(1) References in any provision of this Act to a period of continuous employment are (unless provision is expressly made to the contrary) to a period computed in accordance with this Chapter.
(2) In any provision of this Act which refers to a period of continuous employment expressed in months or years—
(a) a month means a calendar month, and
(b) a year means a year of twelve calendar months.
(3) In computing an employee’s period of continuous employment for the purposes of any provision of this Act, any question—
(a) whether the employee’s employment is of a kind counting towards a period of continuous employment, or
(b) whether periods (consecutive or otherwise) are to be treated as forming a single period of continuous employment,
shall be determined week by week; but where it is necessary to compute the length of an employee’s period of employment it shall be computed in months and years of twelve months in accordance with section 211.
(4) Subject to sections 215 to 217, a week which does not count in computing the length of a period of continuous employment breaks continuity of employment.
(5) A person’s employment during any period shall, unless the contrary is shown, be presumed to have been continuous.
(1) An employee’s period of continuous employment for the purposes of any provision of this Act—
(a) (subject to subsection (3)) begins with the day on which the employee starts work, and
(b) ends with the day by reference to which the length of the employee’s period of continuous employment is to be ascertained for the purposes of the provision.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) If an employee’s period of continuous employment includes one or more periods which (by virtue of section 215, 216 or 217) while not counting in computing the length of the period do not break continuity of employment, the beginning of the period shall be treated as postponed by the number of days falling within that intervening period, or the aggregate number of days falling within those periods, calculated in accordance with the section in question.
(1) Any week during the whole or part of which an employee’s relations with his employer are governed by a contract of employment counts in computing the employee’s period of employment.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Subject to subsection (4), any week (not within subsection (1)) during the whole or part of which an employee is—
(a) incapable of work in consequence of sickness or injury,
(b) absent from work on account of a temporary cessation of work, or
(c) absent from work in circumstances such that, by arrangement or custom, he is regarded as continuing in the employment of his employer for any purpose, . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
counts in computing the employee’s period of employment.
(4) Not more than twenty-six weeks count under subsection (3)(a) . . . between any periods falling under subsection (1).
(1) Where in the case of an employee a date later than the date which would be the effective date of termination by virtue of subsection (1) of section 97 is treated for certain purposes as the effective date of termination by virtue of subsection (2) or (4) of that section, the period of the interval between the two dates counts as a period of employment in ascertaining for the purposes of section 108(1) or 119(1) the period for which the employee has been continuously employed.
(2) Where an employee is by virtue of section 138(1) regarded for the purposes of Part XI as not having been dismissed by reason of a renewal or re-engagement taking effect after an interval, the period of the interval counts as a period of employment in ascertaining for the purposes of section 155 or 162(1) the period for which the employee has been continuously employed (except so far as it is to be disregarded under section 214 or 215).
(3) Where in the case of an employee a date later than the date which would be the relevant date by virtue of subsections (2) to (4) of section 145 is treated for certain purposes as the relevant date by virtue of subsection (5) of that section, the period of the interval between the two dates counts as a period of employment in ascertaining for the purposes of section 155 or 162(1) the period for which the employee has been continuously employed (except so far as it is to be disregarded under section 214 or 215).
(1) This section applies where a period of continuous employment has to be determined in relation to an employee for the purposes of the application of section 155 or 162(1).
(2) The continuity of a period of employment is broken where—
(a) a redundancy payment has previously been paid to the employee (whether in respect of dismissal or in respect of lay-off or short-time), and
(b) the contract of employment under which the employee was employed was renewed (whether by the same or another employer) or the employee was re-engaged under a new contract of employment (whether by the same or another employer).
(3) The continuity of a period of employment is also broken where—
(a) a payment has been made to the employee (whether in respect of the termination of his employment or lay-off or short-time) in accordance with a scheme under section 1 of the Superannuation Act 1972 or arrangements falling within section 177(3), and
(b) he commenced new, or renewed, employment.
(4) The date on which the person’s continuity of employment is broken by virtue of this section—
(a) if the employment was under a contract of employment, is the date which was the relevant date in relation to the payment mentioned in subsection (2)(a) or (3)(a), and
(b) if the employment was otherwise than under a contract of employment, is the date which would have been the relevant date in relation to the payment mentioned in subsection (2)(a) or (3)(a) had the employment been under a contract of employment.
(5) For the purposes of this section a redundancy payment shall be treated as having been paid if—
(a) the whole of the payment has been paid to the employee by the employer,
(b) a tribunal has determined liability and found that the employer must pay part (but not all) of the redundancy payment and the employer has paid that part, or
(c) the Secretary of State has paid a sum to the employee in respect of the redundancy payment under section 167.
(1) This Chapter applies to a period of employment—
(a) (subject to the following provisions of this section) even where during the period the employee was engaged in work wholly or mainly outside Great Britain, and
(b) even where the employee was excluded by or under this Act from any right conferred by this Act.
(2) For the purposes of sections 155 and 162(1) a week of employment does not count in computing a period of employment if the employee—
(a) was employed outside Great Britain during the whole or part of the week, and
(b) was not during that week an employed earner for the purposes of the Social Security Contributions and Benefits Act 1992 in respect of whom a secondary Class 1 contribution was payable under that Act (whether or not the contribution was in fact paid).
(3) Where by virtue of subsection (2) a week of employment does not count in computing a period of employment, the continuity of the period is not broken by reason only that the week does not count in computing the period; and the number of days which, for the purposes of section 211(3), fall within the intervening period is seven for each week within this subsection.
(4) Any question arising under subsection (2) whether—
(a) a person was an employed earner for the purposes of the Social Security Contributions and Benefits Act 1992, or
(b) if so, whether a secondary Class 1 contribution was payable in respect of him under that Act,
shall be determined by an officer of the Commissioners of Inland Revenue.
(5) Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (decisions and appeals) shall apply in relation to the determination of any issue by the Inland Revenue under subsection (4) as if it were a decision falling within section 8(1) of that Act.
(6) Subsection (2) does not apply in relation to a person who is—
(a) employed as a master or seaman in a British ship, and
(b) ordinarily resident in Great Britain.
(1) A week does not count under section 212 if during the week, or any part of the week, the employee takes part in a strike.
(2) The continuity of an employee’s period of employment is not broken by a week which does not count under this Chapter (whether or not by virtue only of subsection (1)) if during the week, or any part of the week, the employee takes part in a strike; and the number of days which, for the purposes of section 211(3), fall within the intervening period is the number of days between the last working day before the strike and the day on which work was resumed.
(3) The continuity of an employee’s period of employment is not broken by a week if during the week, or any part of the week, the employee is absent from work because of a lock-out by the employer; and the number of days which, for the purposes of section 211(3), fall within the intervening period is the number of days between the last working day before the lock-out and the day on which work was resumed.
(1) If a person who is entitled to apply to his former employer under the Reserve Forces (Safeguard of Employment) Act 1985 enters the employment of the employer not later than the end of the six month period mentioned in section 1(4)(b) of that Act, his period of service in the armed forces of the Crown in the circumstances specified in section 1(1) of that Act does not break his continuity of employment.
(2) In the case of such a person the number of days which, for the purposes of section 211(3), fall within the intervening period is the number of days between the last day of his previous period of employment with the employer (or, if there was more than one such period, the last of them) and the first day of the period of employment beginning in the six month period.
(1) Subject to the provisions of this section, this Chapter relates only to employment by the one employer.
(2) If a trade or business, or an undertaking (whether or not established by or under an Act), is transferred from one person to another—
(a) the period of employment of an employee in the trade or business or undertaking at the time of the transfer counts as a period of employment with the transferee, and
(b) the transfer does not break the continuity of the period of employment.
(3) If by or under an Act (whether public or local and whether passed before or after this Act) a contract of employment between any body corporate and an employee is modified and some other body corporate is substituted as the employer—
(a) the employee’s period of employment at the time when the modification takes effect counts as a period of employment with the second body corporate, and
(b) the change of employer does not break the continuity of the period of employment.
(4) If on the death of an employer the employee is taken into the employment of the personal representatives or trustees of the deceased—
(a) the employee’s period of employment at the time of the death counts as a period of employment with the employer’s personal representatives or trustees, and
(b) the death does not break the continuity of the period of employment.
(5) If there is a change in the partners, personal representatives or trustees who employ any person—
(a) the employee’s period of employment at the time of the change counts as a period of employment with the partners, personal representatives or trustees after the change, and
(b) the change does not break the continuity of the period of employment.
(6) If an employee of an employer is taken into the employment of another employer who, at the time when the employee enters the second employer’s employment, is an associated employer of the first employer—
(a) the employee’s period of employment at that time counts as a period of employment with the second employer, and
(b) the change of employer does not break the continuity of the period of employment.
(7) If an employee of the governing body of a school maintained by a local authority is taken into the employment of the authority or an employee of a local authority is taken into the employment of the governing body of a school maintained by the authority—
(a) his period of employment at the time of the change of employer counts as a period of employment with the second employer, and
(b) the change does not break the continuity of the period of employment.
(8) If a person employed in relevant employment by a health service employer is taken into relevant employment by another such employer, his period of employment at the time of the change of employer counts as a period of employment with the second employer and the change does not break the continuity of the period of employment.
(9) For the purposes of subsection (8) employment is relevant employment if it is employment of a description—
(a) in which persons are engaged while undergoing professional training which involves their being employed successively by a number of different health service employers, and
(b) which is specified in an order made by the Secretary of State.
