If you are thinking about setting up a business, and need it done quickly and easily with no additional requirements, then this package is the perfect choice.
This package is a cheap and efficient way to begin business, and includes the provision of a registered office address in London for the duration of one year.
This package is a not expensive and efficient way to begin business, and includes the provision of a registered office address in London and a nominee secretary for the duration of one year.
This package is one of the most cost effective and the efficient way to start a UK company, which includes a registered office address in London, a nominee secretary, and a nominee director for the duration of one year.
E-quick*
£32.00
Economy
£82.00
Premier
£207.00
Deluxe
£557.00
Usefull links
Further information
Private company limited by shares
No Annual Charges
Private company limited by shares
Annual Fee From: £50.00
Private company limited by shares
Annual Fee From: £175.00
Private company limited by shares
Annual Fee From: £525.00
Usefull links
Further information
Private Company Limited by Shares:
A private company limited by shares in England and Wales must have at least one director, one shareholder, and may have a secretary.
You need at least one person to form this type of company. If there is only one director, and that director is a natural person in your company, that director can also act as the secretary.
A company must have at least one director who is a natural person. This requirement is met if the office of director is held by a natural person as a corporation sole or otherwise by virtue of an office.
You can register a sole director' company, if you are familiar with the secretaries duties and responsibilities, because all of them belongs to a sole director.
The directors and secretary of your company can also be shareholders.
The Companies Act imposes no restriction on the minimum age of company directors. However Companies House will actively discourage the appointment of anyone under the age of 16 from taking up a company directorship on the grounds that the individuals concerned may not fully understand the legal liabilities that go with the position and for the most part will not have the experience necessary to perform the duties of a company director.
Under the Companies Act 2006, there is no restriction on any or all of the members/shareholders being from an overseas country (i.e. outside the United Kingdom in terms of residency, domicile, citizenship, place of incorporation or all or any of those concepts).
There is no requirement for the officers of your company to be UK citizens or residents, nor for them to hold valid work permits.
Owning, or being an officer of a UK company does not, however, grant you any right to live or work in the UK if you are a foreign national.
Your company must have a registered office address within England or Wales; this is the official address of your company and will be on the public record as such.
Your company must hold its official company documents at its registered office address: its register of shareholders, and its constitutional documents.
So long as you maintain a registered office address in England or Wales, you can conduct your business from any place in the world: you do not have to run your business from your registered office address.
Coddan offers company formation, ready-made company registration for UK limited companies.
We offer electronic filing enterprises & registering corporation services. In addition to
business registrations, we offer trademark registration, shareholder agreements, toll-free
numbers, telephone answering, virtual office and company searches for UK limited companies.
You are an accountant for whom company establishment is a frequent activity or an individual
ordering your first company registrations. Start a company by incorporating or forming a LTD,
PLC or LLP at Coddan. Learn about incorporation & how to incorporate your business
online: register a business name, company registration, business registration numbers, company
house web filing - business name registration check. Whether you start-up online, register
London business or form a corporation Scotland, we can help you understand the business start-up
process for filing LTD United Kingdom.
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Incorporate or form an LLC – online: company registrar
United Kingdom, limited company formations & corporation registration, electronically LLC
online, very easy and informative. In addition to private companies Great Britain, we offer
trademark registration, shareholder agreements, 0870 numbers, telephone answering, virtual office and company searches for English companies. Information to help start,
grow or manage a small business. If you are starting a business Edinburgh or starting own business Northern Ireland, read our starting business Republic of Ireland guide.
Home business and small business training and ideas site to help you start Belfast, grow, and expand a home-based business or search for the work at home job right.
An outline of the general steps for incorporation in Great Britain, explaining how to incorporate your business Dublin, from choosing where to incorporate your business.
UK ready-made company formation services and company registrations online, our offices keep a stock of ready made companies, and would be happy to supply details on request.
We offer offshore ready-made companies in different jurisdictions, readymade offshore companies also called as offshore shelf companies, shelf off-shore companies for sale:
starting applying for a business name, business name registration partnership, grants for
starting a business and starting a business from home.
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Open company same-day and offshore setting-up services using our online starting-up service for
Limited Liability Company Offshore companies. Start enjoying the tax benefits and personal
liability protection that forming a corporation or Limited Liability Company (LLC) provides.
Offshore company incorporation, offshore checking and offshore saving accounts, offshore time
deposits, offshore mutual funds, offshore money market accounts and offshore asset protection
provided by Coddan. Company formations, limited company formations, electronic incorporations,
company formation agents, paperless company registrar, electronic companies filing, United
Kingdom limited company, setting corporation Ireland, business incorporation Scotland, open
company England, London company registration, electronic companies filing, British companies
registrars, business consultants, company law, public limited company, plc, international
companies, ltd, inc, limited liability, enterprise, organization, organization, tax, taxation,
England, firm, partnership, trade, profession, contractors, business, private limited company,
limited by shares, ready-made companies, readymade company, aged company, off the shelf
company, shelf companies list.
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Specializes in company registration and secretarial services.
Provides list of shelf company, services and cost quotation, business name registration,
company house direct, starting a business - sole trader business registration.
This is actually a pretty good reason to incorporate in Delaware or Nevada. In fact, you could
be a foreigner from Lebanon, never setting foot on American soil, form a Delaware corporation
and no one would know who you are! However, many states will require the owners and/or officers
and/or directors information while operating in that state (as a foreign corp.). Besides,
how many small businesses require anonymity? Incorporate, incorporation, incorporating,
incorporation services, incorporating services, incorporate Wyoming business online,
incorporating Oregon business, New York LLC formation, Louisiana limited liability corporation,
Texas articles of incorporation, Florida company incorporation, California non profit
corporation, corporate name search offshore, BVI corporate name availability, Seychelles
corporate name registration.
