Employment Rights Bill 2024-26 Amendments

Date	Debate
Tuesday 28th October 2025	Consideration of Commons amendments and / or reasons
Monday 15th September 2025	Consideration of Lords amendments

Date	Debate
Wednesday 3rd September 2025	3rd reading

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

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

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)

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

Type	Description
	Black center indicates Government or Bill Sponsor amendment
	Front Bench Amendment from any Opposition Party indicated by party colour
	Back Bench Amendment from any MP - Outline Colour indicates party

Bill Content
List of Amendments

9 New Clauses Proposed

Page 1

Part 1

Employment rights

Zero hours workers, etc

Right to guaranteed hours

(1)

Part 2A of the Employment Rights Act 1996 (zero hours workers) is amended

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

Right to guaranteed hours

Guaranteed hours offers

27BA

Right for qualifying workers to be offered guaranteed hours

(1)

An employer must make a guaranteed hours offer to a worker in

accordance with section 27BB after the end of every period—

(a)

that is a reference period in relation to that worker and that

employer, and

(b)

in relation to which the worker is a qualifying worker of the

employer.

(2)

Section 27BD makes provision for exceptions to this duty, including

in certain cases where the worker ceases to be employed by the

employer.

(3)

A worker is a qualifying worker of an employer in relation to a

reference period if—

(a)

during the reference period the worker was employed by the

employer under one or more worker’s contracts (whether or

not continuously) and either—

(i)

the worker’s contract was, or the worker’s contracts

were, a zero hours contract or entered into in accordance

with a zero hours arrangement, or

(ii)

the worker’s contract, or the worker’s contracts (taken

together), required the employer, or were entered into

in accordance with an arrangement that required the

employer, to make work available to the worker during

the reference period for a number of hours (“the

minimum number of hours”) not exceeding a specified

number of hours,

(b)

during the reference period the worker worked under the

worker’s contract or the worker’s contracts (taken together)

for a number of hours (the “reference period hours”),

(c)

where paragraph (a) (ii) applies, the reference period hours

exceeded the minimum number of hours,

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

1 of Schedule A1 for provision about guaranteed hours and

agency workers).

(4)

In relation to a worker and the worker’s employer, each of the

following is a “reference period”—

(a)

the initial reference period, and

(b)

each subsequent reference period.

(5)

“The initial reference period”, in relation to a worker and the worker’s

employer, means the period—

(a)

beginning with—

(i)

where the worker is employed by the employer on the

day on which subsection (1) comes into force (“the

commencement day”), the commencement day, or

(ii)

where the worker is not so employed, the first day after

the commencement day on which the worker is

employed by the employer, and

(b)

ending with the specified day.

(6)

A “subsequent reference period”, in relation to a worker and the

worker’s employer, means a period beginning and ending with the

specified days.

(7)

For the purposes of this Chapter—

(a)

references to a “qualifying worker” are to a worker who is a

qualifying worker of an employer in relation to a reference

period by virtue of subsection (3) , and

(b)

the reference period in relation to which the worker is a

qualifying worker of the employer is referred to as “the relevant

reference period”.

(8)

If, during a reference period—

(a)

a worker was employed by an employer under one or more

worker’s contracts of the type described in subsection (3) (a) (i)

and one or more worker’s contracts of the type described in

subsection (3) (a) (ii) , and

(b)

the hours that the worker worked under the worker’s contract,

or the worker’s contracts, that are of the type described in

subsection (3) (a) (ii) did not exceed the minimum number of

hours,

the worker’s contract, or the worker’s contracts, that are of the type

described in subsection (3) (a) (ii) are to be disregarded in the application

of this Chapter (other than this subsection) in relation to the worker

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,

at the same time as making a guaranteed hours offer.

(10)

Regulations made under subsection (3) (d) , (5) or (6) may, in particular,

include provision to take account of time when a worker does not

work for a specified reason.

(11)

In this section, “excluded worker” means a worker who is of a specified

description.

27BB

Requirements relating to a guaranteed hours offer

(1)

An offer by an employer to a qualifying worker is a guaranteed hours

offer for the purposes of this Chapter if it is an offer—

(a)

to vary the worker’s terms and conditions of employment (but

see subsection (6) ), or

(b)

to enter into a new worker’s contract,

and the terms and conditions as varied or (as the case may be) the

new worker’s contract will require the employer to provide the

qualifying worker with work, and the qualifying worker to do work,

for a number of hours that reflects the reference period hours in the

relevant reference period.

(2)

The Secretary of State may by regulations provide that an offer by an

employer to a qualifying worker is a guaranteed hours offer for the

purposes of this Chapter only if it also satisfies the condition in

subsection (3) .

(3)

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

(a)

the offer sets out—

(i)

the days of the week, and the times on those days, when

the offered number of hours are to be provided and

worked, or

(ii)

a working pattern of days, and times of day, by

reference to which the offered number of hours are to

be provided and worked, and

(b)

those days and times reflect, or that pattern reflects, when the

qualifying worker worked the reference period hours in the

relevant reference period.

(4)

Where no regulations are in force under subsection (2) that apply in

relation to an offer by an employer to a qualifying worker, the offer

is a guaranteed hours offer for the purposes of this Chapter only if it

also proposes terms and conditions relating to when the offered

number of hours are to be provided and worked (which need not be

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—

(a)

whether an offer reflects the number of hours worked by a

qualifying worker during a reference period;

(b)

where regulations are in force under subsection (2) that apply

in relation to an offer, whether the offer reflects when hours

were worked by a qualifying worker during a reference period.

(6)

A guaranteed hours offer may take the form of an offer to vary a

qualifying worker’s terms and conditions of employment (as opposed

to an offer to enter into a new worker’s contract) only if—

(a)

the qualifying worker worked for the employer under a

worker’s contract at the beginning of the relevant reference

period,

(b)

the qualifying worker is still working for the employer under

that worker’s contract on the day the offer is made, and

(c)

the qualifying worker did not work for the employer under

any other worker’s contract during the period beginning with

the first day of the relevant reference period and ending with

the day the offer is made.

(7)

A guaranteed hours offer that takes the form of an offer to vary a

qualifying worker’s terms and conditions of employment—

(a)

must propose the removal of any term that provides for the

contract to terminate by virtue of a limiting event unless, if the

contract were entered into on the day the offer is made, it

would be reasonable for it to be entered into as a limited-term

contract;

(b)

may not propose any other variation of the worker’s terms and

conditions of employment (other than what is required by or

under subsections (1) and (2) or subsections (1) and (4) ).

(8)

A guaranteed hours offer that takes the form of an offer to enter into

a new worker’s contract—

(a)

must not propose a new worker’s contract that is a limited-term

contract unless it is reasonable for it to be entered into as such

a contract, and

(b)

must (in addition to what is required by or under subsections

(1) and (2) or subsections (1) and (4) ) propose terms and

conditions of employment—

(i)

that, taken as a whole, are no less favourable than the

terms and conditions of employment relating to matters

other than working hours and length of employment

that the qualifying worker had when working for the

employer during the relevant reference period, or

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—

(a)

it is reasonable for the qualifying worker’s employer to consider

that the worker is only needed to perform a specific task and

the contract provides for termination when the task has been

performed,

(b)

it is reasonable for the qualifying worker’s employer to consider

that the worker is only needed until the occurrence of an event

(or the failure of an event to occur) and the contract provides

for termination on the occurrence of the event (or the failure

of the event to occur), or

(c)

it is reasonable for the qualifying worker’s employer to consider

that there is only a temporary need of a specified description

(not falling within paragraph (a) or (b) ) for the qualifying

worker to do work under the contract and the contract is to

expire at a time when it is reasonable for the employer to

consider that the temporary need will come to an end.

(10)

A guaranteed hours offer—

(a)

must be made by no later than the specified day,

(b)

must be made in the specified form and manner, and

(c)

must be accompanied by specified information relating to the

offer.

(11)

The Secretary of State may by regulations make provision about when

a guaranteed hours offer is to be treated as having been made.

(12)

In this section, “reference period hours”, in relation to a qualifying

worker and a relevant reference period, has the same meaning as in

section 27BA (3) .

27BC

Requirements relating to a guaranteed hours offer: supplementary

(1)

This section applies where—

(a)

a guaranteed hours offer made by an employer to a qualifying

worker takes the form of an offer to enter into a new worker’s

contract, and

(b)

during the relevant reference period—

(i)

the qualifying worker worked for the employer under

more than one worker’s contract and did not have the

same terms and conditions of employment relating to

matters other than working hours and length of

employment under those worker’s contracts, or

(ii)

the qualifying worker worked for the employer under

only one worker’s contract but there was a variation

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

terms and conditions of employment (in addition to what is required

by or under section 27BB (1) and (2) or section 27BB (1) and (4) ) that,

taken as a whole, are less favourable than the most favourable terms

and conditions of employment relating to matters other than working

hours and length of employment that the qualifying worker had when

working for the employer during the relevant reference period, but

only if—

(a)

those proposed terms and conditions, taken as a whole, are no

less favourable than the least favourable terms and conditions

relating to matters other than working hours and length of

employment that the qualifying worker had when working for

the employer during the relevant reference period, and

(b)

the proposal of those terms by the employer constitutes a

proportionate means of achieving a legitimate aim.

(3)

If an employer relies on subsection (2) when making a guaranteed

hours offer to a qualifying worker, the employer must give to the

qualifying worker a notice that—

(a)

states that the employer has done so, and

(b)

explains how the proposed terms and conditions constitute a

proportionate means of achieving a legitimate aim.

(4)

A notice under subsection (3) must be given by no later than the same

day, and in the same form and manner, as the guaranteed hours offer

(see section 27BB (10) ).

27BD

Guaranteed hours offer: exceptions to duty to make offer and

withdrawal of offer

(1)

The duty imposed by section 27BA (1) on an employer in relation to

a qualifying worker does not apply if during the relevant reference

period or the offer period there is a relevant termination of—

(a)

the worker’s contract under which the qualifying worker has

been working for the employer, or

(b)

the arrangement in accordance with the terms of which the

qualifying worker has been working for the employer.

(2)

A guaranteed hours offer made by an employer to a qualifying worker

is to be treated as having been withdrawn if during the response

period there is a relevant termination of—

(a)

the worker’s contract under which the qualifying worker has

been working for the employer, or

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—

(a)

the relevant reference period,

(b)

the offer period, or

(c)

the response period,

the references in subsections (1) and (2) to the worker’s contract or

(as the case may be) the arrangement are to the worker’s contract

under which, or (as the case may be) the arrangement in accordance

with the terms of which, the qualifying worker last worked for the

employer before the end of the period in question.

(4)

There is a relevant termination of a worker’s contract entered into

between a qualifying worker and an employer if—

(a)

the qualifying worker terminates (with or without notice) the

worker’s contract otherwise than in circumstances in which

the worker is entitled to terminate it without notice by reason

of the employer’s conduct,

(b)

the employer terminates (with or without notice) the worker’s

contract and—

(i)

the employer’s reason for doing so (or, if more than

one, the employer’s principal reason for doing so) is a

qualifying reason, and

(ii)

in the circumstances (including the size and

administrative resources of the employer’s undertaking)

the employer acts reasonably in treating the reason (or

the principal reason) as a sufficient reason for

terminating the contract, or

(c)

the worker’s contract terminates by virtue of a limiting event

and it was reasonable for the contract to have been entered

into as a limited-term contract.

(5)

There is a relevant termination of an arrangement entered into between

a qualifying worker and an employer if—

(a)

the qualifying worker or the employer terminates the

arrangement and the termination is equivalent to a termination

falling within subsection (4) (a) or (b) , or

(b)

the arrangement was not intended to be permanent and the

termination of it is equivalent to a termination falling within

subsection (4) (c) .

(6)

The Secretary of State may by regulations make provision for the duty

imposed by section 27BA (1) not to apply, or for a guaranteed hours

offer that has been made to be treated as having been withdrawn, in

other specified circumstances.

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.

(8)

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

(a)

an employer who would otherwise have been subject to the

duty imposed by section 27BA (1) in relation to a qualifying

worker and a particular reference period is not required to

make a guaranteed hours offer to the qualifying worker, or

(b)

a guaranteed hours offer made by an employer to a qualifying

worker is treated as having been withdrawn,

the employer must give a notice to the qualifying worker that states

which provision of the regulations has produced the effect referred to

in paragraph (a) or (b) (as the case may be).

(9)

A notice under subsection (8) must be given by an employer to a

qualifying worker—

(a)

where it is required to be given by virtue of paragraph (a) of

that subsection, by no later than the end of the offer period;

(b)

where it is required to be given by virtue of paragraph (b) of

that subsection, by no later than the end of the response period.

(10)

The Secretary of State may by regulations make provision about—

(a)

the form and manner in which a notice under subsection (7)

or (8) must be given;

(b)

when a notice under subsection (7) or (8) is to be treated as

having been given.

(11)

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

applies subsection (4) (c) )—

(a)

subsection (9) of section 27BB (when it is reasonable for a

worker’s contract to be entered into as a limited-term contract)

applies as it applies for the purposes of that section;

(b)

it is to be presumed, unless the contrary is shown, that it was

not reasonable for the worker’s contract to have been entered

into as a limited-term contract if the work done by the

qualifying worker under the worker’s contract was of the same

or a similar nature as the work done under another worker’s

contract under which the qualifying worker worked for the

employer—

(i)

where the period in question is the relevant reference

period, during that period;

(ii)

where the period in question is the offer period, during

that period or the relevant reference period;

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

qualifying worker’s employer, means the period beginning

with the day after the day on which the relevant reference

period ends and ending with—

(a)

the day on which a guaranteed hours offer is made to

the qualifying worker by the employer, or

(b)

if no guaranteed hours offer is made before the day

specified under section 27BB (10) (a) as the last day on

which the employer may make such an offer to the

qualifying worker, that last day;

“qualifying reason” means—

(a)

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

(b)

in relation to a worker who was not an employee

immediately before ceasing to be employed, a reason

that would be of the type mentioned in section 98(1)(b)

if references in that provision and in section 98(2) and

(3) to an employee were references to a worker;

“the response period” , in relation to a guaranteed hours offer

made to a qualifying worker, means the period—

(a)

beginning with the day after the day on which the offer

is made, and

(b)

ending with the specified day.

27BE

Acceptance or rejection of a guaranteed hours offer

(1)

Where an employer makes a guaranteed hours offer to a qualifying

worker and the offer is not treated as having been withdrawn by

virtue of section 27BD (2) or regulations under section 27BD (6) , the

qualifying worker may, by giving notice to the employer before the

end of the response period, accept or reject the offer.

(2)

Where the guaranteed hours offer takes the form of an offer to vary

the qualifying worker’s terms and conditions of employment and the

qualifying worker gives notice under subsection (1) accepting the offer,

the variation (assuming the worker’s contract that was in force when

the guaranteed hours offer was made is still in force) is to be treated

as taking effect on the day after the day on which notice is given (but

this is subject to subsection (6) ).

(3)

If the guaranteed hours offer takes the form of an offer to vary the

qualifying worker’s terms and conditions of employment but the

worker’s contract that was in force when the guaranteed hours offer

was made ceases to be in force during the response period—

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—

(i)

the qualifying worker and the employer are to be

treated as entering into a worker’s contract on the day

after the day on which notice is given (but this is subject

to subsection (6) ), and

(ii)

the terms of the contract are to be treated as being the

terms of the worker’s contract that was in force when

the guaranteed hours offer was made as varied in

accordance with the terms of the offer.

(4)

Where the guaranteed hours offer takes the form of an offer to enter

into a new worker’s contract and the qualifying worker gives notice

under subsection (1) accepting the offer—

(a)

the qualifying worker and the employer are to be treated as

entering into a worker’s contract in the terms of the offer on

the day after the day on which notice is given (but this is

subject to subsection (6) ), and

(b)

that worker’s contract is to be treated as replacing any other

worker’s contract entered into between the qualifying worker

and the employer that is in force on that day.

(5)

But where, by virtue of subsection (4)(b), a new worker’s contract

replaces another worker’s contract of a qualifying worker who is an

employee—

(a)

that is not to be treated for the purposes of this Act as breaking

the continuity of a period of employment of the qualifying

worker;

(b)

the worker’s contract that is replaced is not to be treated for

the purposes of Part 10 as having terminated.

(6)

A qualifying worker and an employer may agree, for the purposes of

subsection (2) , (3) or (4) , that the variation of the qualifying worker’s

terms and conditions of employment is to be treated as taking effect,

or (as the case may be) the new worker’s contract is to be treated as

being entered into, on a later day than the day mentioned in the

subsection (and, in subsection (4) (b) , the reference to “that day” is then

to be read as a reference to the later agreed day).

(7)

If a qualifying worker to whom a guaranteed hours offer has been

made does not give notice under subsection (1) before the end of the

response period, the qualifying worker is to be treated as having

rejected the offer.

(8)

The Secretary of State may by regulations make provision about—

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

section 27BD .

(10)

Where—

(a)

an employer is permitted by section 27BY (3) to withdraw a

guaranteed hours offer (withdrawal of offer following

incorporation of terms of collective agreement), and

(b)

the employer withdraws the offer by giving notice under that

section,

subsection (1) of this section ceases to apply in relation to the offer

when the notice is given.

Information

27BF

Information about rights conferred by Chapter 2

(1)

An employer who employs a worker who it is reasonable to consider

might become a qualifying worker of the employer in relation to a

reference period (whether the initial reference period, or a subsequent

reference period, as defined in section 27BA ) must take reasonable

steps, within the initial information period, to ensure that the worker

is aware of specified information relating to the rights conferred on

workers by this Chapter.