(10) The following are health service employers for the purposes of subsections (8) and (9)—
(za) NHS England,
(zb) an integrated care board established under section 14Z25 of the National Health Service Act 2006,
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Special Health Authorities established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006 ,
(bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) National Health Service trusts established under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ,
(ca) NHS foundation trusts,
(cb) Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006,
(cc) the National Institute for Health and Care Excellence,
(cd) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ce) the Health Services Safety Investigations Body.
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(dd) ......
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) In subsection (7) “ local authority ” has the meaning given by section 579(1) of the Education Act 1996.
219 Reinstatement or re-engagement of dismissed employee.
(1) Regulations made by the Secretary of State may make provision—
(a) for preserving the continuity of a person’s period of employment for the purposes of this Chapter or for the purposes of this Chapter as applied by or under any other enactment specified in the regulations, or
(b) for modifying or excluding the operation of section 214 subject to the recovery of any such payment as is mentioned in that section,
in cases where . . . a dismissed employee is reinstated , re-engaged or otherwise re-employed by his employer or by a successor or associated employer of that employer in any circumstances prescribed by the regulations.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section and sections 222 and 223 apply where there are normal working hours for the employee when employed under the contract of employment in force on the calculation date.
(2) Subject to section 222, if the employee’s remuneration for employment in normal working hours (whether by the hour or week or other period) does not vary with the amount of work done in the period, the amount of a week’s pay is the amount which is payable by the employer under the contract of employment in force on the calculation date if the employee works throughout his normal working hours in a week.
(3) Subject to section 222, if the employee’s remuneration for employment in normal working hours (whether by the hour or week or other period) does vary with the amount of work done in the period, the amount of a week’s pay is the amount of remuneration for the number of normal working hours in a week calculated at the average hourly rate of remuneration payable by the employer to the employee in respect of the period of twelve weeks ending—
(a) where the calculation date is the last day of a week, with that week, and
(b) otherwise, with the last complete week before the calculation date.
(4) In this section references to remuneration varying with the amount of work done includes remuneration which may include any commission or similar payment which varies in amount.
(5) This section is subject to sections 227 and 228.
222 Remuneration varying according to time of work.
(1) This section applies if the employee is required under the contract of employment in force on the calculation date to work during normal working hours on days of the week, or at times of the day, which differ from week to week or over a longer period so that the remuneration payable for, or apportionable to, any week varies according to the incidence of those days or times.
(2) The amount of a week’s pay is the amount of remuneration for the average number of weekly normal working hours at the average hourly rate of remuneration.
(3) For the purposes of subsection (2)—
(a) the average number of weekly hours is calculated by dividing by twelve the total number of the employee’s normal working hours during the relevant period of twelve weeks, and
(b) the average hourly rate of remuneration is the average hourly rate of remuneration payable by the employer to the employee in respect of the relevant period of twelve weeks.
(4) In subsection (3) “the relevant period of twelve weeks” means the period of twelve weeks ending—
(a) where the calculation date is the last day of a week, with that week, and
(b) otherwise, with the last complete week before the calculation date.
(5) This section is subject to sections 227 and 228.
(1) For the purposes of sections 221 and 222, in arriving at the average hourly rate of remuneration, only—
(a) the hours when the employee was working, and
(b) the remuneration payable for, or apportionable to, those hours,
shall be brought in.
(2) If for any of the twelve weeks mentioned in sections 221 and 222 no remuneration within subsection (1)(b) was payable by the employer to the employee, account shall be taken of remuneration in earlier weeks so as to bring up to twelve the number of weeks of which account is taken.
(3) Where—
(a) in arriving at the average hourly rate of remuneration, account has to be taken of remuneration payable for, or apportionable to, work done in hours other than normal working hours, and
(b) the amount of that remuneration was greater than it would have been if the work had been done in normal working hours (or, in a case within section 234(3), in normal working hours falling within the number of hours without overtime),
account shall be taken of that remuneration as if the work had been done in such hours and the amount of that remuneration had been reduced accordingly.
(1) This section applies where there are no normal working hours for the employee when employed under the contract of employment in force on the calculation date.
(2) The amount of a week’s pay is the amount of the employee’s average weekly remuneration in the period of twelve weeks ending—
(a) where the calculation date is the last day of a week, with that week, and
(b) otherwise, with the last complete week before the calculation date.
(3) In arriving at the average weekly remuneration no account shall be taken of a week in which no remuneration was payable by the employer to the employee and remuneration in earlier weeks shall be brought in so as to bring up to twelve the number of weeks of which account is taken.
(4) This section is subject to sections 227 and 228.
(A1) Where the calculation is for the purposes of section 27BI, the calculation date is—
(a) where the complaint is under section 27BG(1), (2), (3) or (7), the latest day of the reference period to which the complaint relates on which the worker was employed by the employer under a worker’s contract;
(b) where the complaint is under section 27BG(8)—
(i) the date on which the complaint was presented to the employment tribunal, or
(ii) if the worker was not employed by the employer under a worker’s contract on that date, the latest day before that date on which the worker was so employed.
(B1) Where the calculation is for the purposes of section 27BI as applied by section 27BY(6)(a) in relation to a complaint under section 27BY(5), the calculation date is the latest day of the reference period to which the complaint relates on which the worker was employed by the employer under a worker’s contract.
(1) Where the calculation is for the purposes of section 30, the calculation date is—
(a) where the employee’s contract has been varied, or a new contract entered into, in connection with a period of short-time working, the last day on which the original contract was in force, and
(b) otherwise, the day in respect of which the guarantee payment is payable.
(2) Where the calculation is for the purposes of section 53 or 54, the calculation date is the day on which the employer’s notice was given.
(3) Where the calculation is for the purposes of section 56, the calculation date is the day of the appointment.
(3A) Where the calculation is for the purposes of section 57ZF, the calculation date is the day of the appointment.
(3B) Where the calculation is for the purposes of section 57ZK or 57ZM, the calculation date is the day of the appointment.
(4) Where the calculation is for the purposes of section 62, the calculation date is the day on which the time off was taken or on which it is alleged the time off should have been permitted.
(4A) Where the calculation is for the purposes of section 63B, the calculation date is the day on which the time off was taken or on which it is alleged the time off should have been permitted.
(4B) Where the calculation is for the purposes of section 63J, the calculation date is the day on which the section 63D application was made.
(5) Where the calculation is for the purposes of section 69—
(a) in the case of an employee suspended on medical grounds, the calculation date is the day before that on which the suspension begins, and
(b) in the case of an employee suspended on maternity grounds, the calculation date is—
(i) where the day before that on which the suspension begins falls during a period of ordinary or additional maternity leave, the day before the beginning of that period,
(ii) otherwise, the day before that on which the suspension begins.
(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.
(1) Where the calculation is for the purposes of section 88 or 89, the calculation date is the day immediately preceding the first day of the period of notice required by section 86(1) or (2).
(2) Where the calculation is for the purposes of section 93, 117 or 125, the calculation date is—
(a) if the dismissal was with notice, the date on which the employer’s notice was given, and
(b) otherwise, the effective date of termination.
(3) Where the calculation is for the purposes of section 112, 119, 120 , 121 or 124 , the calculation date is—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) if by virtue of subsection (2) or (4) of section 97 a date later than the effective date of termination as defined in subsection (1) of that section is to be treated for certain purposes as the effective date of termination, the effective date of termination as so defined, and
(c) otherwise, the date specified in subsection (6).
(4) Where the calculation is for the purposes of section 147(2), the calculation date is the day immediately preceding the first of the four, or six, weeks referred to in section 148(2).
(5) Where the calculation is for the purposes of section 162, the calculation date is—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) if by virtue of subsection (5) of section 145 a date is to be treated for certain purposes as the relevant date which is later than the relevant date as defined by the previous provisions of that section, the relevant date as so defined, and
(c) otherwise, the date specified in subsection (6).
(6) The date referred to in subsections (3)(c) and (5)(c) is the date on which notice would have been given had—
(a) the contract been terminable by notice and been terminated by the employer giving such notice as is required by section 86 to terminate the contract, and
(b) the notice expired on the effective date of termination, or the relevant date,
(whether or not those conditions were in fact fulfilled).
(1) In any case in which the employee has not been employed for a sufficient period to enable a calculation to be made under the preceding provisions of this Chapter, the amount of a week’s pay is the amount which fairly represents a week’s pay.
(2) In determining that amount the employment tribunal—
(a) shall apply as nearly as may be such of the preceding provisions of this Chapter as it considers appropriate, and
(b) may have regard to such of the considerations specified in subsection (3) as it thinks fit.
(3) The considerations referred to in subsection (2)(b) are—
(a) any remuneration received by the employee in respect of the employment in question,
(b) the amount offered to the employee as remuneration in respect of the employment in question,
(c) the remuneration received by other persons engaged in relevant comparable employment with the same employer, and
(d) the remuneration received by other persons engaged in relevant comparable employment with other employers.
(4) The Secretary of State may by regulations provide that in cases prescribed by the regulations the amount of a week’s pay shall be calculated in such manner as may be so prescribed.
(1) In arriving at—
(a) an average hourly rate of remuneration, or
(b) average weekly remuneration,
under this Chapter, account shall be taken of work for a former employer within the period for which the average is to be taken if, by virtue of Chapter I of this Part, a period of employment with the former employer counts as part of the employee’s continuous period of employment.
(2) Where under this Chapter account is to be taken of remuneration or other payments for a period which does not coincide with the periods for which the remuneration or other payments are calculated, the remuneration or other payments shall be apportioned in such manner as may be just.
(1) In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.
(2) In this Act “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.
