(1) Regulations under section 80J must provide—
(a) that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied but for the absence,
(b) that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and
(c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80L.
(2) Regulations under section 80J may provide that where provision made by or under Part 8 provides for a reference to absence on leave under a section of that Part to include a reference to a continuous period of absence attributable—
(a) partly to leave under that section of Part 8, and
(b) partly to leave under another section of that Part,
absence attributable to leave under section 80J is to be ignored in any determination of the continuity or duration of such a period.
(3) In subsection (1)(a), “terms and conditions of employment”—
(a) includes matters connected with an employee’s employment whether or not they arise under the contract of employment, but
(b) does not include terms and conditions about remuneration.
(4) Regulations under section 80J may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.
(5) Regulations under section 80J may make provision, in relation to the right to return mentioned in subsection (1)(c), about—
(a) seniority, pension rights and similar rights;
(b) terms and conditions of employment on return.
(1) Regulations under section 80J may make provision about—
(a) redundancy during or after a period of leave under that section;
(b) dismissal (other than by reason of redundancy) during a period of leave under that section.
(2) Provision by virtue of subsection (1) may include provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10).
(1) Regulations under section 80J may—
(a) make provision about notices to be given and other procedures to be followed by employees and employers;
(b) make provision requiring employers or employees to keep records;
(c) make provision for the consequences of failure to give notices, to keep records or to comply with other procedural requirements;
(d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);
(e) make provision about the postponement by an employer of a period of leave under section 80J;
(f) make special provision for cases where an employee has a right which corresponds to a right under section 80J and which arises under the person’s contract of employment or otherwise;
(g) 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 on leave under section 80J;
(h) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 80J;
(i) make different provision for different cases or circumstances;
(j) make consequential provision.
(2) Provision under subsection (1)(a) may, in particular, provide that an employer cannot require an employee to supply evidence in relation to a request for leave under section 80J before granting that leave.
(3) Provision under subsection (1)(i) may, in particular, provide for the meaning of “a week’s leave” in section 80J(4) to be determined by reference to the number of days normally worked, or required to be worked, by an employee in a particular period.
(4) The cases or circumstances mentioned in subsection (1)(i) include an employee providing or arranging care for more than one dependant during any period of 12 months; and regulations may, in particular, make special provision regarding the applicability and extent of the entitlement to leave in such circumstances.
(1) An employee may complain to an employment tribunal that their employer—
(a) has unreasonably postponed a period of carer’s leave, or
(b) has prevented or attempted to prevent the employee from taking carer’s leave.
(2) The tribunal must not consider the complaint unless it is made—
(a) before the end of the period of six months beginning with the date (or last date) of the matter complained of, 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 made before the end of that period of six months.
(3) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).
(4) The tribunal, if satisfied that an employer has acted as described in subsection (1)(a) or (b)—
(a) must make a declaration to that effect, and
(b) may award compensation to be paid by the employer to the employee.
(5) The amount of any compensation must be the amount the tribunal considers just and equitable in all the circumstances, including—
(a) the employer’s behaviour, and
(b) any consequential loss sustained by the employee.
86 Rights of employer and employee to minimum notice.
(1) The notice required to be given by an employer to terminate the contract of employment of a person who has been continuously employed for one month or more—
(a) is not less than one week’s notice if his period of continuous employment is less than two years,
(b) is not less than one week’s notice for each year of continuous employment if his period of continuous employment is two years or more but less than twelve years, and
(c) is not less than twelve weeks’ notice if his period of continuous employment is twelve years or more.
(2) The notice required to be given by an employee who has been continuously employed for one month or more to terminate his contract of employment is not less than one week.
(3) Any provision for shorter notice in any contract of employment with a person who has been continuously employed for one month or more has effect subject to subsections (1) and (2); but this section does not prevent either party from waiving his right to notice on any occasion or from accepting a payment in lieu of notice.
(4) Any contract of employment of a person who has been continuously employed for three months or more which is a contract for a term certain of one month or less shall have effect as if it were for an indefinite period; and, accordingly, subsections (1) and (2) apply to the contract.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) This section does not affect any right of either party to a contract of employment to treat the contract as terminable without notice by reason of the conduct of the other party.
