Employment Rights Bill

A Bill to make provision to amend the law relating to employment rights; to make provision about procedure for handling redundancies; to make provision about the treatment of workers involved in the supply of services under certain public contracts; to provide for duties to be imposed on employers in relation to equality; to amend the definition of “employment business” in the Employment Agencies Act 1973; to provide for the establishment of the School Support Staff Negotiating Body and the Social Care Negotiating Bodies; to amend the Seafarers’ Wages Act 2023; to make provision for the implementation of international agreements relating to maritime employment; to make provision about trade unions, industrial action, employers’ associations and the functions of the Certification Officer; to make provision about the enforcement of legislation relating to the labour market; and for connected purposes.

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This is the latest version of the Bill

Available Versions

4 Sep 2025
Ping: Pong
Bill 301 2024-25 (Lords Amendments)
(164 amendments - 17 agreed)
23 Jul 2025
Lords: Third
HL Bill 129 (as amended on Report)
(1 amendments - 1 agreed)
Date Debate
Wednesday 3rd September 2025 3rd reading
24 Jun 2025
Lords: Report
HL Bill 113 (as amended in Committee)
(223 amendments - 90 agreed)
Date Debate
Monday 21st July 2025 Report stage part two
Monday 21st July 2025 Report stage part one
Wednesday 16th July 2025 Report stage
Monday 14th July 2025 Report stage part two
Monday 14th July 2025 Report stage part one
14 Mar 2025
Lords: Committee
HL Bill 81 (as brought from the Commons)
(730 amendments - 78 agreed)
Date Debate
Wednesday 18th June 2025 Committee stage part two
Wednesday 18th June 2025 Committee stage part one
Monday 16th June 2025 Committee stage: Part 2
Monday 16th June 2025 Committee stage: Part 1
Tuesday 10th June 2025 Committee stage part two
Tuesday 10th June 2025 Committee stage part two
Thursday 5th June 2025 Committee stage
Tuesday 3rd June 2025 Committee stage part one
Tuesday 3rd June 2025 Committee stage part two
Wednesday 21st May 2025 Committee stage
Monday 19th May 2025 Committee stage part two
Monday 19th May 2025 Committee stage part one
Tuesday 13th May 2025 Committee stage: Part 2
Tuesday 13th May 2025 Committee stage: Part 1
Thursday 8th May 2025 Committee stage
Tuesday 29th April 2025 Committee stage part two
Tuesday 29th April 2025 Committee stage part one
27 Jan 2025
Commons: Report
Bill 163 2024-25 (as amended in Public Bill Committee)
(567 amendments - 222 agreed)
Date Debate
Wednesday 12th March 2025 Report stage (day 2)
Tuesday 11th March 2025 Report stage (day 1) continued
Tuesday 11th March 2025 Report stage (day 1)
10 Oct 2024
Commons: Committee
Bill 011 2024-25 (as introduced)
(265 amendments - 158 agreed)
Date Debate
Thursday 16th January 2025 Committee stage: 21st Sitting
Tuesday 14th January 2025 Committee stage: 20th sitting
Tuesday 14th January 2025 Committee stage: 19th sitting
Thursday 9th January 2025 Committee stage: 18th Sitting
Thursday 9th January 2025 Committee stage: 17th Sitting
Tuesday 7th January 2025 Committee stage: 16th Sitting
Tuesday 7th January 2025 Committee stage: 15th Sitting
Tuesday 17th December 2024 Committee stage: 14th Sitting
Tuesday 17th December 2024 Committee stage: 13th Sitting
Thursday 12th December 2024 Committee stage: 12th Sitting
Thursday 12th December 2024 Committee stage: 11th Sitting
Tuesday 10th December 2024 Committee stage: Tenth Sitting
Tuesday 10th December 2024 Committee stage: Ninth Sitting
Thursday 5th December 2024 Committee stage: 8th Sitting
Thursday 5th December 2024 Committee stage: 7th Sitting
Tuesday 3rd December 2024 Committee stage: 6th Sitting
Tuesday 3rd December 2024 Committee stage: 5th Sitting
Thursday 28th November 2024 Committee stage: 4th Sitting
Thursday 28th November 2024 Committee stage: 3rd Sitting
Tuesday 26th November 2024 Committee stage: 2nd sitting
Tuesday 26th November 2024 Committee stage: 1st sitting

Relevant Documents

Bill PDF
Bill 301 2024-25 (Lords Amendments)
Explanatory Note
HL Bill 81 Explanatory Notes
Impact Assessment
Economic Analysis and Summary Impact Assessment from the Department for Business and Trade

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9 New Clauses Proposed

Page 1

Part 1

 

Employment rights

 

Zero hours workers, etc

 
1
Right to guaranteed hours
 
 
(1)
Part 2A of the Employment Rights Act 1996 (zero hours workers) is amended
5
 
as follows.
 
 
(2)
In the Part heading, at the end insert “and similar”.
 

Page 2

 
(3)
Before section 27A insert—
 

Chapter 1

 
 
Exclusivity terms and other restrictions
 
 
(4)
After section 27B insert—
 

Chapter 2

5
 
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—
10
 
(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
15
 
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
20
 
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
25
 
(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
30
 
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”),
35
 
(c)
where paragraph (a) (ii) applies, the reference period hours
 
 
exceeded the minimum number of hours,
 

Page 3

 
(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
5
 
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
10
 
(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
15
 
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
20
 
(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—
25
 
(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
30
 
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
35
 
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,
40
 
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
 

Page 4

 
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,
5
 
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
10
 
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
15
 
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,
20
 
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
25
 
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
30
 
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
35
 
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
40
 
also proposes terms and conditions relating to when the offered
 
 
number of hours are to be provided and worked (which need not be
 

Page 5

 
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—
5
 
(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.
10
 
(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
15
 
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
20
 
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
25
 
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
30
 
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
35
 
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—
40
 
(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
45

Page 6

 
(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—
5
 
(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
10
 
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
15
 
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.
20
 
(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.
25
 
(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) .
30
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
35
 
(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
40
 
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
 

Page 7

 
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
5
 
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
10
 
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
15
 
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
20
 
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.
25
 
(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
30
 
(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
35
 
(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—
40
 
(a)
the worker’s contract under which the qualifying worker has
 
 
been working for the employer, or
 

Page 8

 
(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—
5
 
(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
10
 
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—
15
 
(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
20
 
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
25
 
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
30
 
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
35
 
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) .
40
 
(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.
 

Page 9

 
(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.
5
 
(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
10
 
(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).
15
 
(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
20
 
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
25
 
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)
30
 
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
35
 
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;
40
 
(ii)
where the period in question is the offer period, during
 
 
that period or the relevant reference period;
 

Page 10

 
(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
5
 
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
10
 
(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—
15
 
(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
20
 
(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
25
 
(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
30
 
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,
35
 
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
40
 
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—
 

Page 11

 
(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—
5
 
(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
10
 
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
15
 
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
20
 
(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
25
 
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
30
 
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
35
 
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
40
 
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—
 

Page 12

 
(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
5
 
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
10
 
(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
15
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
20
 
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
25
 
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
30
 
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
35
 
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.
40

Page 13

 
(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
5
 
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
10
 
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
15
 
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—
20
 
(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
25
 
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
30
 
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
35
 
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
40
 
period, but
 
 
(b)
the guaranteed hours offer that the employer has made to the
 
 
worker in relation to that reference period—
 

Page 14

 
(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) .
5
 
(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
10
 
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
15
 
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
20
 
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—
25
 
(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,
30
 
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
35
 
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)
40
 
(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—
 

Page 15

 
(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;
5
 
(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—
10
 
(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
15
 
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
20
 
(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.
25
 
(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
30
 
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
35
 
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
40
 
27BG (7) (b) or (c) relating to a notice unless it is presented before the
 

Page 16

 
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
5
 
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.
10
 
(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.
15
 
(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
20
 
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
25
 
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
30
 
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
35
 
(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.
 

Page 17

 
(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;
5
 
(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
10
 
Saturday, a week ending with that other day, and
 
 
(ii)
in relation to any other worker, a week ending with
 
 
Saturday.”
 
2
Shifts: rights to reasonable notice
 
 
After section 27BI of the Employment Rights Act 1996 (inserted by section 1
15
 
) insert—
 

Chapter 3

 
 
Shifts: rights to reasonable notice
 
27BJ
Right to reasonable notice of a shift
 
 
(1)
An employer must give to a worker reasonable notice of a shift that
20
 
the employer requests or requires the worker to work if—
 
 
(a)
the worker is (or is to be) employed by the employer under a
 
 
zero hours contract, or
 
 
(b)
the worker is (or is to be) employed by the employer under a
 
 
worker’s contract of a specified description that requires the
25
 
employer to make some work available to the worker but does
 
 
not provide on what days and at what times, or in accordance
 
 
with what pattern of days and times, that work is to be done
 
 
by the worker,
 
 
and the shift is to be worked under the contract referred to in
30
 
paragraph (a) or (b) .
 
 
(2)
An employer must give to a worker reasonable notice of a shift that
 
 
the employer requests or requires the worker to work if—
 
 
(a)
the worker is (or is to be) employed by the employer under a
 
 
worker’s contract of a specified description that requires the
35
 
employer to make some work available to the worker,
 
 
(b)
the contract provides on what days and at what times, or in
 
 
accordance with what pattern of days and times, that work, or
 
 
some of that work, is to be done by the worker, and
 

Page 18

 
(c)
the shift is to be worked under that contract but no part of it
 
 
corresponds to the time of a shift provided for by the contract
 
 
as described in paragraph (b) .
 
 
(3)
An employer must give to an individual reasonable notice of a shift
 
 
that the employer requests the individual to work if—
5
 
(a)
the individual would, if they worked the shift, be employed
 
 
by the employer under a worker’s contract, and
 
 
(b)
the worker’s contract would be entered into in accordance with
 
 
a zero hours arrangement that is in place between the employer
 
 
and the individual.
10
 
(4)
It is to be presumed, unless the contrary is shown, that notice of a
 
 
shift is not reasonable notice for the purposes of subsections (1) to (3)
 
 
if it is given less than a specified amount of time before the shift is
 
 
due to start.
 
 
(5)
Regulations under subsection (1) (b) or (2) (a) may, in particular, specify
15
 
a description of worker’s contract by reference to—
 
 
(a)
it being a worker’s contract that entitles a worker to be paid
 
 
no more than a specified amount;
 
 
(b)
it being a worker’s contract that requires an employer to make
 
 
work available to a worker for no more than a specified number
20
 
of hours.
 
 
(6)
Where—
 
 
(a)
the conditions in subsection (2) (a) and (b) are met in relation
 
 
to a worker and a worker’s contract,
 
 
(b)
the worker is to work (or is working) a shift under that contract
25
 
all or part of which corresponds to the time of a shift (a
 
 
“guaranteed shift”) provided for by the contract as described
 
 
in subsection (2) (b) ,
 
 
(c)
the employer requests or requires the worker to start earlier,
 
 
or end later, than is provided for by the contract (as described
30
 
in subsection (2) (b) ) in relation to the guaranteed shift, and
 
 
(d)
the earlier start or later end is to result in an additional number
 
 
of hours being worked above the number of hours to be worked
 
 
in the guaranteed shift,
 
 
the additional hours are to be treated for the purposes of this Chapter
35
 
as a separate shift (and accordingly as one that meets the condition
 
 
in subsection (2) (c) ).
 
 
(7)
For the purposes of this Chapter—
 
 
“employer” , in relation to an individual and a shift, includes a
 
 
person by whom the individual would be (or would have been)
40
 
employed if the individual worked the shift;
 
 
“worker” , in relation to a shift, includes an individual who would
 
 
be (or would have been) a worker if the individual worked
 
 
the shift.
 

Page 19

 
(8)
In this section, “notice of a shift” means notice of how many hours
 
 
are to be worked and when the shift is to start and end.
 
27BK
Right to reasonable notice of cancellation of or change to a shift
 
 
(1)
Subsection (2) applies in relation to an employer and a worker where—
 
 
(a)
the employer has given notice of a shift to the worker,
5
 
(b)
the shift is one that the worker was entitled to reasonable notice
 
 
of under section 27BJ (1) , (2) or (3) , and
 
 
(c)
where the shift is one that the employer has requested (rather
 
 
than required) the worker to work, the worker has agreed to
 
 
work it.
10
 
(2)
The employer must give reasonable notice to the worker of—
 
 
(a)
the cancellation of the shift by the employer;
 
 
(b)
any change requested or required by the employer consisting
 
 
of—
 
 
(i)
a change to when the shift is to start or end;
15
 
(ii)
a reduction in the number of hours to be worked during
 
 
the shift because of a break in the shift;
 
 
(but this is subject to section 27BM ).
 
 
(3)
It is to be presumed, unless the contrary is shown, that—
 
 
(a)
notice of the cancellation of a shift is not reasonable notice for
20
 
the purposes of subsection (2) if it is given less than a specified
 
 
amount of time before the shift would have started (if the shift
 
 
had not been cancelled);
 
 
(b)
notice of a change to when a shift is to start is not reasonable
 
 
notice for the purposes of subsection (2) if it is given less than
25
 
a specified amount of time before the earlier of—
 
 
(i)
when the shift would have started (if the shift had not
 
 
been changed), and
 
 
(ii)
when the shift is due to start (having been changed);
 
 
(c)
notice of any other change to a shift is not reasonable notice
30
 
for the purposes of subsection (2) if it is given—
 
 
(i)
less than a specified amount of time before the shift is
 
 
due to start;
 
 
(ii)
on or after the start of the shift.
 
 
(4)
In this section, “notice of a shift” has the same meaning as in section
35
 
27BJ .
 
27BL
Sections
 
 
(1)
None of the duties imposed by sections 27BJ and 27BK applies in
 
 
relation to a shift that would be (or would have been) worked, or is
 
 
being worked, by a worker as an agency worker (but see Part 2 of
40

Page 20

 
Schedule A1 for provision about rights of agency workers to reasonable
 
 
notice in relation to shifts).
 