(3) In this Act “worker” (except in the phrases “shop worker” and “betting worker”) means an individual who has entered into or works under (or, where the employment has ceased, worked under)—
(a) a contract of employment, or
(b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;
and any reference to a worker’s contract shall be construed accordingly.
(4) In this Act “employer”, in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed.
(5) In this Act “employment”—
(a) in relation to an employee, means (except for the purposes of section 171) employment under a contract of employment, and
(b) in relation to a worker, means employment under his contract;
and “employed” shall be construed accordingly.
(6) This section has effect subject to sections 43K , 47B(3) and 49B(10); and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “ worker ”, “ worker’s contract ” and, in relation to a worker, “ employer ”, “ employment ” and “ employed ” have the extended meaning given by section 43K.
(7) This section has effect subject to section 75K(3) and (5).
For the purposes of this Act any two employers shall be treated as associated if—
(a) one is a company of which the other (directly or indirectly) has control, or
(b) both are companies of which a third person (directly or indirectly) has control;
and “associated employer” shall be construed accordingly.
(1) In this Act “shop worker” means an employee who, under his contract of employment, is or may be required to do shop work.
(2) In this Act “shop work” means work in or about a shop . . . on a day on which the shop is open for the serving of customers.
(3) Subject to subsection (4), in this Act “shop” includes any premises where any retail trade or business is carried on.
(4) Where premises are used mainly for purposes other than those of retail trade or business and would not (apart from subsection (3)) be regarded as a shop, only such part of the premises as—
(a) is used wholly or mainly for the purposes of retail trade or business, or
(b) is used both for the purposes of retail trade or business and for the purposes of wholesale trade and is used wholly or mainly for those two purposes considered together,
is to be regarded as a shop for the purposes of this Act.
(5) In subsection (4)(b) “wholesale trade” means the sale of goods for use or resale in the course of a business or the hire of goods for use in the course of a business.
(6) In this section “retail trade or business” includes—
(a) the business of a barber or hairdresser,
(b) the business of hiring goods otherwise than for use in the course of a trade or business, and
(c) retail sales by auction,
but does not include catering business or the sale at theatres and places of amusement of programmes, catalogues and similar items.
(7) In subsection (6) “catering business” means—
(a) the sale of meals, refreshments or alcohol... for consumption on the premises on which they are sold, or
(b) the sale of meals or refreshments prepared to order for immediate consumption off the premises; except that in Scotland “alcohol” has the meaning given in section 2 of the Licensing (Scotland) Act 2005
and in paragraph (a) “alcohol” has the same meaning as in the Licensing Act 2003 .
(8) In this Act—
“notice period”, in relation to an opted-out shop worker, has the meaning given by section 41(3),
“opted-out”, in relation to a shop worker, shall be construed in accordance with section 41(1) and (2),
“opting-in notice”, in relation to a shop worker, has the meaning given by section 36(6),
“opting-out notice”, in relation to a shop worker, has the meaning given by section 40(2), and
“protected”, in relation to a shop worker, shall be construed in accordance with section 36(1) to (5).
(1) In this Act “ betting worker ” means an employee who under his contract of employment is or may be required to do betting work.
(2) In this Act “ betting work ” means—
(a) work which consists of or includes dealing with betting transactions at a track in England or Wales and which is carried out for a person who holds a general betting operating licence, a pool betting operating licence or a horse-race pool betting operating licence, and
(b) work on premises in respect of which a betting premises licence has effect at a time when the premises are used for betting transactions.
(3) In subsection (2) “ betting transactions ” includes the collection or payment of winnings.
(4) Expressions used in this section and in the Gambling Act 2005 have the same meaning in this section as in that Act.
(5) In this Act—
“ notice period ”, in relation to an opted-out betting worker, has the meaning given by section 41(3),
“ opted-out ”, in relation to a betting worker, shall be construed in accordance with section 41(1) and (2),
“ opting-in notice ”, in relation to a betting worker, has the meaning given by section 36(6),
“ opting-out notice ”, in relation to a betting worker, has the meaning given by section 40(2), and
“ protected ”, in relation to a betting worker, shall be construed in accordance with section 36(1) to (5).
(1) Where an employee is entitled to overtime pay when employed for more than a fixed number of hours in a week or other period, there are for the purposes of this Act normal working hours in his case.
(2) Subject to subsection (3), the normal working hours in such a case are the fixed number of hours.
(3) Where in such a case—
(a) the contract of employment fixes the number, or minimum number, of hours of employment in a week or other period (whether or not it also provides for the reduction of that number or minimum in certain circumstances), and
(b) that number or minimum number of hours exceeds the number of hours without overtime,
the normal working hours are that number or minimum number of hours (and not the number of hours without overtime).
(1) In this Act, except in so far as the context otherwise requires—
“act” and “action” each includes omission and references to doing an act or taking action shall be construed accordingly,
“basic award of compensation for unfair dismissal” shall be construed in accordance with section 118,
“bereavement leave” means leave under section 80EA;
“business” includes a trade or profession and includes any activity carried on by a body of persons (whether corporate or unincorporated),
“carer’s leave” means leave under section 80J,
“childbirth” means the birth of a living child or the birth of a child whether living or dead after twenty-four weeks of pregnancy,
“collective agreement” has the meaning given by section 178(1) and (2) of the Trade Union and Labour Relations (Consolidation) Act 1992,
“conciliation officer” means an officer designated by the Advisory, Conciliation and Arbitration Service under section 211 of that Act,
“dismissal procedures agreement” means an agreement in writing with respect to procedures relating to dismissal made by or on behalf of one or more independent trade unions and one or more employers or employers’ associations,
“employers’ association” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992,
“expected week of childbirth” means the week, beginning with midnight between Saturday and Sunday, in which it is expected that childbirth will occur,
“guarantee payment” has the meaning given by section 28,
“independent trade union” means a trade union which—
is not under the domination or control of an employer or a group of employers or of one or more employers’ associations, and
is not liable to interference by an employer or any such group or association (arising out of the provision of financial or material support or by any other means whatever) tending towards such control,
“job”, in relation to an employee, means the nature of the work which he is employed to do in accordance with his contract and the capacity and place in which he is so employed,
“local authority”, in relation to the placement of children under section 22C of the Children Act 1989, has the same meaning as in that Act (see section 105(1) of that Act);
“local authority foster parent” has the same meaning as in the Children Act 1989 (see section 22C(12) section 105(1) of that Act);
“neonatal care leave” means leave under section 80EF,
“parental bereavement leave” means leave under section 80EA;
“paternity leave” means leave under section 80A or 80B,
...
...
“position”, in relation to an employee, means the following matters taken as a whole—
his status as an employee,
the nature of his work, and
his terms and conditions of employment,
“protected disclosure” has the meaning given by section 43A,
“redundancy payment” has the meaning given by Part XI,
“relevant date” has the meaning given by sections 145 and 153,
“renewal” includes extension, and any reference to renewing a contract or a fixed term shall be construed accordingly,
“section 63D application” has the meaning given by section 63D(2);
“shared parental leave” means leave under section 75E or 75G,
“statutory provision” means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or special nature,
“successor”, in relation to the employer of an employee, means (subject to subsection (2)) a person who in consequence of a change occurring (whether by virtue of a sale or other disposition or by operation of law) in the ownership of the undertaking, or of the part of the undertaking, for the purposes of which the employee was employed, has become the owner of the undertaking or part,
“trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992,
“week”—
in Chapter I of this Part means a week ending with Saturday, and
otherwise, except in sections 27C, 75F, 75H, 80A, 80B , 80EA , 80EF , 80J and 86 and paragraph 11 of Schedule A1, means, in relation to an employee whose remuneration is calculated weekly by a week ending with a day other than Saturday, a week ending with that other day and, in relation to any other employee, a week ending with Saturday.
(2) The definition of “successor” in subsection (1) has effect (subject to the necessary modifications) in relation to a case where—
(a) the person by whom an undertaking or part of an undertaking is owned immediately before a change is one of the persons by whom (whether as partners, trustees or otherwise) it is owned immediately after the change, or
(b) the persons by whom an undertaking or part of an undertaking is owned immediately before a change (whether as partners, trustees or otherwise) include the persons by whom, or include one or more of the persons by whom, it is owned immediately after the change,
as it has effect where the previous owner and the new owner are wholly different persons.
(2A) For the purposes of this Act a contract of employment or other worker’s contract is a “limited-term contract” if—
(a) the employment under the contract is not intended to be permanent, and
(b) provision is accordingly made in the contract for it to terminate by virtue of a limiting event.
(2B) In this Act, “limiting event”, in relation to a contract of employment or other worker’s contract means—
(a) in the case of a contract for a fixed-term, the expiry of the term,
(b) in the case of a contract made in contemplation of the performance of a specific task, the performance of the task, and
(c) in the case of a contract which provides for its termination on the occurrence of an event (or the failure of an event to occur), the occurrence of the event (or the failure of the event to occur).
(3) References in this Act to redundancy, dismissal by reason of redundancy and similar expressions shall be construed in accordance with section 139.
(4) In sections 136(2), 154 and 216(3) and paragraph 14 of Schedule 2 “lock-out” means—
(a) the closing of a place of employment,
(b) the suspension of work, or
(c) the refusal by an employer to continue to employ any number of persons employed by him in consequence of a dispute,
done with a view to compelling persons employed by the employer, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment.
