57ZN Right to paid time off to attend adoption appointments: agency workers
(1) An agency worker who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker alone 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 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 agency worker 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 agency worker 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 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 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 agency worker may not make an election for the purposes of subsection (2)(b) if—
(a) the agency worker has made an election for the purposes of section 57ZP(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 57ZJ(2)(b) in connection with the adoption.
(4) An agency worker is not entitled to take time off under this section on or after the date of the child's placement for adoption with the agency worker.
(5) In relation to any particular adoption, an agency worker 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 agency worker is entitled is six and a half hours.
(7) An agency worker 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 agency worker is not entitled to take time off under subsection (1) unless, if the temporary work agency or the hirer requests it, the agency worker gives that person 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 agency worker is not entitled to take time off under subsection (2) unless, if the temporary work agency or the hirer requests it, the agency worker gives that person—
(a) a declaration signed by the agency worker stating that the agency worker 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 agency worker 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 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.
(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.
57ZO Right to remuneration for time off under section 57ZN
(1) An agency worker who is permitted to take time off under section 57ZN is entitled to be paid remuneration by the temporary work agency for the number of working hours for which the agency worker is entitled to be absent 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 the agency worker's 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 57ZN goes towards discharging any liability of the temporary work agency to pay remuneration under subsection (1) in respect of that period.
(6) Any payment of remuneration under subsection (1) in respect of a period of time off under section 57ZN goes towards discharging any liability of the temporary work agency to pay contractual remuneration in respect of that period.
57ZP Right to unpaid time off to attend adoption meetings: agency workers
(1) An agency worker 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 agency worker 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 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 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 agency worker may not make an election for the purposes of subsection (1)(b) if—
(a) the agency worker has made an election for the purposes of section 57ZN(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 57ZL(1)(b) in connection with the adoption.
(3) An agency worker is not entitled to take time off under this section on or after the date of the child's placement for adoption with the agency worker.
(4) In relation to any particular adoption, an agency worker 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 agency worker is entitled is six and a half hours.
(6) An agency worker 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 agency worker is not entitled to take time off under this section unless, if the temporary work agency or the hirer requests it, the agency worker gives that person—
(a) a declaration signed by the agency worker stating that the agency worker 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 agency worker 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 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.
(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 by section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.
57ZQ 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 let him or her take time off as required by section 57ZN or 57ZP, or
(b) has failed to pay the whole or any part of any amount to which the agency worker is entitled under section 57ZO.
(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 57ZN or 57ZP.
(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 must make a declaration to that effect.
(6) If the complaint is that the temporary work agency or hirer has unreasonably refused to let the agency worker take time off as required by section 57ZN, the tribunal must also order payment to the agency worker of an amount that is twice the amount of the remuneration to which the agency worker would have been entitled under section 57ZO if the agency worker had not been refused the time off.
(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 the agency worker is entitled under section 57ZO, the tribunal must also order the temporary work agency to pay to the agency worker the amount which it finds due to the agency worker.
(8) If the complaint is that the temporary work agency or hirer has unreasonably refused to let the agency worker take time off as required by section 57ZP, the tribunal must also order payment to the agency worker of an amount determined in accordance with subsection (9).
(9) The amount payable to the agency worker under subsection (8) is—
A× B× 2
where—
A is the appropriate hourly rate for the agency worker determined in accordance with section 57ZO(2) and (3), and
B is the number of working hours for which the agency worker would have been entitled under section 57ZP to be absent if the time off had not been refused.
(10) Where the tribunal orders that payment under subsection (6) or (8) 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.
(1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law, sections 57ZN to 57ZQ 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 57ZN to 57ZQ 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 57ZN to 57ZQ do not apply where sections 57ZJ to 57ZM apply.
(4) In this section and sections 57ZN to 57ZQ the following have the same meaning as in the Agency Workers Regulations 2010—
“agency worker”;
“assignment”;
“hirer”;
“qualifying period”;
“temporary work agency”.
57ZS Placement of looked after children with prospective adopters
(1) Subsection (2) applies where a local authority in England notifies a person—
(a) who is a local authority foster parent, and
(b) who has been approved as a prospective adopter,
that a child is to be, or is expected to be, placed with that person under section 22C of the Children Act 1989.
(2) Where this subsection applies, sections 57ZJ, 57ZL, 57ZN and 57ZP have effect as if—
(a) references to adoption or placement for adoption were references to placement of a child under section 22C of the Children Act 1989 with a local authority foster parent who has been approved as a prospective adopter;
(b) references to placing for adoption were references to placing a child under section 22C of that Act with a local authority foster parent who has been approved as a prospective adopter;
(c) references to an adoption agency were references to a local authority in England.
