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Royal ArmsEmployment Rights Act 1996

1996 Chapter 18


 

© Crown Copyright 1996

Acts of Parliament printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

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The text of this Internet version of the Act is published by the Queen's Printer of Acts of Parliament and has been prepared to reflect the text as it received Royal Assent. A print version is also available and is published by The Stationery Office Limited as the Employment Rights Act 1996 , ISBN 0 10 541896 X.

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 Employment Rights Act 1996

1996 Chapter 18

 
 
ARRANGEMENT OF SECTIONS

PART I
EMPLOYMENT PARTICULARS
Right to statements of employment particulars
Section. 
1.Statement of initial employment particulars.
2.Statement of initial particulars: supplementary.
3.Note about disciplinary procedures and pensions.
4.Statement of changes.
5.Exclusion from rights to statements.
6.Reasonably accessible document or collective agreement.
7.Power to require particulars of further matters.

Right to itemised pay statement
8.Itemised pay statement.
9.Standing statement of fixed deductions.
10.Power to amend provisions about pay and standing statements.

Enforcement
11.References to industrial tribunals.
12.Determination of references.

PART II
PROTECTION OF WAGES
Deductions by employer
13.Right not to suffer unauthorised deductions.
14.Excepted deductions.

Payments to employer
15.Right not to have to make payments to employer.
16.Excepted payments.

Cash shortages and stock deficiencies in retail employment
17.Introductory.
18.Limits on amount and time of deductions.
19.Wages determined by reference to shortages etc.
20.Limits on method and timing of payments.
21.Limit on amount of payments.
22.Final instalments of wages.

Enforcement
23.Complaints to industrial tribunals.
24.Determination of complaints.
25.Determinations: supplementary.
26.Complaints and other remedies.

Supplementary
27.Meaning of "wages" etc.

PART III
GUARANTEE PAYMENTS
28.Right to guarantee payment.
29.Exclusions from right to guarantee payment.
30.Calculation of guarantee payment.
31.Limits on amount of and entitlement to guarantee payment.
32.Contractual remuneration.
33.Power to modify provisions about guarantee payments.
34.Complaints to industrial tribunals.
35.Exemption orders.

PART IV
SUNDAY WORKING FOR SHOP AND BETTING WORKERS
Protected shop workers and betting workers
36.Protected shop workers and betting workers.
37.Contractual requirements relating to Sunday work.
38.Contracts with guaranteed hours.
39.Reduction of pay etc.

Opting-out of Sunday work
40.Notice of objection to Sunday working.
41.Opted-out shop workers and betting workers.
42.Explanatory statement.
43.Contractual requirements relating to Sunday work.

PART V
PROTECTION FROM SUFFERING DETRIMENT IN EMPLOYMENT
Rights not to suffer detriment
44.Health and safety cases.
45.Sunday working for shop and betting workers.
46.Trustees of occupational pension schemes.
47.Employee representatives.

Enforcement
48.Complaints to industrial tribunals.
49.Remedies.

PART VI
TIME OFF WORK
Public duties
50.Right to time off for public duties.
51.Complaints to industrial tribunals.

Looking for work and making arrangements for training
52.Right to time off to look for work or arrange training.
53.Right to remuneration for time off under section 52.
54.Complaints to industrial tribunals.

Ante-natal care
55.Right to time off for ante-natal care.
56.Right to remuneration for time off under section 55.
57.Complaints to industrial tribunals.

Occupational pension scheme trustees
58.Right to time off for pension scheme trustees.
59.Right to payment for time off under section 58.
60.Complaints to industrial tribunals.

Employee representatives
61.Right to time off for employee representatives.
62.Right to remuneration for time off under section 61.
63.Complaints to industrial tribunals.

PART VII
SUSPENSION FROM WORK
Suspension on medical grounds
64.Right to remuneration on suspension on medical grounds.
65.Exclusions from right to remuneration.

Suspension on maternity grounds
66.Meaning of suspension on maternity grounds.
67.Right to offer of alternative work.
68.Right to remuneration.

General
69.Calculation of remuneration.
70.Complaints to industrial tribunals.