(5) In sections 91(2), 140(2) and (3), 143(1), 144(2) and (3), 154 and 216(1) and (2) and paragraph 14 of Schedule 2 “strike” means—
(a) the cessation of work by a body of employed persons acting in combination, or
(b) a concerted refusal, or a refusal under a common understanding, of any number of employed persons to continue to work for an employer in consequence of a dispute,
done as a means of compelling their employer or any employed person or body of employed persons, or to aid other employees in compelling their employer or any employed person or body of employed persons, to accept or not to accept terms or conditions of or affecting employment.
(1) Any power conferred by any provision of this Act to make any order (other than an Order in Council) or regulations is exercisable by statutory instrument.
(2) A statutory instrument made under any power conferred by this Act to make an Order in Council or other order or regulations, except—
(a) an Order in Council or other order or regulations to which subsection (3) applies,
(aa) regulations under section 27R,
(b) an order under section 35 or Part II of Schedule 2, or
(c) an order made in accordance with section 208,
is subject to annulment in pursuance of a resolution of either House of Parliament.
(3) No recommendation shall be made to Her Majesty to make an Order in Council under section 192(3), and no order or regulations shall be made under section 27B, 27BA(3)(a)(ii) or (d), (6) or (16), 27BB(2), (5) or (9)(c), 27BD(6), 27BJ(1)(b), (2)(a) or (4), 27BK(3), 27BP(1), (2)(c), (3)(a), (6) or (9), 27BR(1)(c), 27BU(2), 27BZ, 27F, 27S, 41A that include provision under subsection (4)(c) of that section, 43FA (but see subsection (3A)),43K(4), 47C, 49B, 49D, 63D, 63F(7), 71, 72, 73, 75A, 75B, 75E, 75F(16), 75G, 75H(16), (17) or (18) 76, 80A, ... 80B , 80EA, 80EF, ... 80G 80J, 99, 104I, 104J(5)(f), 104K(7)(d), 120(2), 124(2) , 125(7) , 202A or 205A(11) or (12) or (subject to subsection (4)) section 209, or under paragraph 1(3)(b), (6) or (11), 2(2), (5) or (7)(c), 5(6), 12(1), 13(3), 14(2), 15(3), 16(4), 22(1), (3) or (5), 24(1)(c) or (2), 26(9), 27(2) or 28(2) of Schedule A1, unless a draft of the Order in Council , order or regulations has been laid before Parliament and approved by a resolution of each House of Parliament.
(3A) Subsection (3) does not apply to regulations under section 43FA that contain only the provision mentioned in section 43FA(2), (3) or (4).
(4) Subsection (3) does not apply to an order under section 209(1)(b) which specifies only provisions contained in Part XI.
(4A) A statutory instrument containing an order or regulations under this Act to which subsection (3) applies may include an order or regulations under this Act to which subsection (3) would not otherwise apply.
(4B) In such a case, the statutory instrument is to be proceeded with as if all of the orders and regulations contained in it were orders or regulations to which subsection (3) applies.
(5) Any power conferred by this Act which is exercisable by statutory instrument includes power to make such incidental, supplementary or transitional provisions as appear to the authority exercising the power to be necessary or expedient.
There shall be paid out of the National Insurance Fund into the Consolidated Fund sums equal to the amount of—
(a) any expenses incurred by the Secretary of State in consequence of Part XI, and
(b) any expenses incurred by the Secretary of State (or by persons acting on his behalf) in exercising his functions under Part XII.
238 Reciprocal arrangements with Northern Ireland.
(1) If provision is made by Northern Ireland legislation for purposes corresponding to any of the purposes of this Act, other than an excepted provision, the Secretary of State may, with the consent of the Treasury, make reciprocal arrangements with the appropriate Northern Ireland authority for co-ordinating the relevant provisions of this Act with the corresponding provisions of the Northern Ireland legislation so as to secure that they operate, to such extent as may be provided by the arrangements, as a single system.
(2) The following provisions of this Act are excepted provisions for the purposes of subsection (1)—
(a) in Part I, sections 1 to 7,
(b) Parts II and IV,
(c) in Part V, sections 45 and 46,
(d) in Part VI, sections 58 to 60,
(e) in Part IX, sections 86 to 91, and
(f) in Part X, sections 101 and 102.
(3) The Secretary of State may make regulations for giving effect to any arrangements made under subsection (1).
(4) Regulations under subsection (3) may make different provision for different cases.
(5) Such regulations may provide that the relevant provisions of this Act have effect in relation to persons affected by the arrangements subject to such modifications and adaptations as may be specified in the regulations, including provision—
(a) for securing that acts, omissions and events having any effect for the purposes of the Northern Ireland legislation have a corresponding effect for the purposes of this Act (but not so as to confer a right to double payment in respect of the same act, omission or event), and
(b) for determining, in cases where rights accrue both under this Act and under the Northern Ireland legislation, which of those rights is available to the person concerned.
(6) In this section “the appropriate Northern Ireland authority” means such authority as may be specified in the Northern Ireland legislation.
(1) If an Act of Tynwald is passed for purposes similar to the purposes of Part XI, the Secretary of State may, with the consent of the Treasury, make reciprocal arrangements with the appropriate Isle of Man authority for co-ordinating the provisions of Part XI with the corresponding provisions of the Act of Tynwald so as to secure that they operate, to such extent as may be provided by the arrangements, as a single system.
(2) For the purposes of giving effect to any arrangements made under subsection (1) the Secretary of State may, in conjunction with the appropriate Isle of Man authority, make any necessary financial adjustments between the National Insurance Fund and any fund established under the Act of Tynwald.
(3) The Secretary of State may make regulations for giving effect to any arrangements made under subsection (1).
(4) Regulations under subsection (3) may provide that Part XI has effect in relation to persons affected by the arrangements subject to such modifications and adaptations as may be specified in the regulations, including provision—
(a) for securing that acts, omissions and events having any effect for the purposes of the Act of Tynwald have a corresponding effect for the purposes of Part XI (but not so as to confer a right to double payment in respect of the same act, omission or event), and
(b) for determining, in cases where rights accrue both under this Act and under the Act of Tynwald, which of those rights is available to the person concerned.
(5) In this section “the appropriate Isle of Man authority” means such authority as may be specified in an Act of Tynwald.
The enactments specified in Part I of Schedule 3 are repealed, and the instruments specified in Part II of that Schedule are revoked, to the extent specified in the third column of that Schedule.
(1) Subject to the following provisions, this Act extends to England and Wales and Scotland but not to Northern Ireland.
(2) Sections 36(2) and (4), 37(1) and (5), 38 and 39 extend to England and Wales only.
(3) Sections 201 and 238 (and sections 236 and 243, this section and section 245) extend to Northern Ireland (as well as to England and Wales and Scotland).
(4) Sections 240 and 242 and Schedules 1 and 3 have the same extent as the provisions amended or repealed by this Act.
Section 240.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Atomic Energy Authority Act 1971 (c.11)
2 (1) Section 10 of the Atomic Energy Authority Act 1971 is amended as follows.
(2) In subsection (2)—
(a) in paragraph (a), for “the said sections 1 to 4” substitute “ sections 1 to 7 of the Employment Rights Act 1996 ”, and
(b) in paragraph (b)—
(i) for “section 5 of the said Act of 1978” substitute “ the Employment Rights Act 1996 ”, and
(ii) for “subsection (1) of that section” substitute “section 1 of that Act”.
(3) In subsection (3)—
(a) for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”, and
(b) for “sections 1 to 4” substitute “ section 1 ”.
(4) In subsection (4)—
(a) for “ Schedule 13 to the said Act of1978” substitute “ Chapter 1 of Part XIV of the Employment Rights Act 1996 ”, and
(b) for the words from “sub-paragraph (2)” to “that sub-paragraph” substitute “ subsection (2) of section 218 of that Act, be taken to be such a transfer of an undertaking as is mentioned in that subsection ”.
The Attachment of Earnings Act 1971 (c.32)
3 Paragraph 3 of Part I of Schedule 3 to the Attachment of Earnings Act 1971 shall continue to have effect with the substitution (originally made by paragraph 4 of Schedule 4 to the Wages Act 1986) of the following paragraph for paragraph (c)—
(c) amounts deductible under any enactment, or in pursuance of a request in writing by the debtor, for the purposes of a superannuation scheme, namely any enactment, rules, deed or other instrument providing for the payment of annuities or lump sums—
(i) to the persons with respect to whom the instrument has effect on their retirement at a specified age or on becoming incapacitated at some earlier age, or
(ii) to the personal representatives or the widows, relatives or dependants of such persons on their death or otherwise,
whether with or without any further or other benefits.
The British Library Act 1972 (c.54)
4 In paragraph 13(3)(a) of the Schedule to the British Library Act 1972, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Health and Safety at Work etc. Act 1974 (c.37)
5 In section 80(2A) of the Health and Safety at Work etc. Act 1974, for “the Employment Protection (Consolidation) Act 1978 which re-enact” substitute “ the Employment Rights Act 1996 or the Trade Union and Labour Relations (Consolidation) Act 1992 which derive from provisions of the Employment Protection (Consolidation) Act 1978 which re-enacted ”.
The Sex Discrimination Act 1975 (c.65)
6 (1) The Sex Discrimination Act 1975 is amended as follows.
(2) In section 85A(2)—
(a) for “section 139 of the Employment Protection (Consolidation) Act 1978” substitute “ section 195 of the Employment Rights Act 1996 ”, and
(b) for “subsections (4) to (9)” substitute “ subsections (6) to (12) ”.