(1) If an employer gives notice to terminate the contract of employment of a person who has been continuously employed for one month or more, the provisions of sections 88 to 91 have effect as respects the liability of the employer for the period of notice required by section 86(1).
(2) If an employee who has been continuously employed for one month or more gives notice to terminate his contract of employment, the provisions of sections 88 to 91 have effect as respects the liability of the employer for the period of notice required by section 86(2).
(3) In sections 88 to 91 “period of notice” means—
(a) where notice is given by an employer, the period of notice required by section 86(1), and
(b) where notice is given by an employee, the period of notice required by section 86(2).
(4) This section does not apply in relation to a notice given by the employer or the employee if the notice to be given by the employer to terminate the contract must be at least one week more than the notice required by section 86(1).
(1) If an employee has normal working hours under the contract of employment in force during the period of notice and during any part of those normal working hours—
(a) the employee is ready and willing to work but no work is provided for him by his employer,
(b) the employee is incapable of work because of sickness or injury,
(c) the employee is absent from work wholly or partly because of pregnancy or childbirth or on adoption leave, shared parental leave, carer’s leave, parental bereavement leave, neonatal care leave, parental leave or paternity leave, or
(d) the employee is absent from work in accordance with the terms of his employment relating to holidays,
the employer is liable to pay the employee for the part of normal working hours covered by any of paragraphs (a), (b), (c) and (d) a sum not less than the amount of remuneration for that part of normal working hours calculated at the average hourly rate of remuneration produced by dividing a week’s pay by the number of normal working hours.
(2) Any payments made to the employee by his employer in respect of the relevant part of the period of notice (whether by way of sick pay, statutory sick pay, maternity pay, statutory maternity pay, paternity pay, statutory paternity pay, adoption pay, statutory adoption pay, shared parental pay, statutory shared parental pay, parental bereavement pay, statutory parental bereavement pay, neonatal care pay, statutory neonatal care pay, holiday pay or otherwise) go towards meeting the employer’s liability under this section.
(3) Where notice was given by the employee, the employer’s liability under this section does not arise unless and until the employee leaves the service of the employer in pursuance of the notice.
(1) If an employee does not have normal working hours under the contract of employment in force in the period of notice, the employer is liable to pay the employee for each week of the period of notice a sum not less than a week’s pay.
(2) The employer’s liability under this section is conditional on the employee being ready and willing to do work of a reasonable nature and amount to earn a week’s pay.
(3) Subsection (2) does not apply—
(a) in respect of any period during which the employee is incapable of work because of sickness or injury,
(b) in respect of any period during which the employee is absent from work wholly or partly because of pregnancy or childbirth or on adoption leave, shared parental leave, carer’s leave, parental bereavement leave, neonatal care leave, parental leave or paternity leave, or
(c) in respect of any period during which the employee is absent from work in accordance with the terms of his employment relating to holidays.
(4) Any payment made to an employee by his employer in respect of a period within subsection (3) (whether by way of sick pay, statutory sick pay, maternity pay, statutory maternity pay, paternity pay, statutory paternity pay, adoption pay, statutory adoption pay, shared parental pay, statutory shared parental pay, parental bereavement pay, statutory parental bereavement pay, neonatal care pay, statutory neonatal care pay, holiday pay or otherwise) shall be taken into account for the purposes of this section as if it were remuneration paid by the employer in respect of that period.
(5) Where notice was given by the employee, the employer’s liability under this section does not arise unless and until the employee leaves the service of the employer in pursuance of the notice.
90 Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
(1) This section has effect where the arrangements in force relating to the employment are such that—
(a) payments by way of sick pay are made by the employer to employees to whom the arrangements apply, in cases where any such employees are incapable of work because of sickness or injury, and
(b) in calculating any payment so made to any such employee an amount representing, or treated as representing, short-term incapacity benefit , contributory employment and support allowance or industrial injury benefit is taken into account, whether by way of deduction or by way of calculating the payment as a supplement to that amount.
(2) If—
(a) during any part of the period of notice the employee is incapable of work because of sickness or injury,
(b) one or more payments by way of sick pay are made to him by the employer in respect of that part of the period of notice, and
(c) in calculating any such payment such an amount as is referred to in paragraph (b) of subsection (1) is taken into account as mentioned in that paragraph,
for the purposes of section 88 or 89 the amount so taken into account shall be treated as having been paid by the employer to the employee by way of sick pay in respect of that part of that period, and shall go towards meeting the liability of the employer under that section accordingly.
