(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that—
(a) having been designated by the employer to carry out activities in connection with preventing or reducing risks to health and safety at work, the employee carried out (or proposed to carry out) any such activities,
(b) being a representative of workers on matters of health and safety at work or member of a safety committee—
(i) in accordance with arrangements established under or by virtue of any enactment, or
(ii) by reason of being acknowledged as such by the employer,
the employee performed (or proposed to perform) any functions as such a representative or a member of such a committee,
(ba) the employee took part (or proposed to take part) in consultation with the employer pursuant to the Health and Safety (Consultation with Employees) Regulations 1996 or in an election of representatives of employee safety within the meaning of those Regulations (whether as a candidate or otherwise),
(c) being an employee at a place where—
(i) there was no such representative or safety committee, or
(ii) there was such a representative or safety committee but it was not reasonably practicable for the employee to raise the matter by those means,
he brought to his employer’s attention, by reasonable means, circumstances connected with his work which he reasonably believed were harmful or potentially harmful to health or safety,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his or her employer done on the ground that—
(a) in circumstances of danger which the worker reasonably believed to be serious and imminent and which he or she could not reasonably have been expected to avert, he or she left (or proposed to leave) or (while the danger persisted) refused to return to his or her place of work or any dangerous part of his or her place of work, or
(b) in circumstances of danger which the worker reasonably believed to be serious and imminent, he or she took (or proposed to take) appropriate steps to protect himself or herself or other persons from the danger.
(2) For the purposes of subsection (1A)(b) whether steps which a worker took (or proposed to take) were appropriate is to be judged by reference to all the circumstances including, in particular, his knowledge and the facilities and advice available to him at the time.
(3) A worker is not to be regarded as having been subjected to any detriment on the ground specified in subsection (1A)(b) if the employer shows that it was (or would have been) so negligent for the worker to take the steps which he took (or proposed to take) that a reasonable employer might have treated him as the employer did.
(4) . . . This section does not apply where the worker is an employee and the detriment in question amounts to dismissal (within the meaning of Part X).
(1) An employee who is—
(a) a protected shop worker or an opted-out shop worker, or
(b) a protected betting worker or an opted-out betting worker,
has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the employee refused (or proposed to refuse) to do shop work, or betting work, on Sunday or on a particular Sunday.
(2) Subsection (1) does not apply to anything done in relation to an opted-out shop worker or an opted-out betting worker on the ground that he refused (or proposed to refuse) to do shop work, or betting work, on any Sunday or Sundays falling before the end of the notice period.
(3) An employee who is a shop worker or a betting worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the employee gave (or proposed to give) an opting-out notice to his employer.
(4) Subsections (1) and (3) do not apply where the detriment in question amounts to dismissal (within the meaning of Part X).
(5) For the purposes of this section a shop worker or betting worker who does not work on Sunday or on a particular Sunday is not to be regarded as having been subjected to any detriment by—
(a) a failure to pay remuneration in respect of shop work, or betting work, on a Sunday which he has not done,
(b) a failure to provide him with any other benefit, where that failure results from the application (in relation to a Sunday on which the employee has not done shop work, or betting work) of a contractual term under which the extent of that benefit varies according to the number of hours worked by the employee or the remuneration of the employee, or
(c) a failure to provide him with any work, remuneration or other benefit which by virtue of section 38 or 39 the employer is not obliged to provide.
(6) Where an employer offers to pay a sum specified in the offer to any one or more employees—
(a) who are protected shop workers or opted-out shop workers or protected betting workers or opted-out betting workers, or
(b) who under their contracts of employment are not obliged to do shop work, or betting work, on Sunday,
if they agree to do shop work, or betting work, on Sunday or on a particular Sunday subsections (7) and (8) apply.
(7) An employee to whom the offer is not made is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure to make the offer to him or to pay him the sum specified in the offer.
(8) An employee who does not accept the offer is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure to pay him the sum specified in the offer.
(9) For the purposes of section 36(2)(b) or 41(1)(b), the appropriate date in relation to this section is the date of the act or failure to act.
(10) For the purposes of subsection (9)—
(a) where an act extends over a period, the “date of the act” means the first day of that period, and
(b) a deliberate failure to act shall be treated as done when it was decided on;
and, in the absence of evidence establishing the contrary, an employer shall be taken to decide on a failure to act when he does an act inconsistent with doing the failed act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.
45ZA Sunday working for shop workers: additional hours
(1) Subsection (2) applies where a shop worker has given an objection notice to his or her employer and the notice has not been withdrawn.
(2) The shop worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the employer done on the ground that the shop worker refused (or proposed to refuse) to do shop work for additional hours on Sunday or on a particular Sunday.
(3) Subsection (2) does not apply to anything done on the ground that the shop worker refused (or proposed to refuse) to do shop work for additional hours on any Sunday or Sundays falling before the end of the relevant period.
(4) A shop worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his or her employer on the ground that the shop worker gave (or proposed to give) an objection notice to the employer.
(5) Subsections (2) and (4) do not apply where the detriment in question amounts to dismissal (within the meaning of Part 10).
(6) For the purposes of this section, a shop worker who does not do shop work for additional hours on Sunday or on a particular Sunday is not to be regarded as having been subjected to any detriment by—
(a) a failure to pay remuneration in respect of doing shop work for additional hours on Sunday which the shop worker has not done, or
(b) a failure to provide any other benefit where the failure results from the application (in relation to a Sunday on which the shop worker has not done shop work for additional hours) of a contractual term under which the extent of the benefit varies according to the number of hours worked by, or the remuneration paid to, the shop worker.
(7) Subsections (8) and (9) apply where—
(a) an employer offers to pay a sum specified in the offer to a shop worker if he or she agrees to do shop work for additional hours on Sunday or on a particular Sunday, and
(b) the shop worker—
(i) has given an objection notice to the employer that has not been withdrawn, or
(ii) is not obliged under a contract of employment to do shop work for additional hours on Sunday.
(8) A shop worker to whom the offer is not made is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure—
(a) to make the offer to the shop worker, or
(b) to pay the shop worker the sum specified in the offer.
(9) A shop worker who does not accept the offer is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure to pay the shop worker the sum specified in the offer.
(10) In this section—
“additional hours” and “objection notice” have the meanings given by section 41A(2);
“relevant period” means the period determined by section 43ZA(2) (but subject to section 41D(3)).
