ goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.
##### 57ZL
- (1) An employee who—
- (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee and another person jointly, and
- (b) has elected to exercise the right to take time off under this section in connection with the adoption,
is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
- (2) An employee may not make an election for the purposes of subsection (1)(b) if—
- (a) the employee has made an election for the purposes of section 57ZJ(2)(b) in connection with the adoption, or
- (b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (1)(b) or section 57ZP(1)(b) in connection with the adoption.
- (3) An employee is not entitled to take time off under this section on or after the date of the child's placement for adoption with the employee.
- (4) In relation to any particular adoption, an employee is not entitled to take time off under this section on more than two occasions.
- (5) On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.
- (6) An employee is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1)(a).
- (7) An employee is not entitled to take time off under this section unless, if the employer requests it, the employee gives the employer—
- (a) a declaration signed by the employee stating that the employee has made an election for the purposes of subsection (1)(b) in connection with the adoption, and
- (b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (6).
- (8) A declaration or document requested under subsection (7) may be given in electronic form.
- (9) In cases where more than one child is to be, or is expected to be, placed for adoption with an employee and another person jointly as part of the same arrangement, this section has effect as if—
- (a) the purposes specified in subsection (1) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;
- (b) the references in subsections (1)(b) and (7)(a) to the adoption were references to all of the adoptions that are part of the arrangement;
- (c) the references in subsection (2) to the adoption were references to any of the adoptions that are part of the arrangement;
- (d) the reference in subsection (3) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;
- (e) the reference in subsection (4) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.
- (10) For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.
- (11) In this section “ *adoption agency* ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.
##### 57ZM
- (1) An employee may present a complaint to an employment tribunal that his or her employer—
- (a) has unreasonably refused to let him or her take time off as required by section 57ZJ or 57ZL, or
- (b) has failed to pay the whole or any part of any amount to which the employee is entitled under section 57ZK.
- (2) An employment tribunal may not consider a complaint under this section unless it is presented—
- (a) before the end of the period of three months beginning with the day of the appointment in question, or
- (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
- (3) Section 207B applies for the purposes of subsection (2)(a).
- (4) Where an employment tribunal finds a complaint under subsection (1) well-founded, it must make a declaration to that effect.
- (5) If the complaint is that the employer has unreasonably refused to let the employee take time off as required by section 57ZJ, the tribunal must also order the employer to pay to the employee an amount that is twice the amount of the remuneration to which the employee would have been entitled under section 57ZK if the employer had not refused.
- (6) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which the employee is entitled under section 57ZK, the tribunal must also order the employer to pay to the employee the amount which it finds due to the employee.
- (7) If the complaint is that the employer has unreasonably refused to let the employee take time off as required by section 57ZL, the tribunal must also order the employer to pay to the employee an amount determined in accordance with subsection (8).
- (8) The amount payable to the employee is—
$$A × B× 2$where—A is the appropriate hourly rate for the employee determined in accordance with section 57ZK(2) to (4), andB is the number of working hours for which the employee would have been entitled under section 57ZL to be absent if the time off had not been refused.$
### Adoption appointments: agency workers
##### 57ZN
- (1) An agency worker who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker alone is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
- (2) An agency worker who—
- (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker and another person jointly, and
- (b) has elected to exercise the right to take time off under this section in connection with the adoption,
is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
- (3) An agency worker may not make an election for the purposes of subsection (2)(b) if—
- (a) the agency worker has made an election for the purposes of section 57ZP(1)(b) in connection with the adoption, or
- (b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (2)(b) or section 57ZJ(2)(b) in connection with the adoption.
- (4) An agency worker is not entitled to take time off under this section on or after the date of the child's placement for adoption with the agency worker.
- (5) In relation to any particular adoption, an agency worker is not entitled to take time off under this section on more than five occasions.
- (6) On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours.
- (7) An agency worker is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1) or (2)(a).
- (8) An agency worker is not entitled to take time off under subsection (1) unless, if the temporary work agency or the hirer requests it, the agency worker gives that person a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).
- (9) An agency worker is not entitled to take time off under subsection (2) unless, if the temporary work agency or the hirer requests it, the agency worker gives that person—
- (a) a declaration signed by the agency worker stating that the agency worker has made an election for the purposes of subsection (2)(b) in connection with the adoption, and
- (b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).
- (10) A document or declaration requested under subsection (8) or (9) may be given in electronic form.
- (11) In cases where more than one child is to be, or is expected to be, placed for adoption with an agency worker as part of the same arrangement, this section has effect as if—
- (a) the purposes specified in subsections (1) and (2) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;
- (b) the references in subsections (2)(b) and (9)(a) to the adoption were references to all of the adoptions that are part of the arrangement;
- (c) the references in subsection (3) to the adoption were references to any of the adoptions that are part of the arrangement;
- (d) the reference in subsection (4) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;
- (e) the reference in subsection (5) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.
- (12) For the purposes of this section the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.
- (13) In this section “ *adoption agency* ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.
##### 57ZO
- (1) An agency worker who is permitted to take time off under section 57ZN is entitled to be paid remuneration by the temporary work agency for the number of working hours for which the agency worker is entitled to be absent at the appropriate hourly rate.
- (2) The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off is taken.
- (3) But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken.
- (4) A right to any amount under subsection (1) does not affect any right of an agency worker in relation to remuneration under the agency worker's contract with the temporary work agency (“contractual remuneration”).
- (5) Any contractual remuneration paid to an agency worker in respect of a period of time off under section 57ZN goes towards discharging any liability of the temporary work agency to pay remuneration under subsection (1) in respect of that period.
- (6) Any payment of remuneration under subsection (1) in respect of a period of time off under section 57ZN goes towards discharging any liability of the temporary work agency to pay contractual remuneration in respect of that period.
##### 57ZP
- (1) An agency worker who—
- (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker and another person jointly, and
- (b) has elected to exercise the right to take time off under this section in connection with the adoption,
is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
- (2) An agency worker may not make an election for the purposes of subsection (1)(b) if—
- (a) the agency worker has made an election for the purposes of section 57ZN(2)(b) in connection with the adoption, or
- (b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (1)(b) or section 57ZL(1)(b) in connection with the adoption.
- (3) An agency worker is not entitled to take time off under this section on or after the date of the child's placement for adoption with the agency worker.
- (4) In relation to any particular adoption, an agency worker is not entitled to take time off under this section on more than two occasions.
- (5) On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours.
- (6) An agency worker is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1)(a).
- (7) An agency worker is not entitled to take time off under this section unless, if the temporary work agency or the hirer requests it, the agency worker gives that person—
- (a) a declaration signed by the agency worker stating that the agency worker has made an election for the purposes of subsection (1)(b) in connection with the adoption, and
- (b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (6).
- (8) A declaration or document requested under subsection (7) may be given in electronic form.