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Learn about incorporation services UK and incorporate London
online: starting your own business, business ideas, starting a business on ebay or buying a
business with legal requirements for starting a business. Online England company formations,
online company London W1 formation, Glasgow formation agent, Liverpool formations agent,
Scottish companies house, forming a company Scotland, starting a business Wales, form a
limited company Oxford, United Kingdom business registration agents, online Great Britain
company registration. E-Business, small business, business structures defined: the limited
liability company business structures defined: the limited liability company IRS treatment of
the one-member LLC. An LLC with only one member / owner is automatically considered to be a
sole proprietorship unless an election is made to be treated as a corporation. Thus, the sole
member of an LLC will file (Form 1040), (U.S. Individual Income Tax Return), ideas for starting
a business, grants for starting a business, starting a business from home, starting your own
business - business ideas, starting a business on ebay, buying a business: legal requirements
for starting a business, ideas for starting a business.
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A business may be conducted by a company
as an entity in its own right and comes into existence by incorporation under companies
legislation which also regulates the running of the company and sets out the duties of its
officers. In recent years trading trusts have been commonly used as the structure for carrying
on a business with their main objective of tax minimization. A trust requires a trustee to act
on behalf of a trust and it has been preferable to have a company newly incorporated to act as
the trustee as it is believed that this limits the liability of the trust to the paid-up capital
of the Trustee Company. A trust is formed by a gift or settlement being made to the trustee on
behalf of the, as yet unformed, trust. A solicitor draws up a Trust Deed setting out the powers
and formalizing the administration of the trust. The trust has beneficiaries rather than
shareholders as in a company, who are entitled to distributions of capital and/or income and
these distributions, are controlled by the trustee.
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The distribution made to beneficiaries are
subject to income tax as part of their personal income and are liable for provisional tax on
these distributions. Citizens and residents of other countries may incorporate in the United
Kingdom through the standard incorporation procedures set forth by each state. Provides UK
company formations, trademark registration, registered office facilities and company secretary
services. Professional company formation, register your company online, we may establish new
business at one day. An online guide to starting up and expanding your business.
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This is one of our most popular packages with worldwide customers, and includes: -
EQUICK-4 zvezdy :-****
Pomeniat' sro4no. Eto economy4 zvezdy. -
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Our Deluxe package is a fast and easy option, it is ideal for the UK, EU, and international small to medium businesses who wish to appoint a nominee director and a nominee secretary in order to maintain the anonymity of the real owner, and it includes: -
Incorporation of your company from scratch using one of our registered office addresses in London, our nominee director and nominee secretary. We can appoint your own candidate(s) to the role of shareholder(s), or you can appoint a nominee sharholder provided by Coddan;
The standard capital on formation is £1.00, this is divided into 1.00 ordinary share valued at £1.00 (a minimum of one share must be issued);
The formation of a limited company usually takes as little as four to six hours from the time that your application and payment are received by Coddan;
The government fee for incorporation is included in the price of this package;
The provision of a registered office address for 12 months is included in the price of this package (our registered office address service is charged annually);
The provision of a nominee secretary for 12 months is included in the price of this package (our nominee secretary service is charged annually);
The provision of a nominee director for 12 months is also included in the price of this package (our nominee director service is charged annually);
The following two hard bound copies of corporate documents, will be send by post to you upon formation of your private limited company: -
A laminated copy of the certificate of incorporation of your company;
A hard bound copy of the memorandum and articles of association;
A hard bound copy of the minutes of the first meeting of directors;
Share certificates, and your company register;
The general power of attorney signed by a nominee director;
Pre-signed, undated resignation letter from a nominee director;
The agreement for the provision of nominee service and indemnification of nominee.
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3 zdezda deluxe. -
3 zdezda deluxe
4 zdezda deluxe -
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This is our most popular package with the UK residents, and includes: -
The registration of your company from scratch using your own registered office address,
and appoint your own candidates to the roles of director, secretary (if needed), and shareholder;
The standard capital on formation is £1.00, this is divided into 1.00 ordinary share valued at £1.00 (a minimum of one share must be issued);
The formation of a limited company usually takes as little as four to six hours from the time that your application and payment are received by Coddan;
The government fee for incorporation is included in the price of this package;
The following documents, which need to be printed and signed, will be e-mailed to you upon formation of your company: -
A certificate of incorporation (requires PDF file reader);
The memorandum & articles of association (requires PDF file reader);
The first meeting of the board of directors (requires PDF file reader);
Share certificates and a company register (requires PDF file reader).
*If you do not have an a valid address in the UK, which can be used as the registered office address for your company, please check our Economy package. The non-UK address cannot be acceptable as the office address for the UK company.
This is our most popular package with the UK and EU residents, and includes: -
The registration your company from scratch using one of our registered office addresses, and appoint your own candidates to the roles of director, secretary (if needed), and shareholder;
The standard capital on formation is £1.00, this is divided into 1.00 ordinary share valued at £1.00 (a minimum of one share must be issued);
The formation of a limited company usually takes as little as four to six hours from the time that your application and payment are received by Coddan;
The government fee for incorporation is included in the price of this package;
The provision of a registered office address for 12 months is also included in the price of this package (our registered office address service is charged annually);
The following documents, which need to be printed and signed, will be e-mailed to you upon formation of your company: -
A certificate of incorporation (requires PDF file reader);
The memorandum & articles of association (requires PDF file reader);
The first meeting of the board of directors (requires PDF file reader);
Share certificates and a company register (requires PDF file reader).
