Employment Rights Act 1996 in Scotland
1996 c. 18 · Enacted 22 May 1996 · Extends to United Kingdom
E1I1I2I3C1C2C3C4C5C6C7C8C9C10An Act to consolidate enactments relating to employment rights.
[22nd May 1996]
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:—C11C12C13C14F1C15C16
Annotations to the whole text
Textual amendments
- F1
Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)
Modifications
- C1
Act restricted (22.8.1996) by 1996 c. 17, ss. 21, 46 (with s. 38)
Act restricted (25.11.1998 for specified purposes and otherwise 8.5.2000) by 1998 c. 45, s. 6, Sch. 3 para. 10; S.I. 1998/2952, art. 2; S.I. 2000/1173, art. 2(2)(b)
- C2
Act modified (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(2), 55(2), Sch. 4 para. 9(2)
Act modified (25.11.1998 for specified purposes and otherwise 8.5.2000) by 1998 c. 45, s. 6, Sch. 3 para. 9(3); S.I. 1998/2952, art. 2; S.I. 2000/1173, art. 2(2)(b)
Act modified (27.9.1999) by 1999 c. 22, ss. 105, 108(3), Sch. 14 Pt. II paras. 2(1)(b), 4(b), 7(2), Pt. V para. 33(7)(b) (with Sch. 14 para. 7(2))
Act modified (1.4.2000) by S.I. 2000/935, art. 3
Act modified (S.) (1.4.2000) by 2000 asp 1, s. 10, Sch. 2 para. 8(3); S.S.I. 2000/10, art. 2(3)
Act modified (12.1.2000) by 1999 c. 29, s. 410(5) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2
Act modified (3.7.2000) by 1980 c. 66, s. 266B(7) (as inserted (3.7.2000) by 1999 c. 29, s. 265 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(c), Sch. Pt. 3)
Act modified (1.11.2000) by 2000 c. 27, s. 3(8), Sch. 3 para. 9; S.I. 2000/2917, art. 2
Act modified (E.W.) (30.11.2000) by 2000 c. 43, ss. 21(4)-(6), 22(5)-(8), 23, 80(3)
Act modified (15.1.2001) by 2000 c. 38, ss. 240, 250, Sch. 26 para. 12(b); S.I. 2000/3376, art. 2
Act modified (30.1.2001) by 2000 c. 38, s. 211, Sch. 15 para. 11; S.I. 2001/57, art. 2, Sch. 1
Act modified (30.1.2001) by 2000 c. 38, s. 218, Sch. 19 para. 12(b); S.I. 2001/57, art. 2, Sch. 1
Act modified (1.2.2001) by 2000 c. 38, s. 215(7); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II)
Act modified (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 41(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II)
Act modified (1.2.2001) by 2000 c. 38, s. 217, Sch. 18 para. 16(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II)
Act modified (1.2.2001) by 2000 c. 38, s. 220, Sch. 21 para. 13(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II)
Act modified (1.2.2001) by 2000 c. 38, s. 240, Sch. 25 para. 12; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings in Sch. 2 Pt. II)
Act modified (S.) (prosp.) by 2001 asp 10, ss. 86(3), 113(1)
- C3
Act applied (1.9.1999) by 1998 c. 31, s. 54, Sch. 16 para. 27(3)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
Act applied (1.9.1999) by 1998 c. 31, s. 55, Sch. 17 paras. 24(4)(b), 27 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
Act applied (with modifications) (1.9.1999) by S.I. 1999/2277, art. 5(1)
Act applied (S.) (8.9.2000) by 2000 asp 10, s. 29, Sch. 4 para. 6(3) (with s. 32); S.S.I. 2000/312, art. 2
Act applied (6.11.2000) by 2000 c. 26, s. 118(4)(5); S.I. 2000/2957, art. 2(1), Sch. 1
Act applied (with modifications) (8.12.2002) by The Paternity and Adoption Leave Regulations 2002 (S.I. 2002/2788), reg. 30(2)(b)
- C4
Act: power to modify conferred (25.2.1999 for certain purposes and otherwise 1.4.1999) by 1999 c. 2, ss. 15(1)(2)(b), 28(2); S.I. 1999/527, art. 2(b), Sch. 2
Act: power to amend conferred (25.10.1999) by 1999 c. 26, s. 19(3)(f); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I
Act: power to apply conferred (25.10.1999) by 1999 c. 26, s. 23(1)(b); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I
Act: power to amend or apply conferred (8.7.2002) by Employment Act 2002 (c. 22), ss. 45(3)(d)(i), 55(2)
- C5
Act amended (E.W.) (1.4.2001) by 2000 c. 43, s. 4, Sch. 1 para. 3(5); S.I. 2001/919, art. 2(e) (with art. 3)
- C6
Act modified (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), arts. 1, 6(8)(b)
- C7
Act: modified (8.6.2005 for certain purposes, otherwise 24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 12, 60, Sch. 2 para. 9(1)(b); S.I. 2005/1444, art. 2, Sch. 1; S.I. 2005/1909, art. 2, Sch.
