Employment Rights Act 1996
Sections and provisions with full text and the judgments that cite each one.
Section 41D — Failure to give explanatory statement under section 41B or 41C
Failure to give explanatory statement under section 41B or 41C 41D 1 This section applies if an employer fails to give to a shop worker a written statement in accordance with— a section 41B(2) and…
Section 42 — Explanatory statement : betting workers .
Explanatory statement : betting workers . 42 1 Where a person becomes a ... betting worker to whom section 40 applies, his employer shall, before the end of the period of two months beginning with…
Section 43 — Contractual requirements relating to Sunday work : opting-out notices .
Contractual requirements relating to Sunday work : opting-out notices . 43 1 Where a shop worker or betting worker gives his employer an opting-out notice, the contract of employment under which he…
Section 43A — Meaning of “protected disclosure”.
Meaning of “protected disclosure”. 43A In this Act a “ protected disclosure ” means a qualifying disclosure (as defined by section 43B) which is made by a worker in accordance with any of sections…
Section 43FA — Prescribed persons: duty to report on disclosures of information
Prescribed persons: duty to report on disclosures of information 43FA 1 The Secretary of State may make regulations requiring a person prescribed for the purposes of section 43F to produce an annual…
Section 43KA — Application of this Part and related provisions to police
Application of this Part and related provisions to police 43KA 1 For the purposes of— a this Part, b section 47B and sections 48 and 49 so far as relating to that section, and c section 103A and the…
Section 43ZA — Contractual requirements relating to working additional hours on Sundays: objection notices
Contractual requirements relating to working additional hours on Sundays: objection notices 43ZA 1 Where a shop worker gives to his or her employer an objection notice, any agreement entered into…
Section 43B — Disclosures qualifying for protection.
Disclosures qualifying for protection. 43B 1 In this Part a “ qualifying disclosure ” means any disclosure of information which, in the reasonable belief of the worker making the disclosure, is made…
Section 43ZB — Interpretation
Interpretation 43ZB 1 In this Part— “ additional hours ” has the meaning given in section 41A(2); “ large shop ” means a shop which has a relevant floor area exceeding 280 square metres; “ objection…
Section 43C — Disclosure to employer or other responsible person.
Disclosure to employer or other responsible person. 43C 1 A qualifying disclosure is made in accordance with this section if the worker makes the disclosure ...— a to his employer, or b where the…
Section 43D — Disclosure to legal adviser.
Disclosure to legal adviser. 43D A qualifying disclosure is made in accordance with this section if it is made in the course of obtaining legal advice.
Section 43E — Disclosure to Minister of the Crown.
Disclosure to Minister of the Crown. 43E A qualifying disclosure is made in accordance with this section if— a the worker’s employer is— i an individual appointed under any enactment (including any…
Section 43F — Disclosure to prescribed person.
Disclosure to prescribed person. 43F 1 A qualifying disclosure is made in accordance with this section if the worker— a makes the disclosure ... to a person prescribed by an order made by the…
Section 43G — Disclosure in other cases.
Disclosure in other cases. 43G 1 A qualifying disclosure is made in accordance with this section if— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b the worker reasonably believes…
Section 43H — Disclosure of exceptionally serious failure.
Disclosure of exceptionally serious failure. 43H 1 A qualifying disclosure is made in accordance with this section if— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b the worker…
Section 43J — Contractual duties of confidentiality.
Contractual duties of confidentiality. 43J 1 Any provision in an agreement to which this section applies is void in so far as it purports to preclude the worker from making a protected disclosure. 2…
Section 43K — Extension of meaning of “worker” etc. for Part IVA.
Extension of meaning of “worker” etc. for Part IVA. 43K 1 For the purposes of this Part “ worker ” includes an individual who is not a worker as defined by section 230(3) but who— a works or worked…
Section 43L — Other interpretative provisions.
Other interpretative provisions. 43L 1 In this Part— “ qualifying disclosure ” has the meaning given by section 43B; “ the relevant failure ”, in relation to a qualifying disclosure, has the meaning…
Section 43M — Jury service
Jury service 43M 1 An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer on the ground that the employee— a has been summoned…
Section 44 — Health and safety cases.
Health and safety cases. 44 1 An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that— a having been…
Section 45 — Sunday working for shop and betting workers.
Sunday working for shop and betting workers. 45 1 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, has the…
Section 45A — Working time cases.
Working time cases. 45A 1 A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker— a refused (or…
Section 45ZA — Sunday working for shop workers: additional hours
Sunday working for shop workers: additional hours 45ZA 1 Subsection (2) applies where a shop worker has given an objection notice to his or her employer and the notice has not been withdrawn. 2 The…
Section 46 — Trustees of occupational pension schemes.
