Home
Law library
Legislation
Employment Rights Act 1996

Employment Rights Act 1996

1996 c.18 · 425 provisions

An Act to consolidate enactments relating to employment rights.

Part I: Employment particulars

Section 1: Statement of initial employment particulars.
Section 2: Statement of initial particulars: supplementary.
Section 3: Note about disciplinary procedures and pensions.
Section 4: Statement of changes.
Section 5: Exclusion from rights to statements.
Section 6: Reasonably accessible document or collective agreement.
Section 7: Power to require particulars of further matters.
Section 7A: Use of alternative documents to give particulars
Section 7B: Giving of alternative documents before start of employment
Section 8: Itemised pay statement.
Section 9: Standing statement of fixed deductions.
Section 10: Power to amend provisions about pay and standing statements.
Section 11: References to employment tribunals.
Section 12: Determination of references.

Part II: Protection of wages

Section 13: Right not to suffer unauthorised deductions.
Section 14: Excepted deductions.
Section 15: Right not to have to make payments to employer.
Section 16: Excepted payments.
Section 17: Introductory.
Section 18: Limits on amount and time of deductions.
Section 19: Wages determined by reference to shortages etc.
Section 20: Limits on method and timing of payments.
Section 21: Limit on amount of payments.
Section 22: Final instalments of wages.
Section 23: Complaints to employment tribunals.
Section 24: Determination of complaints.
Section 25: Determinations: supplementary.
Section 26: Complaints and other remedies.
Section 27: Meaning of "wages" etc.

Part 2A: Zero hours workers and similar

Chapter 1: Exclusivity terms and other restrictions

Section 27A: Exclusivity terms unenforceable in zero hours contracts
Section 27B: Power to make further provision in relation to zero hours workers

Chapter 2: Right to guaranteed hours

Section 27BA: Right for qualifying workers to be offered guaranteed hours
Section 27BB: Requirements relating to a guaranteed hours offer
Section 27BC: Requirements relating to a guaranteed hours offer: supplementary
Section 27BD: Guaranteed hours offer: exceptions to duty to make offer and withdrawal of offer
Section 27BE: Acceptance or rejection of a guaranteed hours offer
Section 27BF: Information about rights conferred by Chapter 2
Section 27BG: Complaints to employment tribunals: grounds
Section 27BH: Complaints to employment tribunals: time limits
Section 27BI: Remedies

Chapter 3: Shifts: rights to reasonable notice

Section 27BJ: Right to reasonable notice of a shift
Section 27BK: Right to reasonable notice of cancellation of or change to a shift
Section 27BL: Sections 27BJ and 27BK: supplementary
Section 27BM: Interaction with Chapter 4
Section 27BN: Complaints to employment tribunals
Section 27BO: Remedies

Chapter 4: Right to payment for cancelled, moved and curtailed shifts

Section 27BP: Right to payment for a cancelled, moved or curtailed shift
Section 27BQ: Regulations under section 27BP: supplementary
Section 27BR: Exceptions to duty to make payment for a cancelled, moved or curtailed shift
Section 27BS: Contractual remuneration
Section 27BT: Complaints to employment tribunal
Section 27BU: Remedies

Chapter 5: Agency workers: guaranteed hours and rights relating to shifts

Section 27BV: Agency workers

Chapter 6: Collective agreements: contracting out

Section 27BW: Zero hours workers, etc
Section 27BX: Agency workers
Section 27BY: Supplementary provision
Section 27BZ: Regulations
Section 27BZ1: Interpretation

Chapter 7: General

Section 27BZ2: Interpretation
Section 27BZ3: Regulations

Part 2B: TIPS, GRATUITIES AND SERVICE CHARGES

Section 27C: Qualifying tips, gratuities and service charges
Section 27D: How tips etc must be dealt with
Section 27E: Non-public places of business
Section 27F: Independent troncs
Section 27G: When tips etc must be dealt with
Section 27H: Agency workers
Section 27I: Written policy
Section 27J: Records
Section 27K: Complaints to employment tribunal about tips etc
Section 27L: Determination of complaints about tips etc
Section 27M: Compensation: dealing with tips etc
Section 27N: Complaints to employment tribunal about information
Section 27O: Determination of complaints about information
Section 27P: Issue of code of practice
Section 27Q: Procedure for issue of code of practice
Section 27R: Consequential revision of code of practice
Section 27S: Revocation of code of practice
Section 27T: Failure to comply with code of practice
Section 27U: No restitution claims by employer
Section 27V: Relationship with contractual rights
Section 27W: Restrictions on contracting out of this Part
Section 27X: Interpretation
Section 27Y: Application

Part III: Guarantee payments

Section 28: Right to guarantee payment.
Section 29: Exclusions from right to guarantee payment.
Section 30: Calculation of guarantee payment.
Section 31: Limits on amount of and entitlement to guarantee payment.
Section 32: Contractual remuneration.
Section 33: Power to modify provisions about guarantee payments.
Section 34: Complaints to employment tribunals.
Section 35: Exemption orders.

Part IV: Sunday working for shop and betting workers

Section 36: Protected shop workers and betting workers.
Section 37: Contractual requirements relating to Sunday work.
Section 38: Contracts with guaranteed hours.
Section 39: Reduction of pay etc.
Section 40: Notice of objection to Sunday working.
Section 41: Opted-out shop workers and betting workers.
Section 41A: Notice of objection by shop workers to working additional hours on Sunday
Section 41B: Explanatory statement: persons who become shop workers
Section 41C: Explanatory statement: shop workers at commencement date
Section 41D: Failure to give explanatory statement under section 41B or 41C
Section 42: Explanatory statement : betting workers.
Section 43: Contractual requirements relating to Sunday work : opting-out notices.
Section 43ZA: Contractual requirements relating to working additional hours on Sundays: objection notices
Section 43ZB: Interpretation

Part IVA: Protected disclosures

Section 43A: Meaning of "protected disclosure".
Section 43B: Disclosures qualifying for protection.
Section 43C: Disclosure to employer or other responsible person.
Section 43D: Disclosure to legal adviser.
Section 43E: Disclosure to Minister of the Crown.
Section 43F: Disclosure to prescribed person.
Section 43FA: Prescribed persons: duty to report on disclosures of information
Section 43G: Disclosure in other cases.
Section 43H: Disclosure of exceptionally serious failure.
Section 43J: Contractual duties of confidentiality.
Section 43K: Extension of meaning of "worker" etc. for Part IVA.
Section 43KA: Application of this Part and related provisions to police
Section 43L: Other interpretative provisions.

Part V: Protection from suffering detriment in employment

Section 43M: Jury service
Section 44: Health and safety cases.
Section 45: Sunday working for shop and betting workers.
Section 45ZA: Sunday working for shop workers: additional hours
Section 45A: Working time cases.
Section 46: Trustees of occupational pension schemes.
Section 47: Employee representatives.
Section 47A: Employees exercising right to time off work for study or training.
Section 47B: Protected disclosures.
Section 47C: Leave for family and domestic reasons.
Section 47D: Tax credits
Section 47E: Flexible working
Section 47F: Study and training
Section 47G: Employee shareholder status
Section 48: Complaints to employment tribunals.
Section 49: Remedies.
Section 49A: Application to police of section 44 and related provisions.

Part 5A: Protection for applicants for employment etc in the health service

Section 49B: Regulations prohibiting discrimination because of protected disclosure

Part 5B: Redundancy or dismissal during a protected period of pregnancy

Section 49D: Redundancy or dismissal during a protected period of pregnancy
Section 49E: Section 49D: supplemental

Part VI: Time off work

Section 50: Right to time off for public duties.
Section 51: Complaints to employment tribunals.
Section 52: Right to time off to look for work or arrange training.
Section 53: Right to remuneration for time off under section 52.
Section 54: Complaints to employment tribunals.
Section 55: Right to time off for ante-natal care.
Section 56: Right to remuneration for time off under section 55.
Section 57: Complaints to employment tribunals.
Section 57ZA: Right to time off for ante-natal care (agency workers)
Section 57ZC: Complaint to employment tribunal: agency workers
Section 57ZE: Right to time off to accompany to ante-natal appointment
Section 57ZF: Complaint to employment tribunal
Section 57ZG: Right to time off to accompany to ante-natal appointment: agency workers
Section 57ZH: Complaint to employment tribunal: agency workers
Section 57ZI: Agency workers: supplementary
Section 57ZJ: Right to paid time off to attend adoption appointments
Section 57ZK: Right to remuneration for time off under section 57ZJ
Section 57ZL: Right to unpaid time off to attend adoption appointments
Section 57ZM: Complaint to employment tribunal
Section 57ZN: Right to paid time off to attend adoption appointments: agency workers
Section 57ZO: Right to remuneration for time off under section 57ZN
Section 57ZP: Right to unpaid time off to attend adoption meetings: agency workers
Section 57ZQ: Complaint to employment tribunal: agency workers
Section 57ZR: Agency workers: supplementary
Section 57ZS: Placement of looked after children with prospective adopters
Section 57A: Time off for dependants.
Section 57B: Complaint to employment tribunal.
Section 58: Right to time off for pension scheme trustees.
Section 59: Right to payment for time off under section 58.
Section 60: Complaints to employment tribunals.
Section 61: Right to time off for employee representatives.
Section 62: Right to remuneration for time off under section 61.
Section 63: Complaints to employment tribunals.
Section 63A: Right to time off for young person in Wales or Scotland for study or training.
Section 63B: Right to remuneration for time off under section 63A.
Section 63C: Complaints to employment tribunals.

Part 6A: Study and training

Section 63D: Statutory right to make request in relation to study or training
Section 63E: Section 63D application: supplementary
Section 63F: Employer's duties in relation to application
Section 63G: Regulations about dealing with applications
Section 63H: Employee's duties in relation to agreed study or training
Section 63I: Complaints to employment tribunals
Section 63J: Remedies
Section 63K: Supplementary

Part VII: Suspension from work

Section 64: Right to remuneration on suspension on medical grounds.
Section 65: Exclusions from right to remuneration.
Section 66: Meaning of suspension on maternity grounds.
Section 67: Right to offer of alternative work.
Section 68: Right to remuneration.
Section 68A: Meaning of ending the supply of an agency worker on maternity grounds
Section 68B: Right to offer of alternative work
Section 68C: Right to remuneration
Section 68D: Agency workers: supplementary
Section 69: Calculation of remuneration.
Section 70: Complaints to employment tribunals.
Section 70A: Complaints to employment tribunals: agency workers

Part VIII:

Chapter I: MATERNITY LEAVE

Section 71:
Section 72: Compulsory maternity leave.
Section 73: Additional maternity leave.
Section 74: Redundancy and dismissal.
Section 75: Sections 71 to 73: supplemental.

Chapter 1A: Adoption leave

Section 75A: Ordinary adoption leave
Section 75B: Additional adoption leave
Section 75C: Redundancy and dismissal
Section 75D: Chapter 1A: supplemental

CHAPTER 1B: Shared parental leave

Section 75E: Entitlement to shared parental leave: birth
Section 75F: Entitlement to leave under section 75E: further provision
Section 75G: Entitlement to shared parental leave: adoption
Section 75H: Entitlement to leave under section 75G: further provision
Section 75I: Rights during and after shared parental leave
Section 75J: Redundancy and dismissal
Section 75K: Chapter 1B: supplemental

Chapter II: PARENTAL LEAVE

Section 76: Entitlement to parental leave.
Section 77: Rights during and after parental leave.
Section 78: Special cases.
Section 79: Supplemental.
Section 80: Complaint to employment tribunal.

Chapter 3: Paternity leave

Section 80A: Entitlement to ... paternity leave: birth
Section 80AA: Entitlement to additional paternity leave: birth
Section 80B: Entitlement to ... paternity leave: adoption
Section 80BB: Entitlement to additional paternity leave: adoption
Section 80C: Rights during and after paternity leave
Section 80D: Special cases
Section 80E: Chapter 3: supplemental

CHAPTER 4: Parental bereavement leave Bereavement leave

Section 80EA: Parental bereavement Bereavement leave
Section 80EB: Rights during and after bereavement leave
Section 80EC: Special cases
Section 80ED: Chapter 4: supplemental
Section 80EE: Application in relation to stillbirths

CHAPTER 5: Neonatal care leave

Section 80EF: Neonatal care leave
Section 80EG: Rights during and after neonatal care leave
Section 80EH: Special cases
Section 80EI: Chapter 5: supplemental

Part 8A: Flexible working

Section 80F: Statutory right to request contract variation
Section 80G: Employer's duties in relation to application under section 80F
Section 80H: Complaints to employment tribunals
Section 80I: Remedies

Part 8B: Carer's leave

Section 80J: Carer's leave
Section 80K: Rights during and after carer's leave
Section 80L: Special cases
Section 80M: Part 8B: supplemental
Section 80N: Complaint to employment tribunal

Part IX: Termination of employment

Section 86: Rights of employer and employee to minimum notice.
Section 87: Rights of employee in period of notice.
Section 88: Employments with normal working hours.
Section 89: Employments without normal working hours.
Section 90: Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
Section 91: Supplementary.
Section 92: Right to written statement of reasons for dismissal.
Section 93: Complaints to employment tribunal.

Part X: Unfair dismissal

Chapter I: Right not to be unfairly dismissed

Section 94: The right.
Section 95: Circumstances in which an employee is dismissed.
Section 97: Effective date of termination.
Section 98: General.
Section 98ZA: No normal retirement age: dismissal before 65
Section 98ZB: No normal retirement age: dismissal at or after 65
Section 98ZC: Normal retirement age: dismissal before retirement age
Section 98ZD: Normal retirement age 65 or higher: dismissal at or after retirement age
Section 98ZE: Normal retirement age below 65: dismissal at or after retirement age
Section 98ZF: Reason for dismissal: particular matters
Section 98ZG: Retirement dismissals: fairness
Section 98ZH: Interpretation
Section 98A: Procedural fairness
Section 98B: Jury service
Section 99: Leave for family reasons.
Section 100: Health and safety cases.
Section 101: Shop workers and betting workers who refuse Sunday work.
Section 101ZA: Shop workers who refuse to work additional hours on Sunday
Section 101A: Working time cases.
Section 102: Trustees of occupational pension schemes.
Section 103: Employee representatives.
Section 103A: Protected disclosure.
Section 104: Assertion of statutory right.
Section 104A: The national minimum wage.
Section 104B: Tax credits
Section 104C: Flexible working
Section 104D: Pension enrolment
Section 104E: Study and training
Section 104F: Blacklists
Section 104G: Employee shareholder status
Section 104I: Contracts of employment: restricted variations
Section 104J: Contracts of employment: variations that are not restricted variations
Section 104K: Redundancy: replacement of employees with people who are not employees
Section 105: Redundancy.
Section 106: Replacements.
Section 107: Pressure on employer to dismiss unfairly.
Section 108: Qualifying period of employment.
Section 109: Upper age limit.
Section 110: Dismissal procedures agreements.

Chapter II: Remedies for unfair dismissal

Section 111: Complaints to employment tribunal.
Section 111A: Confidentiality of negotiations before termination of employment
Section 112: The remedies: orders and compensation.
Section 113: The orders.
Section 114: Order for reinstatement.
Section 115: Order for re-engagement.
Section 116: Choice of order and its terms.
Section 117: Enforcement of order and compensation.
Section 118: General.
Section 119: Basic award.
Section 120: Basic award: minimum in certain cases.
Section 121: Basic award of two weeks' pay in certain cases.
Section 122: Basic award: reductions.
Section 123: Compensatory award.
Section 124: Limit of compensatory award etc.
Section 124A: Adjustments under the Employment Act 2002
Section 126: Acts which are both unfair dismissal and discrimination.
Section 127A: Internal appeal procedures.
Section 128: Interim relief pending determination of complaint.
Section 129: Procedure on hearing of application and making of order.
Section 130: Order for continuation of contract of employment.
Section 131: Application for variation or revocation of order.
Section 132: Consequence of failure to comply with order.

Chapter III: Supplementary

Section 133: Death of employer or employee.
Section 134: Teachers in aided schools.
Section 134A: Application to police.

Part XI: Redundancy payments etc.

Chapter I: Right to redundancy payment

Section 135: The right.

Chapter II: Right on dismissal by reason of redundancy

Section 136: Circumstances in which an employee is dismissed.
Section 138: No dismissal in cases of renewal of contract or re-engagement.
Section 139: Redundancy.
Section 140: Summary dismissal.
Section 141: Renewal of contract or re-engagement.
Section 142: Employee anticipating expiry of employer's notice.
Section 143: Strike during currency of employer's notice.
Section 144: Provisions supplementary to section 143.
Section 145: The relevant date.
Section 146: Provisions supplementing sections 138 and 141.

Chapter III: Right by reason of lay-off or short-time

Section 147: Meaning of "lay-off" and "short-time".
Section 148: Eligibility by reason of lay-off or short-time.
Section 149: Counter-notices.
Section 150: Resignation.
Section 151: Dismissal.
Section 152: Likelihood of full employment.
Section 153: The relevant date.
Section 154: Provisions supplementing sections 148 and 152.

Chapter IV: General exclusions from right

Section 155: Qualifying period of employment.
Section 156: Upper age limit.
Section 157: Exemption orders.
Section 158: Pension rights.
Section 159: Public offices etc.
Section 160: Overseas government employment.
Section 161: Domestic servants.

Chapter V: Other provisions about redundancy payments

Section 162: Amount of a redundancy payment.
Section 163: References to employment tribunals.
Section 164: Claims for redundancy payment.
Section 165: Written particulars of redundancy payment.

Chapter VI: Payments by Secretary of State

Section 166: Applications for payments.
Section 167: Making of payments.
Section 168: Amount of payments.
Section 169: Information relating to applications for payments.
Section 170: References to employment tribunals.

Chapter VII: Supplementary

Section 171: Employment not under contract of employment.
Section 172: Termination of employment by statute.
Section 173: Employees paid by person other than employer.
Section 174: Death of employer: dismissal.
Section 175: Death of employer: lay-off and short-time.
Section 176: Death of employee.
Section 177: References to employment tribunals.
Section 178: Old statutory compensation schemes.
Section 179: Notices.
Section 180: Offences.
Section 181: Interpretation.

Part XII: Insolvency of employers

Section 182: Employee's rights on insolvency of employer.
Section 183: Insolvency.
Section 184: Debts to which Part applies.
Section 185: The appropriate date.
Section 186: Limit on amount payable under section 182.
Section 187: Role of relevant officer.
Section 188: Complaints to employment tribunals.
Section 189: Transfer to Secretary of State of rights and remedies.
Section 190: Power to obtain information.

Part XIII: Miscellaneous

Chapter I: Particular types of employment

Section 191: Crown employment.
Section 192: Armed forces.
Section 193: National security.
Section 194: House of Lords staff.
Section 195: House of Commons staff.
Section 197: Fixed-term contracts.
Section 198: Short-term employment.
Section 199: Mariners.
Section 200: Police officers.
Section 201: Power to extend employment legislation to offshore employment.

Chapter II: Other miscellaneous matters

Section 202: National security.
Section 202A: Contractual duties of confidentiality relating to harassment and discrimination
Section 203: Restrictions on contracting out.
Section 204: Law governing employment.
Section 205: Remedy for infringement of certain rights.
Section 205A: Employee shareholders
Section 206: Institution or continuance of tribunal proceedings.
Section 207: Rights and liabilities accruing after death.
Section 207A: Extension of time limits because of mediation in certain cross-border disputes
Section 207B: Extension of time limits to facilitate conciliation before institution of proceedings
Section 209: Powers to amend Act.

Part XIV: Interpretation

Chapter I: Continuous employment

Section 210: Introductory.
Section 211: Period of continuous employment.
Section 212: Weeks counting in computing period.
Section 213: Intervals in employment.
Section 214: Special provisions for redundancy payments.
Section 215: Employment abroad etc.
Section 216: Industrial disputes.
Section 217: Reinstatement after military service.
Section 218: Change of employer.
Section 219: Reinstatement or re-engagement of dismissed employee.

Chapter II: A week's pay

Section 220: Introductory.
Section 221: General.
Section 222: Remuneration varying according to time of work.
Section 223: Supplementary.
Section 224: Employments with no normal working hours.
Section 225: Rights during employment.
Section 226: Rights on termination.
Section 227: Maximum amount.
Section 228: New employments and other special cases.
Section 229: Supplementary.

Chapter III: Other interpretation provisions

Section 230: Employees, workers etc.
Section 231: Associated employers.
Section 232: Shop workers.
Section 233: Betting workers
Section 234: Normal working hours.
Section 235: Other definitions.

Part XV: General and supplementary

Section 236: Orders and regulations.
Section 237: Financial provisions.
Section 238: Reciprocal arrangements with Northern Ireland.
Section 239: Reciprocal arrangements with Isle of Man.
Section 240: Consequential amendments.
Section 241: Transitionals, savings and transitory provisions.
Section 242: Repeals and revocations.
Section 243: Commencement.
Section 244: Extent.
Section 245: Short title.

Missing something?

This library is growing. If there is an Act, statutory instrument or judgment you need that we don't publish yet, ask and we'll prioritise it.

Request a case or Act Get involved

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.