- C8
Act: modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), arts. 1(1), 5(1)
- C9
Act modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), art. 3, Sch.
- C10
Act applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), regs. 1, 27(a), Sch. 6 Pt. 1
- C11
Act excluded (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 5 para. 15(1)(2)(b); S.I. 2013/1682, art. 3(m)
- C12
Act applied (with modifications) (10.3.2020) by The Parental Bereavement Leave Regulations 2020 (S.I. 2020/249), regs. 1, 15 (with reg. 2)
- C13
Act applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 3 paras. 2, 3 (with reg. 5) (as amended (4.1.2024) by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 4)
- C14
Act applied (E.W.S.) (with modifications) (6.4.2024) by The Carer’s Leave Regulations 2024 (S.I. 2024/251), regs. 1(2), 14 (with reg. 2(1))
- C15
Act applied (with modifications) (6.4.2025) by The Neonatal Care Leave and Miscellaneous Amendments Regulations 2025 (S.I. 2025/375), regs. 1(2), 20
- C16
Act applied (with modifications) (6.4.2026) by The Bereaved Partner’s Paternity Leave Regulations 2026 (S.I. 2026/237), regs. 1(b), 18
Commencement
- I1
Act not in force at Royal Assent: see s. 243
- I2
This Act has effect with the omission of s. 219(3)(d)(4)(a)(iv) until the relevant commencement date as defined by Sch. 2 Part II para. 18(2) of this Act. See Sch. 2 Part II para. 18.
- I3
This Act has effect with the omission of sections 46, 58, 59, 60, and 102 until the relevant commencement date as defined by Sch. 2 Part II para 15(2) of this Act. See Sch. 2 Part II para. 15.
Extent
- E1
For the extent of this Act generally, see s. 244; in particular, provisions which refer to shop workers and betting workers extend to England and Wales only
Contents
- Part I: Employment particulars
- Right to statements of employment particulars
- 1Statement of initial employment particulars.
- 2Statement of initial particulars: supplementary.
- 3Note about disciplinary procedures and pensions.
- 4Statement of changes.
- 5Exclusion from rights to statements.
- 6Reasonably accessible document or collective agreement.
- 7Power to require particulars of further matters.
- 7AUse of alternative documents to give particulars
- 7BGiving of alternative documents before start of employment
- Right to itemised pay statement
- 8Itemised pay statement.
- 9Standing statement of fixed deductions.
- 10Power to amend provisions about pay and standing statements.
- Enforcement
- 11References to employment tribunals.
- 12Determination of references.
- Part II: Protection of wages
- Deductions by employer
- 13Right not to suffer unauthorised deductions.
- 14Excepted deductions.
- Payments to employer
- 15Right not to have to make payments to employer.
- 16Excepted payments.
- Cash shortages and stock deficiencies in retail employment
- 17Introductory.
- 18Limits on amount and time of deductions.
- 19Wages determined by reference to shortages etc.
- 20Limits on method and timing of payments.
- 21Limit on amount of payments.
- 22Final instalments of wages.
- Enforcement
- 23Complaints to employment tribunals.
- 24Determination of complaints.
- 25Determinations: supplementary.
- 26Complaints and other remedies.
- Supplementary
- 27Meaning of “wages” etc.