(1) An employer is not liable under section 88 or 89 to make any payment in respect of a period during which an employee is absent from work with the leave of the employer granted at the request of the employee, including any period of time off taken in accordance with—
(a) Part VI of this Act, or
(b) section 168 or 170 of the Trade Union and Labour Relations (Consolidation) Act 1992 (trade union duties and activities).
(2) No payment is due under section 88 or 89 in consequence of a notice to terminate a contract given by an employee if, after the notice is given and on or before the termination of the contract, the employee takes part in a strike of employees of the employer.
(3) If, during the period of notice, the employer breaks the contract of employment, payments received under section 88 or 89 in respect of the part of the period after the breach go towards mitigating the damages recoverable by the employee for loss of earnings in that part of the period of notice.
(4) If, during the period of notice, the employee breaks the contract and the employer rightfully treats the breach as terminating the contract, no payment is due to the employee under section 88 or 89 in respect of the part of the period falling after the termination of the contract.
(5) If an employer fails to give the notice required by section 86, the rights conferred by sections 87 to 90 and this section shall be taken into account in assessing his liability for breach of the contract.
(6) Sections 86 to 90 and this section apply in relation to a contract all or any of the terms of which are terms which take effect by virtue of any provision contained in or having effect under an Act (whether public or local) as in relation to any other contract; and the reference in this subsection to an Act includes, subject to any express provision to the contrary, an Act passed after this Act.
92 Right to written statement of reasons for dismissal.
(1) An employee is entitled to be provided by his employer with a written statement giving particulars of the reasons for the employee’s dismissal—
(a) if the employee is given by the employer notice of termination of his contract of employment,
(b) if the employee’s contract of employment is terminated by the employer without notice, or
(c) if the employee is employed under a limited-term contract and the contract terminates by virtue of the limiting event without being renewed under the same contract.
(2) Subject to subsections (4) and (4A) , an employee is entitled to a written statement under this section only if he makes a request for one; and a statement shall be provided within fourteen days of such a request.
(3) Subject to subsections (4) and (4A) , an employee is not entitled to a written statement under this section unless on the effective date of termination he has been, or will have been, continuously employed for a period of not less than two years ending with that date.
(4) An employee is entitled to a written statement under this section without having to request it and irrespective of whether she has been continuously employed for any period if she is dismissed—
(a) at any time while she is pregnant, or
(b) after childbirth in circumstances in which her ordinary or additional maternity leave period ends by reason of the dismissal.
(4A) An employee who is dismissed while absent from work during an ordinary or additional adoption leave period is entitled to a written statement under this section without having to request it and irrespective of whether he has been continuously employed for any period if he is dismissed in circumstances in which that period ends by reason of the dismissal.
(5) A written statement under this section is admissible in evidence in any proceedings.
(6) Subject to subsection (7), in this section “the effective date of termination”—
(a) in relation to an employee whose contract of employment is terminated by notice, means the date on which the notice expires,
(b) in relation to an employee whose contract of employment is terminated without notice, means the date on which the termination takes effect, and
(c) in relation to an employee who is employed under a limited-term contract which terminates by virtue of the limiting event without being renewed under the same contract, means the date on which the termination takes effect.
(7) Where—
(a) the contract of employment is terminated by the employer, and
(b) the notice required by section 86 to be given by an employer would, if duly given on the material date, expire on a date later than the effective date of termination (as defined by subsection (6)),
the later date is the effective date of termination.
(8) In subsection (7)(b) “the material date” means—
(a) the date when notice of termination was given by the employer, or
(b) where no notice was given, the date when the contract of employment was terminated by the employer.
(1) A complaint may be presented to an employment tribunal by an employee on the ground that—
(a) the employer unreasonably failed to provide a written statement under section 92, or
(b) the particulars of reasons given in purported compliance with that section are inadequate or untrue.
(2) Where an employment tribunal finds a complaint under this section well-founded, the tribunal—
(a) may make a declaration as to what it finds the employer’s reasons were for dismissing the employee, and
(b) shall make an award that the employer pay to the employee a sum equal to the amount of two weeks’ pay.
