Change 1 Article Choose an article Title and introductory text 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. 7A Use of alternative documents to give particulars 7B Giving of alternative documents before start of employment 8 Itemised pay statement. 9 Standing statement of fixed deductions. 10 Power to amend provisions about pay and standing statements. 11 References to employment tribunals. 12 Determination of references. 13 Right not to suffer unauthorised deductions. 14 Excepted deductions. 15 Right not to have to make payments to employer. 16 Excepted payments. 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. 23 Complaints to employment tribunals. 24 Determination of complaints. 25 Determinations: supplementary. 26 Complaints and other remedies. 27 Meaning of “wages” etc. 27A Exclusivity terms unenforceable in zero hours contracts 27B Power to make further provision in relation to zero hours workers 27BA Right for qualifying workers to be offered guaranteed hours 27BB Requirements relating to a guaranteed hours offer 27BC Requirements relating to a guaranteed hours offer: supplementary 27BD Guaranteed hours offer: exceptions to duty to make offer and withdrawal of offer 27BE Acceptance or rejection of a guaranteed hours offer 27BF Information about rights conferred by Chapter 2 27BG Complaints to employment tribunals: grounds 27BH Complaints to employment tribunals: time limits 27BI Remedies 27BJ Right to reasonable notice of a shift 27BK Right to reasonable notice of cancellation of or change to a shift 27BL Sections 27BJ and 27BK: supplementary 27BM Interaction with Chapter 4 27BN Complaints to employment tribunals 27BO Remedies 27BP Right to payment for a cancelled, moved or curtailed shift 27BQ Regulations under section 27BP: supplementary 27BR Exceptions to duty to make payment for a cancelled, moved or curtailed shift 27BS Contractual remuneration 27BT Complaints to employment tribunal 27BU Remedies 27BV Agency workers 27BW Zero hours workers, etc 27BX Agency workers 27BY Supplementary provision 27BZ Regulations 27BZ1 Interpretation 27BZ2 Interpretation 27BZ3 Regulations 27C Qualifying tips, gratuities and service charges 27D How tips etc must be dealt with 27E Non-public places of business 27F Independent troncs 27G When tips etc must be dealt with 27H Agency workers 27I Written policy 27J Records 27K Complaints to employment tribunal about tips etc 27L Determination of complaints about tips etc 27M Compensation: dealing with tips etc 27N Complaints to employment tribunal about information 27O Determination of complaints about information 27P Issue of code of practice 27Q Procedure for issue of code of practice 27R Consequential revision of code of practice 27S Revocation of code of practice 27T Failure to comply with code of practice 27U No restitution claims by employer 27V Relationship with contractual rights 27W Restrictions on contracting out of this Part 27X Interpretation 27Y Application 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 employment tribunals. 35 Exemption orders. 36 Protected shop workers and betting workers. 37 Contractual requirements relating to Sunday work. 38 Contracts with guaranteed hours. 39 Reduction of pay etc. 40 Notice of objection to Sunday working. 41 Opted-out shop workers and betting workers. 41A Notice of objection by shop workers to working additional hours on Sunday 41B Explanatory statement: persons who become shop workers 41C Explanatory statement: shop workers at commencement date 41D Failure to give explanatory statement under section 41B or 41C 42 Explanatory statement : betting workers. 43 Contractual requirements relating to Sunday work : opting-out notices. 43ZA Contractual requirements relating to working additional hours on Sundays: objection notices 43ZB Interpretation 43A Meaning of “protected disclosure”. 43B Disclosures qualifying for protection. 43C Disclosure to employer or other responsible person. 43D Disclosure to legal adviser. 43E Disclosure to Minister of the Crown. 43F Disclosure to prescribed person. 43FA Prescribed persons: duty to report on disclosures of information 43G Disclosure in other cases. 43H Disclosure of exceptionally serious failure. 43J Contractual duties of confidentiality. 43K Extension of meaning of “worker” etc. for Part IVA. 43KA Application of this Part and related provisions to police 43L Other interpretative provisions. 43M Jury service 44 Health and safety cases. 45 Sunday working for shop and betting workers. 45ZA Sunday working for shop workers: additional hours 45A Working time cases. 46 Trustees of occupational pension schemes. 47 Employee representatives. 47A Employees exercising right to time off work for study or training. 47B Protected disclosures. 47C Leave for family and domestic reasons. 47D Tax credits 47E Flexible working 47F Study and training 47G Employee shareholder status 48 Complaints to employment tribunals. 49 Remedies. 49A Application to police of section 44 and related provisions. 49B Regulations prohibiting discrimination because of protected disclosure 49D Redundancy or dismissal during a protected period of pregnancy 49E Section 49D: supplemental 50 Right to time off for public duties. 