(1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker—
(a) refused (or proposed to refuse) to comply with a requirement which the employer imposed (or proposed to impose) in contravention of the Working Time Regulations 1998,
(b) refused (or proposed to refuse) to forgo a right conferred on him by those Regulations,
(c) failed to sign a workforce agreement for the purposes of those Regulations, or to enter into, or agree to vary or extend, any other agreement with his employer which is provided for in those Regulations,
(d) being—
(i) a representative of members of the workforce for the purposes of Schedule 1 to those Regulations, or
(ii) a candidate in an election in which any person elected will, on being elected, be such a representative,
performed (or proposed to perform) any functions or activities as such a representative or candidate,
(e) brought proceedings against the employer to enforce a right conferred on him by those Regulations, or
(f) alleged that the employer had infringed such a right.
(2) It is immaterial for the purposes of subsection (1)(e) or (f)—
(a) whether or not the worker has the right, or
(b) whether or not the right has been infringed,
but, for those provisions to apply, the claim to the right and that it has been infringed must be made in good faith.
(3) It is sufficient for subsection (1)(f) to apply that the worker, without specifying the right, made it reasonably clear to the employer what the right claimed to have been infringed was.
(4) This section does not apply where a worker is an employee and the detriment in question amounts to dismissal within the meaning of Part X . . ..
(5) A reference in this section to the Working Time Regulations 1998 includes a reference to
(a) the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.
(b) the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.
(c) the Cross-border Railway Services (Working Time) Regulations 2008
(d) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58).
(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that, being a trustee of a relevant occupational pension scheme which relates to his employment, the employee performed (or proposed to perform) any functions as such a trustee.
(2) . . .this section does not apply where the detriment in question amounts to dismissal (within the meaning of Part X).
(2A) This section applies to an employee who is a director of a company which is a trustee of a relevant occupational pension scheme as it applies to an employee who is a trustee of such a scheme (references to such a trustee being read for this purpose as references to such a director).
(3) In this section “relevant occupational pension scheme” means an occupational pension scheme (as defined in section 1 of the Pension Schemes Act 1993) established under a trust.
(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that, being—
(a) an employee representative for the purposes of Chapter II of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 (redundancies) or regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 , or
(b) a candidate in an election in which any person elected will, on being elected, be such an employee representative,
he performed (or proposed to perform) any functions or activities as such an employee representative or candidate.
(1A) An employee has the right not to be subjected to any detriment by any act, or by any deliberate failure to act, by his employer done on the ground of his participation in an election of employee representatives for the purposes of Chapter II of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 (redundancies) or regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 .
(2) . . . This section does not apply where the detriment in question amounts to a dismissal (within the meaning of Part X).
47A Employees exercising right to time off work for study or training.
(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer or the principal (within the meaning of section 63A(3)) done on the ground that, being a person entitled to—
(a) time off under section 63A(1) or (3), and
(b) remuneration under section 63B(1) in respect of that time taken off,
the employee exercised (or proposed to exercise) that right or received (or sought to receive) such remuneration.
(2) . . . This section does not apply where the detriment in question amounts to dismissal (within the meaning of Part X ).
(1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure.
(1A) A worker (“W”) has the right not to be subjected to any detriment by any act, or any deliberate failure to act, done—
(a) by another worker of W's employer in the course of that other worker's employment, or
(b) by an agent of W's employer with the employer's authority,
on the ground that W has made a protected disclosure.
(1B) Where a worker is subjected to detriment by anything done as mentioned in subsection (1A), that thing is treated as also done by the worker's employer.
(1C) For the purposes of subsection (1B), it is immaterial whether the thing is done with the knowledge or approval of the worker's employer.
(1D) In proceedings against W's employer in respect of anything alleged to have been done as mentioned in subsection (1A)(a), it is a defence for the employer to show that the employer took all reasonable steps to prevent the other worker—
(a) from doing that thing, or
(b) from doing anything of that description.
(1E) A worker or agent of W's employer is not liable by reason of subsection (1A) for doing something that subjects W to detriment if—
(a) the worker or agent does that thing in reliance on a statement by the employer that doing it does not contravene this Act, and
(b) it is reasonable for the worker or agent to rely on the statement.
But this does not prevent the employer from being liable by reason of subsection (1B).
(2) . . . This section does not apply where—
(a) the worker is an employee, and
(b) the detriment in question amounts to dismissal (within the meaning of Part X).
(3) For the purposes of this section, and of sections 48 and 49 so far as relating to this section, “ worker ”, “ worker’s contract ”, “ employment ” and “ employer ” have the extended meaning given by section 43K.
(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done for a prescribed reason.
(2) A prescribed reason is one which is prescribed by regulations made by the Secretary of State and which relates to—
(a) pregnancy, childbirth or maternity,
(aa) time off under section 57ZE,
(ab) time off under section 57ZJ or 57ZL,
(b) ordinary, compulsory or additional maternity leave,
(ba) ordinary or additional adoption leave,
(bb) shared parental leave,
(bc) carer’s leave,
(c) parental leave,
(ca) ... paternity leave,
(cb) parental bereavement leave,
(cc) neonatal care leave, or
(d) time off under section 57A.
(3) A reason prescribed under this section in relation to parental leave may relate to action which an employee takes, agrees to take or refuses to take under or in respect of a collective or workforce agreement.
(4) Regulations under this section may make different provision for different cases or circumstances.
(5) An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the temporary work agency or the hirer done on the ground that—
(a) being a person entitled to—
(i) time off under section 57ZA, and
(ii) remuneration under section 57ZB in respect of that time off,
the agency worker exercised (or proposed to exercise) that right or received (or sought to receive) that remuneration,
(b) being a person entitled to time off under section 57ZG, the agency worker exercised (or proposed to exercise) that right,
(c) being a person entitled to—
(i) time off under section 57ZN, and
(ii) remuneration under section 57ZO in respect of that time off,
the agency worker exercised (or proposed to exercise) that right or received (or sought to receive) that remuneration, or
(d) being a person entitled to time off under section 57ZP, the agency worker exercised (or proposed to exercise) that right.
(6) Subsection (5) does not apply where the agency worker is an employee.
(7) In this section the following have the same meaning as in the Agency Workers Regulations 2010 ( S.I. 2010/93)—
“agency worker”;
“hirer”;
“temporary work agency”.
(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer, done on the ground that—
(a) any action was taken, or was proposed to be taken, by or on behalf of the employee with a view to enforcing, or otherwise securing the benefit of, a right conferred on the employee by regulations under section 25 of the Tax Credits Act 2002,
(b) a penalty was imposed on the employer, or proceedings for a penalty were brought against him, under that Act, as a result of action taken by or on behalf of the employee for the purpose of enforcing, or otherwise securing the benefit of, such a right, or
(c) the employee is entitled, or will or may be entitled, to working tax credit.
