Employment Rights Act 1996
Sections and provisions with full text and the judgments that cite each one.
Section 174 — Death of employer: dismissal.
Death of employer: dismissal. 174 1 Where the contract of employment of an employee is taken for the purposes of this Part to be terminated by his employer by reason of the employer’s death, this…
Section 175 — Death of employer: lay-off and short-time.
Death of employer: lay-off and short-time. 175 1 Where an employee is laid off or kept on short-time and his employer dies, this Part has effect in accordance with the following provisions of this…
Section 176 — Death of employee.
Death of employee. 176 1 Where an employee whose employer has given him notice to terminate his contract of employment dies before the notice expires, this Part applies as if the contract had been…
Section 177 — References to employment tribunals .
References to employment tribunals . 177 1 Where the terms and conditions (whether or not they constitute a contract of employment) on which a person is employed in employment of any description…
Section 178 — Old statutory compensation schemes.
Old statutory compensation schemes. 178 1 The Secretary of State may make provision by regulations for securing that where— a (apart from this section) a person is entitled to compensation under a…
Section 179 — Notices.
Notices. 179 1 Any notice which under this Part is required or authorised to be given by an employer to an employee may be given by being delivered to the employee, or left for him at his usual or…
Section 180 — Offences.
Offences. 180 1 Where an offence under this Part committed by a body corporate is proved— a to have been committed with the consent or connivance of, or b to be attributable to any neglect on the…
Section 181 — Interpretation.
Interpretation. 181 1 In this Part— “ counter-notice ” shall be construed in accordance with section 149(a), “ dismissal ” and “ dismissed ” shall be construed in accordance with sections 136 to 138,…
Section 182 — Employee’s rights on insolvency of employer.
Employee’s rights on insolvency of employer. 182 If, on an application made to him in writing by an employee, the Secretary of State is satisfied that— a the employee’s employer has become insolvent,…
Section 183 — Insolvency.
Insolvency. 183 1 An employer has become insolvent for the purposes of this Part— a where the employer is an individual, if (but only if) subsection (2), (4ZA) or (4A) is satisfied, . . . b where the…
Section 184 — Debts to which Part applies.
Debts to which Part applies. 184 1 This Part applies to the following debts— a any arrears of pay in respect of one or more (but not more than eight) weeks, b any amount which the employer is liable…
Section 185 — The appropriate date.
The appropriate date. 185 In this Part “ the appropriate date ”— a in relation to arrears of pay (not being remuneration under a protective award made under section 189 of the Trade Union and Labour…
Section 186 — Limit on amount payable under section 182.
Limit on amount payable under section 182. 186 1 The total amount payable to an employee in respect of any debt to which this Part applies, where the amount of the debt is referable to a period of…
Section 187 — Role of relevant officer.
Role of relevant officer. 187 1 Where a relevant officer has been, or is required to be, appointed in connection with an employer’s insolvency, the Secretary of State shall not make a payment under…
Section 188 — Complaints to employment tribunals .
Complaints to employment tribunals . 188 1 A person who has applied for a payment under section 182 may present a complaint to an employment tribunal — a that the Secretary of State has failed to…
Section 189 — Transfer to Secretary of State of rights and remedies.
Transfer to Secretary of State of rights and remedies. 189 1 Where, in pursuance of section 182, the Secretary of State makes a payment to an employee in respect of a debt to which this Part applies—…
Section 190 — Power to obtain information.
Power to obtain information. 190 1 Where an application is made to the Secretary of State under section 182 in respect of a debt owed by an employer, the Secretary of State may require— a the…
Section 191 — Crown employment.
Crown employment. 191 1 Subject to sections 192 and 193, the provisions of this Act to which this section applies have effect in relation to Crown employment and persons in Crown employment as they…
Section 192 — Armed forces.
Armed forces. 192 1 Section 191— a applies to service as a member of the naval, military or air forces of the Crown but subject to the following provisions of this section, and b applies to…
Section 193 — National security.
National security. 193 Part IVA and section 47B of this Act do not apply in relation to employment for the purposes of— a the Security Service, b the Secret Intelligence Service, or c the Government…
Section 194 — House of Lords staff.
House of Lords staff. 194 1 The provisions of this Act to which this section applies have effect in relation to employment as a relevant member of the House of Lords staff as they have effect in…
Section 195 — House of Commons staff.
House of Commons staff. 195 1 The provisions of this Act to which this section applies have effect in relation to employment as a relevant member of the House of Commons staff as they have effect in…
Section 196 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
Section 197 — Fixed-term contracts.
Fixed-term contracts. 197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 198 — Short-term employment.
Short-term employment. 198 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 199 — Mariners.