This is another one very popular package with worldwide customers, and includes: -
The formation of a company limited by guarantee usually takes as little as five to seven working days from the time that your application and payment are received by Coddan;
The incorporation your BVI company limited by guarantee from scratch using our registered agent & registered office address, and appoint your own candidate to the role of a members;
The government and initiation fees for incorporation are included in the price of this package;
The search for a company name availability, confirmation, and reservation;
An original certificate of incorporation
A hard bound copy of the memorandum & articles of association
The preparation and submission of the memorandum and articles of association;
A local registered office address and a local registered agent for 12 months are included in the price of this package (our registered agent & office address service are charged annually);
The provision of a nominee director for one year is also included in the price of this package (our nominee director service is charged annually);
To receive an original of the certificate of incorporation from the Companies Registrar usually takes as little as two to three days from the time of incorporation.
The following hard bound copy of corporate documents, will be posted to you upon formation of your company limited by guarantee: -
An original certificate of incorporation;
A hard bound copy of the memorandum and articles of association;
The minutes of the first meeting of the board of directors;
A completed register of directors and members;
An elegant printed membership certificates;
A pliers seal.
The general power of attorney signed by a nominee director (additional fee applies);
Pre-signed, undated resignation letter from a nominee director;
The agreement for the provision of a nominee service and indemnification of nominee.
This is our most popular package with international customers, and includes: -
The formation of a company limited by guarantee usually takes as little as five to seven working days from the time that your application and payment are received by Coddan;
The registration your BVI company limited by guarantee from scratch using our registered agent & registered office address, and appoint our own candidates to the role of a nominee director and a nominee member;
The government and initiation fees for incorporation are included in the price of this package;
The search for a company name availability, confirmation, and reservation;
The preparation and submission of the memorandum and articles of association;
A local registered office address and a local registered agent for one year are included in the price of this package (our registered agent & office address service are charged annually);
The provision of a nominee director for 12 months is included in the price of this package (our nominee director service is charged annually);
A completed register of directors and members
The provision of a nominee member for 12 months is also included in the price of this package (our nominee member service is charged annually);
To receive an original of the certificate of incorporation from the Companies Registrar usually takes as little as two to three days from the time of incorporation.
The following hard bound copy of corporate documents, will be posted to you upon formation of your company limited by guarantee: -
An original certificate of incorporation;
A hard bound copy of the memorandum and articles of association;
The minutes of the first meeting of the board of directors;
A completed register of directors and members;
An elegant printed membership certificates;
A pliers seal.
Pre-signed, undated letters of resignation from a nominee director and a nominee member;
A general power of attorney signed by a nominee director (additional fee applies);
A declaration of trust from a nominee member;
An indemnity letter for the power of attorney;
A nominee agreement which provides for the indemnification of the nominees.
This is another one of our most popular packages for small and medium size businesses, such as those being run by a sole director from home, and for companies owned by overseas residents who still need a local registered office address, but would rather not open a local office in the UK;
This package is often chosen by such customers, who are looking to minimise a sole director' personal liability (and who are not quite familiar with the UK corporate legislation), because this package includes thye provision of a nominee secretary for 12 months. This package is also includes: -
The registration your company from scratch using one of our registered office addresses, and appoint your own candidates to the roles of director, and shareholder;
The standard capital on formation is £1.00, this is divided into 1.00 ordinary share valued at £1.00 (a minimum of one share must be issued);
The formation of a limited company usually takes as little as four to six hours from the time that your application and payment are received by Coddan;
The government fee for incorporation is included in the price of this package;
The provision of a registered office address for 12 months is included in the price of this package (our registered office address service is charged annually);
The provision of a nominee secretary for 12 months is also included in the price of this package (our nominee secretary service is charged annually);
The following hard bound copy of the corporate documents, will be send by post to you, upon formation of your private limited company: -
A laminated copy of the certificate of incorporation of your company;
A hard bound copy of the memorandum and articles of association;
A hard bound copy of the minutes of the first meeting of directors;
Share certificates, and your company register.
This is another one very popular package with worldwide customers, and includes: -
The formation of a limited partnership usually takes as little as five to seven working days from the time that your application and payment are received by Coddan;
The incorporation your BVI offshore limited partnership from scratch using our registered agent & registered office address, and appoint your own candidate to the role of a general partner;
The government and initiation fees for registration are included in the price of this package;
The search for a limited partnership name availability, confirmation, and reservation;
The preparation and submission of the partnership agreement;
A local registered office address and a local registered agent for 12 months are included in the price of this package (our registered agent & office address service are charged annually);
The provision of a nominee limited partner for one year is also included in the price of this package (our nominee limited partner service is charged annually);
To receive an original of the certificate of incorporation from the Companies Registrar usually takes as little as two to three days from the time of incorporation.
The following hard bound copy of corporate documents, will be posted to you upon formation of your offshore company: -
An original certificate of incorporation;
A hard bound copy of the partnership agreement;
The minutes of the first meeting of the board of partners;
A completed register of partners;
An elegant printed membership certificates;
A pliers seal;
The general power of attorney signed by a nominee limited partner (additional fee applies);
Pre-signed, undated resignation letter from a nominee limited partner;
The agreement for the provision of a nominee service and indemnification of nominee.
This is our most popular package with international customers, and includes: -
This is our most popular package with international customers, and includes: -
In section 23(5) of the Employment Relations Act 1999 (c. 26) (power to confer rights on individuals), the words "or otherwise" are omitted.
42
Equal pay: questionnaires
In the Equal Pay Act 1970 (c. 41), after section 7A there is inserted-
"7B
Questioning of employer
(1) For the purposes of this section-
(a) a person who considers that she may have a claim under section 1 above is referred to as "the complainant", and
(b) a person against whom the complainant may decide to make, or has made, a complaint under section 2(1) or 7A(3) above is referred to as "the respondent".