(3) In section 85B(2)—
(a) for “section 139A of the Employment Protection (Consolidation) Act 1978” substitute “ section 194 of the Employment Rights Act 1996 ”, and
(b) for “subsection (6)” substitute “ subsection (7) ”.
The Scottish Development Agency Act 1975 (c.69)
7 In paragraph 6 of Schedule 3 to the Scottish Development Agency Act 1975, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Welsh Development Agency Act 1975 (c.70)
8 In paragraph 7 of Schedule 2 to the Welsh Development Agency Act 1975, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Lotteries and Amusements Act 1976 (c.32)
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Race Relations Act 1976 (c.74)
10 (1) The Race Relations Act 1976 is amended as follows.
(2) In section 75A(2)—
(a) for “section 139 of the Employment Protection (Consolidation) Act 1978” substitute “ section 195 of the Employment Rights Act 1996 ”, and
(b) for “subsections (4) to (9)” substitute “ subsections (6) to (12) ”.
(3) In section 75B(2)—
(a) for “section 139A of the Employment Protection (Consolidation) Act 1978” substitute “ section 194 of the Employment Rights Act 1996 ”, and
(b) for “subsection (6)” substitute “ subsection (7) ”.
(4) In paragraph 11(4) of Schedule 2, for paragraphs (a) and (c) substitute—
(a) the Employment Rights Act 1996 except Part XI;
(b) the Trade Union and Labour Relations (Consolidation) Act 1992; and
.
The Development of Rural Wales Act 1976 (c.75)
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The New Towns (Scotland) Act 1977 (c.16)
12 In section 3(6) of the New Towns (Scotland) Act 1977, for “Parts I, IV, V and VI of the Employment Protection (Consolidation) Act 1978” substitute “ Parts I and IX to XI of the Employment Rights Act 1996 ”.
The National Health Service (Scotland) Act 1978 (c.29)
13 In section 12C(3) of the National Health Service (Scotland) Act 1978—
(a) for “Part VI of the Employment Protection (Consolidation) Act 1978” substitute “ Part XI of the Employment Rights Act 1996 ”, and
(b) for “Part VI of that Act” substitute “ that Part of that Act ”.
The House of Commons (Administration) Act 1978 (c.36)
14 In paragraph 1 of Schedule 2 to the House of Commons (Administration) Act 1978, for “section 139 of the Employment Protection (Consolidation) Act 1978” substitute “ section 195 of the Employment Rights Act 1996 ”.
The New Towns Act 1981 (c.64)
15 In section 54(5) of the New Towns Act 1981, for “Schedule 13 to the Employment Protection (Consolidation) Act 1978” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.
The Wildlife and Countryside Act 1981 (c.69)
16 In paragraph 8(4) of Schedule 13 to the Wildlife and Countryside Act 1981, for the words from “Schedule” to “continuous)” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.
The Hops Marketing Act 1982 (c.5)
17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Oil and Gas (Enterprise) Act 1982 (c.23)
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government Finance Act 1982 (c.32)
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Administration of Justice Act 1982 (c.53)
20 In section 10(d) of the Administration of Justice Act 1982—
(a) for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”, and
(b) for “section 81” substitute “ section 135 ”.
The Health and Social Services and Social Security Adjudications Act 1983 (c.41)
21 In paragraph 23 of Part II of Schedule 3 to the Health and Social Services and Social Security Adjudications Act 1983, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The National Audit Act 1983 (c.44)
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The National Heritage Act 1983 (c.47)
23 In—
(a) paragraph 5(5) of Part I of Schedule 1,
(b) paragraph 15(5) of Part II of Schedule 1,
(c) paragraph 25(5) of Part III of Schedule 1,
(d) paragraph 35(5) of Part IV of Schedule 1,
(e) paragraph 2(5) of Schedule 2, and
(f) paragraph 5(5) of Schedule 3,
to the National Heritage Act 1983, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The National Heritage (Scotland) Act 1985 (c.16)
24 In—
(a) paragraph 5(5) of Part I, and
(b) paragraph 16(5) of Part II,
of Schedule 1 to the National Heritage (Scotland) Act 1985, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Prosecution of Offences Act 1985 (c.23)
25 (1) The Prosecution of Offences Act 1985 is amended as follows.
(2) In section 11(5), for “Schedule 13 to the Employment Protection (Consolidation) Act 1978” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.
(3) In section 15(6), for the words from “be treated as” to “shall not be so treated” substitute “ not be treated as transferred functions ”.
The Local Government Act 1985 (c.51)
26 (1) The Local Government Act 1985 is amended as follows.
(2) In section 54(2), for “Schedule 13 to the said Act of 1978” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.
(3) In section 105(1), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Trustee Savings Banks Act 1985 (c.58)
27 In section 3(7) of the Trustee Savings Banks Act 1985, for “paragraph 17(3) of Schedule 13 to the Employment Protection (Consolidation) Act 1978” substitute “ section 218(3) of the Employment Rights Act 1996 ”.
The Housing (Consequential Provisions) Act 1985 (c.71)
28 In paragraph 7(2)(b) of Schedule 4 to the Housing (Consequential Provisions) Act 1985, for “Schedule 13 to that Act” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.
The Insolvency Act 1986 (c.45)
29 In paragraph 13 of Schedule 6 to the Insolvency Act 1986, for sub-paragraph (2) substitute—
(2) An amount falls within this sub-paragraph if it is—
(a) a guarantee payment under Part III of the Employment Rights Act 1996 (employee without work to do);
(b) any payment for time off under section 53 (time off to look for work or arrange training) or section 56 (time off for ante-natal care) of that Act or under section 169 of the Trade Union and Labour Relations (Consolidation) Act 1992 (time off for carrying out trade union duties etc.);
(c) remuneration on suspension on medical grounds, or on maternity grounds, under Part VII of the Employment Rights Act 1996; or
(d) remuneration under a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (redundancy dismissal with compensation).
The Legal Aid (Scotland) Act 1986 (c.47)
30 In paragraph 10(1) of Schedule 1 to the Legal Aid (Scotland) Act 1986, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Debtors (Scotland) Act 1987 (c.18)
31 In section 73(3)(g) of the Debtors (Scotland) Act 1987, for “section 81(1) of the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Pilotage Act 1987 (c.21)
32 In section 25(6) of the Pilotage Act 1987, for “Schedule 13 to the Employment Protection (Consolidation) Act 1978” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.
The Housing (Scotland) Act 1987 (c.26)
33 In paragraph 10(2)(b) of Schedule 22 to the Housing (Scotland) Act 1987, for “Schedule 13 to that Act” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.
The Consumer Protection Act 1987 (c.43)
34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Income and Corporation Taxes Act 1988 (c.1)
35 (1) The Income and Corporation Taxes Act 1988 is amended as follows.
(2) In section 579—
(a) in subsections (3)(a) and (5)(a) and in subsection (4)(a) as it has effect for the purposes of corporation tax, for the words from “by which” to “rebate” substitute “ of the redundancy payment or the corresponding amount of the other employer’s payment ”, and
(b) in subsection (6), for “section 106 of the Employment Protection (Consolidation) Act 1978” substitute “ section 166 of the Employment Rights Act 1996 ”.
(3) In section 580(1)—
(a) in paragraph (a), for “, “employer’s payment” and “rebate” have the same meaning as in the Employment Protection (Consolidation) Act 1978 (“the 1978 Act”)” substitute “ and “employer’s payment” have the same meaning as in Part XI of the Employment Rights Act 1996 ”,
(b) in paragraph (b), for the words “of the relevant redundancy payment” onwards substitute “ which would have been payable as a redundancy payment had one been payable; ”, and
(c) in paragraph (c), for “the 1978 Act” substitute “ the Employment Rights Act 1996 ”.
(4) In—
(a) paragraph 19(a) of Part III of Schedule 9, and
(b) paragraph 2 of Schedule 10,
for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Legal Aid Act 1988 (c.34)
36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Education Reform Act 1988 (c.40)
37 (1) The Education Reform Act 1988 is amended as follows.
(2) In section 174(2), for “Schedule 13 to that Act” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.
(3) In section 203(7), for “section 55 of the Employment Protection (Consolidation) Act 1978” substitute “ Part X of the Employment Rights Act 1996 ”.
(4) In section 221(2)(b), for “section 81 of the Employment Protection (Consolidation) Act 1978” substitute “ section 135 of the Employment Rights Act 1996 ”.
(5) In section 235—
(a) in subsection (1), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”, and
(b) in subsection (2)(f), for “section 81 of the Employment Protection (Consolidation) Act 1978” substitute “ section 139 of the Employment Rights Act 1996 ”.
The Local Government Finance Act 1988 (c.41)
38 In paragraph 6(4) of Schedule 11 to the Local Government Finance Act 1988, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Housing (Scotland) Act 1988 (c.43)
39 In paragraph 12(1) of Schedule 1 to the Housing (Scotland) Act 1988, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Health and Medicines Act 1988 (c.49)
40 In section 18 of the Health and Medicines Act 1988, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Housing Act 1988 (c.50)
41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Dock Work Act 1989 (c.13)
42 In section 6(3) of the Dock Work Act 1989—
(a) for “the 1978 Act” substitute “ the Employment Rights Act 1996 ”,
(b) for “section 151 of, and Schedule 13 to,” substitute “ Chapter I of Part XIV of ”,
(c) for “paragraph 15 of Schedule 13” substitute “ section 216 of that Act ”, and
(d) for “paragraph 4 of that Schedule” substitute “ section 212(1) of that Act ”.
The Electricity Act 1989 (c.29)
43 (1) The Electricity Act 1989 is amended as follows.
