Employment Rights Act 2025

• (c) Part 5 and this Part extend to England and Wales, Scotland and Northern Ireland.

• (2) Sections 12 and 13 (statutory sick pay in Northern Ireland) extend to Northern Ireland only.

• (3) Section 32 (public sector outsourcing: protection of workers) extends to England and Wales, Scotland and Northern Ireland.

• (4) Except as set out in subsection (5), an amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision amended, repealed or revoked.

• (5) In Schedule 12 (increase in time limits for making claims)—

• (a) the amendments made by paragraph 9(3) and (4) extend to Northern Ireland only;

• (b) the amendments made by paragraphs 10, 12 and 13 extend to England and Wales and Scotland only.

Commencement

159

• (1) The following provisions of this Act come into force on the day on which this Act is passed—

• (a) section 19 (review of extent of right to time off for public duties);

• (b) section 37 (guidance about the employment of children on heritage railways);

• (c) section 78 (repeal of provision about minimum service levels);

• (d) sections 154 to 158, this section and section 160.

• (2) The following provisions of this Act come into force at the end of the period of two months beginning with the day on which this Act is passed—

• (a) section 61 (political funds: requirement to pass political resolution);

• (b) section 62 (requirement to contribute to political fund);

• (c) section 63 (deduction of trade union subscriptions from wages in public sector);

• (d) section 66 (facility time: publication requirements and reserve powers);

• (e) section 67 (blacklists: additional powers);

• (f) section 69 (industrial action ballots: support thresholds);

• (g) section 70 (industrial action ballots: information to be included in notices to employers);

• (h) section 71 (industrial action ballots: information to be included on voting paper);

• (i) section 72 (period after which industrial action ballot ceases to be effective);

• (j) section 73 (electronic balloting);

• (k) section 74 (notice to employers of industrial action);

• (l) section 75 (union supervision of picketing);

• (m) section 80 (union annual returns: removal of provision about political expenditure);

• (n) section 82 (Certification Officer: removal of investigatory powers);

• (o) section 83 (Certification Officer: powers to be exercised only on application);

• (p) section 84 (Certification Officer: removal of power to impose financial penalties);

• (q) section 86 (Certification Officer: appeals to the Employment Appeal Tribunal);

• (r) section 87 (employment outside Great Britain);

• (s) section 89 (devolved Welsh authorities).

• (3) The other provisions of this Act come into force in accordance with regulations made by the Secretary of State.

• (4) Regulations under subsection (3) may make different provision for different purposes or different areas.

• (5) In deciding whether and when to make regulations under subsection (3) bringing section 68 (industrial action ballots: turnout threshold) into force for any purpose, the Secretary of State must have regard to what effect any provision made after this Act is passed for industrial action ballots to be conducted otherwise than by post has had, or is expected to have, on the proportion of those eligible to vote in such ballots doing so.

• (6) The Secretary of State may not make regulations under subsection (3) bringing section 68 into force for any purpose unless the Secretary of State has laid before Parliament a statement as to how the Secretary of State has had regard to any such effect.

• (7) In subsection (5) “industrial action ballot” means a ballot for the purposes of section 226 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ballots on industrial action).

Short title

160

This Act may be cited as the Employment Rights Act 2025.

Schedule 1

Before Schedule 1 to the Employment Rights Act 1996 insert—

Schedule 2

Insolvency Act 1986

1

In the Insolvency Act 1986, in Schedule 6 (categories of preferential debts), in paragraph 13(2), before paragraph (a) insert—

(za) a payment under section 27BP(1) of, or paragraph 22(1) of Schedule A1 to, the Employment Rights Act 1996 (payment for a cancelled, moved or curtailed shift);

.

Employment Tribunals Act 1996

2

The Employment Tribunals Act 1996 is amended as follows.

3

• (1) Section 12A (financial penalties) is amended as follows.

• (2) In subsection (11), in the definition of “employer”, after paragraph (a) insert—

1. in relation to a right conferred by Chapter 3 or 4 of Part 2A, or section 47H, of the Employment Rights Act 1996, includes a person who is an employer by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act;
2. in relation to a right conferred by Part 1 or 2 of Schedule A1 to the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Part 1 of Schedule A1 to that Act, includes the hirer within the meaning of the relevant Part of that Schedule;
3. in relation to a right conferred by Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996, includes (where it would not otherwise do so) the work-finding agency within the meaning of the relevant Part of that Schedule;
4. in relation to a right conferred by section 47I of the Employment Rights Act 1996, includes (where it would not otherwise do so) a person who is a relevant person within the meaning of that section;

.

• (3) In that subsection, in the definition of “worker”, for the words from “includes” to the end of the definition substitute

— 1. includes an individual seeking to be employed by a person as a worker; 2. in relation to a right conferred by Chapter 3 or 4 of Part 2A, or section 47H, of the Employment Rights Act 1996, includes an individual who is a worker by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act; 3. in relation to a right conferred by—Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996,Chapter 6 of Part 2A of that Act so far as relating to Part 1 of Schedule A1 to that Act, orincludes (where it would not otherwise do so) an agency worker within the meaning of Part 2A of that Act (see section 27BV of that Act).

4

• (1) Section 16 (power to provide for recoupment of benefits) is amended as follows.

• (2) In subsection (1), after paragraph (d) insert—

(da) payments under section 27BP(1) of, or paragraph 22(1) of Schedule A1 to, the Employment Rights Act 1996,

.

• (3) At the end insert—

(7) In the application of this section to payments which are the subject of proceedings under Chapter 2, 3 or 4 of Part 2A of the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Chapter 2 of that Part, and which are compensation for loss of wages (see subsection (1)(a))— (a) references to an employer are to be read as if they were references to an employer within the meaning of the relevant Chapter of that Part; (b) references to an employee are to be read as if they were references to a worker within the meaning of the relevant Chapter of that Part. (8) In the application of this section to payments which are the subject of proceedings under Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Part 1 of that Schedule, and which are compensation for loss of wages (see subsection (1)(a))— (a) references to an employer are to be read as if they were references to a hirer or (as the case may be) a work-finding agency within the meaning of the relevant Part of that Schedule; (b) references to an employee are to be read as if they were references to an agency worker within the meaning of Part 2A of that Act. (9) In the application of this section to payments under Part 5 of the Employment Rights Act 1996 (see subsection (1)(c)(i)) by virtue of section 47H of that Act— (a) references to an employer are to be read as if they were references to an employer within the meaning of that section; (b) references to an employee are to be read as if they were references to a worker within the meaning of that section. (10) In the application of this section to payments under Part 5 of the Employment Rights Act 1996 (see subsection (1)(c)(i)) by virtue of section 47I of that Act— (a) references to an employer are to be read as if they were references to a relevant person within the meaning of that section; (b) references to an employee are to be read as if they were references to an agency worker within the meaning of Part 2A of that Act. (11) In the application of this section to payments under section 27BP(1) of the Employment Rights Act 1996 (see subsection (1)(da))— (a) references to an employer are to be read as if they were references to an employer within the meaning of Chapter 4 of Part 2A of that Act; (b) references to an employee are to be read as if they were references to a worker within the meaning of that Chapter. (12) In the application of this section to payments under paragraph 22(1) of Schedule A1 to the Employment Rights Act 1996 (see subsection (1)(da))— (a) references to an employer are to be read as if they were references to a work-finding agency within the meaning of Part 2A of that Act; (b) references to an employee are to be read as if they were references to an agency worker within the meaning of that Part.