51 Complaints to employment tribunals. 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 employment tribunals. 55 Right to time off for ante-natal care. 56 Right to remuneration for time off under section 55. 57 Complaints to employment tribunals. 57ZA Right to time off for ante-natal care (agency workers) 57ZB Right to remuneration for time off under section 57ZA 57ZC Complaint to employment tribunal: agency workers 57ZD Agency workers: supplementary 57ZE Right to time off to accompany to ante-natal appointment 57ZF Complaint to employment tribunal 57ZG Right to time off to accompany to ante-natal appointment: agency workers 57ZH Complaint to employment tribunal: agency workers 57ZI Agency workers: supplementary 57ZJ Right to paid time off to attend adoption appointments 57ZK Right to remuneration for time off under section 57ZJ 57ZL Right to unpaid time off to attend adoption appointments 57ZM Complaint to employment tribunal 57ZN Right to paid time off to attend adoption appointments: agency workers 57ZO Right to remuneration for time off under section 57ZN 57ZP Right to unpaid time off to attend adoption meetings: agency workers 57ZQ Complaint to employment tribunal: agency workers 57ZR Agency workers: supplementary 57ZS Placement of looked after children with prospective adopters 57A Time off for dependants. 57B Complaint to employment tribunal. 58 Right to time off for pension scheme trustees. 59 Right to payment for time off under section 58. 60 Complaints to employment tribunals. 61 Right to time off for employee representatives. 62 Right to remuneration for time off under section 61. 63 Complaints to employment tribunals. 63A Right to time off for young person in Wales or Scotland for study or training. 63B Right to remuneration for time off under section 63A. 63C Complaints to employment tribunals. 63D Statutory right to make request in relation to study or training 63E Section 63D application: supplementary 63F Employer's duties in relation to application 63G Regulations about dealing with applications 63H Employee's duties in relation to agreed study or training 63I Complaints to employment tribunals 63J Remedies 63K Supplementary 64 Right to remuneration on suspension on medical grounds. 65 Exclusions from right to remuneration. 66 Meaning of suspension on maternity grounds. 67 Right to offer of alternative work. 68 Right to remuneration. 68A Meaning of ending the supply of an agency worker on maternity grounds 68B Right to offer of alternative work 68C Right to remuneration 68D Agency workers: supplementary 69 Calculation of remuneration. 69A Calculation of remuneration (agency workers) 70 Complaints to employment tribunals. 70A Complaints to employment tribunals: agency workers 71 72 Compulsory maternity leave. 73 Additional maternity leave. 74 Redundancy and dismissal. 75 Sections 71 to 73: supplemental. 75A Ordinary adoption leave 75B Additional adoption leave 75C Redundancy and dismissal 75D Chapter 1A: supplemental 75E Entitlement to shared parental leave: birth 75F Entitlement to leave under section 75E: further provision 75G Entitlement to shared parental leave: adoption 75H Entitlement to leave under section 75G: further provision 75I Rights during and after shared parental leave 75J Redundancy and dismissal 75K Chapter 1B: supplemental 76 Entitlement to parental leave. 77 Rights during and after parental leave. 78 Special cases. 79 Supplemental. 80 Complaint to employment tribunal. 80A Entitlement to ... paternity leave: birth 80AA Entitlement to additional paternity leave: birth 80B Entitlement to ... paternity leave: adoption 80BB Entitlement to additional paternity leave: adoption 80C Rights during and after paternity leave 80D Special cases 80E Chapter 3: supplemental 80EA Parental bereavement Bereavement leave 80EB Rights during and after bereavement leave 80EC Special cases 80ED Chapter 4: supplemental 80EE Application in relation to stillbirths 80EF Neonatal care leave 80EG Rights during and after neonatal care leave 80EH Special cases 80EI Chapter 5: supplemental 80F Statutory right to request contract variation 80G Employer’s duties in relation to application under section 80F 80H Complaints to employment tribunals 80I Remedies 80J Carer’s leave 80K Rights during and after carer’s leave 80L Special cases 80M Part 8B: supplemental 80N Complaint to employment tribunal 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 , contributory employment and support allowance and industrial injury benefit. 91 Supplementary. 92 Right to written statement of reasons for dismissal. 93 Complaints to employment tribunal. 94 The right. 95 Circumstances in which an employee is dismissed. 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Effective date of termination. 98 General. 98ZA No normal retirement age: dismissal before 65 98ZB No normal retirement age: dismissal at or after 65 98ZC Normal retirement age: dismissal before retirement age 98ZD Normal retirement age 65 or higher: dismissal at or after retirement age 98ZE Normal retirement age below 65: dismissal at or after retirement age 98ZF Reason for dismissal: particular matters 98ZG Retirement dismissals: fairness 98ZH Interpretation 98A Procedural fairness 98B Jury service 99 Leave for family reasons. 