OpenLegislation

Section 205 Remedy for infringement of certain rights.

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

C1(1)

The remedy of an employee for infringement of any of the rights conferred by section 8, Part III, Parts V to VIII, F1Part 8B, section 92, Part X and Part XII is, where provision is made for a complaint or the reference of a question to an F2employment tribunal, by way of such a complaint or reference and not otherwise.

F3(1YA)

In relation to the right conferred by section 44(1A), the reference in subsection (1) to an employee has effect as a reference to a worker.

F4(1A)

In relation to the right conferred by section 47B, the reference in subsection (1) to an employee has effect as a reference to a worker.

F5(1ZA)

In relation to the right conferred by section 45A, the reference in subsection (1) to an employee has effect as a reference to a worker.

(2)

The remedy of a worker in respect of any contravention of section 13, 15, 18(1) or 21(1) is by way of a complaint under section 23 and not otherwise.

Annotations

Textual amendments

F1

Words in s. 205(1) inserted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 15; S.I. 2023/1283, reg. 2

F2

Words in s. 205(1) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F3

S. 205(1YA) inserted (31.5.2021) by The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 (S.I. 2021/618), arts. 1, 6

F4

S. 205(1A) inserted (2.7.1999) by 1998 c. 23, s. 14; S.I. 1999/1547, art. 2

F5

S. 205(1ZA) inserted (1.10.1998) by S.I. 1998/1833, reg. 31(7)

Modifications

C1

S. 205(1) applied (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 16(1)

Notes on the whole Act

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)