Employment Rights Act 1996

1996 CHAPTER 18

22nd May 1996

Introductory Text
An Act to consolidate enactments relating to employment rights.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 

Part I Employment particulars
Right to statements of employment particulars

1. Statement of initial employment particulars.
2. Statement of initial particulars: supplementary.
3. Note about disciplinary procedures and pensions.
4. Statement of changes.
5. Exclusion from rights to statements.
6. Reasonably accessible document or collective agreement.
7. Power to require particulars of further matters.
7A. Use of alternative documents to give particulars
7B. Giving of alternative documents before start of employment
Right to itemised pay statement
8. Itemised pay statement.
9. Standing statement of fixed deductions.
10. Power to amend provisions about pay and standing statements.
11. References to employment tribunals.
12. Determination of references.
Part II Protection of wages
Deductions by employer

13. Right not to suffer unauthorised deductions.
14. Excepted deductions.
Payments to employer
15. Right not to have to make payments to employer.
16. Excepted payments.
Cash shortages and stock deficiencies in retail employment
17. Introductory.
18. Limits on amount and time of deductions.
19. Wages determined by reference to shortages etc.
20. Limits on method and timing of payments.
21. Limit on amount of payments.
22. Final instalments of wages.
23. Complaints to employment tribunals.
24. Determination of complaints.
25. Determinations: supplementary.
26. Complaints and other remedies.
27. Meaning of “wages” etc.
Part III Guarantee payments
28. Right to guarantee payment.
29. Exclusions from right to guarantee payment.
30. Calculation of guarantee payment.
31. Limits on amount of and entitlement to guarantee payment.
32. Contractual remuneration.
33. Power to modify provisions about guarantee payments.
34. Complaints to employment tribunals.
35. Exemption orders.
Part IV Sunday working for shop and betting workers
Protected shop workers and betting workers
36. Protected shop workers and betting workers.
37. Contractual requirements relating to Sunday work.
38. Contracts with guaranteed hours.
39. Reduction of pay etc.
Opting-out of Sunday work
40. Notice of objection to Sunday working.
41. Opted-out shop workers and betting workers.
42. Explanatory statement.
43. Contractual requirements relating to Sunday work.
Part IVA Protected disclosures
43A. Meaning of “protected disclosure”.
43B. Disclosures qualifying for protection.
43C. Disclosure to employer or other responsible person.
43D. Disclosure to legal adviser.
43E. Disclosure to Minister of the Crown.
43F. Disclosure to prescribed person.
43G. Disclosure in other cases.
43H. Disclosure of exceptionally serious failure.
43J. Contractual duties of confidentiality.
43K. Extension of meaning of “worker” etc. for Part IVA.
43KA. Application of this Part and related provisions to police
43L. Other interpretative provisions.
Part V Protection from suffering detriment in employment
Rights not to suffer detriment
43M.Jury service
44. Health and safety cases.
45. Sunday working for shop and betting workers.
45A. Working time cases.
46. Trustees of occupational pension schemes.
47. Employee representatives.
47A. Employees exercising right to time off work for study or training.
47AA.Employees in England aged 16 or 17 participating in education or training
47B. Protected disclosures.
47C. Leave for family and domestic reasons.
47D. Tax credits
47E. Flexible working
47F.Study and training
48. Complaints to employment tribunals.
49. Remedies.
Application to police of rights relating to health and safety
49A. Application to police of section 44 and related provisions.
Part VI Time off work
Public duties

50. Right to time off for public duties.
51. Complaints to employment tribunals.
Looking for work and making arrangements for training
52. Right to time off to look for work or arrange training.
53. Right to remuneration for time off under section 52.
54. Complaints to employment tribunals.
Ante-natal care
55. Right to time off for ante-natal care.
56. Right to remuneration for time off under section 55.
57. Complaints to employment tribunals.
57A. Time off for dependants.
57B. Complaint to employment tribunal.
Occupational pension scheme trustees
58. Right to time off for pension scheme trustees.
59. Right to payment for time off under section 58.
60. Complaints to employment tribunals.
Employee representatives
61. Right to time off for employee representatives.
62. Right to remuneration for time off under section 61.
63. Complaints to employment tribunals.
63A. Right to time off for young person for study or training.
63B. Right to remuneration for time off under section 63A.
63C. Complaints to employment tribunals.
Part 6A Study and training
63D.Statutory right to make request in relation to study or training
63E.Section 63D application: supplementary
63F.Employer's duties in relation to application
63G.Regulations about dealing with applications
63H.Employee's duties in relation to agreed study or training
63I.Complaints to employment tribunals
Part VII Suspension from work
Suspension on medical grounds
64. Right to remuneration on suspension on medical grounds.
65. Exclusions from right to remuneration.
Suspension on maternity grounds
66. Meaning of suspension on maternity grounds.
67. Right to offer of alternative work.
68. Right to remuneration.
69. Calculation of remuneration.
70. Complaints to employment tribunals.

