Law

Employment Rights Act 1996

United Kingdom · statute

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In force since 2026-10-30, as the publisher states.

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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 439 provisions
  1. Title and introductory text
  2. 1 Statement of initial employment particulars.
  3. 2 Statement of initial particulars: supplementary.
  4. 3 Note about disciplinary procedures and pensions.
  5. 4 Statement of changes.
  6. 5 Exclusion from rights to statements.
  7. 6 Reasonably accessible document or collective agreement.
  8. 7 Power to require particulars of further matters.
  9. 7A Use of alternative documents to give particulars
  10. 7B Giving of alternative documents before start of employment
  11. 8 Itemised pay statement.
  12. 9 Standing statement of fixed deductions.
  13. 10 Power to amend provisions about pay and standing statements.
  14. 11 References to employment tribunals.
  15. 12 Determination of references.
  16. 13 Right not to suffer unauthorised deductions.
  17. 14 Excepted deductions.
  18. 15 Right not to have to make payments to employer.
  19. 16 Excepted payments.
  20. 17 Introductory.
  21. 18 Limits on amount and time of deductions.
  22. 19 Wages determined by reference to shortages etc.
  23. 20 Limits on method and timing of payments.
  24. 21 Limit on amount of payments.
  25. 22 Final instalments of wages.
  26. 23 Complaints to employment tribunals.
  27. 24 Determination of complaints.
  28. 25 Determinations: supplementary.
  29. 26 Complaints and other remedies.
  30. 27 Meaning of “wages” etc.
  31. 27A Exclusivity terms unenforceable in zero hours contracts
  32. 27B Power to make further provision in relation to zero hours workers
  33. 27BA Right for qualifying workers to be offered guaranteed hours
  34. 27BB Requirements relating to a guaranteed hours offer
  35. 27BC Requirements relating to a guaranteed hours offer: supplementary
  36. 27BD Guaranteed hours offer: exceptions to duty to make offer and withdrawal of offer
  37. 27BE Acceptance or rejection of a guaranteed hours offer
  38. 27BF Information about rights conferred by Chapter 2
  39. 27BG Complaints to employment tribunals: grounds
  40. 27BH Complaints to employment tribunals: time limits
  41. 27BI Remedies
  42. 27BJ Right to reasonable notice of a shift
  43. 27BK Right to reasonable notice of cancellation of or change to a shift
  44. 27BL Sections 27BJ and 27BK: supplementary
  45. 27BM Interaction with Chapter 4
  46. 27BN Complaints to employment tribunals
  47. 27BO Remedies
  48. 27BP Right to payment for a cancelled, moved or curtailed shift
  49. 27BQ Regulations under section 27BP: supplementary
  50. 27BR Exceptions to duty to make payment for a cancelled, moved or curtailed shift
  51. 27BS Contractual remuneration
  52. 27BT Complaints to employment tribunal
  53. 27BU Remedies
  54. 27BV Agency workers
  55. 27BW Zero hours workers, etc
  56. 27BX Agency workers
  57. 27BY Supplementary provision
  58. 27BZ Regulations
  59. 27BZ1 Interpretation
  60. 27BZ2 Interpretation
  61. 27BZ3 Regulations
  62. 27C Qualifying tips, gratuities and service charges
  63. 27D How tips etc must be dealt with
  64. 27E Non-public places of business
  65. 27F Independent troncs
  66. 27G When tips etc must be dealt with
  67. 27H Agency workers
  68. 27I Written policy
  69. 27J Records
  70. 27K Complaints to employment tribunal about tips etc
  71. 27L Determination of complaints about tips etc
  72. 27M Compensation: dealing with tips etc
  73. 27N Complaints to employment tribunal about information
  74. 27O Determination of complaints about information
  75. 27P Issue of code of practice
  76. 27Q Procedure for issue of code of practice
  77. 27R Consequential revision of code of practice
  78. 27S Revocation of code of practice
  79. 27T Failure to comply with code of practice
  80. 27U No restitution claims by employer
  81. 27V Relationship with contractual rights
  82. 27W Restrictions on contracting out of this Part
  83. 27X Interpretation
  84. 27Y Application
  85. 28 Right to guarantee payment.
  86. 29 Exclusions from right to guarantee payment.
  87. 30 Calculation of guarantee payment.
  88. 31 Limits on amount of and entitlement to guarantee payment.
  89. 32 Contractual remuneration.
  90. 33 Power to modify provisions about guarantee payments.
  91. 34 Complaints to employment tribunals.
  92. 35 Exemption orders.
  93. 36 Protected shop workers and betting workers.
  94. 37 Contractual requirements relating to Sunday work.
  95. 38 Contracts with guaranteed hours.
  96. 39 Reduction of pay etc.
  97. 40 Notice of objection to Sunday working.
  98. 41 Opted-out shop workers and betting workers.
  99. 41A Notice of objection by shop workers to working additional hours on Sunday
  100. 41B Explanatory statement: persons who become shop workers
  101. 41C Explanatory statement: shop workers at commencement date
  102. 41D Failure to give explanatory statement under section 41B or 41C
  103. 42 Explanatory statement : betting workers.
  104. 43 Contractual requirements relating to Sunday work : opting-out notices.