100 Health and safety cases. 101 Shop workers and betting workers who refuse Sunday work. 101ZA Shop workers who refuse to work additional hours on Sunday 101A Working time cases. 102 Trustees of occupational pension schemes. 103 Employee representatives. 103A Protected disclosure. 104 Assertion of statutory right. 104A The national minimum wage. 104B Tax credits 104C Flexible working 104D Pension enrolment 104E Study and training 104F Blacklists 104G Employee shareholder status 104I Contracts of employment: restricted variations 104J Contracts of employment: variations that are not restricted variations 104K Redundancy: replacement of employees with people who are not employees 105 Redundancy. 106 Replacements. 107 Pressure on employer to dismiss unfairly. 108 Qualifying period of employment. 109 Upper age limit. 110 Dismissal procedures agreements. 111 Complaints to employment tribunal. 111A Confidentiality of negotiations before termination of employment 112 The remedies: orders and compensation. 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. 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. 124A Adjustments under the Employment Act 2002 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Acts which are both unfair dismissal and discrimination. 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127A Internal appeal procedures. 127B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. 133 Death of employer or employee. 134 Teachers in aided schools. 134A Application to police. 135 The right. 136 Circumstances in which an employee is dismissed. 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 No dismissal in cases of renewal of contract or re-engagement. 139 Redundancy. 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. 145 The relevant date. 146 Provisions supplementing sections 138 and 141. 147 Meaning of “lay-off” and “short-time”. 148 Eligibility by reason of lay-off or short-time. 149 Counter-notices. 150 Resignation. 151 Dismissal. 152 Likelihood of full employment. 153 The relevant date. 154 Provisions supplementing sections 148 and 152. 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. 162 Amount of a redundancy payment. 163 References to employment tribunals. 164 Claims for redundancy payment. 165 Written particulars of redundancy payment. 166 Applications for payments. 167 Making of payments. 168 Amount of payments. 169 Information relating to applications for payments. 170 References to employment tribunals. 171 Employment not under contract of employment. 172 Termination of employment by statute. 173 Employees paid by person other than employer. 174 Death of employer: dismissal. 175 Death of employer: lay-off and short-time. 176 Death of employee. 177 References to employment tribunals. 178 Old statutory compensation schemes. 179 Notices. 180 Offences. 181 Interpretation. 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 employment tribunals. 189 Transfer to Secretary of State of rights and remedies. 190 Power to obtain information. 191 Crown employment. 192 Armed forces. 193 National security. 194 House of Lords staff. 195 House of Commons staff. 196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 Fixed-term contracts. 198 Short-term employment. 199 Mariners. 200 Police officers. 201 Power to extend employment legislation to offshore employment. 202 National security. 202A Contractual duties of confidentiality relating to harassment and discrimination 203 Restrictions on contracting out. 204 Law governing employment. 205 Remedy for infringement of certain rights. 205A Employee shareholders 206 Institution or continuance of tribunal proceedings. 207 Rights and liabilities accruing after death. 207A Extension of time limits because of mediation in certain cross-border disputes 207B Extension of time limits to facilitate conciliation before institution of proceedings 208 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 Powers to amend Act. 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. 220 Introductory. 221 General. 222 Remuneration varying according to time of work. 223 Supplementary. 224 Employments with no normal working hours. 225 Rights during employment. 226 Rights on termination. 227 Maximum amount. 228 New employments and other special cases. 229 Supplementary. 230 Employees, workers etc. 231 Associated employers. 232 Shop workers. 233 Betting workers 234 Normal working hours. 235 Other definitions. 236 Orders and regulations. 237 Financial provisions. 238 Reciprocal arrangements with Northern Ireland. 239 Reciprocal arrangements with Isle of Man. 240 Consequential amendments. 241 Transitionals, savings and transitory provisions. 242 Repeals and revocations. 243 Commencement. 244 Extent. 245 Short title. SCHEDULE 1 Consequential amendments SCHEDULE 2 Transitional provisions, savings and transitory provisions SCHEDULE 3 Repeals and revocations