- Part 2A: Zero hours workers and similar
- Chapter 1: Exclusivity terms and other restrictions
- 27AExclusivity terms unenforceable in zero hours contracts
- 27BPower to make further provision in relation to zero hours workers
- Chapter 2: Right to guaranteed hours
- Guaranteed hours offers
- 27BARight for qualifying workers to be offered guaranteed hours
- 27BBRequirements relating to a guaranteed hours offer
- 27BCRequirements relating to a guaranteed hours offer: supplementary
- 27BDGuaranteed hours offer: exceptions to duty to make offer and withdrawal of offer
- 27BEAcceptance or rejection of a guaranteed hours offer
- Information
- 27BFInformation about rights conferred by Chapter 2
- Enforcement
- 27BGComplaints to employment tribunals: grounds
- 27BHComplaints to employment tribunals: time limits
- 27BIRemedies
- Chapter 3: Shifts: rights to reasonable notice
- 27BJRight to reasonable notice of a shift
- 27BKRight to reasonable notice of cancellation of or change to a shift
- 27BLSections 27BJ and 27BK: supplementary
- 27BMInteraction with Chapter 4
- 27BNComplaints to employment tribunals
- 27BORemedies
- Chapter 4: Right to payment for cancelled, moved and curtailed shifts
- 27BPRight to payment for a cancelled, moved or curtailed shift
- 27BQRegulations under section 27BP: supplementary
- 27BRExceptions to duty to make payment for a cancelled, moved or curtailed shift
- 27BSContractual remuneration
- 27BTComplaints to employment tribunal
- 27BURemedies
- Chapter 5: Agency workers: guaranteed hours and rights relating to shifts
- 27BVAgency workers
- Chapter 6: Collective agreements: contracting out
- 27BWZero hours workers, etc
- 27BXAgency workers
- 27BYSupplementary provision
- 27BZRegulations
- 27BZ1Interpretation
- Chapter 7: General
- 27BZ2Interpretation
- 27BZ3Regulations
- Part 2B: TIPS, GRATUITIES AND SERVICE CHARGES
- Requirement to deal with tips, gratuities and service charges
- 27CQualifying tips, gratuities and service charges
- 27DHow tips etc must be dealt with
- 27ENon-public places of business
- 27FIndependent troncs
- 27GWhen tips etc must be dealt with
- 27HAgency workers
- Information
- 27IWritten policy
- 27JRecords
- Enforcement
- 27KComplaints to employment tribunal about tips etc
- 27LDetermination of complaints about tips etc
- 27MCompensation: dealing with tips etc
- 27NComplaints to employment tribunal about information
- 27ODetermination of complaints about information
- Code of practice about tips etc
- 27PIssue of code of practice
- 27QProcedure for issue of code of practice
- 27RConsequential revision of code of practice
- 27SRevocation of code of practice
- 27TFailure to comply with code of practice
- General
- 27UNo restitution claims by employer
- 27VRelationship with contractual rights
- 27WRestrictions on contracting out of this Part
- 27XInterpretation
- 27YApplication
- Part III: Guarantee payments
- 28Right to guarantee payment.
- 29Exclusions from right to guarantee payment.
- 30Calculation of guarantee payment.
- 31Limits on amount of and entitlement to guarantee payment.
- 32Contractual remuneration.
- 33Power to modify provisions about guarantee payments.
- 34Complaints to employment tribunals.
- 35Exemption orders.
- Part IV: Sunday working for shop and betting workers
- Protected shop workers and betting workers
- 36Protected shop workers and betting workers.
- 37Contractual requirements relating to Sunday work.
- Opting-out of Sunday work
- 40Notice of objection to Sunday working.
- 41Opted-out shop workers and betting workers.
- 41ANotice of objection by shop workers to working additional hours on Sunday
- 41BExplanatory statement: persons who become shop workers
- 41CExplanatory statement: shop workers at commencement date
- 41DFailure to give explanatory statement under section 41B or 41C
- 42Explanatory statement : betting workers.
- 43Contractual requirements relating to Sunday work : opting-out notices.
- 43ZAContractual requirements relating to working additional hours on Sundays: objection notices
- 43ZBInterpretation
- Part IVA: Protected disclosures
- 43AMeaning of “protected disclosure”.
- 43BDisclosures qualifying for protection.
- 43CDisclosure to employer or other responsible person.
- 43DDisclosure to legal adviser.
- 43EDisclosure to Minister of the Crown.
- 43FDisclosure to prescribed person.
- 43FAPrescribed persons: duty to report on disclosures of information
- 43GDisclosure in other cases.
- 43HDisclosure of exceptionally serious failure.
- 43JContractual duties of confidentiality.
- 43KExtension of meaning of “worker” etc. for Part IVA.
- 43KAApplication of this Part and related provisions to police
- 43LOther interpretative provisions.
- Part V: Protection from suffering detriment in employment
- Rights not to suffer detriment
- 43MJury service
- 44Health and safety cases.
- 45Sunday working for shop and betting workers.
- 45ZASunday working for shop workers: additional hours
- 45AWorking time cases.
- 46Trustees of occupational pension schemes.