(2) With a view to helping a complainant to decide whether to institute proceedings and, if she does so, to formulate and present her case in the most effective manner, the Secretary of State shall by order prescribe-
(a) forms by which the complainant may question the respondent on any matter which is or may be relevant, and
(b) forms by which the respondent may if he so wishes reply to any questions.
(3) Where the complainant questions the respondent (whether in accordance with an order under subsection (2) above or not), the question and any reply by the respondent (whether in accordance with such an order or not) shall, subject to the following provisions of this section, be admissible as evidence in any proceedings under section 2(1) or 7A(3) above.
(4) If in any proceedings under section 2(1) or 7A(3) above it appears to the employment tribunal that the complainant has questioned the respondent (whether in accordance with an order under subsection (2) above or not) and that-
(a) the respondent deliberately and without reasonable excuse omitted to reply within such period as the Secretary of State may by order prescribe, or
(b) the respondent's reply is evasive or equivocal,
it may draw any inference which it considers it just and equitable to draw, including an inference that the respondent has contravened a term modified or included by virtue of the complainant's equality clause or corresponding term of service.
(5) Where the Secretary of State questions an employer in relation to whom he may decide to make, or has made, a reference under section 2(2) above, the question and any reply by the employer shall, subject to the following provisions of this section, be admissible as evidence in any proceedings under that provision.
(6) If in any proceedings on a reference under section 2(2) above it appears to the employment tribunal that the Secretary of State has questioned the employer to whom the reference relates and that-
(a) the employer deliberately and without reasonable excuse omitted to reply within such period as the Secretary of State may by order prescribe, or
(b) the employer's reply is evasive or equivocal,
it may draw any inference which it considers it just and equitable to draw, including an inference that the employer has contravened a term modified or included by virtue of the equality clause of the woman, or women, as respects whom the reference is made.
(7) The Secretary of State may by order-
(a) prescribe the period within which questions must be duly served in order to be admissible under subsection (3) or (5) above, and
(b) prescribe the manner in which a question, and any reply, may be duly served.
(8) This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before an employment tribunal, and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.
(9) Power to make orders under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(10) An order under this section may make different provision for different cases."
43
Union learning representatives
(1) The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) is amended as follows.
(2) After section 168 there is inserted-
"168A
Time off for union learning representatives
(1) An employer shall permit an employee of his who is-
(a) a member of an independent trade union recognised by the employer, and
(b) a learning representative of the trade union,
to take time off during his working hours for any of the following purposes.
(2) The purposes are-
(a) carrying on any of the following activities in relation to qualifying members of the trade union-
(i) analysing learning or training needs,
(ii) providing information and advice about learning or training matters,
(iii) arranging learning or training, and
(iv) promoting the value of learning or training,
(b) consulting the employer about carrying on any such activities in relation to such members of the trade union,
(c) preparing for any of the things mentioned in paragraphs (a) and (b).
(3) Subsection (1) only applies if-
(a) the trade union has given the employer notice in writing that the employee is a learning representative of the trade union, and
(b) the training condition is met in relation to him.
(4) The training condition is met if-
(a) the employee has undergone sufficient training to enable him to carry on the activities mentioned in subsection (2), and the trade union has given the employer notice in writing of that fact,
(b) the trade union has in the last six months given the employer notice in writing that the employee will be undergoing such training, or
(c) within six months of the trade union giving the employer notice in writing that the employee will be undergoing such training, the employee has done so, and the trade union has given the employer notice of that fact.
(5) Only one notice under subsection (4)(b) may be given in respect of any one employee.
(6) References in subsection (4) to sufficient training to carry out the activities mentioned in subsection (2) are to training that is sufficient for those purposes having regard to any relevant provision of a Code of Practice issued by ACAS or the Secretary of State.
(7) If an employer is required to permit an employee to take time off under subsection (1), he shall also permit the employee to take time off during his working hours for the following purposes-
(a) undergoing training which is relevant to his functions as a learning representative, and
(b) where the trade union has in the last six months given the employer notice under subsection (4)(b) in relation to the employee, undergoing such training as is mentioned in subsection (4)(a).
(8) The amount of time off which an employee is to be permitted to take under this section and the purposes for which, the occasions on which and any conditions subject to which time off may be so taken are those that are reasonable in all the circumstances having regard to any relevant provision of a Code of Practice issued by ACAS or the Secretary of State.
(9) An employee may present a complaint to an employment tribunal that his employer has failed to permit him to take time off as required by this section.
(10) In subsection (2)(a), the reference to qualifying members of the trade union is to members of the trade union-
(a) who are employees of the employer of a description in respect of which the union is recognised by the employer, and
(b) in relation to whom it is the function of the union learning representative to act as such.
(11) For the purposes of this section, a person is a learning representative of a trade union if he is appointed or elected as such in accordance with its rules."
(3) In section 169(1) (duty of employer to pay employee for time off under section 168), after "168" there is inserted "or 168A".
(4) In section 170 (duty to permit time off to take part in trade union activities), after subsection (2) there is inserted-
"(2A) The right conferred by subsection (1) does not extend to time off for the purpose of acting as, or having access to services provided by, a learning representative of a trade union.
(2B) An employer shall permit an employee of his who is a member of an independent trade union recognised by the employer in respect of that description of employee to take time off during his working hours for the purpose of having access to services provided by a person in his capacity as a learning representative of the trade union.
(2C) Subsection (2B) only applies if the learning representative would be entitled to time off under subsection (1) of section 168A for the purpose of carrying on in relation to the employee activities of the kind mentioned in subsection (2) of that section."
(5) In that section, at the end there is inserted-
"(5) For the purposes of this section-
(a) a person is a learning representative of a trade union if he is appointed or elected as such in accordance with its rules, and
(b) a person who is a learning representative of a trade union acts as such if he carries on the activities mentioned in section 168A(2) in that capacity."