5

In section 18 (conciliation: relevant proceedings), in subsection (1)(b)—

• (a) after “23,” insert “27BG, 27BN, 27BT, 27BY(5),”;

• (b) after “177 of” insert “, or paragraph 8, 9, 19 or 26 of Schedule A1 to,”.

Employment Rights Act 1996

6

The Employment Rights Act 1996 is amended as follows.

7

In section 27 (meaning of “wages” for purposes of Part 2 of the Act), in subsection (1)—

• (a) after the paragraph (ce) inserted by the Neonatal Care (Leave and Pay) Act 2023 insert—

(cf) a payment under section 27BP(1) of this Act (payment for a cancelled, moved or curtailed shift),

;

• (b) after paragraph (cf) (inserted by paragraph (a)) insert—

(cg) a payment under paragraph 22(1) of Schedule A1 to this Act (agency workers: payment for a cancelled, moved or curtailed shift),

;

• (c) renumber the paragraph (ce) inserted by the Employment (Allocation of Tips) Act 2023 as paragraph (ch).

8

In section 27A (exclusivity terms unenforceable in zero hours contracts), omit subsections (1) and (2).

9

In section 27B (power to make further provision in relation to zero hours workers)—

• (a) omit subsection (4);

• (b) in subsection (6)(a) and (b) (inserted by section 8), for “prescribed” substitute “specified”;

• (c) omit subsections (7) and (8).

10

After section 47G insert—

(47H) (1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the worker’s employer done on the ground that the worker— (a) accepted, or proposed to accept, an offer from the employer to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract made in compliance (or purported compliance) with the duty imposed by section 27BA(1), (b) rejected, or proposed to reject, an offer from the employer to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract made in compliance (or purported compliance) with the duty imposed by section 27BA(1), (c) declined to work a shift (or part of a shift) on the basis of a reasonable belief that the employer failed to comply with a duty imposed by section 27BJ or 27BK in relation to the shift, (d) brought proceedings against the employer under— (i) section 27BG, (ii) section 27BN, (iii) section 27BT, or (iv) section 27BY(5), or (e) alleged the existence of any circumstance which would constitute a ground for bringing any proceedings within paragraph (d) (whether or not the worker referred to the possibility of bringing such proceedings). (2) The reference in subsection (1)(b) to a worker who rejected an offer includes a reference to a worker who is to be treated as having rejected an offer (see section 27BE(7)). (3) It is immaterial for the purposes of subsection (1)(d) or (e) whether or not the proceedings were, or would have been, well-founded provided that the worker acted in good faith in bringing the proceedings or alleging the existence of the circumstance. (4) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the worker’s employer done on the ground that— (a) the duty imposed by section 27BA(1) applies to the employer in relation to the worker and a particular reference period, or (b) the employer believes that that duty so applies. (5) This section does not apply where— (a) the worker is an employee, and (b) the detriment in question amounts to dismissal within the meaning of Part 10. (6) References to “worker” and “employer” in this section, section 48(1BA) and section 49 so far as relating to a complaint under section 48(1BA) are to be read with the modifications set out in— (a) section 27BJ(7), in connection with a complaint of detriment in contravention of this section relating to a duty imposed by section 27BJ or 27BK; (b) section 27BP(8), in connection with a complaint of detriment in contravention of this section relating to a duty imposed by section 27BP(1) or 27BR(2). (7) In this section “reference period” has the same meaning as in Chapter 2 of Part 2A (see section 27BA(4)).

11

After section 47H (inserted by paragraph 10) insert—

(47I) (1) An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by a relevant person done on the ground that the agency worker— (a) accepted, or proposed to accept, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1, (b) rejected, or proposed to reject, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1, (c) declined to work a shift (or part of a shift) on the basis of a reasonable belief that there had been a failure to comply with a duty imposed by paragraph 14 or 15 of Schedule A1 in relation to the shift, (d) brought proceedings under— (i) paragraph 8 or 9 of Schedule A1, (ii) paragraph 19 of Schedule A1, (iii) paragraph 26 of Schedule A1, or (iv) section 27BY(5), or (e) alleged the existence of any circumstance which would constitute a ground for bringing any proceedings within paragraph (d) (whether or not the agency worker referred to the possibility of bringing such proceedings). (2) The reference in subsection (1)(b) to an agency worker who rejected an offer includes a reference to an agency worker who is to be treated as having rejected an offer (see paragraph 6(5) of Schedule A1). (3) It is immaterial for the purposes of subsection (1)(d) or (e) whether or not the proceedings were, or would have been, well-founded provided that the agency worker acted in good faith in bringing the proceedings or alleging the existence of the circumstance. (4) An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by a relevant person done on the ground that— (a) the duty imposed by paragraph 1(1) of Schedule A1 applies in relation to the agency worker and a particular reference period, or (b) the relevant person believes that that duty so applies. (5) This section does not apply where— (a) the worker is an employee of the relevant person, and (b) the detriment in question amounts to dismissal within the meaning of Part 10. (6) For the purposes of this section, a person is a “relevant person”, in relation to an agency worker, if the person is (or has been)— (a) a work-finding agency with which the agency worker has a worker’s contract or an arrangement by virtue of which the agency worker is (or is to be) supplied to work for and under the supervision and direction of another person; (b) a person for and under the supervision and direction of whom the agency worker is (or is to be) supplied to work; (c) a person who is (or is to be) involved in the supply of the agency worker to a person falling within paragraph (b) or the payment of the agency worker for work done for such a person. (7) In this section— - “agency worker” has the same meaning as in Part 2A (see section 27BV); - “reference period” has the same meaning as in Part 1 of Schedule A1 (see paragraph 1(4)); - “work-finding agency” has the same meaning as in Part 2A (see section 27BV).

12

• (1) Section 48 (enforcement) is amended as follows.

• (2) After subsection (1B) insert—

(1BA) A worker may present a complaint to an employment tribunal that the worker has been subjected to a detriment in contravention of section 47H.

• (3) After subsection (1BA) (inserted by sub-paragraph (2)) insert—

(1BB) An agency worker (within the meaning of Part 2A) may present a complaint to an employment tribunal that the agency worker has been subjected to a detriment in contravention of section 47I.

• (4) In subsection (2), for “or (1B)” substitute “, (1B) or (1BA)”.

• (5) After subsection (2A) insert—

(2B) On a complaint under subsection (1BB) it is for the relevant person (within the meaning of section 47I) to show the ground on which any act, or deliberate failure to act, was done.

