Employment Rights Act 1996
Sections and provisions with full text and the judgments that cite each one.
Section 27BJ — Right to reasonable notice of a shift
Right to reasonable notice of a shift 27BJ 1 An employer must give to a worker reasonable notice of a shift that the employer requests or requires the worker to work if— a the worker is (or is to be)…
Section 27J — Records
Records 27J 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 basis,…
Section 27BK — Right to reasonable notice of cancellation of or change to a shift
Right to reasonable notice of cancellation of or change to a shift 27BK 1 Subsection (2) applies in relation to an employer and a worker where— a the employer has given notice of a shift to the…
Section 27K — Complaints to employment tribunal about tips etc
Complaints to employment tribunal about tips etc 27K 1 A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with— a section 27D (how tips etc…
Section 27BL — Sections 27BJ and 27BK: supplementary
Sections 27BJ and 27BK: supplementary 27BL 1 None of the duties imposed by sections 27BJ and 27BK applies in relation to a shift that would be (or would have been) worked, or is being worked, by a…
Section 27L — Determination of complaints about tips etc
Determination of complaints about tips etc 27L 1 If an employment tribunal finds a complaint under section 27K well founded— a it must make a declaration to that effect, and b it may— i in the case…
Section 27BM — Interaction with Chapter 4
Interaction with Chapter 4 27BM 1 Where an employer— a is required to make a payment to a worker under section 27BP in relation to a shift that the employer cancels, moves or curtails at short…
Section 27M — Compensation: dealing with tips etc
Compensation: dealing with tips etc 27M 1 If an employment tribunal makes a declaration under section 27L(1)(a), it may order the employer or agent (as the case may be) to pay to the complainant such…
Section 27BN — Complaints to employment tribunals
Complaints to employment tribunals 27BN 1 A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with a duty imposed by section 27BJ or 27BK. 2…
Section 27N — Complaints to employment tribunal about information
Complaints to employment tribunal about information 27N 1 A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with a requirement in section 27I…
Section 27BO — Remedies
Remedies 27BO 1 Where an employment tribunal finds a complaint under section 27BN well-founded, the tribunal— a must make a declaration to that effect, and b may make an award of compensation to be…
Section 27O — Determination of complaints about information
Determination of complaints about information 27O 1 If an employment tribunal finds a complaint under section 27N well founded— a it must make a declaration to that effect, and b it may make an order…
Section 27BP — Right to payment for a cancelled, moved or curtailed shift
Right to payment for a cancelled, moved or curtailed shift 27BP 1 An employer must make a payment of a specified amount to a worker each time that the employer cancels, moves or curtails at short…
Section 27P — Issue of code of practice
Issue of code of practice 27P 1 The Secretary of State may issue a code of practice under section 27Q for the purpose of promoting fairness and transparency in the distribution of qualifying tips,…
Section 27BQ — Regulations under section 27BP: supplementary
Regulations under section 27BP: supplementary 27BQ 1 Regulations under section 27BP(1) may not specify an amount to be paid to a worker in relation to the cancellation, movement or curtailment of a…
Section 27Q — Procedure for issue of code of practice
Procedure for issue of code of practice 27Q 1 If the Secretary of State proposes to issue a code of practice under this section the Secretary of State must— a consult ACAS; b publish a draft of the…
Section 27BR — Exceptions to duty to make payment for a cancelled, moved or curtailed shift
Exceptions to duty to make payment for a cancelled, moved or curtailed shift 27BR 1 The requirement to make a payment under section 27BP(1) does not apply— a in relation to a shift that would be (or…
Section 27R — Consequential revision of code of practice
Consequential revision of code of practice 27R 1 A code of practice issued under section 27Q may be revised by the Secretary of State in accordance with this section for the purpose of bringing it…
Section 27BS — Contractual remuneration
Contractual remuneration 27BS 1 The right of a worker to receive a payment from an employer under section 27BP(1) does not affect any right of the worker in relation to remuneration under a worker’s…
Section 27S — Revocation of code of practice
Revocation of code of practice 27S A code of practice issued under this Part may be revoked by the Secretary of State by regulations.
