Employment Rights Act 2025

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Chapter 1 — Exclusivity terms and other restrictions

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Chapter 2 — Right to guaranteed hours

Guaranteed hours offers

27BA Right for qualifying workers to be offered guaranteed hours

(1) An employer must make a guaranteed hours offer to a worker in accordance with section 27BB after the end of every period—

(a) that is a reference period in relation to that worker and that employer, and

(b) in relation to which the worker is a qualifying worker of the employer.

(2) Section 27BD makes provision for exceptions to this duty, including in certain cases where the worker ceases to be employed by the employer.

(3) A worker is a qualifying worker of an employer in relation to a reference period if—

(a) during the reference period the worker was employed by the employer under one or more worker’s contracts (whether or not continuously) and either—

(i) the worker’s contract was, or the worker’s contracts were, a zero hours contract or entered into in accordance with a zero hours arrangement, or

(ii) the worker’s contract, or the worker’s contracts (taken together), required the employer, or were entered into in accordance with an arrangement that required the employer, to make work available to the worker during the reference period for a number of hours (“the minimum number of hours”) not exceeding a specified number of hours,

(b) during the reference period the worker worked under the worker’s contract or the worker’s contracts (taken together) for a number of hours (the “reference period hours”),

(c) where paragraph (a)(ii) applies, the reference period hours exceeded the minimum number of hours,

(d) the reference period hours satisfy such conditions (or, where paragraph (a)(ii) applies, such further conditions) as to number, regularity or otherwise as are specified, and

(e) when the worker worked the reference period hours, it was not as an excluded worker or an agency worker (but see Part 1 of Schedule A1 for provision about guaranteed hours and agency workers).

(4) In relation to a worker and the worker’s employer, each of the following is a “reference period”—

(a) the initial reference period, and

(b) each subsequent reference period.

(5) “The initial reference period”, in relation to a worker and the worker’s employer, means the period—

(a) beginning with—

(i) where the worker is employed by the employer on the day on which subsection (1) comes into force (“the commencement day”), the commencement day, or

(ii) where the worker is not so employed, the first day after the commencement day on which the worker is employed by the employer, and

(b) ending with the specified day.

(6) A “subsequent reference period”, in relation to a worker and the worker’s employer, means a period beginning and ending with the specified days.

(7) For the purposes of this Chapter—

(a) references to a “qualifying worker” are to a worker who is a qualifying worker of an employer in relation to a reference period by virtue of subsection (3), and

(b) the reference period in relation to which the worker is a qualifying worker of the employer is referred to as “the relevant reference period”.

(8) If, during a reference period—

(a) a worker was employed by an employer under one or more worker’s contracts of the type described in subsection (3)(a)(i) and one or more worker’s contracts of the type described in subsection (3)(a)(ii), and

(b) the hours that the worker worked under the worker’s contract, or the worker’s contracts, that are of the type described in subsection (3)(a)(ii) did not exceed the minimum number of hours,

the worker’s contract, or the worker’s contracts, that are of the type described in subsection (3)(a)(ii) are to be disregarded in the application of this Chapter (other than this subsection) in relation to the worker and the reference period (and accordingly that worker’s contract, or those worker’s contracts, are to be treated as not existing).

(9) Nothing in this Chapter prevents an employer from making one or more other offers to a qualifying worker, to vary the worker’s terms and conditions of employment or enter into a new worker’s contract, at the same time as making a guaranteed hours offer.

(10) Regulations made under subsection (3)(d), (5) or (6) may, in particular, include provision to take account of time when a worker does not work for a specified reason.

(11) In this section, “excluded worker” means a worker who is of a specified description.

27BB Requirements relating to a guaranteed hours offer

(1) An offer by an employer to a qualifying worker is a guaranteed hours offer for the purposes of this Chapter if it is an offer—

(a) to vary the worker’s terms and conditions of employment (but see subsection (6)), or

(b) to enter into a new worker’s contract,

and the terms and conditions as varied or (as the case may be) the new worker’s contract will require the employer to provide the qualifying worker with work, and the qualifying worker to do work, for a number of hours that reflects the reference period hours in the relevant reference period.

(2) The Secretary of State may by regulations provide that an offer by an employer to a qualifying worker is a guaranteed hours offer for the purposes of this Chapter only if it also satisfies the condition in subsection (3).

(3) The condition referred to in subsection (2) is that—

(a) the offer sets out—

(i) the days of the week, and the times on those days, when the offered number of hours are to be provided and worked, or

(ii) a working pattern of days, and times of day, by reference to which the offered number of hours are to be provided and worked, and

(b) those days and times reflect, or that pattern reflects, when the qualifying worker worked the reference period hours in the relevant reference period.

(4) Where no regulations are in force under subsection (2) that apply in relation to an offer by an employer to a qualifying worker, the offer is a guaranteed hours offer for the purposes of this Chapter only if it also proposes terms and conditions relating to when the offered number of hours are to be provided and worked (which need not be on particular days of the week, or at particular times on those days, or by reference to a particular working pattern of days or times of day).

(5) The Secretary of State may by regulations make provision about how it is to be determined—

(a) whether an offer reflects the number of hours worked by a qualifying worker during a reference period;

(b) where regulations are in force under subsection (2) that apply in relation to an offer, whether the offer reflects when hours were worked by a qualifying worker during a reference period.

(6) A guaranteed hours offer may take the form of an offer to vary a qualifying worker’s terms and conditions of employment (as opposed to an offer to enter into a new worker’s contract) only if—

(a) the qualifying worker worked for the employer under a worker’s contract at the beginning of the relevant reference period,

(b) the qualifying worker is still working for the employer under that worker’s contract on the day the offer is made, and

(c) the qualifying worker did not work for the employer under any other worker’s contract during the period beginning with the first day of the relevant reference period and ending with the day the offer is made.

(7) A guaranteed hours offer that takes the form of an offer to vary a qualifying worker’s terms and conditions of employment—

(a) must propose the removal of any term that provides for the contract to terminate by virtue of a limiting event unless, if the contract were entered into on the day the offer is made, it would be reasonable for it to be entered into as a limited-term contract;

(b) may not propose any other variation of the worker’s terms and conditions of employment (other than what is required by or under subsections (1) and (2) or subsections (1) and (4)).

(8) A guaranteed hours offer that takes the form of an offer to enter into a new worker’s contract—

(a) must not propose a new worker’s contract that is a limited-term contract unless it is reasonable for it to be entered into as such a contract, and

(b) must (in addition to what is required by or under subsections (1) and (2) or subsections (1) and (4)) propose terms and conditions of employment—

(i) that, taken as a whole, are no less favourable than the terms and conditions of employment relating to matters other than working hours and length of employment that the qualifying worker had when working for the employer during the relevant reference period, or

(ii) where section 27BC applies, that comply with subsection (2) of that section.

(9) For the purposes of this section it is reasonable for a worker’s contract of a qualifying worker to be entered into as a limited-term contract only if—

(a) it is reasonable for the qualifying worker’s employer to consider that the worker is only needed to perform a specific task and the contract provides for termination when the task has been performed,

(b) it is reasonable for the qualifying worker’s employer to consider that the worker is only needed until the occurrence of an event (or the failure of an event to occur) and the contract provides for termination on the occurrence of the event (or the failure of the event to occur), or

(c) it is reasonable for the qualifying worker’s employer to consider that there is only a temporary need of a specified description (not falling within paragraph (a) or (b)) for the qualifying worker to do work under the contract and the contract is to expire at a time when it is reasonable for the employer to consider that the temporary need will come to an end.

(10) A guaranteed hours offer—

(a) must be made by no later than the specified day,

(b) must be made in the specified form and manner, and

(c) must be accompanied by specified information relating to the offer.

(11) The Secretary of State may by regulations make provision about when a guaranteed hours offer is to be treated as having been made.

(12) In this section, “reference period hours”, in relation to a qualifying worker and a relevant reference period, has the same meaning as in section 27BA(3).

27BC Requirements relating to a guaranteed hours offer: supplementary

(1) This section applies where—

(a) a guaranteed hours offer made by an employer to a qualifying worker takes the form of an offer to enter into a new worker’s contract, and

(b) during the relevant reference period—

(i) the qualifying worker worked for the employer under more than one worker’s contract and did not have the same terms and conditions of employment relating to matters other than working hours and length of employment under those worker’s contracts, or

(ii) the qualifying worker worked for the employer under only one worker’s contract but there was a variation during the relevant reference period of the qualifying worker’s terms and conditions of employment relating to matters other than working hours and length of employment.

(2) Where this section applies, the guaranteed hours offer may propose terms and conditions of employment (in addition to what is required by or under section 27BB(1) and (2) or section 27BB(1) and (4)) that, taken as a whole, are less favourable than the most favourable terms and conditions of employment relating to matters other than working hours and length of employment that the qualifying worker had when working for the employer during the relevant reference period, but only if—

(a) those proposed terms and conditions, taken as a whole, are no less favourable than the least favourable terms and conditions relating to matters other than working hours and length of employment that the qualifying worker had when working for the employer during the relevant reference period, and

(b) the proposal of those terms by the employer constitutes a proportionate means of achieving a legitimate aim.

(3) If an employer relies on subsection (2) when making a guaranteed hours offer to a qualifying worker, the employer must give to the qualifying worker a notice that—

(a) states that the employer has done so, and

(b) explains how the proposed terms and conditions constitute a proportionate means of achieving a legitimate aim.

(4) A notice under subsection (3) must be given by no later than the same day, and in the same form and manner, as the guaranteed hours offer (see section 27BB(10)).

27BD Guaranteed hours offer: exceptions to duty to make offer and withdrawal of offer

(1) The duty imposed by section 27BA(1) on an employer in relation to a qualifying worker does not apply if during the relevant reference period or the offer period there is a relevant termination of—

(a) the worker’s contract under which the qualifying worker has been working for the employer, or

(b) the arrangement in accordance with the terms of which the qualifying worker has been working for the employer.