• (6) In subsection (4), in the words after paragraph (b), after “hirer” insert “, or a relevant person (within the meaning of section 47I),”.

• (7) In subsection (6), after “49” insert “, except so far as relating to an alleged detriment in contravention of section 47I,”.

13

• (1) Section 49 (remedies) is amended as follows.

• (2) In subsection (1), for “or (1B)” substitute “, (1B) or (1BA)”.

• (3) After subsection (1A) insert—

(1B) Where an employment tribunal finds a complaint under section 48(1BB) well-founded, the tribunal— (a) must make a declaration to that effect, and (b) may make an award of compensation to be paid by the relevant person (within the meaning of section 47I) to the complainant in respect of the act or failure to act to which the complaint relates.

• (4) In subsection (2), for “and (6)” substitute “, (6), (7) and (7A)”.

• (5) In that subsection, after “(7A)” insert “and (7B)”.

• (6) After subsection (7) insert—

(7A) Where— (a) the complaint is made under section 48(1BA), (b) the detriment to which the worker is subjected is the termination of the worker’s contract, and (c) that contract is not a contract of employment, any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the worker had been an employee and had been dismissed for a reason specified in section 104BA.

• (7) After subsection (7A) (inserted by sub-paragraph (6)) insert—

(7B) Where— (a) the complaint is made under section 48(1BB), (b) the detriment to which the agency worker is subjected is the termination of a worker’s contract between the agency worker and the relevant person, and (c) that contract is not a contract of employment, any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the agency worker had been an employee and had been dismissed for a reason specified in section 104BB (and “agency worker” and “relevant person” have the same meaning in this subsection as in section 47I).

14

After section 104B insert—

(104BA) (1) An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee— (a) accepted, or proposed to accept, an offer from the employer to vary the employee’s terms and conditions of employment or to enter into a new contract of employment made in compliance (or purported compliance) with the duty imposed by section 27BA(1), or (b) rejected, or proposed to reject, an offer from the employer to vary the employee’s terms and conditions of employment or to enter into a new contract of employment made in compliance (or purported compliance) with the duty imposed by section 27BA(1). (2) The reference in subsection (1)(b) to an employee who rejected an offer includes a reference to an employee who is to be treated as having rejected an offer (see section 27BE(7)). (3) An employee who is dismissed is also to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee— (a) brought proceedings against the employer under section 27BG(4), (5) or (7)(b) or 27BY(5), or (b) alleged the existence of any circumstance which would constitute a ground for bringing such proceedings (whether or not the employee referred to the possibility of bringing such proceedings). (In relation to other proceedings under section 27BG, see section 104.) (4) It is immaterial for the purposes of subsection (3) whether or not the proceedings were, or would have been, well-founded provided that the employee acted in good faith in bringing the proceedings or alleging the existence of the circumstance. (5) An employee who is dismissed is also to be regarded for the purposes of this Part as unfairly dismissed if— (a) the duty imposed by section 27BA(1) applies to the employee’s employer in relation to the employee and a particular reference period, or the employer believes that that duty so applies, and (b) the reason (or, if more than one, the principal reason) for the dismissal is that the employer sought to avoid the necessity of complying with that duty in relation to the employee and that reference period. (6) In this section, “reference period” has the same meaning as in Chapter 2 of Part 2A (see section 27BA(4)).

15

After section 104BA (inserted by paragraph 14) insert—

(104BB) (1) An employee who is dismissed by a relevant person (who is their employer) is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee— (a) accepted, or proposed to accept, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1, or (b) rejected, or proposed to reject, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1. (2) The reference in subsection (1)(b) to an employee who rejected an offer includes a reference to an employee who is to be treated as having rejected an offer (see paragraph 6(5) of Schedule A1). (3) An employee who is dismissed by a relevant person (who is their employer) is also to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee— (a) brought proceedings against the employer under paragraph 9(1) or (2) of Schedule A1, or (b) alleged the existence of any circumstance which would constitute a ground for bringing such proceedings (whether or not the employee referred to the possibility of bringing such proceedings). (In relation to other proceedings under paragraph 9 of Schedule A1, see section 104.) (4) It is immaterial for the purposes of subsection (3) whether or not the proceedings were, or would have been, well-founded provided that the employee acted in good faith in bringing the proceedings or alleging the existence of the circumstance. (5) An employee who is dismissed by a relevant person (who is their employer) is also to be regarded for the purposes of this Part as unfairly dismissed if— (a) the duty imposed by paragraph 1(1) of Schedule A1 applies in relation to the employee and a particular reference period, or the employer believes that that duty so applies, and (b) the reason (or, if more than one, the principal reason) for the dismissal is that the employer sought to avoid the necessity of that duty having to be complied with in relation to the employee and the reference period. (6) In this section— - “reference period” has the same meaning as in Part 1 of Schedule A1 (see paragraph 1(4)); - “relevant person” means a person falling within subsection (6)(a) or (c) of section 47I.

16

In section 105 (redundancy)—

• (a) after subsection (7B) insert—

(7BZA) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was— (a) the reason specified in subsection (1)(a) or (5) of section 104BA, (b) the reason specified in subsection (1)(b) of that section (read with subsection (2) of that section), or (c) the reason specified in subsection (3) of that section (read with subsection (4) of that section).

;

• (b) after subsection (7BZA) (inserted by paragraph (a)) insert—

(7BZB) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was— (a) the reason specified in subsection (1)(a) or (5) of section 104BB, (b) the reason specified in subsection (1)(b) of that section (read with subsection (2) of that section), or (c) the reason specified in subsection (3) of that section (read with subsection (4) of that section).

17

In section 108 (qualifying period of employment), in subsection (3)—

• (a) after paragraph (gh) insert—

(gha) any of the following provisions of section 104BA applies— (i) subsection (1)(a) or (5), (ii) subsection (1)(b) (read with subsection (2) of that section), or (iii) subsection (3) (read with subsection (4) of that section),

;

• (b) after paragraph (gha) (inserted by paragraph (a)) insert—

(ghb) any of the following provisions of section 104BB applies— (i) subsection (1)(a) or (5), (ii) subsection (1)(b) (read with subsection (2) of that section), or (iii) subsection (3) (read with subsection (4) of that section),

.

18

In section 184 (debts to which Part 12 of the Act (insolvency of employers) applies), in subsection (2), before paragraph (a) insert—

(za) a payment under section 27BP(1) or paragraph 22(1) of Schedule A1,

.

19

In section 192 (armed forces), in subsection (2)(e), after “103” insert “, 104BA, 104BB”.

20

• (1) Section 194 (House of Lords staff) is amended as follows.

• (2) After subsection (2)(a) insert—

(aza) Part 2A, apart from Chapter 1 of that Part,

.

• (3) In subsection (2)(c), for “and 47E” substitute “, 47E and 47H”.

21

• (1) Section 195 (House of Commons staff) is amended as follows.

• (2) After subsection (2)(a) insert—

(aza) Part 2A, apart from Chapter 1 of that Part,

.