(2)

An employer who is subject to the duty in subsection (1) in relation

to a worker must take reasonable steps to ensure that, after the end

of the initial information period, the worker continues to have access

to the specified information referred to in that subsection at all times

when—

(a)

the worker is employed by the employer, and

(b)

it is reasonable to consider that the worker might become (or

might again become) a qualifying worker of the employer in

relation to a reference period.

(3)

“The initial information period”, in relation to a worker and the

worker’s employer, means the period of two weeks beginning with—

(a)

where the worker is employed by the employer on the day on

which section 27BA (1) comes into force (“the commencement

day”), the commencement day, or

(b)

where the worker is not so employed, the first day after the

commencement day on which the worker is employed by the

employer.

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

becomes reasonable so to consider.

Enforcement

27BG

Complaints to employment tribunals: grounds

(1)

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

(a)

the duty imposed by section 27BA (1) applies to the worker’s

employer in relation to the worker and a particular reference

period, but

(b)

by the end of the last day of the offer period, the employer

has not made an offer to vary the worker’s terms and

conditions of employment or to enter into a new worker’s

contract in compliance (or purported compliance) with that

duty (whether because the employer does not consider that

the worker is a qualifying worker in relation to the reference

period or for any other reason).

(2)

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

(a)

the duty imposed by section 27BA (1) applies to the worker’s

employer in relation to the worker and a particular reference

period, but

(b)

the offer that the employer has made to the worker in relation

to that reference period to vary the worker’s terms and

conditions of employment or to enter into a new worker’s

contract is not a guaranteed hours offer as described in—

(i)

where regulations are in force under subsection (2) of

section 27BB that apply in relation to the offer,

subsections (1) and (3) of that section (read with any

regulations in force under subsection (5) (a) or (b) of

that section), or

(ii)

where no regulations are in force under subsection (2)

of section 27BB that apply in relation to the offer,

subsections (1) and (4) of that section (read with any

regulations in force under subsection (5) (a) of that

section).

(3)

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

(a)

the duty imposed by section 27BA (1) applies to the worker’s

employer in relation to the worker and a particular reference

period, but

(b)

the guaranteed hours offer that the employer has made to the

worker in relation to that reference period—

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) .

(4)

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

(a)

the duty imposed by section 27BA (1) applies to the worker’s

employer in relation to the worker and a particular reference

period, but

(b)

the guaranteed hours offer that the employer has made to the

worker in relation to that reference period is on terms requiring

the employer to provide, and the worker to do, less work than

would have been the case if the employer had not, during that

reference period—

(i)

limited (by whatever means, including termination of

a worker’s contract or an arrangement) the number of

hours of work made available to the worker, or

(ii)

decided to make work available to the worker in the

way that the employer did,

for the sole or main purpose of being able to comply with the

duty by making such a reduced offer.

(5)

A worker may present a complaint to an employment tribunal that

the duty imposed by section 27BA (1) would have applied to the

worker’s employer in relation to the worker and a particular reference

period if the employer had not, during that reference period—

(a)

limited (by whatever means, including termination of a

worker’s contract or an arrangement) the number of hours of

work made available to the worker, or

(b)

decided to make work available to the worker in the way that

the employer did,

for the sole or main purpose of preventing the worker from satisfying,

in relation to that reference period, one or more of the conditions in

section 27BA (3) (b) to (d) .

(6)

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

(a)

may be presented whether or not the offer in question has been

accepted by the worker, but

(b)

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

(i)

treated as having been withdrawn by virtue of section

27BD (2) or regulations under section 27BD (6) , or

(ii)

withdrawn in accordance with section 27BY (3)

(withdrawal of offer following incorporation of terms

of collective agreement).

(7)

A worker may present a complaint to an employment tribunal that

the worker’s employer—

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;

(c)

has given to the worker a notice in purported compliance with

section 27BD (8) that does not refer to any provision of the

regulations or refers to the wrong provision.

(8)

A worker may present a complaint to an employment tribunal that

the worker’s employer has failed to comply with—

(a)

the duty imposed by section 27BF (1) ;

(b)

the duty imposed by section 27BF (2) .

(9)

In this section “the last day of the offer period”, in relation to a

reference period, means the day specified under section 27BB (10) (a)

as the last day on which a guaranteed hours offer may be made in

relation to that reference period.

27BH

Complaints to employment tribunals: time limits

(1)

An employment tribunal must not consider a complaint under section

27BG (1) unless it is presented before the end of the period of six

months beginning with the day after the last day of the offer period

(as defined in section 27BG (9) ).

(2)

An employment tribunal must not consider a complaint under section

27BG (2) unless it is presented before the end of the period of six

months beginning with the day after the day when the offer referred

to in that provision is made.

(3)

An employment tribunal must not consider a complaint under section

27BG (3) or (4) unless it is presented before the end of the period of

six months beginning with the day after the day when the guaranteed

hours offer referred to in that provision is made.

(4)

An employment tribunal must not consider a complaint under section

27BG (5) unless it is presented before the end of the period of six

months beginning with the day after what would have been the last

day of the offer period (as defined in section 27BG (9) ) if the duty

imposed by section 27BA (1) had applied.

(5)

An employment tribunal must not consider a complaint under section

27BG (7) (a) relating to a notice unless it is presented before the end of

the period of six months beginning with the day after the day on or

before which the notice should have been given (see section 27BD (7)

and (9) ).

(6)

An employment tribunal must not consider a complaint under section

27BG (7) (b) or (c) relating to a notice unless it is presented before the

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

information period (see section 27BF (3) and (4) ).

(8)

An employment tribunal must not consider a complaint under section

27BG (8) (b) unless it is presented before the end of the period of six

months beginning with the day on which the worker first becomes

aware of the failure to which the complaint relates.

(9)

But, if the employment tribunal is satisfied that it was not reasonably

practicable for a complaint under section 27BG to be presented before

the end of the relevant period of six months, the tribunal may consider

the complaint if it is presented within such further period as the

tribunal considers reasonable.

(10)

Section 207B (extension of time limits to facilitate conciliation before

institution of proceedings) applies for the purposes of subsections (1)

to (8) .

27BI

Remedies

(1)

Where an employment tribunal finds a complaint under section 27BG

well-founded, the tribunal—

(a)

must make a declaration to that effect, and

(b)

may make an award of compensation to be paid by the

employer to the worker.

(2)

The amount of compensation under subsection (1) (b) is to be such

amount, not exceeding the permitted maximum, as the tribunal

considers just and equitable in all the circumstances to compensate

the worker for any financial loss sustained by the worker which is

attributable to the matter complained of.

(3)

In ascertaining the financial loss sustained, the tribunal must apply

the same rule concerning the duty of a person to mitigate their loss

as applies to damages recoverable under the common law of England

and Wales or (as the case may be) Scotland.

(4)

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

(a)

where the complaint is under section 27BG (1) , (2) , (3) , (7) or

(8) , such number of weeks’ pay as the Secretary of State may

specify in regulations;

(b)

where the complaint is under section 27BG (4) or (5) , such

amount as the Secretary of State may specify in regulations.

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;

(b)

references in that Chapter and in section 234 to a contract of

employment were references to a worker’s contract;

(c)

“week” meant—

(i)

in relation to a worker whose remuneration is calculated

weekly by a week ending with a day other than a

Saturday, a week ending with that other day, and

(ii)

in relation to any other worker, a week ending with

Saturday.”

Shifts: rights to reasonable notice

After section 27BI of the Employment Rights Act 1996 (inserted by section 1

) 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

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

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

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

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—

(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.

(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

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

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

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

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

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)

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,

(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.

(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;

(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

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

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

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

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

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

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

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

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.

(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.

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

(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.

(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 .

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

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;

(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

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

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

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

(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

compensate the worker for any financial loss sustained by the worker

which is attributable to the matter complained of.

(3)

In ascertaining the financial loss sustained, the tribunal must apply

the same rule concerning the duty of a person to mitigate their loss

as applies to damages recoverable under the common law of England

and Wales or (as the case may be) Scotland.”

Page 22

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

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

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,

(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,

(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

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,

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

(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,

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

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,

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—

(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

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);

(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

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—

(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

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

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)

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.

(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.

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

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

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

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;

(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

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.

(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

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

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

(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

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

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,

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);

(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

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;

(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

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) .

(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

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

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

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

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

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;

(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,

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—

(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) ;

(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.

(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) ).

(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

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

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

(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

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

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

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

seriousness of the matter complained of.”

Page 29

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

27BV

Agency workers

(1)

In this Part, “agency worker” means an individual—

(a)

who has a worker’s contract or an arrangement with a

work-finding agency by virtue of which the individual is (or

is to be) supplied to work for and under the supervision and

direction of another person,

(b)

who does not do (or is not to do) the work under a worker’s

contract with the other person, and

(c)

who is not (or is not to be) a party to a contract under which

the individual undertakes to do the work for another party to

the contract whose status is, by virtue of the contract, that of

a client or customer of any profession or business undertaking

carried on by the individual.

(2)

In this Part—

(a)

references to an agency worker include, where the context

requires, a former agency worker, and

(b)

where that is the case, references in relation to the agency

worker to a work-finding agency, and references (however

expressed) to a person for and under the supervision and

direction of whom the agency worker works, are to be read

accordingly.

(3)

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

(a)

whether the individual is (or is to be) supplied to work for

and under the supervision and direction of another person—

(i)

by the work-finding agency referred to in subsection

(1) (a) , or

(ii)

by a person other than the work-finding agency;

(b)

whether the individual is (or is to be) paid, for work done for

and under the supervision and direction of another person—

(i)

by the work-finding agency referred to in subsection

(1) (a) , or

(ii)

by a person other than the work-finding agency.

(4)

In this Part, “work-finding agency” means a person carrying on the

business (whether or not with a view to profit and whether or not in

conjunction with any other business) of finding, or seeking to find,

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

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.

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

27BW

Zero hours workers, etc

(1)

This section applies in relation to—

(a)

a duty imposed on an employer in respect of a worker, and

(b)

a right conferred on a worker in respect of an employer,w

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

(2)

The duty or right is excluded if—

(a)

the worker is employed by the employer under a worker’s

contract (“the contract”),

(b)

a relevant collective agreement contains—

(i)

terms that expressly exclude the duty or right, and

(ii)

terms that expressly replace the excluded duty or right,

(c)

the terms within paragraph (b) (ii) are incorporated into the

contract, and

(d)

the employer notifies the worker in writing of the incorporation

and effect of those terms.

(3)

A relevant collective agreement is a collective agreement that is—

(a)

in writing, and

(b)

made by or on behalf of—

(i)

one or more trade unions which each have a certificate

of independence, and

(ii)

the worker’s employer.

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

a work-finding agency,

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

(2)

The duty or right is excluded if—

(a)

the agency worker is supplied to work for and under the

supervision and direction of the hirer by virtue of a worker’s

contract (“the contract”) that the agency worker has with

another person (“the other party”),

(b)

a relevant collective agreement contains—

(i)

terms that expressly exclude the duty or right, and

(ii)

terms that expressly replace the excluded duty or right,

(c)

the terms within paragraph (b) (ii) are incorporated into the

contract, and

(d)

the other party notifies the agency worker in writing of the

incorporation and effect of those terms.

(3)

A relevant collective agreement is a collective agreement that is—

(a)

in writing, and

(b)

made by or on behalf of—

(i)

one or more trade unions which each have a certificate

of independence, and

(ii)

the other party.

27BY

Supplementary provision

(1)

For the purposes of sections 27BW and 27BX , it does not matter

whether—

(a)

terms in a collective agreement that expressly replace a duty

or right relate to the same subject matter as the duty or right,

(b)

a collective agreement ceases to be in force after the terms

mentioned in section 27BW (2) (b) (ii) or 27BX (2) (b) (ii) are

incorporated into the contract (within the meaning of section

27BW or 27BX , as the case may be), provided the terms

continue to be incorporated.

(2)

Where the duty to make a guaranteed hours offer under Chapter 2 or

5 is excluded by virtue of terms that are incorporated into a contract

with a worker or, as the case may be, an agency worker, as mentioned

in section 27BW (2) (c) or 27BX (2) (c) , during the offer period, the duty

ceases to apply.

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) ,

(b)

a guaranteed hours offer has already been made in compliance

with the duty, and

(c)

the worker or agency worker has not accepted the offer,

the person who made the offer may withdraw it during the response

period by giving a notice to the worker or agency worker.

(4)

The notice must include a statement to the effect that the offer is

withdrawn in consequence of the exclusion of the duty to make a

guaranteed hours offer as a result of the incorporation into the worker’s

or agency worker’s contract, as mentioned in section 27BW (2) (c) or

27BX (2) (c) , of terms contained in a collective agreement that expressly

replace that duty.

(5)

A worker or an agency worker to whom a notice is given in reliance

on subsection (3) may present a complaint to an employment tribunal

that subsection (3) did not permit the notice to be given.

(6)

Where a complaint is presented under subsection (5) —

(a)

by a worker, sections 27BH and 27BI apply in relation to the

complaint as they apply in relation to a complaint under section

27BG (7) (b) ;

(b)

by an agency worker, paragraphs 9 and 10 of Schedule A1

apply in relation to the complaint as they apply in relation to

a complaint under paragraph 7 (7) (b) of that Schedule.

(7)

Subsection (8) applies where—

(a)

the duty to make a guaranteed hours offer under Chapter 2 or

5 is excluded by virtue of terms that are incorporated into a

contract with a worker or, as the case may be, an agency

worker, as mentioned in section 27BW (2) (c) or 27BX (2) (c) , and

(b)

the duty ceases to be excluded as a result of the terms ceasing

to be incorporated into the contract (including where the

contract ceases to be in force).

(8)

In applying Chapter 2 or 5 for the purposes of the duty after it has

ceased to be excluded—

(a)

in any case where there was a reference period in relation to

the duty as it had effect before being excluded, that reference

period is to be disregarded,

(b)

in relation to a worker and the worker’s employer, sections

27BA (5) and 27BF (3) have effect as if the first day on which

the worker is employed by the employer is the day after the

day on which the terms cease to be incorporated, and

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.

27BZ

Regulations

(1)

The Secretary of State may by regulations make further provision for

the purposes of section 27BW or 27BX .

(2)

The regulations may, in particular, make provision about—

(a)

the effect on a duty in Chapters 2 to 5 of terms being or ceasing

to be incorporated as mentioned in section 27BW (2) (c) or

27BX (2) (c) ,

(b)

the form and manner in which a notice under section 27BY (3)

is to be given, and

(c)

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

been given.

27BZ1

Interpretation

(1)

Terms used in this Chapter that are used in—

(a)

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

(b)

Chapter 5 (including Schedule A1 ) (rights relating to agency

workers),

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

that Schedule).

(2)

In this Chapter, “certificate of independence” means a certificate issued

under section 6 of the Trade Union and Labour Relations

(Consolidation) Act 1992.”

(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

under Chapter 6 of Part 2A,”.

Page 34

Amendments relating to sections

(1)

After section 27BZ1 of the Employment Rights Act 1996 (inserted by section

5 ) insert—

Chapter 7

General

27BZ2

Interpretation

(1)

In this Part—

“agency worker” has the meaning given by section 27BV ;

“arrangement” (when used by itself and not as part of the

expression “zero hours arrangement”) means an arrangement

(whether contractual or non-contractual) other than a worker’s

contract;

“specified” means specified in, or determined in accordance with,

regulations made by the Secretary of State;

“zero hours arrangement” means an arrangement under which—

(a)

an employer and an individual agree terms on which

the individual will do any work where the employer

makes it available to the individual and the individual

agrees to do it, but

(b)

the employer is not required to make any work available

to the individual, nor the individual required to accept

it,

and in this Part “employer”, in relation to a zero hours

arrangement, is to be read accordingly;

“zero hours contract” means a contract of employment or other

worker’s contract under which—

(a)

the undertaking to do work is an undertaking to do so

conditionally on the employer making work available

to the worker, and

(b)

there is no certainty that any such work will be made

available to the worker.

(2)

For the purposes of this Part—

(a)

a person who is, or is treated as, an employer makes work

available to a worker or other individual if they request or

require the individual to do it;

(b)

references to work and doing work include references to

services and performing them.

27BZ3

Regulations

(1)

Regulations under this Part may—

(a)

make different provision for different purposes;

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 .

Repeal of Workers (Predictable Terms and Conditions) Act 2023

The Workers (Predictable Terms and Conditions) Act 2023 is repealed.

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.

(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)—

(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”.

(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

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

arrangement.”

Flexible working

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) .

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

refused on a ground or grounds listed in subsection

(1ZA), and

(ii)

it is reasonable for the employer to refuse the

application on that ground or those grounds.

“(1ZA)

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

(a)

the burden of additional costs;

(b)

detrimental effect on ability to meet customer demand;

(c)

inability to re-organise work among existing staff;

(d)

inability to recruit additional staff;

(e)

detrimental impact on quality;

(f)

detrimental impact on performance;

(g)

insufficiency of work during the periods the employee proposes

to work;

(h)

planned structural changes;

(i)

any other grounds specified by the Secretary of State in

regulations.”

(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

(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

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—

“(eza)

Part 8A,”.

Page 37

Statutory sick pay

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

“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

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

the “or” at the end of paragraph (a)).

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—

“(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

sick pay do not arise), in paragraph 2, omit paragraph (c) (lower earnings

limit).

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.

(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”.

(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)).

Statutory sick pay in Northern Ireland: lower earnings limit etc

(1)

Part 11 of the Social Security Contributions and Benefits (Northern Ireland)

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

(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

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

business, an employer must consult—

(a)

representatives of an independent trade union recognised by

the employer in respect of workers who are likely to be affected

by the policy, or representatives appointed or elected by those

workers and having authority to receive information and to

be consulted about the policy on behalf of those workers, or

(b)

if there are no such trade union or worker representatives,

workers who are likely to be affected by the policy.”