(2) A guaranteed hours offer made by an employer to a qualifying worker is to be treated as having been withdrawn if during the response period there is a relevant termination of—

(a) the worker’s contract under which the qualifying worker has been working for the employer, or

(b) the arrangement in accordance with the terms of which the qualifying worker has been working for the employer.

(3) Where a qualifying worker works for an employer under more than one worker’s contract, or in accordance with the terms of more than one arrangement, during—

(a) the relevant reference period,

(b) the offer period, or

(c) the response period,

the references in subsections (1) and (2) to the worker’s contract or (as the case may be) the arrangement are to the worker’s contract under which, or (as the case may be) the arrangement in accordance with the terms of which, the qualifying worker last worked for the employer before the end of the period in question.

(4) There is a relevant termination of a worker’s contract entered into between a qualifying worker and an employer if—

(a) the qualifying worker terminates (with or without notice) the worker’s contract otherwise than in circumstances in which the worker is entitled to terminate it without notice by reason of the employer’s conduct,

(b) the employer terminates (with or without notice) the worker’s contract and—

(i) the employer’s reason for doing so (or, if more than one, the employer’s principal reason for doing so) is a qualifying reason, and

(ii) in the circumstances (including the size and administrative resources of the employer’s undertaking) the employer acts reasonably in treating the reason (or the principal reason) as a sufficient reason for terminating the contract, or

(c) the worker’s contract terminates by virtue of a limiting event and it was reasonable for the contract to have been entered into as a limited-term contract.

(5) There is a relevant termination of an arrangement entered into between a qualifying worker and an employer if—

(a) the qualifying worker or the employer terminates the arrangement and the termination is equivalent to a termination falling within subsection (4)(a) or (b), or

(b) the arrangement was not intended to be permanent and the termination of it is equivalent to a termination falling within subsection (4)(c).

(6) The Secretary of State may by regulations make provision for the duty imposed by section 27BA(1) not to apply, or for a guaranteed hours offer that has been made to be treated as having been withdrawn, in other specified circumstances.

(7) Where, by virtue of subsection (2), a guaranteed hours offer made by an employer to a qualifying worker is treated as having been withdrawn, the employer must, by no later than the end of the response period, give a notice to the qualifying worker stating this to be the case.

(8) Where, by virtue of regulations under subsection (6)—

(a) an employer who would otherwise have been subject to the duty imposed by section 27BA(1) in relation to a qualifying worker and a particular reference period is not required to make a guaranteed hours offer to the qualifying worker, or

(b) a guaranteed hours offer made by an employer to a qualifying worker is treated as having been withdrawn,

the employer must give a notice to the qualifying worker that states which provision of the regulations has produced the effect referred to in paragraph (a) or (b) (as the case may be).

(9) A notice under subsection (8) must be given by an employer to a qualifying worker—

(a) where it is required to be given by virtue of paragraph (a) of that subsection, by no later than the end of the offer period;

(b) where it is required to be given by virtue of paragraph (b) of that subsection, by no later than the end of the response period.

(10) The Secretary of State may by regulations make provision about—

(a) the form and manner in which a notice under subsection (7) or (8) must be given;

(b) when a notice under subsection (7) or (8) is to be treated as having been given.

(11) For the purposes of subsection (4)(c) (and subsection (5)(b), which applies subsection (4)(c))—

(a) subsection (9) of section 27BB (when it is reasonable for a worker’s contract to be entered into as a limited-term contract) applies as it applies for the purposes of that section;

(b) it is to be presumed, unless the contrary is shown, that it was not reasonable for the worker’s contract to have been entered into as a limited-term contract if the work done by the qualifying worker under the worker’s contract was of the same or a similar nature as the work done under another worker’s contract under which the qualifying worker worked for the employer—

(i) where the period in question is the relevant reference period, during that period;

(ii) where the period in question is the offer period, during that period or the relevant reference period;

(iii) where the period in question is the response period, during that period, the relevant reference period or the offer period.

(12) In this section—

the offer period, in relation to a qualifying worker and the qualifying worker’s employer, means the period beginning with the day after the day on which the relevant reference period ends and ending with—

(a) the day on which a guaranteed hours offer is made to the qualifying worker by the employer, or

(b) if no guaranteed hours offer is made before the day specified under section 27BB(10)(a) as the last day on which the employer may make such an offer to the qualifying worker, that last day;

qualifying reason means—

(a) a reason of the type mentioned in section 98(1)(b), or

(b) in relation to a worker who was not an employee immediately before ceasing to be employed, a reason that would be of the type mentioned in section 98(1)(b) if references in that provision and in section 98(2) and (3) to an employee were references to a worker;

the response period, in relation to a guaranteed hours offer made to a qualifying worker, means the period—

(a) beginning with the day after the day on which the offer is made, and

(b) ending with the specified day.

27BE Acceptance or rejection of a guaranteed hours offer

(1) Where an employer makes a guaranteed hours offer to a qualifying worker and the offer is not treated as having been withdrawn by virtue of section 27BD(2) or regulations under section 27BD(6), the qualifying worker may, by giving notice to the employer before the end of the response period, accept or reject the offer.

(2) Where the guaranteed hours offer takes the form of an offer to vary the qualifying worker’s terms and conditions of employment and the qualifying worker gives notice under subsection (1) accepting the offer, the variation (assuming the worker’s contract that was in force when the guaranteed hours offer was made is still in force) is to be treated as taking effect on the day after the day on which notice is given (but this is subject to subsection (6)).

(3) If the guaranteed hours offer takes the form of an offer to vary the qualifying worker’s terms and conditions of employment but the worker’s contract that was in force when the guaranteed hours offer was made ceases to be in force during the response period—

(a) the qualifying worker may (if the offer is not treated as having been withdrawn by virtue of section 27BD(2) or regulations under section 27BD(6)) still give notice under subsection (1) accepting the offer, and

(b) if the qualifying worker does so—

(i) the qualifying worker and the employer are to be treated as entering into a worker’s contract on the day after the day on which notice is given (but this is subject to subsection (6)), and

(ii) the terms of the contract are to be treated as being the terms of the worker’s contract that was in force when the guaranteed hours offer was made as varied in accordance with the terms of the offer.

(4) Where the guaranteed hours offer takes the form of an offer to enter into a new worker’s contract and the qualifying worker gives notice under subsection (1) accepting the offer—

(a) the qualifying worker and the employer are to be treated as entering into a worker’s contract in the terms of the offer on the day after the day on which notice is given (but this is subject to subsection (6)), and

(b) that worker’s contract is to be treated as replacing any other worker’s contract entered into between the qualifying worker and the employer that is in force on that day.

(5) But where, by virtue of subsection (4)(b), a new worker’s contract replaces another worker’s contract of a qualifying worker who is an employee—

(a) that is not to be treated for the purposes of this Act as breaking the continuity of a period of employment of the qualifying worker;

(b) the worker’s contract that is replaced is not to be treated for the purposes of Part 10 as having terminated.

(6) A qualifying worker and an employer may agree, for the purposes of subsection (2), (3) or (4), that the variation of the qualifying worker’s terms and conditions of employment is to be treated as taking effect, or (as the case may be) the new worker’s contract is to be treated as being entered into, on a later day than the day mentioned in the subsection (and, in subsection (4)(b), the reference to “that day” is then to be read as a reference to the later agreed day).

(7) If a qualifying worker to whom a guaranteed hours offer has been made does not give notice under subsection (1) before the end of the response period, the qualifying worker is to be treated as having rejected the offer.

(8) The Secretary of State may by regulations make provision about—

(a) the form and manner in which notice under subsection (1) must be given by a qualifying worker to an employer;

(b) when notice given by a qualifying worker to an employer under subsection (1) is to be treated as having been given.

(9) In this section, “the response period” has the same meaning as in section 27BD.

(10) Where—

(a) an employer is permitted by section 27BY(3) to withdraw a guaranteed hours offer (withdrawal of offer following incorporation of terms of collective agreement), and

(b) the employer withdraws the offer by giving notice under that section,

subsection (1) of this section ceases to apply in relation to the offer when the notice is given.

Information

27BF Information about rights conferred by Chapter 2

(1) An employer who employs a worker who it is reasonable to consider might become a qualifying worker of the employer in relation to a reference period (whether the initial reference period, or a subsequent reference period, as defined in section 27BA) must take reasonable steps, within the initial information period, to ensure that the worker is aware of specified information relating to the rights conferred on workers by this Chapter.

(2) An employer who is subject to the duty in subsection (1) in relation to a worker must take reasonable steps to ensure that, after the end of the initial information period, the worker continues to have access to the specified information referred to in that subsection at all times when—

(a) the worker is employed by the employer, and

(b) it is reasonable to consider that the worker might become (or might again become) a qualifying worker of the employer in relation to a reference period.

(3) “The initial information period”, in relation to a worker and the worker’s employer, means the period of two weeks beginning with—

(a) where the worker is employed by the employer on the day on which section 27BA(1) comes into force (“the commencement day”), the commencement day, or

(b) where the worker is not so employed, the first day after the commencement day on which the worker is employed by the employer.

(4) But where, on the day referred to in subsection (3)(a) or (b), it was not reasonable to consider that the worker might become a qualifying worker of the employer in relation to any reference period, subsection (3) is to be read as if it provided for “the initial information period” to mean the period of two weeks beginning with the day on which it becomes reasonable so to consider.

Enforcement

27BG Complaints to employment tribunals: grounds

(1) A worker may present a complaint to an employment tribunal that—

(a) the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but

(b) by the end of the last day of the offer period, the employer has not made an offer to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract in compliance (or purported compliance) with that duty (whether because the employer does not consider that the worker is a qualifying worker in relation to the reference period or for any other reason).

(2) A worker may present a complaint to an employment tribunal that—

(a) the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but

(b) the offer that the employer has made to the worker in relation to that reference period to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract is not a guaranteed hours offer as described in—

(i) where regulations are in force under subsection (2) of section 27BB that apply in relation to the offer, subsections (1) and (3) of that section (read with any regulations in force under subsection (5)(a) or (b) of that section), or

(ii) where no regulations are in force under subsection (2) of section 27BB that apply in relation to the offer, subsections (1) and (4) of that section (read with any regulations in force under subsection (5)(a) of that section).