• (3) In subsection (2)(c), for “and 47E” substitute “, 47E and 47H”.

22

• (1) Section 199 (mariners) is amended as follows.

• (2) In subsection (8), for paragraph (b) substitute—

(b) Part 2, (bza) Part 2A, apart from Chapter 1 of that Part, (bzb) Parts 2B, 3 and 5,

.

• (3) After subsection (8) insert—

(9) In the application of subsection (7) to the provisions mentioned in subsection (8)(bza), the reference in subsection (7)(b) to a contract of employment is to be read as a reference to a worker’s contract.

23

In section 200 (police officers), in subsection (1)—

• (a) after “8 to 10,” insert “Chapters 2 to 4 of Part 2A,”;

• (b) after “47C,” insert “47H,”.

24

• (1) Section 202 (national security restrictions on disclosure of information) is amended as follows.

• (2) In subsection (2), after paragraph (a) insert—

(aa) Chapters 2 to 6 of Part 2A (including Schedule A1),

.

• (3) In subsection (2)(b), for “and 47C” substitute “, 47C, 47H and 47I”.

• (4) In subsection (2)(g)(i)—

• (a) for “or 103” substitute “, 103, 104BA or 104BB”;

• (b) after “application” insert “in relation to rights conferred by Chapters 2 to 6 of Part 2A (including Schedule A1) or”.

• (5) In subsection (2)(g)(ii), for “or (6)” substitute “, (6), (7BZA) or (7BZB)”.

25

• (1) Section 205 (remedy for infringement of certain rights) is amended as follows.

• (2) In subsection (1), after “section 8,” insert “Chapters 2 to 4 of Part 2A,”.

• (3) After subsection (1A) insert—

(1B) In relation to the rights conferred by— (a) Chapters 2 to 4 of Part 2A, and (b) section 47H, the reference in subsection (1) to an employee has effect as a reference to a worker, read (where relevant) in accordance with section 27BJ(7) or 27BP(8) (as the case may be).

• (4) After subsection (2) insert—

(3) The remedy of an agency worker (within the meaning of Part 2A) for infringement of any of the rights conferred by Parts 1 to 3 of Schedule A1 and section 47I is, where provision is made for a complaint to an employment tribunal, by way of such a complaint and not otherwise.

26

• (1) Section 206 (institution or continuance of tribunal proceedings) is amended as follows.

• (2) In subsection (2), after paragraph (a) insert—

(aa) Chapters 2 to 6 of Part 2A (including Schedule A1),

.

• (3) After subsection (9) insert—

(10) In the application of this section and section 207 in relation to Chapter 2, 3 or 4 of Part 2A, or Chapter 6 of Part 2A so far as relating to Chapter 2 of that Part, references to an employee are to be read as if they were references to a worker within the meaning of the relevant Chapter of that Part. (11) In the application of this section and section 207 in relation to Chapter 3 or 4 of Part 2A, references to an employer are to be read as if they were references to an employer within the meaning of the relevant Chapter of that Part. (12) In the application of this section and section 207 in relation to Chapter 5 of Part 2A (including Schedule A1), or Chapter 6 of Part 2A so far as relating to Part 1 of Schedule A1— (a) references to an employer are to be read as if they were references to— (i) a hirer, or (ii) a work-finding agency, and (b) references to an employee are to be read as if they were references to an agency worker, within the meaning of Chapter 5 of Part 2A (including Schedule A1). (13) In the application of this section and section 207 in relation to section 47H— (a) references to an employer are to be read as if they were references to an employer within the meaning of that section; (b) references to an employee are to be read as if they were references to a worker within the meaning of that section. (14) In the application of this section and section 207 in relation to section 47I— (a) references to an employer are to be read as if they were references to a relevant person within the meaning of that section; (b) references to an employee are to be read as if they were references to an agency worker within the meaning of Part 2A.

27

In section 225 (calculation date for purposes of working out a week’s pay), before subsection (1) insert—

(A1) Where the calculation is for the purposes of section 27BI, the calculation date is— (a) where the complaint is under section 27BG(1), (2), (3) or (7), the latest day of the reference period to which the complaint relates on which the worker was employed by the employer under a worker’s contract; (b) where the complaint is under section 27BG(8)— (i) the date on which the complaint was presented to the employment tribunal, or (ii) if the worker was not employed by the employer under a worker’s contract on that date, the latest day before that date on which the worker was so employed. (B1) Where the calculation is for the purposes of section 27BI as applied by section 27BY(6)(a) in relation to a complaint under section 27BY(5), the calculation date is the latest day of the reference period to which the complaint relates on which the worker was employed by the employer under a worker’s contract.

28

In section 227 (maximum amount of week’s pay), in subsection (1), before paragraph (zza) insert—

(zzza) an award of compensation under section 27BI(1)(b),

.

29

In section 235 (definitions for purposes of the Act)—

• (a) in subsection (1), in paragraph (b) of the definition of “week”, after “86” insert “and paragraph 11 of Schedule A1”;

• (b) in subsection (2A) (definition of “limited-term contract”), after “contract of employment” insert “or other worker’s contract”;

• (c) in subsection (2B) (definition of “limiting event”), in the words before paragraph (a), after “contract of employment” insert “or other worker’s contract”.

30

In section 236 (orders and regulations), in subsection (3) (regulations subject to affirmative procedure)—

• (a) after “27B,” insert “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,”;

• (b) after “209,” insert “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,”.

Bankruptcy (Scotland) Act 2016

31

In the Bankruptcy (Scotland) Act 2016 (asp 21), in Schedule 3 (preferred debts), in paragraph 10(2)—

• (a) before paragraph (a) insert—

(za) a payment under section 27BP(1) of, or paragraph 22(1) of Schedule A1 to, the Employment Rights Act 1996 (payment for a cancelled, moved or curtailed shift),

;

• (b) in paragraph (a), for “the Employment Rights Act 1996” substitute “that Act”.

Schedule 3

Employment Rights Act 1996

1

• (1) The Employment Rights Act 1996 is amended as follows.

• (2) In section 92 (right to written statement of reasons for dismissal), in subsection (3), for “two years” substitute “six months”.

• (3) In section 108 (qualifying period of employment), in subsection (3)—

• (a) after paragraph (h) insert—

(ha) section 4(3)(b) of the Rehabilitation of Offenders Act 1974 (read with any order made under section 4(4) of that Act) applies,

;

• (b) omit paragraphs (k) and (o).

• (4) In section 117 (enforcement of order for reinstatement or re-engagement and compensation), in subsection (2), for “Subject to section 124, the” substitute “The”.

• (5) In section 118 (compensation: general), in subsection (1)(b), omit “124,”.

• (6) In section 123 (compensatory award), in subsection (1), omit “124,”.

• (7) In section 205A (employee shareholders), in subsection (10), for the words from “where” to the end substitute

where— (a) the dismissal is by reason of any requirement or recommendation that is referred to in section 64(2), or (b) the reason (or, if more than one, the principal reason) for the dismissal is, or relates to, the employee’s political opinions or affiliations.