  105. 43ZA Contractual requirements relating to working additional hours on Sundays: objection notices
  106. 43ZB Interpretation
  107. 43A Meaning of “protected disclosure”.
  108. 43B Disclosures qualifying for protection.
  109. 43C Disclosure to employer or other responsible person.
  110. 43D Disclosure to legal adviser.
  111. 43E Disclosure to Minister of the Crown.
  112. 43F Disclosure to prescribed person.
  113. 43FA Prescribed persons: duty to report on disclosures of information
  114. 43G Disclosure in other cases.
  115. 43H Disclosure of exceptionally serious failure.
  116. 43J Contractual duties of confidentiality.
  117. 43K Extension of meaning of “worker” etc. for Part IVA.
  118. 43KA Application of this Part and related provisions to police
  119. 43L Other interpretative provisions.
  120. 43M Jury service
  121. 44 Health and safety cases.
  122. 45 Sunday working for shop and betting workers.
  123. 45ZA Sunday working for shop workers: additional hours
  124. 45A Working time cases.
  125. 46 Trustees of occupational pension schemes.
  126. 47 Employee representatives.
  127. 47A Employees exercising right to time off work for study or training.
  128. 47B Protected disclosures.
  129. 47C Leave for family and domestic reasons.
  130. 47D Tax credits
  131. 47E Flexible working
  132. 47F Study and training
  133. 47G Employee shareholder status
  134. 48 Complaints to employment tribunals.
  135. 49 Remedies.
  136. 49A Application to police of section 44 and related provisions.
  137. 49B Regulations prohibiting discrimination because of protected disclosure
  138. 49D Redundancy or dismissal during a protected period of pregnancy
  139. 49E Section 49D: supplemental
  140. 50 Right to time off for public duties.
  141. 51 Complaints to employment tribunals.
  142. 52 Right to time off to look for work or arrange training.
  143. 53 Right to remuneration for time off under section 52.
  144. 54 Complaints to employment tribunals.
  145. 55 Right to time off for ante-natal care.
  146. 56 Right to remuneration for time off under section 55.
  147. 57 Complaints to employment tribunals.
  148. 57ZA Right to time off for ante-natal care (agency workers)
  149. 57ZB Right to remuneration for time off under section 57ZA
  150. 57ZC Complaint to employment tribunal: agency workers
  151. 57ZD Agency workers: supplementary
  152. 57ZE Right to time off to accompany to ante-natal appointment
  153. 57ZF Complaint to employment tribunal
  154. 57ZG Right to time off to accompany to ante-natal appointment: agency workers
  155. 57ZH Complaint to employment tribunal: agency workers
  156. 57ZI Agency workers: supplementary
  157. 57ZJ Right to paid time off to attend adoption appointments
  158. 57ZK Right to remuneration for time off under section 57ZJ
  159. 57ZL Right to unpaid time off to attend adoption appointments
  160. 57ZM Complaint to employment tribunal
  161. 57ZN Right to paid time off to attend adoption appointments: agency workers
  162. 57ZO Right to remuneration for time off under section 57ZN
  163. 57ZP Right to unpaid time off to attend adoption meetings: agency workers
  164. 57ZQ Complaint to employment tribunal: agency workers
  165. 57ZR Agency workers: supplementary
  166. 57ZS Placement of looked after children with prospective adopters
  167. 57A Time off for dependants.
  168. 57B Complaint to employment tribunal.
  169. 58 Right to time off for pension scheme trustees.
  170. 59 Right to payment for time off under section 58.
  171. 60 Complaints to employment tribunals.
  172. 61 Right to time off for employee representatives.
  173. 62 Right to remuneration for time off under section 61.
  174. 63 Complaints to employment tribunals.
  175. 63A Right to time off for young person in Wales or Scotland for study or training.
  176. 63B Right to remuneration for time off under section 63A.
  177. 63C Complaints to employment tribunals.
  178. 63D Statutory right to make request in relation to study or training
  179. 63E Section 63D application: supplementary
  180. 63F Employer's duties in relation to application
  181. 63G Regulations about dealing with applications
  182. 63H Employee's duties in relation to agreed study or training
  183. 63I Complaints to employment tribunals
  184. 63J Remedies
  185. 63K Supplementary
  186. 64 Right to remuneration on suspension on medical grounds.
  187. 65 Exclusions from right to remuneration.
  188. 66 Meaning of suspension on maternity grounds.
  189. 67 Right to offer of alternative work.
  190. 68 Right to remuneration.
  191. 68A Meaning of ending the supply of an agency worker on maternity grounds
  192. 68B Right to offer of alternative work
  193. 68C Right to remuneration
  194. 68D Agency workers: supplementary
  195. 69 Calculation of remuneration.
  196. 69A Calculation of remuneration (agency workers)
  197. 70 Complaints to employment tribunals.
  198. 70A Complaints to employment tribunals: agency workers
  199. 71
  200. 72 Compulsory maternity leave.
  201. 73 Additional maternity leave.
  202. 74 Redundancy and dismissal.
  203. 75 Sections 71 to 73: supplemental.