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—

(a)

at least once during the period of three years beginning with

the first day on which the first version of the policy is made

available (including where that day precedes the coming into

force of this subsection), and

(b)

after that, no more than three years after the completion of the

previous review.

(3C)

An employer must consult persons as described in subsection (2A) as

part of every review of the written policy.”

(4)

After subsection (6) insert—

“(7)

An employer who has carried out a consultation required by this

section in relation to a written policy for a place of business must

make a summary of the views expressed in the consultation available

in anonymised form to all workers of the employer at the place of

business.

(8)

In this section “recognised”, in relation to a trade union, has the same

meaning as in the Trade Union and Labour Relations (Consolidation)

Act 1992 (see section 178 of that Act).”

Entitlements to leave

Parental leave: removal of qualifying period of employment

In section 76 of the Employment Rights Act 1996 (entitlement to parental

leave), in subsection (1), omit paragraph (a) (and the “and” after it).

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);

(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

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).

(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

(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).

Bereavement leave

(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)—

(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.”;

(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

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—

“(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”.

(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

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”.

(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

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—

““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”.

(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

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”;

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(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).

Protection from harassment

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”.

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.

(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

from doing so.

(1C)

In this section “third party” means a person other than—

(a)

A, or

(b)

an employee of A.”

Sexual harassment: power to make provision about “reasonable steps”

(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,

an employer (A) has taken, or failed to take, all reasonable steps to

prevent sexual harassment of an employee of A (see, in particular,

sections 40 and 40A and section 109).

(2)

The steps that may be specified in regulations under this section

include, among others—

(a)

carrying out assessments of a specified description;

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.

(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

to affirmative procedure), after paragraph (a) insert—

“(aa)

regulations under section 40B (prevention of sexual harassment:

power to specify “reasonable steps”);”.

Protection of disclosures relating to sexual harassment

(1)

Part 4A of the Employment Rights Act 1996 (protected disclosures) is amended

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,”.

(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

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.

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) .

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(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)

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

produced and other procedures to be followed by employees

and employers;

(b)

make provision for the consequences of failure to give notices,

to produce evidence or to comply with other procedural

requirements;

(c)

make provision for the consequences of failure to act in

accordance with a notice given by virtue of paragraph (a);

(d)

make special provision for cases where an employee has a right

which corresponds to a right under section 49D and which

arises under a contract of employment or otherwise;

(e)

make provision modifying the effect of Chapter 2 of Part 14

(calculation of a week’s pay) in relation to an employee who

is or has been absent from work during, or after, a protected

period of pregnancy;

(f)

make provision applying, modifying or excluding an enactment,

in such circumstances as may be specified and subject to any

conditions specified, in relation to a person during, or after, a

protected period of pregnancy;

(g)

make different provision for different cases or circumstances.”

(7)

In the heading of Part 5B, after “Redundancy” insert “or dismissal”.

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,”.

(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.

“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

“during” insert “or after”.

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—

“104I

Variation of contract of employment

(1)

An employee who is dismissed is to be regarded for the purposes of

this Part as unfairly dismissed if—

(a)

the employee was employed for the purposes of a business

carried on by the employer, and

(b)

the reason (or, if more than one, the principal reason) for the

dismissal is a reason within subsection (2) or (3).

(2)

The reason within this subsection is that—

(a)

the employer sought to vary the employee’s contract of

employment, and

(b)

the employee did not agree to the variation.

(3)

The reason within this subsection is to enable the employer to employ

another person, or to re-engage the employee, under a varied contract

of employment to carry out the same duties, or substantially the same

duties, as the employee carried out before being dismissed.

(4)

Subsection (1) does not apply in relation to an employee if the

employer shows that—

(a)

the reason for the variation was to eliminate, prevent or

significantly reduce, or significantly mitigate the effect of, any

financial difficulties which at the time of the dismissal were

affecting, or were likely in the immediate future to affect, the

employer’s ability to carry on the business as a going concern

or otherwise to carry on the activities constituting the business,

and

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

the following—

(a)

any consultation carried out by the employer with the employee

about varying the employee’s contract of employment;

(b)

if the employee is of a description in respect of which an

independent trade union is recognised by the employer, any

consultation carried out by the employer with that trade union;

(c)

if the employee is not of a description in respect of which an

independent trade union is recognised by the employer, any

consultation carried out by the employer with any other person

representing the interests of the employee that, at the time of

the dismissal, had authority to receive information and to be

consulted about the dismissal on the employee’s behalf;

(d)

anything offered to the employee by the employer in return

for agreeing to the variation;

(e)

any matters specified for the purposes of this subsection in

regulations made by the Secretary of State.

(6)

In this section—

(a)

“recognised”, in relation to a trade union, has the same meaning

as in the Trade Union and Labour Relations (Consolidation)

Act 1992 (see section 178 of that Act);

(b)

a reference to a “varied” contract of employment is to a contract

of employment the terms of which are not the same as the

terms of the contract of employment under which the employee

worked before being dismissed, and, in a case where subsection

(3) applies, any reference in this section to “the variation” is to

be read accordingly.”

(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,”.

(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

Collective redundancy: extended application of requirements

(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 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—

(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”;

(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,

(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

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

establishment—

(i)

the total number of employees of any

such description employed by the

employer, and

(ii)

details of the establishments at which

those employees are employed,”.

(3)

In section 193 (duty of employer to notify Secretary of State of certain

redundancies)—

(a)

omit subsection (1);

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(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

(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);

(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;

(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.”;

(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)”.

(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

(1)

In this Chapter references to the threshold number of employees are

references to the number of employees determined in accordance with

regulations made by the Secretary of State under this section.

(2)

Regulations under this section may (among other things) provide that

the number is—

(a)

a specified number;

(b)

a number determined by reference to a specified percentage

of employees;

(c)

a number that is the highest or lowest of two or more numbers,

whether those numbers are specified numbers, determined by

reference to a specified percentage of employees, or determined

in another way specified in the regulations.

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

other things)—

(a)

provision about the time by reference to which that

determination is to be made;

(b)

provision excluding employees of a specified description from

being taken into account in that determination.

(5)

Regulations under this section may make different provision for

different purposes, including (among other things)—

(a)

different provision in respect of different provisions of this

Chapter;

(b)

different provision in respect of different descriptions of

employer.

(6)

Regulations under this section may contain such incidental,

supplementary or transitional provision as appears to the Secretary

of State to be necessary or expedient.

(7)

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

(8)

A statutory instrument containing regulations under this section

(whether alone or with other provision) may not be made unless a

draft of the instrument is laid before and approved by a resolution of

each House of Parliament.

(9)

In this section “specified” means specified in the regulations.”

(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)”.

(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

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)”.

Page 50

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

“180”.

(3)

In section 197 (power to vary provisions), in subsection (1)(b), for “periods”

substitute “period”.

Collective redundancy notifications: ships’ crew

(1)

In the Trade Union and Labour Relations (Consolidation) Act 1992, section

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”

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”.

(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”.

(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—

(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

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

(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

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

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.

(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).”

Public sector outsourcing: protection of workers

Public sector outsourcing: protection of workers

(1)

The Procurement Act 2023 is amended as follows.

(2)

After Part 5 insert—

Part 5A

Outsourcing: protection of workers

83A

Application of this Part

(1)

This Part provides for a Minister of the Crown, the Scottish Ministers

and the Welsh Ministers to make provision for the protection of

workers in relation to relevant outsourcing contracts (see section 83B ).

(2)

Accordingly, in this Part, “appropriate authority”—

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.

(3)

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

(a)

may exercise a power under this Part for the purpose of

regulating devolved Scottish authorities only in relation to joint

or centralised procurement under a reserved procurement

arrangement;

(b)

may not exercise a power under this Part for the purpose of

regulating joint or centralised procurement under a devolved

Scottish procurement arrangement.

(4)

The Scottish Ministers—

(a)

may only exercise a power under this Part for the purpose of

regulating—

(i)

devolved Scottish authorities, or

(ii)

procurement under a devolved Scottish procurement

arrangement;

(b)

may not exercise a power under this Part for the purpose of

regulating—

(i)

joint or centralised procurement under a reserved

procurement arrangement, or

(ii)

joint or centralised procurement under a devolved

Welsh procurement arrangement.

(5)

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

(a)

may exercise a power under this Part for the purpose of

regulating devolved Scottish authorities only in relation to joint

or centralised procurement under a devolved Welsh

procurement arrangement;

(b)

may not exercise a power under this Part for the purpose of

regulating joint or centralised procurement under a devolved

Scottish procurement arrangement.

(6)

This Part does not apply in relation to—

(a)

a private utility;

(b)

a person referred to in regulation 4(1)(b) of the Utilities

Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49);

(c)

a devolved Welsh authority listed in Schedule 1 of the Social

Partnership and Public Procurement (Wales) Act 2023 (asc 1);

(d)

procurement under a transferred Northern Ireland procurement

arrangement, except to the extent that the procurement—

(i)

is carried out by a devolved Scottish authority, and

(ii)

is not joint or centralised;

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

(iii)

procurement under a devolved Welsh procurement

arrangement.

(7)

For the purposes of this section, procurement under a procurement

arrangement is “joint or centralised” if as part of that procurement

arrangement a contract is to be awarded following a procedure or

other selection process carried out—

(a)

jointly by a devolved Scottish authority and another contracting

authority which is not a devolved Scottish authority, or

(b)

by a centralised procurement authority or equivalent body.

83B

Relevant outsourcing contracts

(1)

In this Part, “relevant outsourcing contract” means a contract in relation

to which conditions A to C are met.

(2)

Condition A is met where the contract—

(a)

is a public contract under this Act, or

(b)

is a contract regulated by Scottish procurement legislation.

(3)

Condition B is met where the contract—

(a)

is a contract for the supply of services that include the

performance of functions that are or have previously been

performed by the contracting authority, or

(b)

is—

(i)

in the case of a public contract, a framework for the

future award of a contract referred to in paragraph (a),

(ii)

in the case of a contract regulated by Scottish

procurement legislation, a framework agreement the

purpose of which is to establish the terms governing a

contract referred to in paragraph (a).

(4)

Condition C is met where the functions referred to in subsection (3) (a)

are, or are expected to be, performed by individuals (“transferring

workers”) who—

(a)

in performing the functions, are employed by the supplier or

a sub-contractor under a worker’s contract, and

(b)

were employed by the contracting authority under a worker’s

contract in performing functions of the same kind.

(5)

For the purposes of this Part—

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—

(i)

“contracting authority” means a devolved Scottish

authority that is a contracting authority within the

meaning of the relevant Scottish procurement legislation;

(ii)

“framework agreement” has the same meaning as in

the relevant Scottish procurement legislation;

(iii)

“supplier” means an economic operator within the

meaning of the relevant Scottish procurement legislation;

(iv)

“the relevant Scottish procurement legislation” means

the Scottish procurement legislation regulating the

procurement of the contract.

83C

Power to specify provision for inclusion in relevant outsourcing

contracts

(1)

An appropriate authority may by regulations specify provision to be

included in a relevant outsourcing contract for the purpose of ensuring

that—

(a)

transferring workers of a specified description are treated no

less favourably as workers of the supplier or a sub-contractor

than they were as workers of the contracting authority, and

(b)

workers of the supplier or a sub-contractor who are not

transferring workers and are of a specified description are

treated no less favourably than those transferring workers.

(2)

In carrying out the procurement of a relevant outsourcing contract,

the contracting authority must—

(a)

take all reasonable steps to ensure that provision specified

under subsection (1) is included in the contract;

(b)

where provision specified under subsection (1) is included in

the contract, take all reasonable steps to secure that such

provision is complied with.

(3)

Subsection (2) does not apply—

(a)

where the contracting authority or the relevant outsourcing

contract is of a specified description, or

(b)

in specified circumstances.

(4)

In this section, “specified” means specified in regulations made by an

appropriate authority.

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—

(a)

transferring workers of a description specified in the code are

treated no less favourably as workers of the supplier or a

sub-contractor than they were as workers of the contracting

authority, and

(b)

workers of the supplier or a sub-contractor who are not

transferring workers and are of a description specified in the

code are treated no less favourably than those transferring

workers.

(2)

An appropriate authority—

(a)

may amend or replace a code published by it under subsection

(1) , and

(b)

must publish any amended or replacement code.

(3)

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

(a)

in the case of a code published by a Minister of the Crown, be

laid before Parliament;

(b)

in the case of a code published by the Scottish Ministers, be

laid before the Scottish Parliament;

(c)

in the case of a code published by the Welsh Ministers, be laid

before Senedd Cymru.

(4)

In carrying out the procurement of a relevant outsourcing contract,

the contracting authority must have regard to the code of practice for

the time being published under subsection (1) or (2) .

(5)

This section does not require an appropriate authority to do anything

which the authority does not have power to do (see section 83A and

Part 11).

83E

Interpretation of this Part

(1)

In this Part—

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

“contract regulated by Scottish procurement legislation” has the

meaning given in section 83B (5) (a) ;

“relevant outsourcing contract” has the meaning given in section

83B ;

“transferring worker” , in relation to a relevant outsourcing

contract, has the meaning given in section 83B (4) ;

“worker” and “worker’s contract” have the same meaning as in

the Employment Rights Act 1996 (see section 230 of that Act).

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(2)

For the purposes of this Part, in relation to a contract regulated by

Scottish procurement legislation, “contracting authority”, “framework

agreement”, “supplier” and “the relevant Scottish procurement

legislation” have the meaning given in section 83B (5) (b) .

83F

Power of Scottish Ministers to amend this Part

The Scottish Ministers may by regulations modify section 83A , 83B or

83E in consequence of a modification of Scottish procurement

legislation.”

(3)

In section 2 (contracting authorities), after subsection (1) insert—

“(1A)

But see also section 83B (5) (b) (i) (which provides for “contracting

authority” to have an extended meaning in relation to certain contracts

regulated under Part 5A (outsourcing: protection of workers)).”

(4)

In section 122 (regulations)—

(a)

in subsection (4) (regulations of Ministers of the Crown subject to

affirmative procedure), after paragraph (i) insert—

“(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

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);

(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));”.

(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”.

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(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

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

(1)

Regulations may require employers to—

(a)

develop and publish a plan (an “equality action plan”) showing

the steps that the employers are taking in relation to their

employees with regard to prescribed matters related to gender

equality, and

(b)

publish prescribed information relating to the plan.

(2)

This section does not apply to—

(a)

an employer with fewer than 250 employees;

(b)

a public authority, other than—

(i)

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

(ii)

a public authority specified in Part 4 of Schedule 19

with the letter “D” included after the entry.

(3)

For the purposes of subsection (1) , a matter is related to gender

equality if it is related to advancing equality of opportunity between

male and female employees.

(4)

Accordingly, matters related to gender equality include—

(a)

addressing the gender pay gap, and

(b)

supporting employees going through the menopause.

(5)

The regulations may, among other things, make provision about—

(a)

the content of a plan;

(b)

the form and manner in which a plan or information is to be

published;

(c)

when and how frequently a plan or information is to be

published or revised;

(d)

requirements for senior approval before a plan or information

is published;

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(e)

descriptions of employers;

(f)

descriptions of employee;

(g)

descriptions of information.

(6)

The regulations may not require an employer, after the first publication

of information, to publish information more frequently than at intervals

of 12 months.

(7)

The regulations may make provision for a failure to comply with the

regulations to be enforced, otherwise than as an offence, by such means

as are prescribed.

(8)

The reference to a failure to comply with the regulations includes a

reference to a failure by a person acting on behalf of an employer.

(9)

A Minister of the Crown must consult—

(a)

the Commission, before making regulations under this section

that apply to a public authority, and

(b)

the Welsh Ministers, before making regulations under this

section that apply to a public authority specified in Part 4 of

Schedule 19 with the letter “D” included after the entry.”

(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);”.

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

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)).”

(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

identity of the person who has contracted with the principal for the

supply of the individual.

(1B)

In subsection (1A) , “principal” and “contract worker” have the meaning

that they have in section 41 (see section 41(5) and (7)).”

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(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,

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

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

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);

(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”

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—

“(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).”

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Employment businesses

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

(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

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

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

arrangements);

(d)

taking steps with a view to doing anything mentioned in

paragraphs (a) to (c).”

Part 3

Pay and conditions in particular sectors

Chapter 1

School support staff

Pay and conditions of school support staff in England

Schedule 4 contains provision establishing the School Support Staff Negotiating

Body.

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Chapter 2

Social care workers

Social Care Negotiating Bodies

Power to establish Social Care Negotiating Body

(1)

For the purposes of this Chapter, the Secretary of State may by regulations

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.

(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

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;

(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

section.

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.

(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;

(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));

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(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;

(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

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—

(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

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

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.

Matters within Negotiating Body’s remit

(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,

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)—

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“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.

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;

(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

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

Consideration of matters by Negotiating Body

(1)

The appropriate authority may by regulations make provision about the

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

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;

(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

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;

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(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.

Reconsideration by Negotiating Body

(1)

The appropriate authority may by regulations provide that, in a case where

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

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,

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

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

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.

(4)

In this section “specified” means specified in the regulations.

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,

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;

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(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

Power to ratify agreements

(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.

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

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.

(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

Power of appropriate authority to deal with matters

(1)

This section applies where—

(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.

(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.

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(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.

(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.

Guidance etc

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

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

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

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

Duty of employers to keep records

(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.

(2)

Regulations under this section may provide for the following provisions of

the National Minimum Wage Act 1998 to apply, with or without modifications,

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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

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

regulations.

(4)

In this section “specified” means specified in the regulations.

Agency workers

Agency workers who are not otherwise “workers”

(1)

This section applies in any case where an individual (the “agency worker”)—

(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

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.

(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

(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) —

(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

persons at that time.