• (8) In section 209 (powers to amend Act)—

• (a) in subsection (2)—

• (i) in paragraph (e), omit “section 124(1), (2) and (5),”;

• (ii) in paragraph (j), omit “, 124(2)”;

• (b) in subsection (5), omit “92(3),”.

• (9) In section 226 (rights on termination), in subsection (3), for “, 121 or 124” substitute “or 121”.

• (10) In section 236 (orders and regulations), in subsection (3), omit “124(2),”.

Employment Relations Act 1999

2

• (1) The Employment Relations Act 1999 is amended as follows.

• (2) In section 34 (indexation of amounts, etc)—

• (a) in subsection (1), omit paragraph (c);

• (b) omit subsections (4) to (4B).

• (3) In section 37, omit subsection (1).

Enterprise and Regulatory Reform Act 2013

3

In the Enterprise and Regulatory Reform Act 2013, omit section 15 (power to increase or decrease limit of compensatory award).

Coronavirus Act 2020

4

In Schedule 7 to the Coronavirus Act 2020, omit paragraph 17.

Power to make further consequential amendments

5

• (1) The provision that may be made under section 154 (power to make consequential amendments) by any regulations that amend a relevant provision in consequence of the repeal of section 124 of the Employment Rights Act 1996 by section 25(3) includes (among other things)—

• (a) provision amending section 34 of the Employment Relations Act 1999 for the purpose of applying that section to a relevant sum;

• (b) provision conferring power on the Secretary of State by regulations to vary a relevant limit, in the same manner and to the same extent as the power conferred by section 15 of the Enterprise and Regulatory Reform Act 2013 to vary the limit imposed by section 124(1) of the Employment Rights Act 1996 (but see sub-paragraph (4));

• (c) provision that is consequential on provision within paragraph (a) or (b).

• (2) For the purposes of this paragraph—

• (a) “relevant provision” means—

• (i) a provision listed in sub-paragraph (3), or

• (ii) any other provision that limits the amount of compensation payable by virtue of the provision by reference to the limit imposed by section 124 of the Employment Rights Act 1996;

• (b) “relevant sum” means a sum specified in a relevant provision, in consequence of the repeal of that section, for the purposes of limiting the amount of compensation payable by virtue of the provision;

• (c) “relevant limit” means a limit on the amount of compensation payable by virtue of a relevant provision that is specified in the provision in consequence of that repeal;

• (d) the reference in sub-paragraph (1)(b) to section 15 of the Enterprise and Regulatory Reform Act 2013 is a reference to that section as it had effect immediately before the coming into force of paragraph 3.

• (3) The provisions referred to in sub-paragraph (2)(a)(i) (each of which limits the amount of compensation payable by virtue of the provision by reference to the limit imposed by section 124 of the Employment Rights Act 1996) are—

• (a) section 67 of the Trade Union and Labour Relations (Consolidation) Act 1992 (right not to be unjustifiably disciplined by trade union: remedies for infringement);

• (b) section 140 of that Act (remedies for refusal of employment, etc on grounds related to union membership);

• (c) section 176 of that Act (right not to be excluded or expelled from trade union: remedies);

• (d) paragraph 160 of Schedule A1 to that Act (trade union recognition: enforcement of right not to be subjected to detriment);

• (e) section 49 of the Employment Rights Act 1996 (protection from suffering detriment in employment: remedies), so far as relating to subsection (5A), (7), (7A) or (7B) of that section;

• (f) section 24 of the National Minimum Wage Act 1998 (enforcement of right not to be subjected to detriment), so far as relating to employment tribunals in Great Britain;

• (g) section 56 of the Pensions Act 2008 (pension scheme membership: enforcement of right not to be subjected to detriment);

• (h) regulation 4 of the Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 (S.I. 2015/2021) (enforcement of right not to be subjected to detriment);

• (i) regulation 9 of the Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022 (S.I. 2022/1145) (enforcement of right not to be subjected to detriment).

• (4) The power that may be conferred by provision made by virtue of sub-paragraph (1)(b) includes power to specify different amounts in relation to different descriptions of persons by whom compensation is payable by virtue of a relevant provision.

• (5) The power to make regulations under section 154 is to be regarded as including power to make provision amending section 49(7A) or (7B) of the Employment Rights Act 1996, as inserted by paragraph 13 of Schedule 2, in consequence of the repeal of section 124 of the Employment Rights Act 1996 regardless of whether that repeal comes into force before or after the day on which that paragraph is brought into force for any purpose.