(3) An employment tribunal shall not consider a complaint under this section relating to the reasons for a dismissal unless it is presented to the tribunal at such a time that the tribunal would, in accordance with section 111, consider a complaint of unfair dismissal in respect of that dismissal presented at the same time.
(1) An employee has the right not to be unfairly dismissed by his employer.
(2) Subsection (1) has effect subject to the following provisions of this Part (in particular sections 108 to 110) and to the provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 (in particular sections 237 to 239).
95 Circumstances in which an employee is dismissed.
(1) For the purposes of this Part an employee is dismissed by his employer if (and, subject to subsection (2) . . . , only if)—
(a) the contract under which he is employed is terminated by the employer (whether with or without notice),
(b) he is employed under a limited-term contract and that contract terminates by virtue of the limiting event without being renewed under the same contract, or
(c) the employee terminates the contract under which he is employed (with or without notice) in circumstances in which he is entitled to terminate it without notice by reason of the employer’s conduct.
(2) An employee shall be taken to be dismissed by his employer for the purposes of this Part if—
(a) the employer gives notice to the employee to terminate his contract of employment, and
(b) at a time within the period of that notice the employee gives notice to the employer to terminate the contract of employment on a date earlier than the date on which the employer’s notice is due to expire;
and the reason for the dismissal is to be taken to be the reason for which the employer’s notice is given.
(1) Subject to the following provisions of this section, in this Part “the effective date of termination”—
(a) in relation to an employee whose contract of employment is terminated by notice, whether given by his employer or by the employee, means the date on which the notice expires,
(b) in relation to an employee whose contract of employment is terminated without notice, means the date on which the termination takes effect, and
(c) in relation to an employee who is employed under a limited-term contract which terminates by virtue of the limiting event without being renewed under the same contract, means the date on which the termination takes effect.
(2) Where—
(a) the contract of employment is terminated by the employer, and
(b) the notice required by section 86 to be given by an employer would, if duly given on the material date, expire on a date later than the effective date of termination (as defined by subsection (1)),
for the purposes of sections 108(1), 119(1) and 227(3) the later date is the effective date of termination.
(3) In subsection (2)(b) “the material date” means—
(a) the date when notice of termination was given by the employer, or
(b) where no notice was given, the date when the contract of employment was terminated by the employer.
(4) Where—
(a) the contract of employment is terminated by the employee,
(b) the material date does not fall during a period of notice given by the employer to terminate that contract, and
(c) had the contract been terminated not by the employee but by notice given on the material date by the employer, that notice would have been required by section 86 to expire on a date later than the effective date of termination (as defined by subsection (1)),
for the purposes of sections 108(1), 119(1) and 227(3) the later date is the effective date of termination.
(5) In subsection (4) “the material date” means—
(a) the date when notice of termination was given by the employee, or
(b) where no notice was given, the date when the contract of employment was terminated by the employee.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) In determining for the purposes of this Part whether the dismissal of an employee is fair or unfair, it is for the employer to show—
(a) the reason (or, if more than one, the principal reason) for the dismissal, and
(b) that it is either a reason falling within subsection (2) or some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held.
(2) A reason falls within this subsection if it—
(a) relates to the capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do,
(b) relates to the conduct of the employee,
(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) is that the employee was redundant, or
(d) is that the employee could not continue to work in the position which he held without contravention (either on his part or on that of his employer) of a duty or restriction imposed by or under an enactment.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In subsection (2)(a)—
(a) “capability”, in relation to an employee, means his capability assessed by reference to skill, aptitude, health or any other physical or mental quality, and
(b) “qualifications”, in relation to an employee, means any degree, diploma or other academic, technical or professional qualification relevant to the position which he held.
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where the employer has fulfilled the requirements of subsection (1), the determination of the question whether the dismissal is fair or unfair (having regard to the reason shown by the employer)—
(a) depends on whether in the circumstances (including the size and administrative resources of the employer’s undertaking) the employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee, and
(b) shall be determined in accordance with equity and the substantial merits of the case.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Subsection (4)is subject to—
(a) sections 98A to 107 of this Act, and
(b) sections 152, 153 , 238 and 238A of the Trade Union and Labour Relations (Consolidation) Act 1992 (dismissal on ground of trade union membership or activities or in connection with industrial action).