71.(1) An employee may, provided that she satisfies any conditions...
72. Compulsory maternity leave.
73. Additional maternity leave.
74. Redundancy and dismissal.
75. Sections 71 to 73: supplemental.
Chapter 1A Adoption leave
75A. Ordinary adoption leave
75B. Additional adoption leave
75C. Redundancy and dismissal
75D. Chapter 1A: supplemental
76. Entitlement to parental leave.
77. Rights during and after parental leave.
78. Special cases.
79. Supplemental.
80. Complaint to employment tribunal.
Chapter 3 Paternity leave
80A. Entitlement to paternity leave: birth
80AA.Entitlement to additional paternity leave: birth
80B. Entitlement to paternity leave: adoption
80BB.Entitlement to additional paternity leave: adoption
80C. Rights during and after paternity leave
80D. Special cases
80E. Chapter 3: supplemental
Part 8A Flexible working
80F. Statutory right to request contract variation
80G. Employer’s duties in relation to application under section 80F
80H. Complaints to employment tribunals
80I. Remedies
Part IX Termination of employment
Minimum period of notice

86. Rights of employer and employee to minimum notice.
87. Rights of employee in period of notice.
88. Employments with normal working hours.
89. Employments without normal working hours.
90. Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
91. Supplementary.
Written statement of reasons for dismissal
92. Right to written statement of reasons for dismissal.
93. Complaints to employment tribunal.
Part X Unfair dismissal
Chapter I Right not to be unfairly dismissed
The right

94. The right.
95. Circumstances in which an employee is dismissed.
96. Failure to permit return after childbirth treated as dismissal.
97. Effective date of termination.
98. General.
99. Leave for family reasons.
100. Health and safety cases.
101. Shop workers and betting workers who refuse Sunday work.
101A. Working time cases.
102. Trustees of occupational pension schemes.
103. Employee representatives.
103A. Protected disclosure.
104. Assertion of statutory right.
104A. The national minimum wage.
104B. Tax credits
105. Redundancy.
106. Replacements.
107. Pressure on employer to dismiss unfairly.
98ZA.No normal retirement age: dismissal before 65
98ZB.No normal retirement age: dismissal at or after 65
98ZC.Normal retirement age: dismissal before retirement age
98ZD.Normal retirement age 65 or higher: dismissal at or after retirement age
98ZE.Normal retirement age below 65: dismissal at or after retirement age
98ZF.Reason for dismissal: particular matters
98ZG.Retirement dismissals: fairness
Other dismissals
98A. Procedural fairness
98B.Jury service
99. Leave for family reasons.
100. Health and safety cases.
101. Shop workers and betting workers who refuse Sunday work.
101A. Working time cases.
101B.Participation in education or training
102. Trustees of occupational pension schemes.
103. Employee representatives.
103A. Protected disclosure.
104. Assertion of statutory right.
104A. The national minimum wage.
104B. Tax credits
104C. Flexible working
104D.Pension enrolment
104E.Study and training
105. Redundancy.
106. Replacements.
107. Pressure on employer to dismiss unfairly.
Exclusion of right
108. Qualifying period of employment.
109. Upper age limit.
110. Dismissal procedures agreements.
Chapter II Remedies for unfair dismissal

111. Complaints to employment tribunal.
112. The remedies: orders and compensation.
Orders for reinstatement or re-engagement
113. The orders.
114. Order for reinstatement.
115. Order for re-engagement.
116. Choice of order and its terms.
117. Enforcement of order and compensation.
118. General.
119. Basic award.
120. Basic award: minimum in certain cases.
121. Basic award of two weeks’ pay in certain cases.
122. Basic award: reductions.
123. Compensatory award.
124. Limit of compensatory award etc.
124A. Adjustments under the Employment Act 2002
125. Special award.
126. Acts which are both unfair dismissal and discrimination.
127. Dismissal of woman at or after end of maternity leave period.
127A. Internal appeal procedures.
127B. Dismissal as a result of protected disclosure.
Interim relief
128. Interim relief pending determination of complaint.
129. Procedure on hearing of application and making of order.
130. Order for continuation of contract of employment.
131. Application for variation or revocation of order.
132. Consequence of failure to comply with order.
Chapter III Supplementary
133. Death of employer or employee.
134. Teachers in aided schools.
134A. Application to police.
Part XI Redundancy payments etc.
Chapter I Right to redundancy payment