(3) A worker may present a complaint to an employment tribunal that—

(a) the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but

(b) the guaranteed hours offer that the employer has made to the worker in relation to that reference period—

(i) takes the form of an offer to vary the worker’s terms and conditions of employment where that is prohibited by section 27BB(6),

(ii) does not comply with section 27BB(7), or

(iii) does not comply with section 27BB(8).

(4) A worker may present a complaint to an employment tribunal that—

(a) the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but

(b) the guaranteed hours offer that the employer has made to the worker in relation to that reference period is on terms requiring the employer to provide, and the worker to do, less work than would have been the case if the employer had not, during that reference period—

(i) limited (by whatever means, including termination of a worker’s contract or an arrangement) the number of hours of work made available to the worker, or

(ii) decided to make work available to the worker in the way that the employer did,

for the sole or main purpose of being able to comply with the duty by making such a reduced offer.

(5) A worker may present a complaint to an employment tribunal that the duty imposed by section 27BA(1) would have applied to the worker’s employer in relation to the worker and a particular reference period if the employer had not, during that reference period—

(a) limited (by whatever means, including termination of a worker’s contract or an arrangement) the number of hours of work made available to the worker, or

(b) decided to make work available to the worker in the way that the employer did,

for the sole or main purpose of preventing the worker from satisfying, in relation to that reference period, one or more of the conditions in section 27BA(3)(b) to (d).

(6) A complaint under subsection (2), (3) or (4)—

(a) may be presented whether or not the offer in question has been accepted by the worker, but

(b) may not be presented in relation to an offer that is—

(i) treated as having been withdrawn by virtue of section 27BD(2) or regulations under section 27BD(6), or

(ii) withdrawn in accordance with section 27BY(3) (withdrawal of offer following incorporation of terms of collective agreement).

(7) A worker may present a complaint to an employment tribunal that the worker’s employer—

(a) has failed to give to the worker a notice under section 27BD(7) or (8);

(b) has given to the worker a notice under section 27BD(7) or (8)(b) in circumstances in which the employer should not have done so;

(c) has given to the worker a notice in purported compliance with section 27BD(8) that does not refer to any provision of the regulations or refers to the wrong provision.

(8) A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with—

(a) the duty imposed by section 27BF(1);

(b) the duty imposed by section 27BF(2).

(9) In this section “the last day of the offer period”, in relation to a reference period, means the day specified under section 27BB(10)(a) as the last day on which a guaranteed hours offer may be made in relation to that reference period.

27BH Complaints to employment tribunals: time limits

(1) An employment tribunal must not consider a complaint under section 27BG(1) unless it is presented before the end of the period of six months beginning with the day after the last day of the offer period (as defined in section 27BG(9)).

(2) An employment tribunal must not consider a complaint under section 27BG(2) unless it is presented before the end of the period of six months beginning with the day after the day when the offer referred to in that provision is made.

(3) An employment tribunal must not consider a complaint under section 27BG(3) or (4) unless it is presented before the end of the period of six months beginning with the day after the day when the guaranteed hours offer referred to in that provision is made.

(4) An employment tribunal must not consider a complaint under section 27BG(5) unless it is presented before the end of the period of six months beginning with the day after what would have been the last day of the offer period (as defined in section 27BG(9)) if the duty imposed by section 27BA(1) had applied.

(5) An employment tribunal must not consider a complaint under section 27BG(7)(a) relating to a notice unless it is presented before the end of the period of six months beginning with the day after the day on or before which the notice should have been given (see section 27BD(7) and (9)).

(6) An employment tribunal must not consider a complaint under section 27BG(7)(b) or (c) relating to a notice unless it is presented before the end of the period of six months beginning with the day after the day on which the notice is given.

(7) An employment tribunal must not consider a complaint under section 27BG(8)(a) unless it is presented before the end of the period of six months beginning with the day after the last day of the initial information period (see section 27BF(3) and (4)).

(8) An employment tribunal must not consider a complaint under section 27BG(8)(b) unless it is presented before the end of the period of six months beginning with the day on which the worker first becomes aware of the failure to which the complaint relates.

(9) But, if the employment tribunal is satisfied that it was not reasonably practicable for a complaint under section 27BG to be presented before the end of the relevant period of six months, the tribunal may consider the complaint if it is presented within such further period as the tribunal considers reasonable.

(10) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (1) to (8).

27BI Remedies

(1) Where an employment tribunal finds a complaint under section 27BG well-founded, the tribunal—

(a) must make a declaration to that effect, and

(b) may make an award of compensation to be paid by the employer to the worker.

(2) The amount of compensation under subsection (1)(b) is to be such amount, not exceeding the permitted maximum, as the tribunal considers just and equitable in all the circumstances to compensate the worker for any financial loss sustained by the worker which is attributable to the matter complained of.

(3) In ascertaining the financial loss sustained, the tribunal must apply the same rule concerning the duty of a person to mitigate their loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) Scotland.

(4) For the purposes of subsection (2), “the permitted maximum” is—

(a) where the complaint is under section 27BG(1), (2), (3), (7) or (8), such number of weeks’ pay as the Secretary of State may specify in regulations;

(b) where the complaint is under section 27BG(4) or (5), such amount as the Secretary of State may specify in regulations.

(5) In calculating a week’s pay for the purposes of determining the permitted maximum for an award of compensation to a worker who is not an employee, Chapter 2 of Part 14 is to apply as if—

(a) references in that Chapter and in section 234 (normal working hours) to an employee were references to a worker;

(b) references in that Chapter and in section 234 to a contract of employment were references to a worker’s contract;

(c) “week” meant—

(i) in relation to a worker whose remuneration is calculated weekly by a week ending with a day other than a Saturday, a week ending with that other day, and

(ii) in relation to any other worker, a week ending with Saturday.

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Chapter 5 — Agency workers: guaranteed hours and rights relating to shifts

27BV Agency workers

(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 be) supplied to work for and under the supervision and direction of another person,

(b) who does not do (or is not to do) the work under a worker’s contract with the other person, and

(c) who is not (or is not to be) a party to a contract under which the individual undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the individual.

(2) In this Part—

(a) references to an agency worker include, where the context requires, a former agency worker, and

(b) where that is the case, references in relation to the agency worker to a work-finding agency, and references (however expressed) to a person for and under the supervision and direction of whom the agency worker works, are to be read accordingly.

(3) An individual is an “agency worker” for the purposes of this Part—

(a) whether the individual is (or is to be) supplied to work for and under the supervision and direction of another person—

(i) by the work-finding agency referred to in subsection (1)(a), or

(ii) by a person other than the work-finding agency;

(b) whether the individual is (or is to be) paid, for work done for and under the supervision and direction of another person—

(i) by the work-finding agency referred to in subsection (1)(a), or

(ii) by a person other than the work-finding agency.

(4) In this Part, “work-finding agency” means a person carrying on the business (whether or not with a view to profit and whether or not in conjunction with any other business) of finding, or seeking to find, work for individuals to do for and under the supervision and direction of other persons (but not in the employment of those other persons).

(5) Part 1 of Schedule A1 contains provision about guaranteed hours and agency workers.

(6) Part 2 of Schedule A1 contains provision about rights of agency workers to reasonable notice in relation to shifts.

(7) Part 3 of Schedule A1 contains provision about rights of agency workers to payment for shifts that are cancelled, moved or curtailed at short notice.

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Chapter 6 — Collective agreements: contracting out

27BW Zero hours workers, etc

(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,w

by or under any provision of Chapter 2, 3 or 4.

(2) The duty or right is excluded if—

(a) the worker is employed by the employer under a worker’s contract (“the contract”),

(b) a relevant collective agreement contains—

(i) terms that expressly exclude the duty or right, and

(ii) terms that expressly replace the excluded duty or right,

(c) the terms within paragraph (b)(ii) are incorporated into the contract, and

(d) the employer notifies the worker in writing of the incorporation and effect of those terms.

(3) A relevant collective agreement is a collective agreement that is—

(a) in writing, and

(b) made by or on behalf of—

(i) one or more trade unions which each have a certificate of independence, and

(ii) the worker’s employer.

27BX Agency workers

(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 of a hirer or a work-finding agency,

by or under any provision of Chapter 5 (including Schedule A1).

(2) The duty or right is excluded if—

(a) the agency worker is supplied to work for and under the supervision and direction of the hirer by virtue of a worker’s contract (“the contract”) that the agency worker has with another person (“the other party”),

(b) a relevant collective agreement contains—

(i) terms that expressly exclude the duty or right, and

(ii) terms that expressly replace the excluded duty or right,

(c) the terms within paragraph (b)(ii) are incorporated into the contract, and

(d) the other party notifies the agency worker in writing of the incorporation and effect of those terms.

(3) A relevant collective agreement is a collective agreement that is—

(a) in writing, and

(b) made by or on behalf of—

(i) one or more trade unions which each have a certificate of independence, and

(ii) the other party.

27BY Supplementary provision

(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 subject matter as the duty or right, or

(b) a collective agreement ceases to be in force after the terms mentioned in section 27BW(2)(b)(ii) or 27BX(2)(b)(ii) are incorporated into the contract (within the meaning of section 27BW or 27BX, as the case may be), provided the terms continue to be incorporated.

(2) Where the duty to make a guaranteed hours offer under Chapter 2 or 5 is excluded by virtue of terms that are incorporated into a contract with a worker or, as the case may be, an agency worker, as mentioned in section 27BW(2)(c) or 27BX(2)(c), during the offer period, the duty ceases to apply.

(3) Where—

(a) the duty to make a guaranteed hours offer under Chapter 2 or 5 is excluded by virtue of terms that are incorporated into a contract with a worker or, as the case may be, an agency worker, as mentioned in section 27BW(2)(c) or 27BX(2)(c),

(b) a guaranteed hours offer has already been made in compliance with the duty, and

(c) the worker or agency worker has not accepted the offer,

the person who made the offer may withdraw it during the response period by giving a notice to the worker or agency worker.