- 47Employee representatives.
- 47AEmployees exercising right to time off work for study or training.
- 47BProtected disclosures.
- 47CLeave for family and domestic reasons.
- 47DTax credits
- 47EFlexible working
- 47FStudy and training
- 47GEmployee shareholder status
- Enforcement
- 48Complaints to employment tribunals.
- 49Remedies.
- Application to police of rights relating to health and safety
- 49AApplication to police of section 44 and related provisions.
- Part 5A: Protection for applicants for employment etc in the health service
- 49BRegulations prohibiting discrimination because of protected disclosure
- Part 5B: Redundancy or dismissal during a protected period of pregnancy
- 49DRedundancy or dismissal during a protected period of pregnancy
- 49ESection 49D: supplemental
- Part VI: Time off work
- Public duties
- 50Right to time off for public duties.
- 51Complaints to employment tribunals.
- Looking for work and making arrangements for training
- 52Right to time off to look for work or arrange training.
- 53Right to remuneration for time off under section 52.
- 54Complaints to employment tribunals.
- Ante-natal care
- 55Right to time off for ante-natal care.
- 56Right to remuneration for time off under section 55.
- 57Complaints to employment tribunals.
- Ante-natal care: agency workers
- 57ZARight to time off for ante-natal care (agency workers)
- 57ZBRight to remuneration for time off under section 57ZA
- 57ZCComplaint to employment tribunal: agency workers
- 57ZDAgency workers: supplementary
- Accompanying to ante-natal appointments
- 57ZERight to time off to accompany to ante-natal appointment
- 57ZFComplaint to employment tribunal
- Accompanying to ante-natal appointments: agency workers
- 57ZGRight to time off to accompany to ante-natal appointment: agency workers
- 57ZHComplaint to employment tribunal: agency workers
- 57ZIAgency workers: supplementary
- Adoption appointments
- 57ZJRight to paid time off to attend adoption appointments
- 57ZKRight to remuneration for time off under section 57ZJ
- 57ZLRight to unpaid time off to attend adoption appointments
- 57ZMComplaint to employment tribunal
- Adoption appointments: agency workers
- 57ZNRight to paid time off to attend adoption appointments: agency workers
- 57ZORight to remuneration for time off under section 57ZN
- 57ZPRight to unpaid time off to attend adoption meetings: agency workers
- 57ZQComplaint to employment tribunal: agency workers
- 57ZRAgency workers: supplementary
- 57ZSPlacement of looked after children with prospective adopters
- Dependants
- 57ATime off for dependants.
- 57BComplaint to employment tribunal.
- Occupational pension scheme trustees
- 58Right to time off for pension scheme trustees.
- 59Right to payment for time off under section 58.
- 60Complaints to employment tribunals.
- Employee representatives
- 61Right to time off for employee representatives.
- 62Right to remuneration for time off under section 61.
- 63Complaints to employment tribunals.
- 63ARight to time off for young person in Wales or Scotland for study or training.
- 63BRight to remuneration for time off under section 63A.
- 63CComplaints to employment tribunals.
- Part 6A: Study and training
- 63DStatutory right to make request in relation to study or training
- 63ESection 63D application: supplementary
- 63FEmployer's duties in relation to application
- 63GRegulations about dealing with applications
- 63HEmployee's duties in relation to agreed study or training
- 63IComplaints to employment tribunals
- 63JRemedies
- 63KSupplementary
- Part VII: Suspension from work
- Suspension on medical grounds
- 64Right to remuneration on suspension on medical grounds.
- 65Exclusions from right to remuneration.
- Suspension on maternity grounds
- 66Meaning of suspension on maternity grounds.
- 67Right to offer of alternative work.
- 68Right to remuneration.
- Ending the supply of an agency worker on maternity grounds
- 68AMeaning of ending the supply of an agency worker on maternity grounds
- 68BRight to offer of alternative work
- 68CRight to remuneration
- 68DAgency workers: supplementary
- General
- 69Calculation of remuneration.
- 69ACalculation of remuneration (agency workers)
- 70Complaints to employment tribunals.
- 70AComplaints to employment tribunals: agency workers
- Part VIII
- Chapter I: MATERNITY LEAVE
- 71Section 71
- 72Compulsory maternity leave.
- 73Additional maternity leave.
- 74Redundancy and dismissal.
- 75Sections 71 to 73: supplemental.