(2) It is immaterial for the purposes of subsection (1)(a) or (b)—
(a) whether or not the employee has the right, or
(b) whether or not the right has been infringed,
but, for those provisions to apply, the claim to the right and (if applicable) the claim that it has been infringed must be made in good faith.
(3) Subsections (1) and (2) apply to a person who is not an employee within the meaning of this Act but who is an employee within the meaning of section 25 of the Tax Credits Act 2002, with references to his employer in those subsections (and sections 48(2) and (4) and 49(1)) being construed in accordance with that section.
(4) Subsections (1) and (2) do not apply to an employee if the detriment in question amounts to dismissal (within the meaning of Part 10).
(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the employee—
(a) made (or proposed to make) an application under section 80F,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) brought proceedings against the employer under section 80H, or
(d) alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.
(2) This section does not apply where the detriment in question amounts to dismissal within the meaning of Part 10.
(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground that the employee—
(a) made (or proposed to make) a section 63D application,
(b) exercised (or proposed to exercise) a right conferred on the employee under section 63F,
(c) brought proceedings against the employer under section 63I, or
(d) alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.
(2) This section does not apply if the detriment in question amounts to dismissal within the meaning of Part 10.
(1) An employee has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground that the employee refused to accept an offer by the employer for the employee to become an employee shareholder (within the meaning of section 205A).
(2) This section does not apply if the detriment in question amounts to dismissal within the meaning of Part 10.
(1) An employee may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 43M, 44(1) , 45, 46, 47, 47A,47C(1) , 47E , 47F or 47G.
(1XA) A worker may present a complaint to an employment tribunal that the worker has been subjected to a detriment in contravention of section 44(1A).
(1YA) A shop worker may present a complaint to an employment tribunal that he or she has been subjected to a detriment in contravention of section 45ZA.
(1ZA) A worker may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 45A.
(1A) A worker may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 47B.
(1AA) An agency worker may present a complaint to an employment tribunal that the agency worker has been subjected to a detriment in contravention of section 47C(5) by the temporary work agency or the hirer.
(1B) A person may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 47D.
(2) On a complaint under subsection (1), (1XA), (1ZA), (1A) or (1B) it is for the employer to show the ground on which any act, or deliberate failure to act, was done.
(2A) On a complaint under subsection (1AA) it is for the temporary work agency or (as the case may be) the hirer to show the ground on which any act, or deliberate failure to act, was done.
(3) An employment tribunal shall not consider a complaint under this section unless it is presented—
(a) before the end of the period of six months beginning with the date of the act or failure to act to which the complaint relates or, where that act or failure is part of a series of similar acts or failures, the last of them, or
(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of six months.
(4) For the purposes of subsection (3)—
(a) where an act extends over a period, the “date of the act” means the last day of that period, and
(b) a deliberate failure to act shall be treated as done when it was decided on;
and, in the absence of evidence establishing the contrary, an employer, a temporary work agency or a hirer shall be taken to decide on a failure to act when he does an act inconsistent with doing the failed act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.
(4A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (3)(a).
(5) In this section and section 49 any reference to the employer includes—
(a) where a person complains that he has been subjected to a detriment in contravention of section 47A, the principal (within the meaning of section 63A(3)).
(b) in the case of proceedings against a worker or agent under section 47B(1A), the worker or agent.
(6) In this section and section 49 the following have the same meaning as in the Agency Workers Regulations 2010 ( S.I. 2010/93)—
“agency worker”;
“hirer”;
“temporary work agency”.
(1) Where an employment tribunal finds a complaint under section 48(1), (1XA), (1ZA), (1A) or (1B) well-founded, the tribunal—
(a) shall make a declaration to that effect, and
(b) may make an award of compensation to be paid by the employer to the complainant in respect of the act or failure to act to which the complaint relates.
(1A) Where an employment tribunal finds a complaint under section 48(1AA) well-founded, the tribunal—
(a) shall make a declaration to that effect, and
(b) may make an award of compensation to be paid by the temporary work agency or (as the case may be) the hirer to the complainant in respect of the act or failure to act to which the complaint relates.
(2) Subject to subsections (5ZA), (5A) and (6) the amount of the compensation awarded shall be such as the tribunal considers just and equitable in all the circumstances having regard to—
(a) the infringement to which the complaint relates, and
(b) any loss which is attributable to the act, or failure to act, which infringed the complainant’s right.
(3) The loss shall be taken to include—
(a) any expenses reasonably incurred by the complainant in consequence of the act, or failure to act, to which the complaint relates, and
(b) loss of any benefit which he might reasonably be expected to have had but for that act or failure to act.
(4) In ascertaining the loss the tribunal shall apply the same rule concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) Scotland.
(5) Where the tribunal finds that the act, or failure to act, to which the complaint relates was to any extent caused or contributed to by action of the complainant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.
(5ZA) Where—
(a) the complaint is made under section 48(1XA),
(b) the detriment to which the worker is subjected is the termination of his or her contract, and
(c) that contract is not a contract of employment,
any compensation must not exceed the compensation that would be payable under Chapter II of Part X if the worker had been an employee and had been dismissed for the reason specified in section 100.
(5A) Where—
(a) the complaint is made under section 48 (1ZA),
(b) the detriment to which the worker is subjected is the termination of his worker’s contract, and
(c) that contract is not a contract of employment,
any compensation must not exceed the compensation that would be payable under Chapter II of Part X if the worker had been an employee and had been dismissed for the reason specified in section 101A.
(6) Where—
(a) the complaint is made under section 48(1A),
(b) the detriment to which the worker is subjected is the termination of his worker’s contract, and
(c) that contract is not a contract of employment,
any compensation must not exceed the compensation that would be payable under Chapter II of Part X if the worker had been an employee and had been dismissed for the reason specified in section 103A.
(6A) Where—
(a) the complaint is made under section 48(1A), and
(b) it appears to the tribunal that the protected disclosure was not made in good faith,
the tribunal may, if it considers it just and equitable in all the circumstances to do so, reduce any award it makes to the worker by no more than 25%.
(7) Where—
(a) the complaint is made under section 48(1B) by a person who is not an employee, and
(b) the detriment to which he is subjected is the termination of his contract with the person who is his employer for the purposes of section 25 of the Tax Credits Act 2002,
any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the complainant had been an employee and had been dismissed for the reason specified in section 104B.
49A Application to police of section 44 and related provisions.
(1) For the purposes of section 44, and of sections 48 and 49 so far as relating to that section, the holding, otherwise than under a contract of employment, of the office of constable or an appointment as police cadet shall be treated as employment by the relevant officer under a contract of employment.