  204. 75A Ordinary adoption leave
  205. 75B Additional adoption leave
  206. 75C Redundancy and dismissal
  207. 75D Chapter 1A: supplemental
  208. 75E Entitlement to shared parental leave: birth
  209. 75F Entitlement to leave under section 75E: further provision
  210. 75G Entitlement to shared parental leave: adoption
  211. 75H Entitlement to leave under section 75G: further provision
  212. 75I Rights during and after shared parental leave
  213. 75J Redundancy and dismissal
  214. 75K Chapter 1B: supplemental
  215. 76 Entitlement to parental leave.
  216. 77 Rights during and after parental leave.
  217. 78 Special cases.
  218. 79 Supplemental.
  219. 80 Complaint to employment tribunal.
  220. 80A Entitlement to ... paternity leave: birth
  221. 80AA Entitlement to additional paternity leave: birth
  222. 80B Entitlement to ... paternity leave: adoption
  223. 80BB Entitlement to additional paternity leave: adoption
  224. 80C Rights during and after paternity leave
  225. 80D Special cases
  226. 80E Chapter 3: supplemental
  227. 80EA Parental bereavement Bereavement leave
  228. 80EB Rights during and after bereavement leave
  229. 80EC Special cases
  230. 80ED Chapter 4: supplemental
  231. 80EE Application in relation to stillbirths
  232. 80EF Neonatal care leave
  233. 80EG Rights during and after neonatal care leave
  234. 80EH Special cases
  235. 80EI Chapter 5: supplemental
  236. 80F Statutory right to request contract variation
  237. 80G Employer’s duties in relation to application under section 80F
  238. 80H Complaints to employment tribunals
  239. 80I Remedies
  240. 80J Carer’s leave
  241. 80K Rights during and after carer’s leave
  242. 80L Special cases
  243. 80M Part 8B: supplemental
  244. 80N Complaint to employment tribunal
  245. 86 Rights of employer and employee to minimum notice.
  246. 87 Rights of employee in period of notice.
  247. 88 Employments with normal working hours.
  248. 89 Employments without normal working hours.
  249. 90 Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
  250. 91 Supplementary.
  251. 92 Right to written statement of reasons for dismissal.
  252. 93 Complaints to employment tribunal.
  253. 94 The right.
  254. 95 Circumstances in which an employee is dismissed.
  255. 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  256. 97 Effective date of termination.
  257. 98 General.
  258. 98ZA No normal retirement age: dismissal before 65
  259. 98ZB No normal retirement age: dismissal at or after 65
  260. 98ZC Normal retirement age: dismissal before retirement age
  261. 98ZD Normal retirement age 65 or higher: dismissal at or after retirement age
  262. 98ZE Normal retirement age below 65: dismissal at or after retirement age
  263. 98ZF Reason for dismissal: particular matters
  264. 98ZG Retirement dismissals: fairness
  265. 98ZH Interpretation
  266. 98A Procedural fairness
  267. 98B Jury service
  268. 99 Leave for family reasons.
  269. 100 Health and safety cases.
  270. 101 Shop workers and betting workers who refuse Sunday work.
  271. 101ZA Shop workers who refuse to work additional hours on Sunday
  272. 101A Working time cases.
  273. 102 Trustees of occupational pension schemes.
  274. 103 Employee representatives.
  275. 103A Protected disclosure.
  276. 104 Assertion of statutory right.
  277. 104A The national minimum wage.
  278. 104B Tax credits
  279. 104C Flexible working
  280. 104D Pension enrolment
  281. 104E Study and training
  282. 104F Blacklists
  283. 104G Employee shareholder status
  284. 104I Contracts of employment: restricted variations
  285. 104J Contracts of employment: variations that are not restricted variations
  286. 104K Redundancy: replacement of employees with people who are not employees
  287. 105 Redundancy.
  288. 106 Replacements.
  289. 107 Pressure on employer to dismiss unfairly.
  290. 108 Qualifying period of employment.
  291. 109 Upper age limit.
  292. 110 Dismissal procedures agreements.
  293. 111 Complaints to employment tribunal.
  294. 111A Confidentiality of negotiations before termination of employment
  295. 112 The remedies: orders and compensation.
  296. 113 The orders.
  297. 114 Order for reinstatement.
  298. 115 Order for re-engagement.
  299. 116 Choice of order and its terms.
  300. 117 Enforcement of order and compensation.
  301. 118 General.
  302. 119 Basic award.
  303. 120 Basic award: minimum in certain cases.
  304. 121 Basic award of two weeks’ pay in certain cases.
  305. 122 Basic award: reductions.
  306. 123 Compensatory award.
  307. 124 Limit of compensatory award etc.
  308. 124A Adjustments under the Employment Act 2002
  309. 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  310. 126 Acts which are both unfair dismissal and discrimination.
  311. 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  312. 127A Internal appeal procedures.
  313. 127B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  314. 128 Interim relief pending determination of complaint.
  315. 129 Procedure on hearing of application and making of order.
  316. 130 Order for continuation of contract of employment.
