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Employment Rights Act 1996

100 versions · 1996-05-22

2026-04-06

Employment Rights Act 1996

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Changes on 2026-04-06

@@ -802,7 +802,7 @@

##### 31

- (1) The amount of a guarantee payment payable to an employee in respect of any day shall not exceed £39.

- (1) The amount of a guarantee payment payable to an employee in respect of any day shall not exceed £41.

- (2) An employee is not entitled to guarantee payments in respect of more than the specified number of days in any period of three months.

@@ -2123,7 +2123,7 @@

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

- (a) as to duration of employment, and

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

- (b) as to having, or expecting to have, responsibility for a child,

@@ -3371,7 +3371,7 @@

##### 120

- (1) The amount of the basic award (before any reduction under section 122) shall not be less than £8,763 where the reason (or, if more than one, the principal reason)—

- (1) The amount of the basic award (before any reduction under section 122) shall not be less than £9,157 where the reason (or, if more than one, the principal reason)—

- (a) in a redundancy case, for selecting the employee for dismissal, or

@@ -3475,7 +3475,7 @@

- (1ZA) The amount specified in this subsection is the lower of—

- (a) £118,223, and

- (a) £123,543, and

- (b) 52 multiplied by a week’s pay of the person concerned.

@@ -5163,9 +5163,9 @@

- (1) The total amount payable to an employee in respect of any debt to which this Part applies, where the amount of the debt is referable to a period of time, shall not exceed—

- (a) £719 in respect of any one week, or

- (b) in respect of a shorter period, an amount bearing the same proportion to £719 as that shorter period bears to a week.

- (a) £751 in respect of any one week, or

- (b) in respect of a shorter period, an amount bearing the same proportion to £751 as that shorter period bears to a week.

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

@@ -6423,7 +6423,7 @@

- (c) a redundancy payment,

the amount of a week’s pay shall not exceed £719.

the amount of a week’s pay shall not exceed £751.

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

@@ -6743,7 +6743,7 @@

is subject to annulment in pursuance of a resolution of either House of Parliament.

- (3) No recommendation shall be made to Her Majesty to make an Order in Council under section 192(3), and no order or regulations shall be made under section 27B, 27BA(3)(a)(ii) or (d), (6) or (16), 27BB(2), (5) or (9)(c), 27BD(6), 27BJ(1)(b), (2)(a) or (4), 27BK(3), 27BP(1), (2)(c), (3)(a), (6) or (9), 27BR(1)(c), 27BU(2), 27BZ, 27F, 27S, 41A that include provision under subsection (4)(c) of that section, 43FA (but see subsection (3A)),43K(4), 47C, 49B, 49D, 63D, 63F(7), 71, 72, 73, 75A, 75B, 75E, 75F(16), 75G, 75H(16), (17) or (18) 76, 80A, ... 80B , 80EA, 80EF, ... 80G 80J, 99, 104I, 104J(5)(f), 104K(7)(d), 120(2), 124(2) , 125(7) or 205A(11) or (12) or (subject to subsection (4)) section 209, or under paragraph 1(3)(b), (6) or (11), 2(2), (5) or (7)(c), 5(6), 12(1), 13(3), 14(2), 15(3), 16(4), 22(1), (3) or (5), 24(1)(c) or (2), 26(9), 27(2) or 28(2) of Schedule A1, unless a draft of the Order in Council , order or regulations has been laid before Parliament and approved by a resolution of each House of Parliament.