(2A) Subsection (2B) applies where a local authority in Wales notifies a person—
(a) who is a local authority foster parent, and
(b) who has been approved as prospective adopter,
that a child is to be, or is expected to be, placed with that person under section 81 of the Social Services and Well-being (Wales) Act 2014.
(2B) Where this subsection applies, sections 57ZJ, 57ZL, 57ZN and 57ZP have effect as if—
(a) references to adoption or placement for adoption were references to placement of a child under section 81 of the Social Services and Well-being (Wales) Act 2014 with a local authority foster parent who has been approved as a prospective adopter;
(b) references to placing for adoption were references to placing a child under section 81 of that Act with a local authority foster parent who has been approved as a prospective adopter;
(c) references to an adoption agency were references to a local authority in Wales.
(3) Where a child is placed under section 22C of the Children Act 1989or section 81 of the Social Services and Well-being (Wales) Act 2014 with a local authority foster parent who has been approved as a prospective adopter, notification of that person by an adoption agency during that placement that the child is to be, or is expected to be, placed with that person for adoption is not to give rise to a right to time off under section 57ZJ, 57ZL, 57ZN or 57ZP for that person or another person.
(1) An employee is entitled to be permitted by his employer to take a reasonable amount of time off during the employee’s working hours in order to take action which is necessary—
(a) to provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted,
(b) to make arrangements for the provision of care for a dependant who is ill or injured,
(c) in consequence of the death of a dependant,
(d) because of the unexpected disruption or termination of arrangements for the care of a dependant, or
(e) to deal with an incident which involves a child of the employee and which occurs unexpectedly in a period during which an educational establishment which the child attends is responsible for him.
(2) Subsection (1) does not apply unless the employee—
(a) tells his employer the reason for his absence as soon as reasonably practicable, and
(b) except where paragraph (a) cannot be complied with until after the employee has returned to work, tells his employer for how long he expects to be absent.
(3) Subject to subsections (4) and (5), for the purposes of this section “ dependant ” means, in relation to an employee—
(a) a spouse or civil partner ,
(b) a child,
(c) a parent,
(d) a person who lives in the same household as the employee, otherwise than by reason of being his employee, tenant, lodger or boarder.
(4) For the purposes of subsection (1)(a) or (b) “ dependant ” includes, in addition to the persons mentioned in subsection (3), any person who reasonably relies on the employee—
(a) for assistance on an occasion when the person falls ill or is injured or assaulted, or
(b) to make arrangements for the provision of care in the event of illness or injury.
(5) For the purposes of subsection (1)(d) “ dependant ” includes, in addition to the persons mentioned in subsection (3), any person who reasonably relies on the employee to make arrangements for the provision of care.
(6) A reference in this section to illness or injury includes a reference to mental illness or injury.
(1) An employee may present a complaint to an employment tribunal that his employer has unreasonably refused to permit him to take time off as required by section 57A.
(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 when the refusal 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 subsection (1) well-founded, it—
(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 compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—
(a) the employer’s default in refusing to permit time off to be taken by the employee, and
(b) any loss sustained by the employee which is attributable to the matters complained of.
(1) The employer in relation to a relevant occupational pension scheme shall permit an employee of his who is a trustee of the scheme to take time off during the employee’s working hours for the purpose of—
(a) performing any of his duties as such a trustee, or
(b) undergoing training relevant to the performance of those duties.
(2) The amount of time off which an employee is to be permitted to take under this section and the purposes for which, 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 a trustee of the scheme and the undergoing of relevant training, and how much time off is required for performing the particular duty or for undergoing the particular training, and
(b) the circumstances of the employer’s business and the effect of the employee’s absence on the running of that business.
(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—
(a) “ relevant occupational pension scheme ” means an occupational pension scheme (as defined in section 1 of the Pension Schemes Act 1993) established under a trust, and
(b) references to the employer, in relation to such a scheme, are to an employer of persons in the description or category of employment to which the scheme relates , and
(c) references to training are to training on the employer’s premises or elsewhere.
(4) 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.
59 Right to payment for time off under section 58.
(1) An employer who permits an employee to take time off under section 58 shall pay him for the time taken off pursuant to the permission.
(2) Where the employee’s remuneration for the work he would ordinarily have been doing during that time does not vary with the amount of work done, he must be paid as if he had worked at that work for the whole of that time.