(4) The notice must include a statement to the effect that the offer is withdrawn in consequence of the exclusion of the duty to make a guaranteed hours offer as a result of the incorporation into the worker’s or agency worker’s contract, as mentioned in section 27BW(2)(c) or 27BX(2)(c), of terms contained in a collective agreement that expressly replace that duty.

(5) A worker or an agency worker to whom a notice is given in reliance on subsection (3) may present a complaint to an employment tribunal that subsection (3) did not permit the notice to be given.

(6) Where a complaint is presented under subsection (5)—

(a) by a worker, sections 27BH and 27BI apply in relation to the complaint as they apply in relation to a complaint under section 27BG(7)(b);

(b) by an agency worker, paragraphs 9 and 10 of Schedule A1 apply in relation to the complaint as they apply in relation to a complaint under paragraph 7(7)(b) of that Schedule.

(7) Subsection (8) applies where—

(a) the duty to make a guaranteed hours offer under Chapter 2 or 5 is excluded by virtue of terms that are incorporated into a contract with a worker or, as the case may be, an agency worker, as mentioned in section 27BW(2)(c) or 27BX(2)(c), and

(b) the duty ceases to be excluded as a result of the terms ceasing to be incorporated into the contract (including where the contract ceases to be in force).

(8) In applying Chapter 2 or 5 for the purposes of the duty after it has ceased to be excluded—

(a) in any case where there was a reference period in relation to the duty as it had effect before being excluded, that reference period is to be disregarded,

(b) in relation to a worker and the worker’s employer, sections 27BA(5) and 27BF(3) have effect as if the first day on which the worker is employed by the employer is the day after the day on which the terms cease to be incorporated, and

(c) in relation to an agency worker and a hirer for and under the supervision and direction of whom the agency worker works, paragraphs 1(5) and 6(3) of Schedule A1 have effect as if the first day on which the agency worker so works is the day after the day on which the terms cease to be incorporated.

27BZ Regulations

(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 on a duty in Chapters 2 to 5 of terms being or ceasing to be incorporated as mentioned in section 27BW(2)(c) or 27BX(2)(c),

(b) the form and manner in which a notice under section 27BY(3) is to be given, and

(c) when a notice under section 27BY(3) is to be treated as having been given.

27BZ1 Interpretation

(1) Terms used in this Chapter that are used in—

(a) Chapters 2 to 4 (rights relating to zero hours workers, etc), or

(b) Chapter 5 (including Schedule A1) (rights relating to agency workers),

have the same meaning as in those Chapters or that Chapter (including that Schedule).

(2) In this Chapter, “certificate of independence” means a certificate issued under section 6 of the Trade Union and Labour Relations (Consolidation) Act 1992.

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(za) does not apply to terms of a collective agreement or contract that exclude a duty or right by virtue of provision made by or under Chapter 6 of Part 2A,

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Chapter 7 — General

27BZ2 Interpretation

(1) In this Part—

agency worker has the meaning given by section 27BV;

arrangement (when used by itself and not as part of the expression “zero hours arrangement”) means an arrangement (whether contractual or non-contractual) other than a worker’s contract;

specified means specified in, or determined in accordance with, regulations made by the Secretary of State;

zero hours arrangement means an arrangement under which—

(a) an employer and an individual agree terms on which the individual will do any work where the employer makes it available to the individual and the individual agrees to do it, but

(b) the employer is not required to make any work available to the individual, nor the individual required to accept it,

and in this Part “employer”, in relation to a zero hours arrangement, is to be read accordingly;

zero hours contract means a contract of employment or other worker’s contract under which—

(a) the undertaking to do work is an undertaking to do so conditionally on the employer making work available to the worker, and

(b) there is no certainty that any such work will be made available to the worker.

(2) For the purposes of this Part—

(a) a person who is, or is treated as, an employer makes work available to a worker or other individual if they request or require the individual to do it;

(b) references to work and doing work include references to services and performing them.

27BZ3 Regulations

(1) Regulations under this Part may—

(a) make different provision for different purposes;

(b) make provision subject to exceptions.

(2) Regulations under this Part may provide that a reference in the regulations to a provision of legislation is to be read as a reference to that provision as amended from time to time.

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(b) may refuse the application only if—

(i) the employer considers that the application should be refused on a ground or grounds listed in subsection (1ZA), and

(ii) it is reasonable for the employer to refuse the application on that ground or those grounds.

(1ZA) The grounds mentioned in subsection (1)(b) are—

(a) the burden of additional costs;

(b) detrimental effect on ability to meet customer demand;

(c) inability to re-organise work among existing staff;

(d) inability to recruit additional staff;

(e) detrimental impact on quality;

(f) detrimental impact on performance;

(g) insufficiency of work during the periods the employee proposes to work;

(h) planned structural changes;

(i) any other grounds specified by the Secretary of State in regulations.

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(1ZB) If an employer refuses an application under section 80F, the notification under subsection (1)(aa) must—

(a) state the ground or grounds for refusing the application, and

(b) explain why the employer considers that it is reasonable to refuse the application on that ground or those grounds.

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(1E) The steps which an employer must take in order to comply with subsection (1)(aza) include, among others, any steps specified in regulations made by the Secretary of State.

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(eza) Part 8A,

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(1) The weekly rate of statutory sick pay that an employer must pay to an employee is the lower of—

(a) £118.75, and

(b) 80% of the employee’s normal weekly earnings.

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(1) The weekly rate of statutory sick pay that an employer must pay to an employee is the lower of—

(a) £118.75, and

(b) 80% of the employee’s normal weekly earnings.

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(2A) Before producing the first version of the written policy for a place of business, an employer must consult—

(a) representatives of an independent trade union recognised by the employer in respect of workers who are likely to be affected by the policy, or representatives appointed or elected by those workers and having authority to receive information and to be consulted about the policy on behalf of those workers, or

(b) if there are no such trade union or worker representatives, workers who are likely to be affected by the policy.

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(3A) Where an employer makes a written policy available to workers at a place of business under this section, the employer must review the policy from time to time.

(3B) A review must be carried out—

(a) at least once during the period of three years beginning with the first day on which the first version of the policy is made available (including where that day precedes the coming into force of this subsection), and

(b) after that, no more than three years after the completion of the previous review.

(3C) An employer must consult persons as described in subsection (2A) as part of every review of the written policy.

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(7) An employer who has carried out a consultation required by this section in relation to a written policy for a place of business must make a summary of the views expressed in the consultation available in anonymised form to all workers of the employer at the place of business.

(8) In this section “recognised”, in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act).

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40B Prevention of sexual harassment: power to specify “reasonable steps”

(1) Regulations may specify steps that are to be regarded as “reasonable” for the purpose of determining whether, for the purposes of this Act, an employer (A) has taken, or failed to take, all reasonable steps to prevent sexual harassment of an employee of A (see, in particular, sections 40 and 40A and section 109).

(2) The steps that may be specified in regulations under this section include, among others—

(a) carrying out assessments of a specified description;

(b) publishing plans or policies of a specified description;

(c) steps relating to the reporting of sexual harassment;

(d) steps relating to the handling of complaints.

(3) Regulations under this section that specify any steps may require an employer to have regard to specified matters when taking those steps.

(4) In this section—

sexual harassment means harassment of the kind described in section 26(2) (unwanted conduct of a sexual nature);

specified means specified in the regulations.

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(aa) regulations under section 40B (prevention of sexual harassment: power to specify “reasonable steps”);

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(da) that sexual harassment has occurred, is occurring or is likely to occur,

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sexual harassment means harassment of the kind described in section 26(2) of the Equality Act 2010 (unwanted conduct of a sexual nature).

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(1A) The Secretary of State may, by regulations, make provision about dismissal (other than by reason of redundancy) during, or after, a protected period of pregnancy.

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49E Section 49D: supplemental

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) make provision for the consequences of failure to give notices, to produce evidence or to comply with other procedural requirements;

(c) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);

(d) make special provision for cases where an employee has a right which corresponds to a right under section 49D and which arises under a contract of employment or otherwise;

(e) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work during, or after, a protected period of pregnancy;

(f) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to a person during, or after, a protected period of pregnancy;

(g) make different provision for different cases or circumstances.

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104I Variation of contract of employment

(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 purposes of a business carried on by the employer, and

(b) the reason (or, if more than one, the principal reason) for the dismissal is a reason within subsection (2) or (3).

(2) The reason within this subsection is that—

(a) the employer sought to vary the employee’s contract of employment, and

(b) the employee did not agree to the variation.

(3) The reason within this subsection is to enable the employer to employ another person, or to re-engage the employee, under a varied contract of employment to carry out the same duties, or substantially the same duties, as the employee carried out before being dismissed.

(4) Subsection (1) does not apply in relation to an employee if the employer shows that—

(a) the reason for the variation was to eliminate, prevent or significantly reduce, or significantly mitigate the effect of, any financial difficulties which at the time of the dismissal were affecting, or were likely in the immediate future to affect, the employer’s ability to carry on the business as a going concern or otherwise to carry on the activities constituting the business, and

(b) in all the circumstances the employer could not reasonably have avoided the need to make the variation.

(5) Where the employer shows that the conditions in paragraphs (a) and (b) of subsection (4) are met, the matters that must be considered in determining the question whether the dismissal is fair or unfair include the following—

(a) any consultation carried out by the employer with the employee about varying the employee’s contract of employment;

(b) if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union;

(c) if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee’s behalf;

(d) anything offered to the employee by the employer in return for agreeing to the variation;

(e) any matters specified for the purposes of this subsection in regulations made by the Secretary of State.

(6) In this section—

(a) “recognised”, in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act);

(b) a reference to a “varied” contract of employment is to a contract of employment the terms of which are not the same as the terms of the contract of employment under which the employee worked before being dismissed, and, in a case where subsection (3) applies, any reference in this section to “the variation” is to be read accordingly.