- (9) In cases where more than one child is to be, or is expected to be, placed for adoption with an agency worker and another person jointly as part of the same arrangement, this section has effect as if—
- (a) the purposes specified in subsection (1) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;
- (b) the references in subsections (1)(b) and (7)(a) to the adoption were references to all of the adoptions that are part of the arrangement;
- (c) the references in subsection (2) to the adoption were references to any of the adoptions that are part of the arrangement;
- (d) the reference in subsection (3) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;
- (e) the reference in subsection (4) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.
- (10) For the purposes of this section the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.
- (11) In this section “ *adoption agency* ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined by section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.
##### 57ZQ
- (1) An agency worker may present a complaint to an employment tribunal that the temporary work agency—
- (a) has unreasonably refused to let him or her take time off as required by section 57ZN or 57ZP, or
- (b) has failed to pay the whole or any part of any amount to which the agency worker is entitled under section 57ZO.
- (2) An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to let him or her take time off as required by section 57ZN or 57ZP.
- (3) An employment tribunal may not consider a complaint under subsection (1) or (2) unless it is presented—
- (a) before the end of the period of three months beginning with the day of the appointment in question, or
- (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
- (4) Section 207B applies for the purposes of subsection (3)(a).
- (5) Where an employment tribunal finds a complaint under subsection (1) or (2) well-founded, it must make a declaration to that effect.
- (6) If the complaint is that the temporary work agency or hirer has unreasonably refused to let the agency worker take time off as required by section 57ZN, the tribunal must also order payment to the agency worker of an amount that is twice the amount of the remuneration to which the agency worker would have been entitled under section 57ZO if the agency worker had not been refused the time off.
- (7) If the complaint is that the temporary work agency has failed to pay the agency worker the whole or part of any amount to which the agency worker is entitled under section 57ZO, the tribunal must also order the temporary work agency to pay to the agency worker the amount which it finds due to the agency worker.
- (8) If the complaint is that the temporary work agency or hirer has unreasonably refused to let the agency worker take time off as required by section 57ZP, the tribunal must also order payment to the agency worker of an amount determined in accordance with subsection (9).
- (9) The amount payable to the agency worker under subsection (8) is—
$$A× B× 2$where—A is the appropriate hourly rate for the agency worker determined in accordance with section 57ZO(2) and (3), andB is the number of working hours for which the agency worker would have been entitled under section 57ZP to be absent if the time off had not been refused.$
- (10) Where the tribunal orders that payment under subsection (6) or (8) be made by the temporary work agency and the hirer, the proportion of that amount payable by each respondent is to be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates.
##### 57ZR
- (1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law, sections 57ZN to 57ZQ do not apply where the agency worker—
- (a) has not completed the qualifying period, or
- (b) pursuant to regulation 8(a) or (b) of the Agency Workers Regulations 2010 ( S.I. 2010/93), is no longer entitled to the rights conferred by regulation 5 of those Regulations.
- (2) Nothing in sections 57ZN to 57ZQ imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration, of the assignment, whichever is the longer.
- (3) Sections 57ZN to 57ZQ do not apply where sections 57ZJ to 57ZM apply.
- (4) In this section and sections 57ZN to 57ZQ the following have the same meaning as in the Agency Workers Regulations 2010—
- “agency worker”;
- “assignment”;
- “hirer”;
- “qualifying period”;
- “temporary work agency”.
##### 57ZS
- (1) Subsection (2) applies where a local authority in England notifies a person—
- (a) who is a local authority foster parent, and
- (b) who has been approved as a prospective adopter,
that a child is to be, or is expected to be, placed with that person under section 22C of the Children Act 1989.
- (2) Where this subsection applies, sections 57ZJ, 57ZL, 57ZN and 57ZP have effect as if—
- (a) references to adoption or placement for adoption were references to placement of a child under section 22C of the Children Act 1989 with a local authority foster parent who has been approved as a prospective adopter;
- (b) references to placing for adoption were references to placing a child under section 22C of that Act with a local authority foster parent who has been approved as a prospective adopter;
- (c) references to an adoption agency were references to a local authority in England.
- (2A) Subsection (2B) applies where a local authority in Wales notifies a person—
- (a) who is a local authority foster parent, and
- (b) who has been approved as prospective adopter,
that a child is to be, or is expected to be, placed with that person under section 81 of the Social Services and Well-being (Wales) Act 2014.
- (2B) Where this subsection applies, sections 57ZJ, 57ZL, 57ZN and 57ZP have effect as if—
- (a) references to adoption or placement for adoption were references to placement of a child under section 81 of the Social Services and Well-being (Wales) Act 2014 with a local authority foster parent who has been approved as a prospective adopter;
- (b) references to placing for adoption were references to placing a child under section 81 of that Act with a local authority foster parent who has been approved as a prospective adopter;
- (c) references to an adoption agency were references to a local authority in Wales.
- (3) Where a child is placed under section 22C of the Children Act 1989or section 81 of the Social Services and Well-being (Wales) Act 2014 with a local authority foster parent who has been approved as a prospective adopter, notification of that person by an adoption agency during that placement that the child is to be, or is expected to be, placed with that person for adoption is not to give rise to a right to time off under section 57ZJ, 57ZL, 57ZN or 57ZP for that person or another person.
#### Flexible working
#### Right to remuneration for time off under section 61.
#### Right to time off for employee representatives.
#### Remedies
#### Right to paid time off to attend adoption appointments: agency workers
#### Ordinary adoption leave
#### Entitlement to shared parental leave: birth
#### Entitlement to leave under section 75G: further provision
#### Rights during and after shared parental leave
#### Complaints to employment tribunals.
#### Entitlement to additional paternity leave: adoption
#### Special cases
#### Entitlement to shared parental leave: birth
#### Statutory right to request contract variation
#### Employer’s duties in relation to application under section 80F
#### Remedies
#### Additional adoption leave
#### The right.
#### Entitlement to shared parental leave: adoption
#### Health and safety cases.
#### Complaint to employment tribunal.
#### Supplemental.
#### The national minimum wage.
#### Complaint to employment tribunal.
#### Complaint to employment tribunal.
#### Entitlement to ... paternity leave: adoption
#### Upper age limit.
#### Complaints to employment tribunal.
#### Confidentiality of negotiations before termination of employment
#### Special cases
#### Basic award of two weeks’ pay in certain cases.
#### Application to police.
#### The right.
#### Summary dismissal.
#### Making of payments.
#### Death of employer: lay-off and short-time.
#### References to employment tribunals.
#### Employee’s rights on insolvency of employer.
#### National security.
#### Law governing employment.
#### Institution or continuance of tribunal proceedings.
#### Extension of time limits to facilitate conciliation before institution of proceedings
#### Remedies
#### The right.
#### Introductory.
#### Associated employers.
#### Procedural fairness
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application to police.
## PART 2A — Zero hours workers
##### 27A
- (1) In this section “*zero hours contract*” means a contract of employment or other worker's contract under which—
- (a) the undertaking to do or perform work or services is an undertaking to do so conditionally on the employer making work or services available to the worker, and
- (b) there is no certainty that any such work or services will be made available to the worker.