(3) Where the employee’s remuneration for the work he would ordinarily have been doing during that time varies with the amount of work done, he must be paid an amount calculated by reference to the average hourly earnings for that work.
(4) The average hourly earnings mentioned in subsection (3) are—
(a) those of the employee concerned, or
(b) if no fair estimate can be made of those earnings, the average hourly earnings for work of that description of persons in comparable employment with the same employer or, if there are no such persons, a figure of average hourly earnings which is reasonable in the circumstances.
(5) A right to be paid an amount under subsection (1) does not affect any right of an employee in relation to remuneration under his contract of employment (“contractual remuneration”).
(6) Any contractual remuneration paid to an employee in respect of a period of time off under section 58 goes towards discharging any liability of the employer under subsection (1) in respect of that period; and, conversely, any payment under subsection (1) in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.
(1) An employee may present a complaint to an employment tribunal that his employer—
(a) has failed to permit him to take time off as required by section 58, or
(b) has failed to pay him in accordance with section 59.
(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 when 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 subsection (1)(a) 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 complained of.
(5) Where on a complaint under subsection (1)(b) an employment tribunal finds that an employer has failed to pay an employee in accordance with section 59, it shall order the employer to pay the amount which it finds to be due.
61 Right to time off for employee representatives.
(1) An employee who is—
(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,
is entitled to be permitted by his employer to take reasonable time off during the employee’s working hours in order to perform his functions as such an employee representative or candidate or in order to undergo training to perform such functions.
(2) 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.
62 Right to remuneration for time off under section 61.
(1) An employee who is permitted to take time off under section 61 is entitled to be paid remuneration by his employer for the time taken off 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 his 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 his contract of employment (“contractual remuneration”).
(6) Any contractual remuneration paid to an employee in respect of a period of time off under section 61 goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period; and, conversely, any payment of remuneration under subsection (1) in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.
(1) An employee may present a complaint to an employment tribunal that his employer—
(a) has unreasonably refused to permit him to take time off as required by section 61, or
(b) has failed to pay the whole or any part of any amount to which the employee is entitled under section 62.
(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 day on which the time off was taken or on which it is alleged 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 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 equal to the remuneration to which he would have been entitled under section 62 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 he is entitled under section 62, the tribunal shall also order the employer to pay to the employee the amount which it finds due to him.
63A Right to time off for young person in Wales or Scotland for study or training.
(1) An employee who—
(a) is aged 16 or 17,
(b) is not receiving full-time secondary or further education, and
(c) has not attained such standard of achievement as is prescribed by regulations made by the Secretary of State,
is entitled to be permitted by his employer to take time off during the employee’s working hours in order to undertake study or training leading to a relevant qualification.
(2) In this section—
(a) “ secondary education ”—
(i) in relation to England and Wales, has the same meaning as in the Education Act 1996, and
(ii) in relation to Scotland, has the same meaning as in section 135(2)(b) of the Education (Scotland) Act 1980;
(b) “ further education ”—
(i) in relation to England and Wales, has the same meaning as in the Education Act 1996, and
(ii) in relation to Scotland, has the same meaning as in section 1(3) of the Further and Higher Education (Scotland) Act 1992; and
(c) “ relevant qualification ” means an external qualification the attainment of which—
(i) would contribute to the attainment of the standard prescribed for the purposes of subsection (1)(c), and
(ii) would be likely to enhance the employee’s employment prospects (whether with his employer or otherwise);
and for the purposes of paragraph (c) “ external qualification ” means an academic or vocational qualification awarded or authenticated by such person or body as may be specified in or under regulations made by the Secretary of State.
(3) An employee who—
(a) satisfies the requirements of paragraphs (a) to (c) of subsection (1), and
(b) is for the time being supplied by his employer to another person (“ the principal ”) to perform work in accordance with a contract made between the employer and the principal,
is entitled to be permitted by the principal to take time off during the employee’s working hours in order to undertake study or training leading to a relevant qualification.
(4) Where an employee—
(a) is aged 18,
(b) is undertaking study or training leading to a relevant qualification, and
(c) began such study or training before attaining that age,
subsections (1) and (3) shall apply to the employee, in relation to that study or training, as if “or 18” were inserted at the end of subsection (1)(a).
(5) 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) the requirements of the employee’s study or training, and
(b) the circumstances of the business of the employer or the principal and the effect of the employee’s time off on the running of that business.