(6) At the end of section 173 (provisions supplementary to section 168 to 170), there is inserted-
"(3) The Secretary of State may by order made by statutory instrument amend section 168A for the purpose of changing the purposes for which an employee may take time off under that section.
(4) No order may be made under subsection (3) unless a draft of the order has been laid before and approved by resolution of each House of Parliament."
(7) In sections 199(1) and 203(1) (powers of ACAS and Secretary of State to produce Codes of Practice), at the end there is inserted "or for purposes connected with trade union learning representatives".
(8) For section 200(3) there is substituted-
"(3) A Code containing practical guidance-
(a) on the time off to be permitted to a trade union learning representative in accordance with section 168A (time off for training and carrying out functions as a learning representative),
(b) on the training that is sufficient to enable a trade union learning representative to carry on the activities mentioned in section 168A(2) (activities for which time off is to be permitted), or
(c) on any of the matters referred to in section 199(2),
shall not be issued unless the draft has been approved by a resolution of each House of Parliament; and if it is so approved, ACAS shall issue the Code in the form of the draft."
44
Dismissal procedures agreements
In section 110 of the Employment Rights Act 1996 (c. 18) (dismissal procedures agreements) after subsection (3) there is inserted-
"(3A) The Secretary of State may by order amend subsection (3) so as to add to the conditions specified in that subsection such conditions as he may specify in the order."
45
Fixed-term work
(1) The Secretary of State shall make regulations-
(a) for the purpose of securing that employees in fixed-term employment are treated, for such purposes and to such extent as the regulations may specify, no less favourably than employees in permanent employment, and
(b) for the purpose of preventing abuse arising from the use of successive periods of fixed-term employment.
(2) The regulations may-
(a) specify classes of employee who are to be taken to be, or not to be, in fixed-term employment;
(b) specify classes of employee who are to be taken to be, or not to be, in permanent employment;
(c) specify circumstances in which employees in fixed-term employment are to be taken to be, or not to be, treated less favourably than employees in permanent employment;
(d) specify circumstances in which periods of fixed-term employment are to be taken to be, or not to be, successive;
(e) specify circumstances in which fixed-term employment is to have effect as permanent employment;
(f) make provision which has effect in relation to employees in fixed-term employment generally or provision which has effect only in relation to specified classes of employee in fixed-term employment.
(3) The regulations may-
(a) confer jurisdiction (including exclusive jurisdiction) on employment tribunals;
(b) provide for specified obligations not to apply in specified circumstances;
(c) make provision about notices or information to be given, evidence to be produced and other procedures to be followed;
(d) amend, apply with or without modifications, or make provision similar to any provision of-
(i) the Employment Rights Act 1996 (c. 18) (including, in particular, Parts 5, 10 and 13),
(ii) the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), or
(iii) the Social Security Contributions and Benefits Act 1992 (c. 4);
(e) provide for the provisions of specified agreements to have effect in place of provisions of the regulations to such extent and in such circumstances as may be specified.
(4) Without prejudice to the generality of this section, the regulations may make any provision in relation to employees which appears to the Secretary of State to be necessary or expedient-
(a) for the purpose of implementing Council Directive 99/70/EC on the framework agreement on fixed-term work in its application to terms and conditions of employment;
(b) for the purpose of dealing with any matter arising out of or related to the United Kingdom's obligations under that Directive;
(c) for the purpose of any matter dealt with by the framework agreement or for the purpose of applying the provisions of the framework agreement to any matter relating to fixed term workers.
(5) In its application to this section, section 51(1)(b) includes power to amend an enactment.
(6) In this section-
(a) "employee" means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment, and
(b) "contract of employment" means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.
46
Fixed-term work: Northern Ireland
(1) The Department for Employment and Learning shall make regulations-
(a) for the purpose of securing that employees in fixed-term employment are treated, for such purposes and to such extent as the regulations may specify, no less favourably than employees in permanent employment, and
(b) for the purpose of preventing abuse arising from the use of successive periods of fixed-term employment.
(2) The regulations may-
(a) specify classes of employee who are to be taken to be, or not to be, in fixed-term employment;
(b) specify classes of employee who are to be taken to be, or not to be, in permanent employment;
(c) specify circumstances in which employees in fixed-term employment are to be taken to be, or not to be, treated less favourably than employees in permanent employment;
(d) specify circumstances in which periods of fixed-term employment are to be taken to be, or not to be, successive;
(e) specify circumstances in which fixed-term employment is to have effect as permanent employment;
(f) make provision which has effect in relation to employees in fixed-term employment generally or provision which has effect only in relation to specified classes of employee in fixed-term employment.
(3) The regulations may-
(a) confer jurisdiction (including exclusive jurisdiction) on industrial tribunals;
(b) provide for specified obligations not to apply in specified circumstances;
(c) make provision about notices or information to be given, evidence to be produced and other procedures to be followed;
(d) amend, apply with or without modifications, or make provision similar to any provision of-
(i) the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919) (including, in particular, Parts 6, 11 and 15),
(ii) the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)), or
(iii) the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);
(e) provide for the provisions of specified agreements to have effect in place of provisions of the regulations to such extent and in such circumstances as may be specified.
(4) Without prejudice to the generality of this section, the regulations may make any provision in relation to employees which appears to the Department for Employment and Learning to be necessary or expedient-
(a) for the purpose of implementing Council Directive 99/70/EC on the framework agreement on fixed-term work in its application to terms and conditions of employment;
(b) for the purpose of dealing with any matter arising out of or related to the United Kingdom's obligations under that Directive;
(c) for the purpose of any matter dealt with by the framework agreement or for the purpose of applying the provisions of the framework agreement to any matter relating to fixed term workers.