Mariners. 199 1 Sections 1 to 7, Parts 2 and 2B and sections 86 to 91 do not apply to a person employed as a seaman in a ship registered in the United Kingdom under a crew agreement the provisions…
Section 200 — Police officers.
Police officers. 200 1 Sections 8 to 10, Part III . . . , sections 43M, . . ., 45, 45A, 47 . . . , 47C, 50 to 57B and 61 to 63, Parts VII and VIII, sections 92 and 93 and , Part X (except sections…
Section 201 — Power to extend employment legislation to offshore employment.
Power to extend employment legislation to offshore employment. 201 1 In this section “ offshore employment ” means employment for the purposes of activities— a in the territorial waters of the United…
Section 202 — National security.
National security. 202 1 Where in the opinion of any Minister of the Crown the disclosure of any information would be contrary to the interests of national security— a nothing in any of the…
Section 202A — Contractual duties of confidentiality relating to harassment and discrimination
Contractual duties of confidentiality relating to harassment and discrimination 202A 1 Any provision in an agreement between an employer and a worker of the employer (whether a worker’s contract or…
Section 203 — Restrictions on contracting out.
Restrictions on contracting out. 203 1 Any provision in an agreement (whether a contract of employment or not) is void in so far as it purports— a to exclude or limit the operation of any provision…
Section 204 — Law governing employment.
Law governing employment. 204 1 For the purposes of this Act it is immaterial whether the law which (apart from this Act) governs any person’s employment is the law of the United Kingdom, or of a…
Section 205 — Remedy for infringement of certain rights.
Remedy for infringement of certain rights. 205 1 The remedy of an employee for infringement of any of the rights conferred by section 8, Part III, Parts V to VIII, Part 8B, section 92, Part X and…
Section 205A — Employee shareholders
Employee shareholders 205A 1 An individual who is or becomes an employee of a company is an “ employee shareholder ” if— a the company and the individual agree that the individual is to be an…
Section 206 — Institution or continuance of tribunal proceedings.
Institution or continuance of tribunal proceedings. 206 1 Where an employer has died, any tribunal proceedings arising under any of the provisions of this Act to which this section applies may be…
Section 207 — Rights and liabilities accruing after death.
Rights and liabilities accruing after death. 207 1 Any right arising under any of the provisions of this Act to which this section applies which accrues after the death of an employee devolves as if…
Section 207A — Extension of time limits because of mediation in certain cross-border disputes
Extension of time limits because of mediation in certain cross-border disputes 207A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 207B — Extension of time limits to facilitate conciliation before institution of proceedings
Extension of time limits to facilitate conciliation before institution of proceedings 207B 1 This section applies where this Act provides for it to apply for the purposes of a provision of this Act…
Section 208 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
Section 209 — Powers to amend Act.
Powers to amend Act. 209 1 The Secretary of State may by order— a provide that any provision of this Act, other than any to which this paragraph does not apply, which is specified in the order shall…
Section 210 — Introductory.
Introductory. 210 1 References in any provision of this Act to a period of continuous employment are (unless provision is expressly made to the contrary) to a period computed in accordance with this…
Section 211 — Period of continuous employment.
Period of continuous employment. 211 1 An employee’s period of continuous employment for the purposes of any provision of this Act— a (subject to subsection (3)) begins with the day on which the…
Section 212 — Weeks counting in computing period.
Weeks counting in computing period. 212 1 Any week during the whole or part of which an employee’s relations with his employer are governed by a contract of employment counts in computing the…
Section 213 — Intervals in employment.
Intervals in employment. 213 1 Where in the case of an employee a date later than the date which would be the effective date of termination by virtue of subsection (1) of section 97 is treated for…
Section 214 — Special provisions for redundancy payments.
Special provisions for redundancy payments. 214 1 This section applies where a period of continuous employment has to be determined in relation to an employee for the purposes of the application of…
Section 215 — Employment abroad etc.
Employment abroad etc. 215 1 This Chapter applies to a period of employment— a (subject to the following provisions of this section) even where during the period the employee was engaged in work…
Section 216 — Industrial disputes.
Industrial disputes. 216 1 A week does not count under section 212 if during the week, or any part of the week, the employee takes part in a strike. 2 The continuity of an employee’s period of…
Section 217 — Reinstatement after military service.
Reinstatement after military service. 217 1 If a person who is entitled to apply to his former employer under the Reserve Forces (Safeguard of Employment) Act 1985 enters the employment of the…
Section 218 — Change of employer.
Change of employer. 218 1 Subject to the provisions of this section, this Chapter relates only to employment by the one employer. 2 If a trade or business, or an undertaking (whether or not…
Section 219 — Reinstatement or re-engagement of dismissed employee.
Reinstatement or re-engagement of dismissed employee. 219 1 Regulations made by the Secretary of State may make provision— a for preserving the continuity of a person’s period of employment for the…