Section 27BT — Complaints to employment tribunal
Complaints to employment tribunal 27BT 1 A worker may present a complaint to an employment tribunal that the worker’s employer— a has failed to make the whole or any part of a payment that the…
Section 27T — Failure to comply with code of practice
Failure to comply with code of practice 27T 1 In proceedings before an employment tribunal, a code of practice issued under this Part is to be admissible in evidence, and any provision of the code of…
Section 27BU — Remedies
Remedies 27BU 1 Where an employment tribunal finds a complaint under section 27BT(1)(a) well-founded, the tribunal must— a make a declaration to that effect, and b order the employer to pay to the…
Section 27U — No restitution claims by employer
No restitution claims by employer 27U 1 This section applies where— a a worker is allocated an amount of qualifying tips, gratuities and service charges in accordance with section 27D (1) (the…
Section 27BV — Agency workers
Agency workers 27BV 1 In this Part, “ agency worker ” means an individual— a who has a worker’s contract or an arrangement with a work-finding agency by virtue of which the individual is (or is to…
Section 27V — Relationship with contractual rights
Relationship with contractual rights 27V 1 An entitlement of a worker to be allocated qualifying tips, gratuities and service charges under this Part does not affect any contractual right of the…
Section 27BW — Zero hours workers, etc
Zero hours workers, etc 27BW 1 This section applies in relation to— a a duty imposed on an employer in respect of a worker, and b a right conferred on a worker in respect of an employer, by or under…
Section 27W — Restrictions on contracting out of this Part
Restrictions on contracting out of this Part 27W 1 A prohibited reimbursement provision in an agreement between an employer and a worker (whether in a contract of employment or not) is void. 2 A…
Section 27BX — Agency workers
Agency workers 27BX 1 This section applies in relation to— a a duty imposed on a hirer or a work-finding agency in respect of an agency worker, and b a right conferred on an agency worker in respect…
Section 27X — Interpretation
Interpretation 27X 1 In this Part— “ customer ”, in relation to an employer, includes any person who is provided with services by the employer; “ place of business ”, in relation to an employer,…
Section 27BY — Supplementary provision
Supplementary provision 27BY 1 For the purposes of sections 27BW and 27BX, it does not matter whether— a terms in a collective agreement that expressly replace a duty or right relate to the same…
Section 27Y — Application
Application 27Y This Part applies in respect of tips, gratuities and service charges paid by customers on or after the date on which section 27D comes into force.
Section 27BZ — Regulations
Regulations 27BZ 1 The Secretary of State may by regulations make further provision for the purposes of section 27BW or 27BX. 2 The regulations may, in particular, make provision about— a the effect…
Section 28 — Right to guarantee payment.
Right to guarantee payment. 28 1 Where throughout a day during any part of which an employee would normally be required to work in accordance with his contract of employment the employee is not…
Section 29 — Exclusions from right to guarantee payment.
Exclusions from right to guarantee payment. 29 1 An employee is not entitled to a guarantee payment unless he has been continuously employed for a period of not less than one month ending with the…
Section 30 — Calculation of guarantee payment.
Calculation of guarantee payment. 30 1 Subject to section 31, the amount of a guarantee payment payable to an employee in respect of any day is the sum produced by multiplying the number of normal…
Section 31 — Limits on amount of and entitlement to guarantee payment.
Limits on amount of and entitlement to guarantee payment. 31 1 The amount of a guarantee payment payable to an employee in respect of any day shall not exceed £41 . 2 An employee is not entitled to…
Section 32 — Contractual remuneration.
Contractual remuneration. 32 1 A right to a guarantee payment does not affect any right of an employee in relation to remuneration under his contract of employment (“contractual remuneration”). 2 Any…
Section 33 — Power to modify provisions about guarantee payments.
Power to modify provisions about guarantee payments. 33 The Secretary of State may by order provide that in relation to any description of employees the provisions of— a sections 28(4) and (5), 30,…
Section 34 — Complaints to employment tribunals .
Complaints to employment tribunals . 34 1 An employee may present a complaint to an employment tribunal that his employer has failed to pay the whole or any part of a guarantee payment to which the…
Section 35 — Exemption orders.
Exemption orders. 35 1 Where— a at any time there is in force a collective agreement, or an agricultural wages order, under which employees to whom the agreement or order relates have a right to…
Section 36 — Protected shop workers and betting workers.
Protected shop workers and betting workers. 36 1 Subject to subsection (5), a shop worker or betting worker is to be regarded as “protected” for the purposes of any provision of this Act if (and only…
Section 37 — Contractual requirements relating to Sunday work.
Contractual requirements relating to Sunday work. 37 1 Any contract of employment under which a shop worker or betting worker who satisfies section 36(2)(a) was employed on the day before the…
Section 38 — Contracts with guaranteed hours.
Contracts with guaranteed hours. 38 1 This section applies where— a under the contract of employment under which a shop worker or betting worker who satisfies section 36(2)(a) was employed on the day…
Section 39 — Reduction of pay etc.
Reduction of pay etc. 39 1 This section applies where— a under the contract of employment under which a shop worker or betting worker who satisfies section 36(2)(a) was employed on the day before the…
Section 40 — Notice of objection to Sunday working.
Notice of objection to Sunday working. 40 1 A shop worker or betting worker to whom this section applies may at any time give his employer written notice, signed and dated by the shop worker or…
Section 41 — Opted-out shop workers and betting workers.
Opted-out shop workers and betting workers. 41 1 Subject to subsection (2), a shop worker or betting worker is to be regarded as “opted-out” for the purposes of any provision of this Act if (and only…
Section 41A — Notice of objection by shop workers to working additional hours on Sunday
Notice of objection by shop workers to working additional hours on Sunday 41A 1 A shop worker may at any time give to his or her employer a written notice, signed and dated by the shop worker, to the…
Section 41B — Explanatory statement: persons who become shop workers
Explanatory statement: persons who become shop workers 41B 1 This section applies where a person becomes a shop worker who, under a contract of employment, is or may be required to do shop work on…
Section 41C — Explanatory statement: shop workers at commencement date
Explanatory statement: shop workers at commencement date 41C 1 This section applies where— a under a contract of employment a shop worker is or may be required to do shop work on Sundays, and b the…