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(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

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

Regulations under section

(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—

(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—

(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

other document.

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.

(3)

Regulations under any other provision of this Chapter are subject to the

affirmative resolution procedure.

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

Body acting in that capacity, is to be regarded as collective bargaining

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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.

Interpretation of this Chapter

(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;

“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—

(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) ;

“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;

“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

(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

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.

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Chapter 3

Seafarers

Seafarers’ wages and working conditions

Schedule 5 amends the Seafarers’ Wages Act 2023.

International agreements relating to maritime employment

(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

(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

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

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

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

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—

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(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

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.

(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

(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

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

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—

(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

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;

(c)

for an offence under the regulations to be punishable on

conviction on indictment with imprisonment for a term

exceeding two years.

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(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;

(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.

(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

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

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.

(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

of Parliament.”

(3)

In section 306 (regulations etc), in subsection (2A)(a), after “section” insert

“ 84A (2) ,”.

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Part 4

Trade unions and industrial action, etc

Right to statement of trade union rights

Right to statement of trade union rights

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended

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

(1)

A worker’s employer must give the worker a written statement that

the worker has the right to join a trade union.

(2)

The statement must be given—

(a)

at the same time as the employer gives the worker a statement

under section 1 of the 1996 Act (statement of employment

particulars);

(b)

at other prescribed times.

(3)

The Secretary of State may prescribe—

(a)

information that must be included in the statement;

(b)

the form which the statement must take;

(c)

the manner in which the statement must be given.

(4)

The information prescribed may include that the worker has rights

conferred by this Part.

(5)

For the purposes of this section—

(a)

“worker” and “employer” have the same meaning as in the

1996 Act (see section 230 of that Act);

(b)

in a case where an employer gives a worker a statement under

section 1 of the 1996 Act in instalments (see section 2(4) of that

Act), that statement is to be treated as given when the first

instalment is given;

(c)

“the 1996 Act” means the Employment Rights Act 1996.

(6)

Regulations prescribing anything for the purposes of this section (see

section 293(1)) may make different provision for different purposes.

(7)

See section 38 of the Employment Act 2002 for the effect of failing to

give a statement in accordance with this section.”

(3)

In section 284 (exceptions for share fishermen)—

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(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—

“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”.

(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

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,”.

Right of trade unions to access workplaces

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—

Chapter 5ZA

Right of trade unions to access workplaces

Access agreements: general

70ZA

Access agreements

(1)

This section applies for the purposes of this Chapter.

(2)

An “access agreement” is an agreement between a qualifying trade

union and an employer that—

(a)

provides for one or more officials of the union to physically

enter a workplace or communicate with workers (or both) for

any of the access purposes, and

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(b)

is entered into under section 70ZD or is treated as having been

entered into under section 70ZE .

(3)

A “qualifying trade union” is a trade union that has a certificate of

independence.

(4)

“Access” means—

(a)

physical entry into a workplace;

(b)

communication with workers.

(5)

A reference to communication with workers is a reference to

communication with workers (including the provision of information

to workers) by any means, whether directly or indirectly.

(6)

The “access purposes” are—

(a)

to meet, support, represent, recruit or organise workers

(whether or not they are members of a trade union);

(b)

to facilitate collective bargaining.

(7)

But the access purposes do not include organising industrial action.

(8)

Sections 70ZB to 70ZF contain provision about entering into access

agreements.

(9)

Section 70ZG contains provision about the variation or revocation of

access agreements.

(10)

Sections 70ZH to 70ZK contain provision about the enforcement of

access agreements.

(11)

Section 70ZL contains general limitations on the provision that may

be made under this Chapter, including in access agreements.

Entering into access agreements

70ZB

Access requests and response notices

(1)

A qualifying trade union may give an employer a request for access

by one or more officials of the union for any of the access purposes.

(2)

A request under subsection (1) —

(a)

may request access on one or more occasions;

(b)

may include the terms on which access is requested (including

as to what (if any) assistance the employer is requested to

provide in relation to the access).

(3)

A request under subsection (1) must—

(a)

be in the prescribed form;

(b)

include the prescribed information;

(c)

be given in the prescribed manner.

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(4)

An employer that has been given a request under subsection (1) may

give the union a notice agreeing with the request or disagreeing with

the request (in whole or in part).

(5)

A notice under subsection (4) must—

(a)

be in the prescribed form;

(b)

include the prescribed information;

(c)

be given in the prescribed manner.

(6)

In this Chapter—

“access request” means a request under subsection (1) given in

accordance with subsection (3) ;

“response notice” means a notice under subsection (4) given in

accordance with subsection (5) .

70ZC

Response period and negotiation period

In sections 70ZD and 70ZE —

(a)

“the response period” means a prescribed period beginning

with the day on which an access request is given;

(b)

“the negotiation period” means a prescribed period beginning

with the day on which a response notice is given.

70ZD

Entering into access agreement by negotiation

(1)

An access agreement is entered into under this section if—

(a)

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

(b)

the employer gives the union a response notice before the end

of the response period,

(c)

before the end of the negotiation period, the union and the

employer agree in writing terms on which officials of the union

are to have access, and

(d)

the union and the employer jointly notify the Central

Arbitration Committee of those terms in the prescribed form

and manner.

(2)

See section 70ZE for the case where an access agreement is treated as

being entered into by virtue of a determination of the Central

Arbitration Committee.

70ZE

Determinations by the Central Arbitration Committee

(1)

This section applies if a qualifying trade union has given an access

request to an employer and either—

(a)

the employer has not given a response notice to the union

before the end of the response period, or

(b)

the employer has given a response notice before the end of the

response period and the negotiation period has ended without

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the union and the employer agreeing in writing terms on which

officials of the union are to have access.

(2)

The Central Arbitration Committee may, on an application under this

section, make a determination that officials of the union are or are not

to have access.

(3)

If the Central Arbitration Committee makes a determination that

officials of the union are to have access—

(a)

the determination must specify the terms on which officials of

the union are to have access (including as to what (if any)

assistance the employer must provide in relation to the access),

and

(b)

an access agreement containing those terms (and no others) is

treated as having been entered into between the union and the

employer.

(4)

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

(a)

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

(b)

by the union or the employer, in the case referred to in

subsection (1) (b) .

(5)

An application for a determination under this section—

(a)

must be in writing and in such form as the Central Arbitration

Committee may require;

(b)

may not be made after the end of a prescribed period beginning

with the day on which the access request is given.

(6)

In considering an application for a determination under this section,

the Central Arbitration Committee—

(a)

may make such enquiries as it sees fit;

(b)

may make reasonable requests to provide information or

documents relevant to the application;

(c)

so far as reasonably practicable, must give any person who it

considers has a proper interest in the application an opportunity

to be heard.

(7)

A determination under this section must—

(a)

be in writing, and

(b)

state the reasons for the determination.

(8)

Section 70ZF makes further provision about determinations under this

section.

70ZF

Determinations by the Central Arbitration Committee: further

provision

(1)

Subject to regulations under this section, a determination by the Central

Arbitration Committee under section 70ZE must be consistent with

the access principles.

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(2)

The access principles are—

(a)

officials of a qualifying trade union should be able to physically

enter a workplace or communicate with workers (or both) for

any of the access purposes in any manner that does not

unreasonably interfere with the employer’s business;

(b)

an employer should take reasonable steps to facilitate access

by officials of a qualifying trade union;

(c)

physical entry into a workplace should not be refused solely

on the basis that communication with workers by means not

involving physical entry into a workplace is permitted;

(d)

communication with workers by means not involving physical

entry into a workplace should not be refused solely on the

basis that physical entry into a workplace is permitted;

(e)

access should be refused entirely only where it is reasonable

in all the circumstances to do so.

(3)

The Secretary of State may prescribe terms of an access agreement

that the Central Arbitration Committee must consider to be terms

that—

(a)

would not unreasonably interfere with an employer’s business;

(b)

would constitute reasonable steps that an employer should

take to facilitate access;

(c)

it would be reasonable for a union to comply with.

(4)

The Secretary of State may prescribe—

(a)

circumstances in which it is to be regarded as reasonable for

the Central Arbitration Committee to make a determination

that officials of a union that has given an access request to an

employer are not to have access;

(b)

circumstances in which the Central Arbitration Committee must

make such a determination.

(5)

The circumstances referred to in subsection (4) may be prescribed by

reference to (among other matters)—

(a)

the description of business carried on by the employer;

(b)

the number of workers employed by the employer;

(c)

the number of workers employed by the employer, or of a

particular description, that are members of the union;

(d)

a description of workplace;

(e)

a description of workers;

(f)

the ability of the employer to facilitate access;

(g)

avoiding prejudice to the prevention or detection of offences;

(h)

national security.

(6)

The Secretary of State may prescribe matters to which the Central

Arbitration Committee must have regard in considering an application

for a determination under section 70ZE.

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Variation and revocation of access agreements

70ZG

Variation and revocation of access agreements

(1)

The parties to an access agreement may at any time vary or revoke

the agreement.

(2)

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

(3)

An access agreement that is varied under this section continues to

have effect as an access agreement for the purposes of this Chapter.

(4)

The effect of an access agreement being revoked is that it ceases to be

an access agreement for the purposes of this Chapter.

(5)

A variation or revocation of an access agreement takes effect—

(a)

only if the parties jointly notify the Central Arbitration

Committee of the variation or revocation in the prescribed form

and manner;

(b)

only in respect of times after the day on which the Central

Arbitration Committee is so notified.

Enforcement of access agreements

70ZH

Enforcement of access agreements: initial complaint

(1)

A party to an access agreement may make a complaint to the Central

Arbitration Committee on the ground that—

(a)

the other party has breached the agreement;

(b)

a person that is not a party to the agreement has taken or is

taking steps to prevent access, or has prevented access, from

taking place in accordance with the agreement.

(2)

A complaint under subsection (1) must be made before the end of the

period of three months beginning with the day on which the matter

complained of is alleged to have occurred.

(3)

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

may—

(a)

vary the agreement;

(b)

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

(c)

if it makes a declaration that the complaint is well-founded,

make an order requiring a person to take any steps specified

in the order for the purposes of ensuring that access takes place

in accordance with the agreement.

(4)

An access agreement that is varied under subsection (3) (a) continues

to have effect as an access agreement for the purposes of this Chapter.

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(5)

An order under subsection (3) (c) may, where it appears to the Central

Arbitration Committee necessary or appropriate to do so, make

provision different from that made in the agreement.

(6)

A declaration or order made by the Central Arbitration Committee

under this section must—

(a)

be in writing, and

(b)

state the reasons for the declaration or order.

(7)

For the purposes of this section, a reference to a person taking steps

includes a reference to a person not doing something.

70ZI

Enforcement of access agreements: subsequent complaint

(1)

This section applies where the Central Arbitration Committee has

made a declaration under section 70ZH (3) that a complaint about a

person is well-founded.

(2)

A party to an access agreement may make a complaint to the Central

Arbitration Committee on any of the following grounds—

(a)

that the person has, before the end of the relevant period,

carried out the conduct complained of under section 70ZH

again;

(b)

where the complaint under section 70ZH was that the person

breached the agreement, that the person has, before the end

of the relevant period, breached the agreement again (whether

or not in the way complained of under section 70ZH );

(c)

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

(3)

In subsection (2) , “the relevant period” means the period of 12 months

beginning with the date of the declaration.

(4)

A complaint under subsection (2) must be made before the end of the

period of three months beginning with the day on which the alleged

conduct occurs.

(5)

On a complaint about a person under subsection (2) , the Central

Arbitration Committee may—

(a)

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

(b)

if it makes a declaration that the complaint is well-founded,

make an order requiring the person to pay an amount to the

Central Arbitration Committee.

(6)

An amount payable under subsection (5) (b) may be any amount that

the Central Arbitration Committee considers appropriate, subject to

regulations under section 70ZJ .

(7)

A declaration or order made by the Central Arbitration Committee

under this section must—

(a)

be in writing, and

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(b)

state the reasons for the declaration or order.

(8)

A declaration or order made by the Central Arbitration Committee

under subsection (5) may be relied on (and enforced by the Central

Arbitration Committee or a party to the access agreement) as if it were

a declaration or order made by the court.

(9)

The Central Arbitration Committee must pay into the Consolidated

Fund any amounts received under subsection (5) (b) .

(10)

For the purposes of this section, a reference to conduct includes a

reference to a person not doing something.

70ZJ

Power to make provision about amounts payable under section 70ZI

(1)

The Secretary of State may prescribe that an amount payable under

section 70ZI (5) (b) —

(a)

must be at least a prescribed amount;

(b)

may not exceed a prescribed amount.

(2)

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

(a)

as a fixed amount;

(b)

by reference to one or more prescribed factors;

(c)

as the highest or lowest of two or more prescribed amounts,

whether prescribed as fixed amounts or by reference to one or

more prescribed factors.

(3)

The factors that may be prescribed under subsection (2)(b) or (c)

include (among others)—

(a)

the nature of the complaint under section 70ZI (2) against the

person required to pay the amount (the “liable party”);

(b)

whether the liable party has previously been subject to a

complaint under section 70ZH (1) or 70ZI (2) , or a prescribed

number of such complaints, declared by the Central Arbitration

Committee to be well-founded;

(c)

whether the liable party is of a prescribed description;

(d)

in the case of a liable party that is an undertaking, the turnover

of the liable party in a prescribed period, including (in

particular) worldwide, European or United Kingdom turnover;

(e)

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

(i)

the number of workers employed by the liable party,

(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.

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(4)

The Secretary of State may prescribe matters to which the Central

Arbitration Committee must have regard in considering what amount

is payable under section 70ZI (5) (b) .

70ZK

Enforcement of access agreements: supplementary provision

(1)

An access agreement—

(a)

is enforceable only by means of a complaint under section

70ZH or 70ZI , and not by any other means;

(b)

in particular, is to be conclusively presumed not to have been

intended by the parties to be a legally enforceable contract.

(2)

Accordingly, where an access agreement is, or is part of, a collective

agreement, section 179(2) and (3)(a) do not apply to the access

agreement.

(3)

A complaint under section 70ZH or 70ZI must be in writing and in

such form as the Central Arbitration Committee may require.

(4)

In its consideration of a complaint under section 70ZH or 70ZI , the

Central Arbitration Committee—

(a)

may make such enquiries as it sees fit;

(b)

may make reasonable requests to provide information or

documents relevant to the complaint;

(c)

so far as reasonably practicable, must give any person who it

considers has a proper interest in the complaint an opportunity

to be heard.

(5)

The Central Arbitration Committee may draw an adverse inference

from a person’s failure to comply with any reasonable request to

provide information or documents relevant to a complaint under

section 70ZH or 70ZI .

General limitations on access agreements etc

70ZL

General limitations on access agreements etc

(1)

Nothing in this Chapter requires or authorises any of the following

(each, a “prohibited activity”)—

(a)

physical entry by any person into a dwelling;

(b)

a disclosure of personal data without the consent of the data

subject;

(c)

a disclosure of information that would contravene the data

protection legislation (but, in determining whether a disclosure

would do so, the provisions of this Chapter are to be taken

into account).

(2)

Accordingly—

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(a)

a term of an access agreement entered into under section 70ZD

that requires or authorises a prohibited activity is of no effect

for the purposes of this Chapter;

(b)

the Central Arbitration Committee may not specify as a term

of an access agreement under section 70ZE any term that would

require or authorise a prohibited activity;

(c)

the Central Arbitration Committee may not exercise any

function under sections 70ZH to 70ZK so as to require or

authorise a prohibited activity.

(3)

In this section—

(a)

“consent” has the same meaning as in the UK GDPR (see Article

4(11) of the UK GDPR);

(b)

“personal data”, “data subject”, “the data protection legislation”

and “the UK GDPR” have the same meaning as in the Data

Protection Act 2018 (see section 3 of that Act).

Appeals to the Employment Appeal Tribunal

70ZM

Appeals to the Employment Appeal Tribunal

(1)

An appeal lies to the Employment Appeal Tribunal on any question

of law arising from any determination, declaration or order of, or

arising in any proceedings before, the Central Arbitration Committee

under this Chapter.

(2)

Where the Central Arbitration Committee makes an order under section

70ZI (5) (b) for a person to pay an amount to the Central Arbitration

Committee, the person may appeal against the order.

(3)

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

may—

(a)

quash the order;

(b)

make an order requiring the person to pay a reduced amount

to the Central Arbitration Committee;

(c)

dismiss the appeal.

(4)

The Central Arbitration Committee must pay into the Consolidated

Fund any amounts received under subsection (3) (b) .

Regulations

70ZN

Regulations under this Chapter

Regulations prescribing anything for the purposes of this Chapter (see

section 293(1)) may make different provision for different purposes.”

(3)

In section 263 (proceedings of the Central Arbitration Committee)—

(a)

in subsection (4), omit “or, in Scotland, an oversman”;

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(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.”;

(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

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

of—

(a)

one member of the Committee, or

(b)

a panel of three members of the Committee,

as the chairman of the Committee may direct.

(2)

In deciding what direction to make under subsection (1) , the chairman

of the Committee must have regard to the complexity of the case, with

a view to directing that the Committee is to consist of one member

only in cases which the chairman considers are less complex.

(3)

For those purposes, the chairman must in particular—

(a)

consider whether any terms proposed as terms on which

officials of a qualifying trade union are to have access are

prescribed under section 70ZF (3) , and

(b)

consider whether, if any of those terms are so prescribed, that

fact reduces the complexity of the case, having regard to any

other terms so proposed.

(4)

In subsection (3) , “qualifying trade union” and “access” have the same

meaning as in Chapter 5ZA of Part 1 (see section 70ZA ).

(5)

The chairman of the Committee may amend a direction under

subsection (1) at any time.