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(go) subsection (1) of section 104I (read with subsection (4) of that section) applies,

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195A Construction of references to threshold number of employees

(1) In this Chapter references to the threshold number of employees are references to the number of employees determined in accordance with regulations made by the Secretary of State under this section.

(2) Regulations under this section may (among other things) provide that the number is—

(a) a specified number;

(b) a number determined by reference to a specified percentage of employees;

(c) a number that is the highest or lowest of two or more numbers, whether those numbers are specified numbers, determined by reference to a specified percentage of employees, or determined in another way specified in the regulations.

(3) But the regulations may not provide in any case for the threshold number of employees to be lower than 20.

(4) For the purposes of determining a number by reference to a specified percentage of employees, the regulations may make provision for determining how many employees an employer has, including (among other things)—

(a) provision about the time by reference to which that determination is to be made;

(b) provision excluding employees of a specified description from being taken into account in that determination.

(5) Regulations under this section may make different provision for different purposes, including (among other things)—

(a) different provision in respect of different provisions of this Chapter;

(b) different provision in respect of different descriptions of employer.

(6) Regulations under this section may contain such incidental, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient.

(7) Regulations under this section are to be made by statutory instrument.

(8) A statutory instrument containing regulations under this section (whether alone or with other provision) may not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

(9) In this section “specified” means specified in the regulations.

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(3) Where this subsection applies, section 193 is to be read as if references in subsections (4) and (6) to a notice were to the notice that is required to be given to the Secretary of State.

(4) In this section “ship” includes—

(a) any kind of vessel used in navigation, and

(b) hovercraft.

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Part 5A — Outsourcing: protection of workers

83A Application of this Part

(1) This Part provides for a Minister of the Crown, the Scottish Ministers and the Welsh Ministers to make provision for the protection of workers in relation to relevant outsourcing contracts (see section 83B).

(2) Accordingly, in this Part, “appropriate authority”—

(a) means—

(i) a Minister of the Crown,

(ii) the Scottish Ministers, or

(iii) the Welsh Ministers, and

(b) does not include a Northern Ireland department.

(3) In addition to the restrictions in section 113, a Minister of the Crown—

(a) may exercise a power under this Part for the purpose of regulating devolved Scottish authorities only in relation to joint or centralised procurement under a reserved procurement arrangement;

(b) may not exercise a power under this Part for the purpose of regulating joint or centralised procurement under a devolved Scottish procurement arrangement.

(4) The Scottish Ministers—

(a) may only exercise a power under this Part for the purpose of regulating—

(i) devolved Scottish authorities, or

(ii) procurement under a devolved Scottish procurement arrangement;

(b) may not exercise a power under this Part for the purpose of regulating—

(i) joint or centralised procurement under a reserved procurement arrangement, or

(ii) joint or centralised procurement under a devolved Welsh procurement arrangement.

(5) In addition to the restrictions in section 111, the Welsh Ministers—

(a) may exercise a power under this Part for the purpose of regulating devolved Scottish authorities only in relation to joint or centralised procurement under a devolved Welsh procurement arrangement;

(b) may not exercise a power under this Part for the purpose of regulating joint or centralised procurement under a devolved Scottish procurement arrangement.

(6) This Part does not apply in relation to—

(a) a private utility;

(b) a person referred to in regulation 4(1)(b) of the Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49);

(c) a devolved Welsh authority listed in Schedule 1 of the Social Partnership and Public Procurement (Wales) Act 2023 (asc 1);

(d) procurement under a transferred Northern Ireland procurement arrangement, except to the extent that the procurement—

(i) is carried out by a devolved Scottish authority, and

(ii) is not joint or centralised;

(e) a transferred Northern Ireland authority, except in relation to—

(i) procurement under a reserved procurement arrangement,

(ii) procurement under a devolved Scottish procurement arrangement, or

(iii) procurement under a devolved Welsh procurement arrangement.

(7) For the purposes of this section, procurement under a procurement arrangement is “joint or centralised” if as part of that procurement arrangement a contract is to be awarded following a procedure or other selection process carried out—

(a) jointly by a devolved Scottish authority and another contracting authority which is not a devolved Scottish authority, or

(b) by a centralised procurement authority or equivalent body.

83B Relevant outsourcing contracts

(1) In this Part, “relevant outsourcing contract” means a contract in relation to which conditions A to C are met.

(2) Condition A is met where the contract—

(a) is a public contract under this Act, or

(b) is a contract regulated by Scottish procurement legislation.

(3) Condition B is met where the contract—

(a) is a contract for the supply of services that include the performance of functions that are or have previously been performed by the contracting authority, or

(b) is—

(i) in the case of a public contract, a framework for the future award of a contract referred to in paragraph (a), or

(ii) in the case of a contract regulated by Scottish procurement legislation, a framework agreement the purpose of which is to establish the terms governing a contract referred to in paragraph (a).

(4) Condition C is met where the functions referred to in subsection (3)(a) are, or are expected to be, performed by individuals (“transferring workers”) who—

(a) in performing the functions, are employed by the supplier or a sub-contractor under a worker’s contract, and

(b) were employed by the contracting authority under a worker’s contract in performing functions of the same kind.

(5) For the purposes of this Part—

(a) “contract regulated by Scottish procurement legislation” means a contract the procurement of which by a devolved Scottish authority is regulated by Scottish procurement legislation;

(b) in relation to a contract regulated by Scottish procurement legislation—

(i) “contracting authority” means a devolved Scottish authority that is a contracting authority within the meaning of the relevant Scottish procurement legislation;

(ii) “framework agreement” has the same meaning as in the relevant Scottish procurement legislation;

(iii) “supplier” means an economic operator within the meaning of the relevant Scottish procurement legislation;

(iv) “the relevant Scottish procurement legislation” means the Scottish procurement legislation regulating the procurement of the contract.

83C Power to specify provision for inclusion in relevant outsourcing contracts

(1) An appropriate authority may by regulations specify provision to be included in a relevant outsourcing contract for the purpose of ensuring that—

(a) transferring workers of a specified description are treated no less favourably as workers of the supplier or a sub-contractor than they were as workers of the contracting authority, and

(b) workers of the supplier or a sub-contractor who are not transferring workers and are of a specified description are treated no less favourably than those transferring workers.

(2) In carrying out the procurement of a relevant outsourcing contract, the contracting authority must—

(a) take all reasonable steps to ensure that provision specified under subsection (1) is included in the contract;

(b) where provision specified under subsection (1) is included in the contract, take all reasonable steps to secure that such provision is complied with.

(3) Subsection (2) does not apply—

(a) where the contracting authority or the relevant outsourcing contract is of a specified description, or

(b) in specified circumstances.

(4) In this section, “specified” means specified in regulations made by an appropriate authority.

83D Code of practice on relevant outsourcing contracts

(1) An appropriate authority must prepare and publish a code of practice containing guidance to contracting authorities for the purpose of ensuring that, where a contracting authority carries out the procurement of a relevant outsourcing contract—

(a) transferring workers of a description specified in the code are treated no less favourably as workers of the supplier or a sub-contractor than they were as workers of the contracting authority, and

(b) workers of the supplier or a sub-contractor who are not transferring workers and are of a description specified in the code are treated no less favourably than those transferring workers.

(2) An appropriate authority—

(a) may amend or replace a code published by it under subsection (1), and

(b) must publish any amended or replacement code.

(3) A code published under subsection (1) or (2) must—

(a) in the case of a code published by a Minister of the Crown, be laid before Parliament;

(b) in the case of a code published by the Scottish Ministers, be laid before the Scottish Parliament;

(c) in the case of a code published by the Welsh Ministers, be laid before Senedd Cymru.

(4) In carrying out the procurement of a relevant outsourcing contract, the contracting authority must have regard to the code of practice for the time being published under subsection (1) or (2).

(5) This section does not require an appropriate authority to do anything which the authority does not have power to do (see section 83A and Part 11).

83E Interpretation of this Part

(1) In this Part—

appropriate authority has the meaning given in section 83A(2);

contract regulated by Scottish procurement legislation has the meaning given in section 83B(5)(a);

relevant outsourcing contract has the meaning given in section 83B;

transferring worker, in relation to a relevant outsourcing contract, has the meaning given in section 83B(4);

worker and “worker’s contract” have the same meaning as in the Employment Rights Act 1996 (see section 230 of that Act).

(2) For the purposes of this Part, in relation to a contract regulated by Scottish procurement legislation, “contracting authority”, “framework agreement”, “supplier” and “the relevant Scottish procurement legislation” have the meaning given in section 83B(5)(b).

83F Power of Scottish Ministers to amend this Part

The Scottish Ministers may by regulations modify section 83A, 83B or 83E in consequence of a modification of Scottish procurement legislation.

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(1A) But see also section 83B(5)(b)(i) (which provides for “contracting authority” to have an extended meaning in relation to certain contracts regulated under Part 5A (outsourcing: protection of workers)).

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appropriate authority (except in Part 5A)

section 123

appropriate authority (in Part 5A)

section 83A

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Part 5A (outsourcing: protection of workers)

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Equality action plans

78A Equality action plans

(1) Regulations may require employers to—

(a) develop and publish a plan (an “equality action plan”) showing the steps that the employers are taking in relation to their employees with regard to prescribed matters related to gender equality, and

(b) publish prescribed information relating to the plan.

(2) This section does not apply to—

(a) an employer with fewer than 250 employees;

(b) a public authority, other than—

(i) a public authority specified in Part 1 of Schedule 19, or

(ii) a public authority specified in Part 4 of Schedule 19 with the letter “D” included after the entry.

(3) For the purposes of subsection (1), a matter is related to gender equality if it is related to advancing equality of opportunity between male and female employees.

(4) Accordingly, matters related to gender equality include—

(a) addressing the gender pay gap, and

(b) supporting employees going through the menopause.

(5) The regulations may, among other things, make provision about—

(a) the content of a plan;

(b) the form and manner in which a plan or information is to be published;

(c) when and how frequently a plan or information is to be published or revised;

(d) requirements for senior approval before a plan or information is published;

(e) descriptions of employers;

(f) descriptions of employee;

(g) descriptions of information.