(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—
(a) has been summoned under the Juries Act 1974, Part 1 of the Coroners and Justice Act 2009, the Court of Session Act 1988 or the Criminal Procedure (Scotland) Act 1995 to attend for service as a juror, or
(b) has been absent from work because he attended at any place in pursuance of being so summoned.
(2) Subsection (1) does not apply in relation to an employee who is dismissed if the employer shows—
(a) that the circumstances were such that the employee’s absence in pursuance of being so summoned was likely to cause substantial injury to the employer’s undertaking,
(b) that the employer brought those circumstances to the attention of the employee,
(c) that the employee refused or failed to apply to the appropriate officer for excusal from or a deferral of the obligation to attend in pursuance of being so summoned, and
(d) that the refusal or failure was not reasonable.
(3) In paragraph (c) of subsection (2) “ the appropriate officer ” means—
(a) in the case of a person who has been summoned under the Juries Act 1974, the officer designated for the purposes of section 8, 9 or, as the case may be, 9A of that Act;
(b) in the case of a person who has been summoned under the Coroners Act 1988, a person who is the appropriate officer for the purposes of any rules made under subsection (1) of section 32 of that Act by virtue of subsection (2) of that section;
(c) in the case of a person who has been summoned under the Court of Session Act 1988, either—
(i) the clerk of court issuing the citation to attend for jury service; or
(ii) the clerk of the court before which the person is cited to attend for jury service;
(d) in the case of a person who has been summoned under the Criminal Procedure (Scotland) Act 1995, either—
(i) the clerk of court issuing the citation to attend for jury service; or
(ii) the clerk of the court before which the person has been cited to attend for jury service;
and references in that paragraph to a refusal or failure to apply include references to a refusal or failure to give a notice under section 1(2)(b) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980.
(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if—
(a) the reason or principal reason for the dismissal is of a prescribed kind, or
(b) the dismissal takes place in prescribed circumstances.
(2) In this section “ prescribed ” means prescribed by regulations made by the Secretary of State.
(3) A reason or set of circumstances prescribed under this section must relate 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;
and it may also relate to redundancy or other factors.
(4) A reason or set of circumstances prescribed under subsection (1) satisfies subsection (3)(c) or (d) if it relates to action which an employee—
(a) takes,
(b) agrees to take, or
(c) refuses to take,
under or in respect of a collective or workforce agreement which deals with parental leave.
(5) Regulations under this section may—
(a) make different provision for different cases or circumstances;
(b) apply any enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to persons regarded as unfairly dismissed by reason of this section.
(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is 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,
(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) in circumstances of danger which the employee reasonably believed to be serious and imminent and which he could not reasonably have been expected to avert, he left (or proposed to leave) or (while the danger persisted) refused to return to his place of work or any dangerous part of his place of work, or
(e) in circumstances of danger which the employee reasonably believed to be serious and imminent, he took (or proposed to take) appropriate steps to protect himself or other persons from the danger.
(2) For the purposes of subsection (1)(e) whether steps which an employee 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) Where the reason (or, if more than one, the principal reason) for the dismissal of an employee is that specified in subsection (1)(e), he shall not be regarded as unfairly dismissed if the employer shows that it was (or would have been) so negligent for the employee to take the steps which he took (or proposed to take) that a reasonable employer might have dismissed him for taking (or proposing to take) them.
101 Shop workers and betting workers who refuse Sunday work.
(1) Where 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,
is dismissed, he shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that he 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 in relation to an opted-out shop worker or an opted-out betting worker where the reason (or principal reason) for the dismissal is 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) A shop worker or betting worker who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the shop worker or betting worker gave (or proposed to give) an opting-out notice to the employer.
(4) For the purposes of section 36(2)(b) or 41(1)(b), the appropriate date in relation to this section is the effective date of termination.
101ZA Shop workers who refuse to work additional hours on Sunday
(1) Subsection (2) applies where a shop worker has given an objection notice that has not been withdrawn and he or she is dismissed.