(5A) References in this section to an employee do not include a person to whom Part 1 of the Education and Skills Act 2008 (duty to participate in education or training for 16 and 17 year olds in England) applies, or is treated by section 29 of that Act (extension for person reaching 18) as applying.
(6) Regulations made for the purposes of subsections (1)(c) and (2) may make different provision for different cases, and in particular may make different provision in relation to England, Wales and Scotland respectively.
(7) References in this section to study or training are references to study or training on the premises of the employer or (as the case may be) principal or elsewhere.
(8) 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.
63B Right to remuneration for time off under section 63A.
(1) An employee who is permitted to take time off under section 63A is entitled to be paid remuneration by his employer for the time taken off 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 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 his 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 his contract of employment (“ contractual remuneration ”).
(6) Any contractual remuneration paid to an employee in respect of a period of time off under section 63A goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period; and, conversely, any payment of remuneration under subsection (1) in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.
(1) An employee may present a complaint to an employment tribunal that—
(a) his employer, or the principal referred to in subsection (3) of section 63A, has unreasonably refused to permit him to take time off as required by that section, or
(b) his employer has failed to pay the whole or any part of any amount to which the employee is entitled under section 63B.
(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 day on which the time off was taken or on which it is alleged 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 make a declaration to that effect.
(4) If the complaint is that the employer or the principal has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer or the principal, as the case may be, to pay to the employee an amount equal to the remuneration to which he would have been entitled under section 63B if the employer or the principal 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 he is entitled under section 63B, the tribunal shall also order the employer to pay to the employee the amount which it finds due to him.
63D Statutory right to make request in relation to study or training
(1) A qualifying employee may make an application under this section to his or her employer.
(2) An application under this section (a “section 63D application”) is an application that meets—
(a) the conditions in subsections (3) to (5), and
(b) any further conditions specified by the Secretary of State in regulations.
(3) The application must be made for the purpose of enabling the employee to undertake study or training (or both) within subsection (4).
(4) Study or training is within this subsection if its purpose is to improve—
(a) the employee's effectiveness in the employer's business, and
(b) the performance of the employer's business.
(5) The application must state that it is an application under this section.
(6) An employee is a qualifying employee for the purposes of this section if the employee—
(a) satisfies any conditions about duration of employment specified by the Secretary of State in regulations, and
(b) is not a person within subsection (7).
(7) The following persons are within this subsection—
(a) a person of compulsory school age (or, in Scotland, school age);
(b) a person to whom Part 1 of the Education and Skills Act 2008 (duty to participate in education or training for 16 and 17 year olds) applies;
(c) a person who, by virtue of section 29 of that Act, is treated as a person to whom that Part applies for the purposes specified in that section (extension for person reaching 18);
(d) a person to whom section 63A of this Act (right to time off for young person for study or training) applies;
(e) an agency worker;
(f) a person of a description specified by the Secretary of State in regulations.
(8) Nothing in this Part prevents an employee and an employer from making any other arrangements in relation to study or training.
(9) In this section—
“ agency worker ” means a worker supplied by a person (the “agent”) to do work for another person (the “principal”) under a contract or other arrangement between the agent and principal;
“ compulsory school age ” has the meaning given in section 8 of the Education Act 1996;
“ school age ” has the meaning given in section 31 of the Education (Scotland) Act 1980.
(1) A section 63D application may—
(a) be made in relation to study or training of any description (subject to section 63D(3) and (4) and regulations under section 63D(2));
(b) relate to more than one description of study or training.
(2) The study or training may (in particular) be study or training that (if undertaken)—
(a) would be undertaken on the employer's premises or elsewhere (including at the employee's home);
(b) would be undertaken by the employee while performing the duties of the employee's employment or separately;
(c) would be provided or supervised by the employer or by someone else;
(d) would be undertaken without supervision;
(e) would be undertaken within or outside the United Kingdom.
(3) The study or training need not be intended to lead to the award of a qualification to the employee.
(4) A section 63D application must—
(a) give the following details of the proposed study or training—
(i) its subject matter;
(ii) where and when it would take place;
(iii) who would provide or supervise it;
(iv) what qualification (if any) it would lead to;
(b) explain how the employee thinks the proposed study or training would improve—
(i) the employee's effectiveness in the employer's business, and
(ii) the performance of the employer's business;
(c) contain information of any other description specified by the Secretary of State in regulations.
(5) The Secretary of State may make regulations about—
(a) the form of a section 63D application;
(b) when a section 63D application is to be taken to be received for the purposes of this Part.