(2) In section 56(3), for “Schedule 13 to the said Act of 1978” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.
(3) In—
(a) paragraph 4(1) of Schedule 14, and
(b) paragraph 4(1) of Schedule 15,
for the words from the beginning to “continuous” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.
The Local Government and Housing Act 1989 (c.42)
44 In section 10 of the Local Government and Housing Act 1989—
(a) in subsection (1), for “subsection (4) of section 29 of the Employment Protection (Consolidation) Act 1978” substitute “ section 50(4) of the Employment Rights Act 1996 ”, and
(b) in subsection (2)—
(i) for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”, and
(ii) for “subsection (1) of section 29” substitute “ subsection (2) of section 50 ”.
The National Health Service and Community Care Act 1990 (c.19)
45 (1) The National Health Service and Community Care Act 1990 is amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In—
(a) section 20(6), and
(b) section 49(3)(b),
for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
(4) In section 60(3)—
(a) for “Part VI of the Employment Protection (Consolidation) Act 1978” substitute “ Part XI of the Employment Rights Act 1996 ”, and
(b) for “the said Part VI” substitute “ that Part of that Act ”.
The Enterprise and New Towns (Scotland) Act 1990 (c.35)
46 In paragraph 17(1) of Schedule 1 to the Enterprise and New Towns (Scotland) Act 1990, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Environmental Protection Act 1990 (c.43)
47 In paragraph 15 of Schedule 10 to the Environmental Protection Act 1990, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Natural Heritage (Scotland) Act 1991 (c.28)
48 In paragraph 4 of Schedule 4 to the Natural Heritage (Scotland) Act 1991, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Coal Mining Subsidence Act 1991 (c.45)
49 In section 30(7) of the Coal Mining Subsidence Act 1991—
(a) for “section 153(4) of the Employment Protection (Consolidation) Act 1978” substitute “ section 231 of the Employment Rights Act 1996 ”, and
(b) for “meaning given by section 153(1) of the Employment Protection (Consolidation) Act 1978” substitute “ same meaning as in the Employment Rights Act 1996 ”.
The Ports Act 1991 (c.52)
50 In section 24(8) of the Ports Act 1991, for the words from the beginning to “continuous” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.
The Social Security Contributions and Benefits Act 1992 (c.4)
51 (1) The Social Security Contributions and Benefits Act 1992 is amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In—
(a) section 27(2)(b), and
(b) section 28(4),
for “section 81(2) of the Employment Protection (Consolidation) Act 1978” substitute “ section 139(1) of the Employment Rights Act 1996 ”.
(4) In section 112(3)—
(a) in paragraph (a), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”,
(b) in paragraph (b), after “that Act” insert “ or the Trade Union and Labour Relations (Consolidation) Act 1992 ”, and
(c) in paragraph (c), for “the Employment Protection Act 1975” substitute “ the Trade Union and Labour Relations (Consolidation) Act 1992 ”.
(5) In section 171(1), for “section 55(2) to (7) of the Employment Protection (Consolidation) Act 1978” substitute “ Part X of the Employment Rights Act 1996 ”.
The Further and Higher Education Act 1992 (c.13)
52 (1) The Further and Higher Education Act 1992 is amended as follows.
(2) In section 35—
(a) in subsection (1)(c)—
(i) for “section 84 of the Employment Protection (Consolidation) Act 1978” substitute “ section 138 of the Employment Rights Act 1996 ”, and
(ii) for “Part VI” substitute “ Part XI ”, and
(b) in subsection (2), for “Schedule 13 to” substitute “ Chapter I of Part XIV of ”.
(3) In section 49(2)(b), for “section 81 of the Employment Protection (Consolidation) Act 1978” substitute “ Part XI of the Employment Rights Act 1996 ”.
(4) In section 90(1), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Timeshare Act 1992 (c.35)
53 In section 1 of the Timeshare Act 1992—
(a) in subsection (3)(b), for “as defined in section 153 of the Employment Protection (Consolidation) Act 1978” substitute “ within the meaning of the Employment Rights Act 1996 ”, and
(b) in subsection (8)(b), for “section 153 of the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Further and Higher Education (Scotland) Act 1992 (c.37)
54 In section 33(3)(b) of the Further and Higher Education (Scotland) Act 1992, for “section 81 of the Employment Protection (Consolidation) Act 1978” substitute “ section 135 of the Employment Rights Act 1996 ”.
The Museums and Galleries Act 1992 (c.44)
55 In section 1(7) of the Museums and Galleries Act 1992, for “paragraph 17(3) of Schedule 13 to the Employment Protection (Consolidation) Act 1978” substitute “ section 218(3) of the Employment Rights Act 1996 ”.
The Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)
56 (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
(2) In section 67(8)—
(a) in paragraph (a), for “paragraph 8(1)(b) of Schedule 14 to the Employment Protection (Consolidation) Act 1978” substitute “ section 227(1)(a) of the Employment Rights Act 1996 ”, and
(b) in paragraph (b), for “section 75” substitute “ section 124(1) ”.
(3) In section 68(11), for “Part I of the Wages Act 1986” substitute “ the Employment Rights Act 1996 ”.
(4) In section 68A(4)—
(a) in paragraph (a), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”, and
(b) in paragraph (b), for “section 1(1) of the Wages Act 1986” substitute “ section 13 of that Act ”.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In section 140(4), for “section 75 of the Employment Protection (Consolidation) Act 1978” substitute “ section 124(1) of the Employment Rights Act 1996 ”.
(7) In—
(a) section 152(1), and
(b) section 153,
for “Part V of the Employment Protection (Consolidation) Act 1978” substitute “ Part X of the Employment Rights Act 1996 ”.
(8) In section 154, for “Section 64 of the Employment Protection (Consolidation) Act 1978 (qualifying period and upper age limit for unfair dismissal protection) does” substitute “ Sections 108 and 109 of the Employment Rights Act 1996 (qualifying period and upper age limit for unfair dismissal protection) do ”.
(9) In section 156—
(a) in subsection (1), for “subsection (7A), (7B) or (9) of section 73 of the Employment Protection (Consolidation) Act 1978” substitute “ section 122 of the Employment Rights Act 1996 ”, and
(b) in subsection (2), for “subsection (7B)” substitute “ subsection (2) ”.
(10) In section 157—
(a) in subsection (1), for “section 73(2) of the Employment Protection (Consolidation) Act 1978” substitute “ section 121 of the Employment Rights Act 1996 ”, and
(b) in subsection (2), for “section 71(2)(b) of the Employment Protection (Consolidation) Act 1978” substitute “ section 117(3)(b) of the Employment Rights Act 1996 ”.
(11) In section 158—
(a) in subsection (2), for “section 71(2)(a) of the Employment Protection (Consolidation) Act 1978” substitute “ section 117(3)(a) of the Employment Rights Act 1996 ”,
(b) in subsection (3), for “section 73(5) of the Employment Protection (Consolidation) Act 1978” substitute “ section 119(4) of the Employment Rights Act 1996 ”, and
(c) in subsection (7), for the words from the beginning to “Part” substitute—
(7) Chapter II of Part XIV of the Employment Rights Act 1996 (calculation of a week’s pay) applies for the purposes of this section with the substitution for section 226 of the following—
For the purposes of this Chapter
.
(12) In section 167—
(a) in subsection (1), for “Part V of the Employment Protection (Consolidation) Act 1978” substitute “ Part X of the Employment Rights Act 1996 ”, and
(b) in subsection (2)—
(i) for “section 67 of the Employment Protection (Consolidation) Act 1978” substitute “ section 111 of the Employment Rights Act 1996 ”,
(ii) for “section 68(2) or 71(2)(a)” substitute “ section 112(4) or 117(3)(a) ”, and
(iii) for “section 69” substitute “ section 113 ”.
(13) In section 176(6)—
(a) in paragraph (a), for “paragraph 8(1)(b) of Schedule 14 to the Employment Protection (Consolidation) Act 1978” substitute “ section 227(1)(a) of the Employment Rights Act 1996 ”, and
(b) in paragraph (b), for “section 75” substitute “ section 124(1) ”.
(14) In section 190—
(a) in subsection (4)—
(i) for “Schedule 3 to the Employment Protection (Consolidation) Act 1978” substitute “ sections 87 to 91 of the Employment Rights Act 1996 ”, and
(ii) for “section 49(1)” substitute “ section 86(1) ”, and
(b) in subsection (5)—
(i) for “Schedule 14 to the Employment Protection (Consolidation) Act 1978” substitute “ Chapter II of Part XIV of the Employment Rights Act 1996 ”,
(ii) for “Part II of that Schedule” substitute “ that Chapter ”, and
(iii) for “paragraph 7(1)(k) or (l) of that Schedule” substitute “ section 226(5) ”.
(15) In sections 237(1A) and 238(2A)—
(a) for “section 57A, 57AA or 60 of the Employment Protection (Consolidation) Act 1978 (dismissal in health and safety cases, employee representative and maternity cases)” substitute “ section 99(1) to (3), 100 or 103 of the Employment Rights Act 1996 (dismissal in maternity, health and safety and employee representative cases) ”, and
(b) for “section 59” substitute “ section 105(9) ”.
(16) In section 239—
(a) in subsection (1), for “Part V of the Employment Protection (Consolidation) Act 1978” substitute “ Part X of the Employment Rights Act 1996 ”,
(b) in subsection (2), for “section 67(2)” substitute “ section 111(2) ”, and
(c) in subsection (3), for “sections 57 to 61 of the Employment Protection (Consolidation) Act 1978” substitute “ sections 98 to 106 of the Employment Rights Act 1996 ”.