(2) The shop worker is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or the principal reason) for the dismissal is that he or she 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 where the reason (or principal reason) for the dismissal is 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 who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or principal reason) for the dismissal is that the worker gave (or proposed to give) an objection notice to the employer.
(5) In this section—
“additional hours” and “objection notice” have the meanings given by section 41A(2);
“relevant period” means the period determined by section 43ZA(2) (but subject to section 41D(3)).
1 An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—
(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, or
(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.
(2) A reference in this section to the Working Time Regulations 1998 includes a reference to
(a) the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003.
(b) the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.
(c) the Cross-border Railway Services (Working Time) Regulations 2008
(d) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58).
(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is 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.
(1A) 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).
(2) In this section “relevant occupational pension scheme” means an occupational pension scheme (as defined in section 1 of the Pension Schemes Act 1993) established under a trust.
(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee, 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,
performed (or proposed to perform) any functions or activities as such an employee representative or candidate.
(2) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee took part 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 .
An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee made a protected disclosure.
(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—
(a) brought proceedings against the employer to enforce a right of his which is a relevant statutory right, or
(b) alleged that the employer had infringed a right of his which is a relevant statutory right.
(2) It is immaterial for the purposes of subsection (1)—
(a) whether or not the employee has the right, or
(b) whether or not the right has been infringed;
but, for that subsection 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) to apply that the employee, without specifying the right, made it reasonably clear to the employer what the right claimed to have been infringed was.
(4) The following are relevant statutory rights for the purposes of this section—
(a) any right conferred by this Act for which the remedy for its infringement is by way of a complaint or reference to an employment tribunal,
(b) the right conferred by section 86 of this Act, . . .
(c) the rights conferred by sections 68, 86, 145A, 145B, 146, 168, 168A, 168B, 169 , 170 and 236A of the Trade Union and Labour Relations (Consolidation) Act 1992 (deductions from pay, union activities and time off) ...
(d) the rights conferred by the Working Time Regulations 1998, the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58), the Merchant Shipping (Working Time: Inland Waterway) Regulations 2003 , the Fishing Vessels (Working Time: Sea-fisherman) Regulations 2004 or the Cross-border Railway Services (Working Time) Regulations 2008. , and
(e) the rights conferred by the Transfer of Undertakings (Protection of Employment) Regulations 2006.
(5) In this section any reference to an employer includes, where the right in question is conferred by section 63A, the principal (within the meaning of section 63A(3)).
(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is 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 of the employee’s to which this section applies; or
(b) the employer was prosecuted for an offence under section 31 of the National Minimum Wage Act 1998 as a result of action taken by or on behalf of the employee for the purpose of enforcing, or otherwise securing the benefit of, a right of the employee’s to which this section applies; or
(c) the employee qualifies, or will or might qualify, for the national minimum wage or for a particular rate of national minimum wage.
(2) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above—
(a) whether or not the employee has the right, or
(b) whether or not the right has been infringed,
but, for that subsection to apply, the claim to the right and, if applicable, the claim that it has been infringed must be made in good faith.
(3) The following are the rights to which this section applies—
(a) any right conferred by, or by virtue of, any provision of the National Minimum Wage Act 1998 for which the remedy for its infringement is by way of a complaint to an employment tribunal; and
(b) any right conferred by section 17 of the National Minimum Wage Act 1998 (worker receiving less than national minimum wage entitled to additional remuneration).
(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is 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.
An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is 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.
(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that—
(a) any action was taken, or was proposed to be taken, with a view to enforcing in favour of the employee a requirement to which this section applies;
(b) the employer was prosecuted for an offence under section 45 of the Pensions Act 2008 as a result of action taken for the purpose of enforcing in favour of the employee a requirement to which this section applies; or
(c) any provision of Chapter 1 of that Part of that Act applies to the employee, or will or might apply.
(2) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above—
(a) whether or not the requirement applies in favour of the employee, or
(b) whether or not the requirement has been contravened,
but, for that subsection to apply, the claim that the requirement applies and, if applicable, the claim that it has been contravened must be made in good faith.
(3) This section applies to any requirement imposed on the employer by or under any provision of Chapter 1 of Part 1 of the Pensions Act 2008.
(4) In this section references to enforcing a requirement include references to securing its benefit in any way.