(2) In this section “ the relevant officer ”, in relation to—
(a) a person holding the office of constable, or
(b) a person holding an appointment as a police cadet,
means the person who under section 51A of the Health and Safety at Work etc. Act 1974 is to be treated as his employer for the purposes of Part 1 of that Act.
49B Regulations prohibiting discrimination because of protected disclosure
(1) The Secretary of State may make regulations prohibiting an NHS employer from discriminating against an applicant because it appears to the NHS employer that the applicant has made a protected disclosure.
(2) An “applicant”, in relation to an NHS employer, means an individual who applies to the NHS employer for—
(a) a contract of employment,
(b) a contract to do work personally, or
(c) appointment to an office or post.
(3) For the purposes of subsection (1), an NHS employer discriminates against an applicant if the NHS employer refuses the applicant's application or in some other way treats the applicant less favourably than it treats or would treat other applicants in relation to the same contract, office or post.
(4) Regulations under this section may, in particular—
(a) make provision as to circumstances in which discrimination by a worker or agent of an NHS employer is to be treated, for the purposes of the regulations, as discrimination by the NHS employer;
(b) confer jurisdiction (including exclusive jurisdiction) on employment tribunals or the Employment Appeal Tribunal;
(c) make provision for or about the grant or enforcement of specified remedies by a court or tribunal;
(d) make provision for the making of awards of compensation calculated in accordance with the regulations;
(e) make different provision for different cases or circumstances;
(f) make incidental or consequential provision, including incidental or consequential provision amending—
(i) an Act of Parliament (including this Act),
(ii) an Act of the Scottish Parliament,
(iii) a Measure or Act of the National Assembly for Wales, or
(iv) an instrument made under an Act or Measure within any of sub-paragraphs (i) to (iii).
(5) Subsection (4)(f) does not affect the application of section 236(5) to the power conferred by this section.
(6) “NHS employer” means an NHS public body prescribed by regulations under this section.
(7) “NHS public body” means—
(a) NHS England;
(b) an integrated care board;
(c) a Special Health Authority;
(d) an NHS trust;
(e) an NHS foundation trust;
(f) the Care Quality Commission;
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ga) the Health Services Safety Investigations Body;
(h) the Health Research Authority;
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) the National Institute for Health and Care Excellence;
(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(l) a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
(m) the Common Services Agency for the Scottish Health Service;
(n) Healthcare Improvement Scotland;
(o) a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978;
(p) a Special Health Board constituted under that section.
(8) The Secretary of State must consult the Welsh Ministers before making regulations prescribing any of the following NHS public bodies for the purposes of the definition of “NHS employer”—
(a) a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006;
(b) an NHS trust established under section 18 of that Act;
(c) a Local Health Board established under section 11 of that Act.
(9) The Secretary of State must consult the Scottish Ministers before making regulations prescribing an NHS public body within any of paragraphs (m) to (p) of subsection (7) for the purposes of the definition of “NHS employer”.
(10) For the purposes of subsection (4)(a)—
(a) “worker” has the extended meaning given by section 43K, and
(b) a person is a worker of an NHS employer if the NHS employer is an employer in relation to the person within the extended meaning given by that section.
49D Redundancy or dismissal during a protected period of pregnancy
(1) The Secretary of State may, by regulations, make provision about redundancy during, or after, a protected period of pregnancy.
(1A) The Secretary of State may, by regulations, make provision about dismissal (other than by reason of redundancy) during, or after, a protected period of pregnancy.
(2) A protected period of pregnancy is a period relating to the pregnancy of an employee that is calculated in accordance with regulations made by the Secretary of State.
(3) Provision made by virtue of subsection (1) or (1A) may include—
(a) provision requiring an employer to offer alternative employment;
(b) provision for the consequences of failure to comply with the regulations (which may include provision for dismissal to be treated as unfair for the purposes of Part 10).
(4) Provision made by virtue of subsection (2) may include provision for the protected period of pregnancy to begin after the end of the pregnancy.
Regulations under section 49D may—
(a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers;
(b) make provision for the consequences of failure to give notices, to produce evidence or to comply with other procedural requirements;
(c) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);
(d) make special provision for cases where an employee has a right which corresponds to a right under section 49D and which arises under a contract of employment or otherwise;
(e) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work during, or after, a protected period of pregnancy;
(f) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to a person during, or after, a protected period of pregnancy;
(g) make different provision for different cases or circumstances.
(1) An employer shall permit an employee of his who is—
(a) a justice of the peace, or
(b) an independent prison monitor appointed in accordance with section 7B(2) of the Prisons (Scotland) Act 1989,
to take time off during the employee’s working hours for the purpose of performing any of the duties of the office.
(2) An employer shall permit an employee of his who is a member of—
(a) a local authority,
(b) a statutory tribunal,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) an independent monitoring board for a prison or a prison visiting committee,
(e) a relevant health body,
(f) a relevant education body, . . .
(g) the Environment Agency or the Scottish Environment Protection Agency, ...
(h) Scottish Water . . . ,
(i) a panel of lay observers appointed in accordance with section 81(1)(b) of the Criminal Justice Act 1991,
(j) a Visiting Committee appointed in accordance with section 152(1) of the Immigration and Asylum Act 1999, or
(k) a Visiting Committee appointed by the Secretary of State for a short-term holding facility (within the meaning given by section 147 of the Immigration and Asylum Act 1999).
to take time off during the employee’s working hours for the purposes specified in subsection (3).
(3) The purposes referred to in subsection (2) are—
(a) attendance at a meeting of the body or any of its committees or sub-committees, and
(b) the doing of any other thing approved by the body, or anything of a class so approved, for the purpose of the discharge of the functions of the body or of any of its committees or sub-committees. and
(c) in the case of a local authority which are operating executive arrangements—
(i) attendance at a meeting of the executive of that local authority or committee of that executive; and
(ii) the doing of any other thing, by an individual member of that executive, for the purposes of the discharge of any function which is to any extent the responsibility of that executive.
(4) The amount of time off which an employee is to be permitted to take under this section, and the occasions on which and any conditions subject to which time off may be so taken, are those that are reasonable in all the circumstances having regard, in particular, to—
(a) how much time off is required for the performance of the duties of the office or as a member of the body in question, and how much time off is required for the performance of the particular duty,
(b) how much time off the employee has already been permitted under this section or sections 168 and 170 of the Trade Union and Labour Relations (Consolidation) Act 1992 (time off for trade union duties and activities), and
(c) the circumstances of the employer’s business and the effect of the employee’s absence on the running of that business.
(5) In subsection (2)(a) “a local authority” means—
(a) a local authority within the meaning of the Local Government Act 1972,
(b) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,
(c) the Common Council of the City of London,
(d) a National Park authority, or
(e) the Broads Authority.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In subsection (2)(d)—
(a) “independent monitoring board” means a board appointed under section 6(2) of the Prison Act 1952, and
(b) “a prison visiting committee” means a visiting committee appointed under section 19(3) of the Prisons (Scotland) Act 1989 or constituted by virtue of rules made under section 39 (as read with section 8(1)) of that Act.
(8) In subsection (2)(e) “a relevant health body” means—
(za) NHS England,
(zb) an integrated care board established under section 14Z25 of the National Health Service Act 2006,
(a) a National Health Service trust established under section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006 or the National Health Service (Scotland) Act 1978,
(ab) an NHS foundation trust,
(ac) the National Institute for Health and Care Excellence,
(ad) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ae) the Health Services Safety Investigations Body,
(b) ... a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006... , a Special Health Authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006 ... or
(c) a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978.
(9) In subsection (2)(f) “a relevant education body” means—
(a) a managing or governing body of an educational establishment maintained by a local authority (as defined in section 579(1) of the Education Act 1996),
(b) a further education corporation, sixth form college corporation or higher education corporation,
(c) a school council appointed under section 125(1) of the Local Government (Scotland) Act 1973,
(d) a parent council within the meaning of section 5(2) of the Scottish Schools (Parental Involvement) Act 2006 ,
(e) a board of management of a self-governing school within the meaning of section 135(1) of the Education (Scotland) Act 1980,
(f) a board of management of a college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992,
(g) a governing body of a central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980, . . .
(h) a governing body of a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.
(i) ... or
(j) the General Teaching Council for Wales.
(9A) In subsection (3)(c) of this section “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.
(9B) In subsection (9)(b) “ further education corporation ”, “ sixth form college corporation ” and “ higher education corporation ” have the same meanings as in the Further and Higher Education Act 1992.
(10) The Secretary of State may by order—
(a) modify the provisions of subsections (1) and (2) and (5) to (9) by adding any office or body, removing any office or body or altering the description of any office or body, or
(b) modify the provisions of subsection (3).
(11) For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work.
(1) An employee may present a complaint to an employment tribunal that his employer has failed to permit him to take time off as required by section 50.
(2) An employment tribunal shall not consider a complaint under this section that an employer has failed to permit an employee to take time off unless it is presented—
(a) before the end of the period of six months beginning with the date on which the failure occurred, or
(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of six months.
(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).
(3) Where an employment tribunal finds a complaint under this section well-founded, the tribunal—
(a) shall make a declaration to that effect, and
(b) may make an award of compensation to be paid by the employer to the employee.
(4) The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—
(a) the employer’s default in failing to permit time off to be taken by the employee, and
(b) any loss sustained by the employee which is attributable to the matters to which the complaint relates.
52 Right to time off to look for work or arrange training.
(1) An employee who is given notice of dismissal by reason of redundancy is entitled to be permitted by his employer to take reasonable time off during the employee’s working hours before the end of his notice in order to—
(a) look for new employment, or
(b) make arrangements for training for future employment.
(2) An employee is not entitled to take time off under this section unless, on whichever is the later of—
(a) the date on which the notice is due to expire, and
(b) the date on which it would expire were it the notice required to be given by section 86(1),
he will have been (or would have been) continuously employed for a period of two years or more.
(3) For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work.
53 Right to remuneration for time off under section 52.
(1) An employee who is permitted to take time off under section 52 is entitled to be paid remuneration by his employer for the period of absence at the appropriate hourly rate.
(2) The appropriate hourly rate, in relation to an employee, is the amount of one week’s pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the notice of dismissal was given.
(3) But where the number of normal working hours differs from week to week or over a longer period, the amount of one week’s pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the employee’s normal working hours during the period of twelve weeks ending with the last complete week before the day on which the notice was given.
(4) If an employer unreasonably refuses to permit an employee to take time off from work as required by section 52, the employee is entitled to be paid an amount equal to the remuneration to which he would have been entitled under subsection (1) if he had been permitted to take the time off.
(5) The amount of an employer’s liability to pay remuneration under subsection (1) shall not exceed, in respect of the notice period of any employee, forty per cent. of a week’s pay of that employee.
(6) A right to any amount under subsection (1) or (4) does not affect any right of an employee in relation to remuneration under his contract of employment (“contractual remuneration”).
(7) Any contractual remuneration paid to an employee in respect of a period of time off under section 52 goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period; and, conversely, any payment of remuneration under subsection (1) in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.
(1) An employee may present a complaint to an employment tribunal that his employer—
(a) has unreasonably refused to permit him to take time off as required by section 52, or
(b) has failed to pay the whole or any part of any amount to which the employee is entitled under section 53(1) or (4).
(2) An employment tribunal shall not consider a complaint under this section unless it is presented—
(a) before the end of the period of six months beginning with the date on which it is alleged that the time off should have been permitted, or
(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of six months.
(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).
(3) Where an employment tribunal finds a complaint under this section well-founded, the tribunal shall—
(a) make a declaration to that effect, and
(b) order the employer to pay to the employee the amount which it finds due to him.
(4) The amount which may be ordered by a tribunal to be paid by an employer under subsection (3) (or, where the employer is liable to pay remuneration under section 53, the aggregate of that amount and the amount of that liability) shall not exceed, in respect of the notice period of any employee, forty per cent. of a week’s pay of that employee.
(1) An employee who—
(a) is pregnant, and
(b) has, on the advice of a registered medical practitioner, registered midwife or registered nurse , made an appointment to attend at any place for the purpose of receiving ante-natal care,
is entitled to be permitted by her employer to take time off during the employee’s working hours in order to enable her to keep the appointment.
(2) An employee is not entitled to take time off under this section to keep an appointment unless, if her employer requests her to do so, she produces for his inspection—
(a) a certificate from a registered medical practitioner, registered midwife or registered nurse stating that the employee is pregnant, and
(b) an appointment card or some other document showing that the appointment has been made.
(3) Subsection (2) does not apply where the employee’s appointment is the first appointment during her pregnancy for which she seeks permission to take time off in accordance with subsection (1).
(4) For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with her contract of employment, the employee is required to be at work.
(5) References in this section to a registered nurse are to such a nurse—
(a) who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001, and
(b) whose entry in that Part of the register is annotated to show that he holds a qualification in health visiting.
56 Right to remuneration for time off under section 55.
(1) An employee who is permitted to take time off under section 55 is entitled to be paid remuneration by her employer for the period of absence at the appropriate hourly rate.
(2) The appropriate hourly rate, in relation to an employee, is the amount of one week’s pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off is taken.
(3) But where the number of normal working hours differs from week to week or over a longer period, the amount of one week’s pay shall be divided instead by—
(a) the average number of normal working hours calculated by dividing by twelve the total number of the employee’s normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken, or
(b) where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (4) as are appropriate in the circumstances.
(4) The considerations referred to in subsection (3)(b) are—
(a) the average number of normal working hours in a week which the employee could expect in accordance with the terms of her contract, and
(b) the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.
(5) A right to any amount under subsection (1) does not affect any right of an employee in relation to remuneration under her contract of employment (“contractual remuneration”).
(6) Any contractual remuneration paid to an employee in respect of a period of time off under section 55 goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period; and, conversely, any payment of remuneration under subsection (1) in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.
(1) An employee may present a complaint to an employment tribunal that her employer—
(a) has unreasonably refused to permit her to take time off as required by section 55, or
(b) has failed to pay the whole or any part of any amount to which the employee is entitled under section 56.
(2) An employment tribunal shall not consider a complaint under this section unless it is presented—
(a) before the end of the period of six months beginning with the date of the appointment concerned, or
(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of six months.
(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).
(3) Where an employment tribunal finds a complaint under this section well-founded, the tribunal shall make a declaration to that effect.
(4) If the complaint is that the employer has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer to pay to the employee an amount that is twice the amount of the remuneration to which she would have been entitled under section 56 if the employer had not refused.
(5) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which she is entitled under section 56, the tribunal shall also order the employer to pay to the employee the amount which it finds due to her.
57ZA Right to time off for ante-natal care (agency workers)
(1) An agency worker who—
(a) is pregnant, and
(b) has, on the advice of a registered medical practitioner, registered midwife or registered nurse, made an appointment to attend at any place for the purpose of receiving ante-natal care,
is entitled to be permitted, by the temporary work agency and the hirer, to take time off during the agency worker's working hours in order to enable her to keep the appointment. (2) An agency worker is not entitled to be permitted by either of those persons to take time off under this section to keep an appointment unless, if that person requests her to do so, she produces for that person's inspection—
(a) a certificate from a registered medical practitioner, registered midwife or registered nurse stating that the agency worker is pregnant, and
(b) an appointment card or some other document showing that the appointment has been made.
(3) Subsection (2) does not apply where the agency worker's appointment is the first appointment during her pregnancy for which she seeks permission to take time off in accordance with subsection (1). (4) For the purposes of this section the working hours of an agency worker shall be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work. (5) In this section references to a registered nurse have the same meaning as in section 55.
57ZB Right to remuneration for time off under section 57ZA
(1) An agency worker who is permitted to take time off under section 57ZA is entitled to be paid remuneration by the temporary work agency for the period of absence at the appropriate hourly rate.
(2) The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off is taken.
(3) But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken.
(4) A right to any amount under subsection (1) does not affect any right of an agency worker in relation to remuneration under her contract with the temporary work agency (“contractual remuneration”).
(5) Any contractual remuneration paid to an agency worker in respect of a period of time off under section 57ZA goes towards discharging any liability of the temporary work agency to pay remuneration under subsection (1) in respect of that period; and, conversely, any payment of remuneration under subsection (1) in respect of a period goes towards discharging any liability of the temporary work agency to pay contractual remuneration in respect of that period.
57ZC Complaint to employment tribunal: agency workers
(1) An agency worker may present a complaint to an employment tribunal that the temporary work agency—
(a) has unreasonably refused to permit her to take time off as required by section 57ZA, or
(b) has failed to pay the whole or any part of any amount to which she is entitled under section 57ZB.
(2) An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to permit her to take time off as required by section 57ZA.
(3) An employment tribunal shall not consider a complaint under subsection (1) or (2) unless it is presented—
(a) before the end of the period of six months beginning with the date of the appointment concerned, or
(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of six months.
(3A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (3)(a).
(4) Where an employment tribunal finds a complaint under this section well-founded, the tribunal shall make a declaration to that effect.
(5) If the complaint is that the temporary work agency or hirer has unreasonably refused to permit the agency worker to take time off, the tribunal shall also order payment to the agency worker of an amount that is twice the amount of the remuneration to which she would have been entitled under section 57ZB if she had not been refused the time off.
(6) Where the tribunal orders payment under subsection (5), the amount payable by each party shall be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates.
(7) If the complaint is that the temporary work agency has failed to pay the agency worker the whole or part of any amount to which she is entitled under section 57ZB, the tribunal shall also order the temporary work agency to pay to the agency worker the amount which it finds due to her.
(1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law sections 57ZA to 57ZC do not apply where the agency worker—
(a) has not completed the qualifying period, or
(b) is no longer entitled to the rights conferred by regulation 5 of the Agency Workers Regulations 2010 pursuant to regulation 8(a) or (b) of those Regulations.
(2) Nothing in those sections imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration of the assignment, whichever is the longer.
(3) Those sections do not apply where sections 55 to 57 apply.
(4) In this section and sections 57ZA to 57ZC the following have the same meaning as in the Agency Workers Regulations 2010—
“agency worker”;
“assignment”;
“hirer”;
“qualifying period”;
“temporary work agency”.
57ZE Right to time off to accompany to ante-natal appointment
(1) An employee who has a qualifying relationship with a pregnant woman or her expected child is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may accompany the woman when she attends by appointment at any place for the purpose of receiving ante-natal care.
(2) In relation to any particular pregnancy, an employee is not entitled to take time off for the purpose specified in subsection (1) on more than two occasions.
(3) On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.
(4) An employee is not entitled to take time off for the purpose specified in subsection (1) unless the appointment is made on the advice of a registered medical practitioner, registered midwife or registered nurse.
(5) Where the employer requests the employee to give the employer a declaration signed by the employee, the employee is not entitled to take time off for the purpose specified in subsection (1) unless the employee gives that declaration (which may be given in electronic form).
(6) The employee must state in the declaration—
(a) that the employee has a qualifying relationship with a pregnant woman or her expected child,
(b) that the employee's purpose in taking time off is the purpose specified in subsection (1),
(c) that the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered nurse, and
(d) the date and time of the appointment.
(7) A person has a qualifying relationship with a pregnant woman or her expected child if—
(a) the person is the husband or civil partner of the pregnant woman,
(b) the person, being of a different sex or the same sex, lives with the woman in an enduring family relationship but is not a relative of the woman,
(c) the person is the father of the expected child,
(d) the person is a parent of the expected child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, ...
(e) the person is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the expected child, or
(f) the person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of the expected child.
(8) For the purposes of subsection (7) a relative of a person is the person's parent, grandparent, sister, brother, aunt or uncle.
(9) The references to relationships in subsection (8)—
(a) are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and
(b) include the relationship of a child with the child's adoptive, or former adoptive, parents,
but do not include any other adoptive relationships.
(10) For the purposes of subsection (7)(e) a person (“A”) is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
(a) A intends to apply, jointly with another person (“B”), for such an order in respect of the expected child within the time allowed by section 54(3),
(b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54(1)(a),
(c) the requirement in section 54(1)(b) is satisfied by reference to A or B,
(d) A and B would satisfy section 54(2) if they made an application under section 54 at the time that A seeks to exercise the right under this section, and
(e) A expects that A and B will satisfy the conditions in section 54(2), (4), (5) and (8) as regards the intended application.
(10A) For the purposes of subsection (7)(f) a person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
(a) the person intends to apply for such an order in respect of the expected child within the time allowed by section 54A(2),
(b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54A(1)(a),
(c) the requirement in section 54A(1)(b) is satisfied by reference to the person, and
(d) the person expects that he or she will satisfy the conditions in section 54A(3), (4) and (7) as regards the intended application.
(11) The references in this section to a registered nurse are references to a registered nurse—
(a) who is also registered in the Specialist Community Public Health Nurses Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001 ( S.I. 2002/253), and
(b) whose entry in that Part of the register is annotated to show that the nurse holds a qualification in health visiting.
(12) For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.
(1) An employee may present a complaint to an employment tribunal that his or her employer has unreasonably refused to let him or her take time off as required by section 57ZE.
(2) An employment tribunal may not consider a complaint under this section unless it is presented—
(a) before the end of the period of six months beginning with the day of the appointment in question, or
(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of six months.
(3) Section 207B applies for the purposes of subsection (2)(a).
(4) Where an employment tribunal finds a complaint under subsection (1) well-founded, it—
(a) must make a declaration to that effect, and
(b) must order the employer to pay to the employee an amount determined in accordance with subsection (5).
(5) The amount payable to the employee is—
A × B × 2
where—
A is the appropriate hourly rate for the employee, and
B is the number of working hours for which the employee would have been entitled under section 57ZE to be absent if the time off had not been refused.
(6) The appropriate hourly rate, in relation to an employee, is the amount of one week's pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off would have been taken.
(7) But where the number of normal working hours differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by—
(a) the average number of normal working hours calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off would have been taken, or
(b) where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (8) as are appropriate in the circumstances.
(8) The considerations referred to in subsection (7)(b) are—
(a) the average number of normal working hours in a week which the employee could expect in accordance with the terms of the employee's contract, and
(b) the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.
57ZG Right to time off to accompany to ante-natal appointment: agency workers
(1) An agency worker who has a qualifying relationship with a pregnant woman or her expected child is entitled to be permitted, by the temporary work agency and the hirer, to take time off during the agency worker's working hours in order that he or she may accompany the woman when she attends by appointment at any place for the purpose of receiving ante-natal care.
(2) In relation to any particular pregnancy, an agency worker is not entitled to take time off for the purpose specified in subsection (1) on more than two occasions.
(3) On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours.
(4) An agency worker is not entitled to take time off for the purpose specified in subsection (1) unless the appointment is made on the advice of a registered medical practitioner, registered midwife or registered nurse.
(5) Where the temporary work agency or the hirer requests the agency worker to give that person a declaration signed by the agency worker, the agency worker is not entitled to take time off for the purpose specified in subsection (1) unless the agency worker gives that declaration (which may be given in electronic form).
(6) The agency worker must state in the declaration—
(a) that the agency worker has a qualifying relationship with a pregnant woman or her expected child,
(b) that the agency worker's purpose in taking time off is the purpose specified in subsection (1),
(c) that the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered nurse, and
(d) the date and time of the appointment.
(7) A person has a qualifying relationship with a pregnant woman or her expected child if—
(a) the person is the husband or civil partner of the pregnant woman,
(b) the person, being of a different sex or the same sex, lives with the woman in an enduring family relationship but is not a relative of the woman,
(c) the person is the father of the expected child,
(d) the person is a parent of the expected child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, ...
(e) the person is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the expected child, or
(f) the person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of the expected child.
(8) For the purposes of subsection (7) a relative of a person is the person's parent, grandparent, sister, brother, aunt or uncle.
(9) The references to relationships in subsection (8)—
(a) are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and
(b) include the relationship of a child with the child's adoptive, or former adoptive, parents,
but do not include any other adoptive relationships.
(10) For the purposes of subsection (7)(e) a person (“A”) is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
(a) A intends to apply, jointly with another person (“B”), for such an order in respect of the expected child within the time allowed by section 54(3),
(b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54(1)(a),
(c) the requirement in section 54(1)(b) is satisfied by reference to A or B,
(d) A and B would satisfy section 54(2) if they made an application under section 54 at the time that A seeks to exercise the right under this section, and
(e) A expects that A and B will satisfy the conditions in section 54(2), (4), (5) and (8) as regards the intended application.
(10A) For the purposes of subsection (7)(f) a person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
(a) the person intends to apply for such an order in respect of the expected child within the time allowed by section 54A(2),
(b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54A(1)(a),
(c) the requirement in section 54A(1)(b) is satisfied by reference to the person, and
(d) the person expects that he or she will satisfy the conditions in section 54A(3), (4) and (7) as regards the intended application.
(11) The references in this section to a registered nurse are references to a registered nurse—
(a) who is also registered in the Specialist Community Public Health Nurses Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001 ( S.I. 2002/253), and
(b) whose entry in that Part of the register is annotated to show that the nurse holds a qualification in health visiting.
(12) For the purposes of this section the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.
57ZH Complaint to employment tribunal: agency workers
(1) An agency worker may present a complaint to an employment tribunal that the temporary work agency has unreasonably refused to let him or her take time off as required by section 57ZG.
(2) An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to let him or her take time off as required by section 57ZG.
(3) An employment tribunal may not consider a complaint under subsection (1) or (2) unless it is presented—
(a) before the end of the period of six months beginning with the day of the appointment in question, or
(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of six months.
(4) Section 207B applies for the purposes of subsection (3)(a).
(5) Where an employment tribunal finds a complaint under subsection (1) or (2) well-founded, it—
(a) must make a declaration to that effect, and
(b) must order the payment to the agency worker of an amount determined in accordance with subsection (7).
(6) Where the tribunal orders that payment under subsection (5) be made by the temporary work agency and the hirer, the proportion of that amount payable by each respondent is to be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates.