- (2) For this purpose, an employer makes work or services available to a worker if the employer requests or requires the worker to do the work or perform the services.
- (3) Any provision of a zero hours contract which—
- (a) prohibits the worker from doing work or performing services under another contract or under any other arrangement, or
- (b) prohibits the worker from doing so without the employer's consent,
is unenforceable against the worker.
- (4) Subsection (3) is to be disregarded for the purposes of determining any question whether a contract is a contract of employment or other worker's contract.
##### 27B
- (1) The Secretary of State may by regulations make provision for the purpose of securing that zero hours workers, or any description of zero hours workers, are not restricted by any provision or purported provision of their contracts or arrangements with their employers from doing any work otherwise than under those contracts or arrangements.
- (2) In this section, “*zero hours workers*” means—
- (a) employees or other workers who work under zero hours contracts;
- (b) individuals who work under non-contractual zero hours arrangements;
- (c) individuals who work under worker's contracts of a kind specified by the regulations.
- (3) The worker's contracts which may be specified by virtue of subsection (2)(c) are those in relation to which the Secretary of State considers it appropriate for provision made by the regulations to apply, having regard, in particular, to provision made by the worker's contracts as to income, rate of pay or working hours.
- (4) In this section “*non-contractual zero hours arrangement*” means an arrangement other than a worker's contract under which—
- (a) an employer and an individual agree terms on which the individual will do any work where the employer makes it available to the individual and the individual agrees to do it, but
- (b) the employer is not required to make any work available to the individual, nor the individual required to accept it,
and in this section “*employer*”, in relation to a non-contractual zero hours arrangement, is to be read accordingly.
- (5) Provision that may be made by regulations under subsection (1) includes provision for—
- (a) modifying—
- (i) zero hours contracts;
- (ii) non-contractual zero hours arrangements;
- (iii) other worker's contracts;
- (b) imposing financial penalties on employers;
- (c) requiring employers to pay compensation to zero hours workers;
- (d) conferring jurisdiction on employment tribunals;
- (e) conferring rights on zero hours workers.
- (6) Provision that may be made by virtue of subsection (5)(a) may, in particular, include provision for exclusivity terms in prescribed categories of worker's contracts to be unenforceable, in cases in which section 27A does not apply.
For this purpose an exclusivity term is any term by virtue of which a worker is restricted from doing any work otherwise than under the worker's contract.
- (7) Regulations under this section may—
- (a) make different provision for different purposes;
- (b) make provision subject to exceptions.
- (8) For the purposes of this section—
- (a) “*zero hours contract*” has the same meaning as in section 27A;
- (b) an employer makes work available to an individual if the employer requests or requires the individual to do it;
- (c) references to work and doing work include references to services and performing them.
- (9) Nothing in this section is to be taken to affect any worker's contract except so far as any regulations made under this section expressly apply in relation to it.
#### Jury service
## PART 5A — Protection for applicants for employment etc in the health service
##### 49B
- (1) The Secretary of State may make regulations prohibiting an NHS employer from discriminating against an applicant because it appears to the NHS employer that the applicant has made a protected disclosure.
- (2) An “*applicant*”, in relation to an NHS employer, means an individual who applies to the NHS employer for—
- (a) a contract of employment,
- (b) a contract to do work personally, or
- (c) appointment to an office or post.
- (3) For the purposes of subsection (1), an NHS employer discriminates against an applicant if the NHS employer refuses the applicant's application or in some other way treats the applicant less favourably than it treats or would treat other applicants in relation to the same contract, office or post.
- (4) Regulations under this section may, in particular—
- (a) make provision as to circumstances in which discrimination by a worker or agent of an NHS employer is to be treated, for the purposes of the regulations, as discrimination by the NHS employer;
- (b) confer jurisdiction (including exclusive jurisdiction) on employment tribunals or the Employment Appeal Tribunal;
- (c) make provision for or about the grant or enforcement of specified remedies by a court or tribunal;
- (d) make provision for the making of awards of compensation calculated in accordance with the regulations;
- (e) make different provision for different cases or circumstances;
- (f) make incidental or consequential provision, including incidental or consequential provision amending—
- (i) an Act of Parliament (including this Act),
- (ii) an Act of the Scottish Parliament,
- (iii) a Measure or Act of the National Assembly for Wales, or
- (iv) an instrument made under an Act or Measure within any of sub-paragraphs (i) to (iii).
- (5) Subsection (4)(f) does not affect the application of section 236(5) to the power conferred by this section.
- (6) “*NHS employer*” means an NHS public body prescribed by regulations under this section.
- (7) “*NHS public body*” means—
- (a) the National Health Service Commissioning Board;
- (b) a clinical commissioning group;
- (c) a Special Health Authority;
- (d) an NHS trust;
- (e) an NHS foundation trust;
- (f) the Care Quality Commission;
- (g) Health Education England;
- (h) the Health Research Authority;
- (i) the Health and Social Care Information Centre;
- (j) the National Institute for Health and Care Excellence;
- (k) Monitor;
- (l) a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
- (m) the Common Services Agency for the Scottish Health Service;
- (n) Healthcare Improvement Scotland;
- (o) a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978;
- (p) a Special Health Board constituted under that section.
- (8) The Secretary of State must consult the Welsh Ministers before making regulations prescribing any of the following NHS public bodies for the purposes of the definition of “NHS employer”—
- (a) a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006;
- (b) an NHS trust established under section 18 of that Act;
- (c) a Local Health Board established under section 11 of that Act.
- (9) The Secretary of State must consult the Scottish Ministers before making regulations prescribing an NHS public body within any of paragraphs (m) to (p) of subsection (7) for the purposes of the definition of “NHS employer”.
- (10) For the purposes of subsection (4)(a)—
- (a) “worker” has the extended meaning given by section 43K, and
- (b) a person is a worker of an NHS employer if the NHS employer is an employer in relation to the person within the extended meaning given by that section.