(5) Power to make regulations under this section includes power-
(a) to make different provision for different cases or circumstances;
(b) to make such incidental, supplementary, consequential or transitional provision as the Department for Employment and Learning thinks fit, including provision amending an enactment.
(6) Power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(7) Regulations under this section shall not be made unless a draft of them has been laid before and approved by resolution of the Northern Ireland Assembly.
(8) In this section-
(a) "employee" means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment, and
(b) "contract of employment" means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.
47
Flexible working
(1) The Employment Rights Act 1996 (c. 18) is amended as follows.
(2) After Part 8 there is inserted-
"PART 8A
FLEXIBLE WORKING
80F
Statutory right to request contract variation
(1) A qualifying employee may apply to his employer for a change in his terms and conditions of employment if-
(a) the change relates to-
(i) the hours he is required to work,
(ii) the times when he is required to work,
(iii) where, as between his home and a place of business of his employer, he is required to work, or
(iv) such other aspect of his terms and conditions of employment as the Secretary of State may specify by regulations, and
(b) his purpose in applying for the change is to enable him to care for someone who, at the time of application, is a child in respect of whom he satisfies such conditions as to relationship as the Secretary of State may specify by regulations.
(2) An application under this section must-
(a) state that it is such an application,
(b) specify the change applied for and the date on which it is proposed the change should become effective,
(c) explain what effect, if any, the employee thinks making the change applied for would have on his employer and how, in his opinion, any such effect might be dealt with, and
(d) explain how the employee meets, in respect of the child concerned, the conditions as to relationship mentioned in subsection (1)(b).
(3) An application under this section must be made before the fourteenth day before the day on which the child concerned reaches the age of six or, if disabled, eighteen.
(4) If an employee has made an application under this section, he may not make a further application under this section to the same employer before the end of the period of twelve months beginning with the date on which the previous application was made.
(5) The Secretary of State may by regulations make provision about-
(a) the form of applications under this section, and
(b) when such an application is to be taken as made.
(6) The Secretary of State may by order substitute a different age for the first of the ages specified in subsection (3).
(7) In subsection (3), the reference to a disabled child is to a child who is entitled to a disability living allowance within the meaning of section 71 of the Social Security Contributions and Benefits Act 1992 (c. 4).
(8) For the purposes of this section, an employee is-
(a) a qualifying employee if he-
(i) satisfies such conditions as to duration of employment as the Secretary of State may specify by regulations, and
(ii) is not an agency worker;
(b) an agency worker if he is supplied by a person ("the agent") to do work for another ("the principal") under a contract or other arrangement made between the agent and the principal.
80G
Employer's duties in relation to application under section 80F
(1) An employer to whom an application under section 80F is made-
(a) shall deal with the application in accordance with regulations made by the Secretary of State, and
(b) shall only refuse the application because he considers that one or more of the following grounds applies-
(i) the burden of additional costs,
(ii) detrimental effect on ability to meet customer demand,
(iii) inability to re-organise work among existing staff,
(iv) inability to recruit additional staff,
(v) detrimental impact on quality,
(vi) detrimental impact on performance,
(vii) insufficiency of work during the periods the employee proposes to work,
(viii) planned structural changes, and
(ix) such other grounds as the Secretary of State may specify by regulations.
(2) Regulations under subsection (1)(a) shall include-
(a) provision for the holding of a meeting between the employer and the employee to discuss an application under section 80F within twenty eight days after the date the application is made;
(b) provision for the giving by the employer to the employee of notice of his decision on the application within fourteen days after the date of the meeting under paragraph (a);
(c) provision for notice under paragraph (b) of a decision to refuse the application to state the grounds for the decision;
(d) provision for the employee to have a right, if he is dissatisfied with the employer's decision, to appeal against it within fourteen days after the date on which notice under paragraph (b) is given;
(e) provision about the procedure for exercising the right of appeal under paragraph (d), including provision requiring the employee to set out the grounds of appeal;
(f) provision for notice under paragraph (b) to include such information as the regulations may specify relating to the right of appeal under paragraph (d);
(g) provision for the holding, within fourteen days after the date on which notice of appeal is given by the employee, of a meeting between the employer and the employee to discuss the appeal;
(h) provision for the employer to give the employee notice of his decision on any appeal within fourteen days after the date of the meeting under paragraph (g);
(i) provision for notice under paragraph (h) of a decision to dismiss an appeal to state the grounds for the decision;
(j) provision for a statement under paragraph (c) or (i) to contain a sufficient explanation of the grounds for the decision;
(k) provision for the employee to have a right to be accompanied at meetings under paragraph (a) or (g) by a person of such description as the regulations may specify;
(l) provision for postponement in relation to any meeting under paragraph (a) or (g) which a companion under paragraph (k) is not available to attend;
(m) provision in relation to companions under paragraph (k) corresponding to section 10(6) and (7) of the Employment Relations Act 1999 (c. 26) (right to paid time off to act as companion, etc.);
(n) provision, in relation to the rights under paragraphs (k) and (l), for the application (with or without modification) of sections 11 to 13 of the Employment Relations Act 1999 (provisions ancillary to right to be accompanied under section 10 of that Act).
(3) Regulations under subsection (1)(a) may include-
(a) provision for any requirement of the regulations not to apply where an application is disposed of by agreement or withdrawn;
(b) provision for extension of a time limit where the employer and employee agree, or in such other circumstances as the regulations may specify;
(c) provision for applications to be treated as withdrawn in specified circumstances;
and may make different provision for different cases.
(4) The Secretary of State may by order amend subsection (2).
80H
Complaints to employment tribunals
(1) An employee who makes an application under section 80F may present a complaint to an employment tribunal-
(a) that his employer has failed in relation to the application to comply with section 80G(1), or
(b) that a decision by his employer to reject the application was based on incorrect facts.
(2) No complaint under this section may be made in respect of an application which has been disposed of by agreement or withdrawn.
(3) In the case of an application which has not been disposed of by agreement or withdrawn, no complaint under this section may be made until the employer-
(a) notifies the employee of a decision to reject the application on appeal, or
(b) commits a breach of regulations under section 80G(1)(a) of such description as the Secretary of State may specify by regulations.
(4) No complaint under this section may be made in respect of failure to comply with provision included in regulations under subsection (1)(a) of section 80G because of subsection (2)(k), (l) or (m) of that section.
(5) An employment tribunal shall not consider a complaint under this section unless it is presented-
(a) before the end of the period of three months beginning with the relevant date, or
(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
(6) In subsection (5)(a), the reference to the relevant date is-
(a) in the case of a complaint permitted by subsection (3)(a), the date on which the employee is notified of the decision on the appeal, and
(b) in the case of a complaint permitted by subsection (3)(b), the date on which the breach concerned was committed.
80I
Remedies
(1) Where an employment tribunal finds a complaint under section 80H well-founded it shall make a declaration to that effect and may-
(a) make an order for reconsideration of the application, and
(b) make an award of compensation to be paid by the employer to the employee.
(2) The amount of compensation shall be such amount, not exceeding the permitted maximum, as the tribunal considers just and equitable in all the circumstances.
(3) For the purposes of subsection (2), the permitted maximum is such number of weeks' pay as the Secretary of State may specify by regulations.
(4) Where an employment tribunal makes an order under subsection (1)(a), section 80G, and the regulations under that section, shall apply as if the application had been made on the date of the order."
(3) After section 47C there is inserted-
"47D
Flexible working
(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the employee-
(a) made (or proposed to make) an application under section 80F,
(b) exercised (or proposed to exercise) a right conferred on him under section 80G,
(c) brought proceedings against the employer under section 80H, or
(d) alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.
(2) This section does not apply where the detriment in question amounts to dismissal within the meaning of Part 10."
(4) After section 104B there is inserted-
"104C
Flexible working
An employee who is dismissed shall 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) made (or proposed to make) an application under section 80F,
(b) exercised (or proposed to exercise) a right conferred on him under section 80G,
(c) brought proceedings against the employer under section 80H, or
(d) alleged the existence of any circumstance which would constitute a ground for bringing such proceedings."
48
Rate of maternity allowance
(1) In section 35A of the Social Security Contributions and Benefits Act 1992 (c. 4) (appropriate weekly rate of maternity allowance)-
(a) for subsections (1) to (3) there is substituted-
"(1) For the purposes of section 35(1) above the appropriate weekly rate is (subject to subsection (5A) below) whichever is the lower rate of-
(a) a weekly rate equivalent to 90 per cent of the woman's average weekly earnings; and
(b) the weekly rate for the time being prescribed under section 166(1)(b) below.";
(b) in paragraph (c)(i) of subsection (5), for "the lower earnings limit" there is substituted "an amount 90 per cent of which is equal to the weekly rate prescribed under section 166(1)(b) below that is"; and
(c) after that subsection there is inserted-
"(5A) Where subsection (5B) below applies the appropriate weekly rate is the weekly rate for the time being prescribed under section 166(1)(b) below.
(5B) This subsection applies where a woman is treated by virtue of regulations under sub-paragraph (i) of paragraph (c) of subsection (5) above as having received a payment in respect of each week in the specified period equal to the amount mentioned in that sub-paragraph."
(2) In relation to any time before the coming into force of section 19, the reference to section 166(1)(b) of the Social Security Contributions and Benefits Act 1992 (c. 4) in section 35A(5)(c)(i) of that Act (as amended by subsection (1)(b) above) is a reference to section 166(3) of that Act.
49
Work-focused interviews for partners
After section 2A of the Social Security Administration Act 1992 (c. 5) (claim or full entitlement to certain benefits conditional on work-focused interview), there is inserted-
"2AA
Full entitlement to certain benefits conditional on work-focused interview for partner
(1) Regulations may make provision for or in connection with imposing, at a time when-
(a) a person ("the claimant") who-
(i) is under the age of 60, and
(ii) has a partner who is also under that age,
is entitled to a benefit to which this section applies at a higher rate referable to his partner, and
(b) prescribed circumstances exist,
a requirement for the partner to take part in a work-focused interview as a condition of the benefit continuing to be payable to the claimant at that rate.
(2) The benefits to which this section applies are-
(a) income support;
(b) an income-based jobseeker's allowance other than a joint-claim jobseeker's allowance;
(c) incapacity benefit;
(d) severe disablement allowance; and
(e) invalid care allowance.
(3) For the purposes of this section a benefit is payable to a person at a higher rate referable to his partner if the amount that is payable in his case-
(a) is more than it would be if the person concerned was not a member of a couple; or
(b) includes an increase of benefit for his partner as an adult dependant of his.
(4) Regulations under this section may, in particular, make provision-
(a) for securing, where the partner of the claimant would otherwise be required to take part in work-focused interviews relating to two or more benefits-
(i) that the partner is required instead to take part in only one such interview; and
(ii) that the interview is capable of counting for the purposes of all those benefits;
(b) in a case where the claimant has more than one partner, for determining which of those partners is required to take part in the work-focused interview or requiring each of them to take part in such an interview;
(c) for determining the persons by whom work-focused interviews are to be conducted;
(d) conferring power on such persons or the designated authority to determine when and where work-focused interviews are to take place (including power in prescribed circumstances to determine that they are to take place in the homes of those being interviewed);
(e) prescribing the circumstances in which partners attending work-focused interviews are to be regarded as having or not having taken part in them;
(f) for securing that if-
(i) a partner who has been notified of a requirement to take part in a work-focused interview fails to take part in it, and
(ii) it is not shown (by him or by the claimant), within the prescribed period, that he had good cause for that failure,
the amount payable to the claimant in respect of the benefit in relation to which the requirement applied is to be reduced by the specified amount until the specified time;
(g) prescribing-
(i) matters which are or are not to be taken into account in determining whether a partner does or does not have good cause for any failure to comply with the regulations; or
(ii) circumstances in which a partner is or is not to be regarded as having or not having good cause for any such failure.