(17) In section 278(6), for “Subsections (4) to (9) of section 139 of the Employment Protection (Consolidation) Act 1978” substitute “ Subsections (6) to (12) of section 195 of the Employment Rights Act 1996 ”.
(18) In section 282, for subsection (2) substitute—
(2) Chapter I of Part XIV of the Employment Rights Act 1996 (computation of period of continuous employment), and any provision modifying or supplementing that Chapter for the purposes of that Act, apply for the purposes of this section.
(19) In section 298, for “section 55 of the Employment Protection (Consolidation) Act 1978” substitute “ Part X of the Employment Rights Act 1996 ”.
The Tribunals and Inquiries Act 1992 (c.53)
57 In section 11(2) of the Tribunals and Inquiries Act 1992, for “Subsection (1)” substitute “ This section ”.
The Social Security Act 1993 (c.3)
58 In section 2(4)(b) of the Social Security Act 1993, for “sections 106(2) and 122(1) of the Employment Protection (Consolidation) Act 1978” substitute “ sections 167(1) and 182 of the Employment Rights Act 1996 ”.
The Education Act 1993 (c.35)
59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Railways Act 1993 (c.43)
60 (1) The Railways Act 1993 is amended as follows.
(2) In section 93(5), (6) and (12), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
(3) In paragraph 6 of Schedule 11, for sub-paragraphs (10) to (12) substitute—
(10) Chapter I of Part XIV of the Employment Rights Act 1996, except section 218(6), shall apply for the purposes of this paragraph as it applies for the purposes of that Act.
The Pension Schemes Act 1993 (c.48)
61 (1) The Pension Schemes Act 1993 is amended as follows.
(2) In section 123(3), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
(3) In section 124(4), for “, maternity pay under Part III” onwards substitute “ and any payment such as is referred to in section 184(2) of the Employment Rights Act 1996 ”.
(4) In section 165—
(a) in subsection (7), for “section 137 of the Employment Protection (Consolidation) Act 1978” substitute “ section 201 of the Employment Rights Act 1996 ”, and
(b) in subsection (8), for “section 144(5) of the Employment Protection (Consolidation) Act 1978” substitute “ section 199(5) of the Employment Rights Act 1996 ”.
The Finance Act 1994 (c.9)
62 In paragraph 27 of Schedule 24 to the Finance Act 1994—
(a) for sub-paragraphs (9) to (11) substitute—
(9) Chapter I of Part XIV of the Employment Rights Act 1996, except section 218(6), shall apply for the purposes of this paragraph as it applies for the purposes of that Act.
, and
(b) in sub-paragraph (13), for “sub-paragraphs (11) and” substitute “ sub-paragraph ”.
The Local Government (Wales) Act 1994 (c.19)
63 (1) The Local Government (Wales) Act 1994 is amended as follows.
(2) In section 41—
(a) in subsection (1)—
(i) for “section 84 of the Employment Protection (Consolidation) Act 1978” substitute “ section 138 of the Employment Rights Act 1996 ”, and
(ii) for “Part VI” substitute “ Part XI ”, and
(b) in subsection (2), for “Schedule 13 to the Act of 1978” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.
(3) In section 43—
(a) in subsection (6), for “section 82(5) or (6) or 84(3) of the Employment Protection (Consolidation) Act 1978” substitute “ section 138 or 141 of the Employment Rights Act 1996 ”, and
(b) in subsection (7), for “Part VI of the Act of 1978” substitute “ Part XI of the Employment Rights Act 1996 ”.
(4) In section 44—
(a) in subsection (1), for “Part IV, V or VI of the Employment Protection (Consolidation) Act 1978” substitute “ Part IX, X or XI of the Employment Rights Act 1996 ”,
(b) in subsection (3), for “sections 101, 102, 108 and 119 of the Act of 1978” substitute “ sections 164, 165, 170 and 179 of the Employment Rights Act 1996 ”, and
(c) in subsection (4), for “sections 81(4), 82(1) and 101 of the Act of 1978, and in Schedule 4 to that Act,” substitute “ sections 155, 156, 162 and 164 of the Employment Rights Act 1996 ”.
(5) In section 45(5), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Coal Industry Act 1994 (c.21)
64 In paragraph 4(11) of Schedule 5 to the Coal Industry Act 1994, for the words from the beginning to “that Schedule” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996, except section 218(6), ”.
The Criminal Justice and Public Order Act 1994 (c.33)
65 In section 126(2) of the Criminal Justice and Public Order Act 1994, for paragraph (a) substitute—
(a) the Trade Union and Labour Relations (Consolidation) Act 1992 and the Employment Rights Act 1996;
.
The Local Government etc. (Scotland) Act 1994 (c.39)
66 (1) The Local Government etc. (Scotland) Act 1994 is amended as follows.
(2) In section 10—
(a) in subsection (1)—
(i) for “section 84 of the Employment Protection (Consolidation) Act 1978” substitute “ section 138 of the Employment Rights Act 1996 ”, and
(ii) for “Part VI” substitute “ Part XI ”, and
(b) in subsection (2), for “Schedule 13 to the said Act of 1978” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.
(3) In section 13—
(a) in subsection (5), for the words from “subsections” to “1978” substitute “ section 138 or 141 of the Employment Rights Act 1996 (renewal of contract or re-engagement) ”, and
(b) in subsection (6), for “Part VI of the said Act of 1978” substitute “ Part XI of the Employment Rights Act 1996 ”.
(4) In section 14(1), for “Part VI of the Employment Protection (Consolidation) Act 1978” substitute “ Part XI of the Employment Rights Act 1996 ”.
The Jobseekers Act 1995 (c.18)
67 (1) The Jobseekers Act 1995 is amended as follows.
(2) In—
(a) section 14(3)(b), and
(b) section 19(7),
for “section 81(2) of the Employment Protection (Consolidation) Act 1978” substitute “ section 139(1) of the Employment Rights Act 1996 ”.
(3) In paragraph 6(2)(a)(i) of Schedule 1, for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
The Environment Act 1995 (c.25)
68 In paragraph 3 of Schedule 2 to the Environment Act 1995—
(a) in sub-paragraph (6), for “section 84 of the Employment Protection (Consolidation) Act 1978” substitute “ section 138 of the Employment Rights Act 1996 ”, and
(b) in sub-paragraph (7), for “Schedule 13 to the Employment Protection (Consolidation) Act 1978” substitute “ Chapter I of Part XIV of the Employment Rights Act 1996 ”.
The Disability Discrimination Act 1995 (c.50)
69 (1) The Disability Discrimination Act 1995 is amended as follows.
(2) In section 50(9)(a), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”.
(3) In section 65(2), for “section 139 of the Employment Protection (Consolidation) Act 1978” substitute “ section 195 of the Employment Rights Act 1996 ”.
SCHEDULE 2 Transitional provisions, savings and transitory provisions
Section 241.
Part I Transitional provisions and savings
General transitionals and savings
1 The substitution of this Act for the provisions repealed or revoked by this Act does not affect the continuity of the law.
2 (1) Anything done, or having effect as done, (including the making of subordinate legislation) under or for the purposes of any provision repealed or revoked by this Act has effect as if done under or for the purposes of any corresponding provision of this Act.
(2) Sub-paragraph (1) does not apply to the making of any subordinate legislation to the extent that it is reproduced in this Act.
3 Any reference (express or implied) in this Act or any other enactment, or in any instrument or document, to a provision of this Act is (so far as the context permits) to be read as (according to the context) being or including in relation to times, circumstances and purposes before the commencement of this Act a reference to the corresponding provision repealed or revoked by this Act.
4 (1) Any reference (express or implied) in any enactment, or in any instrument or document, to a provision repealed or revoked by this Act is (so far as the context permits) to be read as (according to the context) being or including in relation to times, circumstances and purposes after the commencement of this Act a reference to the corresponding provision of this Act.
(2) In particular, where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments.
5 Paragraphs 1 to 4 have effect in place of section 17(2) of the Interpretation Act 1978 (but are without prejudice to any other provision of that Act).
Preservation of old transitionals and savings
6 (1) The repeal by this Act of an enactment previously repealed subject to savings (whether or not in the repealing enactment) does not affect the continued operation of those savings.
(2) The repeal by this Act of a saving made on the previous repeal of an enactment does not affect the operation of the saving in so far as it remains capable of having effect.
(3) Where the purpose of an enactment repealed by this Act was to secure that the substitution of the provisions of the Act containing that enactment for provisions repealed by that Act did not affect the continuity of the law, the enactment repealed by this Act continues to have effect in so far as it is capable of doing so.
Employment particulars for pre-TURERA employees
7 (1) In this paragraph “pre-TURERA employee” means an employee whose employment with his employer began before 30th November 1993 (the day on which section 26 of the Trade Union Reform and Employment Rights Act 1993 came into force), whether or not the provisions of sections 1 to 6 of the Employment Protection (Consolidation) Act 1978, as they had effect before the substitution made by that section, applied to him before that date.
(2) Subject to the following provisions of this paragraph and paragraph 7B, sections 1 to 7 of this Act do not apply to a pre-TURERA employee (but the provisions of sections 1 to 6 of the Employment Protection (Consolidation) Act 1978, as they had effect before the substitution made by section 26 of the Trade Union Reform and Employment Rights Act 1993, continue in force in his case).
