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In force since 2026-10-30, as the publisher states.
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Employment Rights Act 1996 1996 c. 18 An Act to consolidate enactments relating to employment rights. [22nd May 1996] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Propose a change(1) Where a worker begins employment with an employer, the employer shall give to the worker a written statement of particulars of employment. (2) Subject to sections 2(2) to (4)— (a) the particulars required by subsections (3) and (4) must be included in a single document; and (b) the statement must be given not later than the beginning of the employment. (3) The statement shall contain particulars of— (a) the names of the employer and worker, (b) the date when the employment began, and (c) in the case of a statement given to an employee, the date on which the employee’s period of continuous employment began (taking into account any employment with a previous employer which counts towards that period). (4) The statement shall also contain particulars, as at a specified date not more than seven days before the statement (or the instalment of a statement given under section 2(4) containing them) is given, of— (a) the scale or rate of remuneration or the method of calculating remuneration, (b) the intervals at which remuneration is paid (that is, weekly, monthly or other specified intervals), (c) any terms and conditions relating to hours of work including any terms and conditions relating to— (i) normal working hours, (ii) the days of the week the worker is required to work, and (iii) whether or not such hours or days may be variable, and if they may be how they vary or how that variation is to be determined. (d) any terms and conditions relating to any of the following— (i) entitlement to holidays, including public holidays, and holiday pay (the particulars given being sufficient to enable the worker’s entitlement, including any entitlement to accrued holiday pay on the termination of employment, to be precisely calculated), (ii) incapacity for work due to sickness or injury, including any provision for sick pay, ... (iia) any other paid leave, and (iii) pensions and pension schemes, (da) any other benefits provided by the employer that do not fall within another paragraph of this subsection, (e) the length of notice which the worker is obliged to give and entitled to receive to terminate his contract of employment or other worker’s contract, (f) the title of the job which the worker is employed to do or a brief description of the work for which he is employed, (g) where the employment is not intended to be permanent, the period for which it is expected to continue or, if it is for a fixed term, the date when it is to end, (ga) any probationary period, including any conditions and its duration, (h) either the place of work or, where the worker is required or permitted to work at various places, an indication of that and of the address of the employer, (j) any collective agreements which directly affect the terms and conditions of the employment including, where the employer is not a party, the persons by whom they were made, ... (k) where the worker is required to work outside the United Kingdom for a period of more than one month— (i) the period for which he is to work outside the United Kingdom, (ii) the currency in which remuneration is to be paid while he is working outside the United Kingdom, (iii) any additional remuneration payable to him, and any benefits to be provided to or in respect of him, by reason of his being required to work outside the United Kingdom, and (iv) any terms and conditions relating to his return to the United Kingdom. (l) any training entitlement provided by the employer, (m) any part of that training entitlement which the employer requires the worker to complete, and (n) any other training which the employer requires the worker to complete and which the employer will not bear the cost of. (5) Subsection (4)(d)(iii) does not apply to a worker of a body or authority if— (a) the worker’s pension rights depend on the terms of a pension scheme established under any provision contained in or having effect under any Act, and (b) any such provision requires the body or authority to give to a new worker information concerning the worker’s pension rights or the determination of questions affecting those rights. (6) In this section “probationary period” means a temporary period specified in the contract of employment or other worker’s contract between a worker and an employer that— (a) commences at the beginning of the employment, and (b) is intended to enable the employer to assess the worker’s suitability for the employment.
Propose a change(1) If, in the case of a statement under section 1, there are no particulars to be entered under any of the heads of paragraph (d) or (k) of subsection (4) of that section, or under any of the other paragraphs of subsection (3) or (4) of that section, that fact shall be stated. (2) A statement under section 1 may refer the worker for particulars of any of the matters specified in subsection (4)(d)(ii) to (iii) and (l) of that section to the provisions of some other document which is reasonably accessible to the worker. (3) A statement under section 1 may refer the worker for particulars of either of the matters specified in subsection (4)(e) of that section to the law or to the provisions of any collective agreement directly affecting the terms and conditions of the employment which is reasonably accessible to the worker. (4) A statement, insofar as it relates to the particulars required by section1(4)(d)(iii), (j) and (l) and the note required by section 3— (a) may be given in instalments; and (b) must be given not later than two months after the beginning of the employment, even where the employment ends before that date. (5) Where before the end of the period of two months after the beginning of a worker’s employment the worker is to begin to work outside the United Kingdom for a period of more than one month, any instalment of a statement given under subsection (4) shall be given to him not later than the time when he leaves the United Kingdom in order to begin so to work. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) A statement under section 1 shall include a note— (a) specifying any disciplinary rules applicable to the worker or referring the worker to the provisions of a document specifying such rules which is reasonably accessible to the worker, (aa) specifying any procedure applicable to the taking of disciplinary decisions relating to the worker, or to a decision to dismiss the worker, or referring the worker to the provisions of a document specifying such a procedure which is reasonably accessible to the worker, (b) specifying (by description or otherwise)— (i) a person to whom the worker can apply if dissatisfied with any disciplinary decision relating to him or any decision to dismiss him, and (ii) a person to whom the worker can apply for the purpose of seeking redress of any grievance relating to his employment, and the manner in which any such application should be made, and (c) where there are further steps consequent on any such application, explaining those steps or referring to the provisions of a document explaining them which is reasonably accessible to the worker. (2) Subsection (1) does not apply to rules, disciplinary decisions, decisions to dismiss grievances or procedures relating to health or safety at work. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) If, after the material date, there is a change in any of the matters particulars of which are required by sections 1 to 3 to be included or referred to in a statement under section 1, the employer shall give to the worker a written statement containing particulars of the change. (2) For the purposes of subsection (1)— (a) in relation to a matter particulars of which are included or referred to in a statement given under section 1 ... , the material date is the date to which the statement relates, (b) in relation to a matter particulars of which— (i) are included or referred to in an instalment of a statement given under section 2(4) (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the material date is the date to which the instalment relates, and (c) in relation to any other matter, the material date is the date by which a statement under section 1 is required to be given. (3) A statement under subsection (1) shall be given at the earliest opportunity and, in any event, not later than— (a) one month after the change in question, or (b) where that change results from the worker being required to work outside the United Kingdom for a period of more than one month, the time when he leaves the United Kingdom in order to begin so to work, if that is earlier. (4) A statement under subsection (1) may refer the worker to the provisions of some other document which is reasonably accessible to the worker for a change in any of the matters specified in sections 1(4)(d)(ii) to (iii) and 3(1)(a) and (c). (5) A statement under subsection (1) may refer the worker for a change in either of the matters specified in section 1(4)(e) to the law or to the provisions of any collective agreement directly affecting the terms and conditions of the employment which is reasonably accessible to the worker. (6) Where, after an employer has given to a worker a statement under section 1, either— (a) the name of the employer (whether an individual or a body corporate or partnership) is changed without any change in the identity of the employer, or (b) in the case of a statement given to an employee, the identity of the employer is changed in circumstances in which the continuity of the employee’s period of employment is not broken, and subsection (7) applies in relation to the change, the person who is the employer immediately after the change is not required to give to the worker a statement under section 1; but the change shall be treated as a change falling within subsection (1) of this section. (7) This subsection applies in relation to a change if it does not involve any change in any of the matters (other than the names of the parties) particulars of which are required by sections 1 to 3 to be included or referred to in the statement under section 1. (8) A statement under subsection (1) which informs an employee of a change such as is referred to in subsection (6)(b) shall specify the date on which the employee’s period of continuous employment began.
Propose a change(1) Sections 1 to 4 apply to a worker who at any time comes or ceases to come within the exceptions from those sections provided by section 199, and under section 209, as if his employment with his employer terminated or began at that time. (2) The fact that section 1 is directed by subsection (1) to apply to a worker as if his employment began on his ceasing to come within the exceptions referred to in that subsection does not affect the obligation under section 1(3)(b) to specify the date on which his employment actually began.
Propose a changeIn sections 2 to 4 references to a document or collective agreement which is reasonably accessible to a worker are references to a document or collective agreement which— (a) the worker has reasonable opportunities of reading in the course of his employment, or (b) is made reasonably accessible to the worker in some other way.
