UK 1996 Employment Rights Act 1996 Official.pdf - Changes to legislation Employment Rights Act 1996 is up to date with all changes known to be in force

UK 1996 Employment Rights Act 1996 Official.pdf - Changes...

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Unformatted text preview: Changes to legislation: Employment Rights Act 1996 is up to date with all changes known to be in force on or before 27 September 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) Employment Rights Act 1996 1996 CHAPTER 18 An 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:— Annotations: Extent Information 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 Modifications etc. (not altering text) 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 ; 2 Employment Rights Act 1996 (c. 18) Document Generated: 2018-09-27 Changes to legislation: Employment Rights Act 1996 is up to date with all changes known to be in force on or before 27 September 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) C2 S.I. 2000/1173 , art. 2(2)(b) 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) ; Employment Rights Act 1996 (c. 18) Document Generated: 2018-09-27 Changes to legislation: Employment Rights Act 1996 is up to date with all changes known to be in force on or before 27 September 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) 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 , 3 4 Employment Rights Act 1996 (c. 18) Document Generated: 2018-09-27 Changes to legislation: Employment Rights Act 1996 is up to date with all changes known to be in force on or before 27 September 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) 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) ; Employment Rights Act 1996 (c. 18) Document Generated: 2018-09-27 Changes to legislation: Employment Rights Act 1996 is up to date with all changes known to be in force on or before 27 September 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) 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 ) 5 6 Employment Rights Act 1996 (c. 18) Document Generated: 2018-09-27 Changes to legislation: Employment Rights Act 1996 is up to date with all changes known to be in force on or before 27 September 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) C3 Act modified (S.) (prosp.) by 2001 asp 10 , ss. 86(3) , 113(1) 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 ); Employment Rights Act 1996 (c. 18) Document Generated: 2018-09-27 Changes to legislation: Employment Rights Act 1996 is up to date with all changes known to be in force on or before 27 September 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) C4 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) 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) 7 8 Employment Rights Act 1996 (c. 18) Document Generated: 2018-09-27 Changes to legislation: Employment Rights Act 1996 is up to date with all changes known to be in force on or before 27 September 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) C5 C6 C7 C8 C9 , 55(2) 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 ) 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) 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. 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) Act modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317) , Employment Rights Act 1996 (c. 18) Part I – Employment particulars Document Generated: 2018-09-27 Changes to legislation: Employment Rights Act 1996 is up to date with all changes known to be in force on or before 27 September 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) 9 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) Commencement Information I1 I2 I3 Act not in force at Royal Assent: see s. 243 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. 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. PART I EMPLOYMENT PARTICULARS Right to statements of employment particulars 1 Statement of initial employment particulars. (1) Where an employee begins employment with an employer, the employer shall give to the employee a written statement of particulars of employment. (2) The statement may (subject to section 2(4)) be given in instalments and (whether or not given in instalments) shall be given not later than two months after the beginning of the employment. (3) The statement shall contain particulars of— (a) the names of the employer and employee, (b) the date when the employment began, and 10 Employment Rights Act 1996 (c. 18) Part I – Employment particulars Document Generated: 2018-09-27 Changes to legislation: Employment Rights Act 1996 is up to date with all changes known to be in force on or before 27 September 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) (c) the date on which the employee’s period of continuous employment began (taking into account any employment with a previous employer which counts towards that period). (4) The statement shall also contain particulars, as at a specified date not more than seven days before the statement (or the instalment containing them) is given, of— (a) the scale or rate of remuneration or the method of calculating remuneration, (b) the intervals at which remuneration is paid (that is, weekly, monthly or other specified intervals), (c) any terms and conditions relating to hours of work (including any terms and conditions relating to normal working hours), (d) any terms and conditions relating to any of the following— (i) entitlement to holidays, including public holidays, and holiday pay (the particulars given being sufficient to enable the employee’s entitlement, including any entitlement to accrued holiday pay on the termination of employment, to be precisely calculated), (ii) incapacity for work due to sickness or injury, including any provision for sick pay, and (iii) pensions and pension schemes, (e) the length of notice which the employee is obliged to give and entitled to receive to terminate his contract of employment, (f) the title of the job which the employee is employed to do or a brief description of the work for which he is employed, (g) where the employment is not intended to be permanent, the period for which it is expected to continue or, if it is for a fixed term, the date when it is to end, (h) either the place of work or, where the employee is required or permitted to work at various places, an indication of that and of the address of the employer, (j) any collective agreements which directly affect the terms and conditions of the employment including, where the employer is not a party, the persons by whom they were made, and (k) where the employee is required to work outside the United Kingdom for a period of more than one month— (i) the period for which he is to work outside the United Kingdom, (ii) the currency in which remuneration is to be paid while he is working outside the United Kingdom, (iii) any additional remuneration payable to him, and any benefits to be provided to or in respect of him, by reason of his being required to work outside