- Chapter 1A: Adoption leave
- 75AOrdinary adoption leave
- 75BAdditional adoption leave
- 75CRedundancy and dismissal
- 75DChapter 1A: supplemental
- Chapter 1B: Shared parental leave
- 75EEntitlement to shared parental leave: birth
- 75FEntitlement to leave under section 75E: further provision
- 75GEntitlement to shared parental leave: adoption
- 75HEntitlement to leave under section 75G: further provision
- 75IRights during and after shared parental leave
- 75JRedundancy and dismissal
- 75KChapter 1B: supplemental
- Chapter II: PARENTAL LEAVE
- 76Entitlement to parental leave.
- 77Rights during and after parental leave.
- 78Special cases.
- 79Supplemental.
- 80Complaint to employment tribunal.
- Chapter 3: Paternity leave
- 80AEntitlement to ... paternity leave: birth
- 80AAEntitlement to additional paternity leave: birth Repealed
- 80BEntitlement to ... paternity leave: adoption
- 80BBEntitlement to additional paternity leave: adoption Repealed
- 80CRights during and after paternity leave
- 80DSpecial cases
- 80EChapter 3: supplemental
- Chapter 4: Parental bereavement leave Bereavement leave
- 80EAParental bereavement Bereavement leave
- 80EBRights during and after bereavement leave
- 80ECSpecial cases
- 80EDChapter 4: supplemental
- 80EEApplication in relation to stillbirths
- Chapter 5: Neonatal care leave
- 80EFNeonatal care leave
- 80EGRights during and after neonatal care leave
- 80EHSpecial cases
- 80EIChapter 5: supplemental
- Part 8A: Flexible working
- 80FStatutory right to request contract variation
- 80GEmployer’s duties in relation to application under section 80F
- 80HComplaints to employment tribunals
- 80IRemedies
- Part 8B: Carer’s leave
- 80JCarer’s leave
- 80KRights during and after carer’s leave
- 80LSpecial cases
- 80MPart 8B: supplemental
- 80NComplaint to employment tribunal
- Part IX: Termination of employment
- Minimum period of notice
- 86Rights of employer and employee to minimum notice.
- 87Rights of employee in period of notice.
- 88Employments with normal working hours.
- 89Employments without normal working hours.
- 90Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
- 91Supplementary.
- Written statement of reasons for dismissal
- 92Right to written statement of reasons for dismissal.
- 93Complaints to employment tribunal.
- Part X: Unfair dismissal
- Chapter I: Right not to be unfairly dismissed
- The right
- 94The right.
- Dismissal
- 95Circumstances in which an employee is dismissed.
- 96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 97Effective date of termination.
- Fairness
- 98General.
- Retirement
- 98ZANo normal retirement age: dismissal before 65 Repealed
- 98ZBNo normal retirement age: dismissal at or after 65 Repealed
- 98ZCNormal retirement age: dismissal before retirement age Repealed
- 98ZDNormal retirement age 65 or higher: dismissal at or after retirement age Repealed
- 98ZENormal retirement age below 65: dismissal at or after retirement age Repealed
- 98ZFReason for dismissal: particular matters Repealed
- 98ZGRetirement dismissals: fairness Repealed
- 98ZHInterpretation Repealed
- Other dismissals
- 98AProcedural fairness Repealed
- 98BJury service
- 99Leave for family reasons.
- 100Health and safety cases.
- 101Shop workers and betting workers who refuse Sunday work.
- 101ZAShop workers who refuse to work additional hours on Sunday
- 101AWorking time cases.
- 102Trustees of occupational pension schemes.
- 103Employee representatives.
- 103AProtected disclosure.
- 104Assertion of statutory right.
- 104AThe national minimum wage.
- 104BTax credits
- 104CFlexible working
- 104DPension enrolment
- 104EStudy and training
- 104FBlacklists
- 104GEmployee shareholder status
- 104IContracts of employment: restricted variations
- 104JContracts of employment: variations that are not restricted variations
- 104KRedundancy: replacement of employees with people who are not employees
- 105Redundancy.
- 106Replacements.
- 107Pressure on employer to dismiss unfairly.
- Exclusion of right
- 108Qualifying period of employment.
- 109Upper age limit. Repealed
- 110Dismissal procedures agreements.
- Chapter II: Remedies for unfair dismissal
- Introductory
- 111Complaints to employment tribunal.
- 111AConfidentiality of negotiations before termination of employment
- 112The remedies: orders and compensation.
- Orders for reinstatement or re-engagement
- 113The orders.
- 114Order for reinstatement.
- 115Order for re-engagement.
- 116Choice of order and its terms.