(1) Subsections (4) to (7) apply if—
(a) an employer receives a section 63D application (the “current application”) from an employee, and
(b) during the relevant 12 month period the employer has not received another section 63D application (an “earlier application”) from the employee.
(2) The “relevant 12 month period” is the 12 month period ending with the day on which the employer receives the current application.
(3) The Secretary of State may make regulations about circumstances in which, at an employee's request, an employer is to be required to ignore an earlier application for the purposes of subsection (1).
(4) The employer must deal with the application in accordance with regulations made by the Secretary of State.
(5) The employer may refuse a section 63D application only if the employer thinks that one or more of the permissible grounds for refusal applies in relation to the application.
(6) The employer may refuse part of a section 63D application only if the employer thinks that one or more of the permissible grounds for refusal applies in relation to that part.
(7) The permissible grounds for refusal are—
(a) that the proposed study or training to which the application, or the part in question, relates would not improve—
(i) the employee's effectiveness in the employer's business, or
(ii) the performance of the employer's business;
(b) the burden of additional costs;
(c) detrimental effect on ability to meet customer demand;
(d) inability to re-organise work among existing staff;
(e) inability to recruit additional staff;
(f) detrimental impact on quality;
(g) detrimental impact on performance;
(h) insufficiency of work during the periods the employee proposes to work;
(i) planned structural changes;
(j) any other grounds specified by the Secretary of State in regulations.
(1) Regulations under section 63F(4) may, in particular, include provision—
(a) for the employee to have a right to be accompanied by a person of a specified description when attending meetings held in relation to a section 63D application in accordance with any such regulations;
(b) for the postponement of such a meeting if the employee's companion under paragraph (a) is not available to attend it;
(c) in relation to companions under paragraph (a), corresponding to section 10(6) and (7) of the Employment Relations Act 1999 (right to paid time off to act as companion, etc.);
(d) in relation to the rights under paragraphs (a) to (c), for rights to complain to an employment tribunal and not to be subjected to a detriment, and about unfair dismissal;
(e) for section 63D applications to be treated as withdrawn in specified circumstances.
(2) In this section “ specified ” means specified in the regulations.
63H Employee's duties in relation to agreed study or training
(1) This section applies if an employer has agreed to a section 63D application, or part of a section 63D application, made by an employee in relation to particular study or training (the “agreed study or training”).
(2) The employee must inform the employer if the employee—
(a) fails to start the agreed study or training;
(b) fails to complete the agreed study or training;
(c) undertakes, or proposes to undertake, study or training that differs from the agreed study or training in any respect (including those specified in section 63E(4)(a)).
(3) The Secretary of State may make regulations about the way in which the employee is to comply with the duty under subsection (2).
(1) An employee who makes a section 63D application may present a complaint to an employment tribunal that—
(a) the employer has failed to comply with section 63F(4), (5) or (6), or
(b) the employer's decision to refuse the application, or part of it, is based on incorrect facts.
This is subject to the following provisions of this section.
(2) No complaint under this section may be made in respect of a section 63D application which has been disposed of by agreement or withdrawn.
(3) In the case of a section 63D application that has not been disposed of by agreement or withdrawn, a complaint under this section may only be made if the employer—
(a) notifies the employee of a decision to refuse the application (or part of it) on appeal, or
(b) commits a breach of regulations under section 63F(4), where the breach is of a description specified by the Secretary of State in regulations.
(4) No complaint under this section may be made in respect of failure to comply with provision included in regulations under section 63F(4) because of—
(a) section 63G(1)(a) or (b), if provision is included in regulations under section 63F(4) by virtue of section 63G(1)(d), or
(b) section 63G(1)(c).
(5) An employment tribunal may not consider a complaint under this section unless the complaint is presented—
(a) before the end of the period of six months beginning with the relevant date, or
(b) within any further period that the tribunal considers reasonable, if the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of six months.
(6) The relevant date is—
(a) in the case of a complaint permitted by subsection (3)(a), the date on which the employee is notified of the decision on the appeal;
(b) in the case of a complaint permitted by subsection (3)(b), the date on which the breach was committed.
(7) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies to subsection (5)(a).
(1) If an employment tribunal finds a complaint under section 63I well-founded it must make a declaration to that effect and may—
(a) make an order for reconsideration of the section 63D application;
(b) make an award of compensation to be paid by the employer to the employee.
(2) The amount of any compensation must be the amount the tribunal considers just and equitable in all the circumstances, but must not exceed the permitted maximum.
(3) The permitted maximum is the number of weeks' pay specified by the Secretary of State in regulations.