Propose a changeThe Secretary of State may by order provide that section 1 shall have effect as if particulars of such further matters as may be specified in the order were included in the particulars required by that section; and, for that purpose, the order may include such provisions amending that section as appear to the Secretary of State to be expedient.
Propose a change(1) Subsections (2) and (3) apply where— (a) an employer gives a worker a document in writing in the form of a contract of employment or other worker’s contract or letter of engagement, (b) the document contains information which, were the document in the form of a statement under section 1, would meet the employer’s obligation under that section in relation to the matters mentioned in that section save for the particulars specified in section 2(4) and, and (c) the document is given not later than the beginning of the employment. (2) The employer’s duty under section 1 in relation to any matter shall be treated as met if the document given to the worker contains information which, were the document in the form of a statement under that section, would meet the employer’s obligation under that section in relation to that matter. (3) The employer’s duty under section 3 shall be treated as met if the document given to the worker contains information which, were the document in the form of a statement under section 1 and the information included in the form of a note, would meet the employer’s obligation under section 3. (4) For the purposes of this section a document to which subsection (1)(a) applies shall be treated, in relation to information in respect of any of the matters mentioned in section 1(4), as specifying the date on which the document is given to the worker as the date as at which the information applies. (5) Where subsection (2) applies in relation to any matter, the date on which the document by virtue of which that subsection applies is given to the worker shall be the material date in relation to that matter for the purposes of section 4(1). (6) Where subsection (3) applies, the date on which the document by virtue of which that subsection applies is given to the worker shall be the material date for the purposes of section 4(1) in relation to the matters of which particulars are required to be given under section 3. (7) The reference in section 4(6) to an employer having given a statement under section 1 shall be treated as including his having given a document by virtue of which his duty to give such a statement is treated as met.
Propose a changeA document in the form of a contract of employment or other worker’s contract or letter of engagement given by an employer to a worker before the beginning of the worker’s employment with the employer shall, when the employment begins, be treated for the purposes of section 7A as having been given at that time.
Propose a change(1) A worker has the right to be given by his employer, at or before the time at which any payment of wages or salary is made to him, a written itemised pay statement. (2) The statement shall contain particulars of— (a) the gross amount of the wages or salary, (b) the amounts of any variable, and (subject to section 9) any fixed, deductions from that gross amount and the purposes for which they are made, (c) the net amount of wages or salary payable, ... (d) where different parts of the net amount are paid in different ways, the amount and method of payment of each part-payment; and (e) where the amount of wages or salary varies by reference to time worked, the total number of hours worked in respect of the variable amount of wages or salary either as— (i) a single aggregate figure, or (ii) separate figures for different types of work or different rates of pay.
Propose a change(1) A pay statement given in accordance with section 8 need not contain separate particulars of a fixed deduction if— (a) it contains instead an aggregate amount of fixed deductions, including that deduction, and (b) the employer has given to the worker, at or before the time at which the pay statement is given, a standing statement of fixed deductions which satisfies subsection (2). (2) A standing statement of fixed deductions satisfies this subsection if— (a) it is in writing, (b) it contains, in relation to each deduction comprised in the aggregate amount of deductions, particulars of— (i) the amount of the deduction, (ii) the intervals at which the deduction is to be made, and (iii) the purpose for which it is made, and (c) it is (in accordance with subsection (5)) effective at the date on which the pay statement is given. (3) A standing statement of fixed deductions may be amended, whether by— (a) addition of a new deduction, (b) a change in the particulars, or (c) cancellation of an existing deduction, by notice in writing, containing particulars of the amendment, given by the employer to the worker. (4) An employer who has given to a worker a standing statement of fixed deductions shall— (a) within the period of twelve months beginning with the date on which the first standing statement was given, and (b) at intervals of not more than twelve months afterwards, re-issue it in a consolidated form incorporating any amendments notified in accordance with subsection (3). (5) For the purposes of subsection (2)(c) a standing statement of fixed deductions— (a) becomes effective on the date on which it is given to the worker, and (b) ceases to be effective at the end of the period of twelve months beginning with that date or, where it is re-issued in accordance with subsection (4), with the end of the period of twelve months beginning with the date of the last re-issue.
Propose a changeThe Secretary of State may by order— (a) vary the provisions of sections 8 and 9 as to the particulars which must be included in a pay statement or a standing statement of fixed deductions by adding items to, or removing items from, the particulars listed in those sections or by amending any such particulars, and (b) vary the provisions of subsections (4) and (5) of section 9 so as to shorten or extend the periods of twelve months referred to in those subsections, or those periods as varied from time to time under this section.
Propose a change(1) Where an employer does not give a worker a statement as required by section 1, 4 or 8 (either because the employer gives the worker no statement or because the statement the employer gives does not comply with what is required), the worker may require a reference to be made to an employment tribunal to determine what particulars ought to have been included or referred to in a statement so as to comply with the requirements of the section concerned. (2) Where— (a) a statement purporting to be a statement under section 1 or 4, or a pay statement or a standing statement of fixed deductions purporting to comply with section 8 or 9, has been given to a worker, and (b) a question arises as to the particulars which ought to have been included or referred to in the statement so as to comply with the requirements of this Part, either the employer or the worker may require the question to be referred to and determined by an employment tribunal. (3) For the purposes of this section— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) a question as to the particulars which ought to have been included in a pay statement or standing statement of fixed deductions does not include a question solely as to the accuracy of an amount stated in any such particulars. (4) An employment tribunal shall not consider a reference under this section in a case where the employment to which the reference relates has ceased unless an application requiring the reference to be made was made— (a) before the end of the period of six months beginning with the date on which the employment ceased, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the application to be made before the end of that period of six months. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) also applies for the purposes of subsection (4)(a).
Propose a change(1) Where, on a reference under section 11(1), an employment tribunal determines particulars as being those which ought to have been included or referred to in a statement given under section 1 or 4, the employer shall be deemed to have given to the worker a statement in which those particulars were included, or referred to, as specified in the decision of the tribunal. (2) On determining a reference under section 11(2) relating to a statement purporting to be a statement under section 1 or 4, an employment tribunal may— (a) confirm the particulars as included or referred to in the statement given by the employer, (b) amend those particulars, or (c) substitute other particulars for them, as the tribunal may determine to be appropriate; and the statement shall be deemed to have been given by the employer to the worker in accordance with the decision of the tribunal. (3) Where on a reference under section 11 an employment tribunal finds— (a) that an employer has failed to give a worker any pay statement in accordance with section 8, or (b) that a pay statement or standing statement of fixed deductions does not, in relation to a deduction, contain the particulars required to be included in that statement by that section or section 9, the tribunal shall make a declaration to that effect. (4) Where on a reference in the case of which subsection (3) applies the tribunal further finds that any unnotified deductions have been made from the pay of the worker during the period of thirteen weeks immediately preceding the date of the application for the reference (whether or not the deductions were made in breach of the contract of employment), the tribunal may order the employer to pay the worker a sum not exceeding the aggregate of the unnotified deductions so made. (5) For the purposes of subsection (4) a deduction is an unnotified deduction if it is made without the employer giving the worker, in any pay statement or standing statement of fixed deductions, the particulars of the deduction required by section 8 or 9.