- 117Enforcement of order and compensation.
- Compensation
- 118General.
- 119Basic award.
- 120Basic award: minimum in certain cases.
- 121Basic award of two weeks’ pay in certain cases.
- 122Basic award: reductions.
- 123Compensatory award.
- 124Limit of compensatory award etc.
- 124AAdjustments under the Employment Act 2002
- 125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 126Acts which are both unfair dismissal and discrimination.
- 127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 127AInternal appeal procedures. Repealed
- 127B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Interim relief
- 128Interim relief pending determination of complaint.
- 129Procedure on hearing of application and making of order.
- 130Order for continuation of contract of employment.
- 131Application for variation or revocation of order.
- 132Consequence of failure to comply with order.
- Chapter III: Supplementary
- 133Death of employer or employee.
- 134Teachers in aided schools.
- 134AApplication to police.
- Part XI: Redundancy payments etc.
- Chapter I: Right to redundancy payment
- 135The right.
- Chapter II: Right on dismissal by reason of redundancy
- Dismissal by reason of redundancy
- 136Circumstances in which an employee is dismissed.
- 137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 138No dismissal in cases of renewal of contract or re-engagement.
- 139Redundancy.
- Exclusions
- 140Summary dismissal.
- 141Renewal of contract or re-engagement.
- 142Employee anticipating expiry of employer’s notice.
- 143Strike during currency of employer’s notice.
- 144Provisions supplementary to section 143.
- Supplementary
- 145The relevant date.
- 146Provisions supplementing sections 138 and 141.
- Chapter III: Right by reason of lay-off or short-time
- Lay-off and short-time
- 147Meaning of “lay-off” and “short-time”.
- 148Eligibility by reason of lay-off or short-time.
- Exclusions
- 149Counter-notices.
- 150Resignation.
- 151Dismissal.
- 152Likelihood of full employment.
- Supplementary
- 153The relevant date.
- 154Provisions supplementing sections 148 and 152.
- Chapter IV: General exclusions from right
- 155Qualifying period of employment.
- 156Upper age limit. Repealed
- 157Exemption orders.
- 158Pension rights. Repealed
- 159Public offices etc.
- 160Overseas government employment.
- 161Domestic servants.
- Chapter V: Other provisions about redundancy payments
- 162Amount of a redundancy payment.
- 163References to employment tribunals.
- 164Claims for redundancy payment.
- 165Written particulars of redundancy payment.
- Chapter VI: Payments by Secretary of State
- 166Applications for payments.
- 167Making of payments.
- 168Amount of payments.
- 169Information relating to applications for payments.
- 170References to employment tribunals.
- Chapter VII: Supplementary
- Application of Part to particular cases
- 171Employment not under contract of employment.
- 172Termination of employment by statute.
- 173Employees paid by person other than employer.
- Death of employer or employee
- 174Death of employer: dismissal.
- 175Death of employer: lay-off and short-time.
- 176Death of employee.
- Equivalent payments
- 177References to employment tribunals.
- Other supplementary provisions
- 178Old statutory compensation schemes.
- 179Notices.
- 180Offences.
- 181Interpretation.
- Part XII: Insolvency of employers
- 182Employee’s rights on insolvency of employer.
- 183Insolvency.
- 184Debts to which Part applies.
- 185The appropriate date.
- 186Limit on amount payable under section 182.
- 187Role of relevant officer.
- 188Complaints to employment tribunals.
- 189Transfer to Secretary of State of rights and remedies.
- 190Power to obtain information.
- Part XIII: Miscellaneous
- Chapter I: Particular types of employment
- Crown employment etc.
- 191Crown employment.
- 192Armed forces.
- 193National security.
- Parliamentary staff
- 194House of Lords staff.
- 195House of Commons staff.
- Excluded classes of employment
- 196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 197Fixed-term contracts. Repealed
- 198Short-term employment. Repealed
- 199Mariners.
- 200Police officers.
- Offshore employment
- 201Power to extend employment legislation to offshore employment.
- Chapter II: Other miscellaneous matters
- Restrictions on disclosure of information
- 202National security.
- Harassment and discrimination: contractual duties of confidentiality
- 202AContractual duties of confidentiality relating to harassment and discrimination
- Contracting out etc. and remedies
- 203Restrictions on contracting out.
- 204Law governing employment.
- 205Remedy for infringement of certain rights.
- Employee shareholder status
- 205AEmployee shareholders
- General provisions about death of employer or employee
- 206Institution or continuance of tribunal proceedings.