135. The right.
Chapter II Right on dismissal by reason of redundancy
Dismissal by reason of redundancy

136. Circumstances in which an employee is dismissed.
137. Failure to permit return after childbirth treated as dismissal.
138. No dismissal in cases of renewal of contract or re-engagement.
139. Redundancy.
140. Summary dismissal.
141. Renewal of contract or re-engagement.
142. Employee anticipating expiry of employer’s notice.
143. Strike during currency of employer’s notice.
144. Provisions supplementary to section 143.
145. The relevant date.
146. Provisions supplementing sections 138 and 141.
Chapter III Right by reason of lay-off or short-time
Lay-off and short-time

147. Meaning of “lay-off” and “short-time”.
148. Eligibility by reason of lay-off or short-time.
149. Counter-notices.
150. Resignation.
151. Dismissal.
152. Likelihood of full employment.
153. The relevant date.
154. Provisions supplementing sections 148 and 152.
Chapter IV General exclusions from right
155. Qualifying period of employment.
156. Upper age limit.
157. Exemption orders.
158. Pension rights.
159. Public offices etc.
160. Overseas government employment.
161. Domestic servants.
Chapter V Other provisions about redundancy payments
162. Amount of a redundancy payment.
163. References to employment tribunals.
164. Claims for redundancy payment.
165. Written particulars of redundancy payment.
Chapter VI Payments by Secretary of State
166. Applications for payments.
167. Making of payments.
168. Amount of payments.
169. Information relating to applications for payments.
170. References to employment tribunals.
Chapter VII Supplementary
Application of Part to particular cases

171. Employment not under contract of employment.
172. Termination of employment by statute.
173. Employees paid by person other than employer.
Death of employer or employee
174. Death of employer: dismissal.
175. Death of employer: lay-off and short-time.
176. Death of employee.
Equivalent payments
177. References to employment tribunals.
Other supplementary provisions
178. Old statutory compensation schemes.
179. Notices.
180. Offences.
181. Interpretation.
Part XII Insolvency of employers
182. Employee’s rights on insolvency of employer.
183. Insolvency.
184. Debts to which Part applies.
185. The appropriate date.
186. Limit on amount payable under section 182.
187. Role of relevant officer.
188. Complaints to employment tribunals.
189. Transfer to Secretary of State of rights and remedies.
190. Power to obtain information.
Part XIII Miscellaneous
Chapter I Particular types of employment
Crown employment etc.

191. Crown employment.
192. Armed forces.
193. National security.
Parliamentary staff
194. House of Lords staff.
195. House of Commons staff.
Excluded classes of employment
196. Employment outside Great Britain.
197. Fixed-term contracts.
198. Short-term employment.
199. Mariners.
200. Police officers.
Offshore employment
201. Power to extend employment legislation to offshore employment.
Chapter II Other miscellaneous matters
Restrictions on disclosure of information

202. National security.
Contracting out etc. and remedies
203. Restrictions on contracting out.
204. Law governing employment.
205. Remedy for infringement of certain rights.
General provisions about death of employer or employee
206. Institution or continuance of tribunal proceedings.
207. Rights and liabilities accruing after death.
Modifications of Act
208. Review of limits.
209. Powers to amend Act.
Part XIV Interpretation
Chapter I Continuous employment

210. Introductory.
211. Period of continuous employment.
212. Weeks counting in computing period.
213. Intervals in employment.
214. Special provisions for redundancy payments.
215. Employment abroad etc.
216. Industrial disputes.
217. Reinstatement after military service.
218. Change of employer.
219. Reinstatement or re-engagement of dismissed employee.
Chapter II A week’s pay

220. Introductory.
Employments with normal working hours
221. General.
222. Remuneration varying according to time of work.
223. Supplementary.
Employments with no normal working hours
224. Employments with no normal working hours.
The calculation date
225. Rights during employment.
226. Rights on termination.
Maximum amount of week’s pay
227. Maximum amount.
228. New employments and other special cases.
229. Supplementary.
Chapter III Other interpretation provisions
230. Employees, workers etc.
231. Associated employers.
232. Shop workers.
233. Betting workers
234. Normal working hours.
235. Other definitions.
Part XV General and supplementary

236. Orders and regulations.
237. Financial provisions.
Reciprocal arrangements
238. Reciprocal arrangements with Northern Ireland.
239. Reciprocal arrangements with Isle of Man.
Final provisions
240. Consequential amendments.
241. Transitionals, savings and transitory provisions.
242. Repeals and revocations.
243. Commencement.
244. Extent.
245. Short title.
Consequential amendments
Transitional provisions, savings and transitory provisions
Part I Transitional provisions and savings
Part II Transitory provisions


Repeals and revocations
Part I Repeals
Part II Revocations

Fonte: legislation.gov.uk