(4) If an employment tribunal makes an order under subsection (1)(a), section 63F and regulations under that section apply as if the application had been received on the date of the order (instead of on the date it was actually received).
64 Right to remuneration on suspension on medical grounds.
(1) An employee who is suspended from work by his employer on medical grounds is entitled to be paid by his employer remuneration while he is so suspended for a period not exceeding twenty-six weeks.
(2) For the purposes of this Part an employee is suspended from work on medical grounds if he is suspended from work in consequence of—
(a) a requirement imposed by or under a provision of an enactment or of an instrument made under an enactment, or
(b) a recommendation in a provision of a code of practice issued or approved under section 16 of the Health and Safety at Work etc. Act 1974,
and the provision is for the time being specified in subsection (3).
(3) The provisions referred to in subsection (2) are—
Regulation 16 of the Control of Lead at Work Regulations 1980,
Regulation 25 of the Ionising Radiations Regulation 2017 [SI 2017/1075] , and
Regulation 11 of the Control of Substances Hazardous to Health Regulations 1988.
(4) The Secretary of State may by order add provisions to or remove provisions from the list of provisions specified in subsection (3).
(5) For the purposes of this Part an employee shall be regarded as suspended from work on medical grounds only if and for so long as he—
(a) continues to be employed by his employer, but
(b) is not provided with work or does not perform the work he normally performed before the suspension.
(1) An employee is not entitled to remuneration under section 64 unless he has been continuously employed for a period of not less than one month ending with the day before that on which the suspension begins.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) An employee is not entitled to remuneration under section 64 in respect of any period during which he is incapable of work by reason of disease or bodily or mental disablement.
(4) An employee is not entitled to remuneration under section 64 in respect of any period if—
(a) his employer has offered to provide him with suitable alternative work during the period (whether or not it is work which the employee is under his contract, or was under the contract in force before the suspension, employed to perform) and the employee has unreasonably refused to perform that work, or
(b) he does not comply with reasonable requirements imposed by his employer with a view to ensuring that his services are available.
(1) For the purposes of this Part an employee is suspended from work on maternity grounds if, in consequence of any relevant requirement or relevant recommendation, she is suspended from work by her employer on the ground that she is pregnant, has recently given birth or is breastfeeding a child.
(2) In subsection (1)—
“relevant requirement” means a requirement imposed by or under a specified provision of an enactment or of an instrument made under an enactment, and
“relevant recommendation” means a recommendation in a specified provision of a code of practice issued or approved under section 16 of the Health and Safety at Work etc. Act 1974;
and in this subsection “specified provision” means a provision for the time being specified in an order made by the Secretary of State under this subsection.
(3) For the purposes of this Part an employee shall be regarded as suspended from work on maternity grounds only if and for so long as she—
(a) continues to be employed by her employer, but
(b) is not provided with work or (disregarding alternative work for the purposes of section 67) does not perform the work she normally performed before the suspension.
(1) Where an employer has available suitable alternative work for an employee, the employee has a right to be offered to be provided with the alternative work before being suspended from work on maternity grounds.
(2) For alternative work to be suitable for an employee for the purposes of this section—
(a) the work must be of a kind which is both suitable in relation to her and appropriate for her to do in the circumstances, and
(b) the terms and conditions applicable to her for performing the work, if they differ from the corresponding terms and conditions applicable to her for performing the work she normally performs under her contract of employment, must not be substantially less favourable to her than those corresponding terms and conditions.
(1) An employee who is suspended from work on maternity grounds is entitled to be paid remuneration by her employer while she is so suspended.
(2) An employee is not entitled to remuneration under this section in respect of any period if—
(a) her employer has offered to provide her during the period with work which is suitable alternative work for her for the purposes of section 67, and
(b) the employee has unreasonably refused to perform that work.
68A Meaning of ending the supply of an agency worker on maternity grounds
(1) For the purposes of this Part the supply of an agency worker to a hirer is ended on maternity grounds if, in consequence of action taken pursuant to a provision listed in subsection (2), the supply of the agency worker to the hirer is ended on the ground that she is pregnant, has recently given birth or is breastfeeding a child. (2) The provisions are—
(a) regulations 8(3) or 9(2) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997;
(b) regulation 16A(2) or 17A of the Management of Health and Safety at Work Regulations 1999; or
(c) regulation 20 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
(1) Where the supply of an agency worker to a hirer is ended on maternity grounds and the temporary work agency has available suitable alternative work, the agency worker has a right to be offered to be proposed for such alternative work. (2) For alternative work to be suitable for an agency worker for the purposes of this section—
(a) the work must be of a kind which is both suitable in relation to her and appropriate for her to do in the circumstances, and
(b) the terms and conditions applicable to her whilst performing the work, if they differ from the corresponding terms and conditions which would have applied to her but for the fact that the supply of the agency worker to the hirer was ended on maternity grounds, must not be substantially less favourable to her than those corresponding terms and conditions.