PART VIII
MATERNITY RIGHTS
General right to maternity leave
71.General right to maternity leave.
72.Commencement of maternity leave period.
73.Duration of maternity leave period.
74.Requirement to notify commencement of leave.
75.Requirement to notify pregnancy etc.
76.Requirement to notify return during maternity leave period.
77.Redundancy during maternity leave period.
78.Contractual rights to maternity leave.

Right to return to work
79.Right to return to work.
80.Requirement to notify return.
81.Redundancy before return.
82.Exercise of right to return.
83.Notified day of return.
84.Employee dismissed at or after end of maternity leave period.
85.Contractual rights to return.

PART IX
TERMINATION OF EMPLOYMENT
Minimum period of notice
86.Rights of employer and employee to minimum notice.
87.Rights of employee in period of notice.
88.Employments with normal working hours.
89.Employments without normal working hours.
90.Short-term incapacity benefit and industrial injury benefit.
91.Supplementary.

Written statement of reasons for dismissal
92.Right to written statement of reasons for dismissal.
93.Complaints to industrial tribunal.

PART X
UNFAIR DISMISSAL
CHAPTER I
RIGHT NOT TO BE UNFAIRLY DISMISSED
The right
94.The right.

Dismissal
95.Circumstances in which an employee is dismissed.
96.Failure to permit return after childbirth treated as dismissal.
97.Effective date of termination.

Fairness
98.General.
99.Pregnancy and childbirth.
100.Health and safety cases.
101.Shop workers and betting workers who refuse Sunday work.
102.Trustees of occupational pension schemes.
103.Employee representatives.
104.Assertion of statutory right.
105.Redundancy.
106.Replacements.
107.Pressure on employer to dismiss unfairly.

Exclusion of right
108.Qualifying period of employment.
109.Upper age limit.
110.Dismissal procedures agreements.

CHAPTER II
REMEDIES FOR UNFAIR DISMISSAL
Introductory
111.Complaints to industrial tribunal.
112.The remedies: orders and compensation.

Orders for reinstatement or re-engagement
113.The orders.
114.Order for reinstatement.
115.Order for re-engagement.
116.Choice of order and its terms.
117.Enforcement of order and compensation.

Compensation
118.General.
119.Basic award.
120.Basic award: minimum in certain cases.
121.Basic award of two weeks' pay in certain cases.
122.Basic award: reductions.
123.Compensatory award.
124.Limit of compensatory award etc.
125.Special award.
126.Acts which are both unfair dismissal and discrimination.
127.Dismissal of woman at or after end of maternity leave period.

Interim relief
128.Interim relief pending determination of complaint.
129.Procedure on hearing of application and making of order.
130.Order for continuation of contract of employment.
131.Application for variation or revocation of order.
132.Consequence of failure to comply with order.

CHAPTER III
SUPPLEMENTARY
133.Death of employer or employee.
134.Teachers in aided schools.

PART XI
REDUNDANCY PAYMENTS ETC.
CHAPTER I
RIGHT TO REDUNDANCY PAYMENT
135.The right.

CHAPTER II
RIGHT ON DISMISSAL BY REASON OF REDUNDANCY
Dismissal by reason of redundancy
136.Circumstances in which an employee is dismissed.
137.Failure to permit return after childbirth treated as dismissal.
138.No dismissal in cases of renewal of contract or re-engagement.
139.Redundancy.

Exclusions
140.Summary dismissal.
141.Renewal of contract or re-engagement.
142.Employee anticipating expiry of employer's notice.
143.Strike during currency of employer's notice.
144.Provisions supplementary to section 143.

Supplementary
145.The relevant date.
146.Provisions supplementing sections 138 and 141.

CHAPTER III
RIGHT BY REASON OF LAY-OFF OR SHORT-TIME
Lay-off and short-time
147.Meaning of "lay-off" and "short-time".
148.Eligibility by reason of lay-off or short-time.

Exclusions
149.Counter-notices.
150.Resignation.
151.Dismissal.
152.Likelihood of full employment.

Supplementary
153.The relevant date.
154.Provisions supplementing sections 148 and 152.

CHAPTER IV
GENERAL EXCLUSIONS FROM RIGHT
155.Qualifying period of employment.
156.Upper age limit.
157.Exemption orders.
158.Pension rights.
159.Public offices etc.
160.Overseas government employment.
161.Domestic servants.