  317. 131 Application for variation or revocation of order.
  318. 132 Consequence of failure to comply with order.
  319. 133 Death of employer or employee.
  320. 134 Teachers in aided schools.
  321. 134A Application to police.
  322. 135 The right.
  323. 136 Circumstances in which an employee is dismissed.
  324. 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  325. 138 No dismissal in cases of renewal of contract or re-engagement.
  326. 139 Redundancy.
  327. 140 Summary dismissal.
  328. 141 Renewal of contract or re-engagement.
  329. 142 Employee anticipating expiry of employer’s notice.
  330. 143 Strike during currency of employer’s notice.
  331. 144 Provisions supplementary to section 143.
  332. 145 The relevant date.
  333. 146 Provisions supplementing sections 138 and 141.
  334. 147 Meaning of “lay-off” and “short-time”.
  335. 148 Eligibility by reason of lay-off or short-time.
  336. 149 Counter-notices.
  337. 150 Resignation.
  338. 151 Dismissal.
  339. 152 Likelihood of full employment.
  340. 153 The relevant date.
  341. 154 Provisions supplementing sections 148 and 152.
  342. 155 Qualifying period of employment.
  343. 156 Upper age limit.
  344. 157 Exemption orders.
  345. 158 Pension rights.
  346. 159 Public offices etc.
  347. 160 Overseas government employment.
  348. 161 Domestic servants.
  349. 162 Amount of a redundancy payment.
  350. 163 References to employment tribunals.
  351. 164 Claims for redundancy payment.
  352. 165 Written particulars of redundancy payment.
  353. 166 Applications for payments.
  354. 167 Making of payments.
  355. 168 Amount of payments.
  356. 169 Information relating to applications for payments.
  357. 170 References to employment tribunals.
  358. 171 Employment not under contract of employment.
  359. 172 Termination of employment by statute.
  360. 173 Employees paid by person other than employer.
  361. 174 Death of employer: dismissal.
  362. 175 Death of employer: lay-off and short-time.
  363. 176 Death of employee.
  364. 177 References to employment tribunals.
  365. 178 Old statutory compensation schemes.
  366. 179 Notices.
  367. 180 Offences.
  368. 181 Interpretation.
  369. 182 Employee’s rights on insolvency of employer.
  370. 183 Insolvency.
  371. 184 Debts to which Part applies.
  372. 185 The appropriate date.
  373. 186 Limit on amount payable under section 182.
  374. 187 Role of relevant officer.
  375. 188 Complaints to employment tribunals.
  376. 189 Transfer to Secretary of State of rights and remedies.
  377. 190 Power to obtain information.
  378. 191 Crown employment.
  379. 192 Armed forces.
  380. 193 National security.
  381. 194 House of Lords staff.
  382. 195 House of Commons staff.
  383. 196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  384. 197 Fixed-term contracts.
  385. 198 Short-term employment.
  386. 199 Mariners.
  387. 200 Police officers.
  388. 201 Power to extend employment legislation to offshore employment.
  389. 202 National security.
  390. 202A Contractual duties of confidentiality relating to harassment and discrimination
  391. 203 Restrictions on contracting out.
  392. 204 Law governing employment.
  393. 205 Remedy for infringement of certain rights.
  394. 205A Employee shareholders
  395. 206 Institution or continuance of tribunal proceedings.
  396. 207 Rights and liabilities accruing after death.
  397. 207A Extension of time limits because of mediation in certain cross-border disputes
  398. 207B Extension of time limits to facilitate conciliation before institution of proceedings
  399. 208 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  400. 209 Powers to amend Act.
  401. 210 Introductory.
  402. 211 Period of continuous employment.
  403. 212 Weeks counting in computing period.
  404. 213 Intervals in employment.
  405. 214 Special provisions for redundancy payments.
  406. 215 Employment abroad etc.
  407. 216 Industrial disputes.
  408. 217 Reinstatement after military service.
  409. 218 Change of employer.
  410. 219 Reinstatement or re-engagement of dismissed employee.
  411. 220 Introductory.
  412. 221 General.
  413. 222 Remuneration varying according to time of work.
  414. 223 Supplementary.
  415. 224 Employments with no normal working hours.
  416. 225 Rights during employment.
  417. 226 Rights on termination.
  418. 227 Maximum amount.
  419. 228 New employments and other special cases.
  420. 229 Supplementary.
  421. 230 Employees, workers etc.
  422. 231 Associated employers.
  423. 232 Shop workers.
  424. 233 Betting workers
  425. 234 Normal working hours.
  426. 235 Other definitions.
  427. 236 Orders and regulations.
  428. 237 Financial provisions.
  429. 238 Reciprocal arrangements with Northern Ireland.
  430. 239 Reciprocal arrangements with Isle of Man.
  431. 240 Consequential amendments.
  432. 241 Transitionals, savings and transitory provisions.
  433. 242 Repeals and revocations.
  434. 243 Commencement.
  435. 244 Extent.
  436. 245 Short title.
  437. SCHEDULE 1 Consequential amendments
  438. SCHEDULE 2 Transitional provisions, savings and transitory provisions
  439. SCHEDULE 3 Repeals and revocations