(3) Subsection (1) does not apply—
(a) where the agency worker has confirmed in writing that she no longer requires the work-finding services of the temporary work agency, or
(b) beyond the original intended duration, or likely duration, whichever is the longer, of the assignment which ended when the supply of the agency worker to the hirer was ended on maternity grounds.
(1) Where the supply of an agency worker to a hirer is ended on maternity grounds, that agency worker is entitled to be paid remuneration by the temporary work agency. (2) An agency worker is not entitled to remuneration under this section in respect of any period if—
(a) the temporary work agency has—
(i) offered to propose the agency worker to a hirer that has alternative work available which is suitable alternative work for her for the purposes of section 68B, or
(ii) proposed the agency worker to a hirer that has such suitable alternative work available, and that hirer has agreed to the supply of that agency worker, and
(b) the agency worker has unreasonably refused that offer or to perform that work.
(3) Nothing in this section imposes a duty on the temporary work agency to pay remuneration beyond the original intended duration, or likely duration, whichever is the longer, of the assignment which ended when the supply of the agency worker to the hirer was ended on maternity grounds.
(1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law sections 68A, 68B and 68C 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 66 to 68 apply. (4) In this section and sections 68A to 68C the following have the same meaning as in the Agency Workers Regulations 2010—
“agency worker”
“assignment”;
“hirer”;
“qualifying period”;
“temporary work agency”.
(1) The amount of remuneration payable by an employer to an employee under section 64 or 68 is a week’s pay in respect of each week of the period of suspension; and if in any week remuneration is payable in respect of only part of that week the amount of a week’s pay shall be reduced proportionately.
(2) A right to remuneration under section 64 or 68 does not affect any right of an employee in relation to remuneration under the employee’s contract of employment (“contractual remuneration”).
(3) Any contractual remuneration paid by an employer to an employee in respect of any period goes towards discharging the employer’s liability under section 64 or 68 in respect of that period; and, conversely, any payment of remuneration in discharge of an employer’s liability under section 64 or 68 in respect of any period goes towards discharging any obligation of the employer to pay contractual remuneration in respect of that period.
(1) The amount of remuneration payable by a temporary work agency to an agency worker under section 68C is a week's pay in respect of each week for which remuneration is payable in accordance with section 68C; and if in any week remuneration is payable in respect of only part of that week the amount of a week's pay shall be reduced proportionately.
(2) A right to remuneration under section 68C does not affect any right of the agency worker in relation to remuneration under the contract with the temporary work agency (“contractual remuneration”).
(3) Any contractual remuneration paid by the temporary work agency to an agency worker in respect of any period goes towards discharging the temporary work agency's liability under section 68C in respect of that period; and, conversely, any payment of remuneration in discharge of a temporary work agency's liability under section 68C in respect of any period goes towards discharging any obligation of the temporary work agency to pay contractual remuneration in respect of that period.
(4) For the purposes of subsection (1), a week's pay is the weekly amount that would have been payable to the agency worker for performing the work, according to the terms of the contract with the temporary work agency, but for the fact that the supply of the agency worker to the hirer was ended on maternity grounds.
(5) Expressions used in this section and sections 68A to 68C have the same meaning as in those sections (see section 68D).
(1) An employee may present a complaint to an employment tribunal that his or her employer has failed to pay the whole or any part of remuneration to which the employee is entitled under section 64 or 68.
(2) An employment tribunal shall not consider a complaint under subsection (1) relating to remuneration in respect of any day unless it is presented—
(a) before the end of the period of six months beginning with that day, 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 within that period of six months.
(3) Where an employment tribunal finds a complaint under subsection (1) well-founded, the tribunal shall order the employer to pay the employee the amount of remuneration which it finds is due to him or her.
(4) An employee may present a complaint to an employment tribunal that in contravention of section 67 her employer has failed to offer to provide her with work.
(5) An employment tribunal shall not consider a complaint under subsection (4) unless it is presented—
(a) before the end of the period of six months beginning with the first day of the suspension, 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 within that period of six months.