CHAPTER V
OTHER PROVISIONS ABOUT REDUNDANCY PAYMENTS
162.Amount of a redundancy payment.
163.References to industrial tribunals.
164.Claims for redundancy payment.
165.Written particulars of redundancy payment.

CHAPTER VI
PAYMENTS BY SECRETARY OF STATE
166.Applications for payments.
167.Making of payments.
168.Amount of payments.
169.Information relating to applications for payments.
170.References to industrial tribunals.

CHAPTER VII
SUPPLEMENTARY
Application of Part to particular cases
171.Employment not under contract of employment.
172.Termination of employment by statute.
173.Employees paid by person other than employer.

Death of employer or employee
174.Death of employer: dismissal.
175.Death of employer: lay-off and short-time.
176.Death of employee.

Equivalent payments
177.References to industrial tribunals.

Other supplementary provisions
178.Old statutory compensation schemes.
179.Notices.
180.Offences.
181.Interpretation.

PART XII
INSOLVENCY OF EMPLOYERS
182.Employee's rights on insolvency of employer.
183.Insolvency.
184.Debts to which Part applies.
185.The appropriate date.
186.Limit on amount payable under section 182.
187.Role of relevant officer.
188.Complaints to industrial tribunals.
189.Transfer to Secretary of State of rights and remedies.
190.Power to obtain information.

PART XIII
MISCELLANEOUS
CHAPTER I

PARTICULAR TYPES OF EMPLOYMENT
Crown employment etc.
191.Crown employment.
192.Armed forces.
193.National security.

Parliamentary staff
194.House of Lords staff.
195.House of Commons staff.

Excluded classes of employment
196.Employment outside Great Britain.
197.Fixed-term contracts.
198.Short-term employment.
199.Mariners.
200.Police officers.

Offshore employment
201.Power to extend employment legislation to offshore employment.

CHAPTER II
OTHER MISCELLANEOUS MATTERS
Restrictions on disclosure of information
202.National security.

Contracting out etc. and remedies
203.Restrictions on contracting out.
204.Law governing employment.
205.Remedy for infringement of certain rights.

General provisions about death of employer or employee
206.Institution or continuance of tribunal proceedings.
207.Rights and liabilities accruing after death.

Modifications of Act
208.Review of limits.
209.Powers to amend Act.

PART XIV
INTERPRETATION
CHAPTER I
CONTINUOUS EMPLOYMENT
210.Introductory.
211.Period of continuous employment.
212.Weeks counting in computing period.
213.Intervals in employment.
214.Special provisions for redundancy payments.
215.Employment abroad etc.
216.Industrial disputes.
217.Reinstatement after military service.
218.Change of employer.
219.Reinstatement or re-engagement of dismissed employee.

CHAPTER II
A WEEK'S PAY
Introductory
220.Introductory.

Employments with normal working hours
221.General.
222.Remuneration varying according to time of work.
223.Supplementary.

Employments with no normal working hours
224.Employments with no normal working hours.

The calculation date
225.Rights during employment.
226.Rights on termination.

Maximum amount of week's pay
227.Maximum amount.

Miscellaneous
228.New employments and other special cases.
229.Supplementary.

CHAPTER III
OTHER INTERPRETATION PROVISIONS
230.Employees, workers etc.
231.Associated employers.
232.Shop workers.
233.Betting workers.
234.Normal working hours.
235.Other definitions.

PART XV
GENERAL AND SUPPLEMENTARY
General
236.Orders and regulations.
237.Financial provisions.

Reciprocal arrangements
238.Reciprocal arrangements with Northern Ireland.
239.Reciprocal arrangements with Isle of Man.

Final provisions
240.Consequential amendments.
241.Transitionals, savings and transitory provisions.
242.Repeals and revocations.
243.Commencement.
244.Extent.
245.Short title.
 

SCHEDULES:
    Schedule 1-Consequential amendments.
    Schedule 2-Transitional provisions, savings and transitory provisions.
    Part I-Transitional provisions and savings.
    Part II-Transitory provisions.
    Schedule 3-Repeals and revocations.
    Part I-Repeals.
    Part II-Revocations.
 


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Prepared 21 December 1996

Employment Rights Act 1996 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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