Schedule 4

The School Support Staff Negotiating Body

1

In the Education Act 2002, after Part 8 insert—

(148A) (1) There is to be an unincorporated body of persons known as the School Support Staff Negotiating Body (“the SSSNB”). (2) The SSSNB has the functions conferred on it by this Part. (3) Schedule 12A makes further provision about the SSSNB. (148B) (1) For the purposes of this Part, the matters within the SSSNB’s remit are matters relating to the following— (a) the remuneration of school support staff; (b) terms and conditions of employment of school support staff; (c) the training of school support staff; (d) career progression for school support staff. (2) The Secretary of State may by regulations provide that, for the purposes of subsection (1)— (a) a payment or entitlement of a prescribed kind is, or is not, to be treated as remuneration; (b) a prescribed matter is, or is not, to be treated as relating to terms and conditions of employment of school support staff; (c) a prescribed matter is, or is not, to be treated as relating to the training of school support staff; (d) a prescribed matter is, or is not, to be treated as relating to career progression for school support staff. (148C) (1) This section has effect for the purposes of this Part. (2) “School support staff” means persons who meet the conditions in subsections (3) and (4). (3) The condition in this subsection is that the person— (a) is employed by a local authority in England, or the governing body of a school maintained by a local authority in England, under a contract of employment providing for the person to work wholly at one or more schools maintained by a local authority in England, or (b) is employed by the proprietor of an Academy under a contract of employment which— (i) provides for the person to work wholly at one or more Academies, or (ii) provides for the person to carry out work of a prescribed description for the purposes of one or more Academies. (4) The condition in this subsection is that the person is not— (a) a school teacher, or (b) a person of a prescribed description. (5) In this section “school teacher” means— (a) a person who is a school teacher for the purposes of section 122, or (b) a qualified teacher who is employed by the proprietor of an Academy to work as a teacher. (148D) (1) The Secretary of State may refer a matter within the SSSNB’s remit to the SSSNB for consideration by it. (2) For provision about referrals of matters relating to— (a) the remuneration of school support staff, or (b) terms and conditions of employment of school support staff, see section 148E (and sections 148H to 148J). (3) For provision about referrals of matters relating to the training or career progression of school support staff, see section 148F. (148E) (1) This section applies if the Secretary of State refers a matter to the SSSNB under section 148D that relates to— (a) the remuneration of school support staff, or (b) terms and conditions of employment of school support staff. (2) The Secretary of State may specify— (a) factors to which the SSSNB must have regard in considering the matter; (b) a date by which the SSSNB must comply with subsection (4). (3) The SSSNB must consider the matter, having regard to any factors specified under subsection (2)(a). (4) When it has considered the matter, the SSSNB must— (a) if it has reached an agreement about the matter, submit the agreement to the Secretary of State; (b) if it has been unable to reach an agreement about the matter, notify the Secretary of State of that fact. (5) If the Secretary of State specifies a date under subsection (2)(b), the SSSNB must comply with subsection (4) no later than that date. (6) The Secretary of State may, at any time before the SSSNB has complied with subsection (4) in relation to a matter— (a) withdraw or vary the reference of the matter; (b) if factors have been specified under paragraph (a) of subsection (2), withdraw or vary those factors, or specify further factors under that paragraph; (c) if a date has been specified under paragraph (b) of subsection (2), specify a later date under that paragraph. (148F) (1) This section applies if the Secretary of State refers a matter to the SSSNB under section 148D that relates to the training or career progression of school support staff. (2) The Secretary of State may specify— (a) factors to which the SSSNB must have regard in considering the matter; (b) a date by which the SSSNB must comply with subsection (4). (3) The SSSNB must consider the matter, having regard to any factors specified under subsection (2)(a). (4) When it has considered the matter, the SSSNB must submit a report about the matter (including any recommendations it makes about the matter) to the Secretary of State. (5) If the Secretary of State specifies a date under subsection (2)(b), the SSSNB must comply with subsection (4) no later than that date. (6) The Secretary of State may, at any time before the SSSNB has complied with subsection (4) in relation to a matter— (a) withdraw or vary the reference of the matter; (b) if factors have been specified under paragraph (a) of subsection (2), withdraw or vary those factors, or specify further factors under that paragraph; (c) if a date has been specified under paragraph (b) of subsection (2), specify a later date under that paragraph. (148G) (1) The SSSNB may, with the agreement of the Secretary of State, consider a matter within its remit, even if the matter has not been referred to it by the Secretary of State under section 148D. (2) If— (a) the matter relates to the remuneration of school support staff, or terms and conditions of employment of school support staff, and (b) the SSSNB reaches an agreement about the matter, it may submit the agreement to the Secretary of State. (3) If the matter relates to training or career progression of school support staff, the SSSNB may submit a report about the matter (including any recommendations it makes about the matter) to the Secretary of State. (148H) (1) This section applies if the SSSNB submits an agreement to the Secretary of State under section 148E(4)(a) or 148G(2). (2) The Secretary of State may— (a) make regulations ratifying the agreement (see section 148M), or (b) if the Secretary of State thinks that it would be inappropriate to make regulations ratifying the agreement, refer the agreement back to the SSSNB for reconsideration (see section 148I). (3) Regulations under subsection (2)(a) may ratify the agreement— (a) in full, or (b) to the extent prescribed in the regulations. (148I) (1) This section applies if, under section 148H(2)(b) or section 148J(2)(b), the Secretary of State refers an agreement back to the SSSNB for reconsideration. (2) The Secretary of State may specify— (a) factors to which the SSSNB must have regard in the reconsideration; (b) a date by which the SSSNB must comply with subsection (4). (3) The SSSNB must reconsider the agreement, having regard to any factors specified under subsection (2)(a). (4) After completing its reconsideration, the SSSNB must— (a) if it has agreed revisions to the agreement, submit to the Secretary of State a new version of the agreement incorporating the revisions; (b) if it has not agreed revisions to the agreement, submit the existing version of the agreement to the Secretary of State. (5) If the Secretary of State specifies a date under subsection (2)(b), the SSSNB must comply with subsection (4) no later than that date. (6) The Secretary of State may, at any time before the SSSNB has complied with subsection (4) in relation to an agreement referred back to it for reconsideration— (a) withdraw the reference of the agreement; (b) if factors have been specified under paragraph (a) of subsection (2), withdraw or vary those factors, or specify further factors under that paragraph; (c) if a date has been specified under paragraph (b) of subsection (2), specify a later date under that paragraph. (148J) (1) This section applies if the SSSNB submits an agreement about a matter to the Secretary of State under section 148I. (2) The Secretary of State may— (a) make regulations ratifying the agreement— (i) in full, or (ii) to the extent prescribed in the regulations; (b) refer the agreement back to the SSSNB for reconsideration (see section 148I); (c) make regulations requiring prescribed persons to have regard to the agreement in exercising prescribed functions; (d) by regulations make provision, in relation to a matter to which the agreement relates, otherwise than in the terms of the agreement (see section 148N). This is subject to subsections (3) and (4). (3) The Secretary of State may refer an agreement about a matter back to the SSSNB for reconsideration only if it appears to the Secretary of State that the condition in subsection (5) is met. (4) The Secretary of State may make regulations under subsection (2)(d) in relation to a matter only if it appears to the Secretary of State that— (a) the condition in subsection (5) is met, and (b) there is an urgent need to make provision in relation to the matter. (5) The condition is that one or more of the following applies— (a) the agreement does not properly address the matter; (b) it is not practicable to implement the agreement; (c) the SSSNB failed in reconsidering the agreement to have regard to factors specified under section 148I(2)(a). (148K) (1) Subsection (2) applies if— (a) the SSSNB notifies the Secretary of State under section 148E(4)(b) that it has been unable to reach an agreement on a matter referred to it, or (b) the SSSNB fails to comply with section 148E(4) in relation to a matter by any date specified under section 148E(2)(b). (2) The Secretary of State may— (a) if a date has been specified under paragraph (b) of section 148E(2) in relation to the matter, specify a later date under that paragraph, or (b) if it appears to the Secretary of State that there is an urgent need to do so, by regulations make provision in relation to the matter (see section 148N). (3) Subsection (4) applies if the SSSNB fails to comply with section 148I(4) in relation to an agreement by any date specified under section 148I(2)(b). (4) The Secretary of State may— (a) if a date has been specified under paragraph (b) of section 148I(2) in relation to the SSSNB’s reconsideration of the agreement, specify a later date under that paragraph, or (b) if it appears to the Secretary of State that there is an urgent need to do so, by regulations make provision in relation to a matter to which the agreement relates (see section 148N). (5) Before making any regulations under subsection (2)(b) or (4)(b), the Secretary of State must consult the SSSNB. (148L) (1) This section applies if the SSSNB fails to comply with section 148F(4) in relation to a matter by any date specified under section 148F(2)(b). (2) The Secretary of State may— (a) specify a later date under section 148F(2)(b), or (b) if it appears to the Secretary of State appropriate to do so, issue guidance under section 148P in relation to the matter without waiting for the SSSNB to submit a report about it. (148M) (1) This section applies if the Secretary of State makes regulations ratifying (to any extent) an agreement submitted by the SSSNB. (2) If the agreement relates to a person’s remuneration, the person’s remuneration is to be determined and paid in accordance with the agreement. (3) A provision of the agreement that relates to any other term or condition of a person’s employment has effect as a term of the person’s contract of employment. (4) A term of the person’s contract of employment has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the agreement. (5) Where the person is employed by the proprietor of an Academy, any provision of the Academy arrangements relating to the Academy has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the agreement. (6) Subsections (2) to (5)— (a) do not apply in relation to a term or condition of a person’s employment if, and to the extent that, giving effect to the agreement would alter the term or condition to the person’s detriment; (b) do not prevent the terms and conditions of a person’s employment from including a term or condition that is more favourable to the person than that which would otherwise have effect by virtue of those subsections. (148N) (1) This section applies if the Secretary of State makes regulations under section 148J(2)(d) or 148K(2)(b) or (4)(b). (2) The regulations must either— (a) require prescribed persons, in exercising prescribed functions, to have regard to the regulations, or (b) provide that the regulations are to have effect for determining the terms and conditions of employment of persons to whom the regulations apply. (3) If the regulations make provision within subsection (2)(b), subsections (4) to (7) apply (but see subsection (8)). (4) If the regulations relate to a person’s remuneration, the person’s remuneration is to be determined and paid in accordance with the regulations. (5) A provision of the regulations that relates to any other term or condition of a person’s employment has effect as a term of the person’s contract of employment. (6) A term of the person’s contract of employment has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the regulations. (7) Where the person is employed by the proprietor of an Academy, any provision of the Academy arrangements relating to the Academy has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the regulations. (8) Subsections (4) to (7)— (a) do not apply in relation to a term or condition of a person’s employment if, and to the extent that, giving effect to the regulations would alter the term or condition to the person’s detriment; (b) do not prevent the terms and conditions of a person’s employment from including a term or condition that is more favourable to the person than that which would otherwise have effect by virtue of those subsections. (148O) (1) Regulations under this Part may make provision that has retrospective effect. (2) Regulations under this Part may make provision by reference to— (a) an agreement submitted to the Secretary of State by the SSSNB, or (b) any other document. (3) If regulations under this Part make provision by virtue of subsection (2), they must include provision about the publication of the agreement or other document. (4) A reference in section 148N(4) to (8) to regulations under section 148J(2)(d) or 148K(2)(b) or (4)(b), or to a provision of such regulations, includes a reference to a provision of a document referred to by such regulations. (148P) (1) The SSSNB may, with the approval of the Secretary of State, issue guidance relating to— (a) an agreement that has been ratified by regulations under this Part; (b) an agreement to which regulations under section 148J(2)(c) require persons to have regard. (2) The Secretary of State may issue guidance relating to— (a) an agreement that has been ratified by regulations under this Part; (b) an agreement to which regulations under section 148J(2)(c) require persons to have regard; (c) regulations made under section 148J(2)(d) or 148K(2)(b) or (4)(b); (d) any matter relating to training or career progression of school support staff (but see subsection (3)). (3) The Secretary of State may issue guidance under subsection (2)(d) about a matter only if— (a) the SSSNB has submitted a report about the matter to the Secretary of State under section 148F(4) or 148G(3), and (b) the Secretary of State has had regard to the report and any recommendations it makes. This is subject to section 148L (power to issue guidance where the SSSNB fails to submit a report by the specified date). (4) In exercising functions in respect of school support staff, each of the following is to have regard to guidance issued under this section— (a) a local authority in England; (b) the governing body of a school maintained by a local authority in England; (c) the proprietor of an Academy. (148Q) (1) Nothing done by the SSSNB, or by members of the SSSNB acting in that capacity, is to be regarded as collective bargaining for the purposes of section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992. (2) Accordingly, any reference to a collective agreement within the meaning of that Act does not include an agreement which the SSSNB reaches under this Part. (148R) (1) In this Part— - “Academy” and “Academy arrangements” have the same meaning as in the Academies Act 2010 (but see subsection (2)); - “contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996; - “school maintained by a local authority” means any of the following— a community, foundation or voluntary school; a community or foundation special school; a maintained nursery school; a pupil referral unit; - “school support staff” has the meaning given by section 148C; - “the SSSNB” means the School Support Staff Negotiating Body. (2) In this Part— (a) a reference to an Academy includes a reference to a city technology college and a city college for the technology of the arts, and (b) a reference to Academy arrangements includes a reference to an agreement under section 482 of the Education Act 1996. (3) Any reference in this Part to an agreement that has been ratified is, in a case where the agreement is ratified in part, a reference to so much of the agreement as has been ratified.

