(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
(1) The Employment Rights Act 1996 (c. 18) is amended as follows.
(2) After Part 8 there is inserted—
Part 8A Flexible working
Statutory right to request contract variation
80F (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.
Employer’s duties in relation to application under section 80F
80G (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).
Complaints to employment tribunals
80H (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.
Remedies
80I (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—
Flexible working
47E (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—
Flexible working
104C 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.
(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.
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—
Full entitlement to certain benefits conditional on work-focused interview for partner
2AA (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—
the Secretary of State,
a person providing services to the Secretary of State,
a local authority, and
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.
(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 ... 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).
(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.
(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, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay or statutory neonatal care pay include statutory pay under Northern Ireland legislation corresponding to Part 12ZA , Part 12ZB , Part 12ZC , Part 12ZD or Part 12ZE of the Social Security Contributions and Benefits Act 1992 (c. 4).
Sections 11 and 12
Determination of penalties by officer of Board
1 (1) Subject to sub-paragraph (2) and except where proceedings have been instituted under paragraph 5, an officer of the Board authorised by the Board for the purposes of this paragraph may make a determination—
(a) imposing a penalty under section 11 or 12, and
(b) setting it at such amount as, in his opinion, is correct or appropriate.
(2) Sub-paragraph (1) does not apply to the imposition of such a penalty as is mentioned in section 11(2)(a).
(3) Notice of a determination of a penalty under this paragraph shall be served on the person liable to the penalty and shall state the date on which it is issued and the time within which an appeal against the determination may be made.
(4) After the notice of a determination under this paragraph has been served the determination shall not be altered except in accordance with this paragraph or on appeal.
(5) If it is discovered by an officer of the Board authorised by the Board for the purposes of this paragraph that the amount of a penalty determined under this paragraph is or has become insufficient, the officer may make a determination in a further amount so that the penalty is set at the amount which, in his opinion, is correct or appropriate.
Provisions supplementary to paragraph 1
2 (1) A penalty determined under paragraph 1 above shall be due and payable at the end of the period of thirty days beginning with the date of the issue of the notice of determination.
(2) Part 6 of the Taxes Management Act 1970 (c. 9) shall apply in relation to a penalty determined under paragraph 1 as if it were tax charged in an assessment and due and payable.
Appeals against penalty determinations
3 (1) An appeal may be brought against the determination of a penalty under paragraph 1.
(2) The provisions of the Taxes Management Act 1970 relating to appeals, except section 50(6) to (8), shall have effect in relation to an appeal against such a determination as they have effect in relation to an appeal against an assessment to taxexcept that references to the tribunal shall be taken to be references to the First-tier Tribunal.
(3) On an appeal by virtue of sub-paragraph (2) against the determination of a penalty under paragraph 1, the First-tier Tribunal may—
(a) if it appears ... that no penalty has been incurred, set the determination aside;
(b) if the amount determined appears ... to be appropriate, confirm the determination;
(c) if the amount determined appears ... to be excessive, reduce it to such other amount (including nil) as the tribunal considersappropriate;
(d) if the amount determined appears ... to be insufficient, increase it to such amount not exceeding the permitted maximum as the tribunal considers appropriate.
(4) In addition to any right of appeal on a point of law under section 11(2) of the Tribunals, Courts and Enforcement Act 2007, the person liable to the penalty may appeal to the Upper Tribunal against the amount of the penalty which had been determined under sub-paragraph (3), but not against any decision which falls under section 11(5)(d) or (e) of that Act and was made in connection with the determination of the amount of the penalty.
(4A) Section 11(3) and (4) of the Tribunals, Courts and Enforcement Act 2007 applies to the right of appeal under sub-paragraph (4) as it applies to the right of appeal under section 11(2) of that Act.
(4B) On an appeal under this paragraph the Upper Tribunal has the like jurisdiction as is conferred on the First-tier Tribunal by virtue of this paragraph.
Penalty proceedings before First-tier Tribunal
4 (1) An officer of the Board authorised by the Board for the purposes of this paragraph may commence proceedings for any penalty to which sub-paragraph (1) of paragraph 1 does not apply by virtue of sub-paragraph (2) of that paragraph.