Trustees of occupational pension schemes. 46 1 An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that,…
Section 47 — Employee representatives.
Employee representatives. 47 1 An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that, being— a an…
Section 47A — Employees exercising right to time off work for study or training.
Employees exercising right to time off work for study or training. 47A 1 An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer…
Section 47B — Protected disclosures.
Protected disclosures. 47B 1 A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a…
Section 47C — Leave for family and domestic reasons.
Leave for family and domestic reasons. 47C 1 An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done for a prescribed reason.…
Section 47D — Tax credits
Tax credits 47D 1 An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer, done on the ground that— a any action was taken, or was…
Section 47E — Flexible working
Flexible working 47E 1 An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the employee— a made (or…
Section 47F — Study and training
Study and training 47F 1 An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground that the employee—…
Section 47G — Employee shareholder status
Employee shareholder status 47G 1 An employee has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground that the…
Section 48 — Complaints to employment tribunals .
Complaints to employment tribunals . 48 1 An employee may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 43M, 44(1) , 45, 46, 47,…
Section 49 — Remedies.
Remedies. 49 1 Where an employment tribunal finds a complaint under section 48(1), (1XA), (1ZA), (1A) or (1B) well-founded, the tribunal— a shall make a declaration to that effect, and b may make an…
Section 49B — Regulations prohibiting discrimination because of protected disclosure
Regulations prohibiting discrimination because of protected disclosure 49B 1 The Secretary of State may make regulations prohibiting an NHS employer from discriminating against an applicant because…
Section 49D — Redundancy or dismissal during a protected period of pregnancy
Redundancy or dismissal during a protected period of pregnancy 49D 1 The Secretary of State may, by regulations, make provision about redundancy during, or after, a protected period of pregnancy. 1A…
Section 49E — Section 49D: supplemental
Section 49D: supplemental 49E Regulations under section 49D may— a make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers; b…
Section 50 — Right to time off for public duties.
Right to time off for public duties. 50 1 An employer shall permit an employee of his who is— a a justice of the peace, or b an independent prison monitor appointed in accordance with section 7B(2)…
Section 51 — Complaints to employment tribunals .
Complaints to employment tribunals . 51 1 An employee may present a complaint to an employment tribunal that his employer has failed to permit him to take time off as required by section 50. 2 An…
Section 52 — Right to time off to look for work or arrange training.
Right to time off to look for work or arrange training. 52 1 An employee who is given notice of dismissal by reason of redundancy is entitled to be permitted by his employer to take reasonable time…
Section 53 — Right to remuneration for time off under section 52.
Right to remuneration for time off under section 52. 53 1 An employee who is permitted to take time off under section 52 is entitled to be paid remuneration by his employer for the period of absence…
Section 54 — Complaints to employment tribunals .
Complaints to employment tribunals . 54 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 55 — Right to time off for ante-natal care.
Right to time off for ante-natal care. 55 1 An employee who— a is pregnant, and b has, on the advice of a registered medical practitioner, registered midwife or registered nurse , made an appointment…
Section 56 — Right to remuneration for time off under section 55.
Right to remuneration for time off under section 55. 56 1 An employee who is permitted to take time off under section 55 is entitled to be paid remuneration by her employer for the period of absence…
Section 57 — Complaints to employment tribunals .
Complaints to employment tribunals . 57 1 An employee may present a complaint to an employment tribunal that her employer— a has unreasonably refused to permit her to take time off as required by…
Section 57ZA — Right to time off for ante-natal care (agency workers)
Right to time off for ante-natal care (agency workers) 57ZA (1) An agency worker who— a is pregnant, and b has, on the advice of a registered medical practitioner, registered midwife or registered…
Section 57B — Complaint to employment tribunal.
Complaint to employment tribunal. 57B 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…
Section 57ZB — Right to remuneration for time off under section 57ZA
Right to remuneration for time off under section 57ZA 57ZB An agency worker who is permitted to take time off under section 57ZA is entitled to be paid remuneration by the temporary work agency for…
Section 57ZC — Complaint to employment tribunal: agency workers
Complaint to employment tribunal: agency workers 57ZC An agency worker may present a complaint to an employment tribunal that the temporary work agency— a has unreasonably refused to permit her to…
Section 57ZD — Agency workers: supplementary
Agency workers: supplementary 57ZD Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law sections 57ZA to 57ZC do not apply where the agency…