Propose a change(1) An employer shall not make a deduction from wages of a worker employed by him unless— (a) the deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker’s contract, or (b) the worker has previously signified in writing his agreement or consent to the making of the deduction. (2) In this section “relevant provision”, in relation to a worker’s contract, means a provision of the contract comprised— (a) in one or more written terms of the contract of which the employer has given the worker a copy on an occasion prior to the employer making the deduction in question, or (b) in one or more terms of the contract (whether express or implied and, if express, whether oral or in writing) the existence and effect, or combined effect, of which in relation to the worker the employer has notified to the worker in writing on such an occasion. (3) Where the total amount of wages paid on any occasion by an employer to a worker employed by him is less than the total amount of the wages properly payable by him to the worker on that occasion (after deductions), the amount of the deficiency shall be treated for the purposes of this Part as a deduction made by the employer from the worker’s wages on that occasion. (4) Subsection (3) does not apply in so far as the deficiency is attributable to an error of any description on the part of the employer affecting the computation by him of the gross amount of the wages properly payable by him to the worker on that occasion. (5) For the purposes of this section a relevant provision of a worker’s contract having effect by virtue of a variation of the contract does not operate to authorise the making of a deduction on account of any conduct of the worker, or any other event occurring, before the variation took effect. (6) For the purposes of this section an agreement or consent signified by a worker does not operate to authorise the making of a deduction on account of any conduct of the worker, or any other event occurring, before the agreement or consent was signified. (7) This section does not affect any other statutory provision by virtue of which a sum payable to a worker by his employer but not constituting “wages” within the meaning of this Part is not to be subject to a deduction at the instance of the employer. (8) In relation to deductions from amounts of qualifying tips, gratuities and service charges allocated to workers under Part 2B, subsection (1) applies as if— (a) in paragraph (a), the words “or a relevant provision of the worker’s contract” were omitted, and (b) paragraph (b) were omitted.
Propose a change(1) Section 13 does not apply to a deduction from a worker’s wages made by his employer where the purpose of the deduction is the reimbursement of the employer in respect of— (a) an overpayment of wages, or (b) an overpayment in respect of expenses incurred by the worker in carrying out his employment, made (for any reason) by the employer to the worker. (2) Section 13 does not apply to a deduction from a worker’s wages made by his employer in consequence of any disciplinary proceedings if those proceedings were held by virtue of a statutory provision. (3) Section 13 does not apply to a deduction from a worker’s wages made by his employer in pursuance of a requirement imposed on the employer by a statutory provision to deduct and pay over to a public authority amounts determined by that authority as being due to it from the worker if the deduction is made in accordance with the relevant determination of that authority. (4) Section 13 does not apply to a deduction from a worker’s wages made by his employer in pursuance of any arrangements which have been established— (a) in accordance with a relevant provision of his contract to the inclusion of which in the contract the worker has signified his agreement or consent in writing, or (b) otherwise with the prior agreement or consent of the worker signified in writing, and under which the employer is to deduct and pay over to a third person amounts notified to the employer by that person as being due to him from the worker, if the deduction is made in accordance with the relevant notification by that person. (5) Section 13 does not apply to a deduction from a worker’s wages made by his employer where the worker has taken part in a strike or other industrial action and the deduction is made by the employer on account of the worker’s having taken part in that strike or other action. (6) Section 13 does not apply to a deduction from a worker’s wages made by his employer with his prior agreement or consent signified in writing where the purpose of the deduction is the satisfaction (whether wholly or in part) of an order of a court or tribunal requiring the payment of an amount by the worker to the employer.
Propose a change(1) An employer shall not receive a payment from a worker employed by him unless— (a) the payment is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker’s contract, or (b) the worker has previously signified in writing his agreement or consent to the making of the payment. (2) In this section “relevant provision”, in relation to a worker’s contract, means a provision of the contract comprised— (a) in one or more written terms of the contract of which the employer has given the worker a copy on an occasion prior to the employer receiving the payment in question, or (b) in one or more terms of the contract (whether express or implied and, if express, whether oral or in writing) the existence and effect, or combined effect, of which in relation to the worker the employer has notified to the worker in writing on such an occasion. (3) For the purposes of this section a relevant provision of a worker’s contract having effect by virtue of a variation of the contract does not operate to authorise the receipt of a payment on account of any conduct of the worker, or any other event occurring, before the variation took effect. (4) For the purposes of this section an agreement or consent signified by a worker does not operate to authorise the receipt of a payment on account of any conduct of the worker, or any other event occurring, before the agreement or consent was signified. (5) Any reference in this Part to an employer receiving a payment from a worker employed by him is a reference to his receiving such a payment in his capacity as the worker’s employer.
Propose a change(1) Section 15 does not apply to a payment received from a worker by his employer where the purpose of the payment is the reimbursement of the employer in respect of— (a) an overpayment of wages, or (b) an overpayment in respect of expenses incurred by the worker in carrying out his employment, made (for any reason) by the employer to the worker. (2) Section 15 does not apply to a payment received from a worker by his employer in consequence of any disciplinary proceedings if those proceedings were held by virtue of a statutory provision. (3) Section 15 does not apply to a payment received from a worker by his employer where the worker has taken part in a strike or other industrial action and the payment has been required by the employer on account of the worker’s having taken part in that strike or other action. (4) Section 15 does not apply to a payment received from a worker by his employer where the purpose of the payment is the satisfaction (whether wholly or in part) of an order of a court or tribunal requiring the payment of an amount by the worker to the employer.
Propose a change(1) In the following provisions of this Part— “cash shortage” means a deficit arising in relation to amounts received in connection with retail transactions, and “stock deficiency” means a stock deficiency arising in the course of retail transactions. (2) In the following provisions of this Part “retail employment”, in relation to a worker, means employment involving (whether or not on a regular basis)— (a) the carrying out by the worker of retail transactions directly with members of the public or with fellow workers or other individuals in their personal capacities, or (b) the collection by the worker of amounts payable in connection with retail transactions carried out by other persons directly with members of the public or with fellow workers or other individuals in their personal capacities. (3) References in this section to a “retail transaction” are to the sale or supply of goods or the supply of services (including financial services). (4) References in the following provisions of this Part to a deduction made from wages of a worker in retail employment, or to a payment received from such a worker by his employer, on account of a cash shortage or stock deficiency include references to a deduction or payment so made or received on account of— (a) any dishonesty or other conduct on the part of the worker which resulted in any such shortage or deficiency, or (b) any other event in respect of which he (whether or not together with any other workers) has any contractual liability and which so resulted, in each case whether or not the amount of the deduction or payment is designed to reflect the exact amount of the shortage or deficiency. (5) References in the following provisions of this Part to the recovery from a worker of an amount in respect of a cash shortage or stock deficiency accordingly include references to the recovery from him of an amount in respect of any such conduct or event as is mentioned in subsection (4)(a) or (b). (6) In the following provisions of this Part “pay day”, in relation to a worker, means a day on which wages are payable to the worker.
Propose a change(1) Where (in accordance with section 13) the employer of a worker in retail employment makes, on account of one or more cash shortages or stock deficiencies, a deduction or deductions from wages payable to the worker on a pay day, the amount or aggregate amount of the deduction or deductions shall not exceed one-tenth of the gross amount of the wages payable to the worker on that day. (2) Where the employer of a worker in retail employment makes a deduction from the worker’s wages on account of a cash shortage or stock deficiency, the employer shall not be treated as making the deduction in accordance with section 13 unless (in addition to the requirements of that section being satisfied with respect to the deduction)— (a) the deduction is made, or (b) in the case of a deduction which is one of a series of deductions relating to the shortage or deficiency, the first deduction in the series was made, not later than the end of the relevant period. (3) In subsection (2) “the relevant period” means the period of twelve months beginning with the date when the employer established the existence of the shortage or deficiency or (if earlier) the date when he ought reasonably to have done so.
Propose a change(1) This section applies where— (a) by virtue of an agreement between a worker in retail employment and his employer, the amount of the worker’s wages or any part of them is or may be determined by reference to the incidence of cash shortages or stock deficiencies, and (b) the gross amount of the wages payable to the worker on any pay day is, on account of any such shortages or deficiencies, less than the gross amount of the wages that would have been payable to him on that day if there had been no such shortages or deficiencies. (2) The amount representing the difference between the two amounts referred to in subsection (1)(b) shall be treated for the purposes of this Part as a deduction from the wages payable to the worker on that day made by the employer on account of the cash shortages or stock deficiencies in question. (3) The second of the amounts referred to in subsection (1)(b) shall be treated for the purposes of this Part (except subsection (1)) as the gross amount of the wages payable to him on that day. (4) Accordingly— (a) section 13, and (b) if the requirements of section 13 and subsection (2) of section 18 are satisfied, subsection (1) of section 18, have effect in relation to the amount referred to in subsection (2) of this section.