- 207Rights and liabilities accruing after death.
- Mediation in certain cross-border dispute
- 207AExtension of time limits because of mediation in certain cross-border disputes Repealed
- 207BExtension of time limits to facilitate conciliation before institution of proceedings
- Modifications of Act
- 208. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 209Powers to amend Act.
- Part XIV: Interpretation
- Chapter I: Continuous employment
- 210Introductory.
- 211Period of continuous employment.
- 212Weeks counting in computing period.
- 213Intervals in employment.
- 214Special provisions for redundancy payments.
- 215Employment abroad etc.
- 216Industrial disputes.
- 217Reinstatement after military service.
- 218Change of employer.
- 219Reinstatement or re-engagement of dismissed employee.
- Chapter II: A week’s pay
- Introductory
- 220Introductory.
- Employments with normal working hours
- 221General.
- 222Remuneration varying according to time of work.
- 223Supplementary.
- Employments with no normal working hours
- 224Employments with no normal working hours.
- The calculation date
- 225Rights during employment.
- 226Rights on termination.
- Maximum amount of week’s pay
- 227Maximum amount.
- Miscellaneous
- 228New employments and other special cases.
- 229Supplementary.
- Chapter III: Other interpretation provisions
- 230Employees, workers etc.
- 231Associated employers.
- 232Shop workers.
- 233Betting workers
- 234Normal working hours.
- 235Other definitions.
- Part XV: General and supplementary
- General
- 236Orders and regulations.
- 237Financial provisions.
- Reciprocal arrangements
- 238Reciprocal arrangements with Northern Ireland.
- 239Reciprocal arrangements with Isle of Man.
- Final provisions
- 240Consequential amendments.
- 241Transitionals, savings and transitory provisions.
- 242Repeals and revocations.
- 243Commencement.
- 244Extent.
- 245Short title.
- Schedule 1: Consequential amendments
- 1Paragraph 1 Repealed
- The Atomic Energy Authority Act 1971 (c.11)
- 2Paragraph 2
- The Attachment of Earnings Act 1971 (c.32)
- 3Paragraph 3
- The British Library Act 1972 (c.54)
- 4Paragraph 4
- The Health and Safety at Work etc. Act 1974 (c.37)
- 5Paragraph 5
- The Sex Discrimination Act 1975 (c.65)
- 6Paragraph 6
- The Scottish Development Agency Act 1975 (c.69)
- 7Paragraph 7
- The Welsh Development Agency Act 1975 (c.70)
- 8Paragraph 8
- The Lotteries and Amusements Act 1976 (c.32)
- 9Paragraph 9 Repealed
- The Race Relations Act 1976 (c.74)
- 10Paragraph 10
- The Development of Rural Wales Act 1976 (c.75)
- 11Paragraph 11 Repealed
- The New Towns (Scotland) Act 1977 (c.16)
- 12Paragraph 12
- The National Health Service (Scotland) Act 1978 (c.29)
- 13Paragraph 13
- The House of Commons (Administration) Act 1978 (c.36)
- 14Paragraph 14
- The New Towns Act 1981 (c.64)
- 15Paragraph 15
- The Wildlife and Countryside Act 1981 (c.69)
- 16Paragraph 16
- The Hops Marketing Act 1982 (c.5)
- 17Paragraph 17 Repealed
- The Oil and Gas (Enterprise) Act 1982 (c.23)
- 18Paragraph 18 Repealed
- The Local Government Finance Act 1982 (c.32)
- 19Paragraph 19 Repealed
- The Administration of Justice Act 1982 (c.53)
- 20Paragraph 20
- The Health and Social Services and Social Security Adjudications Act 1983 (c.41)
- 21Paragraph 21
- The National Audit Act 1983 (c.44)
- 22Paragraph 22 Repealed
- The National Heritage Act 1983 (c.47)
- 23Paragraph 23
- The National Heritage (Scotland) Act 1985 (c.16)
- 24Paragraph 24
- The Prosecution of Offences Act 1985 (c.23)
- 25Paragraph 25
- The Local Government Act 1985 (c.51)
- 26Paragraph 26
- The Trustee Savings Banks Act 1985 (c.58)
- 27Paragraph 27
- The Housing (Consequential Provisions) Act 1985 (c.71)