(6)

If a direction under subsection (1) is amended—

(a)

the amendment does not affect anything done by the Committee

before the amendment;

(b)

anything done by the Committee before the amendment is to

be treated as having been done by the Committee as it is

constituted after the amendment.

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(7)

If the Committee consists of one member of the Committee—

(a)

the member is to be appointed by the chairman of the

Committee;

(b)

the member is not required to be the chairman or a deputy

chairman of the Committee;

(c)

the member may at the member’s discretion sit in private where

it appears expedient to do so.

(8)

If the Committee consists of a panel of three members of the

Committee—

(a)

the panel is to be appointed by the chairman of the Committee;

(b)

the panel is to consist of the following members—

(i)

the chairman or a deputy chairman of the Committee;

(ii)

a member of the Committee whose experience is as a

representative of employers;

(iii)

a member of the Committee whose experience is as a

representative of workers;

(c)

the panel is to be chaired by the chairman or the deputy

chairman of the Committee;

(d)

the panel may at the discretion of its chairman sit in private

where it appears expedient to do so.

(9)

If—

(a)

a panel cannot reach a unanimous decision on a question

arising before it, and

(b)

a majority of the panel have the same opinion,

the question is to be decided according to that opinion.

(10)

If—

(a)

a panel cannot reach a unanimous decision on a question

arising before it, and

(b)

a majority of the panel do not have the same opinion,

the chairman of the panel may decide the question acting with the

full powers of an umpire.

(11)

Subject to the provisions of this section, the Committee may determine

its own procedure.”

(5)

In section 263A (proceedings of the Central Arbitration Committee under

Schedule A1)—

(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”;

(d)

omit subsection (8).

(6)

In section 264 (awards of the Central Arbitration Committee)—

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(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—

“(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

Trade union recognition

Schedule 6 amends Schedule A1 to the Trade Union and Labour Relations

(Consolidation) Act 1992 (collective bargaining: recognition).

Trade union finances

Political funds: requirement to pass political resolution

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”.

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”.

(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

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.

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(4)

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

(a)

in a case where—

(i)

a political resolution is passed on a ballot held at a time

when no such resolution is in force, and

(ii)

the opt-out notice is given before the end of the period

of four weeks beginning with the day on which an

opt-out information notice is given to the member under

section 84A,

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

(b)

in any other case, 1 January in the year following the year in

which the opt-out notice is given.

(5)

A member of a trade union withdraws an opt-out notice by giving

the union notice of the withdrawal (a “withdrawal notice”).

(6)

A member of a trade union may give an opt-out notice or a withdrawal

notice—

(a)

by delivering it (either personally or by an authorised agent

or by post) at the head office or a branch office of the union;

(b)

by sending it by email to an address that the union has told

its members can be used for sending such notices;

(c)

by completing an electronic form provided by the union which

sets out the notice, and sending it to the union by electronic

means in accordance with instructions given by the union;

(d)

by such other electronic means as may be prescribed.

84A

Opt-out information notices

(1)

A trade union must give an opt-out information notice to each member

of the union—

(a)

within the period of eight weeks beginning with the day after

the day on which a political resolution is passed by the

members of the union under section 73, and

(b)

within the period of eight weeks beginning with the end of—

(i)

the period of ten years beginning with the day on which

a political resolution is passed, and

(ii)

each successive period of ten years,

unless during that period of ten years the political resolution

is rescinded or otherwise ceases to have effect.

(2)

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

(a)

each member of the union has the right not to be a contributor

to the political fund of the union, and

(b)

a member may exercise that right by giving an opt-out notice

under section 84.

(3)

An opt-out information notice must be given in accordance with rules

of the union approved for the purpose by the Certification Officer.

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(4)

In deciding whether to approve those rules, the Certification Officer

must have regard in each case to the existing practice and character

of the union.

(5)

As soon as is reasonably practicable after the end of any period of

eight weeks within which an opt-out information notice must be given,

a trade union must send to the Certification Officer a copy of—

(a)

the opt-out information notice, or

(b)

if there is more than one form of opt-out information notice,

each form of notice.

(6)

A member of a trade union who claims that the union has failed to

comply with this section may complain to the Certification Officer.

(7)

Where the Certification Officer is satisfied on a complaint under

subsection (6) that a trade union has failed to comply with this section,

the Officer may make such order for remedying the failure as the

Officer thinks just under the circumstances.

(8)

Before deciding the matter the Certification Officer—

(a)

may make such enquiries as the Officer thinks fit;

(b)

must give the union and the member making the complaint

an opportunity to make written representations;

(c)

may give the union and the member making the complaint an

opportunity to make oral representations.

(9)

An order made by the Certification Officer under this section may be

enforced by the Certification Officer in the same way as an order of

the court.”

(4)

In section 86 (employer not to deduct contributions where member gives

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,”.

(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

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.”

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(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);

(b)

in Schedule 4—

(i)

in paragraph 7, omit sub-paragraph (3);

(ii)

omit paragraph 9.

Deduction of trade union subscriptions from wages in public sector

(1)

In the Trade Union and Labour Relations (Consolidation) Act 1992—

(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

of the Trade Union Act 2016.

Facilities provided to trade union representatives and members

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) .

(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

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—

“(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.

(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.”

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(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

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—

“(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.

(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”.

(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),

in subsection (7), for “and (4)” substitute “, (4) and (5)”.

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—

“168B

Time off for union equality representatives

(1)

An employer must permit an employee who is—

(a)

a member of an independent trade union recognised by the

employer, and

(b)

an equality representative of the trade union,

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

following purposes.

(2)

The purposes are—

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(a)

carrying out activities for the purpose of promoting the value

of equality in the workplace;

(b)

arranging learning or training on matters relating to equality

in the workplace;

(c)

providing information, advice or support to qualifying members

of the trade union in relation to matters relating to equality in

the workplace;

(d)

consulting with the employer on matters relating to equality

in the workplace;

(e)

obtaining and analysing information relating to equality in the

workplace;

(f)

preparing for any of the things mentioned in paragraphs (a)

to (e) .

(3)

Subsection (1) applies only if—

(a)

the trade union has given the employer notice in writing that

the employee is an equality representative of the union, and

(b)

the training condition is met in relation to the employee.

(4)

The training condition is met if—

(a)

the employee has undergone sufficient training to enable the

employee to carry on activities mentioned in subsection (2)

, and the trade union has given the employer notice in writing

of that fact,

(b)

the trade union has in the last six months given the employer

notice in writing that the employee will be undergoing such

training, or

(c)

within six months of the trade union giving the employer notice

in writing that the employee will be undergoing such training,

the employee has done so, and the trade union has given the

employer notice of that fact.

(5)

Only one notice under subsection (4) (b) may be given in respect of

any one employee.

(6)

References in subsection (4) to sufficient training to carry out activities

mentioned in subsection (2) are to training that is sufficient for those

purposes having regard to any relevant provision of a Code of Practice

issued by ACAS or the Secretary of State.

(7)

If an employer is required to permit an employee to take time off

under subsection (1) , the employer must also permit the employee to

take time off during the employee’s working hours for the following

purposes—

(a)

undergoing training which is relevant to the employee’s

functions as an equality representative, and

(b)

where the trade union has in the last six months given the

employer notice under subsection (4) (b) in relation to the

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employee, undergoing such training as is mentioned in

subsection (4) (a) .

(8)

The amount of time off which an employee is to be permitted to take

under this section and the purposes for which, the occasions on which

and any conditions subject to which time off may be so taken are those

that are reasonable in all the circumstances, having regard to any

relevant provision of a Code of Practice issued by ACAS or the

Secretary of State.

(9)

An employer that permits an employee to take time off as required

by this section must, where requested by the employee, provide the

employee with such accommodation and other facilities in relation to

the purposes for which the employee takes time off as is reasonable

in all the circumstances, having regard to any relevant provisions of

a Code of Practice issued by ACAS.

(10)

An employee may present a complaint to an employment tribunal

that the employer has failed—

(a)

to permit the employee to take time off, or

(b)

to provide the employee with facilities,

as required by this section.

(11)

On a complaint under subsection (10) (a) , it is for the employer to show

that the amount of time off which the employee proposed to take was

not a reasonable amount of time off.

(12)

For the purposes of this section—

(a)

a person is an equality representative of a trade union if the

person is appointed or elected as such in accordance with its

rules;

(b)

“equality”, in relation to a workplace, means—

(i)

the elimination of discrimination, harassment and

victimisation, each of which is to be read in accordance

with the Equality Act 2010, and of any other conduct

that is prohibited by or under that Act;

(ii)

the advancement of equality of opportunity between

persons who share a relevant protected characteristic

and persons who do not share it;

(iii)

the fostering of good relations between persons who

share a relevant protected characteristic and persons

who do not share it;

(c)

“relevant protected characteristic” means age, disability, gender

reassignment, pregnancy and maternity, race, religion or belief,

sex or sexual orientation, each of which is to be read in

accordance with the Equality Act 2010;

(d)

a reference to qualifying members of the trade union is a

reference to members of the trade union—

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(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.”

(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

representative”;

(b)

in subsection (2B), after “learning representative” insert “or an equality

representative”;

(c)

in subsection (2C)—

(i)

after “applies” insert “—

“(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

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

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

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 “,

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”.

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(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—

“(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

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”.

(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,”.

Facility time: publication requirements and reserve powers

(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.

Blacklists

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”.

(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

recruitment or in relation to the treatment of workers;

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(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

to do something to be treated as doing that thing;”;

(b)

in paragraph (e), after “subsection (1)” insert “or (2A)”.

Industrial action: ballots

Industrial action ballots: turnout threshold

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended

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).

(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.”;

(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—

(i)

omit section 2;

(ii)

in Schedule 4, omit paragraphs 12 and 17;

(b)

in section 66 of this Act, omit subsection (3)(a).

Industrial action ballots: support thresholds

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended

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).

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(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.

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

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.”;

(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”;

(d)

in subsection (2D), for “figures” substitute “the number”.

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).

(2)

In consequence of the amendment made by subsection (1), omit section 5 of

the Trade Union Act 2016.

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

subsection (1), for the words from “period” to the end substitute “period of

12 months beginning with the date of the ballot”.

Electronic balloting

(1)

In the Trade Union Act 2016, omit section 4 (provision for electronic balloting

for industrial action: review and piloting scheme).

(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).

Notice to employers of industrial action

Notice to employers of industrial action

(1)

In section 234A of the Trade Union and Labour Relations (Consolidation) Act

1992 (notice to employers of industrial action)—

(a)

in subsection (3B), omit paragraph (b) (but not the “and” after it);

(b)

in subsection (3C)(b), omit the words from “and the number” to

“categories”;

(c)

in subsection (4), for paragraph (b) and the words after paragraph (b)

substitute—

“(b)

ending with the tenth day before the day, or before the

first of the days, specified in the relevant notice.”

(2)

In consequence of the amendment made by subsection (1)(c), omit section 8

of the Trade Union Act 2016.

Industrial action: picketing

Union supervision of picketing

(1)

In the Trade Union and Labour Relations (Consolidation) Act 1992—

(a)

in section 219 (protection from certain tort liabilities), in subsection

(3), for the words from “unless” to the end substitute “unless it is done

in the course of attendance declared lawful by section 220 (peaceful

picketing)”;

(b)

omit section 220A (union supervision of picketing).

(2)

In consequence of the amendments made by subsection (1) , omit section 10

of the Trade Union Act 2016.

Protection for taking industrial action

Protection against detriment for taking industrial action

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended

in accordance with subsections (2) and (3) .

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(2)

In Part 5 (industrial action), after section 236 insert—

“Protection against detriment

236A

Detriment on grounds of industrial action

(1)

A worker has the right not to be subjected as an individual to

detriment of a prescribed description by any act, or any deliberate

failure to act, by the worker’s employer, if the act or failure takes place

for the sole or main purpose of preventing or deterring the worker

from taking protected industrial action, or penalising the worker for

doing so.

(2)

For that purpose, a worker takes protected industrial action if the

worker commits an act which, or a series of acts each of which, the

worker is induced to commit by an act which by virtue of section 219

is not actionable in tort.

(3)

But no account may be taken of the repudiation of any act by a trade

union as mentioned in section 21 in relation to anything which occurs

before the end of the next working day after the day on which the

repudiation takes place.

(4)

Regulations under subsection (1) may prescribe detriment of any

description (instead of detriment of a specific description).

(5)

Subsection (1) does not apply where the worker is an employee and

the detriment in question amounts to dismissal (but see sections 237

to 239).

(6)

A worker or former worker may present a complaint to an employment

tribunal on the ground that the worker or former worker has been

subjected to a detriment by an employer in contravention of this

section.

(7)

A worker or former worker has no other remedy for infringement of

the right conferred by this section.

(8)

In this section and sections 236B to 236D —

“employer” means—

(a)

in relation to a worker, the person for whom the worker

works;

(b)

in relation to a former worker, the person for whom

the former worker worked;

“worker” means an individual who works, or normally works,

as mentioned in paragraphs (a) to (c) of section 296(1);

“working day” means any day which is not a Saturday or Sunday,

Christmas Day, Good Friday or a bank holiday under the

Banking and Financial Dealings Act 1971.

Page 99

236B

Time limit for proceedings

(1)

An employment tribunal may not consider a complaint under section

236A unless it is presented—

(a)

before the end of the period of six months beginning with the

date of the act or failure to which the complaint relates or,

where that act or failure is part of a series of similar acts or

failures (or both), the last of them, or

(b)

where the tribunal is satisfied that it was not reasonably

practicable for the complaint to be presented before the end of

that period, within such further period as it considers

reasonable.

(2)

For the purposes of subsection (1) —

(a)

where an act extends over a period, the reference to the date

of the act is a reference to the last day of that period;

(b)

a failure to act is to be treated as done when it was decided

on.

(3)

For the purposes of subsection (2) , in the absence of evidence

establishing the contrary, an employer is to be taken to decide on a

failure to act—

(a)

when the employer does an act inconsistent with doing the

failed act, or

(b)

if the employer has done no such inconsistent act, when the

period expires within which the employer might reasonably

have been expected to do the failed act if it was to be done.

(4)

Section 292A (extension of time limits to facilitate conciliation before

institution of proceedings) applies for the purposes of subsection (1) (a) .

236C

Consideration of complaint

On a complaint under section 236A it is for the employer to show

what was the sole or main purpose for which the employer acted or

failed to act.

236D

Remedies

(1)

Where the employment tribunal finds that a complaint under section

236A is well-founded, the tribunal—

(a)

must make a declaration to that effect, and

(b)

may make an award of compensation to be paid by the

employer to the complainant in respect of the act or failure

complained of.

(2)

The amount of the compensation awarded is to be an amount which

the tribunal considers just and equitable in all the circumstances having

Page 100

regard to the infringement complained of and to any loss sustained

by the complainant which is attributable to the act or failure.

(3)

The loss is to be taken to include—

(a)

any expenses reasonably incurred by the complainant in

consequence of the act or failure, and

(b)

loss of any benefit which the complainant might reasonably

be expected to have had but for the act or failure.

(4)

In ascertaining the loss, the tribunal must apply the same rule

concerning the duty of a person to mitigate loss as applies to damages

recoverable under the common law of England and Wales or Scotland.

(5)

Where the tribunal finds that the act or failure complained of was to

any extent caused or contributed to by action of the complainant, it

must reduce the amount of the compensation by such proportion as

it considers just and equitable having regard to that finding.”

(3)

In section 296 (meaning of “worker”), in subsection (3), for “and 151(1B)”

substitute “, 151(1B) and 236A (8) ”.

(4)

In section 18 of the Employment Tribunals Act 1996 (conciliation: relevant

proceedings), in subsection (1)(a), for “or 192” substitute “, 192 or 236A”.

(5)

In section 104 of the Employment Rights Act 1996 (unfair dismissal for

assertion of statutory rights), in subsection (4)(c), for “and 170” substitute “,

170 and 236A”.

Protection against dismissal for taking industrial action

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended

in accordance with subsections (2) to (4) .

(2)

In section 229 (industrial action ballots: voting paper), in subsection (4), omit

the words from “if it takes place fewer than” to the end.

(3)

In section 238A (protection for employees taking part in official industrial

action)—

(a)

in subsection (2), omit paragraph (b) (and the “and” before it);

(b)

omit subsections (3) to (7D);

(c)

omit subsection (9).

(4)

Omit section 238B (conciliation and mediation: supplementary provisions).

(5)

In consequence of the amendments made by subsections (2) to (4) , in the

Employment Relations Act 2004—

(a)

omit section 26 (dismissal where employees locked out);

(b)

omit section 27 (date of dismissal);

(c)

omit section 28 (dismissal after end of protected period);

(d)

in Schedule 1 (minor and consequential amendments), omit paragraph

13.

Page 101

Strikes: minimum service levels

Repeal of provision about minimum service levels

(1)

In the Trade Union and Labour Relations (Consolidation) Act 1992, omit

sections 234B to 234G (minimum service levels for certain services).

(2)

Accordingly, in that Act—

(a)

in section 219 (protection from tort liabilities), in subsection (4), for

the words from “to”, in the first place it occurs, to “steps);” substitute

“to—

“(a)

sections 222 to 225 (action excluded from protection),

(b)

section 226 (requirement of ballot before action by trade

union), and

(c)

section 234A (requirement of notice to employer of

industrial action);”;

(b)

in section 234A (notice to employers of industrial action), in subsection

(3)—

(i)

at the end of paragraph (a), insert “and”;

(ii)

omit paragraph (ba) and the “and” before it;

(c)

omit the italic heading before section 234B;

(d)

for the italic heading before section 235 substitute “ Sections 226 to 234A:

meaning of “contract of employment ” ”;

(e)

in section 235 (construction of references to contract of employment)—

(i)

in the heading, at the end insert “in sections 226 to 234A”;

(ii)

for “to 234G” substitute “to 234A”;

(f)

in section 238A (unfair dismissal: participation in official industrial

action)—

(i)

in subsection (2), insert “and” at the end of paragraph (a) and

omit paragraph (aa) (and the “and” after it);

(ii)

for subsection (9) substitute—

“(9)

In this section “date of dismissal” has the meaning given

by section 238(5).”;

(g)

in section 246 (minor definitions), for “where section 229(2A) applies

(see that section and 234G(2))” substitute “for the purposes of section

229(2) (see section 229(2A))”;

(h)

in section 299 (index of defined expressions)—

(i)

in the entry for “contract of employment”, for “234G” substitute

“234A”;

(ii)

in the entry for “not protected”, for “, 234A and 234E” substitute

“and 234A”;

(iii)

omit the entries for “minimum service regulations (in Part 5)”,

“relevant service (in Part 5)” and “work notice” (in Part 5)”.

(3)

The Strikes (Minimum Service Levels) Act 2023 is repealed.

Page 102

Certification Officer

Annual returns: removal of provision about industrial action

(1)

In the Trade Union and Labour Relations (Consolidation) Act 1992, omit

section 32ZA (details of industrial action etc to be included in annual return).

(2)

In consequence of the amendment made by subsection (1) , omit section 7 of

the Trade Union Act 2016.

Annual returns: removal of provision about political expenditure

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended

in accordance with subsections (2) to (6) .

(2)

Omit section 32ZB (details of political expenditure to be included in annual

return).

(3)

In section 32ZC (enforcement)—

(a)

in the heading, for “sections 32ZA and 32ZB” substitute “section 32ZA”;

(b)

in subsection (1), omit “or 32ZB”.

(4)

In section 45 (rights of union members: offences), in subsection (1), for

“sections 32ZA and 32ZB” substitute “section 32ZA”.

(5)

In section 131 (administrative provisions applying to employers’ associations),

in subsection (1), omit “, section 32ZB”.

(6)

In section 135 (federated employers’ associations), in subsection (3), omit “,

section 32ZB”.

(7)

In consequence of the amendments made by subsections (2) to (6) , omit section

12 of the Trade Union Act 2016.

Removal of powers to enforce requirements relating to annual returns

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended

in accordance with subsections (2) to (5) .

(2)

Omit section 32ZC (enforcement of sections 32ZA and 32ZB).

(3)

In section 45 (rights of union members: offences), in subsection (1), for the

words from “section 32” to “sections 32A” substitute “sections 32”.

(4)

In section 45D (appeals from Certification Officer on question arising in

proceedings etc under Chapters 1, 2 and 3 of Part 1), omit “, 32ZC”.

(5)

In section 256 (procedure before the Certification Officer), in subsection (1)(c),

omit “, 32ZC”.

(6)

In consequence of the amendments made by subsections (2) to (5) —

(a)

omit section 18 of the Trade Union Act 2016;

(b)

in section 77 of this Act, omit subsections (3) and (4).

Page 103

Removal of investigatory powers

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended

in accordance with subsections (2) to (6) .

(2)

In section 25 (duties with respect to register of members’ names and addresses:

remedies), omit subsection (6A).

(3)

In section 45D (appeals from Certification Officer on question arising in

proceedings etc under Chapters 1, 2 and 3 of Part 1), omit “or paragraph 5

of Schedule A3”.

(4)

In section 256 (procedure before the Certification Officer), in subsection (1)(c),

omit “or under paragraph 5 of Schedule A3”.

(5)

Omit section 256C (investigatory powers).

(6)

Omit Schedule A3 (Certification Officer: investigatory powers).

(7)

In consequence of the amendments made by subsections (2) to (6) —

(a)

in section 43 of the Transparency of Lobbying, Non-Party Campaigning

and Trade Union Administration Act 2014, omit subsection (4);

(b)

in the Trade Union Act 2016—

(i)

in section 17, omit subsections (1) and (2);

(ii)

omit Schedule 1;

(iii)

in Schedule 4, omit paragraphs 2 and 3(b).

Powers to be exercised only on application

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended

in accordance with subsections (2) to (9) .

(2)

In section 45C (duty to secure union positions not held by certain offenders:

remedies and enforcement)—

(a)

in subsection (1), omit the words from “; but the Certification Officer”

to the end;

(b)

in subsection (2A)—

(i)

in paragraph (b), omit “(if any)”;

(ii)

in paragraph (c), omit “(if any)”.

(3)

In section 54 (elections for union positions: remedies), in subsection (1), omit

the words after paragraph (b).

(4)

In section 55 (elections for union positions: powers of Certification Officer)—

(a)

in the heading, for “Powers of” substitute “Application to”;

(b)

in subsection (1)—

(i)

omit “, either”;

(ii)

omit paragraph (b) and the “or” before it;

(c)

in subsection (2)—

(i)

in paragraph (b), omit “(if any)”;

Page 104

(ii)

in paragraph (c), omit “(if any)”.

(5)

In section 72A (application of funds in breach of section 71: remedies)—

(a)

in subsection (1), omit the words from “; but the Certification Officer”

to the end;

(b)

in subsection (2A)—

(i)

in paragraph (b), omit “(if any)”;

(ii)

in paragraph (c), omit “(if any)”.

(6)

In section 79 (remedy for failure to comply with political ballot rules), in

subsection (1), omit the words from “; but the Certification Officer” to the

end.

(7)

In section 80 (remedy for failure to comply with political ballot rules: powers

of Certification Officer)—

(a)

in the heading, for “Powers of” substitute “Application to”;

(b)

in subsection (1)—

(i)

omit “either”;

(ii)

omit “or without any such application having been made”;

(c)

in subsection (2)—

(i)

in paragraph (b), omit “(if any)”;

(ii)

in paragraph (c), omit “(if any)”.

(8)

In section 82 (rules as to political fund)—

(a)

in subsection (2), omit the words from “; but the Officer” to the end;

(b)

in subsection (3)—

(i)

in paragraph (b), omit “(if any)”;

(ii)

in paragraph (c), omit “(if any)”.

(9)

In section 103 (passing of amalgamation or transfer resolution: powers of

Certification Officer)—

(a)

in the heading, for “Powers of” substitute “Complaint to”;

(b)

in subsection (1), omit the words from “; but the Officer” to the end;

(c)

in subsection (3A)—

(i)

in paragraph (b), omit “(if any)”;

(ii)

in paragraph (c), omit “(if any)”.

(10)

In consequence of the amendments made by subsections (2) to (9) , in the

Trade Union Act 2016—

(a)

in section 17(3), for the words from “to enable the Certification Officer”

to “the Officer” substitute “in relation to the powers of the Certification

Officer”;

(b)

in Schedule 2—

(i)

in the heading of the Schedule, omit “without application”;

(ii)

in paragraph 3, omit sub-paragraph (2);

(iii)

in paragraph 6, omit sub-paragraph (2).

Page 105

Removal of power to impose financial penalties

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended

in accordance with subsections (2) and (3) .

(2)

Omit section 256D (power to impose financial penalties).

(3)

Omit Schedule A4 (Certification Officer: power to impose financial penalties).

(4)

In consequence of the amendments made by subsections (2) and (3) , in the

Trade Union Act 2016—

(a)

in section 19, omit subsections (1) to (3);

(b)

omit Schedule 3.

Removal of power to impose levy

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended

in accordance with subsections (2) and (3) .

(2)

Omit section 257A (levy payable to Certification Officer).

(3)

In section 258 (Certification Officer: annual reports and account), omit

subsection (1A).

(4)

In consequence of the amendments made by subsections (2) and (3) , omit

section 20 of the Trade Union Act 2016.

Appeals to the Employment Appeal Tribunal

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended

as follows.

(2)

In section 45D (appeals from Certification Officer on question arising in

proceedings etc under Chapters 1, 2 and 3 of Part 1), after “question” insert

“of law”.

(3)

In section 56A (appeal from Certification Officer on question arising in

proceedings etc under section 55), after “question” insert “of law”.

(4)

In section 95 (appeal from Certification Officer on question arising in

proceedings etc under Chapter 6 of Part 1), after “question” insert “of law”.

(5)

In section 104 (appeal from Certification Officer on question arising in

proceedings etc under section 103), after “question” insert “of law”.

(6)

In section 108C (appeal from Certification Officer on question arising in

proceedings etc under Chapter 7A of Part 1), after “question” insert “of law”.

Page 106

General

Employment outside Great Britain

In section 285 of the Trade Union and Labour Relations (Consolidation) Act

1992 (employment outside Great Britain)—

(a)

in subsection (1), before “works” insert “ordinarily”;

(b)

in subsection (1A), before “works” insert “ordinarily”.

Regulations subject to affirmative resolution procedure

In section 293 of the Trade Union and Labour Relations (Consolidation) Act

1992 (regulations), for subsection (3) substitute—

“(3)

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

(4)

A statutory instrument containing regulations to which subsection (5)

applies (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.

(5)

This subsection applies to regulations prescribing anything for the

purposes of—

(a)

section 70ZC (access agreements: response period and

negotiation period);

(b)

section 70ZE (access agreements: period to make application

to Central Arbitration Committee);

(c)

section 70ZF (access agreements: determinations by Central

Arbitration Committee);

(d)

section 70ZJ (enforcement of access agreements: amounts

payable for breach);

(e)

section 236A (detriment for taking industrial action).

(6)

Any other statutory instrument containing regulations under this

section is subject to annulment in pursuance of a resolution of either

House of Parliament.”

Devolved Welsh authorities

In consequence of provision made by this Part—

(a)

in the Trade Union and Labour Relations (Consolidation) Act 1992—

(i)

omit section 297B (devolved Welsh authorities);

(ii)

in section 299 (index of defined expressions), omit the entry

for “devolved Welsh authority”;

(b)

in the Trade Union (Wales) Act 2017 (anaw 4), omit section 1

(amendments to the Trade Union and Labour Relations (Consolidation)

Act 1992).

Page 107

Part 5

Enforcement of labour market legislation

General

Enforcement of labour market legislation by Secretary of State

(1)

The Secretary of State has the function of enforcing the labour market

legislation listed in Part 1 of Schedule 7 (but see also section 89 ).

(2)

For the purposes of enabling the Secretary of State to perform that function,

this Part confers powers on—

(a)

the Secretary of State, and

(b)

enforcement officers.

(3)

In this Part “enforcement officer” means a person appointed by the Secretary

of State under this section.

(4)

The powers of an enforcement officer include power to exercise any of the

Secretary of State’s enforcement functions, other than the function under

subsection (1).

(5)

Accordingly, in the case of the exercise by an enforcement officer of an

enforcement function of the Secretary of State, any reference in an enactment

to the Secretary of State in connection with that function is to be read as, or

as including, a reference to that officer or any other enforcement officer.

(6)

A person appointed under this section may exercise any powers of an

enforcement officer to the extent specified in the appointment.

(7)

Subsection (1) does not limit the Secretary of State’s powers under—

(a)

section 113 (power to bring proceedings in employment tribunal), or

(b)

section 114 (power to provide legal assistance).

(8)

Nothing in this section authorises the Secretary of State to bring proceedings

in Scotland for an offence.

Enforcement functions of Secretary of State

(1)

Any reference in this Part to an enforcement function of the Secretary of State

is a reference to—

(a)

any function of the Secretary of State under this Part,

(b)

any function of the Secretary of State under any provision of relevant

labour market legislation, or

(c)

any other function of the Secretary of State that is exercisable for the

purposes of enforcing any relevant labour market legislation.

(2)

But the following functions are not enforcement functions of the Secretary of

State for the purposes of this Part—

Page 108

(a)

the power to appoint enforcement officers under section 87 ;

(b)

any function under section 89 (delegation of functions);

(c)

any function under section 90 (Advisory Board);

(d)

any function under section 91 or 92 (strategies and reports);

(e)

any function under or by virtue of section 113 or 114 (powers in

relation to civil proceedings);

(f)

any function under Part 1 of Schedule 11 (transfer schemes);

(g)

any power to give directions or make subordinate legislation.

Delegation of functions

(1)

The Secretary of State may make arrangements with a public authority—

(a)

for the authority to exercise any delegable function of the Secretary

of State to the extent specified in the arrangements;

(b)

for officers or other staff of the authority to be appointed as

enforcement officers.

(2)

The following functions are “delegable functions”—

(a)

any enforcement function of the Secretary of State;

(b)

any function of the Secretary of State by virtue of section 113 (power

to bring proceedings in employment tribunal);

(c)

any function of the Secretary of State under section 7 or 11 of the

Gangmasters (Licensing) Act 2004 (powers relating to licensing of

gangmasters).

(3)

Accordingly, in the case of the exercise of a function by a public authority in

accordance with arrangements under this section, any reference in an

enactment to the Secretary of State in connection with that function is to be

read as a reference to that authority.

(4)

Arrangements under this section may provide for payments to be made by

the Secretary of State in respect of the performance of any function to which

the arrangements relate.

(5)

Arrangements under this section do not prevent the Secretary of State from

performing a function to which the arrangements relate.

(6)

In this section “public authority” means a person certain of whose functions

are functions of a public nature.

Advisory Board

Advisory Board

(1)

The Secretary of State must establish an Advisory Board (“the Board”) for the

purposes of providing advice to the Secretary of State about such matters as

the Secretary of State may specify relating to the Secretary of State’s function

under section 87 (1).

Page 109

(2)

The Board is to consist of not fewer than nine members appointed by the

Secretary of State.

(3)

Each member of the Board is to hold and vacate office in accordance with

the terms and conditions of the member’s appointment.

(4)

The members of the Board must include an equal number of each of the

following—

(a)

persons appearing to the Secretary of State to represent the interests

of trade unions;

(b)

persons appearing to the Secretary of State to represent the interests

of employers;

(c)

persons appearing to the Secretary of State to be independent experts.

(5)

For the purposes of subsection (4)(c) an “independent expert” is a person

who—

(a)

is not a person falling within paragraph (a) or (b) of subsection (4),

and

(b)

has expertise that is relevant to the Secretary of State’s function under

section 87 (1).

(6)

The Secretary of State may pay such remuneration or allowances to members

of the Board as the Secretary of State may determine.

(7)

In addition to the matters referred to in subsection (1) , the Board may also

provide advice to the Secretary of State about such matters as the Secretary

of State may specify relating to the Secretary of State’s functions under or by

virtue of sections 113 and 114 (powers in relation to civil proceedings).

Strategies and reports

Labour market enforcement strategy

(1)

The Secretary of State must, before the beginning of each relevant three-year

period (see subsection (6) ), prepare and publish a labour market enforcement

strategy for that period.

(2)

A labour market enforcement strategy is a document that—

(a)

sets out the Secretary of State’s assessment of—

(i)

the scale and nature of non-compliance with relevant labour

market legislation during the period of three years ending

immediately before the strategy period, and

(ii)

the likely scale and nature of such non-compliance during the

strategy period,

(b)

contains a proposal for the strategy period setting out how enforcement

functions of the Secretary of State are to be exercised, and

(c)

deals with any other matters which the Secretary of State considers

appropriate.

(3)

The Secretary of State—

Page 110

(a)

may, at any time during the strategy period, revise the labour market

enforcement strategy, and

(b)

must publish any revised labour market enforcement strategy.

(4)

In preparing or revising a labour market enforcement strategy, the Secretary

of State must consult the Advisory Board.

(5)

The Secretary of State must lay before Parliament and the Northern Ireland

Assembly a copy of any strategy published under this section.

(6)

In this section—

“relevant three-year period” means—

(a)

the period of three years beginning with the next 1 April after

the day on which this section comes into force;

(b)

each successive period of three years;

“strategy period” , in relation to a labour market enforcement strategy,

means the period to which the strategy relates.

Annual reports

(1)

As soon as reasonably practicable after the end of each financial year, the

Secretary of State must prepare and publish an annual report for that year.

(2)

The annual report must include the following—

(a)

an assessment of the extent to which enforcement functions of the

Secretary of State were exercised in accordance with the applicable

strategy during the year;

(b)

an assessment of the extent to which the applicable strategy had an

effect on the scale and nature of non-compliance with relevant labour

market legislation during the year.

(3)

Before publishing an annual report under this section, the Secretary of State

must consult the Advisory Board.

(4)

The Secretary of State must lay before Parliament and the Northern Ireland

Assembly a copy of every annual report published under this section.

(5)

In this section—

“the applicable strategy” , in relation to a financial year, means any labour

market enforcement strategy published under section 91 that has effect

for that year;

“financial year” means—

(a)

the period beginning with the day on which this section comes

into force and ending with the following 31 March, and

(b)

each successive period of 12 months.

Page 111

Powers to obtain documents or information

Power to obtain documents or information

(1)

The Secretary of State may by notice require a person—

(a)

to attend at a specified time and place and to provide information by

answering questions;

(b)

to provide specified information, or information of a specified

description, by a specified date;

(c)

to provide specified documents, or documents of a specified

description, by a specified date.

In this subsection “specified” means specified in the notice.

(2)

The Secretary of State may give a notice under this section to a person only

if the Secretary of State has reasonable grounds to believe that—

(a)

in the case of a requirement under subsection (1)(a), the person is able

to provide information which is necessary for any enforcement purpose;

(b)

in the case of a requirement under subsection (1)(b) or (c)—

(i)

it is necessary to obtain the information or document (as the

case may be) for any enforcement purpose, and

(ii)

the person is able to provide it.

(3)

In this section “enforcement purpose” means—

(a)

the purpose of enabling the Secretary of State to determine whether

to exercise any enforcement function;

(b)

the purpose of determining whether there has been any non-compliance

with relevant labour market legislation;

(c)

in the case of a requirement under subsection (1)(c), the purpose of

ascertaining whether the documents may be required as evidence in

proceedings for any non-compliance with relevant labour market

legislation.

Power to enter premises in order to obtain documents, etc

(1)

An enforcement officer may, for any enforcement purpose—

(a)

enter any premises, and

(b)

exercise any powers within subsection (2).

This is subject to section 95 (which provides that a warrant is necessary to

enter a dwelling).

(2)

The powers referred to in subsection (1)(b) are—

(a)

to inspect or examine any documents on the premises;

(b)

to require any person on the premises to produce any documents

which the officer has reasonable grounds to believe are on the premises

and within the person’s possession or control;

Page 112

(c)

to have access to, and check the operation of, any computer or other

equipment used in connection with the processing or storage of any

information or documents.

(3)

The officer may only exercise a power conferred by this section at a reasonable

time, unless it appears to the officer that there are grounds for suspecting

that the purpose of entering the premises may be frustrated if the officer

seeks to enter at a reasonable time.

(4)

An enforcement officer may seize any document produced, inspected or

examined under this section.

(5)

In this section—

“enforcement purpose” means—

(a)

the purpose of enabling the Secretary of State to determine

whether to exercise any enforcement function;

(b)

the purpose of determining whether there has been any

non-compliance with relevant labour market legislation;

(c)

the purpose of ascertaining whether there are documents on

the premises which may be required as evidence in proceedings

for any non-compliance with relevant labour market legislation;

“equipment” includes software.

Power to enter dwelling subject to warrant

(1)

An enforcement officer may not by virtue of section 94 enter any dwelling

unless a justice has issued a warrant authorising the officer to enter the

dwelling.

(2)

A justice may issue a warrant under this section only if, on an application

by the officer, the justice is satisfied—

(a)

that the officer has reasonable grounds to believe that—

(i)

there are documents in the dwelling which for any enforcement

purpose the officer wishes to inspect, examine or seize, or

(ii)

there is computer or other equipment in the dwelling to which

the officer wishes to have access for any enforcement purpose,

and

(b)

that any of the conditions in subsection (3) is satisfied.

(3)

The conditions are—

(a)

that it is not practicable to communicate with any person entitled to

grant entry to the dwelling;

(b)

that it is not practicable to communicate with any person entitled to

grant access to the documents or equipment;

(c)

that entry to the dwelling is unlikely to be granted unless a warrant

is produced;

(d)

that the purpose of entry may be frustrated or seriously prejudiced

unless an enforcement officer arriving at the dwelling can secure

immediate entry to it.

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(4)

In this section—

“enforcement purpose” has the same meaning as in section 94 ;

“justice” means—

(a)

in relation to England and Wales, a justice of the peace;

(b)

in relation to Scotland, a sheriff or summary sheriff;

(c)

in relation to Northern Ireland, a lay magistrate.

(5)

For further provision about warrants under this section, see section 128 and

Schedule 8 .

Supplementary powers in relation to documents

(1)

A power conferred by section 93 or 94 to require the production or provision

of any document includes, in the case of a document stored in an electronic

form, power to require the document to be produced or provided in a form—

(a)

in which it can be taken away, and

(b)

in which it is visible and legible or from which it can readily be

produced in a visible and legible form.

(2)

The Secretary of State may inspect or examine any document provided under

section 93 .

(3)

The Secretary of State or an enforcement officer may take copies of any

document—

(a)

provided in response to a requirement under section 93 , or

(b)

inspected, examined or produced under section 94 .

Retention of documents

(1)

This section applies to any document which—

(a)

is provided in response to a requirement under section 93 , or

(b)

is seized under section 94 .

(2)

The document may be retained so long as is necessary in all the circumstances

and in particular—

(a)

for use as evidence at a trial for a labour market offence, or

(b)

for forensic examination or for investigation in connection with a

labour market offence.

(3)

No document may be retained for either of the purposes mentioned in

subsection (2) if a photograph or a copy would be sufficient for that purpose.

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Other powers to investigate non-compliance

Powers of enforcement officers under Police and Criminal Evidence Act 1984

For provision enabling enforcement officers in England and Wales to exercise

powers under the Police and Criminal Evidence Act 1984 in relation to the

investigation of labour market offences, see section 114B of that Act.

Offences relating to gangmasters: power to enter premises with warrant

(1)

In this section—

(a)

“relevant contravention” means a contravention of section 6 of the

Gangmasters (Licensing) Act 2004 (prohibition of unlicensed activities),

so far as it applies in relation to England and Wales and Scotland;

(b)

references to an enforcement officer do not include an enforcement

officer who is authorised by virtue of section 114B of the Police and

Criminal Evidence Act 1984 to exercise any power under Part 2 of

that Act in relation to a relevant contravention.

(2)

If a justice is satisfied that there are reasonable grounds for an enforcement

officer to enter relevant premises for the purpose of determining whether

there has been a relevant contravention, and is also satisfied—

(a)

that admission to the premises has been refused, or that a refusal is

expected, and (in either case) that notice of the intention to apply for

a warrant has been given to the occupier,

(b)

that an application for admission, or the giving of such a notice, would

defeat the object of the entry,

(c)

that the case is one of extreme urgency, or

(d)

that the premises are unoccupied or the occupier is temporarily absent,

the justice may issue a warrant authorising the enforcement officer to enter

the premises, if necessary using reasonable force.

(3)

The reference in subsection (2) to being satisfied that there are reasonable

grounds as mentioned in that subsection is, in relation to England and Wales,

a reference to being satisfied by written information on oath.

(4)

An enforcement officer entering any premises by virtue of a warrant under

this section may—

(a)

when entering the premises, bring any equipment which the officer

considers necessary,

(b)

exercise any power conferred by section 94 (2) or (4) ,

(c)

carry out on the premises any other inspections and examinations

which the officer considers necessary for the purpose of determining

whether there has been a relevant contravention, and

(d)

seize any item which is on the premises.

(5)

Where by virtue of subsection (4)(d) an enforcement officer seizes any item,

the officer must leave on the premises from which the item was removed a

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statement giving details of what was seized and stating that the officer has

seized it.

(6)

Any item seized by an enforcement officer by virtue of subsection (4)(d) may

be retained for as long as the officer considers necessary for the purpose of

determining whether there has been a relevant contravention.

(7)

In this section—

“justice” means—

(a)

in relation to England and Wales, a justice of the peace;

(b)

in relation to Scotland, the sheriff, a summary sheriff or a justice

of the peace;

“relevant premises” means any premises which an enforcement officer

has reasonable grounds to believe are—

(a)

premises where a person acting as a gangmaster, or a person

supplied with workers or services by a person acting as a

gangmaster, carries on business, or

(b)

premises which such a person uses in connection with the

person’s business;

“worker” has the same meaning as in the Gangmasters (Licensing) Act

2004 (see section 26 of that Act).

(8)

Section 4 of the Gangmasters (Licensing) Act 2004 (acting as a gangmaster)

applies for the purposes of this section as it applies for the purposes of that

Act.

(9)

For further provision about warrants under this section, see section 128 and

Schedule 8 .

Notices of underpayment

100

Power to give notice of underpayment

(1)

Where it appears to the Secretary of State that—

(a)

on any day (“the relevant day”), a sum in respect of—

(i)

one or more periods ending before the relevant day, or

(ii)

one or more events occurring before the relevant day,

was due from a person (the “liable party”) to an individual (the

“underpaid individual”) under or by virtue of a statutory pay provision

(see subsection (7) ), and

(b)

any period for payment of that sum to be made has ended without

the sum having been paid to the underpaid individual,

the Secretary of State may give a notice of underpayment to the liable party.

(2)

A notice of underpayment is a notice under this section requiring the liable

party to pay the required sum to the underpaid individual before the end of

the period of 28 days beginning with the day on which the notice is given.

For the meaning of the “required sum”, see section 101 .

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(3)

Subsection (1) is subject to—

(a)

subsection (6) , and

(b)

section 102 (period to which notice of underpayment may relate).

(4)

The Secretary of State may give a notice of underpayment to a person in

respect of a sum that was due from the person on the relevant day whether

or not the sum remains due at the time of the giving of the notice (see, in

particular, section 104 (penalties for underpayment)).

(5)

But where all or part of that sum has been paid before the giving of the notice,

the requirement imposed by the notice is, to that extent, to be treated as met.

(6)

The Secretary of State may not give a notice of underpayment in respect of

any matter if—

(a)

proceedings have been brought about the matter by virtue of section

113 (power to bring proceedings in employment tribunal), and

(b)

the proceedings have not been finally determined or discontinued.

(7)

In this Part “statutory pay provision” means a provision of relevant labour

market legislation that—

(a)

confers a right or entitlement to the payment of any sum to an

individual, or

(b)

prohibits or restricts the withholding of payment of any sum to an

individual.

101

Calculation of the required sum

(1)

For the purposes of section 100 (2) , the “required sum” is whichever is the

greater of the following sums—

(a)

the sum that was due to the underpaid individual on the relevant

day;

(b)

in a case where regulations under subsection (2) apply, the sum

determined in accordance with the regulations.

This is subject to subsection (4) .

(2)

Regulations made by the Secretary of State may make provision for

determining the sum required to be paid to an individual by a notice of

underpayment in a case where the sum due to the individual on any day

under or by virtue of a statutory pay provision would have been greater had

that sum been determined by reference to the statutory pay provision as it

has effect at the time of giving the notice of underpayment.

(3)

But regulations under subsection (2) may not make provision in relation to

any provision of the National Minimum Wage Act 1998 (see instead section

17 of that Act).

(4)

If the required sum in respect of an underpaid individual would (in the

absence of this subsection) be greater than the specified maximum for the

statutory pay provision concerned, the required sum in respect of the

underpaid individual is the specified maximum.

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(5)

For the purposes of subsection (4) “the specified maximum”, in relation to a

statutory pay provision, means an amount specified by, or determined in

accordance with, regulations made by the Secretary of State.

(6)

Regulations under this section are subject to the affirmative resolution

procedure.

102

Period to which notice of underpayment may relate

(1)

A notice of underpayment may not relate to any sum that became due under

or by virtue of a statutory pay provision before the beginning of the claim

period.

(2)

The “claim period”, in relation to a notice of underpayment, is the period of

six years ending with the day on which the notice is given.

(3)

The Secretary of State may by regulations amend this section so as to alter

the length of the claim period.

(4)

Regulations under subsection (3) —

(a)

may specify different claim periods in relation to different statutory

pay provisions;

(b)

may not provide for the claim period in relation to a notice of

underpayment to be greater than the period of six years ending with

the day on which the notice is given.

(5)

Regulations under subsection (3) are subject to the affirmative resolution

procedure.

(6)

A notice of underpayment may relate to sums that became due before the

coming into force of this section.

(7)

But a notice of underpayment may not relate to any sum that became due

before the day on which this Act is passed.

(8)

Subsection (7) does not apply to a notice of underpayment so far as it relates

to any sum due under section 17 of the National Minimum Wage Act 1998

(entitlement to additional remuneration for failure to pay at least the minimum

wage).

(9)

See also section 109 (3) (claim period for replacement notices of underpayment).

103

Notices of underpayment: further provision

(1)

Where a notice of underpayment relates to more than one underpaid

individual, the notice may identify the individuals by name or by description.

(2)

A notice of underpayment must specify, for each underpaid individual to

whom it relates—

(a)

the relevant day in relation to the individual;

(b)

the sum due to the individual on that day and how that sum was

calculated;

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(c)

the period or periods, or event or events, in respect of which it was

due;

(d)

the statutory pay provision under or by virtue of which it was due;

(e)

the fact that any period for payment of that sum to be made ended

without the sum having been paid;

(f)

the required sum in respect of the individual and (if different from

the sum mentioned in paragraph (b)) how that sum was calculated.

104

Penalties for underpayment

(1)

A notice of underpayment must require the liable party to pay a penalty to

the Secretary of State.

This is subject to section 105 (1) (power to specify exceptions).

(2)

The penalty must be paid before the end of the period of 28 days beginning

with the day on which the notice is given.

(3)

The amount of the penalty is the total of the amounts for each underpaid

individual to whom the notice relates calculated in accordance with subsections

(4) and (5) (but see subsection (6) ).

(4)

The amount for each underpaid individual to whom the notice relates is 200%

of the sum specified in the notice of underpayment as the sum due to the

individual on the relevant day (see section 103 (2) (b) ).

(5)

But if the amount determined under subsection (4) for any underpaid

individual would be more than £20,000, the amount for the individual taken

into account in calculating the penalty is to be £20,000.

(6)

If a penalty calculated in accordance with subsection (3) would be less than

£100, the amount of the penalty is to be £100.

(7)

The Secretary of State may by regulations amend this section—

(a)

so as to substitute a different percentage for a percentage for the time

being specified in this section;

(b)

so as to substitute a different amount for an amount for the time being

specified in this section;

(c)

so as to specify different percentages or amounts for different purposes.

(8)

Regulations under subsection (7) are subject to the affirmative resolution

procedure.

105

Further provision about penalties

(1)

The Secretary of State may by directions specify circumstances in which a

notice of underpayment is not to impose a requirement to pay a penalty.

(2)

A direction under subsection (1) may be amended or revoked by a further

direction.

(3)

A notice of underpayment that imposes a requirement to pay a penalty must—

Page 119

(a)

specify the amount of the penalty,

(b)

state how that amount was calculated, and

(c)

specify the date by which the penalty must be paid.

(4)

In a case where a notice of underpayment imposes a requirement on a person

to pay a penalty, if the person, before the end of the period of 14 days

beginning with the day on which the notice is given—

(a)

pays (or has paid) the required sum specified in the notice of

underpayment, and

(b)

pays at least half the penalty,

the person is to be regarded as having paid the penalty.

(5)

Any penalty received by the Secretary of State in accordance with section 104

is to be paid into the Consolidated Fund.

106

Suspension of penalty where criminal proceedings have been brought, etc

(1)

Subsection (3) applies where—

(a)

the Secretary of State is proposing to give a notice of underpayment

that imposes a requirement on a person to pay a penalty, and

(b)

it appears to the Secretary of State that—

(i)

relevant criminal proceedings have been brought, or

(ii)

relevant criminal proceedings may be brought.

(2)

In this section “relevant criminal proceedings” means proceedings against the

person for a labour market offence in respect of any act or omission to which

the notice relates (“the relevant conduct”).

(3)

The notice of underpayment may contain provision suspending the

requirement to pay the penalty until a notice terminating the suspension is

given to the person under subsection (4) .

(4)

The Secretary of State may give the person a notice terminating the suspension

(a “penalty activation notice”) if it appears to the Secretary of State—

(a)

in a case referred to in subsection (1) (b) (i) , that the proceedings have

concluded without the person having been convicted of a labour

market offence in respect of the relevant conduct, or

(b)

in a case referred to in subsection (1) (b) (ii) —

(i)

that relevant criminal proceedings will not be brought, or

(ii)

that relevant criminal proceedings have concluded without the

person having been convicted of a labour market offence in

respect of the relevant conduct.

(5)

Where a penalty activation notice is given, the requirement to pay the penalty

has effect as if the notice of underpayment had been given on the day on

which the penalty activation notice was given.

(6)

The Secretary of State must give the person a notice withdrawing the

requirement to pay the penalty if it appears to the Secretary of State that the

Page 120

person has been convicted of a labour market offence in respect of the relevant

conduct.

107

Appeals against notices of underpayment

(1)

A person to whom a notice of underpayment is given may appeal to a tribunal

against any one or more of the following—

(a)

the decision to give the notice;

(b)

any requirement imposed by the notice to pay a sum to an individual;

(c)

any requirement imposed by the notice to pay a penalty.

(2)

An appeal under this section must be made before the end of the period of

28 days beginning with the day on which the notice is given.

(3)

An appeal under subsection (1) (a) may be made only on one or more of the

following grounds—

(a)

that no sum was due to any individual to whom the notice relates on

the specified day under or by virtue of the specified provision;

(b)

that, in the case of every sum specified in the notice as due to an

individual to whom the notice relates, the sum had been paid before

the end of the period mentioned in section 100 (1) (b) ;

(c)

that, in the case of every sum specified in the notice as due to an

individual to whom the notice relates, the sum was one to which a

notice may not relate by virtue of subsection (1) or (7) of section 102

(period to which notice may relate).

(4)

An appeal under subsection (1) (b) in relation to an individual may be made

only on one or more of the following grounds—

(a)

that, on the specified day, no sum was due to the individual under

or by virtue of the specified provision;

(b)

that, in the case of any sum specified in the notice as due to the

individual, the sum had been paid before the end of the period

mentioned in section 100 (1) (b) ;

(c)

that, in the case of any sum specified in the notice as due to the

individual, the sum was one to which a notice may not relate by virtue

of subsection (1) or (7) of section 102 ;

(d)

that the amount specified in the notice as the sum required to be paid

to the individual is incorrect;

(e)

that, in the case of a replacement notice given under section 109 , the

notice contravenes subsection (2) of that section.

(5)

An appeal under subsection (1) (c) may be made only on one or more of the

following grounds—

(a)

that the notice was given in circumstances specified in a direction

under section 105 (1) ;

(b)

that the amount of the penalty specified in the notice of underpayment

has been incorrectly calculated (whether because the notice is incorrect

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in some of the particulars which affect that calculation or for some

other reason).

(6)

Where the tribunal allows an appeal under subsection (1) (a) , it must cancel

the notice.

(7)

Where, in a case where subsection (6) does not apply, the tribunal allows an

appeal under subsection (1) (b) or (c) —

(a)

the tribunal must rectify the notice, and

(b)

the notice of underpayment, as rectified, has effect as if it had been

given on the day on which the tribunal makes its determination.