Propose a change(1) Where the employer of a worker in retail employment receives from the worker a payment on account of a cash shortage or stock deficiency, the employer shall not be treated as receiving the payment in accordance with section 15 unless (in addition to the requirements of that section being satisfied with respect to the payment) he has previously— (a) notified the worker in writing of the worker’s total liability to him in respect of that shortage or deficiency, and (b) required the worker to make the payment by means of a demand for payment made in accordance with the following provisions of this section. (2) A demand for payment made by the employer of a worker in retail employment in respect of a cash shortage or stock deficiency— (a) shall be made in writing, and (b) shall be made on one of the worker’s pay days. (3) A demand for payment in respect of a particular cash shortage or stock deficiency, or (in the case of a series of such demands) the first such demand, shall not be made— (a) earlier than the first pay day of the worker following the date when he is notified of his total liability in respect of the shortage or deficiency in pursuance of subsection (1)(a) or, where he is so notified on a pay day, earlier than that day, or (b) later than the end of the period of twelve months beginning with the date when the employer established the existence of the shortage or deficiency or (if earlier) the date when he ought reasonably to have done so. (4) For the purposes of this Part a demand for payment shall be treated as made by the employer on one of a worker’s pay days if it is given to the worker or posted to, or left at, his last known address— (a) on that pay day, or (b) in the case of a pay day which is not a working day of the employer’s business, on the first such working day following that pay day. (5) Legal proceedings by the employer of a worker in retail employment for the recovery from the worker of an amount in respect of a cash shortage or stock deficiency shall not be instituted by the employer after the end of the period referred to in subsection (3)(b) unless the employer has within that period made a demand for payment in respect of that amount in accordance with this section.
Propose a change(1) Where the employer of a worker in retail employment makes on any pay day one or more demands for payment in accordance with section 20, the amount or aggregate amount required to be paid by the worker in pursuance of the demand or demands shall not exceed— (a) one-tenth of the gross amount of the wages payable to the worker on that day, or (b) where one or more deductions falling within section 18(1) are made by the employer from those wages, such amount as represents the balance of that one-tenth after subtracting the amount or aggregate amount of the deduction or deductions. (2) Once an amount has been required to be paid by means of a demand for payment made in accordance with section 20 on any pay day, that amount shall not be taken into account under subsection (1) as it applies to any subsequent pay day, even though the employer is obliged to make further requests for it to be paid. (3) Where in any legal proceedings the court finds that the employer of a worker in retail employment is (in accordance with section 15 as it applies apart from section 20(1)) entitled to recover an amount from the worker in respect of a cash shortage or stock deficiency, the court shall, in ordering the payment by the worker to the employer of that amount, make such provision as appears to the court to be necessary to ensure that it is paid by the worker at a rate not exceeding that at which it could be recovered from him by the employer in accordance with this section.
Propose a change(1) In this section “final instalment of wages”, in relation to a worker, means— (a) the amount of wages payable to the worker which consists of or includes an amount payable by way of contractual remuneration in respect of the last of the periods for which he is employed under his contract prior to its termination for any reason (but excluding any wages referable to any earlier such period), or (b) where an amount in lieu of notice is paid to the worker later than the amount referred to in paragraph (a), the amount so paid, in each case whether the amount in question is paid before or after the termination of the worker’s contract. (2) Section 18(1) does not operate to restrict the amount of any deductions which may (in accordance with section 13(1)) be made by the employer of a worker in retail employment from the worker’s final instalment of wages. (3) Nothing in section 20 or 21 applies to a payment falling within section 20(1) which is made on or after the day on which any such worker’s final instalment of wages is paid; but (even if the requirements of section 15 would otherwise be satisfied with respect to it) his employer shall not be treated as receiving any such payment in accordance with that section if the payment was first required to be made after the end of the period referred to in section 20(3)(b). (4) Section 21(3) does not apply to an amount which is to be paid by a worker on or after the day on which his final instalment of wages is paid.
Propose a change(1) A worker may present a complaint to an employment tribunal— (a) that his employer has made a deduction from his wages in contravention of section 13 (including a deduction made in contravention of that section as it applies by virtue of section 18(2)), (b) that his employer has received from him a payment in contravention of section 15 (including a payment received in contravention of that section as it applies by virtue of section 20(1)), (c) that his employer has recovered from his wages by means of one or more deductions falling within section 18(1) an amount or aggregate amount exceeding the limit applying to the deduction or deductions under that provision, or (d) that his employer has received from him in pursuance of one or more demands for payment made (in accordance with section 20) on a particular pay day, a payment or payments of an amount or aggregate amount exceeding the limit applying to the demand or demands under section 21(1). (2) Subject to subsection (4), an employment tribunal shall not consider a complaint under this section unless it is presented before the end of the period of six months beginning with— (a) in the case of a complaint relating to a deduction by the employer, the date of payment of the wages from which the deduction was made, or (b) in the case of a complaint relating to a payment received by the employer, the date when the payment was received. (3) Where a complaint is brought under this section in respect of— (a) a series of deductions or payments, or (b) a number of payments falling within subsection (1)(d) and made in pursuance of demands for payment subject to the same limit under section 21(1) but received by the employer on different dates, the references in subsection (2) to the deduction or payment are to the last deduction or payment in the series or to the last of the payments so received. (3A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2). (4) Where the employment tribunal is satisfied that it was not reasonably practicable for a complaint under this section to be presented before the end of the relevant period of six months, the tribunal may consider the complaint if it is presented within such further period as the tribunal considers reasonable. (4A) An employment tribunal is not (despite subsections (3) and (4)) to consider so much of a complaint brought under this section as relates to a deduction where the date of payment of the wages from which the deduction was made was before the period of two years ending with the date of presentation of the complaint. (4B) Subsection (4A) does not apply so far as a complaint relates to a deduction from wages that are of a kind mentioned in section 27(1)(b) to (j). (5) No complaint shall be presented under this section in respect of any deduction made in contravention of section 86 of the Trade Union and Labour Relations (Consolidation) Act 1992 (deduction of political fund contribution where certificate of exemption or objection has been given).
Propose a change(1) Where a tribunal finds a complaint under section 23 well-founded, it shall make a declaration to that effect and shall order the employer— (a) in the case of a complaint under section 23(1)(a), to pay to the worker the amount of any deduction made in contravention of section 13, (b) in the case of a complaint under section 23(1)(b), to repay to the worker the amount of any payment received in contravention of section 15, (c) in the case of a complaint under section 23(1)(c), to pay to the worker any amount recovered from him in excess of the limit mentioned in that provision, and (d) in the case of a complaint under section 23(1)(d), to repay to the worker any amount received from him in excess of the limit mentioned in that provision. (2) Where a tribunal makes a declaration under subsection (1), it may order the employer to pay to the worker (in addition to any amount ordered to be paid under that subsection) such amount as the tribunal considers appropriate in all the circumstances to compensate the worker for any financial loss sustained by him which is attributable to the matter complained of.
Propose a change(1) Where, in the case of any complaint under section 23(1)(a), a tribunal finds that, although neither of the conditions set out in section 13(1)(a) and (b) was satisfied with respect to the whole amount of the deduction, one of those conditions was satisfied with respect to any lesser amount, the amount of the deduction shall for the purposes of section 24(a) be treated as reduced by the amount with respect to which that condition was satisfied. (2) Where, in the case of any complaint under section 23(1)(b), a tribunal finds that, although neither of the conditions set out in section 15(1)(a) and (b) was satisfied with respect to the whole amount of the payment, one of those conditions was satisfied with respect to any lesser amount, the amount of the payment shall for the purposes of section 24(b) be treated as reduced by the amount with respect to which that condition was satisfied. (3) An employer shall not under section 24 be ordered by a tribunal to pay or repay to a worker any amount in respect of a deduction or payment, or in respect of any combination of deductions or payments, in so far as it appears to the tribunal that he has already paid or repaid any such amount to the worker. (4) Where a tribunal has under section 24 ordered an employer to pay or repay to a worker any amount in respect of a particular deduction or payment falling within section 23(1)(a) to (d), the amount which the employer is entitled to recover (by whatever means) in respect of the matter in relation to which the deduction or payment was originally made or received shall be treated as reduced by that amount. (5) Where a tribunal has under section 24 ordered an employer to pay or repay to a worker any amount in respect of any combination of deductions or payments falling within section 23(1)(c) or (d), the aggregate amount which the employer is entitled to recover (by whatever means) in respect of the cash shortages or stock deficiencies in relation to which the deductions or payments were originally made or required to be made shall be treated as reduced by that amount.