(2) The person liable to the penalty shall be a party to the proceedings.
(3) Part 6 of the Taxes Management Act 1970 (c. 9) shall apply in relation to a penalty determined in proceedings under this paragraph as if it were tax charged in an assessment and due and payable.
(4) In addition to any right of appeal on a point of law under section 11(2) of the Tribunals, Courts and Enforcement Act 2007, the person liable to the penalty may appeal to the Upper Tribunal against the determination of a penalty in proceedings under sub-paragraph (1), but not against any decision which falls under section 11(5)(d) or (e) of that Act and was made in connection with the determination of the amount of the penalty.
(4A) Section 11(3) and (4) of the Tribunals, Courts and Enforcement Act 2007 applies to the right of appeal under sub-paragraph (4) as it applies to the right of appeal under section 11(2) of that Act.
(5) On any such appeal the Upper Tribunal may—
(a) if it appears that no penalty has been incurred, set the determination aside;
(b) if the amount determined appears to be appropriate, confirm the determination;
(c) if the amount determined appears to be excessive, reduce it to such other amount (including nil) as the Upper Tribunal considers appropriate;
(d) if the amount determined appears to be insufficient, increase it to such amount not exceeding the permitted maximum as the Upper Tribunal considers appropriate.
Penalty proceedings before court
5 (1) Where in the opinion of the Board the liability of any person for a penalty under section 11 or 12 arises by reason of the fraud of that or any other person, proceedings for the penalty may be instituted before the High Court or, in Scotland, the Court of Session as the Court of Exchequer in Scotland.
(2) Subject to sub-paragraph (3), proceedings under this paragraph shall be instituted—
(a) in England and Wales, in the name of the Attorney General, and
(b) in Scotland, in the name of the Advocate General for Scotland.
(3) Sub-paragraph (2) shall not prevent proceedings under this paragraph being instituted in England and Wales under the Crown Proceedings Act 1947 (c. 44) by and in the name of the Board as an authorised department for the purposes of that Act.
(4) Any proceedings under this paragraph instituted in England and Wales shall be deemed to be civil proceedings by the Crown within the meaning of Part 2 of the Crown Proceedings Act 1947.
(5) If in proceedings under this paragraph the court does not find that fraud is proved but considers that the person concerned is nevertheless liable to a penalty, the court may determine a penalty notwithstanding that, but for the opinion of the Board as to fraud, the penalty would not have been a matter for the court.
Mitigation of penalties
6 The Board may in their discretion mitigate any penalty under section 11 or 12, or stay or compound any proceedings for a penalty, and may also, after judgment, further mitigate or entirely remit the penalty.
Time limits for penalties
7 A penalty under section 11 or 12 may be determined by an officer of the Board, or proceedings for the penalty may be commenced before the tribunal or the court, at any time within six years after the date on which the penalty was incurred or began to be incurred.
Interest on penalties
8 (1) After paragraph (p) of section 178(2) of the Finance Act 1989 (c. 26) (setting rates of interest) there shall be inserted—
(q) paragraph 8 of Schedule 1 to the Employment Act 2002.
(2) A penalty under section 11 or 12 shall carry interest at the rate applicable under section 178 of the Finance Act 1989 from the date on which it becomes due and payable until payment.
Interpretation
9 In this Schedule—
“the Board” means the Commissioners of Inland Revenue;
............
SCHEDULE 5 Tribunal jurisdictions to which section 38 applies
Section 38
...
...
...
Section 145A of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements relating to union membership or activities) Section 145B of that Act (inducements relating to collective bargaining) Section 146 of that Act (detriment in relation to union membership and activities)
Paragraph 156 of Schedule A1 to that Act (detriment in relation to union recognition rights)
...
Section 23 of the Employment Rights Act 1996 (c. 18) (unauthorised deductions and payments)
Section 48 of that Act (detriment in employment)
Section 111 of that Act (unfair dismissal)
Section 163 of that Act (redundancy payments)
Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to national minimum wage)
...
The Employment Tribunal Extension of Jurisdiction (England and Wales) Order 1994 (S.I. 1994/1623) (breach of employment contract and termination)
The Employment Tribunal Extension of Jurisdiction (Scotland) Order 1994 (S.I. 1994/1624) (corresponding provision for Scotland)
Regulation 30 of the Working Time Regulations 1998 (S.I. 1998/1833) (breach of regulations)
Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323) (detriment relating to European Works Councils)
...