What to do with it
As published
116 Choice of order and its terms.
(1) In exercising its discretion under section 113 the tribunal shall first consider whether to make an order for reinstatement and in so doing shall take into account—
(a) whether the complainant wishes to be reinstated,
(b) whether it is practicable for the employer to comply with an order for reinstatement, and
(c) where the complainant caused or contributed to some extent to the dismissal, whether it would be just to order his reinstatement.
(2) If the tribunal decides not to make an order for reinstatement it shall then consider whether to make an order for re-engagement and, if so, on what terms.
(3) In so doing the tribunal shall take into account—
(a) any wish expressed by the complainant as to the nature of the order to be made,
(b) whether it is practicable for the employer (or a successor or an associated employer) to comply with an order for re-engagement, and
(c) where the complainant caused or contributed to some extent to the dismissal, whether it would be just to order his re-engagement and (if so) on what terms.
(4) Except in a case where the tribunal takes into account contributory fault under subsection (3)(c) it shall, if it orders re-engagement, do so on terms which are, so far as is reasonably practicable, as favourable as an order for reinstatement.
(5) Where in any case an employer has engaged a permanent replacement for a dismissed employee, the tribunal shall not take that fact into account in determining, for the purposes of subsection (1)(b) or (3)(b), whether it is practicable to comply with an order for reinstatement or re-engagement.
(6) Subsection (5) does not apply where the employer shows—
(a) that it was not practicable for him to arrange for the dismissed employee’s work to be done without engaging a permanent replacement, or
(b) that—
(i) he engaged the replacement after the lapse of a reasonable period, without having heard from the dismissed employee that he wished to be reinstated or re-engaged, and
(ii) when the employer engaged the replacement it was no longer reasonable for him to arrange for the dismissed employee’s work to be done except by a permanent replacement.
Your wording
Your change, as a redline
116 Choice of order and its terms.
(1) In exercising its discretion under section 113 the tribunal shall first consider whether to make an order for reinstatement and in so doing shall take into account—
(a) whether the complainant wishes to be reinstated,
(b) whether it is practicable for the employer to comply with an order for reinstatement, and
(c) where the complainant caused or contributed to some extent to the dismissal, whether it would be just to order his reinstatement.
(2) If the tribunal decides not to make an order for reinstatement it shall then consider whether to make an order for re-engagement and, if so, on what terms.
(3) In so doing the tribunal shall take into account—
(a) any wish expressed by the complainant as to the nature of the order to be made,
(b) whether it is practicable for the employer (or a successor or an associated employer) to comply with an order for re-engagement, and
(c) where the complainant caused or contributed to some extent to the dismissal, whether it would be just to order his re-engagement and (if so) on what terms.
(4) Except in a case where the tribunal takes into account contributory fault under subsection (3)(c) it shall, if it orders re-engagement, do so on terms which are, so far as is reasonably practicable, as favourable as an order for reinstatement.
(5) Where in any case an employer has engaged a permanent replacement for a dismissed employee, the tribunal shall not take that fact into account in determining, for the purposes of subsection (1)(b) or (3)(b), whether it is practicable to comply with an order for reinstatement or re-engagement.
(6) Subsection (5) does not apply where the employer shows—
(a) that it was not practicable for him to arrange for the dismissed employee’s work to be done without engaging a permanent replacement, or
(b) that—
(i) he engaged the replacement after the lapse of a reasonable period, without having heard from the dismissed employee that he wished to be reinstated or re-engaged, and
(ii) when the employer engaged the replacement it was no longer reasonable for him to arrange for the dismissed employee’s work to be done except by a permanent replacement.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.