Propose a changeSection 23 does not affect the jurisdiction of an employment tribunal to consider a reference under section 11 in relation to any deduction from the wages of a worker; but the aggregate of any amounts ordered by an employment tribunal to be paid under section 12(4) and under section 24 (whether on the same or different occasions) in respect of a particular deduction shall not exceed the amount of the deduction.
Propose a change(1) In this Part “wages”, in relation to a worker, means any sums payable to the worker in connection with his employment, including— (a) any fee, bonus, commission, holiday pay or other emolument referable to his employment, whether payable under his contract or otherwise, (b) statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, (c) statutory maternity pay under Part XII of that Act, (ca) statutory paternity pay under Part 12ZA of that Act, (cb) statutory adoption pay under Part 12ZB of that Act, (cc) statutory shared parental pay under Part 12ZC of that Act, (cd) statutory parental bereavement pay under Part 12ZD of that Act, (ce) statutory neonatal care pay under Part 12ZE of that Act, (ce) any amount of qualifying tips, gratuities and service charges allocated to the worker under Part 2B of this Act, (d) a guarantee payment (under section 28 of this Act), (e) any payment for time off under Part VI of this Act or section 169 of the Trade Union and Labour Relations (Consolidation) Act 1992 (payment for time off for carrying out trade union duties etc.), (f) remuneration on suspension on medical grounds under section 64 of this Act and remuneration on suspension on maternity grounds under section 68 of this Act, (fa) remuneration on ending the supply of an agency worker on maternity grounds under section 68C of this Act. (g) any sum payable in pursuance of an order for reinstatement or re-engagement under section 113 of this Act, (h) any sum payable in pursuance of an order for the continuation of a contract of employment under section 130 of this Act or section 164 of the Trade Union and Labour Relations (Consolidation) Act 1992, and (j) remuneration under a protective award under section 189 of that Act, but excluding any payments within subsection (2). (2) Those payments are— (a) any payment by way of an advance under an agreement for a loan or by way of an advance of wages (but without prejudice to the application of section 13 to any deduction made from the worker’s wages in respect of any such advance), (b) any payment in respect of expenses incurred by the worker in carrying out his employment, (c) any payment by way of a pension, allowance or gratuity in connection with the worker’s retirement or as compensation for loss of office, (d) any payment referable to the worker’s redundancy, and (e) any payment to the worker otherwise than in his capacity as a worker. (3) Where any payment in the nature of a non-contractual bonus is (for any reason) made to a worker by his employer, the amount of the payment shall for the purposes of this Part— (a) be treated as wages of the worker, and (b) be treated as payable to him as such on the day on which the payment is made. (4) In this Part “gross amount”, in relation to any wages payable to a worker, means the total amount of those wages before deductions of whatever nature. (5) For the purposes of this Part any monetary value attaching to any payment or benefit in kind furnished to a worker by his employer shall not be treated as wages of the worker except in the case of any voucher, stamp or similar document which is— (a) of a fixed value expressed in monetary terms, and (b) capable of being exchanged (whether on its own or together with other vouchers, stamps or documents, and whether immediately or only after a time) for money, goods or services (or for any combination of two or more of those things).
Propose a change(1) In this section “zero hours contract” means a contract of employment or other worker's contract under which— (a) the undertaking to do or perform work or services is an undertaking to do so conditionally on the employer making work or services available to the worker, and (b) there is no certainty that any such work or services will be made available to the worker. (2) For this purpose, an employer makes work or services available to a worker if the employer requests or requires the worker to do the work or perform the services. (3) Any provision of a zero hours contract which— (a) prohibits the worker from doing work or performing services under another contract or under any other arrangement, or (b) prohibits the worker from doing so without the employer's consent, is unenforceable against the worker. (4) Subsection (3) is to be disregarded for the purposes of determining any question whether a contract is a contract of employment or other worker's contract.
Propose a change(1) The Secretary of State may by regulations make provision for the purpose of securing that zero hours workers, or any description of zero hours workers, are not restricted by any provision or purported provision of their worker’s contracts or their arrangements with their employers from doing any work otherwise than under those contracts or arrangements. (2) In this section, “zero hours workers” means— (a) employees or other workers who work under zero hours contracts; (b) individuals who work under ... zero hours arrangements; (c) individuals who work under worker's contracts of a kind specified by the regulations. (3) The worker's contracts which may be specified by virtue of subsection (2)(c) are those in relation to which the Secretary of State considers it appropriate for provision made by the regulations to apply, having regard, in particular, to provision made by the worker's contracts as to income, rate of pay or working hours. (4) In this section “... zero hours arrangement” means an arrangement (whether contractual or non-contractual) other than a worker's contract under which— (a) an employer and an individual agree terms on which the individual will do any work where the employer makes it available to the individual and the individual agrees to do it, but (b) the employer is not required to make any work available to the individual, nor the individual required to accept it, and in this section “employer”, in relation to a ... zero hours arrangement, is to be read accordingly. (5) Provision that may be made by regulations under subsection (1) includes provision for— (a) modifying— (i) zero hours contracts; (ii) ... zero hours arrangements; (iii) other worker's contracts; (b) imposing financial penalties on employers; (c) requiring employers to pay compensation to zero hours workers; (d) conferring jurisdiction on employment tribunals; (e) conferring rights on zero hours workers. (6) Provision that may be made by virtue of subsection (5)(a) may, in particular, include provision for — (a) exclusivity terms in prescribed categories of worker's contracts to be unenforceable, in cases in which section 27A does not apply. (b) exclusivity terms in prescribed categories of zero hours arrangements that are contractual arrangements to be unenforceable For this purpose an exclusivity term is any term by virtue of which a worker is restricted from doing any work otherwise than under the worker's contract or (as the case may be) an individual is restricted from doing any work otherwise than under a worker’s contract entered into in accordance with the zero hours arrangement. (7) Regulations under this section may— (a) make different provision for different purposes; (b) make provision subject to exceptions. (8) For the purposes of this section— (a) “zero hours contract” has the same meaning as in section 27A; (b) an employer makes work available to an individual if the employer requests or requires the individual to do it; (c) references to work and doing work include references to services and performing them. (9) Nothing in this section is to be taken to affect any worker's contract except so far as any regulations made under this section expressly apply in relation to it.