(6) Where an employment tribunal finds a complaint under subsection (4) well-founded, the tribunal may make an award of compensation to be paid by the employer to the employee.
(7) The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—
(a) the infringement of the employee’s right under section 67 by the failure on the part of the employer to which the complaint relates, and
(b) any loss sustained by the employee which is attributable to that failure.
(8) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (2)(a) and (5)(a).
70A Complaints to employment tribunals: agency workers
(1) An agency worker may present a complaint to an employment tribunal that the temporary work agency has failed to pay the whole or any part of remuneration to which the agency worker is entitled under section 68C.
(2) An employment tribunal shall not consider a complaint under subsection (1) relating to remuneration in respect of any day unless it is presented—
(a) before the end of the period of six months beginning with the day on which the supply of the agency worker to a hirer was ended on maternity grounds, 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 within that period of six months.
(3) Where an employment tribunal finds a complaint under subsection (1) well-founded, the tribunal shall order the temporary work agency to pay the agency worker the amount of remuneration which it finds is due to her.
(4) An agency worker may present a complaint to an employment tribunal that in contravention of section 68B the temporary work agency has failed to offer to propose the agency worker to a hirer that has suitable alternative work available.
(5) An employment tribunal shall not consider a complaint under subsection (4) unless it is presented—
(a) before the end of the period of six months beginning with the day on which the supply of the agency worker to a hirer was ended on maternity grounds, 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 within that period of six months.
(6) Where an employment tribunal finds a complaint under subsection (4) well-founded, the tribunal shall order the temporary work agency to pay the agency worker the amount of compensation which it finds is due to her.
(7) The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—
(a) the infringement of the agency worker's right under section 68B by the failure on the part of the temporary work agency to which the complaint relates, and
(b) any loss sustained by the agency worker which is attributable to that failure.
(7A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (2)(a) and (5)(a).
(8) Expressions used in this section and sections 68A to 68C have the same meaning as in those sections (see section 68D).
(1) An employee may, provided that she satisfies any conditions which may be prescribed, be absent from work at any time during an ordinary maternity leave period.
(2) An ordinary maternity leave period is a period calculated in accordance with regulations made by the Secretary of State.
(3) Regulations under subsection (2)—
(a) shall secure that, where an employee has a right to leave under this section, she is entitled to an ordinary maternity leave period of at least 26 weeks;
(b) may allow an employee to choose, subject to prescribed restrictions, the date on which an ordinary maternity leave period starts;
(ba) may allow an employee to bring forward the date on which an ordinary maternity leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions;
(bb) may allow an employee in prescribed circumstances to revoke, or to be treated as revoking, the bringing forward of that date;
(c) may specify circumstances in which an employee may work for her employer during an ordinary maternity leave period without bringing the period to an end.
(3A) Provision under subsection (3)(ba) is to secure that an employee may bring forward the date on which an ordinary maternity leave period ends only if the employee or another person has taken, or is taking, prescribed steps as regards leave under section 75E or statutory shared parental pay in respect of the child.
(4) Subject to section 74, an employee who exercises her right under subsection (1)—
(a) is entitled , for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if she had not been absent,
(b) is bound , for such purposes and to such extent as may be prescribed by any obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1)), and
(c) is entitled to return from leave to a job of a prescribed kind.
(5) In subsection (4)(a) “terms and conditions of employment”—
(a) includes matters connected with an employee’s employment whether or not they arise under her contract of employment, but
(b) does not include terms and conditions about remuneration.
(6) The Secretary of State may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this section.
(7) The Secretary of State may make regulations making provision, in relation to the right to return under subsection (4)(c) above, about—
(a) seniority, pension rights and similar rights;
(b) terms and conditions of employment on return.
(1) An employer shall not permit an employee who satisfies prescribed conditions to work during a compulsory maternity leave period.
(2) A compulsory maternity leave period is a period calculated in accordance with regulations made by the Secretary of State.
(3) Regulations under subsection (2) shall secure—
(a) that no compulsory leave period is less than two weeks, and
(b) that every compulsory maternity leave period falls within an ordinary maternity leave period.
(4) Subject to subsection (5), any provision of or made under the Health and Safety at Work etc. Act 1974 shall apply in relation to the prohibition under subsection (1) as if it were imposed by regulations under section 15 of that Act.
(5) Section 33(1)(c) of the 1974 Act shall not apply in relation to the prohibition under subsection (1); and an employer who contravenes that subsection shall be—
(a) guilty of an offence, and
(b) liable on summary conviction to a fine not exceeding level 2 on the standard scale.