(5) Regulations under this section may, in relation to a reduction under subsection (4)(f), provide-
(a) for the amount of the reduction to be calculated in the first instance by reference to such amount as may be prescribed;
(b) for the amount as so calculated to be restricted, in prescribed circumstances, to the prescribed extent;
(c) where the claimant is entitled to two or more benefits in relation to each of which a requirement to take part in a work-focused interview applied, for determining the extent to, and the order in, which those benefits are to be reduced in order to give effect to the reduction required in his case.
(6) Regulations under this section may provide that any requirement to take part in a work-focused interview that would otherwise apply to a partner by virtue of the regulations-
(a) is, in any prescribed circumstances, either not to apply or not to apply until the specified time;
(b) is not to apply if the designated authority determines that such an interview would not be of assistance to him or appropriate in the circumstances;
(c) is not to apply until such time as the designated authority determines (if that authority determines that such an interview would not be of assistance to him or appropriate in the circumstances until that time);
and the regulations may make provision for treating a partner to whom any such requirement does not apply, or does not apply until a particular time, as having complied with that requirement to such extent and for such purposes as are specified.
(7) In this section-
"couple" means a married or unmarried couple (within the meaning of Part 7 of the Contributions and Benefits Act);
"designated authority" means such of the following as may be specified, namely-
(a) the Secretary of State,
(b) a person providing services to the Secretary of State,
(c) a local authority, and
(d) a person providing services to, or authorised to exercise any function of, a local authority;
"partner" means a person who is a member of the same couple as the claimant;
"specified" means prescribed by or determined in accordance with regulations; and
"work-focused interview" has the same meaning as in section 2A above."
50
Use of information for, or relating to, employment and training
Schedule 6 (which contains provision for the use of information for, or relating to, employment and training) has effect.
General
51
Orders and regulations
(1) Any power of the Secretary of State to make orders or regulations under this Act includes power-
(a) to make different provision for different cases or circumstances;
(b) to make such incidental, supplementary, consequential or transitional provision as the Secretary of State thinks fit.
(2) Any power of the Secretary of State to make orders or regulations under this Act is exercisable by statutory instrument.
(3) No order may be made under this Act unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
(4) No regulations may be made under section 30, 31, 32, 33 or 45 unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.
(5) A statutory instrument containing regulations under any other provision of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) This section does not apply to orders under section 55(2).
52
Financial provisions
(1) There shall be paid out of money provided by Parliament-
(a) any expenses incurred by a Minister of the Crown or government department in consequence of this Act, and
(b) any increase attributable to this Act in the sums so provided under any other Act.
(2) There shall be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other Act.
53
Minor and consequential amendments
Schedule 7 (which makes minor and consequential amendments) has effect.
54
Repeals and revocations
The enactments and instruments specified in Schedule 8 are hereby repealed or revoked to the extent specified there.
55
Short title etc.
(1) This Act may be cited as the Employment Act 2002.
(2) This Act, except sections 45, 46, 51 and 52 and this section, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes.
(3) An order under subsection (2) may contain such transitional provisions and savings as the Secretary of State considers necessary or expedient in connection with the coming into force of any of the provisions of this Act.
(4) The Secretary of State may by regulations make such transitional provisions and savings as he considers necessary or expedient for the purposes of or in connection with-
(a) the coming into force of section 19 or 48, or Schedule 7 so far as relating to any amendment made in consequence of either of those sections; or
(b) the operation of any enactment amended by any of those provisions during any period when the amendment is not wholly in force.
(5) Subject to subsections (6) and (7), this Act extends to England and Wales and Scotland only.
(6) The following provisions also extend to Northern Ireland-
(a) section 5;
(b) sections 13 to 15, and section 16 so far as relating thereto;
(c) paragraphs 1, 4, 9 and 10 of Schedule 6, and section 50 so far as relating thereto;
(d) sections 51 and 52;
(e) paragraphs 1, 50, 52 and 53 of Schedule 7, and section 53 so far as relating thereto;
(f) Schedule 8, so far as relating to the repeal of section 3(3) of the Social Security Act 1998 (c. 14), and section 54 so far as relating thereto;
(g) this section.
(7) The following provisions extend to Northern Ireland only-
(a) sections 21(2) and 46;
(b) paragraphs 7, 8, 12 and 14 of Schedule 6, and section 50 so far as relating thereto;
(c) paragraph 17 of Schedule 7, and section 53 so far as relating thereto;
(d) Schedule 8, so far as relating to-
(i) the repeal in the Social Security Administration (Northern Ireland) Act 1992 (c. 8), and
(ii) the revocations in the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)) and the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671),
and section 54 so far as relating thereto.
(8) In sections 5 and 13 to 15 and paragraph 53 of Schedule 7, references to statutory paternity pay or statutory adoption pay include statutory pay under Northern Ireland legislation corresponding to Part 12ZA or Part 12ZB of the Social Security Contributions and Benefits Act 1992 (c. 4).
Employment Act 2002 is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO. Publishing Rights: Coddan CPM Core Licence (HMSO) number is C02W0007897 issued on 25 November 2005 by HMSO Licensing Division (Core Licence.pdf Licence to reproduce public sector information).
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