Propose a change(1) An employer must make a guaranteed hours offer to a worker in accordance with section 27BB after the end of every period— (a) that is a reference period in relation to that worker and that employer, and (b) in relation to which the worker is a qualifying worker of the employer. (2) Section 27BD makes provision for exceptions to this duty, including in certain cases where the worker ceases to be employed by the employer. (3) A worker is a qualifying worker of an employer in relation to a reference period if— (a) during the reference period the worker was employed by the employer under one or more worker’s contracts (whether or not continuously) and either— (i) the worker’s contract was, or the worker’s contracts were, a zero hours contract or entered into in accordance with a zero hours arrangement, or (ii) the worker’s contract, or the worker’s contracts (taken together), required the employer, or were entered into in accordance with an arrangement that required the employer, to make work available to the worker during the reference period for a number of hours (“the minimum number of hours”) not exceeding a specified number of hours, (b) during the reference period the worker worked under the worker’s contract or the worker’s contracts (taken together) for a number of hours (the “reference period hours”), (c) where paragraph (a)(ii) applies, the reference period hours exceeded the minimum number of hours, (d) the reference period hours satisfy such conditions (or, where paragraph (a)(ii) applies, such further conditions) as to number, regularity or otherwise as are specified, and (e) when the worker worked the reference period hours, it was not as an excluded worker or an agency worker (but see Part 1 of Schedule A1 for provision about guaranteed hours and agency workers). (4) In relation to a worker and the worker’s employer, each of the following is a “reference period”— (a) the initial reference period, and (b) each subsequent reference period. (5) “The initial reference period”, in relation to a worker and the worker’s employer, means the period— (a) beginning with— (i) where the worker is employed by the employer on the day on which subsection (1) comes into force (“the commencement day”), the commencement day, or (ii) where the worker is not so employed, the first day after the commencement day on which the worker is employed by the employer, and (b) ending with the specified day. (6) A “subsequent reference period”, in relation to a worker and the worker’s employer, means a period beginning and ending with the specified days. (7) See paragraph 6(4) of Schedule A1 for provision about when the initial reference period is not a reference period in relation to a worker who is a former agency worker and that worker’s employer. (8) For the purposes of this Chapter— (a) references to a “qualifying worker” are to a worker who is a qualifying worker of an employer in relation to a reference period by virtue of subsection (3), and (b) the reference period in relation to which the worker is a qualifying worker of the employer is referred to as “the relevant reference period”. (9) If, during a reference period— (a) a worker was employed by an employer under one or more worker’s contracts of the type described in subsection (3)(a)(i) and one or more worker’s contracts of the type described in subsection (3)(a)(ii), and (b) the hours that the worker worked under the worker’s contract, or the worker’s contracts, that are of the type described in subsection (3)(a)(ii) did not exceed the minimum number of hours, the worker’s contract, or the worker’s contracts, that are of the type described in subsection (3)(a)(ii) are to be disregarded in the application of this Chapter (other than this subsection) in relation to the worker and the reference period (and accordingly that worker’s contract, or those worker’s contracts, are to be treated as not existing). (10) Subsection (11) applies where— (a) a worker’s contract or arrangement requires an employer to make work available to a worker for a number of hours, and (b) some or all of those hours may be made available either on days falling within a reference period or on days falling within another period (all of the days on which the hours may be so made available together forming the “longer period”). In subsection (11), “the unassigned hours” are the hours that may be made available at any time during the longer period as described in paragraph (b). (11) Where this subsection applies— (a) subsection (3)(a)(ii) is to apply as if the contract or arrangement required the employer to make work available to the worker during the reference period for the apportioned number of the unassigned hours (in addition to any other hours that the employer is required to make available to the worker during the reference period); (b) “the apportioned number” of the unassigned hours is— H×D1D2 where— H is the number of the unassigned hours, D1 is the number of days in the reference period that fall within the longer period, and D2 is the number of days in the longer period. (12) Where there is more than one longer period in relation to the same reference period, subsection (11) is to be applied separately in relation to each longer period. (13) Nothing in this Chapter prevents an employer from making one or more other offers to a qualifying worker, to vary the worker’s terms and conditions of employment or enter into a new worker’s contract, at the same time as making a guaranteed hours offer. (14) Regulations made under subsection (3)(d), (5) or (6) may, in particular, include provision to take account of time when a worker does not work for a specified reason. (15) Before making— (a) the first regulations to be made under subsection (5), the Secretary of State must consult such persons as the Secretary of State considers appropriate about when the initial reference period is to end; (b) the first regulations to be made under subsection (6), the Secretary of State must consult such persons as the Secretary of State considers appropriate about when a subsequent reference period is to begin and end. (16) In this section, “excluded worker” means a worker who is of a specified description.
Propose a change(1) An offer by an employer to a qualifying worker is a guaranteed hours offer for the purposes of this Chapter if it is an offer— (a) to vary the worker’s terms and conditions of employment (but see subsection (6)), or (b) to enter into a new worker’s contract, and the terms and conditions as varied or (as the case may be) the new worker’s contract will require the employer to provide the qualifying worker with work, and the qualifying worker to do work, for a number of hours that reflects the reference period hours in the relevant reference period. (2) The Secretary of State may by regulations provide that an offer by an employer to a qualifying worker is a guaranteed hours offer for the purposes of this Chapter only if it also satisfies the condition in subsection (3). (3) The condition referred to in subsection (2) is that— (a) the offer sets out— (i) the days of the week, and the times on those days, when the offered number of hours are to be provided and worked, or (ii) a working pattern of days, and times of day, by reference to which the offered number of hours are to be provided and worked, and (b) those days and times reflect, or that pattern reflects, when the qualifying worker worked the reference period hours in the relevant reference period. (4) Where no regulations are in force under subsection (2) that apply in relation to an offer by an employer to a qualifying worker, the offer is a guaranteed hours offer for the purposes of this Chapter only if it also proposes terms and conditions relating to when the offered number of hours are to be provided and worked (which need not be on particular days of the week, or at particular times on those days, or by reference to a particular working pattern of days or times of day). (5) The Secretary of State may by regulations make provision about how it is to be determined— (a) whether an offer reflects the number of hours worked by a qualifying worker during a reference period; (b) where regulations are in force under subsection (2) that apply in relation to an offer, whether the offer reflects when hours were worked by a qualifying worker during a reference period. (6) A guaranteed hours offer may take the form of an offer to vary a qualifying worker’s terms and conditions of employment (as opposed to an offer to enter into a new worker’s contract) only if— (a) the qualifying worker worked for the employer under a worker’s contract at the beginning of the relevant reference period, (b) the qualifying worker is still working for the employer under that worker’s contract on the day the offer is made, and (c) the qualifying worker did not work for the employer under any other worker’s contract during the period beginning with the first day of the relevant reference period and ending with the day the offer is made. (7) A guaranteed hours offer that takes the form of an offer to vary a qualifying worker’s terms and conditions of employment— (a) must propose the removal of any term that provides for the contract to terminate by virtue of a limiting event unless, if the contract were entered into on the day the offer is made, it would be reasonable for it to be entered into as a limited-term contract; (b) may not propose any other variation of the worker’s terms and conditions of employment (other than what is required by or under subsections (1) and (2) or subsections (1) and (4)). (8) A guaranteed hours offer that takes the form of an offer to enter into a new worker’s contract— (a) must not propose a new worker’s contract that is a limited-term contract unless it is reasonable for it to be entered into as such a contract, and (b) must (in addition to what is required by or under subsections (1) and (2) or subsections (1) and (4)) propose terms and conditions of employment— (i) that, taken as a whole, are no less favourable than the terms and conditions of employment relating to matters other than working hours and length of employment that the qualifying worker had when working for the employer during the relevant reference period, or (ii) where section 27BC applies, that comply with subsection (2) of that section. (9) For the purposes of this section it is reasonable for a worker’s contract of a qualifying worker to be entered into as a limited-term contract only if— (a) it is reasonable for the qualifying worker’s employer to consider that the worker is only needed to perform a specific task and the contract provides for termination when the task has been performed, (b) it is reasonable for the qualifying worker’s employer to consider that the worker is only needed until the occurrence of an event (or the failure of an event to occur) and the contract provides for termination on the occurrence of the event (or the failure of the event to occur), or (c) it is reasonable for the qualifying worker’s employer to consider that there is only a temporary need of a specified description (not falling within paragraph (a) or (b)) for the qualifying worker to do work under the contract and the contract is to expire at a time when it is reasonable for the employer to consider that the temporary need will come to an end. (10) Before making the first regulations to be made under subsection (9)(c) the Secretary of State must consult— (a) such persons representing the interests of seasonal workers as the Secretary of State considers appropriate, (b) such persons representing the interests of employers of seasonal workers as the Secretary of State considers appropriate, and (c) such other persons as the Secretary of State considers appropriate. (11) A guaranteed hours offer— (a) must be made by no later than the specified day, (b) must be made in the specified form and manner, and (c) must be accompanied by specified information relating to the offer. (12) The Secretary of State may by regulations make provision about when a guaranteed hours offer is to be treated as having been made. (13) In this section, “reference period hours”, in relation to a qualifying worker and a relevant reference period, has the same meaning as in section 27BA(3).