 
(2)
Where a worker suggests working a shift and the employer agrees to
 
 
the suggestion—
 
 
(a)
the duties imposed by section 27BJ (1) , (2) and (3) do not apply
5
 
in relation to the shift as suggested by the worker, but
 
 
(b)
the duty imposed by section 27BK (2) applies (even though the
 
 
conditions in section 27BK (1) have not been met).
 
 
(3)
Section 27BJ (6) applies for the purposes of subsection (2) of this section
 
 
as if section 27BJ (6) (c) referred to what the worker suggests rather
10
 
than what the employer requests or requires.
 
 
(4)
In sections 27BJ and 27BK , references to a request to work a shift made
 
 
by an employer to a worker include a request (a “multi-worker
 
 
request”) made by the employer to the worker and one or more others
 
 
in circumstances where the employer does not need the shift to be
15
 
worked by all of those to whom the request is made.
 
 
(5)
For the purposes of section 27BK , where an employer has made a
 
 
multi-worker request to a worker in relation to a shift, references to
 
 
the cancellation of the shift include the worker not being needed to
 
 
work the shift because one or more others have agreed to work it.
20
 
(6)
The Secretary of State may by regulations make provision about—
 
 
(a)
the form and manner in which notice under sections 27BJ and
 
 
27BK must be given;
 
 
(b)
when notice under those sections is to be treated as having
 
 
been given.
25
27BM
Interaction with Chapter 4
 
 
(1)
Where an employer—
 
 
(a)
is required to make a payment to a worker under section 27BP
 
 
in relation to a shift that the employer cancels, moves or curtails
 
 
at short notice, or
30
 
(b)
would have been required to make such a payment in relation
 
 
to the shift but for provision made under section 27BR (1) (c) ,
 
 
nothing in section 27BK (2) is to be taken to have applied in relation
 
 
to the cancellation, movement or curtailment of the shift that gave rise
 
 
to, or would have given rise to, the requirement to make the payment.
35
 
(2)
Terms used in this section have the same meaning as in section 27BP .
 
27BN
Complaints to employment tribunals
 
 
(1)
A worker may present a complaint to an employment tribunal that
 
 
the worker’s employer has failed to comply with a duty imposed by
 
 
section 27BJ or 27BK .
40

Page 21

 
(2)
Where, in determining whether a complaint under this section is
 
 
well-founded, the tribunal must determine whether reasonable notice
 
 
has been given, the tribunal must have regard, in particular, to such
 
 
of the specified matters as are appropriate in the circumstances.
 
 
(3)
An employment tribunal must not consider a complaint under this
5
 
section unless it is presented before the end of the period of six months
 
 
beginning with—
 
 
(a)
where the complaint is that the employer failed to comply with
 
 
a duty imposed by section 27BJ (1) , (2) or (3) in relation to a
 
 
shift, the day on which the shift was due to start;
10
 
(b)
where the complaint is that the employer failed to comply with
 
 
the duty imposed by section 27BK (2) in relation to the
 
 
cancellation of a shift, the day on which the shift would have
 
 
started (if the shift had not been cancelled);
 
 
(c)
where the complaint is that the employer failed to comply with
15
 
the duty imposed by section 27BK (2) in relation to a change
 
 
to a shift, the day on which the shift as changed was due to
 
 
start or, where the shift was changed on or after its start, the
 
 
day on which the shift started.
 
 
(4)
But, if the employment tribunal is satisfied that it was not reasonably
20
 
practicable for a complaint 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.
 
 
(5)
Section 207B (extension of time limits to facilitate conciliation before
25
 
institution of proceedings) applies for the purposes of subsection (3) .
 
27BO
Remedies
 
 
(1)
Where an employment tribunal finds a complaint under section 27BN
 
 
well-founded, the tribunal—
 
 
(a)
must make a declaration to that effect, and
30
 
(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) in relation to a
 
 
complaint is to be such amount, not exceeding the specified amount,
 
 
as the tribunal considers just and equitable in all the circumstances to
35
 
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
40
 
and Wales or (as the case may be) Scotland.”
 

Page 22

3
Right to payment for cancelled, moved and curtailed shifts
 
 
After section 27BO of the Employment Rights Act 1996 (inserted by section
 
 
2 ) insert—
 

Chapter 4

 
 
Right to payment for cancelled, moved and curtailed shifts
5
27BP
Right to payment for a cancelled, moved or curtailed shift
 
 
(1)
An employer must make a payment of a specified amount to a worker
 
 
each time that the employer cancels, moves or curtails at short notice
 
 
a qualifying shift—
 
 
(a)
that the employer has informed the worker they are required
10
 
to work,
 
 
(b)
that the employer has requested the worker to work and the
 
 
worker has agreed to work, or
 
 
(c)
that the worker has suggested working and the employer has
 
 
agreed to the worker working,
15
 
(but see section 27BR for exceptions to this duty).
 
 
(2)
A shift is a “qualifying shift”, in relation to a worker and an employer,
 
 
if it would be (or would have been) worked, or is being worked, by
 
 
the worker for the employer under—
 
 
(a)
a zero hours contract,
20
 
(b)
a worker’s contract entered into in accordance with a zero
 
 
hours arrangement, or
 
 
(c)
a worker’s contract of a specified description that requires the
 
 
employer to make some work available to the worker but does
 
 
not provide on what days and at what times, or in accordance
25
 
with what pattern of days and times, that work is to be done
 
 
by the worker.
 
 
(3)
A shift is also a “qualifying shift”, in relation to a worker and an
 
 
employer, if—
 
 
(a)
it would be (or would have been) worked, or is being worked,
30
 
by the worker for the employer under a worker’s contract of
 
 
a specified description,
 
 
(b)
the contract provides on what days and at what times, or in
 
 
accordance with what pattern of days and times, that work, or
 
 
some of that work, is to be done by the worker, and
35
 
(c)
no part of the shift corresponds to the time of a shift provided
 
 
for by the contract as described in paragraph (b) .
 
 
(4)
Where—
 
 
(a)
the conditions in subsection (3) (a) and (b) are met in relation
 
 
to a shift,
40

Page 23

 
(b)
all or part of the shift corresponds to the time of a shift (a
 
 
“guaranteed shift”) provided for by the contract as described
 
 
in subsection (3) (b) ,
 
 
(c)
the employer requests or requires, or the worker suggests, that
 
 
the worker starts earlier, or ends later, than is provided for by
5
 
the contract (as described in subsection (3) (b) ) in relation to
 
 
the guaranteed shift, and
 
 
(d)
the earlier start or later end is to result in an additional number
 
 
of hours being worked above the number of hours to be worked
 
 
in the guaranteed shift,
10
 
the additional hours are to be treated for the purposes of this Chapter
 
 
as a separate shift (and accordingly as a “qualifying shift”).
 
 
(5)
A payment that an employer is required to make under subsection
 
 
(1) must be made by no later than the specified day.
 
 
(6)
For the purposes of this Chapter, “short notice” means—
15
 
(a)
in relation to the cancellation of a shift, notice given less than
 
 
a specified amount of time before the shift would have started
 
 
(if the shift had not been cancelled);
 
 
(b)
in relation to the movement of a shift, or the movement and
 
 
curtailment (at the same time) of a shift, notice given less than
20
 
a specified amount of time before the earlier of—
 
 
(i)
when the shift would have started (if the shift had not
 
 
been moved, or moved and curtailed), and
 
 
(ii)
when the shift is due to start (having been moved, or
 
 
moved and curtailed);
25
 
(c)
in relation to the curtailment of a shift where there is a change
 
 
to when the shift is to start (but there is no movement of the
 
 
shift), notice given less than a specified amount of time before
 
 
the earlier of—
 
 
(i)
when the shift would have started (if there had not
30
 
been the change), and
 
 
(ii)
when the shift is due to start (the change having been
 
 
made);
 
 
(d)
in relation to the curtailment of a shift where there is no change
 
 
to when the shift is to start, notice given—
35
 
(i)
less than a specified amount of time before the shift is
 
 
due to start;
 
 
(ii)
on or after the start of the shift.
 
 
(7)
The Secretary of State may by regulations make provision about when
 
 
notice of the cancellation, movement or curtailment of a shift is to be
40
 
treated as having been given by an employer to a worker.
 
 
(8)
For the purposes of this Chapter—
 

Page 24

 
“employer” , in relation to an individual and a shift, includes a
 
 
person by whom the individual would be (or would have been)
 
 
employed if the individual worked the shift;
 
 
“worker” , in relation to a shift, includes an individual who would
 
 
be (or would have been) a worker if the individual worked
5
 
the shift.
 
 
(9)
In this Chapter, references to the “movement” of a shift (however
 
 
expressed) are to any change to the day on which or the time at which
 
 
the shift is to start that is a change of more than a specified amount
 
 
of time.
10
 
(10)
In this Chapter, references to a request to work a shift made by an
 
 
employer to a worker include a request (a “multi-worker request”)
 
 
made by the employer to the worker and one or more others in
 
 
circumstances where the employer does not need the shift to be worked
 
 
by all of those to whom the request is made.
15
 
(11)
For the purposes of this Chapter, where an employer has made a
 
 
multi-worker request to a worker in relation to a shift, references to
 
 
the cancellation of the shift (however expressed) include the worker
 
 
not being needed to work the shift because one or more others have
 
 
agreed to work it.
20
27BQ
Regulations under section
 
 
(1)
Regulations under section 27BP (1) may not specify an amount to be
 
 
paid to a worker in relation to the cancellation, movement or
 
 
curtailment of a shift that exceeds—
 
 
(a)
where the shift is cancelled, the amount of remuneration to
25
 
which the worker would have been entitled had they worked
 
 
the hours that will not be worked because of the cancellation;
 
 
(b)
where the shift is moved, or moved and curtailed (at the same
 
 
time), and no part of the shift as moved, or as moved and
 
 
curtailed, corresponds to the time of the shift (“the original
30
 
shift”) before it was moved, or moved and curtailed, the
 
 
amount of remuneration to which the worker would have been
 
 
entitled had they worked the original shift;
 
 
(c)
where the shift is moved, or moved and curtailed (at the same
 
 
time), and part of the shift as moved, or as moved and
35
 
curtailed, corresponds to the time of the original shift (but part
 
 
does not), the amount of remuneration to which the worker
 
 
would have been entitled had they worked the part of the
 
 
original shift that does not correspond to the shift as moved,
 
 
or as moved and curtailed;
40
 
(d)
where the shift is—
 
 
(i)
curtailed but not moved, or
 

Page 25

 
(ii)
moved and curtailed (at the same time) and the shift
 
 
as moved and curtailed is to start and end within the
 
 
time of the original shift,
 
 
the amount of remuneration to which the worker would have
 
 
been entitled had they worked the hours that will not be
5
 
worked because of the curtailment, or the movement and
 
 
curtailment.
 
 
(2)
Regulations under section 27BP (1) may, in particular, include provision
 
 
specifying different amounts depending on the amount of notice that
 
 
was given of the cancellation, movement or curtailment.
10
 
(3)
Regulations under section 27BP (2) (c) or (3) (a) may, in particular, specify
 
 
a description of worker’s contract by reference to—
 
 
(a)
it being a worker’s contract that entitles a worker to be paid
 
 
no more than a specified amount;
 
 
(b)
it being a worker’s contract that requires an employer to make
15
 
work available to a worker for no more than a specified number
 
 
of hours.
 
 
(4)
Regulations under section 27BP (6) may not specify an amount of time
 
 
that exceeds 7 days.
 
 
27BR
Exceptions to duty to make payment for a cancelled, moved or
20
 
curtailed shift
 
 
(1)
The requirement to make a payment under section 27BP (1) does not
 
 
apply—
 
 
(a)
in relation to a shift that would be (or would have been)
 
 
worked, or is being worked, by a worker as an agency worker
25
 
(but see Part 3 of Schedule A1 for provision about rights of
 
 
agency workers to payment for cancelled, moved and curtailed
 
 
shifts);
 
 
(b)
in relation to the cancellation, movement or curtailment of a
 
 
shift that an employer has requested a worker to work, unless
30
 
the worker reasonably believed, whether on agreeing to work
 
 
the shift or at some later time before the cancellation, movement
 
 
or curtailment, that they would be needed to work the shift;
 
 
(c)
in other specified circumstances.
 
 
(2)
Where, by virtue of regulations made under subsection (1) (c) , an
35
 
employer is not required to make a payment to a worker in relation
 
 
to a shift under section 27BP (1) , the employer must give a notice to
 
 
the worker that—
 
 
(a)
states which provision of the regulations has produced the
 
 
effect that the employer is not required to make the payment,
40
 
and
 
 
(b)
explains why the employer was entitled to rely on that
 
 
provision.
 

Page 26

 
(3)
But subsection (2) (b) does not require an employer to disclose—
 
 
(a)
any information the disclosure of which by the employer would
 
 
contravene the data protection legislation (but in determining
 
 
whether a disclosure would do so, the duty imposed by that
 
 
subsection is to be taken into account);
5
 
(b)
any information that is commercially sensitive;
 
 
(c)
any information the disclosure of which by the employer would
 
 
constitute a breach of a duty of confidentiality owed by the
 
 
employer to any other person.
 
 
(4)
In subsection (3) (a) “the data protection legislation” has the same
10
 
meaning as in the Data Protection Act 2018 (see section 3(9) of that
 
 
Act).
 
 
(5)
The Secretary of State may by regulations make provision about—
 
 
(a)
the form and manner in which a notice under this section must
 
 
be given;
15
 
(b)
the day on or before which it must be given;
 
 
(c)
when a notice under this section is to be treated as having been
 
 
given.
 
 
(6)
The duty in subsection (2) does not apply if, before the day on or
 
 
before which the notice must be given, the employer has paid to the
20
 
worker an amount in relation to a number of hours that is at least
 
 
equal to the amount of the payment that the employer would have
 
 
been required to make to the worker under section 27BP (1) in relation
 
 
to the same number of hours but for regulations made under subsection
 
 
(1) (c) .
25
 
(7)
Subsection (4) of section 27BS applies for the purposes of subsection
 
 
(6) of this section as it applies for the purposes of subsections (2) and
 
 
(3) of that section.
 
