Section 225 Rights during employment.C1

England, Wales and Scotland

F1(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.

(1)

Where the calculation is for the purposes of section 30, the calculation date is—

(a)

where the employee’s contract has been varied, or a new contract entered into, in connection with a period of short-time working, the last day on which the original contract was in force, and

(b)

otherwise, the day in respect of which the guarantee payment is payable.

(2)

Where the calculation is for the purposes of section 53 or 54, the calculation date is the day on which the employer’s notice was given.

(3)

Where the calculation is for the purposes of section 56, the calculation date is the day of the appointment.

F2(3A)

Where the calculation is for the purposes of section 57ZF, the calculation date is the day of the appointment.

F3(3B)

Where the calculation is for the purposes of section 57ZK or 57ZM, the calculation date is the day of the appointment.

(4)

Where the calculation is for the purposes of section 62, the calculation date is the day on which the time off was taken or on which it is alleged the time off should have been permitted.

F4(4A)

Where the calculation is for the purposes of section 63B, the calculation date is the day on which the time off was taken or on which it is alleged the time off should have been permitted.

F5(4B)

Where the calculation is for the purposes of section 63J, the calculation date is the day on which the section 63D application was made.

(5)

Where the calculation is for the purposes of section 69—

(a)

in the case of an employee suspended on medical grounds, the calculation date is the day before that on which the suspension begins, and

(b)

in the case of an employee suspended on maternity grounds, the calculation date is—

F6(i)

where the day before that on which the suspension begins falls during a period of ordinary or additional maternity leave, the day before the beginning of that period,

(ii)

otherwise, the day before that on which the suspension begins.

F7(6)

Where the calculation is for the purposes of section 80I, the calculation date is the day on which the application under section 80F was made.

Annotations

Textual amendments

F1: S. 225(A1)(B1) inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 2 para. 27; S.I. 2026/3, reg. 2(36)(c)
F2: S. 225(3A) inserted (1.10.2014) by Children and Families Act 2014 (c. 6), ss. 127(2)(c), 139(6); S.I. 2014/1640, art. 4(a)
F3: S. 225(3B) inserted (5.4.2015) by Children and Families Act 2014 (c. 6), ss. 128(2)(d), 139(6); S.I. 2014/1640, art. 6(d)
F4: S. 225(4A) inserted (1.9.1999) by 1998 c. 30, s. 44(1), Sch. 3 para. 14 (with s. 42(8)); S.I. 1999/987, art. 2
F5: S. 225(4B) inserted (6.4.2010 for certain purposes and otherwise prosp.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 40, 269(4), Sch. 1 para. 8; S.I. 2010/303, art. 4, Sch. 3 (with arts. 8-14) (as amended by S.I. 2010/1151, art. 22)
F6: S. 225(5)(b)(i) substituted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 39; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)
F7: S. 225(6) inserted (6.4.2003) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 45; S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3

Modifications

C1: Ss. 220-228 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(4) (with reg. 21(5))

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)

Notes on Chapter II

Modifications

C1

Pt. XIV Ch. II (ss. 220-229) applied (with modifications) (1.8.1998) by 1992 c. 52, s. 87(8) (as substituted (1.8.1998) by 1998 c. 8, s. 6; S.I. 1998/1658, art. 2(1), Sch. 1 (with art. 3(2))

Pt. XIV Ch. II (ss. 220-229) applied (with modifications) (4.9.2000) by 1999 c. 26, s. 11(4) (with ss. 14, 15); S.I. 2000/2242, art. 2(1)

Pt. XIV Ch. II (ss. 220-229) applied (15.12.1999) by S.I. 1999/3312, reg. 2(2)

Pt. XIV Ch. II (ss. 220-229) applied (with modifications) (21.6.2000) by S.I. 2000/1410, Pt. III reg. 6(4) (as amended (retrospectively) by S.I. 2002/769, regs. 1(1), 3(b) (with reg. 12))

Pt. XIV Ch. II (ss. 220-229) applied (E.W.) (21.5.2001) by S.I. 2001/1185, arts. 2, 3, Sch. para. 122

C2