(6) The regulations may not require an employer, after the first publication of information, to publish information more frequently than at intervals of 12 months.

(7) The regulations may make provision for a failure to comply with the regulations to be enforced, otherwise than as an offence, by such means as are prescribed.

(8) The reference to a failure to comply with the regulations includes a reference to a failure by a person acting on behalf of an employer.

(9) A Minister of the Crown must consult—

(a) the Commission, before making regulations under this section that apply to a public authority, and

(b) the Welsh Ministers, before making regulations under this section that apply to a public authority specified in Part 4 of Schedule 19 with the letter “D” included after the entry.

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(ba) regulations under section 78A (equality action plans);

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(3A) Regulations under subsection (3)(d) may, among other things, make provision, in a case where an employer is a principal in relation to an individual who is a contract worker, requiring publication of the identity of the person who has contracted with the principal for the supply of the individual.

(3B) In subsection (3A), “principal” and “contract worker” have the meaning that they have in section 41 (see section 41(5) and (7)).

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(1A) Regulations under subsection (1) may, among other things, make provision, in a case where an employer is a principal in relation to an individual who is a contract worker, requiring publication of the identity of the person who has contracted with the principal for the supply of the individual.

(1B) In subsection (1A), “principal” and “contract worker” have the meaning that they have in section 41 (see section 41(5) and (7)).

”

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(3A) Regulations under this section made by a Minister of the Crown may, among other things, make provision, in a case where an employer is a principal in relation to an individual who is a contract worker, requiring publication of the identity of the person who has contracted with the principal for the supply of the individual.

(3B) In subsection (3A), “principal” and “contract worker” have the meaning that they have in section 41 (see section 41(5) and (7)).

”

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16B. — Records relating to annual leave entitlement

(1) An employer must—

(a) keep records which are adequate to show whether the employer has complied with the entitlements conferred by regulations 13(1), 13A(1), 15B(2) and 16(1) and the requirements in regulations 14(2) and (6) and 15E(2);

(b) retain such records for six years from the date on which they were made.

(2) The records referred to in paragraph (1)(a) may be created, maintained and kept in such manner and format as the employer reasonably thinks fit.

”

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Statement of trade union rights

136A Right to statement of trade union rights

(1) A worker’s employer must give the worker a written statement that the worker has the right to join a trade union.

(2) The statement must be given—

(a) at the same time as the employer gives the worker a statement under section 1 of the 1996 Act (statement of employment particulars);

(b) at other prescribed times.

(3) The Secretary of State may prescribe—

(a) information that must be included in the statement;

(b) the form which the statement must take;

(c) the manner in which the statement must be given.

(4) The information prescribed may include that the worker has rights conferred by this Part.

(5) For the purposes of this section—

(a) “worker” and “employer” have the same meaning as in the 1996 Act (see section 230 of that Act);

(b) in a case where an employer gives a worker a statement under section 1 of the 1996 Act in instalments (see section 2(4) of that Act), that statement is to be treated as given when the first instalment is given;

(c) “the 1996 Act” means the Employment Rights Act 1996.

(6) Regulations prescribing anything for the purposes of this section (see section 293(1)) may make different provision for different purposes.

(7) See section 38 of the Employment Act 2002 for the effect of failing to give a statement in accordance with this section.

”

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Chapter 5ZA — Right of trade unions to access workplaces

Access agreements: general

70ZA Access agreements

(1) This section applies for the purposes of this Chapter.

(2) An “access agreement” is an agreement between a qualifying trade union and an employer that—

(a) provides for one or more officials of the union to physically enter a workplace or communicate with workers (or both) for any of the access purposes, and

(b) is entered into under section 70ZD or is treated as having been entered into under section 70ZE.

(3) A “qualifying trade union” is a trade union that has a certificate of independence.

(4) “Access” means—

(a) physical entry into a workplace;

(b) communication with workers.

(5) A reference to communication with workers is a reference to communication with workers (including the provision of information to workers) by any means, whether directly or indirectly.

(6) The “access purposes” are—

(a) to meet, support, represent, recruit or organise workers (whether or not they are members of a trade union);

(b) to facilitate collective bargaining.

(7) But the access purposes do not include organising industrial action.

(8) Sections 70ZB to 70ZF contain provision about entering into access agreements.

(9) Section 70ZG contains provision about the variation or revocation of access agreements.

(10) Sections 70ZH to 70ZK contain provision about the enforcement of access agreements.

(11) Section 70ZL contains general limitations on the provision that may be made under this Chapter, including in access agreements.

Entering into access agreements

70ZB Access requests and response notices

(1) A qualifying trade union may give an employer a request for access by one or more officials of the union for any of the access purposes.

(2) A request under subsection (1)—

(a) may request access on one or more occasions;

(b) may include the terms on which access is requested (including as to what (if any) assistance the employer is requested to provide in relation to the access).

(3) A request under subsection (1) must—

(a) be in the prescribed form;

(b) include the prescribed information;

(c) be given in the prescribed manner.

(4) An employer that has been given a request under subsection (1) may give the union a notice agreeing with the request or disagreeing with the request (in whole or in part).

(5) A notice under subsection (4) must—

(a) be in the prescribed form;

(b) include the prescribed information;

(c) be given in the prescribed manner.

(6) In this Chapter—

access request means a request under subsection (1) given in accordance with subsection (3);

response notice means a notice under subsection (4) given in accordance with subsection (5).

70ZC Response period and negotiation period

In sections 70ZD and 70ZE—

(a) “the response period” means a prescribed period beginning with the day on which an access request is given;

(b) “the negotiation period” means a prescribed period beginning with the day on which a response notice is given.

70ZD Entering into access agreement by negotiation

(1) An access agreement is entered into under this section if—

(a) a qualifying trade union gives an access request to an employer,

(b) the employer gives the union a response notice before the end of the response period,

(c) before the end of the negotiation period, the union and the employer agree in writing terms on which officials of the union are to have access, and

(d) the union and the employer jointly notify the Central Arbitration Committee of those terms in the prescribed form and manner.

(2) See section 70ZE for the case where an access agreement is treated as being entered into by virtue of a determination of the Central Arbitration Committee.

70ZE Determinations by the Central Arbitration Committee

(1) This section applies if a qualifying trade union has given an access request to an employer and either—

(a) the employer has not given a response notice to the union before the end of the response period, or

(b) the employer has given a response notice before the end of the response period and the negotiation period has ended without the union and the employer agreeing in writing terms on which officials of the union are to have access.

(2) The Central Arbitration Committee may, on an application under this section, make a determination that officials of the union are or are not to have access.

(3) If the Central Arbitration Committee makes a determination that officials of the union are to have access—

(a) the determination must specify the terms on which officials of the union are to have access (including as to what (if any) assistance the employer must provide in relation to the access), and

(b) an access agreement containing those terms (and no others) is treated as having been entered into between the union and the employer.

(4) An application for a determination under this section may be made—

(a) by the union, in the case referred to in subsection (1)(a);

(b) by the union or the employer, in the case referred to in subsection (1)(b).

(5) An application for a determination under this section—

(a) must be in writing and in such form as the Central Arbitration Committee may require;

(b) may not be made after the end of a prescribed period beginning with the day on which the access request is given.

(6) In considering an application for a determination under this section, the Central Arbitration Committee—

(a) may make such enquiries as it sees fit;

(b) may make reasonable requests to provide information or documents relevant to the application;

(c) so far as reasonably practicable, must give any person who it considers has a proper interest in the application an opportunity to be heard.

(7) A determination under this section must—

(a) be in writing, and

(b) state the reasons for the determination.

(8) Section 70ZF makes further provision about determinations under this section.

70ZF Determinations by the Central Arbitration Committee: further provision

(1) Subject to regulations under this section, a determination by the Central Arbitration Committee under section 70ZE must be consistent with the access principles.

(2) The access principles are—

(a) officials of a qualifying trade union should be able to physically enter a workplace or communicate with workers (or both) for any of the access purposes in any manner that does not unreasonably interfere with the employer’s business;

(b) an employer should take reasonable steps to facilitate access by officials of a qualifying trade union;

(c) physical entry into a workplace should not be refused solely on the basis that communication with workers by means not involving physical entry into a workplace is permitted;

(d) communication with workers by means not involving physical entry into a workplace should not be refused solely on the basis that physical entry into a workplace is permitted;

(e) access should be refused entirely only where it is reasonable in all the circumstances to do so.

(3) The Secretary of State may prescribe terms of an access agreement that the Central Arbitration Committee must consider to be terms that—

(a) would not unreasonably interfere with an employer’s business;

(b) would constitute reasonable steps that an employer should take to facilitate access;

(c) it would be reasonable for a union to comply with.

(4) The Secretary of State may prescribe—

(a) circumstances in which it is to be regarded as reasonable for the Central Arbitration Committee to make a determination that officials of a union that has given an access request to an employer are not to have access;

(b) circumstances in which the Central Arbitration Committee must make such a determination.

(5) The circumstances referred to in subsection (4) may be prescribed by reference to (among other matters)—

(a) the description of business carried on by the employer;

(b) the number of workers employed by the employer;

(c) the number of workers employed by the employer, or of a particular description, that are members of the union;

(d) a description of workplace;

(e) a description of workers;

(f) the ability of the employer to facilitate access;

(g) avoiding prejudice to the prevention or detection of offences;

(h) national security.

(6) The Secretary of State may prescribe matters to which the Central Arbitration Committee must have regard in considering an application for a determination under section 70ZE.

Variation and revocation of access agreements

70ZG Variation and revocation of access agreements

(1) The parties to an access agreement may at any time vary or revoke the agreement.

(2) A variation or revocation of an access agreement must be in writing.

(3) An access agreement that is varied under this section continues to have effect as an access agreement for the purposes of this Chapter.

(4) The effect of an access agreement being revoked is that it ceases to be an access agreement for the purposes of this Chapter.

(5) A variation or revocation of an access agreement takes effect—

(a) only if the parties jointly notify the Central Arbitration Committee of the variation or revocation in the prescribed form and manner;

(b) only in respect of times after the day on which the Central Arbitration Committee is so notified.