- (3) No recommendation shall be made to Her Majesty to make an Order in Council under section 192(3), and no order or regulations shall be made under section 27B, 27BA(3)(a)(ii) or (d), (6) or (16), 27BB(2), (5) or (9)(c), 27BD(6), 27BJ(1)(b), (2)(a) or (4), 27BK(3), 27BP(1), (2)(c), (3)(a), (6) or (9), 27BR(1)(c), 27BU(2), 27BZ, 27F, 27S, 41A that include provision under subsection (4)(c) of that section, 43FA (but see subsection (3A)),43K(4), 47C, 49B, 49D, 63D, 63F(7), 71, 72, 73, 75A, 75B, 75E, 75F(16), 75G, 75H(16), (17) or (18) 76, 80A, ... 80B , 80EA, 80EF, ... 80G 80J, 99, 104I, 104J(5)(f), 104K(7)(d), 120(2), 124(2) , 125(7) , 202A or 205A(11) or (12) or (subject to subsection (4)) section 209, or under paragraph 1(3)(b), (6) or (11), 2(2), (5) or (7)(c), 5(6), 12(1), 13(3), 14(2), 15(3), 16(4), 22(1), (3) or (5), 24(1)(c) or (2), 26(9), 27(2) or 28(2) of Schedule A1, unless a draft of the Order in Council , order or regulations has been laid before Parliament and approved by a resolution of each House of Parliament.

- (3A) Subsection (3) does not apply to regulations under section 43FA that contain only the provision mentioned in section 43FA(2), (3) or (4).

@@ -7890,7 +7890,7 @@

## Part II — Revocations

#### Statement of initial employment particulars.

#### Statement of initial particulars: supplementary.

##### 7A

@@ -7936,6 +7936,8 @@

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

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

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

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

@@ -8134,7 +8136,9 @@

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

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

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

- “*sexual harassment*” means harassment of the kind described in [section 26](https://www.legislation.gov.uk/ukpga/2010/15/section/26)[(2)](https://www.legislation.gov.uk/ukpga/2010/15/section/26) of the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/contents) (unwanted conduct of a sexual nature).

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

@@ -8640,4209 +8644,4273 @@

## Part 6A — Study and training

#### Determinations: supplementary.

##### 63D

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

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

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

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

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

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

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

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

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

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

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

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

- (7) The following persons are within this subsection—

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

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

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

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

- (e) an agency worker;

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

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

- (9) In this section—

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

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

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

##### 63E

- (1) A section 63D application may—

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

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

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

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

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

- (c) would be provided or supervised by the employer or by someone else;

- (d) would be undertaken without supervision;

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

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

- (4) A section 63D application must—

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

- (i) its subject matter;

- (ii) where and when it would take place;

- (iii) who would provide or supervise it;

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

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

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

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

- (c) contain information of any other description specified by the Secretary of State in regulations.

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

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

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

##### 63F

- (1) Subsections (4) to (7) apply if—

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

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

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

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

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

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

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

- (7) The permissible grounds for refusal are—

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

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

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

- (b) the burden of additional costs;

- (c) detrimental effect on ability to meet customer demand;

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

- (e) inability to recruit additional staff;

- (f) detrimental impact on quality;

- (g) detrimental impact on performance;

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

- (i) planned structural changes;

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

##### 63G

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

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

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

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

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

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

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

##### 63H

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

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

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

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

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

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

##### 63I

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

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

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

This is subject to the following provisions of this section.

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

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

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

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

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

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

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

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

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

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

- (6) The relevant date is—

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

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

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

##### 63J

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

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

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

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

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

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

##### 63K

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

### Ending the supply of an agency worker on maternity grounds

##### 68A

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

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

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

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

##### 68B

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

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

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

(3) Subsection (1) does not apply—

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

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

##### 68C

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

- (a) the temporary work agency has—

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

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

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

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

##### 68D

(1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law sections 68A, 68B and 68C do not apply where the agency worker—

- (a) has not completed the qualifying period, or

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

(2) Nothing in those sections imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration of the assignment, whichever is the longer. (3) Those sections do not apply where sections 66 to 68 apply. (4) In this section and sections 68A to 68C the following have the same meaning as in the Agency Workers Regulations 2010—

- “agency worker”

- “assignment”;

- “hirer”;

- “qualifying period”;

- “temporary work agency”.

##### 69A

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

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

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

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

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

##### 70A

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

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

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

- (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented within that period of three months.

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

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

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

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

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

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

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

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

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

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

## Part 8A — Flexible working

#### Determination of complaints.