...
Regulation 45 of the European Public Limited-Liability Company Regulations 2004 ( S.I. 2004/2326 ) (detriment in employment)
Regulation 33 of the Information and Consultation of Employees Regulations 2004 ( S.I. 2004/3426 ) (detriment in employment)
Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 ( S.I. 2006/349 ) (detriment in employment)
Regulation 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (detriment in relation to involvement in a European Cooperative Society)
...
...
Regulation 17 of the Cross-border Railways Services (Working Time) Regulations 2008 (breach of regulations)
“Sections 120 and 127 of the Equality Act 2010 (discrimination etc in work cases)”.
Section 53
Finance Act 1989 (c. 26)
1 (1) Section 182 of the Finance Act 1989 (disclosure of information) is amended as follows.
(2) In each of the following provisions—
(a) subsection (1)(c) (offence of disclosure of information relevant to statutory sick pay or maternity pay held in the exercise of social security functions),
(b) subsection (2A)(a) (meaning of social security functions),
(c) subsection (4)(c)(iii) (offence of disclosure of information relevant to statutory sick pay or maternity pay held in the exercise of certain other functions), and
(d) subsection (5)(b) (defence of disclosure with consent),
for “or statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay or statutory adoption pay ”.
(3) After subsection (11) there is inserted—
(11A) In this section, 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).
Social Security Contributions and Benefits Act 1992 (c. 4)
2 The Social Security Contributions and Benefits Act 1992 is amended as follows.
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 (1) Section 35 (maternity allowance) is amended as follows.
(2) In subsection (1), for paragraph (c) there is substituted—
(c) her average weekly earnings (within the meaning of section 35A below) are not less than the maternity allowance threshold for the tax year in which the beginning of the period of 66 weeks mentioned in paragraph (b) above falls;
.
(3) In subsection (3)(c), for “above or in section 35A(2) or (3) below” there is substituted “ or (c) above ”.
(4) After subsection (6) there is inserted—
(6A) In this section “the maternity allowance threshold”, in relation to a tax year, means (subject to subsection (6B) below) £30.
(6B) The Secretary of State may, in relation to any tax year after 2001-2002, by order increase the amount for the time being specified in subsection (6A) above to such amount as is specified in the order.
(6C) When deciding whether, and (if so) by how much, to increase the amount so specified the Secretary of State shall have regard to the movement, over such period as he thinks fit, in the general level of prices obtaining in Great Britain (estimated in such manner as he thinks fit).
(6D) The Secretary of State shall in each tax year carry out such a review of the amount for the time being specified in subsection (6A) above as he thinks fit.
5 In section 35A (appropriate weekly rate of maternity allowance), for subsections (6) to (8) there is substituted—
(6) In this section “the maternity allowance threshold” has the same meaning as in section 35 above and “specified” means prescribed by or determined in accordance with regulations.
6 In section 164 (statutory maternity pay – entitlement and liability to pay), in subsection (10)(b), for “section 166(2)” there is substituted “ section 166(1) and (2) ”.
7 In section 176 (Parliamentary control), in subsection (1)(a) (affirmative procedure: regulations), at the end there is inserted “ section 171ZE(1); section 171ZN(1. ”
Social Security Administration Act 1992 (c. 5)
8 The Social Security Administration Act 1992 is amended as follows.
9 (1) Section 2B (supplementary provisions about work-focused interviews) is amended as follows.
(2) In subsection (1), after “relevant decisions” there is inserted “ made under regulations under section 2A or 2AA ”.
(3) In subsection (2), for the words from “is a” to “2A above” there is substituted “ , in relation to regulations under section 2A above, is a decision ”.
(4) After subsection (2) there is inserted—
(2A) For the purposes of this section a “relevant decision”, in relation to regulations under section 2AA above, is a decision that—
(a) the partner of a person entitled to a benefit has failed to comply with a requirement to take part in an interview which applied to the partner by virtue of the regulations, or
(b) it has not been shown, within the prescribed period mentioned in section 2AA(4)(f)(ii) above, that the partner had good cause for such a failure.
