Employment Rights Act 1996
Sections and provisions with full text and the judgments that cite each one.
Section 98B — Jury service
Jury service 98B 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…
Section 98ZB — No normal retirement age: dismissal at or after 65
No normal retirement age: dismissal at or after 65 98ZB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 98ZC — Normal retirement age: dismissal before retirement age
Normal retirement age: dismissal before retirement age 98ZC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 98ZD — Normal retirement age 65 or higher: dismissal at or after retirement age
Normal retirement age 65 or higher: dismissal at or after retirement age 98ZD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 98ZE — Normal retirement age below 65: dismissal at or after retirement age
Normal retirement age below 65: dismissal at or after retirement age 98ZE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 98ZF — Reason for dismissal: particular matters
Reason for dismissal: particular matters 98ZF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 98ZG — Retirement dismissals: fairness
Retirement dismissals: fairness 98ZG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 98ZH — Interpretation
Interpretation 98ZH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 99 — Leave for family reasons.
Leave for family reasons. 99 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…
Section 100 — Health and safety cases.
Health and safety cases. 100 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…
Section 101 — Shop workers and betting workers who refuse Sunday work.
Shop workers and betting workers who refuse Sunday work. 101 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…
Section 101A — Working time cases.
Working time cases. 101A 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…
Section 101ZA — Shop workers who refuse to work additional hours on Sunday
Shop workers who refuse to work additional hours on Sunday 101ZA 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…
Section 102 — Trustees of occupational pension schemes.
Trustees of occupational pension schemes. 102 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…
Section 103 — Employee representatives.
Employee representatives. 103 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…
Section 103A — Protected disclosure.
Protected disclosure. 103A 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…
Section 104 — Assertion of statutory right.
Assertion of statutory right. 104 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…
Section 104B — Tax credits
Tax credits 104B 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…
Section 104C — Flexible working
Flexible working 104C 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…
Section 104D — Pension enrolment
Pension enrolment 104D 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…
Section 104E — Study and training
Study and training 104E An employee who is dismissed is to 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…
Section 104F — Blacklists
Blacklists 104F 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…
Section 104G — Employee shareholder status
Employee shareholder status 104G An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the…
Section 104I — Contracts of employment: restricted variations
Contracts of employment: restricted variations 104I 1 An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if— a the employee was employed for the…
Section 104J — Contracts of employment: variations that are not restricted variations
Contracts of employment: variations that are not restricted variations 104J 1 This section applies to the dismissal of an employee if— a the employee was employed for the purposes of a business…
Section 104K — Redundancy: replacement of employees with people who are not employees
Redundancy: replacement of employees with people who are not employees 104K 1 An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if— a the employee was…
Section 105 — Redundancy.
Redundancy. 105 1 An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if— a the reason (or, if more than one, the principal reason) for the dismissal is…
Section 106 — Replacements.
Replacements. 106 1 Where this section applies to an employee he shall be regarded for the purposes of section 98(1)(b) as having been dismissed for a substantial reason of a kind such as to justify…
Section 107 — Pressure on employer to dismiss unfairly.
Pressure on employer to dismiss unfairly. 107 1 This section applies where there falls to be determined for the purposes of this Part a question— a as to the reason, or principal reason, for which an…
Section 108 — Qualifying period of employment.
Qualifying period of employment. 108 1 Section 94 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than two years ending with the…
Section 109 — Upper age limit.
Upper age limit. 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 110 — Dismissal procedures agreements.
Dismissal procedures agreements. 110 1 Where a dismissal procedures agreement is designated by an order under subsection (3) which is for the time being in force— a the provisions of that agreement…
Section 111 — Complaints to employment tribunal .
Complaints to employment tribunal . 111 1 A complaint may be presented to an employment tribunal against an employer by any person that he was unfairly dismissed by the employer. 2 Subject to the…
Section 111A — Confidentiality of negotiations before termination of employment
Confidentiality of negotiations before termination of employment 111A 1 Evidence of pre-termination negotiations is inadmissible in any proceedings on a complaint under section 111. This is subject…
Section 112 — The remedies: orders and compensation.
The remedies: orders and compensation. 112 1 This section applies where, on a complaint under section 111, an employment tribunal finds that the grounds of the complaint are well-founded. 2 The…
Section 113 — The orders.
The orders. 113 An order under this section may be— a an order for reinstatement (in accordance with section 114), or b an order for re-engagement (in accordance with section 115), as the tribunal…
Section 114 — Order for reinstatement.
Order for reinstatement. 114 1 An order for reinstatement is an order that the employer shall treat the complainant in all respects as if he had not been dismissed. 2 On making an order for…
Section 115 — Order for re-engagement.
Order for re-engagement. 115 1 An order for re-engagement is an order, on such terms as the tribunal may decide, that the complainant be engaged by the employer, or by a successor of the employer or…
Section 116 — Choice of order and its terms.
Choice of order and its terms. 116 1 In exercising its discretion under section 113 the tribunal shall first consider whether to make an order for reinstatement and in so doing shall take into…
Section 117 — Enforcement of order and compensation.
Enforcement of order and compensation. 117 1 An employment tribunal shall make an award of compensation, to be paid by the employer to the employee, if— a an order under section 113 is made and the…
Section 118 — General.
General. 118 1 . . .Where a tribunal makes an award of compensation for unfair dismissal under section 112(4) or 117(3)(a) the award shall consist of— a a basic award (calculated in accordance with…
Section 119 — Basic award.
Basic award. 119 1 Subject to the provisions of this section, sections 120 to 122 and section 126, the amount of the basic award shall be calculated by— a determining the period, ending with the…
Section 120 — Basic award: minimum in certain cases.
Basic award: minimum in certain cases. 120 1 The amount of the basic award (before any reduction under section 122) shall not be less than £9,157 where the reason (or, if more than one, the principal…
Section 121 — Basic award of two weeks’ pay in certain cases.
Basic award of two weeks’ pay in certain cases. 121 The amount of the basic award shall be two weeks’ pay where the tribunal finds that the reason (or, where there is more than one, the principal…
Section 122 — Basic award: reductions.
Basic award: reductions. 122 1 Where the tribunal finds that the complainant has unreasonably refused an offer by the employer which (if accepted) would have the effect of reinstating the complainant…
Section 123 — Compensatory award.
Compensatory award. 123 1 Subject to the provisions of this section and sections 124 , 124A and 126 , the amount of the compensatory award shall be such amount as the tribunal considers just and…
Section 124 — Limit of compensatory award etc.
Limit of compensatory award etc. 124 1 The amount of— a any compensation awarded to a person under section 117(1) and (2), or b a compensatory award to a person calculated in accordance with section…
Section 124A — Adjustments under the Employment Act 2002
Adjustments under the Employment Act 2002 124A Where an award of compensation for unfair dismissal falls to be— a reduced or increased under section 207A of the Trade Union and Labour Relations…
Section 125 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Section 126 — Acts which are both unfair dismissal and discrimination.
Acts which are both unfair dismissal and discrimination. 126 1 This section applies where compensation falls to be awarded in respect of any act both under— a the provisions of this Act relating to…