- 28Paragraph 28
- The Insolvency Act 1986 (c.45)
- 29Paragraph 29
- The Legal Aid (Scotland) Act 1986 (c.47)
- 30Paragraph 30
- The Debtors (Scotland) Act 1987 (c.18)
- 31Paragraph 31
- The Pilotage Act 1987 (c.21)
- 32Paragraph 32
- The Housing (Scotland) Act 1987 (c.26)
- 33Paragraph 33
- The Consumer Protection Act 1987 (c.43)
- 34Paragraph 34 Repealed
- The Income and Corporation Taxes Act 1988 (c.1)
- 35Paragraph 35
- The Legal Aid Act 1988 (c.34)
- 36Paragraph 36 Repealed
- The Education Reform Act 1988 (c.40)
- 37Paragraph 37
- The Local Government Finance Act 1988 (c.41)
- 38Paragraph 38
- The Housing (Scotland) Act 1988 (c.43)
- 39Paragraph 39
- The Health and Medicines Act 1988 (c.49)
- 40Paragraph 40
- The Housing Act 1988 (c.50)
- 41Paragraph 41 Repealed
- The Dock Work Act 1989 (c.13)
- 42Paragraph 42
- The Electricity Act 1989 (c.29)
- 43Paragraph 43
- The Local Government and Housing Act 1989 (c.42)
- 44Paragraph 44
- The National Health Service and Community Care Act 1990 (c.19)
- 45Paragraph 45
- The Enterprise and New Towns (Scotland) Act 1990 (c.35)
- 46Paragraph 46
- The Environmental Protection Act 1990 (c.43)
- 47Paragraph 47
- The Natural Heritage (Scotland) Act 1991 (c.28)
- 48Paragraph 48
- The Coal Mining Subsidence Act 1991 (c.45)
- 49Paragraph 49
- The Ports Act 1991 (c.52)
- 50Paragraph 50
- The Social Security Contributions and Benefits Act 1992 (c.4)
- 51Paragraph 51
- The Further and Higher Education Act 1992 (c.13)
- 52Paragraph 52
- The Timeshare Act 1992 (c.35)
- 53Paragraph 53
- The Further and Higher Education (Scotland) Act 1992 (c.37)
- 54Paragraph 54
- The Museums and Galleries Act 1992 (c.44)
- 55Paragraph 55
- The Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)
- 56Paragraph 56
- The Tribunals and Inquiries Act 1992 (c.53)
- 57Paragraph 57
- The Social Security Act 1993 (c.3)
- 58Paragraph 58
- The Education Act 1993 (c.35)
- 59Paragraph 59 Repealed
- The Railways Act 1993 (c.43)
- 60Paragraph 60
- The Pension Schemes Act 1993 (c.48)
- 61Paragraph 61
- The Finance Act 1994 (c.9)
- 62Paragraph 62
- The Local Government (Wales) Act 1994 (c.19)
- 63Paragraph 63
- The Coal Industry Act 1994 (c.21)
- 64Paragraph 64
- The Criminal Justice and Public Order Act 1994 (c.33)
- 65Paragraph 65
- The Local Government etc. (Scotland) Act 1994 (c.39)
- 66Paragraph 66
- The Jobseekers Act 1995 (c.18)
- 67Paragraph 67
- The Environment Act 1995 (c.25)
- 68Paragraph 68
- The Disability Discrimination Act 1995 (c.50)
- 69Paragraph 69
- Schedule 2: Transitional provisions, savings and transitory provisions
- Part I: Transitional provisions and savings
- General transitionals and savings
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Preservation of old transitionals and savings
- 6Paragraph 6
- Employment particulars for pre-TURERA employees
- 7Paragraph 7
- Employment particulars for pre-6 April 2020 employees
- 7AParagraph 7A
- Request for employment particulars by pre-6 April 2020 employee or pre- TURERA employee
- 7BParagraph 7B
- Monetary limits in old cases
- 8Paragraph 8
- Shop workers and betting workers to whom old maternity provisions applied
- 9Paragraph 9
- Validity of provisions deriving from certain regulations
- 10Paragraph 10
- Unfair dismissal
- 11Paragraph 11
- Redundancy payments
- 12Paragraph 12
- Periods of employment
- 13Paragraph 13
- 14Paragraph 14
- Part II: Transitory provisions
- Occupational pension scheme trustees
- 15Paragraph 15 Repealed
- Armed forces
- 16Paragraph 16
- 17Paragraph 17
- Disability discrimination
- 18Paragraph 18 Repealed
- Schedule 3: Repeals and revocations
- IRepeals
- IIRevocations
- TABLE OF DERIVATIONS
- 1Notes:
- 2Paragraph 2