the United Kingdom, and (iv) any terms and conditions relating to his return to the United Kingdom. (5) Subsection (4)(d)(iii) does not apply to an employee of a body or authority if— (a) the employee’s pension rights depend on the terms of a pension scheme established under any provision contained in or having effect under any Act, and (b) any such provision requires the body or authority to give to a new employee information concerning the employee’s pension rights or the determination of questions affecting those rights. Employment Rights Act 1996 (c. 18) Part I – Employment particulars Document Generated: 2018-09-27 Changes to legislation: Employment Rights Act 1996 is up to date with all changes known to be in force on or before 27 September 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) 2 11 Statement of initial particulars: supplementary. (1) If, in the case of a statement under section 1, there are no particulars to be entered under any of the heads of paragraph (d) or (k) of subsection (4) of that section, or under any of the other paragraphs of subsection (3) or (4) of that section, that fact shall be stated. (2) A statement under section 1 may refer the employee for particulars of any of the matters specified in subsection (4)(d)(ii) and (iii) of that section to the provisions of some other document which is reasonably accessible to the employee. (3) A statement under section 1 may refer the employee for particulars of either of the matters specified in subsection (4)(e) of that section to the law or to the provisions of any collective agreement directly affecting the terms and conditions of the employment which is reasonably accessible to the employee. (4) The particulars required by section 1(3) and (4)(a) to (c), (d)(i), (f) and (h) shall be included in a single document. (5) Where before the end of the period of two months after the beginning of an employee’s employment the employee is to begin to work outside the United Kingdom for a period of more than one month, the statement under section 1 shall be given to him not later than the time when he leaves the United Kingdom in order to begin so to work. (6) A statement shall be given to a person under section 1 even if his employment ends before the end of the period within which the statement is required to be given. 3 Note about disciplinary procedures and pensions. (1) A statement under section 1 shall include a note— (a) specifying any disciplinary rules applicable to the employee or referring the employee to the provisions of a document specifying such rules which is reasonably accessible to the employee, F1 [ (aa) specifying any procedure applicable to the taking of disciplinary decisions relating to the employee, or to a decision to dismiss the employee, or referring the employee to the provisions of a document specifying such a procedure which is reasonably accessible to the employee,] (b) specifying (by description or otherwise)— (i) a person to whom the employee can apply if dissatisfied with any disciplinary decision relating to him [F2or any decision to dismiss him] , and (ii) a person to whom the employee can apply for the purpose of seeking redress of any grievance relating to his employment, and the manner in which any such application should be made, and (c) where there are further steps consequent on any such application, explaining those steps or referring to the provisions of a document explaining them which is reasonably accessible to the employee. (2) Subsection (1) does not apply to rules, disciplinary decisions, [F3decisions to dismiss] grievances or procedures relating to health or safety at work. (3) F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Employment Rights Act 1996 (c. 18) Part I – Employment particulars Document Generated: 2018-09-27 Changes to legislation: Employment Rights Act 1996 is up to date with all changes known to be in force on or before 27 September 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) Annotations: Amendments (Textual) F1 F2 F3 F4 S. 3(1)(aa) inserted (1.10.2004) by Employment Act 2002 (c. 22) , ss. 35(2) , 55(2) ; S.I. 2004/1717 , art. 2(2) (subject to art. 3 ) Words in s. 3(1)(b)(i) inserted (1.10.2004) by Employment Act 2002 (c. 22) , ss. 35(3) , 55(2) ; S.I. 2004/1717 , art. 2(2) (subject to art. 3 ) Words in s. 3(2) inserted (1.10.2004) by Employment Act 2002 (c. 22) , ss. 35(4) , 55(2) ; S.I. 2004/1717 , art. 2(2) (subject to art. 3 ) S. 3(3)(4) repealed (1.11.2004) by Employment Act 2002 (c. 22) , ss. 36 , 54 , 55(2) , Sch. 8 Employment Rights Act 1996 (c. 18) Part I – Employment particulars Document Generated: 2018-09-27 Changes to legislation: Employment Rights Act 1996 is up to date with all changes known to be in force on or before 27 September 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) F5 4 13 ; S.I. 2004/1717 , art. 2(2) (subject to art. 3 ); S.I. 2004/2822 , art. 2(b) S. 3(5) omitted (6.4.2016 unless brought into force earlier by an order under s. 56(1) of the amending Act) by virtue of Pensions Act 2014 (c. 19) , s. 56(4) , Sch. 13 para. 67 Statement of changes. (1) If, after the material date, there is a change in any of the matters particulars of which are required by sections 1 to 3 to be included or referred to in a statement under section 1, the employer shall give to the employee a written statement containing particulars of the change. (2) For the purposes of subsection (1)— (a) in relation to a matter particulars of which are included or referred to in a statement given under section 1 otherwise than in instalments, the material date is the date to which the statement relates, (b) in relation to a matter particulars of which— (i) are included or referred to in an instalment of a statement given under section 1, or (ii) are required by section 2(4) to be included in a single document but are not included in an instalment of a statement given under section 1 which does include other particulars to which that provision applies, the material date is the date to which the instalment relates, and (c) in relation to any other matter, the material date is the date by which a statement under section 1 is required to be given. (3) A statement under subsection (1) shall be given at the earliest opportunity and, in any event, not later than— (a) one month after the change in question, or (b) where that change results from the employee being required to work outside the United Kingdom for a period of more than one month, the time when he leaves the United Kingdom in order to begin so to work, if that is earlier. (4) A statement under subsection (1) may refer the employee to the provisions of some other document which is reasonably accessible to the employee for a change in any of the matters specified in sections 1(4)(d)(ii) and (iii) and 3(1)(a) and (c). 14 Employment Rights Act 1996 (c. 18) Part I – Employment particulars Document Generated: 2018-09-27 Changes to legislation: Employment ...
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