(7) The amount payable to the agency worker is—
A × B × 2
where—
A is the appropriate hourly rate for the agency worker, and
B is the number of working hours for which the agency worker would have been entitled under section 57ZG to be absent if the time off had not been refused.
(8) The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off would have been taken.
(9) But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off would have been taken.
(1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law, sections 57ZG and 57ZH do not apply where the agency worker—
(a) has not completed the qualifying period, or
(b) pursuant to regulation 8(a) or (b) of the Agency Workers Regulations 2010 ( S.I. 2010/93), is no longer entitled to the rights conferred by regulation 5 of those Regulations.
(2) Nothing in sections 57ZG and 57ZH imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration, of the assignment, whichever is the longer.
(3) Sections 57ZG and 57ZH do not apply where sections 57ZE and 57ZF apply.
(4) In this section and sections 57ZG and 57ZH the following have the same meaning as in the Agency Workers Regulations 2010—
“agency worker”;
“assignment”;
“hirer”;
“qualifying period”;
“temporary work agency”.
57ZJ Right to paid time off to attend adoption appointments
(1) An employee who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee alone is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
(2) An employee who—
(a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee and another person jointly, and
(b) has elected to exercise the right to take time off under this section in connection with the adoption,
is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
(3) An employee may not make an election for the purposes of subsection (2)(b) if—
(a) the employee has made an election for the purposes of section 57ZL(1)(b) in connection with the adoption, or
(b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (2)(b) or section 57ZN(2)(b) in connection with the adoption.
(4) An employee is not entitled to take time off under this section on or after the date of the child's placement for adoption with the employee.
(5) In relation to any particular adoption, an employee is not entitled to take time off under this section on more than five occasions.
(6) On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.
(7) An employee is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1) or (2)(a).
(8) An employee is not entitled to take time off under subsection (1) unless, if the employer requests it, the employee gives the employer a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).
(9) An employee is not entitled to take time off under subsection (2) unless, if the employer requests it, the employee gives the employer—
(a) a declaration signed by the employee stating that the employee has made an election for the purposes of subsection (2)(b) in connection with the adoption, and
(b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).
(10) A document or declaration requested under subsection (8) or (9) may be given in electronic form.
(11) In cases where more than one child is to be, or is expected to be, placed for adoption with an employee as part of the same arrangement, this section has effect as if—
(a) the purposes specified in subsections (1) and (2) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;
(b) the references in subsections (2)(b) and (9)(a) to the adoption were references to all of the adoptions that are part of the arrangement;
(c) the references in subsection (3) to the adoption were references to any of the adoptions that are part of the arrangement;
(d) the reference in subsection (4) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;
(e) the reference in subsection (5) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.
(12) For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.
(13) In this section “ adoption agency ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.
57ZK Right to remuneration for time off under section 57ZJ
(1) An employee who is permitted to take time off under section 57ZJ is entitled to be paid remuneration by his or her employer for the number of working hours for which the employee is entitled to be absent at the appropriate hourly rate.
(2) The appropriate hourly rate, in relation to an employee, is the amount of one week's pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off is taken.
(3) But where the number of normal working hours differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by—
(a) the average number of normal working hours calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken, or
(b) where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (4) as are appropriate in the circumstances.
(4) The considerations referred to in subsection (3)(b) are—
(a) the average number of normal working hours in a week which the employee could expect in accordance with the terms of the employee's contract, and
(b) the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.
(5) A right to any amount under subsection (1) does not affect any right of an employee in relation to remuneration under the employee's contract of employment (“contractual remuneration”).
(6) Any contractual remuneration paid to an employee in respect of a period of time off under section 57ZJ goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period.
(7) Any payment of remuneration under subsection (1) in respect of a period of time off under section 57ZJ goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.
57ZL Right to unpaid time off to attend adoption appointments
(1) An employee who—
(a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee and another person jointly, and
(b) has elected to exercise the right to take time off under this section in connection with the adoption,
is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.
(2) An employee may not make an election for the purposes of subsection (1)(b) if—
(a) the employee has made an election for the purposes of section 57ZJ(2)(b) in connection with the adoption, or
(b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (1)(b) or section 57ZP(1)(b) in connection with the adoption.
(3) An employee is not entitled to take time off under this section on or after the date of the child's placement for adoption with the employee.
(4) In relation to any particular adoption, an employee is not entitled to take time off under this section on more than two occasions.
(5) On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.
(6) An employee is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1)(a).
(7) An employee is not entitled to take time off under this section unless, if the employer requests it, the employee gives the employer—
(a) a declaration signed by the employee stating that the employee has made an election for the purposes of subsection (1)(b) in connection with the adoption, and
(b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (6).
(8) A declaration or document requested under subsection (7) may be given in electronic form.
(9) In cases where more than one child is to be, or is expected to be, placed for adoption with an employee and another person jointly as part of the same arrangement, this section has effect as if—
(a) the purposes specified in subsection (1) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;
(b) the references in subsections (1)(b) and (7)(a) to the adoption were references to all of the adoptions that are part of the arrangement;
(c) the references in subsection (2) to the adoption were references to any of the adoptions that are part of the arrangement;
(d) the reference in subsection (3) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;
(e) the reference in subsection (4) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.
(10) For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.
(11) In this section “ adoption agency ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.
(1) An employee may present a complaint to an employment tribunal that his or her employer—
(a) has unreasonably refused to let him or her take time off as required by section 57ZJ or 57ZL, or
(b) has failed to pay the whole or any part of any amount to which the employee is entitled under section 57ZK.
(2) An employment tribunal may not consider a complaint under this section unless it is presented—
(a) before the end of the period of six months beginning with the day of the appointment in question, or
(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of six months.
(3) Section 207B applies for the purposes of subsection (2)(a).
(4) Where an employment tribunal finds a complaint under subsection (1) well-founded, it must make a declaration to that effect.
(5) If the complaint is that the employer has unreasonably refused to let the employee take time off as required by section 57ZJ, the tribunal must also order the employer to pay to the employee an amount that is twice the amount of the remuneration to which the employee would have been entitled under section 57ZK if the employer had not refused.
(6) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which the employee is entitled under section 57ZK, the tribunal must also order the employer to pay to the employee the amount which it finds due to the employee.
(7) If the complaint is that the employer has unreasonably refused to let the employee take time off as required by section 57ZL, the tribunal must also order the employer to pay to the employee an amount determined in accordance with subsection (8).
(8) The amount payable to the employee is—
A × B× 2
where—
A is the appropriate hourly rate for the employee determined in accordance with section 57ZK(2) to (4), and
B is the number of working hours for which the employee would have been entitled under section 57ZL to be absent if the time off had not been refused.