Enforcement of access agreements

70ZH Enforcement of access agreements: initial complaint

(1) A party to an access agreement may make a complaint to the Central Arbitration Committee on the ground that—

(a) the other party has breached the agreement;

(b) a person that is not a party to the agreement has taken or is taking steps to prevent access, or has prevented access, from taking place in accordance with the agreement.

(2) A complaint under subsection (1) must be made before the end of the period of three months beginning with the day on which the matter complained of is alleged to have occurred.

(3) On a complaint under subsection (1), the Central Arbitration Committee may—

(a) vary the agreement;

(b) make a declaration that the complaint is or is not well-founded;

(c) if it makes a declaration that the complaint is well-founded, make an order requiring a person to take any steps specified in the order for the purposes of ensuring that access takes place in accordance with the agreement.

(4) An access agreement that is varied under subsection (3)(a) continues to have effect as an access agreement for the purposes of this Chapter.

(5) An order under subsection (3)(c) may, where it appears to the Central Arbitration Committee necessary or appropriate to do so, make provision different from that made in the agreement.

(6) A declaration or order made by the Central Arbitration Committee under this section must—

(a) be in writing, and

(b) state the reasons for the declaration or order.

(7) For the purposes of this section, a reference to a person taking steps includes a reference to a person not doing something.

70ZI Enforcement of access agreements: subsequent complaint

(1) This section applies where the Central Arbitration Committee has made a declaration under section 70ZH(3) that a complaint about a person is well-founded.

(2) A party to an access agreement may make a complaint to the Central Arbitration Committee on any of the following grounds—

(a) that the person has, before the end of the relevant period, carried out the conduct complained of under section 70ZH again;

(b) where the complaint under section 70ZH was that the person breached the agreement, that the person has, before the end of the relevant period, breached the agreement again (whether or not in the way complained of under section 70ZH);

(c) that the person has breached an order under section 70ZH(3)(c).

(3) In subsection (2), “the relevant period” means the period of 12 months beginning with the date of the declaration.

(4) A complaint under subsection (2) must be made before the end of the period of three months beginning with the day on which the alleged conduct occurs.

(5) On a complaint about a person under subsection (2), the Central Arbitration Committee may—

(a) make a declaration that the complaint is or is not well-founded;

(b) if it makes a declaration that the complaint is well-founded, make an order requiring the person to pay an amount to the Central Arbitration Committee.

(6) An amount payable under subsection (5)(b) may be any amount that the Central Arbitration Committee considers appropriate, subject to regulations under section 70ZJ.

(7) A declaration or order made by the Central Arbitration Committee under this section must—

(a) be in writing, and

(b) state the reasons for the declaration or order.

(8) A declaration or order made by the Central Arbitration Committee under subsection (5) may be relied on (and enforced by the Central Arbitration Committee or a party to the access agreement) as if it were a declaration or order made by the court.

(9) The Central Arbitration Committee must pay into the Consolidated Fund any amounts received under subsection (5)(b).

(10) For the purposes of this section, a reference to conduct includes a reference to a person not doing something.

70ZJ Power to make provision about amounts payable under section 70ZI

(1) The Secretary of State may prescribe that an amount payable under section 70ZI(5)(b)—

(a) must be at least a prescribed amount;

(b) may not exceed a prescribed amount.

(2) An amount may be prescribed under subsection (1)(a) or (b)—

(a) as a fixed amount;

(b) by reference to one or more prescribed factors;

(c) as the highest or lowest of two or more prescribed amounts, whether prescribed as fixed amounts or by reference to one or more prescribed factors.

(3) The factors that may be prescribed under subsection (2)(b) or (c) include (among others)—

(a) the nature of the complaint under section 70ZI(2) against the person required to pay the amount (the “liable party”);

(b) whether the liable party has previously been subject to a complaint under section 70ZH(1) or 70ZI(2), or a prescribed number of such complaints, declared by the Central Arbitration Committee to be well-founded;

(c) whether the liable party is of a prescribed description;

(d) in the case of a liable party that is an undertaking, the turnover of the liable party in a prescribed period, including (in particular) worldwide, European or United Kingdom turnover;

(e) in the case of a liable party that is an employer—

(i) the number of workers employed by the liable party, or

(ii) the number of workers of a prescribed description employed by the liable party;

(f) in the case of a liable party that is a trade union, the number of members that the liable party has.

(4) The Secretary of State may prescribe matters to which the Central Arbitration Committee must have regard in considering what amount is payable under section 70ZI(5)(b).

70ZK Enforcement of access agreements: supplementary provision

(1) An access agreement—

(a) is enforceable only by means of a complaint under section 70ZH or 70ZI, and not by any other means;

(b) in particular, is to be conclusively presumed not to have been intended by the parties to be a legally enforceable contract.

(2) Accordingly, where an access agreement is, or is part of, a collective agreement, section 179(2) and (3)(a) do not apply to the access agreement.

(3) A complaint under section 70ZH or 70ZI must be in writing and in such form as the Central Arbitration Committee may require.

(4) In its consideration of a complaint under section 70ZH or 70ZI, the Central Arbitration Committee—

(a) may make such enquiries as it sees fit;

(b) may make reasonable requests to provide information or documents relevant to the complaint;

(c) so far as reasonably practicable, must give any person who it considers has a proper interest in the complaint an opportunity to be heard.

(5) The Central Arbitration Committee may draw an adverse inference from a person’s failure to comply with any reasonable request to provide information or documents relevant to a complaint under section 70ZH or 70ZI.

General limitations on access agreements etc

70ZL General limitations on access agreements etc

(1) Nothing in this Chapter requires or authorises any of the following (each, a “prohibited activity”)—

(a) physical entry by any person into a dwelling;

(b) a disclosure of personal data without the consent of the data subject;

(c) a disclosure of information that would contravene the data protection legislation (but, in determining whether a disclosure would do so, the provisions of this Chapter are to be taken into account).

(2) Accordingly—

(a) a term of an access agreement entered into under section 70ZD that requires or authorises a prohibited activity is of no effect for the purposes of this Chapter;

(b) the Central Arbitration Committee may not specify as a term of an access agreement under section 70ZE any term that would require or authorise a prohibited activity;

(c) the Central Arbitration Committee may not exercise any function under sections 70ZH to 70ZK so as to require or authorise a prohibited activity.

(3) In this section—

(a) “consent” has the same meaning as in the UK GDPR (see Article 4(11) of the UK GDPR);

(b) “personal data”, “data subject”, “the data protection legislation” and “the UK GDPR” have the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Appeals to the Employment Appeal Tribunal

70ZM Appeals to the Employment Appeal Tribunal

(1) An appeal lies to the Employment Appeal Tribunal on any question of law arising from any determination, declaration or order of, or arising in any proceedings before, the Central Arbitration Committee under this Chapter.

(2) Where the Central Arbitration Committee makes an order under section 70ZI(5)(b) for a person to pay an amount to the Central Arbitration Committee, the person may appeal against the order.

(3) On an appeal under subsection (2), the Employment Appeal Tribunal may—

(a) quash the order;

(b) make an order requiring the person to pay a reduced amount to the Central Arbitration Committee;

(c) dismiss the appeal.

(4) The Central Arbitration Committee must pay into the Consolidated Fund any amounts received under subsection (3)(b).

Regulations

70ZN Regulations under this Chapter

Regulations prescribing anything for the purposes of this Chapter (see section 293(1)) may make different provision for different purposes.

”

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263ZA Proceedings of the Committee under section 70ZE

(1) For the purpose of discharging its functions under section 70ZE in any particular case, the Central Arbitration Committee is to consist of—

(a) one member of the Committee, or

(b) a panel of three members of the Committee,

as the chairman of the Committee may direct.

(2) In deciding what direction to make under subsection (1), the chairman of the Committee must have regard to the complexity of the case, with a view to directing that the Committee is to consist of one member only in cases which the chairman considers are less complex.

(3) For those purposes, the chairman must in particular—

(a) consider whether any terms proposed as terms on which officials of a qualifying trade union are to have access are prescribed under section 70ZF(3), and

(b) consider whether, if any of those terms are so prescribed, that fact reduces the complexity of the case, having regard to any other terms so proposed.

(4) In subsection (3), “qualifying trade union” and “access” have the same meaning as in Chapter 5ZA of Part 1 (see section 70ZA).

(5) The chairman of the Committee may amend a direction under subsection (1) at any time.

(6) If a direction under subsection (1) is amended—

(a) the amendment does not affect anything done by the Committee before the amendment;

(b) anything done by the Committee before the amendment is to be treated as having been done by the Committee as it is constituted after the amendment.

(7) If the Committee consists of one member of the Committee—

(a) the member is to be appointed by the chairman of the Committee;

(b) the member is not required to be the chairman or a deputy chairman of the Committee;

(c) the member may at the member’s discretion sit in private where it appears expedient to do so.

(8) If the Committee consists of a panel of three members of the Committee—

(a) the panel is to be appointed by the chairman of the Committee;

(b) the panel is to consist of the following members—

(i) the chairman or a deputy chairman of the Committee;

(ii) a member of the Committee whose experience is as a representative of employers;

(iii) a member of the Committee whose experience is as a representative of workers;

(c) the panel is to be chaired by the chairman or the deputy chairman of the Committee;

(d) the panel may at the discretion of its chairman sit in private where it appears expedient to do so.

(9) If—

(a) a panel cannot reach a unanimous decision on a question arising before it, and

(b) a majority of the panel have the same opinion,

the question is to be decided according to that opinion.

(10) If—

(a) a panel cannot reach a unanimous decision on a question arising before it, and

(b) a majority of the panel do not have the same opinion,

the chairman of the panel may decide the question acting with the full powers of an umpire.

(11) Subject to the provisions of this section, the Committee may determine its own procedure.

”

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84 Contributors to political fund

(1) For the purposes of this Act, a member of a trade union is a “contributor” to the political fund of the union unless an opt-out notice given by the member to the union has effect (see subsection (3)).