27BS
Contractual remuneration
 
 
(1)
The right of a worker to receive a payment from an employer under
30
 
section 27BP (1) does not affect any right of the worker in relation to
 
 
remuneration under a worker’s contract entered into between the
 
 
worker and the employer (“contractual remuneration”).
 
 
(2)
Any contractual remuneration paid to a worker by an employer in
 
 
relation to a number of hours goes towards discharging any liability
35
 
of the employer to make a payment to the worker under section
 
 
27BP (1) in relation to the same hours.
 
 
(3)
Any payment made by an employer to a worker under section 27BP (1)
 
 
in relation to a number of hours goes towards discharging any liability
 
 
of the employer to pay contractual remuneration to the worker in
40
 
relation to the same hours.
 

Page 27

 
(4)
For the purposes of subsections (2) and (3) , the hours to which a
 
 
payment under section 27BP (1) relates are—
 
 
(a)
where a shift has been cancelled, the hours that would have
 
 
been worked if the shift had not been cancelled;
 
 
(b)
where a shift has been moved, or moved and curtailed (at the
5
 
same time), and no part of the shift as moved, or as moved
 
 
and curtailed, corresponds to the time of the shift (“the original
 
 
shift”) before it was moved, or moved and curtailed, the hours
 
 
that would have been worked during the original shift;
 
 
(c)
where a shift has been moved, or moved and curtailed (at the
10
 
same time), and part of the shift as moved, or as moved and
 
 
curtailed, corresponds to the time of the original shift (but part
 
 
does not), the hours that would have been worked during the
 
 
part of the original shift that does not correspond to the shift
 
 
as moved, or as moved and curtailed;
15
 
(d)
where a shift has been—
 
 
(i)
curtailed but not moved, or
 
 
(ii)
moved and curtailed (at the same time) and the shift
 
 
as moved and curtailed is to start and end within the
 
 
time of the original shift,
20
 
the hours that would have been worked if the shift had not
 
 
been curtailed, or moved and curtailed.
 
27BT
Complaints to employment tribunal
 
 
(1)
A worker may present a complaint to an employment tribunal that
 
 
the worker’s employer—
25
 
(a)
has failed to make the whole or any part of a payment that
 
 
the employer is liable to make to the worker under section
 
 
27BP (1) ;
 
 
(b)
has unreasonably failed to give to the worker a notice under
 
 
section 27BR (2) ;
30
 
(c)
has given to the worker a notice in purported compliance with
 
 
section 27BR (2) that—
 
 
(i)
does not refer to any provision of the regulations;
 
 
(ii)
does not contain an explanation or contains an
 
 
explanation that is inadequate or untrue.
35
 
(2)
An employment tribunal must not consider a complaint under
 
 
subsection (1) (a) relating to a payment 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 payment should have been made (see
 
 
section 27BP (5) ).
40
 
(3)
An employment tribunal must not consider a complaint under
 
 
subsection (1) (b) relating to a notice unless it is presented before the
 
 
end of the period of six months beginning with the day after the day
 

Page 28

 
on or before which the notice should have been given (see section
 
 
27BR (5) (b) ).
 
 
(4)
An employment tribunal must not consider a complaint under
 
 
subsection (1) (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
5
 
on which the notice is given.
 
 
(5)
But, if the employment tribunal is satisfied that it was not reasonably
 
 
practicable for a complaint under this section 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
10
 
tribunal considers reasonable.
 
 
(6)
Section 207B (extension of time limits to facilitate conciliation before
 
 
institution of proceedings) applies for the purposes of subsections (2)
 
 
to (4) .
 
27BU
Remedies
15
 
(1)
Where an employment tribunal finds a complaint under section
 
 
27BT (1) (a) well-founded, the tribunal must—
 
 
(a)
make a declaration to that effect, and
 
 
(b)
order the employer to pay to the worker the amount of the
 
 
payment under section 27BP (1) which it finds is due to the
20
 
worker.
 
 
(2)
Where an employment tribunal finds a complaint under section
 
 
27BT (1) (b) or (c) well-founded, the tribunal—
 
 
(a)
must make a declaration to that effect, and
 
 
(b)
may order the employer to make a payment to the worker of
25
 
such amount, not exceeding the specified amount, as the
 
 
tribunal considers just and equitable in all the circumstances.
 
 
(3)
But an employment tribunal may not make an order under subsection
 
 
(2) (b) relating to a notice given in purported compliance with section
 
 
27BR (2) if the tribunal makes an order under subsection (1) (b) relating
30
 
to the same payment to which the notice related.
 
 
(4)
In determining—
 
 
(a)
whether to make an order under subsection (2) (b) , and
 
 
(b)
if so, how much to order the employer to pay,
 
 
an employment tribunal must have regard, in particular, to the
35
 
seriousness of the matter complained of.”
 

Page 29

4
Agency workers: guaranteed hours and rights relating to shifts
 
 
(1)
After section 27BU of the Employment Rights Act 1996 (inserted by section
 
 
3 ) insert—
 

Chapter 5

 
 
Agency workers: guaranteed hours and rights relating to shifts
5
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
10
 
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
15
 
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
20
 
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
25
 
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
30
 
(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
35
 
(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,
40

Page 30

 
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
5
 
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.”
 
 
(2)
Schedule 1 inserts Schedule A1 into the Employment Rights Act 1996.
10
5
Collective agreements: contracting out
 
 
(1)
The Employment Rights Act 1996 is amended as follows.
 
 
(2)
After section 27BV (inserted by section 4 ) insert—
 

Chapter 6

 
 
Collective agreements: contracting out
15
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.
20
 
(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
25
 
(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.
30
 
(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
35
 
(ii)
the worker’s employer.
 

Page 31

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
5
 
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
10
 
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,
15
 
(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—
20
 
(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.
25
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,
30
 
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
35
 
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
40
 
ceases to apply.
 

Page 32

 
(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) ,
5
 
(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.
10
 
(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
15
 
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) —
20
 
(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
25
 
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
30
 
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
35
 
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
40
 
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
 

Page 33

 
(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.
5
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
10
 
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
15
 
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
20
 
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
25
 
(Consolidation) Act 1992.”
 
 
(3)
In section 203 (restrictions on contracting out), in subsection (2), before
 
 
paragraph (a) insert—
 
 
“(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
30
 
under Chapter 6 of Part 2A,”.
 

Page 34

6
Amendments relating to sections
 
 
(1)
After section 27BZ1 of the Employment Rights Act 1996 (inserted by section
 
 
5 ) insert—
 

Chapter 7

 
 
General
5
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
10
 
(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—
15
 
(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
20
 
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
25
 
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
30
 
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;
35
 
(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;
40

Page 35

 
(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.”
 
 
(2)
Schedule 2 contains consequential amendments relating to sections 1 to 5 .
5
7
Repeal of Workers (Predictable Terms and Conditions) Act 2023
 
 
The Workers (Predictable Terms and Conditions) Act 2023 is repealed.
 
8
Exclusivity terms in zero hours arrangements
 
 
(1)
Section 27B of the Employment Rights Act 1996 (power to make further
 
 
provision in relation to zero hours workers) is amended as follows.
10
 
(2)
In subsection (1), for “their contracts or arrangements” substitute “their
 
 
worker’s contracts or their arrangements”.
 
 
(3)
In subsection (2)(b), omit “non-contractual”.
 
 
(4)
In subsection (4)—
 
 
(a)
in the words before paragraph (a)—
15
 
(i)
omit “non-contractual”;
 
 
(ii)
after “arrangement”, in the second place it occurs, insert
 
 
“(whether contractual or non-contractual)”;
 
 
(b)
in the words after paragraph (b), omit “non-contractual”.
 
 
(5)
In subsection (5)(a)(ii), omit “non-contractual”.
20
 
(6)
In subsection (6)—
 
 
(a)
after “provision for” insert “—
 
 
(a)
;
 
 
(b)
after “does not apply” insert—
 
 
“(b)
exclusivity terms in prescribed categories of zero hours
25
 
arrangements that are contractual arrangements to be
 
 
unenforceable”;
 
 
(c)
at the end of the subsection insert “or (as the case may be) an
 
 
individual is restricted from doing any work otherwise than under a
 
 
worker’s contract entered into in accordance with the zero hours
30
 
arrangement.”
 

Flexible working

 
9
Right to request flexible working
 
 
(1)
Part 8A of the Employment Rights Act 1996 (flexible working) is amended
 
 
in accordance with subsections (2) to (6) .
35

Page 36

 
(2)
Section 80G (employer’s duties in relation to application for change to working
 
 
hours, etc) is amended in accordance with subsections (3) to (5) .
 
 
(3)
In subsection (1), for paragraph (b) substitute—
 
 
“(b)
may refuse the application only if—
 
 
(i)
the employer considers that the application should be
5
 
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—
10
 
(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;
15
 
(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
20
 
regulations.”
 
 
(4)
After subsection (1ZA) insert—
 
 
“(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
25
 
(b)
explain why the employer considers that it is reasonable to
 
 
refuse the application on that ground or those grounds.”
 
 
(5)
After subsection (1D) insert—
 
 
“(1E)
The steps which an employer must take in order to comply with
 
 
subsection (1)(aza) include, among others, any steps specified in
30
 
regulations made by the Secretary of State.”
 
 
(6)
In section 80H (complaints to employment tribunals), in subsection (1)(a), for
 
 
“comply with” substitute “act in accordance with”.
 
 
(7)
In section 202 of the Employment Rights Act 1996 (national security), in
 
 
subsection (2), after paragraph (e) insert—
35
 
“(eza)
Part 8A,”.
 

Page 37

Statutory sick pay

 
10
Statutory sick pay in Great Britain: removal of waiting period
 
 
(1)
Part 11 of the Social Security Contributions and Benefits Act 1992 (statutory
 
 
sick pay) is amended as follows.
 
 
(2)
In section 151(1) (employer’s liability), for “sections 152 to 154” substitute
5
 
“sections 153 and 154”.
 
 
(3)
In section 152 (period of incapacity for work)—
 
 
(a)
omit subsection (1);
 
 
(b)
in subsection (2), for the words from “any” to “is” substitute “a period
 
 
of one day which is, or of two or more consecutive days each of which
10
 
is,”.
 
 
(4)
In section 153(1) (period of entitlement), for “second” substitute “first”.
 
 
(5)
In section 154(1) (qualifying days), for “third” substitute “second”.
 
 
(6)
In section 155 (limitations on entitlement), omit subsection (1).
 
 
(7)
In section 156(2) (notification of incapacity for work), omit paragraph (b) (and
15
 
the “or” at the end of paragraph (a)).
 
11
Statutory sick pay in Great Britain: lower earnings limit etc
 
 
(1)
Part 11 of the Social Security Contributions and Benefits Act 1992 (statutory
 
 
sick pay) is amended as follows.
 
 
(2)
In section 157 (rates of payment), for subsection (1) substitute—
20
 
“(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.”
 
 
(3)
In Schedule 11 (circumstances in which periods of entitlement to statutory
25
 
sick pay do not arise), in paragraph 2, omit paragraph (c) (lower earnings
 
 
limit).
 
12
Statutory sick pay in Northern Ireland: removal of waiting period
 
 
(1)
Part 11 of the Social Security Contributions and Benefits (Northern Ireland)
 
 
Act 1992 (statutory sick pay) is amended as follows.
30
 
(2)
In section 147(1) (employer’s liability), for “sections 148 to 150” substitute
 
 
“sections 149 and 150”.
 
 
(3)
In section 148 (period of incapacity for work)—
 
 
(a)
omit subsection (1);
 

Page 38

 
(b)
in subsection (2), for the words from “any” to “is” substitute “a period
 
 
of one day which is, or of two or more consecutive days each of which
 
 
is,”.
 
 
(4)
In section 149(1) (period of entitlement), for “second” substitute “first”.
 
 
(5)
In section 150(1) (qualifying days), for “third” substitute “second”.
5
 
(6)
In section 151 (limitations on entitlement), omit subsection (1).
 
 
(7)
In section 152(2) (notification of incapacity for work), omit paragraph (b) (and
 
 
the “or” at the end of paragraph (a)).
 
13
Statutory sick pay in Northern Ireland: lower earnings limit etc
 
 
(1)
Part 11 of the Social Security Contributions and Benefits (Northern Ireland)
10
 
Act 1992 (statutory sick pay) is amended as follows.
 
 
(2)
In section 153 (rate of payment), for subsection (1) substitute—
 
 
“(1)
The weekly rate of statutory sick pay that an employer must pay to
 
 
an employee is the lower of—
 
 
(a)
£118.75, and
15
 
(b)
80% of the employee’s normal weekly earnings.”
 
 
(3)
In Schedule 11 (circumstances in which periods of entitlement to statutory
 
 
sick pay do not arise), in paragraph 2, omit paragraph (c) (lower earnings
 
 
limit).
 

Tips and gratuities, etc

20
14
Policy about allocating tips etc: consultation and review
 
 
(1)
Section 27I of the Employment Rights Act 1996 (written policy about allocation
 
 
of tips etc) is amended as follows.
 
 
(2)
After subsection (2) insert—
 
 
“(2A)
Before producing the first version of the written policy for a place of
25
 
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
30
 
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.”
 

Page 39

 
(3)
After subsection (3) insert—
 
 
“(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—
5
 
(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
10
 
previous review.
 
 
(3C)
An employer must consult persons as described in subsection (2A) as
 
 
part of every review of the written policy.”
 
 
(4)
After subsection (6) insert—
 
 
“(7)
An employer who has carried out a consultation required by this
15
 
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
20
 
meaning as in the Trade Union and Labour Relations (Consolidation)
 
 
Act 1992 (see section 178 of that Act).”
 

Entitlements to leave

 
15
Parental leave: removal of qualifying period of employment
 
 
In section 76 of the Employment Rights Act 1996 (entitlement to parental
25
 
leave), in subsection (1), omit paragraph (a) (and the “and” after it).
 
16
Paternity leave: removal of qualifying period of employment
 
 
(1)
In section 80A of the Employment Rights Act 1996 (entitlement to paternity
 
 
leave: birth)—
 
 
(a)
in subsection (1), omit paragraph (a);
30
 
(b)
in subsection (6A), omit paragraph (a).
 
 
(2)
In section 80B of that Act (entitlement to paternity leave: adoption)—
 
 
(a)
in subsection (1), omit paragraph (a);
 
 
(b)
in subsection (6C), omit paragraph (a).
 

Page 40

17
Ability to take paternity leave following shared parental leave
 
 
(1)
In section 80A of the Employment Rights Act 1996 (entitlement to paternity
 
 
leave: birth)—
 
 
(a)
omit subsection (4A);
 
 
(b)
in subsection (6A), omit paragraph (c).
5
 
(2)
In section 80B of that Act (entitlement to paternity leave: adoption)—
 
 
(a)
omit subsection (4A);
 
 
(b)
in subsection (6C), omit paragraph (c).
 
 
(3)
In section 171ZE of the Social Security Contributions and Benefits Act 1992
 
 
(rate and period of statutory paternity pay), in subsection (3A), omit paragraph
10
 
(b) (and the “or” before it).
 
 
(4)
In consequence of the amendments made by subsections (1)(a) and (2)(a), in
 
 
section 118 of the Children and Families Act 2014, omit subsections (6) and
 
 
(7).
 
18
Bereavement leave
15
 
(1)
The Employment Rights Act 1996 is amended in accordance with subsections
 
 
(2) to (11) .
 
 
(2)
In Chapter 4 of Part 8, in the heading, for “Parental bereavement leave”
 
 
substitute “Bereavement leave”.
 
 
(3)
In section 80EA (parental bereavement leave)—
20
 
(a)
in subsection (1), for “bereaved parent” substitute “bereaved person”;
 
 
(b)
for subsection (2) substitute—
 
 
“(2)
For the purposes of subsection (1) an employee is a “bereaved
 
 
person” if the employee satisfies conditions specified in the
 
 
regulations as to relationship with a person who has died.”;
25
 
(c)
in subsection (3), for “The conditions” substitute “In a case where the
 
 
person who has died is a child, the conditions”;
 
 
(d)
in subsection (4)(a), for “child” substitute “person”;
 
 
(e)
after subsection (5) insert—
 
 
“(5A)
Provision under subsection (4)(a) must secure that, where an
30
 
employee is entitled to leave under this section in respect of a
 
 
person other than a child, the employee is entitled to at least
 
 
one week’s leave.”;
 
 
(f)
in subsection (6), for “child’s” substitute “person’s”;
 
 
(g)
for subsection (7) substitute—
35
 
“(7)
The regulations must secure that, where an employee is eligible
 
 
under subsection (1) as the result of the death of more than
 
 
one person, the employee is entitled to leave in respect of each
 
 
person.”;
 

Page 41

 
(h)
in the heading, for “Parental bereavement” substitute “Bereavement”.
 
 
(4)
In section 47C (rights not to suffer detriment: leave for family and domestic
 
 
reasons), in subsection (2)(cb), omit “parental”.
 
 
(5)
In section 75I (rights during and after shared parental leave), in subsection
 
 
(3)(f), omit “parental”.
5
 
(6)
In section 80C (rights during and after paternity leave), in subsections (2)(bb)
 
 
and (4)(bb), omit “parental”.
 
 
(7)
In section 80EG (rights during and after neonatal care leave), in subsection
 
 
(2)(f), omit “parental”.
 
 
(8)
In section 88 (termination of employment: employments with normal working
10
 
hours)—
 
 
(a)
in subsection (1)(c), for “parental bereavement leave,” substitute
 
 
“bereavement leave,”;
 
 
(b)
in subsection (2), for “parental bereavement pay”, in the first place it
 
 
occurs, substitute “bereavement pay”.
15
 
(9)
In section 89 (termination of employment: employments without normal
 
 
working hours)—
 
 
(a)
in subsection (3)(b), for “parental bereavement leave,” substitute
 
 
“bereavement leave,”;
 
 
(b)
in subsection (4), for “parental bereavement pay”, in the first place it
20
 
occurs, substitute “bereavement pay”.
 
 
(10)
In section 99 (unfair dismissal: leave for family reasons), in subsection (3)(cb),
 
 
omit “parental”.
 
 
(11)
In section 235(1) (other definitions)—
 
 
(a)
before the definition of “business” insert—
25
 
““bereavement leave” means leave under section 80EA;”;
 
 
(b)
omit the definition of “parental bereavement leave”.
 
 
(12)
In Schedule 5 to the Income Tax (Earnings and Pensions) Act 2003 (enterprise
 
 
management initiatives), in paragraph 26(3)(b), for “parental bereavement
 
 
leave” substitute “bereavement leave”.
30
 
(13)
In the Income Tax Act 2007—
 
 
(a)
in section 186A (enterprise investment schemes: the number of
 
 
employees requirement), in subsection (4)(b)(i), for “parental
 
 
bereavement” substitute “bereavement”;
 
 
(b)
in section 257DJ (seed enterprise investment schemes: the number of
35
 
employees requirement), in subsection (4)(b)(i), for “parental
 
 
bereavement” substitute “bereavement”;
 
 
(c)
in section 257MH (tax relief for social investments: the number of
 
 
employees requirement), in subsection (4)(b)(i), for “parental
 
 
bereavement” substitute “bereavement”;
40

Page 42

 
(d)
in section 297A (venture capital trusts: the number of employees
 
 
requirement), in subsection (4)(b)(i), for “parental bereavement”
 
 
substitute “bereavement”.
 
 
(14)
In the Schedule to the Parental Bereavement (Leave and Pay) Act 2018, omit
 
 
paragraphs 25(2), 26(2) and 28(a).
5

Protection from harassment

 
19
Employers to take all reasonable steps to prevent sexual harassment
 
 
In section 40A of the Equality Act 2010 (employer duty to prevent sexual
 
 
harassment of employees), in subsection (1), before “reasonable steps” insert
 
 
“all”.
10
20
Harassment by third parties
 
 
In section 40 of the Equality Act 2010 (employees and applicants: harassment),
 
 
after subsection (1) insert—
 
 
“(1A)
An employer (A) must not permit a third party to harass a person (B)
 
 
who is an employee of A.
15
 
(1B)
For the purposes of subsection (1A), A permits a third party to harass
 
 
B only if—
 
 
(a)
the third party harasses B in the course of B’s employment by
 
 
A, and
 
 
(b)
A failed to take all reasonable steps to prevent the third party
20
 
from doing so.
 
 
(1C)
In this section “third party” means a person other than—
 
 
(a)
A, or
 
 
(b)
an employee of A.”
 
21
Sexual harassment: power to make provision about “reasonable steps”
25
 
(1)
The Equality Act 2010 is amended as follows.
 
 
(2)
In Part 5 (work), in Chapter 1 (employment, etc), after section 40A insert—
 
“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,
30
 
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—
35
 
(a)
carrying out assessments of a specified description;
 

Page 43

 
(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.
5
 
(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.”
 
 
(3)
In Part 16 (general and miscellaneous), in section 208(5) (regulations subject
10
 
to affirmative procedure), after paragraph (a) insert—
 
 
“(aa)
regulations under section 40B (prevention of sexual harassment:
 
 
power to specify “reasonable steps”);”.
 
22
Protection of disclosures relating to sexual harassment
 
 
(1)
Part 4A of the Employment Rights Act 1996 (protected disclosures) is amended
15
 
as follows.
 
 
(2)
In section 43B (disclosures qualifying for protection), in subsection (1), after
 
 
paragraph (d) insert—
 
 
“(da)
that sexual harassment has occurred, is occurring or is likely
 
 
to occur,”.
20
 
(3)
In section 43L(1) (other interpretative provisions), after the definition of “the
 
 
relevant failure” insert—
 
 
““sexual harassment” means harassment of the kind described in section
 
 
26(2) of the Equality Act 2010 (unwanted conduct of a sexual nature).”
 

Dismissal

25
23
Right not to be unfairly dismissed: removal of qualifying period, etc
 
 
Schedule 3 contains provision—
 
 
(a)
repealing section 108 of the Employment Rights Act 1996 (unfair
 
 
dismissal: qualifying period of employment), and
 
 
(b)
making further amendments of that Act in connection with that repeal.
30
24
Dismissal during pregnancy
 
 
(1)
Part 5B of the Employment Rights Act 1996 (redundancy during a protected
 
 
period of pregnancy) is amended as follows.
 
 
(2)
Section 49D (redundancy during a protected period of pregnancy) is amended
 
 
in accordance with subsections (3) to (5) .
35

Page 44

 
(3)
In the heading, after “Redundancy” insert “or dismissal”.
 
 
(4)
After subsection (1) insert—
 
 
“(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.”
5
 
(5)
In subsection (3), after “subsection (1)” insert “or (1A) ”.
 
 
(6)
After section 49D insert—
 
“49E
Section 49D: supplemental
 
 
Regulations under section 49D may—
 
 
(a)
make provision about notices to be given, evidence to be
10
 
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;
15
 
(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;
20
 
(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,
25
 
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.”
 
 
(7)
In the heading of Part 5B, after “Redundancy” insert “or dismissal”.
30
25
Dismissal following period of statutory family leave
 
 
(1)
Part 8 of the Employment Rights Act 1996 (leave for family reasons) is
 
 
amended as follows.
 
 
(2)
In section 74 (maternity leave: redundancy and dismissal), in subsection (2),
 
 
after “during” insert “, or after,”.
35
 
(3)
In section 75C (adoption leave: redundancy and dismissal), in subsection
 
 
(1)(b), after “during” insert “, or after,”.
 
 
(4)
In section 75J (shared parental leave: redundancy and dismissal), in subsection
 
 
(1)(b), after “during” insert “, or after,”.
 

Page 45

 
(5)
In section 80D (paternity leave: special cases)—
 
 
(a)
in subsection (1A)(b), after “bereaved employee” insert “, or dismissal
 
 
of a bereaved employee (other than by reason of redundancy),”;
 
 
(b)
in subsection (3)(b), for the words from “where” to the end substitute
 
 
“where the relevant person dies.
5
 
“In paragraph (b) “the relevant person” means the person by reference
 
 
to whom the employee satisfied the conditions specified by virtue of
 
 
subsection (1)(c) of that section so as to entitle the employee to that
 
 
leave.”
 
 
(6)
In section 80EH (neonatal care leave: special cases), in subsection (1)(b), after
10
 
“during” insert “or after”.
 
26
Dismissal for failing to agree to variation of contract, etc
 
 
(1)
The Employment Rights Act 1996 is amended as follows.
 
 
(2)
Part 10 (unfair dismissal) is amended as set out in subsections (3) and (4).
 
 
(3)
Before section 105 insert—
15
“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
20
 
(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
25
 
(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.
30
 
(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
35
 
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
 

Page 46

 
(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
5
 
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
10
 
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
15
 
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
20
 
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);
25
 
(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
30
 
be read accordingly.”
 
 
(4)
In section 108 (qualifying period of employment), in subsection (3), before
 
 
paragraph (h) insert—
 
 
“(go)
subsection (1) of section 104I (read with subsection (4) of that
 
 
section) applies,”.
35
 
(5)
In section 236 (orders and regulations), in subsection (3) (regulations subject
 
 
to affirmative procedure), after “99,” insert “ 104I (5) (e) ,”.
 

Page 47

Part 2

 

Other matters relating to employment

 

Procedure for handling redundancies

 
27
Collective redundancy: extended application of requirements
 
 
(1)
Chapter 2 of Part 4 of the Trade Union and Labour Relations (Consolidation)
5
 
Act 1992 (procedure for handling redundancies) is amended as follows.
 
 
(2)
In section 188 (duty of employer to consult representatives)—
 
 
(a)
before subsection (1) insert—
 
 
“(A1)
Subsection (1) applies where an employer is proposing to
 
 
dismiss as redundant within a period of 90 days or less—
10
 
(a)
at least the threshold number of employees (see section
 
 
195A ), or
 
 
(b)
20 or more employees at one establishment.”;
 
 
(b)
in subsection (1), for the words from “Where” to “the employer”
 
 
substitute “The employer”;
15
 
(c)
in subsection (1A), for “(1)” substitute “(A1)”;
 
 
(d)
after subsection (2) insert—
 
 
“(2A)
This section does not require the employer to—
 
 
(a)
consult all of the appropriate representatives together,
 
 
or
20
 
(b)
undertake the consultation with a view to reaching the
 
 
same agreement with all of the appropriate
 
 
representatives.”;
 
 
(e)
in subsection (4)—
 
 
(i)
in paragraph (c), at the beginning insert “where the employees
25
 
whom it is proposed to dismiss as redundant are at only one
 
 
establishment,”;
 
 
(ii)
after paragraph (c) insert—
 
 
“(ca)
where the employees whom it is proposed to
 
 
dismiss as redundant are at more than one
30
 
establishment—
 
 
(i)
the total number of employees of any
 
 
such description employed by the
 
 
employer, and
 
 
(ii)
details of the establishments at which
35
 
those employees are employed,”.
 
 
(3)
In section 193 (duty of employer to notify Secretary of State of certain
 
 
redundancies)—
 
 
(a)
omit subsection (1);
 

Page 48

 
(b)
before subsection (2) insert—
 
 
“(1A)
Subsection (2) applies where an employer is proposing to
 
 
dismiss as redundant within a period of 90 days or less—
 
 
(a)
at least the threshold number of employees (see section
 
 
195A ), or
5
 
(b)
20 or more employees at one establishment.”;
 
 
(c)
in subsection (2)—
 
 
(i)
for the words from “An employer” to “period” substitute “The
 
 
employer”;
 
 
(ii)
omit paragraphs (a) and (b);
10
 
(d)
after subsection (2) insert—
 
 
“(2A)
The notice must be given—
 
 
(a)
before the employer gives notice to terminate an
 
 
employee’s contract of employment in respect of any
 
 
of the dismissals;
15
 
(b)
at least 30 days before the first of the dismissals takes
 
 
effect, or, where the employer is proposing to dismiss
 
 
100 or more employees as mentioned in subsection (1A),
 
 
at least 45 days before the first of the dismissals takes
 
 
effect.”;
20
 
(e)
in subsection (3), for “(1) or (2)” substitute “(1A)”;
 
 
(f)
in subsection (4)(a), omit the words from “in relation to the
 
 
establishment” to the end;
 
 
(g)
in subsection (6), omit “(1) or”;
 
 
(h)
in subsection (7), for “(1)” substitute “(2)”.
25
 
(4)
In section 193A (redundancies of ships’ crew)—
 
 
(a)
in subsection (1)(a), omit “193(1) or”;
 
 
(b)
in subsection (2), for “section 193(1) or (2)” substitute “section 193(2)”.
 
 
(5)
After section 195 insert—
 
“195A
Construction of references to threshold number of employees
30
 
(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—
35
 
(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
40
 
reference to a specified percentage of employees, or determined
 
 
in another way specified in the regulations.
 

Page 49

 
(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
5
 
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.
10
 
(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
15
 
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.
20
 
(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.”
25
 
(6)
In section 197 (power to vary provisions), in subsection (1)—
 
 
(a)
in paragraph (a), for “188(2) and 193(1)” substitute “188(1A) and
 
 
193(2A)(b)”;
 
 
(b)
in the words after paragraph (b), for “188(2) and 193(1)” substitute
 
 
“188(1A) and 193(2A)(b)”.
30
 
(7)
In section 198A (employees being transferred to the employer from another
 
 
undertaking)—
 
 
(a)
in subsection (1)(b), for the words from “20 or more employees” to
 
 
“or less,” substitute “within a period of 90 days or less—
 
 
“(i)
at least the threshold number of employees (see
35
 
section 195A ), or
 
 
(ii)
20 or more employees at one establishment,”;
 
 
(b)
in subsection (4)(a)—
 
 
(i)
for “and as if” substitute “and, where relevant, as if”;
 
 
(ii)
for “(1)(b)” substitute “(1)(b)(ii)”.
40

Page 50

28
Collective redundancy consultation: protected period
 
 
(1)
Chapter 2 of Part 4 of the Trade Union and Labour Relations (Consolidation)
 
 
Act 1992 (procedure for handling redundancies) is amended as follows.
 
 
(2)
In section 189 (duty to consult representatives: complaint and protective
 
 
award), in subsection (4), in the words after paragraph (b), for “90” substitute
5
 
“180”.
 
 
(3)
In section 197 (power to vary provisions), in subsection (1)(b), for “periods”
 
 
substitute “period”.
 
29
Collective redundancy notifications: ships’ crew
 
 
(1)
In the Trade Union and Labour Relations (Consolidation) Act 1992, section
10
 
193A is amended in accordance with subsections (2) to (5) .
 
 
(2)
For the heading substitute “Application of section 193 in certain cases involving
 
 
redundancies of ships’ crew”.
 
 
(3)
In subsection (1)—
 
 
(a)
in the words before paragraph (a), for “has effect subject to this section”
15
 
substitute “applies with the modifications set out in subsections (2)
 
 
and (3)”;
 
 
(b)
in paragraph (b)—
 
 
(i)
at the beginning insert “some or all of”;
 
 
(ii)
for “vessel” substitute “ship”.
20
 
(4)
In subsection (2)—
 
 
(a)
before “to the competent authority” insert “, so far as relating to the
 
 
members of crew of a ship within subsection (1)(b),”;
 
 
(b)
for “vessel” substitute “ship”;
 
 
(c)
for “instead of” substitute “as well as”.
25
 
(5)
After subsection (2) insert—
 
 
“(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—
30
 
(a)
any kind of vessel used in navigation, and
 
 
(b)
hovercraft.”
 
 
(6)
In section 285 of the Trade Union and Labour Relations (Consolidation) Act
 
 
1992 (employment outside Great Britain)—
 
 
(a)
in subsection (1B), after “United Kingdom” insert “or a GB-linked
35
 
ship”;
 

Page 51

 
(b)
after subsection (2) insert—
 
 
“(3)
In this section, “GB-linked ship” means a ship providing a
 
 
service—
 
 
(a)
for the carriage of persons or goods, with or without
 
 
vehicles, and
5
 
(b)
that is within subsection (4) or (5) .
 
 
(4)
A service is within this subsection if it is operated between a
 
 
place in Great Britain and another place in the United Kingdom.
 
 
(5)
A service is within this subsection if—
 
 
(a)
ships providing the service entered a harbour in Great
10
 
Britain on at least 120 occasions in the period of 12
 
 
months ending with the day when the redundancy
 
 
proposal in question is settled by the employer, or
 
 
(b)
if the service has been provided for less than 12 months
 
 
before that day, ships providing the service entered a
15
 
harbour in Great Britain on at least 10 occasions in each
 
 
month for which the service has been provided.
 
 
(6)
But a service is not within subsection (5) if the service—
 
 
(a)
is for the purpose of leisure or recreation, or
 
 
(b)
is provided by a fishing vessel.
20
 
(7)
In this section—
 
 
“harbour” has the same meaning as in the Harbours Act
 
 
1964;
 
 
“ship” has the same meaning as in section 193A (see
 
 
subsection (4) of that section).”
25

Public sector outsourcing: protection of workers

 
30
Public sector outsourcing: protection of workers
 
 
(1)
The Procurement Act 2023 is amended as follows.
 
 
(2)
After Part 5 insert—
 

Part 5A

30
 
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 ).
35
 
(2)
Accordingly, in this Part, “appropriate authority”—
 

Page 52

 
(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.
5
 
(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;
10
 
(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
15
 
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
20
 
regulating—
 
 
(i)
joint or centralised procurement under a reserved
 
 
procurement arrangement, or
 
 
(ii)
joint or centralised procurement under a devolved
 
 
Welsh procurement arrangement.
25
 
(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;
30
 
(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;
35
 
(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
40
 
arrangement, except to the extent that the procurement—
 
 
(i)
is carried out by a devolved Scottish authority, and
 
 
(ii)
is not joint or centralised;
 

Page 53

 
(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
5
 
(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
10
 
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
15
 
(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.
20
 
(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—
25
 
(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
30
 
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—
35
 
(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—
40

Page 54

 
(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—
5
 
(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;
10
 
(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.
15
 
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—
20
 
(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
25
 
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;
30
 
(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
35
 
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.
 

Page 55

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—
5
 
(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
10
 
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
15
 
(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;
20
 
(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,
25
 
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).
30
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) ;
35
 
“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
40
 
the Employment Rights Act 1996 (see section 230 of that Act).
 

Page 56

 
(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
5
 
The Scottish Ministers may by regulations modify section 83A , 83B or
 
 
83E in consequence of a modification of Scottish procurement
 
 
legislation.”
 
 
(3)
In section 2 (contracting authorities), after subsection (1) insert—
 
 
“(1A)
But see also section 83B (5) (b) (i) (which provides for “contracting
10
 
authority” to have an extended meaning in relation to certain contracts
 
 
regulated under Part 5A (outsourcing: protection of workers)).”
 
 
(4)
In section 122 (regulations)—
 
 
(a)
in subsection (4) (regulations of Ministers of the Crown subject to
 
 
affirmative procedure), after paragraph (i) insert—
15
 
“(ia)
section 83C (provision for inclusion in relevant
 
 
outsourcing contracts);”;
 
 
(b)
in subsection (10) (regulations of Welsh Ministers subject to affirmative
 
 
procedure), after paragraph (g) insert—
 
 
“(ga)
section 83C (provision for inclusion in relevant
20
 
outsourcing contracts);”;
 
 
(c)
in subsection (14) (regulations of Scottish Ministers subject to
 
 
affirmative procedure), before paragraph (a) insert—
 
 
“(za)
section 83C (provision to be included in relevant
 
 
outsourcing contracts);
25
 
(zb)
section 83F (power to amend section 83A , 83B or 83E );”.
 
 
(5)
In section 123 (interpretation), in subsection (1), in the definition of
 
 
“appropriate authority”, at the end insert—
 
 
“(but see section 83A (2) for a different meaning of “appropriate authority” in
 
 
Part 5A (outsourcing: protection of workers));”.
30
 
(6)
In section 124 (index of defined expressions), for the entry for “appropriate
 
 
authority” substitute—
 
 
“appropriate authority (except in Part 5A)
 
 
section 123
 
 
appropriate authority (in Part 5A)
 
 
section 83A”.
 

Page 57

 
(7)
In Schedule 9A (procurement by devolved Scottish authorities), at the
 
 
appropriate place insert—
 
 
“Part 5A (outsourcing: protection of
 
 
workers)”.
 

Duties of employers relating to equality

5
31
Equality action plans
 
 
(1)
The Equality Act 2010 is amended as follows.
 
 
(2)
In Part 5 (work), in Chapter 3 (equality of terms), after section 78 insert—
 
 
“Equality action plans
 
78A
Equality action plans
10
 
(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
15
 
(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
20
 
(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.
25
 
(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;
30
 
(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
35
 
is published;
 

Page 58

 
(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
5
 
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
10
 
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
15
 
section that apply to a public authority specified in Part 4 of
 
 
Schedule 19 with the letter “D” included after the entry.”
 
 
(3)
In Part 16 (general and miscellaneous), in section 208(5) (regulations subject
 
 
to affirmative procedure), after paragraph (b) insert—
 
 
“(ba)
regulations under section 78A (equality action plans);”.
20
32
Provision of information relating to outsourced workers
 
 
(1)
The Equality Act 2010 is amended as follows.
 
 
(2)
In section 78 (gender pay gap information), after subsection (3) insert—
 
 
“(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
25
 
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)).”
30
 
(3)
In section 153 (power to impose specific duties on public authorities), after
 
 
subsection (1) insert—
 
 
“(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
35
 
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)).”
 

Page 59

 
(4)
In section 154 (power to impose specific duties: cross-border public authorities),
 
 
after subsection (3) insert—
 
 
“(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,
5
 
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)).”
 

Annual leave records

10
33
Duty to keep records relating to annual leave
 
 
(1)
The Working Time Regulations 1998 (S.I. 1998/1833) are amended as follows.
 
 
(2)
In Part 2 (rights and obligations concerning working time), after regulation
 
 
16A insert—
 
 
“Records relating to annual leave entitlement
15
 
16B.
(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);
20
 
(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.”
 
 
(3)
In regulation 29 (offences), in paragraph (1), after “the relevant requirements”
25
 
insert “or with regulation 16B(1)”.
 
 
(4)
In regulation 29C (restriction on institution of proceedings in England and
 
 
Wales)—
 
 
(a)
the existing provision becomes paragraph (1);
 
 
(b)
after that paragraph insert—
30
 
“(2)
But paragraph (1) does not prevent the Secretary of State from
 
 
instituting proceedings in England and Wales for an offence
 
 
under regulation 29(1) in respect of a failure to comply with
 
 
regulation 16B(1) (duty to keep records).”
 

Page 60

Employment businesses

 
34
Extension of regulation of employment businesses
 
 
In section 13 of the Employment Agencies Act 1973 (interpretation), for
 
 
subsection (3) substitute—
 
 
“(3)
For the purposes of this Act “employment business” means the business
5
 
(whether or not carried on with a view to profit and whether or not
 
 
carried on in conjunction with any other business) of participating in
 
 
employment arrangements.
 
 
(3A)
“Employment arrangements” means arrangements under which persons
 
 
who are, or are intended to be, in the employment of a person are, or
10
 
are intended to be, supplied to act for, and under the control of,
 
 
another person in any capacity.
 
 
(3B)
“Participating in” employment arrangements means doing any of the
 
 
following in connection with the arrangements—
 
 
(a)
being an employer of the persons who are, or are intended to
15
 
be, supplied under the arrangements;
 
 
(b)
paying for, or receiving or forwarding payment for, the services
 
 
of those persons, in consideration of directly or indirectly
 
 
receiving a fee from those persons;
 
 
(c)
supplying those persons (whether or not under the
20
 
arrangements);
 
 
(d)
taking steps with a view to doing anything mentioned in
 
 
paragraphs (a) to (c).”
 

Part 3

 

Pay and conditions in particular sectors

25

Chapter 1

 

School support staff

 
35
Pay and conditions of school support staff in England
 
 
Schedule 4 contains provision establishing the School Support Staff Negotiating
 
 
Body.
30

Page 61

Chapter 2

 

Social care workers

 

Social Care Negotiating Bodies

 
36
Power to establish Social Care Negotiating Body
 
 
(1)
For the purposes of this Chapter, the Secretary of State may by regulations
5
 
provide for there to be a body in England known as the Adult Social Care
 
 
Negotiating Body for England.
 
 
(2)
For the purposes of this Chapter, the Welsh Ministers may, with the agreement
 
 
of the Secretary of State, by regulations provide for there to be a body in
 
 
Wales known as the Social Care Negotiating Body for Wales.
10
 
(3)
For the purposes of this Chapter, the Scottish Ministers may, with the
 
 
agreement of the Secretary of State, by regulations provide for there to be a
 
 
body in Scotland known as the Social Care Negotiating Body for Scotland.
 
 
(4)
Any power of the Welsh Ministers or the Scottish Ministers to make
 
 
regulations under the remaining provisions of this Chapter may not be
15
 
exercised without the agreement of the Secretary of State.
 
 
(5)
In this Chapter—
 
 
“the appropriate authority” —
 
 
(a)
in relation to the Adult Social Care Negotiating Body for
 
 
England, means the Secretary of State;
20
 
(b)
in relation to the Social Care Negotiating Body for Wales, means
 
 
the Welsh Ministers;
 
 
(c)
in relation to the Social Care Negotiating Body for Scotland,
 
 
means the Scottish Ministers;
 
 
“Negotiating Body” means a body established by regulations under this
25
 
section.
 
37
Membership, procedure, etc of Negotiating Body
 
 
(1)
Where the appropriate authority provides for there to be a Negotiating Body
 
 
under section 36 , the authority may by regulations make further provision
 
 
about the Negotiating Body.
30
 
(2)
The provision that may be made by regulations under this section includes,
 
 
among other things—
 
 
(a)
provision about membership of the Negotiating Body, including
 
 
(among other things)—
 
 
(i)
provision about the appointment of members;
35
 
(ii)
provision about the number of members, or the number of
 
 
members of a specified description, which the Negotiating
 
 
Body is to have (see also subsection (3));
 

Page 62

 
(iii)
provision about the termination of appointments;
 
 
(b)
provision for the appointment of a person to chair the Negotiating
 
 
Body, including (among other things) provision for that person to be,
 
 
or not to be, a person of a specified description;
 
 
(c)
provision about how the Negotiating Body makes its decisions;
5
 
(d)
provision for the Negotiating Body to keep records of a specified
 
 
description;
 
 
(e)
provision for the payment of fees or expenses by the appropriate
 
 
authority to members of the Negotiating Body;
 
 
(f)
provision for staff or facilities to be provided to the Negotiating Body
10
 
by the appropriate authority;
 
 
(g)
provision about reports, including (among other things) provision
 
 
requiring the Negotiating Body to publish reports at specified times
 
 
or about specified matters.
 
 
(3)
Regulations under this section—
15
 
(a)
must provide that the persons appointed as members of the
 
 
Negotiating Body include—
 
 
(i)
officials of one or more trade unions that represent the interests
 
 
of social care workers;
 
 
(ii)
persons representing the interests of employers of social care
20
 
workers;
 
 
(b)
may provide for other descriptions of person to be appointed as
 
 
members of the Negotiating Body.
 
 
(4)
Regulations under this section may provide that the validity of anything done
 
 
by the Negotiating Body is not affected by a vacancy or a defective
25
 
appointment.
 
 
(5)
Regulations under this section may amend any enactment in consequence of
 
 
the establishment of the Negotiating Body.
 
 
(6)
In this section “specified” means specified in the regulations.
 
38
Matters within Negotiating Body’s remit
30
 
(1)
For the purposes of this Chapter, the matters within a Negotiating Body’s
 
 
remit are matters that relate to any of the following—
 
 
(a)
the remuneration of relevant social care workers, or of relevant social
 
 
care workers of a specified description;
 
 
(b)
terms and conditions of employment of relevant social care workers,
35
 
or of relevant social care workers of a specified description;
 
 
(c)
any other specified matters relating to employment as a relevant social
 
 
care worker, or as a relevant social care worker of a specified
 
 
description.
 
 
(2)
In subsection (1)—
40

Page 63

 
“relevant social care worker” , in relation to a Negotiating Body, means
 
 
a social care worker employed in, or in connection with, the provision
 
 
of social care in the area for which the Negotiating Body is established;
 
 
“specified” means specified in regulations made by the appropriate
 
 
authority.
5
39
Meaning of “social care worker”
 
 
(1)
In this Chapter “social care worker” means—
 
 
(a)
in relation to England, a person who is employed wholly or mainly
 
 
in, or in connection with, the provision of social care to individuals
 
 
aged 18 or over;
10
 
(b)
in relation to Wales or Scotland, a person who is employed wholly or
 
 
mainly in, or in connection with, the provision of social care to any
 
 
individual.
 
 
(2)
For the purposes of subsection (1), “social care” includes any form of personal
 
 
care or other practical assistance provided for individuals who, by reason of
15
 
age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs,
 
 
or any other similar circumstances, are in need of such care or other assistance.
 

Consideration of matters by Negotiating Body

 
40
Consideration of matters by Negotiating Body
 
 
(1)
The appropriate authority may by regulations make provision about the
20
 
consideration by a Negotiating Body of matters within its remit.
 
 
(2)
The provision that may be made by regulations under this section includes,
 
 
among other things—
 
 
(a)
provision about the circumstances in which the Negotiating Body may,
 
 
or must, consider a matter within its remit, including (among other
25
 
things) provision requiring it to consider any matter referred to it by
 
 
the appropriate authority;
 
 
(b)
provision specifying, or enabling the appropriate authority to specify,
 
 
factors to which the Negotiating Body may, or must, have regard
 
 
when considering a matter;
30
 
(c)
provision specifying, or enabling the appropriate authority to specify,
 
 
conditions that must be met in relation to any agreement reached by
 
 
the Negotiating Body about a matter, including (among others)
 
 
conditions relating to funding;
 
 
(d)
provision requiring members of the Negotiating Body to provide the
35
 
Negotiating Body with information, or information of a specified
 
 
description, for the purposes of enabling it to consider, or reach an
 
 
agreement about, a matter;
 
 
(e)
provision requiring the Negotiating Body, if it reaches an agreement
 
 
about a matter, to submit the agreement to the appropriate authority;
40

Page 64

 
(f)
provision requiring the Negotiating Body to take any specified steps
 
 
before a date notified to it by the appropriate authority.
 
 
(3)
In this section “specified” means specified in the regulations.
 
41
Reconsideration by Negotiating Body
 
 
(1)
The appropriate authority may by regulations provide that, in a case where
5
 
a Negotiating Body submits an agreement to the appropriate authority, the
 
 
authority may refer the agreement back to the Negotiating Body for
 
 
reconsideration, or may do so in specified circumstances.
 
 
(2)
The appropriate authority may by regulations make provision about what
 
 
happens where an agreement is referred back to a Negotiating Body as
10
 
mentioned in subsection (1) .
 
 
(3)
The provision that may be made by regulations under subsection (2) includes,
 
 
among other things—
 
 
(a)
provision requiring the Negotiating Body to reconsider the agreement;
 
 
(b)
provision specifying, or enabling the appropriate authority to specify,
15
 
factors to which the Negotiating Body may, or must, have regard
 
 
when reconsidering the agreement;
 
 
(c)
provision specifying, or enabling the appropriate authority to specify,
 
 
conditions that must be met in relation to any revised agreement
 
 
reached by the Negotiating Body about a matter, including (among
20
 
others) conditions relating to funding;
 
 
(d)
provision requiring members of the Negotiating Body to provide the
 
 
Negotiating Body with information, or information of a specified
 
 
description, for the purposes of enabling it to reconsider the agreement;
 
 
(e)
provision specifying steps which the Negotiating Body may or must
25
 
take after reconsidering the agreement, including, in particular,
 
 
submitting the original agreement, or a revised agreement, to the
 
 
appropriate authority;
 
 
(f)
provision requiring the Negotiating Body to take any specified steps
 
 
before a date notified to it by the appropriate authority.
30
 
(4)
In this section “specified” means specified in the regulations.
 
42
Failure to reach an agreement
 
 
(1)
The appropriate authority may by regulations make provision about cases
 
 
where a Negotiating Body is unable to reach an agreement about a matter.
 
 
(2)
The provision that may be made by regulations under this section includes,
35
 
among other things—
 
 
(a)
provision for resolving disagreements about any matter;
 
 
(b)
provision conferring functions on the appropriate authority or a person
 
 
specified in the regulations;
 

Page 65

 
(c)
provision requiring the Negotiating Body to act in accordance with a
 
 
decision of the appropriate authority or a person specified in the
 
 
regulations.
 

Giving effect to agreements of Negotiating Body

 
43
Power to ratify agreements
5
 
(1)
This section applies if a Negotiating Body submits an agreement to the
 
 
appropriate authority in accordance with regulations under section 40 or 41 .
 
 
(2)
The appropriate authority may make regulations ratifying the agreement—
 
 
(a)
in full, or
 
 
(b)
to the extent specified in the regulations.
10
44
Effect of regulations ratifying agreement
 
 
(1)
This section applies if the appropriate authority makes regulations under
 
 
section 43 ratifying (to any extent) an agreement submitted by a Negotiating
 
 
Body.
 
 
(2)
If the agreement relates to a social care worker’s remuneration, the social care
15
 
worker’s remuneration is to be determined and paid in accordance with the
 
 
agreement.
 
 
(3)
A provision of the agreement that relates to any other term or condition of
 
 
a social care worker’s employment has effect as a term of the social care
 
 
worker’s contract.
20
 
(4)
A term of that contract has no effect to the extent that it makes provision that
 
 
is prohibited by, or is otherwise inconsistent with, the agreement.
 

Power of appropriate authority to deal with matters

 
45
Power of appropriate authority to deal with matters
 
 
(1)
This section applies where—
25
 
(a)
a Negotiating Body notifies the appropriate authority that it has been
 
 
unable to reach an agreement on a matter referred to it, and
 
 
(b)
any other specified conditions are met.
 
 
In paragraph (b) “specified” means specified in regulations made by the
 
 
appropriate authority.
30
 
(2)
The appropriate authority may by regulations make provision about the
 
 
matter.
 
 
(3)
Regulations under subsection (2) may provide that the regulations are to have
 
 
effect for determining the terms and conditions of employment of social care
 
 
workers to whom the regulations apply.
35

Page 66

 
(4)
If the regulations make provision within subsection (3) , subsections (5) to (7)
 
 
apply.
 
 
(5)
If the regulations relate to a social care worker’s remuneration, the social care
 
 
worker’s remuneration is to be determined and paid in accordance with the
 
 
regulations.
5
 
(6)
A provision of the regulations that relates to any other term or condition of
 
 
a social care worker’s employment has effect as a term of the social care
 
 
worker’s contract.
 
 
(7)
A term of that contract has no effect to the extent that it makes provision that
 
 
is prohibited by, or is otherwise inconsistent with, the regulations.
10

Guidance etc

 
46
Guidance and codes of practice
 
 
(1)
The appropriate authority may by regulations make provision about the
 
 
issuing of guidance or codes of practice by the authority in relation to—
 
 
(a)
agreements submitted by a Negotiating Body in accordance with
15
 
regulations under section 40 or 41 ;
 
 
(b)
regulations made by the authority under section 45 .
 
 
(2)
Regulations under this section may, among other things—
 
 
(a)
impose duties on specified persons, or persons of a specified
 
 
description, in relation to any provision of guidance or a code of
20
 
practice;
 
 
(b)
make provision about the consequences of a failure to comply with
 
 
any duty imposed by virtue of paragraph (a).
 
 
(3)
The provision that may be made by virtue of subsection (2) (b) includes, among
 
 
other things, provision for the failure to be taken into account in any
25
 
proceedings before a court or tribunal, including (among other things) for
 
 
the purpose of determining the amount of any financial award.
 
 
(4)
In this section “specified” means specified in the regulations.
 

Enforcement

 
47
Duty of employers to keep records
30
 
(1)
For the purposes of this Chapter, the Secretary of State may by regulations
 
 
make provision requiring employers—
 
 
(a)
to keep, in a specified form and manner, records of a specified
 
 
description;
 
 
(b)
to preserve those records for a specified period.
35
 
(2)
Regulations under this section may provide for the following provisions of
 
 
the National Minimum Wage Act 1998 to apply, with or without modifications,
 

Page 67

 
in relation to records which an employer is required to keep and preserve
 
 
by virtue of the regulations—
 
 
(a)
section 10 (worker’s right of access to records);
 
 
(b)
section 11 (failure of employer to allow access to records);
 
 
(c)
section 11A (extension of time limit to facilitate conciliation before
5
 
institution of proceedings).
 
 
(3)
Regulations under this section that provide for any of those provisions of
 
 
that Act to apply in relation to such records may provide for section 49 of
 
 
that Act (restrictions on contracting out) to apply, with or without
 
 
modifications, in relation to the application of those provisions by the
10
 
regulations.
 
 
(4)
In this section “specified” means specified in the regulations.
 

Agency workers

 
48
Agency workers who are not otherwise “workers”
 
 
(1)
This section applies in any case where an individual (the “agency worker”)—
15
 
(a)
is supplied by a person (the “agent”) to do work for another (the
 
 
“principal”) under a contract or other arrangements made between
 
 
the agent and the principal,
 
 
(b)
is not, as respects that work, a worker, because of the absence of a
 
 
worker’s contract between the individual and the agent or the
20
 
principal, and
 
 
(c)
is not a party to a contract under which the agency worker 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.
25
 
(2)
The provisions of this Chapter (other than this section) have effect as if there
 
 
were a worker’s contract for the doing of the work by the agency worker
 
 
made between the agency worker and—
 
 
(a)
whichever of the agent and the principal is responsible for paying the
 
 
agency worker in respect of the work, or
30
 
(b)
if neither the agent nor the principal is so responsible, whichever of
 
 
them pays the agency worker in respect of the work.
 
 
(3)
For the purposes of Part 2 of the Employment Rights Act 1996 (protection of
 
 
wages), as it applies in relation to the entitlements conferred by sections 44 (2)
 
 
and 45 (5) —
35
 
(a)
if at any time the agency worker and the person who, as a result of
 
 
this section, is the person’s employer for the purposes of this Chapter
 
 
would not (apart from this subsection) be regarded as the worker and
 
 
the employer for the purposes of that Part, they are to be so regarded;
 
 
(b)
it is to be assumed that there was a worker’s contract between those
40
 
persons at that time.
 

Page 68

 
(4)
If there would (in the absence of this section) be no worker’s contract between
 
 
the agency worker and the person who, as a result of this section, is the
 
 
person’s employer for the purposes of this Chapter, for the purpose of
 
 
enforcing any entitlement conferred by section 44 (2) or (3) or 45 (5) or (6) in
 
 
civil proceedings on a claim in contract it is to be assumed that there is (or
5
 
was) such a contract between those persons.
 
 
(5)
Any reference in this section to doing work includes a reference to performing
 
 
services, and “work” is to be read accordingly.
 

Supplementary and general

 
49
Regulations under section
10
 
(1)
Regulations under section 43 or 45 may make provision that has retrospective
 
 
effect.
 
 
This is subject to subsection (2).
 
 
(2)
Regulations under section 43 or 45 may not make provision the effect of which
 
 
is to—
15
 
(a)
reduce remuneration in respect of a period wholly or partly before
 
 
the day on which the regulations are made, or
 
 
(b)
alter a condition of a person’s employment to the person’s detriment
 
 
in respect of such a period.
 
 
(3)
Regulations under section 43 or 45 may make provision by reference to—
20
 
(a)
an agreement submitted by a Negotiating Body to the appropriate
 
 
authority, or
 
 
(b)
any other document.
 
 
(4)
If regulations under section 43 or 45 make provision by virtue of subsection
 
 
(3) , they must include provision about the publication of the agreement or
25
 
other document.
 
50
Regulations under this Chapter
 
 
(1)
Regulations under this Chapter may confer a discretion on a person when
 
 
dealing with any matter.
 
 
(2)
Regulations under section 43 are subject to the negative resolution procedure.
30
 
(3)
Regulations under any other provision of this Chapter are subject to the
 
 
affirmative resolution procedure.
 
51
Status of agreements, etc
 
 
The Secretary of State may by regulations provide that—
 
 
(a)
nothing done by a Negotiating Body, or by members of a Negotiating
35
 
Body acting in that capacity, is to be regarded as collective bargaining
 

Page 69

 
for the purposes of section 178 of the Trade Union and Labour
 
 
Relations (Consolidation) Act 1992;
 
 
(b)
any reference to a collective agreement within the meaning of that Act
 
 
does not include an agreement reached by a Negotiating Body.
 
52
Interpretation of this Chapter
5
 
(1)
In this Chapter—
 
 
“the appropriate authority” has the meaning given by section 36 (5) ;
 
 
“contract of employment” means a contract of service or apprenticeship,
 
 
whether express or implied, and (if it is express) whether oral or in
 
 
writing;
10
 
“employer” , in relation to a worker, means the person by whom the
 
 
worker is (or, where the employment has ceased, was) employed;
 
 
“employment” means employment under a worker’s contract; and
 
 
“employed” is to be read accordingly;
 
 
“enactment” means—
15
 
(a)
an Act of Parliament,
 
 
(b)
a Measure or Act of the National Assembly for Wales or an
 
 
Act of Senedd Cymru, or
 
 
(c)
an Act of the Scottish Parliament;
 
 
“Negotiating Body” has the meaning given by section 36 (5) ;
20
 
“official” , in relation to a trade union, has the meaning given by section
 
 
119 of the Trade Union and Labour Relations (Consolidation) Act 1992;
 
 
“social care worker” has the meaning given by section 39 ;
 
 
“trade union” has the meaning given by section 1 of the Trade Union
 
 
and Labour Relations (Consolidation) Act 1992;
25
 
“worker” (except in the phrases “agency worker”, “relevant social care
 
 
worker” and “social care worker”) means an individual who has
 
 
entered into or works under (or, where the employment has ceased,
 
 
worked under)—
 
 
(a)
a contract of employment, or
30
 
(b)
any other contract, whether express or implied and (if it is
 
 
express) whether oral or in writing, whereby the individual
 
 
undertakes to do or perform personally any work or services
 
 
for another party to the contract whose status is not by virtue
 
 
of the contract that of a client or customer of any profession
35
 
or business undertaking carried on by the individual;
 
 
and any reference to a worker’s contract is to be read accordingly.
 
 
(2)
Any reference in this Chapter to an agreement that has been ratified is, in a
 
 
case where the agreement is ratified in part, a reference to so much of the
 
 
agreement as has been ratified.
40

Page 70

Chapter 3

 

Seafarers

 
53
Seafarers’ wages and working conditions
 
 
Schedule 5 amends the Seafarers’ Wages Act 2023.
 
54
International agreements relating to maritime employment
5
 
(1)
The Merchant Shipping Act 1995 is amended as follows.
 
 
(2)
After section 84 insert—
 

Part 3A

 
 
International agreements relating to maritime employment
 
84A
International agreements relating to maritime employment
10
 
(1)
The Secretary of State may by regulations make such provision as the
 
 
Secretary of State considers appropriate for the purpose of giving effect
 
 
to—
 
 
(a)
the Maritime Labour Convention, adopted on 23 February 2006
 
 
by the International Labour Organisation, as it has effect from
15
 
time to time;
 
 
(b)
the Work in Fishing Convention, adopted on 14 June 2007 by
 
 
the International Labour Organisation, as it has effect from
 
 
time to time.
 
 
(2)
The Secretary of State may by regulations make such provision as the
20
 
Secretary of State considers appropriate for the purpose of giving effect
 
 
to an international agreement that has been ratified by the United
 
 
Kingdom, so far as the agreement relates to maritime employment.
 
 
(3)
The power in subsection (2) to give effect to an agreement so far as
 
 
it relates to maritime employment includes power to give effect to
25
 
any amendments of the agreement that relate to maritime employment.
 
 
(4)
For the purposes of this section, a provision relates to maritime
 
 
employment if it relates to the terms and conditions of employment
 
 
or engagement, or working conditions, of masters or seamen.
 
 
(5)
Section 84B makes further provision with respect to the regulations
30
 
that may be made under this section.
 
84B
Regulations under section
 
 
(1)
In subsections (2) to (9) “regulations” means regulations under section
 
 
84A .
 
 
(2)
Regulations—
35

Page 71

 
(a)
may make provision in terms of approvals given by the
 
 
Secretary of State or another person and in terms of any
 
 
document which the Secretary of State or that other person
 
 
considers relevant;
 
 
(b)
may provide for the cancellation of an approval given in
5
 
pursuance of the regulations and for the alteration of the terms
 
 
of such an approval;
 
 
(c)
must provide for any approval in pursuance of the regulations
 
 
to be given in writing and to specify the date on which it takes
 
 
effect and the conditions (if any) on which it is given.
10
 
(3)
Regulations may make provision for—
 
 
(a)
the granting by the Secretary of State or another person of
 
 
exemptions from specified provisions of the regulations for
 
 
classes of case or individual cases, on such terms (if any) as
 
 
the Secretary of State or that other person may specify, and
15
 
(b)
for the alteration or cancellation of such exemptions.
 
 
(4)
Regulations may make provision in respect of the checking or
 
 
monitoring of compliance with any provision of the regulations,
 
 
including (among other things) provision for—
 
 
(a)
the making and keeping of records and the keeping of
20
 
documents;
 
 
(b)
the issue of certificates;
 
 
(c)
the furnishing of information.
 
 
(5)
Regulations may—
 
 
(a)
provide for the detention of a ship in respect of which a
25
 
contravention of the regulations is suspected to have occurred;
 
 
(b)
apply section 284 with or without modifications in relation to
 
 
such detentions.
 
 
(6)
Regulations may provide for the contravention of any provision of
 
 
the regulations to be a criminal offence, but may not provide—
30
 
(a)
for an offence under the regulations to be punishable on
 
 
summary conviction with imprisonment;
 
 
(b)
in relation to Scotland or Northern Ireland—
 
 
(i)
for an offence under the regulations that is triable only
 
 
summarily to be punishable by a fine exceeding level
35
 
5 on the standard scale;
 
 
(ii)
for an offence under the regulations that is triable
 
 
summarily or on indictment to be punishable on
 
 
summary conviction by a fine exceeding the statutory
 
 
maximum;
40
 
(c)
for an offence under the regulations to be punishable on
 
 
conviction on indictment with imprisonment for a term
 
 
exceeding two years.
 

Page 72

 
(7)
Regulations may provide that, in specified cases, specified persons
 
 
each commit an offence created by regulations in reliance on subsection
 
 
(6) .
 
 
(8)
Regulations may—
 
 
(a)
make different provision for different purposes;
5
 
(b)
provide for references in the regulations to any specified
 
 
document to operate as references to that document as revised
 
 
or re-issued from time to time;
 
 
(c)
provide for the delegation of functions exercisable by virtue of
 
 
the regulations.
10
 
(9)
The power to make regulations includes power to make consequential,
 
 
supplementary, incidental or transitional provision.
 
 
(10)
The powers conferred by section 84A to make provision for the purpose
 
 
of giving effect to an agreement or an amendment of an agreement
 
 
include power to provide for the provision to come into force although
15
 
the agreement or amendment has not come into force.
 
 
(11)
Nothing in this section is to be construed as restricting the generality
 
 
of the powers conferred by section 84A .
 
 
(12)
A statutory instrument which—
 
 
(a)
contains (whether alone or with other provision) regulations
20
 
under section 84A (2) , and
 
 
(b)
is the first exercise of the power in respect of a particular
 
 
agreement,
 
 
may not be made unless a draft of the instrument has been laid before,
 
 
and approved by a resolution of, each House of Parliament.
25
 
(13)
A statutory instrument which—
 
 
(a)
contains regulations under section 84A (2) , and
 
 
(b)
is a subsequent exercise of the power in respect of a particular
 
 
agreement,
 
 
is subject to annulment in pursuance of a resolution of either House
30
 
of Parliament.”
 
 
(3)
In section 306 (regulations etc), in subsection (2A)(a), after “section” insert
 
 
“ 84A (2) ,”.
 

Page 73

Part 4

 

Trade unions and industrial action, etc

 

Right to statement of trade union rights

 
55
Right to statement of trade union rights
 
 
(1)
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
5
 
in accordance with subsections (2) to (6) .
 
 
(2)
In Part 3 (rights in relation to trade union membership and activities), before
 
 
section 137 (and the italic heading before it) insert—
 
 
“Statement of trade union rights
 
136A
Right to statement of trade union rights
10
 
(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
15
 
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;
20
 
(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
25
 
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;
30
 
(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.”
35
 
(3)
In section 284 (exceptions for share fishermen)—
 

Page 74

 
(a)
after “in the case of” insert “section 136A and”;
 
 
(b)
before “sections 137 to 143” insert—
 
 
“section 136A (right to statement of trade union rights),”.
 
 
(4)
In section 285 (exceptions for employment outside Great Britain)—
 
 
(a)
in subsection (1), before “sections 137 to 143” insert—
5
 
“section 136A (right to statement of trade union rights),”;
 
 
(b)
in subsection (1A), for “Sections 145A to 151” substitute “Section 136A
 
 
, and sections 145A to 151,”.
 
 
(5)
In section 286 (power to provide for other exceptions), before “sections 145A
 
 
to 151” insert “section 136A (right to statement of trade union rights) and”.
10
 
(6)
In section 296 (meaning of “worker”), in subsection (3), after “68(4),” insert
 
 
“ 136A (5) ,”.
 
 
(7)
In section 38 of the Employment Act 2002 (failure to give statement of
 
 
employment particulars etc)—
 
 
(a)
in subsection (2)(b), after “duty to the worker” insert “under section
15
 
136A of the Trade Union and Labour Relations (Consolidation) Act
 
 
1992 (duty to give a written statement of trade union rights),”;
 
 
(b)
in subsection (3)(b), after “duty to the worker” insert “under section
 
 
136A of the Trade Union and Labour Relations (Consolidation) Act
 
 
1992,”.
20

Right of trade unions to access workplaces

 
56
Right of trade unions to access workplaces
 
 
(1)
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
 
 
in accordance with subsections (2) to (6) .
 
 
(2)
In Part 1 (trade unions), before Chapter 5A insert—
25

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.
30
 
(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
35

Page 75

 
(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—
5
 
(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.
10
 
(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.
15
 
(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
20
 
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
25
 
(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
30
 
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;
35
 
(c)
be given in the prescribed manner.
 

Page 76

 
(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;
5
 
(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) ;
10
 
“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
15
 
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—
20
 
(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
25
 
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
30
 
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—
35
 
(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
 

Page 77

 
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.
5
 
(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),
10
 
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—
15
 
(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
20
 
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—
25
 
(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
30
 
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
35
 
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
40
 
the access principles.
 

Page 78

 
(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;
5
 
(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;
10
 
(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.
15
 
(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
20
 
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
25
 
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
30
 
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;
35
 
(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.
40
 
(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.
 

Page 79

 
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.
5
 
(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—
10
 
(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.
15
 
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;
20
 
(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
25
 
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;
30
 
(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
35
 
to have effect as an access agreement for the purposes of this Chapter.
 

Page 80

 
(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—
5
 
(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
10
 
(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—
15
 
(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
20
 
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.
25
 
(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—
30
 
(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
35
 
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
40

Page 81

 
(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.
5
 
(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
10
 
(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)—
15
 
(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.
20
 
(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
25
 
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
30
 
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
35
 
(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.
 

Page 82

 
(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—
5
 
(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
10
 
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
15
 
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
20
 
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
25
 
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”)—
30
 
(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
35
 
would do so, the provisions of this Chapter are to be taken
 
 
into account).
 
 
(2)
Accordingly—
 

Page 83

 
(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
5
 
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—
10
 
(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).
15
 
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
20
 
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
25
 
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.
30
 
(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
35
 
section 293(1)) may make different provision for different purposes.”
 
 
(3)
In section 263 (proceedings of the Central Arbitration Committee)—
 
 
(a)
in subsection (4), omit “or, in Scotland, an oversman”;
 

Page 84

 
(b)
after subsection (6) insert—
 
 
“(6A)
In relation to the discharge of the Committee’s functions under
 
 
section 70ZE —
 
 
(a)
section 263ZA and subsection (6) apply, and
 
 
(b)
subsections (1) to (5) do not apply.”;
5
 
(c)
in subsection (7), before “Schedule A1” insert “section 70ZH or 70ZI
 
 
or”;
 
 
(d)
after subsection (7) insert—
 
 
“(8)
The reference in subsection (7) to the Committee’s functions
 
 
under Schedule A1 does not include a reference to its functions
10
 
under paragraph 166 of that Schedule.”
 
 
(4)
After section 263 insert—
 
“263ZA
Proceedings of the Committee under section
 
 
(1)
For the purpose of discharging its functions under section 70ZE in
 
 
any particular case, the Central Arbitration Committee is to consist
15
 
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
20
 
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
25
 
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.
30
 
(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—
35
 
(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.
40

Page 85

 
(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;
5
 
(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;
10
 
(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
15
 
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.
20
 
(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.
25
 
(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
30
 
full powers of an umpire.
 
 
(11)
Subject to the provisions of this section, the Committee may determine
 
 
its own procedure.”
 
 
(5)
In section 263A (proceedings of the Central Arbitration Committee under
 
 
Schedule A1)—
35
 
(a)
for the heading substitute “Proceedings of the Committee: other special
 
 
cases”;
 
 
(b)
in subsection (1), for “under Schedule A1” substitute “in relation to
 
 
which this section applies (see section 263(7))”;
 
 
(c)
in subsection (6), omit “or, in Scotland, an oversman”;
40
 
(d)
omit subsection (8).
 
 
(6)
In section 264 (awards of the Central Arbitration Committee)—
 

Page 86

 
(a)
in the heading, after “Awards” insert “etc”;
 
 
(b)
in subsection (1), after “award,” insert “in any determination,
 
 
declaration, order or other decision of the Committee under Chapter
 
 
5ZA of Part 1,”;
 
 
(c)
after subsection (2) insert—
5
 
“(2A)
Subsection (2) does not apply in relation to Chapter 5ZA of
 
 
Part 1.”
 