(5) In subsections (3), (5)(a) and (9), after “section 2A” there is inserted “ or 2AA ”.
10 In section 2C (optional work-focused interviews), in subsection (2)—
(a) for the words from “persons” (in the first place it appears) to the end of paragraph (b) there is substituted
—
(a) persons making claims for or entitled to any of the benefits listed in section 2A(2) above or any prescribed benefit; and
(b) partners of persons entitled to any of the benefits listed in section 2AA(2) above or any prescribed benefit;
; and
(b) after “section 2A” there is inserted “ or 2AA ”.
11 In section 5 (regulations about claims for and payments of benefit), in subsection (5) (application to statutory sick pay and statutory maternity pay), for “and statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay and statutory adoption pay ”.
12 In section 7A (sharing of functions as regards claims and information)—
(a) in subsection (2), after “social security” (in each place) there is inserted “ or work ”;
(b) in subsection (6), for paragraph (e) there is substituted—
(e) “social security or work matters” means matters relating to—
(i) social security, child support or war pensions, or
(ii) employment or training;
.
13 In section 122AA (disclosure of information by the Inland Revenue), in subsection (1) (which permits the disclosure of information relating to statutory sick pay and maternity pay by the Board to certain authorities, or in connection with certain agreements with countries outside the United Kingdom), for “or statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay or statutory adoption pay ”.
14 In section 150 (annual uprating of benefits), in subsection (1)(j), for “section 166(3)” there is substituted “ section 166(1)(b), 171ZE(1) or 171ZN(1) ”.
15 In section 190 (Parliamentary control of orders and regulations), in subsection (1), after paragraph (aa) there is inserted—
(ab) the first regulations to be made under section 2AA;
.
16 In section 191 (interpretation – general), for the definition of “the Northern Ireland Department” there is substituted—
“the Northern Ireland Department” means the Department for Social Development but—
(a) in section 122 and sections 122B to 122E also includes the Department of Finance and Personnel; and
(b) in sections 121E, 121F, 122, 122ZA, 122C and 122D also includes the Department for Employment and Learning;
.
Social Security Administration (Northern Ireland) Act 1992 (c. 8)
17 In section 167(1) of the Social Security Administration (Northern Ireland) Act 1992 (interpretation – general), for the definition of “the Department” there is substituted—
“the Department” means the Department for Social Development but—
(a) in sections 109A, 116 and 116B to 116D also includes the Department of Finance and Personnel; and
(b) in sections 115D, 115E, 116 and 116ZA also includes the Department for Employment and Learning;
.
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
18 The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
19 In section 171 (time limit for proceedings under section 168, 169 or 170), after “168,” there is inserted “ 168A, ”.
20 In section 172(1) (remedies for complaint under section 168 or 170), after “168” there is inserted “ , 168A ”.
21 In section 173 (provisions supplementary to sections 168 to 170)—
(a) in subsection (1), after “168” there is inserted “ , 168A ”, and
(b) in subsection (2), after “168,” there is inserted “ 168A, ”.
22 In section 212A(1) (claims and proceedings to which ACAS arbitration scheme applies)—
(a) after “tribunal” insert “ under, or ”, and
(b) after “contravention of” insert—
(za) section 80G(1) or 80H(1)(b) of the Employment Rights Act 1996 (flexible working),
,
and
(c) in paragraph (a), for “the Employment Rights Act 1996” substitute “ that Act ”.
Employment Tribunals Act 1996 (c. 17)
23 (1) The Employment Tribunals Act 1996 is amended as follows.
(2) In section 18(1) (claims and proceedings to which provisions as to conciliation apply)—
(a) in paragraph (b), after “168,” there is inserted “ 168A, ”,
(b) in paragraph (d)—
(i) at the beginning there is inserted “ under or ”, and
(ii) after “28,” there is inserted “ 80G(1), 80H(1)(b), ”, and
(c) in paragraph (f), at the beginning there is inserted “ under or ”.
(3) In section 19 (conciliation procedure), at the end of paragraph (a) there is inserted “ and ”.