(2) An “opt-out notice” is a notice that the member opts out of being a contributor.

(3) An opt-out notice has effect on and after the relevant day unless the member withdraws the notice.

(4) In subsection (3), “the relevant day” means—

(a) in a case where—

(i) a political resolution is passed on a ballot held at a time when no such resolution is in force, and

(ii) the opt-out notice is given before the end of the period of four weeks beginning with the day on which an opt-out information notice is given to the member under section 84A,

the day on which the opt-out notice is given;

(b) in any other case, 1 January in the year following the year in which the opt-out notice is given.

(5) A member of a trade union withdraws an opt-out notice by giving the union notice of the withdrawal (a “withdrawal notice”).

(6) A member of a trade union may give an opt-out notice or a withdrawal notice—

(a) by delivering it (either personally or by an authorised agent or by post) at the head office or a branch office of the union;

(b) by sending it by email to an address that the union has told its members can be used for sending such notices;

(c) by completing an electronic form provided by the union which sets out the notice, and sending it to the union by electronic means in accordance with instructions given by the union;

(d) by such other electronic means as may be prescribed.

84A Opt-out information notices

(1) A trade union must give an opt-out information notice to each member of the union—

(a) within the period of eight weeks beginning with the day after the day on which a political resolution is passed by the members of the union under section 73, and

(b) within the period of eight weeks beginning with the end of—

(i) the period of ten years beginning with the day on which a political resolution is passed, and

(ii) each successive period of ten years,

unless during that period of ten years the political resolution is rescinded or otherwise ceases to have effect.

(2) An “opt-out information notice” is a notice stating that—

(a) each member of the union has the right not to be a contributor to the political fund of the union, and

(b) a member may exercise that right by giving an opt-out notice under section 84.

(3) An opt-out information notice must be given in accordance with rules of the union approved for the purpose by the Certification Officer.

(4) In deciding whether to approve those rules, the Certification Officer must have regard in each case to the existing practice and character of the union.

(5) As soon as is reasonably practicable after the end of any period of eight weeks within which an opt-out information notice must be given, a trade union must send to the Certification Officer a copy of—

(a) the opt-out information notice, or

(b) if there is more than one form of opt-out information notice, each form of notice.

(6) A member of a trade union who claims that the union has failed to comply with this section may complain to the Certification Officer.

(7) Where the Certification Officer is satisfied on a complaint under subsection (6) that a trade union has failed to comply with this section, the Officer may make such order for remedying the failure as the Officer thinks just under the circumstances.

(8) Before deciding the matter the Certification Officer—

(a) may make such enquiries as the Officer thinks fit;

(b) must give the union and the member making the complaint an opportunity to make written representations;

(c) may give the union and the member making the complaint an opportunity to make oral representations.

(9) An order made by the Certification Officer under this section may be enforced by the Certification Officer in the same way as an order of the court.

”

(a) the member is not a contributor to the fund, or

(b) the member has given the union an opt-out notice but it does not yet have effect,

”

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168B Time off for union equality representatives

(1) An employer must permit an employee who is—

(a) a member of an independent trade union recognised by the employer, and

(b) an equality representative of the trade union,

to take time off during the employee’s working hours for any of the following purposes.

(2) The purposes are—

(a) carrying out activities for the purpose of promoting the value of equality in the workplace;

(b) arranging learning or training on matters relating to equality in the workplace;

(c) providing information, advice or support to qualifying members of the trade union in relation to matters relating to equality in the workplace;

(d) consulting with the employer on matters relating to equality in the workplace;

(e) obtaining and analysing information relating to equality in the workplace;

(f) preparing for any of the things mentioned in paragraphs (a) to (e).

(3) Subsection (1) applies only if—

(a) the trade union has given the employer notice in writing that the employee is an equality representative of the union, and

(b) the training condition is met in relation to the employee.

(4) The training condition is met if—

(a) the employee has undergone sufficient training to enable the employee to carry on activities mentioned in subsection (2), and the trade union has given the employer notice in writing of that fact,

(b) the trade union has in the last six months given the employer notice in writing that the employee will be undergoing such training, or

(c) within six months of the trade union giving the employer notice in writing that the employee will be undergoing such training, the employee has done so, and the trade union has given the employer notice of that fact.

(5) Only one notice under subsection (4)(b) may be given in respect of any one employee.

(6) References in subsection (4) to sufficient training to carry out activities mentioned in subsection (2) are to training that is sufficient for those purposes having regard to any relevant provision of a Code of Practice issued by ACAS or the Secretary of State.

(7) If an employer is required to permit an employee to take time off under subsection (1), the employer must also permit the employee to take time off during the employee’s working hours for the following purposes—

(a) undergoing training which is relevant to the employee’s functions as an equality representative, and

(b) where the trade union has in the last six months given the employer notice under subsection (4)(b) in relation to the employee, undergoing such training as is mentioned in subsection (4)(a).

(8) The amount of time off which an employee is to be permitted to take under this section and the purposes for which, the occasions on which and any conditions subject to which time off may be so taken are those that are reasonable in all the circumstances, having regard to any relevant provision of a Code of Practice issued by ACAS or the Secretary of State.

(9) An employer that permits an employee to take time off as required by this section must, where requested by the employee, provide the employee with such accommodation and other facilities in relation to the purposes for which the employee takes time off as is reasonable in all the circumstances, having regard to any relevant provisions of a Code of Practice issued by ACAS.

(10) An employee may present a complaint to an employment tribunal that the employer has failed—

(a) to permit the employee to take time off, or

(b) to provide the employee with facilities,

as required by this section.

(11) On a complaint under subsection (10)(a), it is for the employer to show that the amount of time off which the employee proposed to take was not a reasonable amount of time off.

(12) For the purposes of this section—

(a) a person is an equality representative of a trade union if the person is appointed or elected as such in accordance with its rules;

(b) “equality”, in relation to a workplace, means—

(i) the elimination of discrimination, harassment and victimisation, each of which is to be read in accordance with the Equality Act 2010, and of any other conduct that is prohibited by or under that Act;

(ii) the advancement of equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(iii) the fostering of good relations between persons who share a relevant protected characteristic and persons who do not share it;

(c) “relevant protected characteristic” means age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex or sexual orientation, each of which is to be read in accordance with the Equality Act 2010;

(d) a reference to qualifying members of the trade union is a reference to members of the trade union—

(i) who are employees of the employer of a description in respect of which the union is recognised by the employer, and

(ii) in relation to whom it is the function of the equality representative to act as such.

”

“

(2A) The Secretary of State may make regulations prohibiting—

(a) the use of lists which contain details of members of trade unions, or persons who have taken part in the activities of trade unions, for the purposes of discrimination in relation to recruitment or in relation to the treatment of workers;

(b) the sale or supply of such lists with a view to being used for those purposes.

”

“

(2B) The number is the total number of employees concerned.

”

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Protection against detriment

236A Detriment on grounds of industrial action

(1) A worker has the right not to be subjected as an individual to detriment of a prescribed description by any act, or any deliberate failure to act, by the worker’s employer, if the act or failure takes place for the sole or main purpose of preventing or deterring the worker from taking protected industrial action, or penalising the worker for doing so.

(2) For that purpose, a worker takes protected industrial action if the worker commits an act which, or a series of acts each of which, the worker is induced to commit by an act which by virtue of section 219 is not actionable in tort.

(3) But no account may be taken of the repudiation of any act by a trade union as mentioned in section 21 in relation to anything which occurs before the end of the next working day after the day on which the repudiation takes place.

(4) Regulations under subsection (1) may prescribe detriment of any description (instead of detriment of a specific description).

(5) Subsection (1) does not apply where the worker is an employee and the detriment in question amounts to dismissal (but see sections 237 to 239).

(6) A worker or former worker may present a complaint to an employment tribunal on the ground that the worker or former worker has been subjected to a detriment by an employer in contravention of this section.

(7) A worker or former worker has no other remedy for infringement of the right conferred by this section.

(8) In this section and sections 236B to 236D—

employer means—

(a) in relation to a worker, the person for whom the worker works;

(b) in relation to a former worker, the person for whom the former worker worked;

worker means an individual who works, or normally works, as mentioned in paragraphs (a) to (c) of section 296(1);

working day means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971.

236B Time limit for proceedings

(1) An employment tribunal may not consider a complaint under section 236A unless it is presented—

(a) before the end of the period of six months beginning with the date of the act or failure to which the complaint relates or, where that act or failure is part of a series of similar acts or failures (or both), the last of them, or

(b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as it considers reasonable.

(2) For the purposes of subsection (1)—

(a) where an act extends over a period, the reference to the date of the act is a reference to the last day of that period;

(b) a failure to act is to be treated as done when it was decided on.

(3) For the purposes of subsection (2), in the absence of evidence establishing the contrary, an employer is to be taken to decide on a failure to act—

(a) when the employer does an act inconsistent with doing the failed act, or

(b) if the employer has done no such inconsistent act, when the period expires within which the employer might reasonably have been expected to do the failed act if it was to be done.

(4) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

236C Consideration of complaint

On a complaint under section 236A it is for the employer to show what was the sole or main purpose for which the employer acted or failed to act.

236D Remedies

(1) Where the employment tribunal finds that a complaint under section 236A is well-founded, the tribunal—

(a) must make a declaration to that effect, and

(b) may make an award of compensation to be paid by the employer to the complainant in respect of the act or failure complained of.

(2) The amount of the compensation awarded is to be an amount which the tribunal considers just and equitable in all the circumstances having regard to the infringement complained of and to any loss sustained by the complainant which is attributable to the act or failure.

(3) The loss is to be taken to include—

(a) any expenses reasonably incurred by the complainant in consequence of the act or failure, and

(b) loss of any benefit which the complainant might reasonably be expected to have had but for the act or failure.

(4) In ascertaining the loss, the tribunal must apply the same rule concerning the duty of a person to mitigate loss as applies to damages recoverable under the common law of England and Wales or Scotland.

(5) Where the tribunal finds that the act or failure complained of was to any extent caused or contributed to by action of the complainant, it must reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.

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