 
(7)
In Schedule 1 to the Employment Relations Act 2004 (minor and consequential
 
 
amendments), omit paragraph 15.
 

Trade union recognition

10
57
Trade union recognition
 
 
Schedule 6 amends Schedule A1 to the Trade Union and Labour Relations
 
 
(Consolidation) Act 1992 (collective bargaining: recognition).
 

Trade union finances

 
58
Political funds: requirement to pass political resolution
15
 
In section 73 of the Trade Union and Labour Relations (Consolidation) Act
 
 
1992 (passing and effect of political resolution)—
 
 
(a)
omit subsection (3);
 
 
(b)
in subsection (4), for “before the end of that period” substitute “a
 
 
political resolution (“the old resolution”) is in force and”.
20
59
Requirement to contribute to political fund
 
 
(1)
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
 
 
in accordance with subsections (2) to (6) .
 
 
(2)
In section 82 (rules as to political fund), in subsection (1)(ca)(i), for “opt to
 
 
be” substitute “opt out of being”.
25
 
(3)
For sections 84 (contributions to political fund from members of a union) and
 
 
84A (information to members about contributing to political fund) substitute—
 
“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
30
 
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.
35

Page 87

 
(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
5
 
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
10
 
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—
15
 
(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
20
 
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
25
 
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—
30
 
(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.
35
 
(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.
40
 
(3)
An opt-out information notice must be given in accordance with rules
 
 
of the union approved for the purpose by the Certification Officer.
 

Page 88

 
(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,
5
 
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
10
 
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.
15
 
(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
20
 
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.”
 
 
(4)
In section 86 (employer not to deduct contributions where member gives
25
 
certificate), in subsection (1), for “, he is not a contributor to the fund,”
 
 
substitute “—
 
 
“(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,”.
30
 
(5)
In section 94 (overseas members of trade union)—
 
 
(a)
in subsection (1), at the end of paragraph (a) insert “, and
 
 
“(b)
rules made by the union for the purpose of complying
 
 
with section 84A (opt-out information notices) may
 
 
provide for opt-out information notices not to be given
35
 
by the union to its overseas members.”;
 
 
(b)
in subsection (2), after “rules” insert “; and where provision is made
 
 
in accordance with subsection (1)(b), section 84A (1) is not to be taken
 
 
to require opt-out information notices to be given to overseas
 
 
members.”
40

Page 89

 
(6)
In section 299 (index of defined expressions), in the entry for “contributor”,
 
 
for “84(5)” substitute “84 (1) ”.
 
 
(7)
In consequence of the amendments made by subsections (2) to (6) , in the
 
 
Trade Union Act 2016—
 
 
(a)
in section 11, omit subsections (1), (2) and (5) to (8);
5
 
(b)
in Schedule 4—
 
 
(i)
in paragraph 7, omit sub-paragraph (3);
 
 
(ii)
omit paragraph 9.
 
60
Deduction of trade union subscriptions from wages in public sector
 
 
(1)
In the Trade Union and Labour Relations (Consolidation) Act 1992—
10
 
(a)
omit section 116B (restriction on deduction of union subscriptions
 
 
from wages in public sector) and the italic heading before it;
 
 
(b)
in section 296 (meaning of “worker” and related expressions), in
 
 
subsection (3), omit “116B(10),”.
 
 
(2)
In consequence of the amendments made by subsection (1) , omit section 15
15
 
of the Trade Union Act 2016.
 

Facilities provided to trade union representatives and members

 
61
Facilities provided to trade union officials and learning representatives
 
 
(1)
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
 
 
in accordance with subsections (2) to (6) .
20
 
(2)
In section 168 (time off for carrying out trade union duties)—
 
 
(a)
after subsection (3) insert—
 
 
“(3A)
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
25
 
and other facilities for carrying out the duties or undergoing
 
 
the training 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.”;
 
 
(b)
for subsection (4) substitute—
30
 
“(4)
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.
35
 
(5)
On a complaint under subsection (4) (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.”
 

Page 90

 
(3)
In section 168A (time off for union learning representatives)—
 
 
(a)
after subsection (8) insert—
 
 
“(8A)
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
5
 
and other facilities for 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.”;
 
 
(b)
for subsection (9) substitute—
10
 
“(9)
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.
15
 
(10)
On a complaint under subsection (9) (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.”
 
 
(4)
In section 172 (remedies), in subsection (2), omit “in failing to permit time
 
 
off to be taken by the employee”.
20
 
(5)
In section 199 (issue of Codes of Practice by ACAS), in subsection (2)(a), after
 
 
“time off” insert “and facilities”.
 
 
(6)
In section 200 (procedure for issue of Code by ACAS), in subsection (3)(a),
 
 
after “time off” insert “and facilities”.
 
 
(7)
In section 10 of the Employment Relations Act 1999 (right to be accompanied),
25
 
in subsection (7), for “and (4)” substitute “, (4) and (5)”.
 
62
Facilities for equality representatives
 
 
(1)
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
 
 
in accordance with subsections (2) to (10) .
 
 
(2)
After section 168A insert—
30
“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,
35
 
to take time off during the employee’s working hours for any of the
 
 
following purposes.
 
 
(2)
The purposes are—
 

Page 91

 
(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
5
 
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
10
 
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
15
 
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)
20
 
, 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
25
 
(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
30
 
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.
35
 
(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
40
 
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
 

Page 92

 
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
5
 
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
10
 
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
15
 
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
20
 
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
25
 
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
30
 
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
35
 
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
40
 
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—
 

Page 93

 
(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.”
5
 
(3)
In section 169 (payment for time off)—
 
 
(a)
in the heading, for “section 168” substitute “sections 168 to 168B”;
 
 
(b)
in subsection (1), for “or 168A” substitute “, 168A or 168B”.
 
 
(4)
In section 170 (time off for trade union activities)—
 
 
(a)
in subsection (2A), after “learning representative” insert “or an equality
10
 
representative”;
 
 
(b)
in subsection (2B), after “learning representative” insert “or an equality
 
 
representative”;
 
 
(c)
in subsection (2C)—
 
 
(i)
after “applies” insert “—
15
 
“(a)
in relation to a learning representative,”;
 
 
(ii)
at the end insert—
 
 
“(b)
in relation to an equality representative, if the
 
 
equality representative would be entitled to time
 
 
off under subsection (1) of section 168B for the
20
 
purpose of carrying on in relation to the
 
 
employee activities of the kind mentioned in
 
 
subsection (2) of that section.”;
 
 
(d)
in subsection (5)—
 
 
(i)
in paragraph (a), after “learning representative” insert “or an
25
 
equality representative”;
 
 
(ii)
omit the “and” at the end of paragraph (a);
 
 
(iii)
after paragraph (b) insert “, and
 
 
“(c)
a person who is an equality representative of a
 
 
trade union acts as such if the person carries on
30
 
the activities mentioned in section 168B(2) in
 
 
that capacity.”
 
 
(5)
In section 171 (time off: time limit for proceedings), in subsection (1), after
 
 
“168A,” insert “168B,”.
 
 
(6)
In section 172 (time off: remedies), in subsection (1), after “168A” insert “,
35
 
168B”.
 
 
(7)
In section 173 (interpretation and other supplementary provisions)—
 
 
(a)
in subsection (1), after “168A” insert “, 168B”;
 
 
(b)
in subsection (2), after “168A,” insert “168B,”;
 
 
(c)
in subsection (3), after “168A” insert “or 168B”.
40

Page 94

 
(8)
In section 199 (issue of Codes of Practice by ACAS), in subsection (1), after
 
 
“learning representatives” insert “or equality representatives”.
 
 
(9)
In section 200 (procedure for issue of Code by ACAS), in subsection (3)—
 
 
(a)
omit the “or” at the end of paragraph (b);
 
 
(b)
after paragraph (b) insert—
5
 
“(ba)
on the time off and facilities to be permitted to a trade
 
 
union equality representative in accordance with section
 
 
168B (time off for training and carrying out functions
 
 
as an equality representative),
 
 
(bb)
on the training that is sufficient to enable a trade union
10
 
equality representative to carry on the activities
 
 
mentioned in section 168B(2) (activities for which time
 
 
off is to be permitted), or”.
 
 
(10)
In section 203 (issue of Codes of Practice by Secretary of State), in subsection
 
 
(1)(b), after “learning representatives” insert “or equality representatives”.
15
 
(11)
In section 18 of the Employment Tribunals Act 1996 (conciliation: relevant
 
 
proceedings), in subsection (1)(a), after “168A,” insert “168B,”.
 
 
(12)
In section 104 of the Employment Rights Act 1996 (unfair dismissal for
 
 
assertion of statutory rights), in subsection (4)(c), after “168A,” insert “168B,”.
 
63
Facility time: publication requirements and reserve powers
20
 
(1)
In the Trade Union and Labour Relations (Consolidation) Act 1992—
 
 
(a)
omit section 172A (publication requirements in relation to facility time);
 
 
(b)
omit section 172B (reserve powers in relation to facility time).
 
 
(2)
In consequence of the amendments made by subsection (1) , omit sections 13
 
 
and 14 of the Trade Union Act 2016.
25

Blacklists

 
64
Blacklists: additional powers
 
 
(1)
Section 3 of the Employment Relations Act 1999 (blacklists) is amended as
 
 
follows.
 
 
(2)
In subsection (1)(b), omit “by employers or employment agencies”.
30
 
(3)
After subsection (2) insert—
 
 
“(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
35
 
recruitment or in relation to the treatment of workers;
 

Page 95

 
(b)
the sale or supply of such lists with a view to being used for
 
 
those purposes.”
 
 
(4)
In subsection (3)—
 
 
(a)
before paragraph (a) insert—
 
 
“(za)
make provision for a person who causes another person
5
 
to do something to be treated as doing that thing;”;
 
 
(b)
in paragraph (e), after “subsection (1)” insert “or (2A)”.
 

Industrial action: ballots

 
65
Industrial action ballots: turnout threshold
 
 
(1)
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
10
 
in accordance with subsections (2) to (5) .
 
 
(2)
In section 226 (requirement of ballot before action by trade union), in
 
 
subsection (2)(a)—
 
 
(a)
insert “and” at the end of sub-paragraph (ii);
 
 
(b)
omit sub-paragraph (iia) (and the “and” after it).
15
 
(3)
In section 231 (information for members as to result of ballot)—
 
 
(a)
omit paragraph (a);
 
 
(b)
insert “and” at the end of paragraph (d);
 
 
(c)
for paragraph (e) (and the “and” after it) substitute—
 
 
“(e)
the number of spoiled voting papers.”;
20
 
(d)
omit paragraph (f).
 
 
(4)
Omit section 297A (meaning of “voting”).
 
 
(5)
In section 299 (index of defined expressions), omit the entry for “voting”.
 
 
(6)
In consequence of the amendments made by subsections (2) to (5) —
 
 
(a)
in the Trade Union Act 2016—
25
 
(i)
omit section 2;
 
 
(ii)
in Schedule 4, omit paragraphs 12 and 17;
 
 
(b)
in section 66 of this Act, omit subsection (3)(a).
 
66
Industrial action ballots: support thresholds
 
 
(1)
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
30
 
in accordance with subsections (2) and (3).
 
 
(2)
In section 226 (requirement of ballot before action by trade union)—
 
 
(a)
in subsection (2)(a)(iii), for “the required number of persons (see
 
 
subsections (2A) to (2C))” substitute “the majority voting in the ballot”;
 
 
(b)
omit subsections (2A) to (2F).
35

Page 96

 
(3)
In section 231 (information for members as to result of ballot)—
 
 
(a)
insert “and” at the end of paragraph (e);
 
 
(b)
omit paragraph (g) (and the “and” before it).
 
 
(4)
In consequence of the amendments made by subsection (2), omit section 3 of
 
 
the Trade Union Act 2016.
5
67
Notice of industrial action ballot and sample voting paper for employers
 
 
In section 226A of the Trade Union and Labour Relations (Consolidation) Act
 
 
1992 (notice of ballot and sample voting paper for employers)—
 
 
(a)
in subsection (2)(c)—
 
 
(i)
in sub-paragraph (i), for the words from “figures” to “arrived
10
 
at” substitute “number mentioned in subsection (2B)”;
 
 
(ii)
in sub-paragraph (ii), for “figures and that explanation”
 
 
substitute “that number”;
 
 
(b)
for subsection (2B) substitute—
 
 
“(2B)
The number is the total number of employees concerned.”;
15
 
(c)
in subsection (2C)—
 
 
(i)
in paragraph (b), omit the words from “and the number” to
 
 
“categories”;
 
 
(ii)
in paragraph (c), omit the words from “and the number” to
 
 
“workplaces”;
20
 
(d)
in subsection (2D), for “figures” substitute “the number”.
 
68
Industrial action ballots: information to be included on voting paper
 
 
(1)
In section 229 of the Trade Union and Labour Relations (Consolidation) Act
 
 
1992 (information to be included on voting paper), omit subsections (2B) to
 
 
(2D).
25
 
(2)
In consequence of the amendment made by subsection (1), omit section 5 of
 
 
the Trade Union Act 2016.
 
69
Period after which industrial action ballot ceases to be effective
 
 
In section 234 of the Trade Union and Labour Relations (Consolidation) Act
 
 
1992 (period after which industrial action ballot ceases to be effective), in
30
 
subsection (1), for the words from “period” to the end substitute “period of
 
 
12 months beginning with the date of the ballot”.
 
70
Electronic balloting
 
 
(1)
In the Trade Union Act 2016, omit section 4 (provision for electronic balloting
 
 
for industrial action: review and piloting scheme).
35
 
(2)
Subsection (1) does not affect the power of the Secretary of State to make an
 
 
order under section 54 of the Employment Relations Act 2004 (permissible
 

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means of balloting) in relation to ballots for the purposes of section 226 of
 
 
the Trade Union and Labour Relations (Consolidation) Act 1992 (ballots on
 
 
industrial action).