Employment Rights Act 1996 (c. 18)
24 The Employment Rights Act 1996 is amended as follows.
25 In section 27(1) (meaning of “wages”), after paragraph (c) there is inserted—
(ca) statutory paternity pay under Part 12ZA of that Act,
(cb) statutory adoption pay under Part 12ZB of that Act,
.
26 (1) Section 47C (leave for family and domestic reasons) is amended as follows.
(2) After paragraph (b) of subsection (2) there is inserted—
(ba) ordinary or additional adoption leave,
.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27 In section 48 (right to present complaint of detriment to employment tribunal), in subsection (1), for “or 47C” there is substituted “ , 47C or 47D ”.
28 In section 78 (parental leave: special cases), in subsection (6), for the words from “to maternity” to the end there is substituted—
to parental leave and partly to—
(a) maternity leave, or
(b) adoption leave,
or to both.
29 (1) Section 88 (pay during notice period: employments with normal working hours) is amended as follows.
(2) In subsection (1)(c), for “parental leave” there is substituted “ adoption leave, parental leave or paternity leave ”.
(3) In subsection (2), after “statutory maternity pay,” there is inserted “ paternity pay, statutory paternity pay, adoption pay, statutory adoption pay, ”.
30 (1) Section 89 (pay during notice period: employments without normal working hours) is amended as follows.
(2) In subsection (3)(b), for “parental leave” there is substituted “ adoption leave, parental leave or paternity leave ”.
(3) In subsection (4), after “statutory maternity pay,” there is inserted “ paternity pay, statutory paternity pay, adoption pay, statutory adoption pay, ”.
31 In section 92 (right to written statement of reasons for dismissal), in subsections (2) and (3), for “subsection (4)” there is substituted “ subsections (4) and (4A) ”, and after subsection (4) there is inserted—
(4A) An employee who is dismissed while absent from work during an ordinary or additional adoption leave period is entitled to a written statement under this section without having to request it and irrespective of whether he has been continuously employed for any period if he is dismissed in circumstances in which that period ends by reason of the dismissal.
32 In section 98 (fairness of dismissal: general), in subsection (6)—
(a) for “are” there is substituted “ is ”, and
(b) in paragraph (a), for “99” there is substituted “ 98A ”.
33 (1) Section 99 (unfair dismissal: leave for family reasons) is amended as follows.
(2) After paragraph (b) of subsection (3) there is inserted—
(ba) ordinary or additional adoption leave,
.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 In section 104 (protection for those asserting certain statutory rights), in subsection (4)(c) (relevant statutory rights under the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) after “168,” there is inserted “ 168A, ”.
35 In section 106 (dismissal of replacement employees), in subsection (2)(a), after “childbirth,” there is inserted “ or on adoption leave ”.
36 In section 112(4) (which provides that an award of compensation for unfair dismissal where no order is made for reinstatement or re-engagement shall be calculated in accordance with certain provisions of that Act), for “127A” there is substituted “ 126 ”.
37 In section 117(3)(a) (which provides that an award of compensation for unfair dismissal where an order for reinstatement or re-engagement is not complied with shall be calculated in accordance with certain provisions of that Act), for “127A” there is substituted “ 126 ”.
38 In section 118(1)(b) (which provides that compensation for unfair dismissal shall include a compensatory award calculated in accordance with certain provisions of that Act), for “126 and 127A(1), (3) and (4)” there is substituted “ 124A and 126 ”.
39 In section 123(1) (which provides that calculation of the compensatory award is subject to the provisions of that section and certain other provisions of that Act), for “, 126, 127 and 127A(1), (3) and (4)” there is substituted “ , 124A and 126 ”.
40 Section 127A(internal appeal procedures) shall cease to have effect.
41 In section 191(2) (provisions of the Act which have effect in relation to Crown employment), for paragraph (c) there is substituted—
(c) Parts 6 to 8A,
.
42 In section 192(2)(e) (provisions of Part 10 of the Act which have effect in relation to service as a member of the armed forces), after “103” there is inserted “ , 104C ”.
43 In sections 194(2) and 195(2) (provisions of the Act which have effect in relation to employment as a member of the House of Lords or House of Commons staff)—
(a) in paragraph (c), for “and 47C” there is substituted “ , 47C and 47D ”, and
(b) for paragraph (e) there is substituted—
(e) Parts 7, 8 and 8A,
.
44 (1) Section 199 (application of the Act to mariners) is amended as follows.
(2) In subsection (2) (provisions not applying to share fishermen)—
(a) after “47C,” there is inserted “ 47D, ”, and
(b) for “Parts VII and VIII” there is substituted “ Parts 7, 8 and 8A ”.
(3) In subsection (8) (provisions whose application is subject to the limitation in subsection (7)), for paragraph (d) there is substituted—
(d) Parts 7, 8 and 8A,
.
45 In section 225 (definition of calculation date for the purposes of the calculation of a week’s pay in relation to cases connected with rights during employment), at the end there is inserted—
(6) Where the calculation is for the purposes of section 80I, the calculation date is the day on which the application under section 80F was made.
46 In section 226(3) (definition of calculation date for the purposes of the calculation of a week’s pay in relation to cases connected with unfair dismissal), for “119, 121 or 127A” there is substituted “ 112, 119, 120 or 121 ”.
47 (1) Section 227(1) (maximum amount of week’s pay) is amended as follows.
(2) Before paragraph (a) there is inserted—
(za) an award of compensation under section 80I(1)(b),
.
(3) For “or” at the end of paragraph (b) there is substituted—
(ba) an award under section 112(5), or
.
48 (1) Section 235 (other definitions) is amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In the definition of “week” in subsection (1), for “section 86” there is substituted “ sections 80A, 80B and 86 ”.
49 (1) Section 236(3) (procedure for making orders and regulations) is amended as follows.
(2) After “73,” there is inserted “ 75A, 75B, ”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finance Act 1997 (c.16)
50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social Security Act 1998 (c. 14)
51 In paragraph 5A of Schedule 2 to the Social Security Act 1998 (no appeal against a decision made in consequence of a decision under regulations under section 2A of the Administration Act), after “section 2A” there is inserted “ or 2AA ”.
Tax Credits Act 1999 (c. 10)
52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finance Act 1999 (c. 16)
53 Sections 132 and 133 of the Finance Act 1999 shall have effect as if statutory maternity pay, statutory paternity pay and statutory adoption pay were matters which are under the care and management of the Commissioners of Inland Revenue.
Employment Relations Act 1999 (c. 26)
54 In section 23(1) of the Employment Relations Act 1999 (power to extend application of rights conferred under certain enactments), after paragraph (b) there is inserted—
(ba) the Employment Act 2002;
.
Welfare Reform and Pensions Act 1999 (c. 30)
55 In section 72 of the Welfare Reform and Pensions Act 1999, in subsection (3), after paragraph (a) there is inserted—
(aa) section 2AA of the Administration Act,
.
Section 54
(1) REPEALS
Short title and chapter | Extent of repeal
Social Security Contributions and Benefits Act 1992 (c. 4). | In section 164(2)(a), the words “, wholly or partly because of pregnancy or confinement”.
Social Security Administration Act 1992 (c. 5). | In section 2B(9), the words from “the following” to the first “and”. In section 122(2), the word “or” before paragraph (b).
Social Security Administration (Northern Ireland) Act 1992 (c. 8). | In section 116(2), the word “or” before paragraph (b).
Employment Tribunals Act 1996 (c. 17). | In section 19, paragraph (c) and the word “and” immediately before it.
Employment Rights Act 1996 (c. 18). | Section 3(3) and (4). Section 118(4). Section 127A.
Social Security Administration (Fraud) Act 1997 (c. 47). | In Schedule 1, paragraph 12(3).
Employment Rights (Dispute Resolution) Act 1998 (c. 8). | Section 13. In Schedule 1, paragraphs 19 to 21, 23 and 26.
Social Security Act 1998 (c. 14). | Section 3(3).
Social Security Contributions (Transfer of Functions, Etc.) Act 1999 (c. 2). | In Schedule 1, paragraph 13.
Employment Relations Act 1999 (c. 26). | Section 11(6).
Welfare Reform and Pensions Act 1999 (c. 30). | Section 53(2)(b).
(2) REVOCATIONS
Title and reference | Extent of revocation
Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)). | In Schedule 1, paragraph 7.
Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671). | In Schedule 1, paragraph 15.