(3) Where a pre-TURERA employee, at any time before 6 April 2020—
(a) on or after the day on which this Act comes into force, and
(b) either before the end of his employment or within the period of three months beginning with the day on which his employment ends,
requests from his employer a statement under section 1 of this Act, the employer shall (subject to section 5 and any other provision disapplying or having the effect of disapplying sections 1 to 4) be treated as being required by section 1 to give him a written statement under that section not later than two months after the request is made; and section 4 of this Act shall (subject to that) apply in relation to the employee after he makes the request.
(4) An employer is not required to give an employee a statement under section 1 pursuant to sub-paragraph (3)—
(a) on more than one occasion, or
(b) if he has already given him a statement pursuant to paragraph 3(3) of Schedule 9 to the Trade Union Reform and Employment Rights Act 1993.
(5) Where—
(a) on or after the day on which this Act comes into force there is in the case of a pre-TURERA employee a change in any of the matters particulars of which would, had he been given a statement of particulars on 30th November 1993 under section 1 of the Employment Protection (Consolidation) Act 1978 (as substituted by section 26 of the Trade Union Reform and Employment Rights Act 1993), have been included or referred to in the statement, and
(b) he has not previously requested a statement under sub-paragraph (3) or paragraph 3(3) of Schedule 9 to the Trade Union Reform and Employment Rights Act 1993,
subsections (1) and (6) of section 4 of this Act shall be treated (subject to section 5 and any other provision disapplying or having the effect of disapplying section 4) as requiring his employer to give him a written statement containing particulars of the change at the time specified in subsection (3) of section 4; and the other provisions of section 4 apply accordingly.
Employment particulars for pre-6 April 2020 employees
7A (1) In this paragraph an “existing employee” means an employee whose employment with his employer began on or after 30th November 1993 and before 6th April 2020.
(2) Subject to paragraph 7B, sections 1 to 7 of this Act apply to an existing employee without the amendments made by regulations 2 to 6 of the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018.
Request for employment particulars by pre-6 April 2020 employee or pre- TURERA employee
7B (1) Where an existing employee (as defined in paragraph 7A(1)) or a pre-TURERA employee (as defined in paragraph 7(1)) at any time—
(a) on or after 6 April 2020, and
(b) either before the end of the employee’s employment or within the period of three months beginning with the day on which the employee’s employment ends,
requests from the employer a statement under section 1 of this Act, the employer shall (subject to section 5 and any other provisions disapplying or having the effect of disapplying sections 1 to 4) be treated as being required by section 1 to give him a written statement under that section not later than 1 month after the request is made and section 4 of this Act shall (subject to that) apply in relation to the employee after he makes the request.
(4) An employer is not required to give an existing employee or a pre-TURERA employee a statement under section 1 pursuant to sub-paragraph (1) on more than one occasion.
(5) Where—
(a) on or after 6 April 2020 there is in the case of an existing employee or a pre-TURERA employee a change in any of the matters particulars of which would, had they have been given a statement of particulars on or after 6 April 2020 under section 1 of this Act (as amended), have been included or referred to in the statement, and
(b) he has not previously requested a statement under sub-paragraph (1),
subsection (1) of section 4 of this Act shall be treated (subject to section 5 and any other provision disapplying or having the effect of disapplying section 4) as requiring his employer to give him a written statement containing particulars of the change at the time specified in subsection (3) of section 4; and the other provisions of section 4 apply accordingly.
(6) A reference in this paragraph to section 1 or section 4 is a reference to that section as amended by the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018.
Monetary limits in old cases
8 In relation to any case in which (but for this Act) a limit lower than that set by Article 3 of the Employment Protection (Increase of Limits) Order 1995 would have applied in accordance with Article 4 of that Order, this Act has effect as if it reproduced that lower limit.
Shop workers and betting workers to whom old maternity provisions applied
9 (1) This paragraph applies where an employee exercised a right to return to work under Part III of the Employment Protection (Consolidation) Act 1978 at a time when the amendments of that Part made by the Trade Union Reform and Employment Rights Act 1993 did not have effect in her case (so that her right was a right to return to work in the job in which she was employed under the original contract of employment).
(2) Section 36(4) shall have effect as if for paragraph (b) there were substituted—
(b) under her original contract of employment, she was a shop worker, or a betting worker, but was not employed to work only on Sunday.
(3) If the employee was employed as a shop worker under her original contract of employment, she shall not be regarded as failing to satisfy the condition in section 36(2)(a) or (c) or 41(1)(c) merely because during her pregnancy she was employed under a different contract of employment by virtue of section 60(2) of the Employment Protection (Consolidation) Act 1978 (as it had effect before the commencement of section 24 of the Trade Union Reform and Employment Rights Act 1993) or otherwise by reason of her pregnancy.
(4) In this paragraph, and in section 36(4)(b) as substituted by sub-paragraph (2), “original contract of employment” has the meaning given by section 153(1) of the Employment Protection (Consolidation) Act 1978 as originally enacted.
Validity of provisions deriving from certain regulations
10 Any question as to the validity of any of sections 47, 61, 62, 63 and 103, which derive from the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995 made under subsection (2) of section 2 of the European Communities Act 1972, shall be determined as if those provisions were contained in regulations made under that subsection before the repeal of that subsection by section 1 of the European Union (Withdrawal) Act 2018.
Unfair dismissal
11 Part X does not apply to a dismissal from employment under a contract for a fixed term of two years or more (not being a contract of apprenticeship) if—
(a) the contract was made before 28th February 1972, and
(b) the dismissal consists only of the expiry of that term without its being renewed.
Redundancy payments
12 (1) Section 135 does not apply to an employee who immediately before the relevant date is employed under a contract for a fixed term of two years or more (not being a contract of apprenticeship) if the contract was made before 6th December 1965.
(2) Section 197(3) does not apply if the contract was made before 6th December 1965.
Periods of employment
13 (1) The reference in section 215(2)(b) to a person being an employed earner for the purposes of the Social Security Contributions and Benefits Act 1992 in respect of whom a secondary Class 1 contribution was payable under that Act (whether or not it was in fact paid) shall be construed—
(a) as respects a week of employment after 1st June 1976 and before 1st July 1992, as a reference to a person being an employed earner for the purposes of the Social Security Act 1975 in respect of whom a secondary Class 1 contribution was payable under that Act (whether or not it was in fact paid),
(b) as respects a week of employment after 6th April 1975 and before 1st June 1976, as a reference to a person being an employed earner for the purposes of the Social Security Act 1975, and
(c) as respects a week of employment before 6th April 1975, as a reference to a person being an employee in respect of whom an employer’s contribution was payable in respect of the corresponding contribution week (whether or not it was in fact paid).
(2) For the purposes of the application of sub-paragraph (1) to a week of employment where the corresponding contribution week began before 5th July 1948, an employer’s contribution shall be treated as payable as mentioned in that sub-paragraph if such a contribution would have been so payable had the statutory provisions relating to national insurance in force on 5th July 1948 been in force in that contribution week.
(3) The references in subsection (4) of section 215 to the Social Security Contributions and Benefits Act 1992 include the Social Security Act 1975; and that subsection applies to any question arising whether an employer’s contribution was or would have been payable as mentioned in sub-paragraph (1) or (2).
(4) In this paragraph—
“employer’s contribution” has the same meaning as in the National Insurance Act 1965, and
“corresponding contribution week”, in relation to a week of employment, means a contribution week (within the meaning of that Act) of which so much as falls within the period beginning with midnight between Sunday and Monday and ending with Saturday also falls within that week of employment.
14 (1) Subject to paragraph 13 and sub-paragraphs (2) and (3) of this paragraph, Chapter I of Part XIV applies to periods before this Act comes into force as it applies to later periods.
(2) If, during the whole or any part of a week beginning before 6th July 1964, an employee was absent from work—
(a) because he was taking part in a strike, or
(b) because of a lock-out by his employer,
the week counts as a period of employment.
(3) Any week which counted as a period of employment in the computation of a period of employment for the purposes of the Employment Protection (Consolidation) Act 1978 counts as a period of employment for the purposes of this Act; and any week which did not break the continuity of a person’s employment for the purposes of that Act shall not break the continuity of a period of employment for the purposes of this Act.
Part II Transitory provisions
Occupational pension scheme trustees
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Armed forces
16 (1) If section 31 of the Trade Union Reform and Employment Rights Act 1993 has not come into force before the commencement of this Act, this Act shall have effect until the relevant commencement date as if for section 192 there were substituted—
Armed forces.
192 Section 191—
(a) does not apply to service as a member of the naval, military or air forces of the Crown, but
(b) does apply to employment by an association established for the purposes of Part XI of the Reserve Forces Act 1996.
(2) The reference in sub-paragraph (1) to the relevant commencement date is a reference—
(a) if an order has been made before the commencement of this Act appointing a day after that commencement as the day on which section 31 of the Trade Union Reform and Employment Rights Act 1993 is to come into force, to the day so appointed, and
(b) otherwise, to such day as the Secretary of State may by order appoint.
17 (1) If Part XI of the Reserve Forces Act 1996 has not come into force before the commencement of this Act, section 192 of this Act shall have effect until the relevant commencement date as if for “Part XI of the Reserve Forces Act 1996” there were substituted “ Part VI of the Reserve Forces Act 1980 ”.
(2) The reference in sub-paragraph (1) to the relevant commencement date is a reference—
(a) if an order has been made before the commencement of this Act appointing a day after that commencement as the day on which Part XI of the Reserve Forces Act 1996 is to come into force, to the day so appointed, and
(b) otherwise, to such day as the Secretary of State may by order appoint.
Disability discrimination
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .