Employment Rights Act 1996
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Statement of initial employment particulars.
Statement of initial employment particulars. 1 1 Where a worker begins employment with an employer, the employer shall give to the worker a written statement of particulars of employment. 2 Subject…
Section 2 — Statement of initial particulars: supplementary.
Statement of initial particulars: supplementary. 2 1 If, in the case of a statement under section 1, there are no particulars to be entered under any of the heads of paragraph (d) or (k) of…
Section 3 — Note about disciplinary procedures and pensions.
Note about disciplinary procedures and pensions. 3 1 A statement under section 1 shall include a note— a specifying any disciplinary rules applicable to the worker or referring the worker to the…
Section 4 — Statement of changes.
Statement of changes. 4 1 If, after the material date, there is a change in any of the matters particulars of which are required by sections 1 to 3 to be included or referred to in a statement under…
Section 5 — Exclusion from rights to statements.
Exclusion from rights to statements. 5 1 Sections 1 to 4 apply to a worker who at any time comes or ceases to come within the exceptions from those sections provided by section 199, and under section…
Section 6 — Reasonably accessible document or collective agreement.
Reasonably accessible document or collective agreement. 6 In sections 2 to 4 references to a document or collective agreement which is reasonably accessible to a worker are references to a document…
Section 7 — Power to require particulars of further matters.
Power to require particulars of further matters. 7 The Secretary of State may by order provide that section 1 shall have effect as if particulars of such further matters as may be specified in the…
Section 7A — Use of alternative documents to give particulars
Use of alternative documents to give particulars 7A 1 Subsections (2) and (3) apply where— a an employer gives a worker a document in writing in the form of a contract of employment or other worker’s…
Section 7B — Giving of alternative documents before start of employment
Giving of alternative documents before start of employment 7B A document in the form of a contract of employment or other worker’s contract or letter of engagement given by an employer to a worker…
Section 8 — Itemised pay statement.
Itemised pay statement. 8 1 A worker has the right to be given by his employer, at or before the time at which any payment of wages or salary is made to him, a written itemised pay statement. 2 The…
Section 9 — Standing statement of fixed deductions.
Standing statement of fixed deductions. 9 1 A pay statement given in accordance with section 8 need not contain separate particulars of a fixed deduction if— a it contains instead an aggregate amount…
Section 10 — Power to amend provisions about pay and standing statements.
Power to amend provisions about pay and standing statements. 10 The Secretary of State may by order— a vary the provisions of sections 8 and 9 as to the particulars which must be included in a pay…
Section 11 — References to employment tribunals .
References to employment tribunals . 11 1 Where an employer does not give a worker a statement as required by section 1, 4 or 8 (either because the employer gives the worker no statement or because…
Section 12 — Determination of references.
Determination of references. 12 1 Where, on a reference under section 11(1), an employment tribunal determines particulars as being those which ought to have been included or referred to in a…
Section 13 — Right not to suffer unauthorised deductions.
Right not to suffer unauthorised deductions. 13 1 An employer shall not make a deduction from wages of a worker employed by him unless— a the deduction is required or authorised to be made by virtue…
Section 14 — Excepted deductions.
Excepted deductions. 14 1 Section 13 does not apply to a deduction from a worker’s wages made by his employer where the purpose of the deduction is the reimbursement of the employer in respect of— a…
Section 15 — Right not to have to make payments to employer.
Right not to have to make payments to employer. 15 1 An employer shall not receive a payment from a worker employed by him unless— a the payment is required or authorised to be made by virtue of a…
Section 16 — Excepted payments.
Excepted payments. 16 1 Section 15 does not apply to a payment received from a worker by his employer where the purpose of the payment is the reimbursement of the employer in respect of— a an…
Section 17 — Introductory.
Introductory. 17 1 In the following provisions of this Part— “ cash shortage ” means a deficit arising in relation to amounts received in connection with retail transactions, and “ stock deficiency ”…
Section 18 — Limits on amount and time of deductions.
Limits on amount and time of deductions. 18 1 Where (in accordance with section 13) the employer of a worker in retail employment makes, on account of one or more cash shortages or stock…
Section 19 — Wages determined by reference to shortages etc.
Wages determined by reference to shortages etc. 19 1 This section applies where— a by virtue of an agreement between a worker in retail employment and his employer, the amount of the worker’s wages…
Section 20 — Limits on method and timing of payments.
Limits on method and timing of payments. 20 1 Where the employer of a worker in retail employment receives from the worker a payment on account of a cash shortage or stock deficiency, the employer…
Section 21 — Limit on amount of payments.
Limit on amount of payments. 21 1 Where the employer of a worker in retail employment makes on any pay day one or more demands for payment in accordance with section 20, the amount or aggregate…
Section 22 — Final instalments of wages.
Final instalments of wages. 22 1 In this section “ final instalment of wages ”, in relation to a worker, means— a the amount of wages payable to the worker which consists of or includes an amount…
Section 23 — Complaints to employment tribunals .
Complaints to employment tribunals . 23 1 A worker may present a complaint to an employment tribunal — a that his employer has made a deduction from his wages in contravention of section 13…
Section 24 — Determination of complaints.
Determination of complaints. 24 1 Where a tribunal finds a complaint under section 23 well-founded, it shall make a declaration to that effect and shall order the employer— a in the case of a…
Section 25 — Determinations: supplementary.
Determinations: supplementary. 25 1 Where, in the case of any complaint under section 23(1)(a), a tribunal finds that, although neither of the conditions set out in section 13(1)(a) and (b) was…
Section 26 — Complaints and other remedies.
Complaints and other remedies. 26 Section 23 does not affect the jurisdiction of an employment tribunal to consider a reference under section 11 in relation to any deduction from the wages of a…
Section 27 — Meaning of “wages” etc.
Meaning of “wages” etc. 27 1 In this Part “ wages ”, in relation to a worker, means any sums payable to the worker in connection with his employment, including— a any fee, bonus, commission, holiday…
Section 27BZ1 — Interpretation
Interpretation 27BZ1 1 Terms used in this Chapter that are used in— a Chapters 2 to 4 (rights relating to zero hours workers, etc), or b Chapter 5 (including Schedule A1) (rights relating to agency…
Section 27BZ2 — Interpretation
Interpretation 27BZ2 1 In this Part— “ agency worker ” has the meaning given by section 27BV; “ arrangement ” (when used by itself and not as part of the expression “zero hours arrangement”) means an…
Section 27BZ3 — Regulations
Regulations 27BZ3 1 Regulations under this Part may— a make different provision for different purposes; b make provision subject to exceptions. 2 Regulations under this Part may provide that a…
Section 27A — Exclusivity terms unenforceable in zero hours contracts
Exclusivity terms unenforceable in zero hours contracts 27A 1 In this section “ zero hours contract ” means a contract of employment or other worker's contract under which— a the undertaking to do or…
Section 27BA — Right for qualifying workers to be offered guaranteed hours
Right for qualifying workers to be offered guaranteed hours 27BA 1 An employer must make a guaranteed hours offer to a worker in accordance with section 27BB after the end of every period— a that is…
Section 27B — Power to make further provision in relation to zero hours workers
Power to make further provision in relation to zero hours workers 27B 1 The Secretary of State may by regulations make provision for the purpose of securing that zero hours workers, or any…
Section 27BB — Requirements relating to a guaranteed hours offer
Requirements relating to a guaranteed hours offer 27BB 1 An offer by an employer to a qualifying worker is a guaranteed hours offer for the purposes of this Chapter if it is an offer— a to vary the…
Section 27BC — Requirements relating to a guaranteed hours offer: supplementary
Requirements relating to a guaranteed hours offer: supplementary 27BC 1 This section applies where— a a guaranteed hours offer made by an employer to a qualifying worker takes the form of an offer to…
Section 27C — Qualifying tips, gratuities and service charges
Qualifying tips, gratuities and service charges 27C 1 This Part makes provision for— a how employers must deal with qualifying tips, gratuities and service charges, and b the Secretary of State to…
Section 27BD — Guaranteed hours offer: exceptions to duty to make offer and withdrawal of offer
Guaranteed hours offer: exceptions to duty to make offer and withdrawal of offer 27BD 1 The duty imposed by section 27BA(1) on an employer in relation to a qualifying worker does not apply if during…
Section 27D — How tips etc must be dealt with
How tips etc must be dealt with 27D 1 An employer must ensure that the total amount of the qualifying tips, gratuities and service charges paid at, or otherwise attributable to, a place of business…
Section 27BE — Acceptance or rejection of a guaranteed hours offer
Acceptance or rejection of a guaranteed hours offer 27BE 1 Where an employer makes a guaranteed hours offer to a qualifying worker and the offer is not treated as having been withdrawn by virtue of…
Section 27E — Non-public places of business
Non-public places of business 27E 1 This section applies where— a qualifying tips, gratuities and service charges are paid at, or are otherwise attributable to, a non-public place of business of an…
Section 27BF — Information about rights conferred by Chapter 2
Information about rights conferred by Chapter 2 27BF 1 An employer who employs a worker who it is reasonable to consider might become a qualifying worker of the employer in relation to a reference…
Section 27F — Independent troncs
Independent troncs 27F 1 In this section “ relevant tips ” means the qualifying tips, gratuities and service charges that— a are paid at, or are otherwise attributable to, a place of business of an…
Section 27BG — Complaints to employment tribunals: grounds
Complaints to employment tribunals: grounds 27BG 1 A worker may present a complaint to an employment tribunal that— a the duty imposed by section 27BA(1) applies to the worker’s employer in relation…
Section 27G — When tips etc must be dealt with
When tips etc must be dealt with 27G The employer must— a ensure that a qualifying tip, gratuity or service charge is allocated in accordance with section 27D (1) , and b make any payment that the…
Section 27BH — Complaints to employment tribunals: time limits
Complaints to employment tribunals: time limits 27BH 1 An employment tribunal must not consider a complaint under section 27BG(1) unless it is presented before the end of the period of six months…
Section 27H — Agency workers
Agency workers 27H 1 In this Part an “eligible agency worker” is an individual— a who is supplied by a person (the “agent”) to do work for another person (the “principal”) under a contract or other…
Section 27BI — Remedies
Remedies 27BI 1 Where an employment tribunal finds a complaint under section 27BG well-founded, the tribunal— a must make a declaration to that effect, and b may make an award of compensation to be…
Section 27I — Written policy
Written policy 27I 1 Where qualifying tips, gratuities and service charges are paid at, or are otherwise attributable to, a place of business of an employer on more than an occasional and exceptional…