Proposed changes to this act

No one has proposed a change to this act yet.

439 provisions

44 Health and safety cases.

(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).

Propose a change

45 Sunday working for shop and betting workers.

(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.

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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)).

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45A Working time cases.

(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).

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46 Trustees of occupational pension schemes.

(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.

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47 Employee representatives.

(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).

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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 ).

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47B Protected disclosures.

(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.

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47C Leave for family and domestic reasons.

(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”.

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47D Tax credits

(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).

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47E Flexible working

(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.

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47F Study and training

(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.

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47G Employee shareholder status

(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.

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48 Complaints to employment tribunals.

(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”.

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49 Remedies.

(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.

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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.

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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.

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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.

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49E Section 49D: supplemental

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.

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50 Right to time off for public duties.

(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.

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51 Complaints to employment tribunals.

(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.

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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.

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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.

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54 Complaints to employment tribunals.

(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.

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55 Right to time off for ante-natal care.

(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.

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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.

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57 Complaints to employment tribunals.

(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.

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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.

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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.

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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.

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57ZD Agency workers: supplementary

(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”.

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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.

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57ZF Complaint to employment tribunal

(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.

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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.

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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.

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57ZI Agency workers: supplementary

(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”.

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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.

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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.

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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.

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57ZM Complaint to employment tribunal

(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.

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