2

In the Education Act 2002, after Schedule 12 insert—

Schedule 12A (1) (1) The SSSNB is to be constituted in accordance with arrangements made by the Secretary of State. (2) Before making or revising arrangements under sub-paragraph (1), the Secretary of State must consult— (a) the prescribed school support staff organisations, and (b) the prescribed school support staff employer organisations. (3) References in this Schedule to the SSSNB’s constitutional arrangements are to arrangements made under sub-paragraph (1). (4) References in this Schedule to the prescribed organisations are to the organisations prescribed under sub-paragraph (2). (5) Before making any regulations prescribing an organisation under sub-paragraph (2)(a), the Secretary of State must consult the Trades Union Congress. (2) (1) The SSSNB’s constitutional arrangements must provide for the members of the SSSNB to include persons representing the interests of— (a) the prescribed organisations; (b) the Secretary of State. (2) The arrangements may also provide for the members of the SSSNB to include other persons who do not represent the interests of— (a) school support staff organisations, or (b) school support staff employer organisations. (3) (1) The SSSNB’s constitutional arrangements must provide for the members of the SSSNB to include a person appointed to chair the SSSNB. (2) The arrangements must provide for that person to be a person who, in the opinion of the Secretary of State, does not represent the interests of— (a) a school support staff organisation, (b) a school support staff employer organisation, (c) the Secretary of State, or (d) any other person or organisation represented on the SSSNB. (4) (1) The SSSNB’s constitutional arrangements may not provide for a member of the SSSNB to be entitled to vote in respect of its proceedings unless the member is a person representing the interests of any of the prescribed organisations. (2) Subject to sub-paragraph (1), the arrangements may make provision about the proceedings of the SSSNB (including provision allowing the SSSNB to determine its own proceedings). (5) The SSSNB’s constitutional arrangements may make provision about the provision of administrative support by the Secretary of State to the SSSNB. (6) (1) The SSSNB’s constitutional arrangements must provide for the SSSNB to prepare a report, in respect of each successive period of 12 months beginning with the day on which it is established, about the performance of its functions in that period. (2) The arrangements may— (a) require the SSSNB to send copies of the report to specified persons; (b) require the SSSNB otherwise to publish the report in a specified manner. In this sub-paragraph “specified” means specified in the arrangements. (7) The SSSNB’s constitutional arrangements may make provision about— (a) the payment of fees by the Secretary of State to the person appointed to chair the SSSNB; (b) the payment by the Secretary of State of expenses incurred by the SSSNB. (8) In this Schedule— - “school support staff organisation” means an organisation that, in the opinion of the Secretary of State, represents the interests of school support staff; - “school support staff employer organisation” means an organisation that, in the opinion of the Secretary of State, represents the interests of employers of school support staff.

