Employment Rights Act 1996
Sections and provisions with full text and the judgments that cite each one.
Section 127 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 127A — Internal appeal procedures.
Internal appeal procedures. 127A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 127B — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 128 — Interim relief pending determination of complaint.
Interim relief pending determination of complaint. 128 1 An employee who presents a complaint to an employment tribunal that he has been unfairly dismissed and— a that the reason (or if more than one…
Section 129 — Procedure on hearing of application and making of order.
Procedure on hearing of application and making of order. 129 1 This section applies where, on hearing an employee's application for interim relief, it appears to the tribunal that it is likely that…
Section 130 — Order for continuation of contract of employment.
Order for continuation of contract of employment. 130 1 An order under section 129 for the continuation of a contract of employment is an order that the contract of employment continue in force— a…
Section 131 — Application for variation or revocation of order.
Application for variation or revocation of order. 131 1 At any time between— a the making of an order under section 129, and b the determination or settlement of the complaint, the employer or the…
Section 132 — Consequence of failure to comply with order.
Consequence of failure to comply with order. 132 1 If, on the application of an employee, an employment tribunal is satisfied that the employer has not complied with the terms of an order for the…
Section 133 — Death of employer or employee.
Death of employer or employee. 133 1 Where— a an employer has given notice to an employee to terminate his contract of employment, and b before that termination the employee or the employer dies,…
Section 134 — Teachers in aided schools.
Teachers in aided schools. 134 1 Where a teacher in a foundation, voluntary aided or foundation special school is dismissed by the governing body of the school in pursuance of a requirement of the…
Section 134A — Application to police.
Application to police. 134A 1 For the purposes of section 100, and of the other provisions of this Part so far as relating to the right not to be unfairly dismissed in a case where the dismissal is…
Section 135 — The right.
The right. 135 1 An employer shall pay a redundancy payment to any employee of his if the employee— a is dismissed by the employer by reason of redundancy, or b is eligible for a redundancy payment…
Section 136 — Circumstances in which an employee is dismissed.
Circumstances in which an employee is dismissed. 136 1 Subject to the provisions of this section and sections 137 and 138, for the purposes of this Part an employee is dismissed by his employer if…
Section 137 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 138 — No dismissal in cases of renewal of contract or re-engagement.
No dismissal in cases of renewal of contract or re-engagement. 138 1 Where— a an employee’s contract of employment is renewed, or he is re-engaged under a new contract of employment in pursuance of…
Section 139 — Redundancy.
Redundancy. 139 1 For the purposes of this Act an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to— a the fact…
Section 140 — Summary dismissal.
Summary dismissal. 140 1 Subject to subsections (2) and (3), an employee is not entitled to a redundancy payment by reason of dismissal where his employer, being entitled to terminate his contract of…
Section 141 — Renewal of contract or re-engagement.
Renewal of contract or re-engagement. 141 1 This section applies where an offer (whether in writing or not) is made to an employee before the end of his employment— a to renew his contract of…
Section 142 — Employee anticipating expiry of employer’s notice.
Employee anticipating expiry of employer’s notice. 142 1 Subject to subsection (3), an employee is not entitled to a redundancy payment where— a he is taken to be dismissed by virtue of section…
Section 143 — Strike during currency of employer’s notice.
Strike during currency of employer’s notice. 143 1 This section applies where— a an employer has given notice to an employee to terminate his contract of employment (“notice of termination”), b after…
Section 144 — Provisions supplementary to section 143.
Provisions supplementary to section 143. 144 1 For the purposes of section 143 an employee complies with the request contained in a notice of extension if, but only if, on each available day within…
Section 145 — The relevant date.
The relevant date. 145 1 For the purposes of the provisions of this Act relating to redundancy payments “ the relevant date ” in relation to the dismissal of an employee has the meaning given by this…
Section 146 — Provisions supplementing sections 138 and 141.
Provisions supplementing sections 138 and 141. 146 1 In sections 138 and 141— a references to re-engagement are to re-engagement by the employer or an associated employer, and b references to an…
Section 147 — Meaning of “lay-off” and “short-time”.
Meaning of “lay-off” and “short-time”. 147 1 For the purposes of this Part an employee shall be taken to be laid off for a week if— a he is employed under a contract on terms and conditions such that…
Section 148 — Eligibility by reason of lay-off or short-time.
Eligibility by reason of lay-off or short-time. 148 1 Subject to the following provisions of this Part, for the purposes of this Part an employee is eligible for a redundancy payment by reason of…
Section 149 — Counter-notices.