Propose a change(1) This section applies where— (a) a guaranteed hours offer made by an employer to a qualifying worker takes the form of an offer to enter into a new worker’s contract, and (b) during the relevant reference period— (i) the qualifying worker worked for the employer under more than one worker’s contract and did not have the same terms and conditions of employment relating to matters other than working hours and length of employment under those worker’s contracts, or (ii) the qualifying worker worked for the employer under only one worker’s contract but there was a variation during the relevant reference period of the qualifying worker’s terms and conditions of employment relating to matters other than working hours and length of employment. (2) Where this section applies, the guaranteed hours offer may propose terms and conditions of employment (in addition to what is required by or under section 27BB(1) and (2) or section 27BB(1) and (4)) that, taken as a whole, are less favourable than the most favourable terms and conditions of employment relating to matters other than working hours and length of employment that the qualifying worker had when working for the employer during the relevant reference period, but only if— (a) those proposed terms and conditions, taken as a whole, are no less favourable than the least favourable terms and conditions relating to matters other than working hours and length of employment that the qualifying worker had when working for the employer during the relevant reference period, and (b) the proposal of those terms by the employer constitutes a proportionate means of achieving a legitimate aim. (3) If an employer relies on subsection (2) when making a guaranteed hours offer to a qualifying worker, the employer must give to the qualifying worker a notice that— (a) states that the employer has done so, and (b) explains how the proposed terms and conditions constitute a proportionate means of achieving a legitimate aim. (4) A notice under subsection (3) must be given by no later than the same day, and in the same form and manner, as the guaranteed hours offer (see section 27BB(11)).
Propose a change(1) The duty imposed by section 27BA(1) on an employer in relation to a qualifying worker does not apply if during the relevant reference period or the offer period there is a relevant termination of— (a) the worker’s contract under which the qualifying worker has been working for the employer, or (b) the arrangement in accordance with the terms of which the qualifying worker has been working for the employer. (2) A guaranteed hours offer made by an employer to a qualifying worker is to be treated as having been withdrawn if during the response period there is a relevant termination of— (a) the worker’s contract under which the qualifying worker has been working for the employer, or (b) the arrangement in accordance with the terms of which the qualifying worker has been working for the employer. (3) Where a qualifying worker works for an employer under more than one worker’s contract, or in accordance with the terms of more than one arrangement, during— (a) the relevant reference period, (b) the offer period, or (c) the response period, the references in subsections (1) and (2) to the worker’s contract or (as the case may be) the arrangement are to the worker’s contract under which, or (as the case may be) the arrangement in accordance with the terms of which, the qualifying worker last worked for the employer before the end of the period in question. (4) There is a relevant termination of a worker’s contract entered into between a qualifying worker and an employer if— (a) the qualifying worker terminates (with or without notice) the worker’s contract otherwise than in circumstances in which the worker is entitled to terminate it without notice by reason of the employer’s conduct, (b) the employer terminates (with or without notice) the worker’s contract and— (i) the employer’s reason for doing so (or, if more than one, the employer’s principal reason for doing so) is a qualifying reason, and (ii) in the circumstances (including the size and administrative resources of the employer’s undertaking) the employer acts reasonably in treating the reason (or the principal reason) as a sufficient reason for terminating the contract, or (c) the worker’s contract terminates by virtue of a limiting event and it was reasonable for the contract to have been entered into as a limited-term contract. (5) There is a relevant termination of an arrangement entered into between a qualifying worker and an employer if— (a) the qualifying worker or the employer terminates the arrangement and the termination is equivalent to a termination falling within subsection (4)(a) or (b), or (b) the arrangement was not intended to be permanent and the termination of it is equivalent to a termination falling within subsection (4)(c). (6) The Secretary of State may by regulations make provision for the duty imposed by section 27BA(1) not to apply in relation to a reference period, or for a guaranteed hours offer that has been made to be treated as having been withdrawn, in other specified circumstances. (7) In exercising the power under subsection (6) the Secretary of State must, in particular, have regard to— (a) the benefit to workers of receiving a guaranteed hours offer under this Chapter, and (b) the desirability of preventing this Chapter from having a significant adverse effect on employers who are dealing with exceptional circumstances. (8) Where, by virtue of subsection (2), a guaranteed hours offer made by an employer to a qualifying worker is treated as having been withdrawn, the employer must, by no later than the end of the response period, give a notice to the qualifying worker stating this to be the case. (9) Where, by virtue of regulations under subsection (6)— (a) an employer who would otherwise have been subject to the duty imposed by section 27BA(1) in relation to a qualifying worker and a particular reference period is not required to make a guaranteed hours offer to the qualifying worker, or (b) a guaranteed hours offer made by an employer to a qualifying worker is treated as having been withdrawn, the employer must give a notice to the qualifying worker that states which provision of the regulations has produced the effect referred to in paragraph (a) or (b) (as the case may be). (10) A notice under subsection (9) must be given by an employer to a qualifying worker— (a) where it is required to be given by virtue of paragraph (a) of that subsection, by no later than the end of the offer period; (b) where it is required to be given by virtue of paragraph (b) of that subsection, by no later than the end of the response period. (11) The Secretary of State may by regulations make provision about— (a) the form and manner in which a notice under subsection (8) or (9) must be given; (b) when a notice under subsection (8) or (9) is to be treated as having been given. (12) For the purposes of subsection (4)(c) (and subsection (5)(b), which applies subsection (4)(c))— (a) subsection (9) of section 27BB (when it is reasonable for a worker’s contract to be entered into as a limited-term contract) applies as it applies for the purposes of that section; (b) it is to be presumed, unless the contrary is shown, that it was not reasonable for the worker’s contract to have been entered into as a limited-term contract if the work done by the qualifying worker under the worker’s contract was of the same or a similar nature as the work done under another worker’s contract under which the qualifying worker worked for the employer— (i) where the period in question is the relevant reference period, during that period; (ii) where the period in question is the offer period, during that period or the relevant reference period; (iii) where the period in question is the response period, during that period, the relevant reference period or the offer period. (13) In this section— “the offer period”, in relation to a qualifying worker and the qualifying worker’s employer, means the period beginning with the day after the day on which the relevant reference period ends and ending with— the day on which a guaranteed hours offer is made to the qualifying worker by the employer, or if no guaranteed hours offer is made before the day specified under section 27BB(11)(a) as the last day on which the employer may make such an offer to the qualifying worker, that last day; “qualifying reason” means— a reason of the type mentioned in section 98(1)(b), or in relation to a worker who was not an employee immediately before ceasing to be employed, a reason that would be of the type mentioned in section 98(1)(b) if references in that provision and in section 98(2) and (3) to an employee were references to a worker; “the response period”, in relation to a guaranteed hours offer made to a qualifying worker, means the period— beginning with the day after the day on which the offer is made, and ending with the specified day.