#### Right to time off to look for work or arrange training.
#### Right to remuneration for time off under section 57ZJ
#### Right to paid time off to attend adoption appointments: agency workers
#### Right to time off for public duties.
#### Complaints to employment tribunals.
#### Right to time off for ante-natal care.
#### Placement of looked after children with prospective adopters
#### Complaint to employment tribunal
#### Complaint to employment tribunal.
#### Agency workers: supplementary
#### Right to payment for time off under section 58.
#### Right to paid time off to attend adoption appointments: agency workers
#### Time off for dependants.
#### Complaints to employment tribunals.
#### Statutory right to make request in relation to study or training
#### Section 63D application: supplementary
#### Employee's duties in relation to agreed study or training
#### Remedies
#### Exclusions from right to remuneration.
#### Complaints to employment tribunals: agency workers
#### Additional maternity leave.
#### Redundancy and dismissal.
#### Sections 71 to 73: supplemental.
#### Ordinary adoption leave
#### Additional adoption leave
#### Right to remuneration for time off under section 63A.
#### Entitlement to shared parental leave: adoption
#### Entitlement to leave under section 75G: further provision
#### Additional maternity leave.
#### Redundancy and dismissal.
#### Sections 71 to 73: supplemental.
#### Special cases.
#### Sections 71 to 73: supplemental.
#### Complaint to employment tribunal.
#### Entitlement to ... paternity leave: birth
#### Entitlement to additional paternity leave: birth
#### Redundancy and dismissal
#### Chapter 3: supplemental
#### Statutory right to request contract variation
#### Rights during and after bereavement leave
#### Special cases
#### Chapter 3: supplemental
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### No normal retirement age: dismissal at or after 65
#### Normal retirement age: dismissal before retirement age
#### Normal retirement age 65 or higher: dismissal at or after retirement age
#### Normal retirement age below 65: dismissal at or after retirement age
#### Reason for dismissal: particular matters
#### Retirement dismissals: fairness
#### Interpretation
#### Leave for family reasons.
#### Health and safety cases.
#### Employer’s duties in relation to application under section 80F
#### Complaints to employment tribunals
#### Retirement dismissals: fairness
#### Tax credits
#### Pension enrolment
#### Interpretation
#### Interpretation
#### Upper age limit.
#### Pressure on employer to dismiss unfairly.
#### Flexible working
#### The remedies: orders and compensation.
#### The orders.
#### Basic award of two weeks’ pay in certain cases.
#### Application to police.
#### The right.
#### Summary dismissal.
#### Pressure on employer to dismiss unfairly.
#### Making of payments.
#### Death of employer: lay-off and short-time.
#### Complaints to employment tribunal.
#### Confidentiality of negotiations before termination of employment
#### Debts to which Part applies.
#### National security.
#### Police officers.
#### Law governing employment.
#### Institution or continuance of tribunal proceedings.
#### Insolvency.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introductory.
#### Power to extend employment legislation to offshore employment.
#### Introductory.
#### Associated employers.
#### Institution or continuance of tribunal proceedings.
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
##### 43FA
- (1) The Secretary of State may make regulations requiring a person prescribed for the purposes of section 43F to produce an annual report on disclosures of information made to the person by workers.
- (2) The regulations must set out the matters that are to be covered in a report, but must not require a report to provide detail that would enable either of the following to be identified—
- (a) a worker who has made a disclosure;
- (b) an employer or other person in respect of whom a disclosure has been made.
- (3) The regulations must make provision about the publication of a report, and such provision may include (but is not limited to) any of the following requirements—
- (a) to send the report to the Secretary of State for laying before Parliament;
- (b) to include the report in another report or in information required to be published by the prescribed person;
- (c) to publish the report on a website.
- (4) The regulations may make provision about the time period within which a report must be produced and published.
- (5) Regulations under subsections (2) to (4) may make different provision for different prescribed persons.
#### Right to time off for ante-natal care (agency workers)
#### Right to time off to accompany to ante-natal appointment: agency workers
#### Agency workers: supplementary
#### Right to paid time off to attend adoption appointments
#### Right to remuneration for time off under section 57ZJ
#### Agency workers: supplementary
#### Complaint to employment tribunal.
#### Right to time off for pension scheme trustees.
#### Right to time off for pension scheme trustees.
#### Complaint to employment tribunal.
#### Right to payment for time off under section 58.
#### Right to remuneration for time off under section 63A.
#### Section 63D application: supplementary
#### Remedies
#### Complaints to employment tribunals.
#### Complaints to employment tribunals: agency workers
#### Compulsory maternity leave.
#### Meaning of suspension on maternity grounds.
#### Complaints to employment tribunals
#### Chapter 1A: supplemental
#### Entitlement to leave under section 75E: further provision
#### Entitlement to shared parental leave: adoption
#### Redundancy and dismissal
#### Entitlement to leave under section 75G: further provision
#### Entitlement to shared parental leave: adoption
#### Special cases.
#### Special cases.
#### Complaint to employment tribunal.
#### Entitlement to additional paternity leave: birth
#### Entitlement to ... paternity leave: birth
#### Special cases
#### Chapter 3: supplemental
#### Statutory right to request contract variation
#### Employer’s duties in relation to application under section 80F
#### Complaints to employment tribunals
#### Employer’s duties in relation to application under section 80F
#### Supplementary.
#### Circumstances in which an employee is dismissed.
#### Complaints to employment tribunals
#### No normal retirement age: dismissal at or after 65
#### Normal retirement age: dismissal before retirement age
#### Normal retirement age 65 or higher: dismissal at or after retirement age
#### Employer’s duties in relation to application under section 80F
#### Reason for dismissal: particular matters
#### Complaints to employment tribunals
#### Jury service
#### Leave for family reasons.
#### Retirement dismissals: fairness
#### Employee representatives.
#### Assertion of statutory right.
#### Leave for family reasons.
#### Flexible working
#### Study and training
#### Pension enrolment
#### Dismissal procedures agreements.
#### The remedies: orders and compensation.
#### Order for reinstatement.
#### Basic award: reductions.
#### Application to police.
#### Circumstances in which an employee is dismissed.
#### Renewal of contract or re-engagement.
#### Confidentiality of negotiations before termination of employment
#### Confidentiality of negotiations before termination of employment
#### Death of employee.
#### Basic award: reductions.
#### Making of payments.
#### The appropriate date.
#### Debts to which Part applies.
#### Power to extend employment legislation to offshore employment.
#### Applications for payments.
#### Power to extend employment legislation to offshore employment.
#### Extension of time limits to facilitate conciliation before institution of proceedings
#### Rights and liabilities accruing after death.
#### Rights and liabilities accruing after death.
#### Reinstatement or re-engagement of dismissed employee.
#### General.
#### Shop workers.
#### Other definitions.
#### Financial provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Additional adoption leave
#### Redundancy and dismissal
#### Entitlement to shared parental leave: birth
#### Entitlement to leave under section 75G: further provision
#### Entitlement to shared parental leave: birth
#### Entitlement to parental leave.
#### Entitlement to leave under section 75G: further provision
#### Redundancy and dismissal
#### Rights during and after parental leave.
#### Entitlement to additional paternity leave: birth
#### Entitlement to additional paternity leave: adoption
#### Rights during and after paternity leave
#### Chapter 3: supplemental
#### Statutory right to request contract variation
#### Complaints to employment tribunals
#### Remedies
#### Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
#### The right.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### No normal retirement age: dismissal at or after 65
#### No normal retirement age: dismissal at or after 65
#### Normal retirement age: dismissal before retirement age
#### Normal retirement age 65 or higher: dismissal at or after retirement age
#### Normal retirement age below 65: dismissal at or after retirement age
#### Reason for dismissal: particular matters
#### Procedural fairness
#### Reason for dismissal: particular matters
#### Health and safety cases.
#### Trustees of occupational pension schemes.
#### Protected disclosure.
#### Shop workers and betting workers who refuse Sunday work.
#### Employee representatives.
#### Employee shareholder status
#### Replacements.
#### Upper age limit.
#### Complaints to employment tribunal.
#### Confidentiality of negotiations before termination of employment
#### The remedies: orders and compensation.
#### The orders.
#### The remedies: orders and compensation.
#### Order for reinstatement.
#### Complaints to employment tribunal.
#### Summary dismissal.
#### Death of employer: lay-off and short-time.
#### References to employment tribunals.
#### Employee’s rights on insolvency of employer.
#### Circumstances in which an employee is dismissed.
#### Written particulars of redundancy payment.
#### Law governing employment.
#### Remedy for infringement of certain rights.
#### Extension of time limits to facilitate conciliation before institution of proceedings
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introductory.
#### Reinstatement or re-engagement of dismissed employee.
#### Introductory.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### General.
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
##### 41A
- (1) A shop worker may at any time give to his or her employer a written notice, signed and dated by the shop worker, to the effect that he or she objects to doing shop work for additional hours on Sunday.
- (2) In this Part—
- “*additional hours*” means any number of hours of shop work that a shop worker is (or could be) required to work under a contract of employment on Sunday that are (or would be) in excess of the shop worker's normal Sunday working hours;
- “*objection notice*” means a notice given under subsection (1).
- (3) The “normal Sunday working hours” of a shop worker are to be calculated in accordance with regulations.
- (4) Regulations under this section may provide—
- (a) for the calculation to be determined (for example) by reference to the average number of hours that the shop worker has worked on Sundays during a period specified or described in the regulations;
- (b) for a calculation of the kind mentioned in paragraph (a) to be varied in special cases;
- (c) for the right to give an objection notice not to be exercisable in special cases (and subsection (1) is subject to provision made by virtue of this paragraph).
- (5) Provision under subsection (4)(b) or (c) may, in particular, include provision—
- (a) about how the calculation of normal Sunday working hours is to be made in the case of a shop worker who has not been employed for a sufficient period of time to enable a calculation to be made as otherwise provided for in the regulations;
- (b) for the right to give an objection notice not to be exercisable by such a shop worker until he or she has completed a period of employment specified or described in the regulations.
- (6) But regulations under this section may not include provision preventing a shop worker who has been continuously employed under a contract of employment for a period of one year or more from giving to the employer an objection notice.
- (7) Regulations under this section may make different provision for different purposes.
##### 41B
- (1) This section applies where a person becomes a shop worker who, under a contract of employment, is or may be required to do shop work on Sundays.
- (2) The employer must give to the shop worker a written statement informing the shop worker of the following rights—
- (a) the right to object to working on Sundays by giving the employer an opting-out notice (if section 40 applies to the shop worker);
- (b) the right to object to doing shop work for additional hours on Sundays by giving the employer an objection notice.
- (3) The statement must be given before the end of the period of two months beginning with the day on which the person becomes a shop worker as mentioned in subsection (1).
- (4) An employer does not fail to comply with subsections (2) and (3) in a case where, before the end of the period referred to in subsection (3), the shop worker has given to the employer an opting-out notice (and that notice has not been withdrawn).
- (5) A statement under this section must comply with such requirements as to form and content as regulations may provide.
- (6) Regulations under this section may make different provision for different purposes.
##### 41C
- (1) This section applies where—
- (a) under a contract of employment a shop worker is or may be required to do shop work on Sundays, and
- (b) the shop worker was employed under that contract on the day before the commencement date.
- (2) The shop worker's employer must give to the shop worker a written statement informing the shop worker of the rights mentioned in section 41B(2).
- (3) The statement must be given before the end of the period of two months beginning with the commencement date.
- (4) An employer does not fail to comply with subsections (2) and (3) in a case where, before the end of the period referred to in subsection (3), the shop worker has given to the employer an opting-out notice (and that notice has not been withdrawn).
- (5) A statement under this section must comply with such requirements as to form and content as regulations may provide.
- (6) Regulations under this section may make different provision for different purposes.
- (7) In this section “*commencement date*” means the date appointed by regulations under section 44 of the Enterprise Act 2016 for the coming into force of section 33 of, and Schedule 5 to, that Act.
##### 41D
- (1) This section applies if an employer fails to give to a shop worker a written statement in accordance with—
- (a) section 41B(2) and (3), or
- (b) section 41C(2) and (3).
- (2) If the shop worker gives to the employer an opting-out notice, the notice period under section 41(3) that applies in relation to the shop worker is varied as follows—
- (a) if the notice period under that provision would have been one month, it becomes 7 days instead;
- (b) if the notice period under that provision would have been three months, it becomes one month instead.
- (3) If the shop worker gives to the employer an objection notice, the relevant period under section 43ZA(2) that applies in relation to the shop worker is varied as follows—
- (a) if the relevant period under that provision would have been one month, it becomes 7 days instead;
- (b) if the relevant period under that provision would have been three months, it becomes one month instead.
##### 43ZA
- (1) Where a shop worker gives to his or her employer an objection notice, any agreement entered into between the shop worker and the employer becomes unenforceable to the extent that—
- (a) it requires the shop worker to do shop work for additional hours on Sunday after the end of the relevant period, or
- (b) it requires the employer to provide the shop worker with shop work for additional hours on Sunday after the end of that period.
- (2) The “relevant period” is—
- (a) in the case of a shop worker who is or may be required to do shop work in or about a large shop, the period of one month beginning with the day on which the objection notice is given;
- (b) in any other case, the period of three months beginning with that day.
This subsection is subject to section 41D(3).
- (3) A shop worker who has given an objection notice may revoke the notice by giving a further written notice to the employer.
- (4) Where—
- (a) a shop worker gives to the employer a notice under subsection (3), and
- (b) after giving the notice the shop worker expressly agrees with the employer to do shop work for additional hours on Sunday (whether on Sundays generally or on a particular Sunday),
the contract of employment between the shop worker and the employer is to be taken to be varied to the extent necessary to give effect to the terms of the agreement.
- (5) The reference in subsection (1) to any agreement—
- (a) includes the contract of employment under which the shop worker is employed immediately before giving the objection notice;
- (b) includes an agreement of a kind mentioned in subsection (4), or a contract of employment as taken to be varied under that subsection, only if an objection notice is given in relation to the working of additional hours under that agreement or contract as varied.
##### 43ZB
- (1) In this Part—
- “*additional hours*” has the meaning given in section 41A(2);
- “*large shop*” means a shop which has a relevant floor area exceeding 280 square metres;
- “*objection notice*” has the meaning given in section 41A(2);
- “*regulations*” means regulations made by the Secretary of State.
- (2) In the definition of “large shop” in subsection (1)—
- (a) “*shop*” means any premises where there is carried on a trade or business consisting wholly or mainly of the sale of goods;
- (b) “*relevant floor area*” means the internal floor area of so much of the large shop in question as consists of or is comprised in a building.
- (3) For the purposes of subsection (2), any part of the shop which is not used for the serving of customers in connection with the sale or display of goods is to be disregarded.
- (4) The references in subsections (2) and (3) to the sale of goods does not include—
- (a) the sale of meals, refreshments or alcohol (within the meaning of the Licensing Act 2003 or, in relation to Scotland, the Licensing (Scotland) Act 2005 (asp 16)) for consumption on the premises on which they are sold, or
- (b) the sale of meals or refreshments prepared to order for immediate consumption off those premises.
##### 45ZA
- (1) Subsection (2) applies where a shop worker has given an objection notice to his or her employer and the notice has not been withdrawn.
- (2) The shop worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the employer done on the ground that the shop worker refused (or proposed to refuse) to do shop work for additional hours on Sunday or on a particular Sunday.
- (3) Subsection (2) does not apply to anything done on the ground that the shop worker refused (or proposed to refuse) to do shop work for additional hours on any Sunday or Sundays falling before the end of the relevant period.
- (4) A shop worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his or her employer on the ground that the shop worker gave (or proposed to give) an objection notice to the employer.
- (5) Subsections (2) and (4) do not apply where the detriment in question amounts to dismissal (within the meaning of Part 10).
- (6) For the purposes of this section, a shop worker who does not do shop work for additional hours on Sunday or on a particular Sunday is not to be regarded as having been subjected to any detriment by—
- (a) a failure to pay remuneration in respect of doing shop work for additional hours on Sunday which the shop worker has not done, or
- (b) a failure to provide any other benefit where the failure results from the application (in relation to a Sunday on which the shop worker has not done shop work for additional hours) of a contractual term under which the extent of the benefit varies according to the number of hours worked by, or the remuneration paid to, the shop worker.
- (7) Subsections (8) and (9) apply where—
- (a) an employer offers to pay a sum specified in the offer to a shop worker if he or she agrees to do shop work for additional hours on Sunday or on a particular Sunday, and
- (b) the shop worker—
- (i) has given an objection notice to the employer that has not been withdrawn, or
- (ii) is not obliged under a contract of employment to do shop work for additional hours on Sunday.
- (8) A shop worker to whom the offer is not made is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure—
- (a) to make the offer to the shop worker, or
- (b) to pay the shop worker the sum specified in the offer.
- (9) A shop worker who does not accept the offer is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure to pay the shop worker the sum specified in the offer.
- (10) In this section—
- “additional hours” and “objection notice” have the meanings given by section 41A(2);
- “*relevant period*” means the period determined by section 43ZA(2) (but subject to section 41D(3)).
#### Employees exercising right to time off work for study or training.
#### Protected disclosures.
#### Right to remuneration for time off under section 52.
#### Right to time off to look for work or arrange training.
#### Complaint to employment tribunal
#### Right to time off to accompany to ante-natal appointment: agency workers
#### Complaint to employment tribunal: agency workers
#### Right to paid time off to attend adoption appointments
#### Complaint to employment tribunal
#### Right to unpaid time off to attend adoption meetings: agency workers
#### Complaint to employment tribunal: agency workers
#### Agency workers: supplementary
#### Placement of looked after children with prospective adopters
#### Right to payment for time off under section 58.
#### Complaints to employment tribunals.
#### Right to time off for young person in Wales or Scotland for study or training.
#### Right to remuneration for time off under section 63A.
#### Statutory right to make request in relation to study or training
#### Statutory right to make request in relation to study or training
#### Complaints to employment tribunals
#### Meaning of suspension on maternity grounds.
#### Section 63D application: supplementary
#### Sections 71 to 73: supplemental.
#### Ordinary adoption leave
#### Entitlement to leave under section 75E: further provision
#### Special cases.
#### Special cases.
#### Rights during and after parental leave.
#### Entitlement to ... paternity leave: birth
#### Entitlement to ... paternity leave: adoption
#### Entitlement to additional paternity leave: adoption
#### Rights during and after paternity leave
#### Special cases
#### Chapter 3: supplemental
#### Statutory right to request contract variation
#### Circumstances in which an employee is dismissed.
#### Circumstances in which an employee is dismissed.
#### Retirement dismissals: fairness
#### Normal retirement age 65 or higher: dismissal at or after retirement age
#### Normal retirement age below 65: dismissal at or after retirement age
#### Reason for dismissal: particular matters
#### Leave for family reasons.
##### 101ZA
- (1) Subsection (2) applies where a shop worker has given an objection notice that has not been withdrawn and he or she is dismissed.
- (2) The shop worker is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or the principal reason) for the dismissal is that he or she refused, or proposed to refuse, to do shop work for additional hours on Sunday or on a particular Sunday.
- (3) Subsection (2) does not apply where the reason (or principal reason) for the dismissal is that the shop worker refused (or proposed to refuse) to do shop work for additional hours on any Sunday or Sundays falling before the end of the relevant period.
- (4) A shop worker who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or principal reason) for the dismissal is that the worker gave (or proposed to give) an objection notice to the employer.
- (5) In this section—
- “additional hours” and “objection notice” have the meanings given by section 41A(2);
- “*relevant period*” means the period determined by section 43ZA(2) (but subject to section 41D(3)).
#### Working time cases.
#### Employee representatives.
#### Assertion of statutory right.
#### The national minimum wage.
#### Study and training
#### Study and training
#### Redundancy.
#### Replacements.
#### Upper age limit.
#### Complaints to employment tribunal.
#### The remedies: orders and compensation.
#### The orders.
#### Basic award of two weeks’ pay in certain cases.
#### Application to police.
#### The right.
#### Summary dismissal.
#### Making of payments.
#### Death of employer: lay-off and short-time.
#### References to employment tribunals.
#### Employee’s rights on insolvency of employer.
#### Debts to which Part applies.
#### National security.
#### Remedy for infringement of certain rights.
#### Rights and liabilities accruing after death.
#### Extension of time limits to facilitate conciliation before institution of proceedings
#### Powers to amend Act.
#### Period of continuous employment.
#### Reinstatement or re-engagement of dismissed employee.
#### Shop workers.
#### Other definitions.
#### Financial provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### The national minimum wage.
#### Flexible working
#### Redundancy.
#### Pressure on employer to dismiss unfairly.
#### Dismissal procedures agreements.
#### Complaints to employment tribunal.
#### The remedies: orders and compensation.
#### The remedies: orders and compensation.
#### Basic award: reductions.
#### Circumstances in which an employee is dismissed.
#### Renewal of contract or re-engagement.
#### House of Lords staff.
#### Death of employee.
#### Old statutory compensation schemes.
#### Insolvency.
#### House of Lords staff.
#### Police officers.
#### Extension of time limits to facilitate conciliation before institution of proceedings
#### Introductory.
#### Reinstatement or re-engagement of dismissed employee.
#### General.
#### Shop workers.
#### Other definitions.
#### Financial provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Police officers.
#### Rights and liabilities accruing after death.
#### Extension of time limits to facilitate conciliation before institution of proceedings
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introductory.
#### Reinstatement or re-engagement of dismissed employee.
#### Introductory.
#### Associated employers.
#### Normal working hours.
#### Orders and regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
#### Application to police of section 44 and related provisions.
#### Complaints to employment tribunals.
#### Right to time off to look for work or arrange training.
#### Right to time off for ante-natal care.
#### Right to time off for ante-natal care (agency workers)
#### Right to time off to accompany to ante-natal appointment: agency workers
#### Right to remuneration for time off under section 57ZJ
#### Complaint to employment tribunal: agency workers
#### Agency workers: supplementary
#### Time off for dependants.
#### Right to time off for employee representatives.
#### Right to time off for young person in Wales or Scotland for study or training.
#### Complaints to employment tribunals.
#### Employee's duties in relation to agreed study or training
#### Remedies
#### Compulsory maternity leave.
#### Additional maternity leave.
#### Redundancy and dismissal.
#### Ordinary adoption leave
#### Additional adoption leave
#### Redundancy and dismissal
#### Entitlement to parental leave.
#### Special cases.
#### Supplemental.
#### Complaint to employment tribunal.
#### Entitlement to additional paternity leave: birth
#### Entitlement to ... paternity leave: adoption
#### Entitlement to additional paternity leave: adoption
#### Rights during and after paternity leave
### CHAPTER 4 — Parental bereavement leave
#### Parental bereavement leave
##### 80EA
- (1) The Secretary of State must make regulations entitling an employee who is a bereaved parent to be absent from work on leave under this section.
- (2) For the purposes of subsection (1) an employee is a “bereaved parent” if the employee satisfies conditions specified in the regulations as to relationship with a child who has died.
- (3) The conditions specified under subsection (2) may be framed, in whole or in part, by reference to the employee's care of the child before the child's death.
- (4) The regulations must include provision for determining—
- (a) the extent of an employee's entitlement to leave under this section in respect of a child;
- (b) when leave under this section may be taken.
- (5) Provision under subsection (4)(a) must secure that where an employee is entitled to leave under this section in respect of a child the employee is entitled to at least two weeks' leave.
- (6) Provision under subsection (4)(b) must secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child's death.
- (7) The regulations must secure that where a person is eligible under subsection (1) as the result of the death of more than one child, the person is entitled to leave in respect of each child.
- (8) The regulations may make provision about how leave under this section is to be taken.
- (9) In this section—
- “*child*” means a person under the age of 18 (see also section 80EE for the application of this Chapter in relation to stillbirths);
- “*week*” means any period of seven days.
##### 80EB
- (1) Regulations under section 80EA must provide—
- (a) that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied but for the absence,
- (b) that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and
- (c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80EC(1).
- (2) The reference in subsection (1)(c) to absence on leave under section 80EA includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—
- (a) maternity leave,
- (b) paternity leave,
- (c) adoption leave,
- (d) shared parental leave, and
- (e) parental leave.
- (3) In subsection (1)(a), “terms and conditions of employment”—
- (a) includes matters connected with an employee's employment whether or not they arise under the contract of employment, but
- (b) does not include terms and conditions about remuneration.
- (4) Regulations under section 80EA may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.
- (5) Regulations under section 80EA may make provision, in relation to the right to return mentioned in subsection (1)(c), about—
- (a) seniority, pension rights and similar rights;
- (b) terms and conditions of employment on return.
##### 80EC
- (1) Regulations under section 80EA may make provision about—
- (a) redundancy, or
- (b) dismissal (other than by reason of redundancy),
during a period of leave under that section.
- (2) Provision by virtue of subsection (1) may include—
- (a) provision requiring an employer to offer alternative employment;
- (b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10).
##### 80ED
Regulations under section 80EA may—
- (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers;
- (b) make provision requiring employers or employees to keep records;
- (c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;
- (d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);
- (e) make special provision for cases where an employee has a right which corresponds to a right under section 80EA and which arises under the person's contract of employment or otherwise;
- (f) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week's pay) in relation to an employee who is or has been absent from work on leave under section 80EA;
- (g) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 80EA;
- (h) make different provision for different cases or circumstances;
- (i) make consequential provision.
##### 80EE
In this Chapter—
- (a) references to a child include a child stillborn after twenty-four weeks of pregnancy, and
- (b) references to the death of a child are to be read, in relation to a stillborn child, as references to the birth of the child.
#### Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Jury service
#### Normal retirement age: dismissal before retirement age
#### Normal retirement age 65 or higher: dismissal at or after retirement age
#### Normal retirement age below 65: dismissal at or after retirement age
#### Interpretation
#### Leave for family reasons.
#### Health and safety cases.
#### Working time cases.
#### Study and training
#### Protected disclosure.
#### The national minimum wage.
#### Tax credits
#### Pension enrolment
#### Employee shareholder status
#### Dismissal procedures agreements.
#### Order for reinstatement.
#### Renewal of contract or re-engagement.
#### Amount of payments.
#### The appropriate date.
#### Remedy for infringement of certain rights.
#### Period of continuous employment.
#### Reinstatement or re-engagement of dismissed employee.
#### General.
#### Shop workers.
#### Other definitions.
#### Financial provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notes:
### Request for employment particulars by pre-6 April 2020 employee or pre- TURERA employee
##### 7B
- (1) Where an existing employee (as defined in paragraph 7A(1)) or a pre-TURERA employee (as defined in paragraph 7(1)) at any time—
- (a) on or after 6 April 2020, and
- (b) either before the end of the employee’s employment or within the period of three months beginning with the day on which the employee’s employment ends,
requests from the employer a statement under section 1 of this Act, the employer shall (subject to section 5 and any other provisions disapplying or having the effect of disapplying sections 1 to 4) be treated as being required by section 1 to give him a written statement under that section not later than 1 month after the request is made and section 4 of this Act shall (subject to that) apply in relation to the employee after he makes the request.
- (4) An employer is not required to give an existing employee or a pre-TURERA employee a statement under section 1 pursuant to sub-paragraph (1) on more than one occasion.
- (5) Where—
- (a) on or after 6 April 2020 there is in the case of an existing employee or a pre-TURERA employee a change in any of the matters particulars of which would, had they have been given a statement of particulars on or after 6 April 2020 under section 1 of this Act (as amended), have been included or referred to in the statement, and
- (b) he has not previously requested a statement under sub-paragraph (1),
subsection (1) of section 4 of this Act shall be treated (subject to section 5 and any other provision disapplying or having the effect of disapplying section 4) as requiring his employer to give him a written statement containing particulars of the change at the time specified in subsection (3) of section 4; and the other provisions of section 4 apply accordingly.
- (6) A reference in this paragraph to section 1 or section 4 is a reference to that section as amended by the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018.
### Monetary limits in old cases
#### Application of this Part and related provisions to police
#### Other interpretative provisions.
#### Employees exercising right to time off work for study or training.
#### Protected disclosures.
#### Flexible working
#### Complaints to employment tribunals.
#### Right to remuneration for time off under section 63A.
#### Employer's duties in relation to application
#### Compulsory maternity leave.
#### Redundancy and dismissal.
#### Additional adoption leave
#### Chapter 1A: supplemental
#### Entitlement to leave under section 75G: further provision
#### Entitlement to parental leave.
#### Entitlement to ... paternity leave: birth
#### Entitlement to additional paternity leave: birth
#### Entitlement to ... paternity leave: adoption
#### Entitlement to additional paternity leave: adoption
#### Rights during and after paternity leave
#### Special cases
#### Chapter 3: supplemental
#### Employer’s duties in relation to application under section 80F
#### Rights of employer and employee to minimum notice.
#### Supplementary.
#### Working time cases.
#### Assertion of statutory right.
#### The national minimum wage.
#### Redundancy.
#### Pressure on employer to dismiss unfairly.
#### Dismissal procedures agreements.
#### Confidentiality of negotiations before termination of employment
#### Basic award: reductions.
#### Application to police.
#### Circumstances in which an employee is dismissed.
#### Renewal of contract or re-engagement.
#### Death of employee.
#### Old statutory compensation schemes.
#### Insolvency.
#### Power to extend employment legislation to offshore employment.
#### Remedy for infringement of certain rights.
#### Powers to amend Act.
#### Period of continuous employment.
#### Reinstatement or re-engagement of dismissed employee.
#### General.
#### Shop workers.
#### Other definitions.
#### Financial provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 7A
- (1) In this paragraph an “existing employee” means an employee whose employment with his employer began on or after 30th November 1993 and before 6th April 2020.
- (2) Subject to paragraph 7B, sections 1 to 7 of this Act apply to an existing employee without the amendments made by regulations 2 to 6 of the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018.
##### 7B
- (1) Where an existing employee (as defined in paragraph 7A(1)) or a pre-TURERA employee (as defined in paragraph 7(1)) at any time—
- (a) on or after 6 April 2020, and
- (b) either before the end of the employee’s employment or within the period of three months beginning with the day on which the employee’s employment ends,
requests from the employer a statement under section 1 of this Act, the employer shall (subject to section 5 and any other provisions disapplying or having the effect of disapplying sections 1 to 4) be treated as being required by section 1 to give him a written statement under that section not later than 1 month after the request is made and section 4 of this Act shall (subject to that) apply in relation to the employee after he makes the request.
- (4) An employer is not required to give an existing employee or a pre-TURERA employee a statement under section 1 pursuant to sub-paragraph (1) on more than one occasion.
- (5) Where—
- (a) on or after 6 April 2020 there is in the case of an existing employee or a pre-TURERA employee a change in any of the matters particulars of which would, had they have been given a statement of particulars on or after 6 April 2020 under section 1 of this Act (as amended), have been included or referred to in the statement, and
- (b) he has not previously requested a statement under sub-paragraph (1),
subsection (1) of section 4 of this Act shall be treated (subject to section 5 and any other provision disapplying or having the effect of disapplying section 4) as requiring his employer to give him a written statement containing particulars of the change at the time specified in subsection (3) of section 4; and the other provisions of section 4 apply accordingly.
- (6) A reference in this paragraph to section 1 or section 4 is a reference to that section as amended by the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018.
#### Notes:
2022-04-22
Employment Rights Act 1996
2022-04-06
Employment Rights Act 1996
2021-07-08
Employment Rights Act 1996
2021-05-31
Employment Rights Act 1996
2021-04-06
Employment Rights Act 1996
2020-12-31
Employment Rights Act 1996
2020-04-06
Employment Rights Act 1996
2020-04-01
Employment Rights Act 1996
2020-03-10
Employment Rights Act 1996
2019-08-02
Employment Rights Act 1996
2019-04-06
Employment Rights Act 1996
2019-01-03
Employment Rights Act 1996
2018-10-01
Employment Rights Act 1996
2018-04-13
Employment Rights Act 1996
2018-04-06
Employment Rights Act 1996
2018-04-01
Employment Rights Act 1996
2018-02-06
Employment Rights Act 1996
2018-01-01
Employment Rights Act 1996
2017-12-26
Employment Rights Act 1996
2017-11-03
Employment Rights Act 1996
2017-11-01
Employment Rights Act 1996
2017-04-06
Employment Rights Act 1996
2017-03-31
Employment Rights Act 1996
2016-11-30
Employment Rights Act 1996
2016-05-04
Employment Rights Act 1996
2016-04-06
Employment Rights Act 1996
2016-02-26
Employment Rights Act 1996
2016-01-11
Employment Rights Act 1996
2015-08-31
Employment Rights Act 1996
2015-04-06
Employment Rights Act 1996
2015-01-08
Employment Rights Act 1996
2014-11-25
Employment Rights Act 1996
2014-08-07
Employment Rights Act 1996
2014-07-30
Employment Rights Act 1996
2014-04-06
Employment Rights Act 1996
2014-03-17
Employment Rights Act 1996
2014-01-31
Employment Rights Act 1996
2013-07-29
Employment Rights Act 1996
2013-06-25
Employment Rights Act 1996
2013-04-25
Employment Rights Act 1996
2013-03-08
Employment Rights Act 1996
2013-02-01
Employment Rights Act 1996
2013-01-02
Employment Rights Act 1996
2012-05-01
Employment Rights Act 1996
2012-04-06
Employment Rights Act 1996
2012-04-01
Employment Rights Act 1996
2012-02-01
Employment Rights Act 1996
2011-10-28
Employment Rights Act 1996
2011-10-01
Employment Rights Act 1996
2011-09-01
Employment Rights Act 1996
2011-05-20
Employment Rights Act 1996
2011-04-06
Employment Rights Act 1996
2011-02-08
Employment Rights Act 1996
2011-02-01
Employment Rights Act 1996
2010-10-01
Employment Rights Act 1996
2010-05-05
Employment Rights Act 1996
2010-04-07
Employment Rights Act 1996
2010-04-06
Employment Rights Act 1996
2010-04-01
Employment Rights Act 1996
2010-03-03
Employment Rights Act 1996
2010-03-02
Employment Rights Act 1996
2010-02-01
Employment Rights Act 1996
2010-01-01
Employment Rights Act 1996
2009-10-01
Employment Rights Act 1996
2009-09-01
Employment Rights Act 1996
2009-04-24
Employment Rights Act 1996
2009-04-06
Employment Rights Act 1996
2009-02-21
Employment Rights Act 1996
2009-02-01
Employment Rights Act 1996
2008-10-27
Employment Rights Act 1996
2008-07-27
Employment Rights Act 1996
2008-07-22
Employment Rights Act 1996
2008-05-26
Employment Rights Act 1996
2008-04-06
Employment Rights Act 1996
2008-02-01
Employment Rights Act 1996
2008-01-01
Employment Rights Act 1996
2007-12-15
Employment Rights Act 1996
2007-11-01
Employment Rights Act 1996
original version
Text at this date