Counter-notices. 149 Where an employee gives to his employer notice of intention to claim but— a the employer gives to the employee, within seven days after the service of that notice, notice in…
Section 150 — Resignation.
Resignation. 150 1 An employee is not entitled to a redundancy payment by reason of being laid off or kept on short-time unless he terminates his contract of employment by giving such period of…
Section 151 — Dismissal.
Dismissal. 151 1 An employee is not entitled to a redundancy payment by reason of being laid off or kept on short-time if he is dismissed by his employer. 2 Subsection (1) does not prejudice any…
Section 152 — Likelihood of full employment.
Likelihood of full employment. 152 1 An employee is not entitled to a redundancy payment in pursuance of a notice of intention to claim if— a on the date of service of the notice it was reasonably to…
Section 153 — The relevant date.
The relevant date. 153 For the purposes of the provisions of this Act relating to redundancy payments “ the relevant date ” in relation to a notice of intention to claim or a right to a redundancy…
Section 154 — Provisions supplementing sections 148 and 152.
Provisions supplementing sections 148 and 152. 154 For the purposes of sections 148(2) and 152(2)— a it is immaterial whether a series of weeks consists wholly of weeks for which the employee is laid…
Section 155 — Qualifying period of employment.
Qualifying period of employment. 155 An employee does not have any right to a redundancy payment unless he has been continuously employed for a period of not less than two years ending with the…
Section 156 — Upper age limit.
Upper age limit. 156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 157 — Exemption orders.
Exemption orders. 157 1 Where an order under this section is in force in respect of an agreement covered by this section, an employee who, immediately before the relevant date, is an employee to whom…
Section 158 — Pension rights.
Pension rights. 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 159 — Public offices etc.
Public offices etc. 159 A person does not have any right to a redundancy payment in respect of any employment which— a is employment in a public office within the meaning of section 39 of the…
Section 160 — Overseas government employment.
Overseas government employment. 160 1 A person does not have any right to a redundancy payment in respect of employment in any capacity under the Government of an overseas territory. 2 The reference…
Section 161 — Domestic servants.
Domestic servants. 161 1 A person does not have any right to a redundancy payment in respect of employment as a domestic servant in a private household where the employer is the parent (or…
Section 162 — Amount of a redundancy payment.
Amount of a redundancy payment. 162 1 The amount of a redundancy payment shall be calculated by— a determining the period, ending with the relevant date, during which the employee has been…
Section 163 — References to employment tribunals .
References to employment tribunals . 163 1 Any question arising under this Part as to— a the right of an employee to a redundancy payment, or b the amount of a redundancy payment, shall be referred…
Section 164 — Claims for redundancy payment.
Claims for redundancy payment. 164 1 An employee does not have any right to a redundancy payment unless, before the end of the period of six months beginning with the relevant date— a the payment has…
Section 165 — Written particulars of redundancy payment.
Written particulars of redundancy payment. 165 1 On making any redundancy payment, otherwise than in pursuance of a decision of a tribunal which specifies the amount of the payment to be made, the…
Section 166 — Applications for payments.
Applications for payments. 166 1 Where an employee claims that his employer is liable to pay to him an employer’s payment and either— a that the employee has taken all reasonable steps, other than…
Section 167 — Making of payments.
Making of payments. 167 1 Where, on an application under section 166 by an employee in relation to an employer’s payment, the Secretary of State is satisfied that the requirements specified in…
Section 168 — Amount of payments.
Amount of payments. 168 1 The sum payable to an employee by the Secretary of State under section 167— a where the employer’s payment to which the employee’s application under section 166 relates is a…
Section 169 — Information relating to applications for payments.
Information relating to applications for payments. 169 1 Where an employee makes an application to the Secretary of State under section 166, the Secretary of State may, by notice in writing given to…
Section 170 — References to employment tribunals .
References to employment tribunals . 170 1 Where on an application made to the Secretary of State for a payment under section 166 it is claimed that an employer is liable to pay an employer’s…
Section 171 — Employment not under contract of employment.
Employment not under contract of employment. 171 1 The Secretary of State may by regulations provide that, subject to such exceptions and modifications as may be prescribed by the regulations, this…
Section 172 — Termination of employment by statute.
Termination of employment by statute. 172 1 The Secretary of State may by regulations provide that, subject to such exceptions and modifications as may be prescribed by the regulations, this Part has…
Section 173 — Employees paid by person other than employer.
Employees paid by person other than employer. 173 1 For the purposes of the operation of the provisions of this Part (and Chapter I of Part XIV) in relation to any employee whose remuneration is, by…