Consequential amendments

3

In the House of Commons Disqualification Act 1975, in Part 3 of Schedule 1 (other disqualifying offices), at the appropriate place insert—

• Person appointed to chair the School Support Staff Negotiating Body.

4

In Schedule 2 to the Education Act 2002 (effect on staffing of suspension of delegated budget)—

• (a) after paragraph 10 insert—

(10A) Paragraph 8 has effect subject to— (a) any provision made by regulations under section 148H(2)(a) or 148J(2)(a); (b) any provision made by regulations under section 148J(2)(d) or 148K(2)(b) or (4)(b), where the regulations provide that they are to have effect for determining the terms and conditions of employment of persons to whom they apply.

;

• (b) omit paragraph 11.

Pre-commencement consultation

5

If, before the coming into force of paragraph 2 (which inserts Schedule 12A to the Education Act 2002), any consultation takes place which would have satisfied the requirement for consultation under paragraph 1(5) of that Schedule to any extent if it had been in force, that requirement is to be taken as having been satisfied to that extent.

Schedule 5

Amendment of Seafarers’ Wages Act 2023

1

The Seafarers’ Wages Act 2023 (“the Act”) is amended in accordance with paragraphs 2 to 23.

Part 1 of the Act: relevant services

2

For the italic heading before section 1 substitute—

.

3

In section 1 (services to which this Act applies)—

• (a) for the heading substitute “Relevant services”;

• (b) in subsection (1), for “This Act applies to” substitute “In this Act, “relevant service” means”;

• (c) in subsection (2), for “this Act does not apply to” substitute ““relevant service” does not include”;

• (d) for subsection (4) substitute—

(4) In this Act, “ship”— (a) includes— (i) any kind of vessel used in navigation, and (ii) hovercraft; (b) includes a ship which is registered in a State other than the United Kingdom.

Chapter 1 of Part 2 of the Act: non-qualifying seafarers

4

After section 1 insert—

.

5

In section 2 (non-qualifying seafarers), in paragraph (a), for “service to which this Act applies” substitute “relevant service”.

Chapter 2 of Part 2 of the Act: national minimum wage equivalence declarations

6

For the italic heading before section 3 substitute—

.

7

In section 3 (request for declaration)—

• (a) in the heading, after “for” insert “equivalence”;

• (b) in subsection (1)—

• (i) for “Act applies” substitute “Chapter applies (see subsection (4A))”;

• (ii) at the end insert “(see section 19 for the meaning of “relevant year”)”;

• (c) after subsection (4) insert—

(4A) This Chapter applies to a relevant service, subject to provision made by remuneration regulations in reliance on section 4A(6).

;

• (d) omit subsections (5) and (6).

8

In section 4 (nature of declaration)—

• (a) in the heading, after “of” insert “equivalence”;

• (b) after subsection (5) insert—

(5A) For the meaning of “UK work”, see section 19. (5B) For the meaning of “national minimum wage equivalent”, see section 4D(1).

;

• (c) omit subsections (6) to (10).

National Minimum Wage Act 1998

9

After section 4 insert—

(4A) (1) Regulations may specify requirements relating to the remuneration of non-qualifying seafarers in respect of their work carried out in relation to the provision of a relevant service (whether or not in the territorial waters of the United Kingdom). (2) In this Act, regulations under subsection (1) are referred to as “remuneration regulations”. (3) Remuneration regulations may relate to remuneration in respect of only some of the work carried out in relation to the provision of a relevant service, and may frame such provision by reference to the waters in which the work is carried out or in any other way. (4) Remuneration regulations may apply to— (a) all relevant services, or (b) one or more relevant services of a specified description. (5) For the purposes of subsection (4)(b), a service may be described by reference to (among other things) the route operated by the service. (6) Remuneration regulations may provide that Chapter 2 does not apply to any extent to a relevant service to which the regulations apply. (4B) (1) Subsection (2) applies where a harbour authority has reasonable grounds to believe that ships providing a service to which remuneration regulations apply will enter, or have entered, its harbour on at least— (a) 120 occasions, or (b) if remuneration regulations specify a higher number in relation to services of a specified description and the service is of that description, that higher number of occasions, during a relevant year (see section 19 for the meaning of “relevant year”). (2) The harbour authority must, within such period as is determined by regulations under this subsection, request that the operator of the service provide the authority with a remuneration declaration in respect of the service for the relevant year. (3) The duty under subsection (2) is subject to any direction given by the Secretary of State under section 16(1)(a). (4) A harbour authority which fails to comply with subsection (2) is guilty of an offence and liable on summary conviction— (a) in England and Wales, to a fine, or (b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale. (4C) (1) A remuneration declaration in respect of a service for a relevant year is a declaration within any of subsections (2) to (5). (2) A declaration is within this subsection if it is provided before the beginning of the relevant year and it is to the effect that— (a) in the relevant year there will be no non-qualifying seafarers working on ships providing the service, or (b) in the relevant year non-qualifying seafarers working on ships providing the service will be remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them. (3) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that— (a) in what remains of the relevant year there will be no non-qualifying seafarers working on ships providing the service, or (b) in what remains of the relevant year non-qualifying seafarers working on ships providing the service will be remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them. (4) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that— (a) in so much of the relevant year as has already occurred— (i) there have been no non-qualifying seafarers working on ships providing the service, or (ii) non-qualifying seafarers working on ships providing the service have been remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them, and (b) in what remains of the relevant year— (i) there will be no non-qualifying seafarers working on ships providing the service, or (ii) non-qualifying seafarers working on ships providing the service will be remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them. (5) A declaration is within this subsection if it is provided after the end of the relevant year and it is to the effect that— (a) in the relevant year there were no non-qualifying seafarers working on ships providing the service, or (b) in the relevant year non-qualifying seafarers working on ships providing the service were remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them. (4D) (1) For the purposes of this Part, the national minimum wage equivalent is an hourly rate specified in regulations. (2) Regulations may make provision for determining for the purposes of this Part— (a) the hourly rate at which a non-qualifying seafarer is remunerated in any period in respect of any work, and (b) whether, or the extent to which, a non-qualifying seafarer’s work in relation to a relevant service is UK work. (3) Regulations under subsection (2)(a) may in particular make— (a) any provision referred to in section 2(2) to (6) of the National Minimum Wage Act 1998; (b) provision relating to currency conversion. (4) Subsection (5) applies for the purposes of— (a) section 4, and (b) remuneration regulations that are framed by reference to the national minimum wage equivalent. (5) The Secretary of State must in making regulations under this section seek to secure that a non-qualifying seafarer is remunerated at a rate equal to the national minimum wage equivalent only if their remuneration is in all the circumstances broadly equivalent to the remuneration they would receive if they qualified for the national minimum wage.

Part 3 of the Act: seafarers’ working conditions

10

After section 4D (inserted by paragraph 9 of this Schedule) insert—