Propose a change(1) Where an employer makes a guaranteed hours offer to a qualifying worker and the offer is not treated as having been withdrawn by virtue of section 27BD(2) or regulations under section 27BD(6), the qualifying worker may, by giving notice to the employer before the end of the response period, accept or reject the offer. (2) Where the guaranteed hours offer takes the form of an offer to vary the qualifying worker’s terms and conditions of employment and the qualifying worker gives notice under subsection (1) accepting the offer, the variation (assuming the worker’s contract that was in force when the guaranteed hours offer was made is still in force) is to be treated as taking effect on the day after the day on which notice is given (but this is subject to subsection (6)). (3) If the guaranteed hours offer takes the form of an offer to vary the qualifying worker’s terms and conditions of employment but the worker’s contract that was in force when the guaranteed hours offer was made ceases to be in force during the response period— (a) the qualifying worker may (if the offer is not treated as having been withdrawn by virtue of section 27BD(2) or regulations under section 27BD(6)) still give notice under subsection (1) accepting the offer, and (b) if the qualifying worker does so— (i) the qualifying worker and the employer are to be treated as entering into a worker’s contract on the day after the day on which notice is given (but this is subject to subsection (6)), and (ii) the terms of the contract are to be treated as being the terms of the worker’s contract that was in force when the guaranteed hours offer was made as varied in accordance with the terms of the offer. (4) Where the guaranteed hours offer takes the form of an offer to enter into a new worker’s contract and the qualifying worker gives notice under subsection (1) accepting the offer— (a) the qualifying worker and the employer are to be treated as entering into a worker’s contract in the terms of the offer on the day after the day on which notice is given (but this is subject to subsection (6)), and (b) that worker’s contract is to be treated as replacing any other worker’s contract entered into between the qualifying worker and the employer that is in force on that day. (5) But where, by virtue of subsection (4)(b), a new worker’s contract replaces another worker’s contract of a qualifying worker who is an employee— (a) that is not to be treated for the purposes of this Act as breaking the continuity of a period of employment of the qualifying worker; (b) the worker’s contract that is replaced is not to be treated for the purposes of Part 10 as having terminated. (6) A qualifying worker and an employer may agree, for the purposes of subsection (2), (3) or (4), that the variation of the qualifying worker’s terms and conditions of employment is to be treated as taking effect, or (as the case may be) the new worker’s contract is to be treated as being entered into, on a later day than the day mentioned in the subsection (and, in subsection (4)(b), the reference to “that day” is then to be read as a reference to the later agreed day). (7) If a qualifying worker to whom a guaranteed hours offer has been made does not give notice under subsection (1) before the end of the response period, the qualifying worker is to be treated as having rejected the offer. (8) The Secretary of State may by regulations make provision about— (a) the form and manner in which notice under subsection (1) must be given by a qualifying worker to an employer; (b) when notice given by a qualifying worker to an employer under subsection (1) is to be treated as having been given. (9) In this section, “the response period” has the same meaning as in section 27BD. (10) Where— (a) an employer is permitted by section 27BY(3) to withdraw a guaranteed hours offer (withdrawal of offer following incorporation of terms of collective agreement), and (b) the employer withdraws the offer by giving notice under that section, subsection (1) of this section ceases to apply in relation to the offer when the notice is given.
Propose a change(1) An employer who employs a worker who it is reasonable to consider might become a qualifying worker of the employer in relation to a reference period (whether the initial reference period, or a subsequent reference period, as defined in section 27BA) must take reasonable steps, within the initial information period, to ensure that the worker is aware of specified information relating to the rights conferred on workers by this Chapter. (2) An employer who is subject to the duty in subsection (1) in relation to a worker must take reasonable steps to ensure that, after the end of the initial information period, the worker continues to have access to the specified information referred to in that subsection at all times when— (a) the worker is employed by the employer, and (b) it is reasonable to consider that the worker might become (or might again become) a qualifying worker of the employer in relation to a reference period. (3) “The initial information period”, in relation to a worker and the worker’s employer, means the period of two weeks beginning with— (a) where the worker is employed by the employer on the day on which section 27BA(1) comes into force (“the commencement day”), the commencement day, or (b) where the worker is not so employed, the first day after the commencement day on which the worker is employed by the employer. (4) But where, on the day referred to in subsection (3)(a) or (b), it was not reasonable to consider that the worker might become a qualifying worker of the employer in relation to any reference period, subsection (3) is to be read as if it provided for “the initial information period” to mean the period of two weeks beginning with the day on which it becomes reasonable so to consider.
Propose a change(1) A worker may present a complaint to an employment tribunal that— (a) the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but (b) by the end of the last day of the offer period, the employer has not made an offer to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract in compliance (or purported compliance) with that duty (whether because the employer does not consider that the worker is a qualifying worker in relation to the reference period or for any other reason). (2) A worker may present a complaint to an employment tribunal that— (a) the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but (b) the offer that the employer has made to the worker in relation to that reference period to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract is not a guaranteed hours offer as described in— (i) where regulations are in force under subsection (2) of section 27BB that apply in relation to the offer, subsections (1) and (3) of that section (read with any regulations in force under subsection (5)(a) or (b) of that section), or (ii) where no regulations are in force under subsection (2) of section 27BB that apply in relation to the offer, subsections (1) and (4) of that section (read with any regulations in force under subsection (5)(a) of that section). (3) A worker may present a complaint to an employment tribunal that— (a) the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but (b) the guaranteed hours offer that the employer has made to the worker in relation to that reference period— (i) takes the form of an offer to vary the worker’s terms and conditions of employment where that is prohibited by section 27BB(6), (ii) does not comply with section 27BB(7), or (iii) does not comply with section 27BB(8). (4) A worker may present a complaint to an employment tribunal that— (a) the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but (b) the guaranteed hours offer that the employer has made to the worker in relation to that reference period is on terms requiring the employer to provide, and the worker to do, less work than would have been the case if the employer had not, during that reference period— (i) limited (by whatever means, including termination of a worker’s contract or an arrangement) the number of hours of work made available to the worker, or (ii) decided to make work available to the worker in the way that the employer did, for the sole or main purpose of being able to comply with the duty by making such a reduced offer. (5) A worker may present a complaint to an employment tribunal that the duty imposed by section 27BA(1) would have applied to the worker’s employer in relation to the worker and a particular reference period if the employer had not, during that reference period— (a) limited (by whatever means, including termination of a worker’s contract or an arrangement) the number of hours of work made available to the worker, or (b) decided to make work available to the worker in the way that the employer did, for the sole or main purpose of preventing the worker from satisfying, in relation to that reference period, one or more of the conditions in section 27BA(3)(b) to (d). (6) A complaint under subsection (2), (3) or (4)— (a) may be presented whether or not the offer in question has been accepted by the worker, but (b) may not be presented in relation to an offer that is— (i) treated as having been withdrawn by virtue of section 27BD(2) or regulations under section 27BD(6), or (ii) withdrawn in accordance with section 27BY(3) (withdrawal of offer following incorporation of terms of collective agreement). (7) A worker may present a complaint to an employment tribunal that the worker’s employer— (a) has failed to give to the worker a notice under section 27BD(8) or (9); (b) has given to the worker a notice under section 27BD(8) or (9)(b) in circumstances in which the employer should not have done so; (c) has given to the worker a notice in purported compliance with section 27BD(9) that does not refer to any provision of the regulations or refers to the wrong provision. (8) A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with— (a) the duty imposed by section 27BF(1); (b) the duty imposed by section 27BF(2). (9) In this section “the last day of the offer period”, in relation to a reference period, means the day specified under section 27BB(11)(a) as the last day on which a guaranteed hours offer may be made in relation to that reference period.
Propose a change(1) An employment tribunal must not consider a complaint under section 27BG(1) unless it is presented before the end of the period of six months beginning with the day after the last day of the offer period (as defined in section 27BG(9)). (2) An employment tribunal must not consider a complaint under section 27BG(2) unless it is presented before the end of the period of six months beginning with the day after the day when the offer referred to in that provision is made. (3) An employment tribunal must not consider a complaint under section 27BG(3) or (4) unless it is presented before the end of the period of six months beginning with the day after the day when the guaranteed hours offer referred to in that provision is made. (4) An employment tribunal must not consider a complaint under section 27BG(5) unless it is presented before the end of the period of six months beginning with the day after what would have been the last day of the offer period (as defined in section 27BG(9)) if the duty imposed by section 27BA(1) had applied. (5) An employment tribunal must not consider a complaint under section 27BG(7)(a) relating to a notice unless it is presented before the end of the period of six months beginning with the day after the day on or before which the notice should have been given (see section 27BD(8) and (10)). (6) An employment tribunal must not consider a complaint under section 27BG(7)(b) or (c) relating to a notice unless it is presented before the end of the period of six months beginning with the day after the day on which the notice is given. (7) An employment tribunal must not consider a complaint under section 27BG(8)(a)unless it is presented before the end of the period of six months beginning with the day after the last day of the initial information period (see section 27BF(3) and (4)). (8) An employment tribunal must not consider a complaint under section 27BG(8)(b) unless it is presented before the end of the period of six months beginning with the day on which the worker first becomes aware of the failure to which the complaint relates. (9) But, if the employment tribunal is satisfied that it was not reasonably practicable for a complaint under section 27BG to be presented before the end of the relevant period of six months, the tribunal may consider the complaint if it is presented within such further period as the tribunal considers reasonable. (10) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (1) to (8).
Propose a change