(8)

In this section—

“the specified day” , in relation to an individual, means the day specified

in accordance with section 103 (2) (a) in relation to the individual;

“the specified provision” , in relation to an individual, means the statutory

pay provision specified in accordance with section 103 (2) (d) in relation

to the individual;

“tribunal” means—

(a)

an employment tribunal, in relation to England and Wales or

Scotland;

(b)

an industrial tribunal, in relation to Northern Ireland.

108

Withdrawal of notice of underpayment

(1)

Where—

(a)

a notice of underpayment has been given to a person (and not already

withdrawn or cancelled), and

(b)

it appears to the Secretary of State that the notice incorrectly includes

or omits any requirement or is incorrect in any particular,

the Secretary of State may withdraw it by giving a notice of withdrawal to

the person.

(2)

Where a notice of underpayment given to a person is withdrawn and no

replacement notice of underpayment is given in accordance with section 109 —

(a)

any sum paid by or recovered from the person by way of penalty

payable under the notice must be repaid to the person with interest

at the appropriate rate running from the date when the sum was paid

or recovered;

(b)

any appeal against the notice must be dismissed.

(3)

In subsection (2) (a) “the appropriate rate” means the rate that, on the date

the sum was paid or recovered, was specified in section 17 of the Judgments

Act 1838.

(4)

Where subsection (2) applies, the notice of withdrawal must indicate the effect

of that subsection (but a failure to do so does not make the withdrawal

ineffective).

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109

Replacement notice of underpayment

(1)

If the Secretary of State—

(a)

gives a notice of withdrawal to a person under section 108 , and

(b)

is of the opinion referred to in section 100 (1) in relation to any

individual specified in the notice which is being withdrawn (“the

original notice”),

the Secretary of State may at the same time give a fresh notice of

underpayment to the person (a “replacement notice”).

(2)

The replacement notice may not relate to any individual to whom the original

notice did not relate.

(3)

The claim period for a replacement notice (see section 102 (1) ) is the period—

(a)

beginning with the claim period for the original notice, and

(b)

ending with the day on which the replacement notice is given.

Accordingly, the replacement notice may relate to sums that became due after

the day on which the original notice was given.

(4)

The replacement notice must—

(a)

set out the differences between it and the original notice that it is

reasonable for the Secretary of State to consider are material, and

(b)

explain the effect of section 110 .

(5)

Failure to comply with subsection (4) does not make the replacement notice

ineffective.

(6)

Where a replacement notice is withdrawn under section 108 , no further

replacement notice may be given under subsection (1) as a result of the

withdrawal.

(7)

Nothing in this section affects any power that exists apart from this section

to give a notice of underpayment in relation to any underpaid individual.

110

Effect of replacement notice of underpayment

(1)

This section applies where a notice of underpayment is withdrawn under

section 108 and a replacement notice is given in accordance with section 109 .

(2)

If an appeal has been made under section 107 in respect of the original notice

and the appeal has not been withdrawn or finally determined before the time

when that notice is withdrawn—

(a)

that appeal (“the earlier appeal”) has effect after that time as if it had

been made in respect of the replacement notice, and

(b)

the person given the notice may exercise the right of appeal under

that section in respect of the replacement notice only if the earlier

appeal is withdrawn.

(3)

If a sum was paid by or recovered from the person by way of penalty under

the original notice—

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(a)

an amount equal to that sum (or, if more than one, the total of those

sums) is to be treated as having been paid in respect of the penalty

imposed by the replacement notice, and

(b)

any amount by which that sum (or total) exceeds the amount of the

penalty imposed by the replacement notice must be repaid to the

person with interest at the appropriate rate running from the date

when the sum (or, if more than one, the first of them) was paid or

recovered.

(4)

In subsection (3) (b) “the appropriate rate” means the rate that, on the date

mentioned in that provision, was specified in section 17 of the Judgments Act

1838.

111

Enforcement of requirement to pay sums due to individuals

(1)

In a case where it appears to the Secretary of State that the liable party has

failed to comply with a requirement in a notice of underpayment to pay a

sum to an underpaid individual, the Secretary of State may apply to the court

for an order under this section.

(2)

An application under this section may be made only if—

(a)

the relevant 28-day period has ended, and

(b)

the liable party’s appeal rights are exhausted (see subsection (5) ).

(3)

If, on an application under this section, the court is satisfied that—

(a)

the notice was given to the liable party and has not been withdrawn,

and

(b)

the liable party has failed to comply with a requirement imposed by

the notice to pay a sum to an underpaid individual,

the court must order the liable party to pay the sum to the underpaid

individual within the period specified in the order.

(4)

This section does not affect any right of an underpaid individual to recover

any sums owed by the liable party to the individual.

(5)

For the purposes of this section, the liable party’s appeal rights are exhausted

if—

(a)

the relevant 28-day period ended without an appeal being made under

section 107 in respect of the notice,

(b)

any appeal made under that section by the liable party in respect of

the notice has been withdrawn, or

(c)

any such appeal has been finally determined and the notice has not

been cancelled under subsection (6) of that section.

(6)

In this section—

“the court” means—

(a)

the county court, in relation to England and Wales;

(b)

the sheriff, in relation to Scotland;

(c)

a county court, in relation to Northern Ireland;

Page 124

“the relevant 28-day period” means the period of 28 days beginning with

the day on which the notice (or, where section 107 (7) (b) applies, the

rectified notice) is given.

112

Enforcement of requirement to pay penalty

(1)

In England and Wales, a penalty is recoverable as if it were payable under

an order of the county court.

(2)

In Scotland, a penalty may be enforced in the same manner as an extract

registered decree arbitral bearing a warrant for execution issued by the sheriff

court of any sheriffdom in Scotland.

(3)

In Northern Ireland, a penalty is recoverable as if it were payable under an

order of a county court.

(4)

Where action is taken under this section for the recovery of a penalty, the

penalty—

(a)

in relation to England and Wales, is to be treated for the purposes of

section 98 of the Courts Act 2003 (register of judgments and orders

etc) as if it were a judgment entered in the county court;

(b)

in relation to Northern Ireland, is to be treated for the purposes of

Article 116 of the Judgments Enforcement (Northern Ireland) Order

1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a

judgment in respect of which an application has been accepted under

Article 22 or 23(1) of that Order.

(5)

In this section “penalty” means a penalty payable under a notice of

underpayment.

Powers relating to civil proceedings

113

Power to bring proceedings in employment tribunal

(1)

In a case where—

(a)

a worker has the right under any enactment to bring proceedings

about a matter in an employment tribunal in England and Wales or

Scotland, and

(b)

it appears to the Secretary of State that the worker is not going to

bring proceedings about that matter,

the Secretary of State may, in place of the worker, bring proceedings about

the matter in an employment tribunal under the enactment.

(2)

Subsection (1) does not apply to—

(a)

any right to bring proceedings about a matter in respect of which a

notice of underpayment under section 100 has been given;

(b)

any right arising under or by virtue of the Agricultural Sector (Wales)

Act 2014 (anaw 6) or the Agricultural Wages (Scotland) Act 1949.

Page 125

(3)

Where by virtue of this section the Secretary of State brings proceedings in

place of a worker—

(a)

the proceedings are to be proceeded with as if they had been brought

by the worker, and

(b)

for the purposes of dealing with the proceedings, and any proceedings

arising out of those proceedings, references to the worker in any

enactment are to be read as including a reference to the Secretary of

State.

(4)

But, despite subsection (3) , any power which an employment tribunal dealing

with the proceedings would have to make a declaration, decision, award or

other order in favour of the worker if the worker had brought the proceedings

continues to be exercisable in relation to the worker (not the Secretary of

State).

(5)

Any appeal arising out of proceedings brought by the Secretary of State in

place of a worker by virtue of this section may be brought by the worker as

well as by the Secretary of State.

(6)

The Secretary of State is not liable to any worker for anything done (or omitted

to be done) in, or in connection with, the discharge or purported discharge

of the Secretary of State’s functions by virtue of this section.

(7)

For the purposes of this section—

(a)

any reference to a worker includes—

(i)

an individual who is not a worker as defined by section 230(3)

of the Employment Rights Act 1996 but who is a worker for

the purposes of Part 4A of that Act (see section 43K(1) of that

Act), and

(ii)

an individual seeking to be employed by a person as a worker;

(b)

any reference to a right to bring proceedings under an enactment is

to such a right however expressed, and includes any right to present

a complaint or make any other description of claim or application;

(c)

any reference to the Secretary of State includes an enforcement officer.

114

Power to provide legal assistance

(1)

The Secretary of State may assist a person who is or may become party to

civil proceedings in England and Wales or Scotland relating to employment

or trade union law or the law of labour relations.

(2)

In giving assistance under this section the Secretary of State may provide or

arrange for the provision of—

(a)

legal advice;

(b)

legal representation;

(c)

any other form of assistance.

(3)

But the Secretary of State may not provide, or arrange for the provision of,

facilities for the settlement of a dispute.

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(4)

Where proceedings relate or may relate partly to employment or trade union

law or the law of labour relations (“employment-related matters”) and partly

to other matters—

(a)

assistance may be given under this section in respect of any aspect of

the proceedings, and

(b)

if the proceedings cease to relate to employment-related matters—

(i)

assistance may nevertheless continue to be given under this

section in respect of the proceedings, but

(ii)

the fact that assistance has been given under this section in

respect of the proceedings does not require such assistance to

continue to be given.

(5)

This section does not affect any restriction imposed in respect of

representation—

(a)

by virtue of an enactment, or

(b)

in accordance with the practice of a court or tribunal.

(6)

A legislative provision which requires insurance or an indemnity in respect

of advice given in connection with a settlement agreement does not apply to

advice provided by the Secretary of State under this section.

115

Recovery of costs of legal assistance

(1)

Subsection (2) applies where—

(a)

the Secretary of State has assisted a person under section 114 in relation

to proceedings, and

(b)

the person becomes entitled to some or all of the person’s costs or, in

Scotland, expenses in the proceedings (whether as a result of an award

or as a result of an agreement).

(2)

The Secretary of State’s expenditure in giving the assistance—

(a)

is to be charged on sums paid to the person by way of costs or

expenses, and

(b)

may be enforced as a debt due to the Secretary of State.

(3)

A requirement to pay money to the Secretary of State under subsection (2)

ranks, in England and Wales, after a requirement imposed by virtue of section

25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

(statutory charge in connection with civil legal aid).

(4)

Subsection (2) , in its application to Scotland, does not affect the operation of

section 17(2A) of the Legal Aid (Scotland) Act 1986 (requirement in certain

cases to pay to the Scottish Legal Aid Board sums recovered under awards

of, or agreements as to, expenses).

(5)

For the purposes of subsection (2) , the Secretary of State’s expenditure is to

be calculated in accordance with such provision (if any) as the Secretary of

State makes for the purpose by regulations.

Page 127

(6)

Regulations under subsection (5) may, in particular, provide for the

apportionment of expenditure incurred by the Secretary of State—

(a)

partly for one purpose and partly for another, or

(b)

for general purposes.

(7)

Regulations under subsection (5) are subject to the negative resolution

procedure.

Labour market enforcement undertakings

116

Power to request LME undertaking

(1)

This section applies where the Secretary of State believes that a person has

committed, or is committing, a labour market offence (see section 148 ).

(2)

The Secretary of State may give a notice to the person—

(a)

identifying the labour market offence which the Secretary of State

believes has been or is being committed;

(b)

giving the Secretary of State’s reasons for the belief;

(c)

inviting the person to give the Secretary of State a labour market

enforcement undertaking in the form attached to the notice.

(3)

A labour market enforcement undertaking (an “LME undertaking”) is an

undertaking by the person giving it (the “subject”) to comply with any

prohibitions, restrictions and requirements set out in the undertaking (as to

which, see section 117 ).

117

Measures in LME undertakings

(1)

An LME undertaking may include a prohibition, restriction or requirement

(each a “measure”) if, and only if—

(a)

the measure falls within subsection (2) or (3) (or both), and

(b)

the Secretary of State considers that the measure is just and reasonable.

(2)

A measure falls within this subsection if it is for the purpose of—

(a)

preventing or reducing the risk of the subject not complying with any

requirement imposed by or under the relevant enactment, or

(b)

bringing to the attention of persons likely to be interested in the

matter—

(i)

the existence of the LME undertaking,

(ii)

the circumstances in which it was given, and

(iii)

any action taken (or not taken) by the subject in order to

comply with the undertaking.

(3)

A measure falls within this subsection if it is specified, or is of a description

specified, in regulations made by the Secretary of State.

(4)

Regulations under subsection (3) are subject to the affirmative resolution

procedure.

Page 128

(5)

The Secretary of State may not—

(a)

invite a person to give an LME undertaking, or

(b)

agree to the form of an undertaking,

unless the Secretary of State believes that at least one measure in the

undertaking is necessary for the purpose mentioned in subsection (6).

(6)

That purpose is preventing or reducing the risk of the subject—

(a)

committing a further labour market offence under the relevant

enactment, or

(b)

continuing to commit the labour market offence.

(7)

An LME undertaking must set out how each measure included for the purpose

mentioned in subsection (2)(a) is expected to achieve that purpose.

(8)

In this section “the relevant enactment” means the enactment under which

the Secretary of State believes the labour market offence concerned has been

or is being committed.

118

Duration of LME undertakings

(1)

An LME undertaking has effect from—

(a)

the time when it is accepted by the Secretary of State, or

(b)

any later time specified in the LME undertaking for this purpose.

(2)

An LME undertaking has effect for the period specified in the LME

undertaking.

(3)

The maximum period for which an LME undertaking may have effect is two

years.

(4)

The Secretary of State may release the subject from an LME undertaking.

(5)

The Secretary of State must release the subject from an LME undertaking if

at any time during the period for which it has effect the Secretary of State

believes that no measure in it is necessary for the purpose mentioned in

section 117 (6).

(6)

If the Secretary of State releases the subject from an LME undertaking, the

Secretary of State must take whatever steps the Secretary of State considers

appropriate to bring that fact to the attention of—

(a)

the subject;

(b)

any other persons likely to be interested in the matter.

119

Means of giving notice under section

(1)

A notice may be given under section 116 to a person by—

(a)

delivering it to the person,

(b)

leaving it at the person’s proper address,

(c)

sending it by post to the person at that address, or

(d)

subject to subsection (6), sending it to the person by electronic means.

Page 129

(2)

A notice to a body corporate may be given to any officer of that body.

(3)

A notice to a partnership may be given to any partner.

(4)

A notice to an unincorporated association (other than a partnership) may be

given to any member of the governing body of the association.

(5)

For the purposes of this section and of section 7 of the Interpretation Act 1978

(service of documents by post) in its application to this section, the proper

address of a person is the person’s last known address (whether of the

person’s residence or of a place where the person carries on business or is

employed) and also—

(a)

in the case of a body corporate or an officer of the body, the address

of the body’s registered or principal office in the United Kingdom;

(b)

in the case of a partnership or a partner, the address of the principal

office of the partnership in the United Kingdom;

(c)

in the case of an unincorporated association (other than a partnership)

or a member of its governing body, the principal office of the

association in the United Kingdom.

(6)

A notice may be sent to a person by electronic means only if—

(a)

the person has indicated that notices under section 116 may be given

to the person by being sent to an electronic address and in an electronic

form specified for that purpose, and

(b)

the notice is sent to that address in that form.

(7)

A notice sent to a person by electronic means is, unless the contrary is proved,

to be treated as having been given on the working day immediately following

the day on which it was sent.

(8)

In this section—

“electronic address” means any number or address used for the purposes

of sending or receiving documents or information by electronic means;

“officer” , in relation to a body corporate, means a director, manager,

secretary or other similar officer of the body;

“working day” means a day other than a Saturday, a Sunday, Christmas

Day, Good Friday or a bank holiday under the Banking and Financial

Dealings Act 1971 in any part of the United Kingdom.

Labour market enforcement orders

120

Power to make LME order on application

(1)

The appropriate court may, on an application by the Secretary of State under

section 121 , make a labour market enforcement order in relation to a person

if the court—

(a)

is satisfied, on the balance of probabilities, that the person has

committed, or is committing, a labour market offence, and

(b)

considers that it is just and reasonable to make the order.

Page 130

(2)

A labour market enforcement order (an “LME order”) is an order which—

(a)

prohibits or restricts the person in relation to whom it is made (the

“respondent”) from doing anything set out in the order;

(b)

requires the respondent to do anything set out in the order.

(See also section 123 .)

(3)

An application for an LME order under this section is—

(a)

in England and Wales, to be made by complaint;

(b)

in Northern Ireland, to be made by complaint under Part 8 of the

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.

26)).

(4)

In this section “the appropriate court”—

(a)

in a case where the conduct constituting the labour market offence

took place, or is taking place, primarily in England and Wales, means

a magistrates’ court;

(b)

in a case where that conduct took place, or is taking place, primarily

in Scotland, means the sheriff or a summary sheriff;

(c)

in a case where that conduct took place, or is taking place, primarily

in Northern Ireland, means a court of summary jurisdiction.

121

Applications for LME orders

(1)

The Secretary of State may apply for an LME order to be made under section

120 in relation to a person (the “proposed respondent”) if—

(a)

the Secretary of State has given the proposed respondent a notice

under section 116 , and

(b)

the proposed respondent—

(i)

refuses to give an LME undertaking, or

(ii)

otherwise fails, before the end of the negotiation period, to

give an LME undertaking in the form attached to the notice

or in such other form as may be agreed with the Secretary of

State.

(2)

The Secretary of State may also apply for an LME order if the proposed

respondent—

(a)

has given an LME undertaking to the Secretary of State, and

(b)

has failed to comply with the undertaking.

(3)

In subsection (1) “the negotiation period” means—

(a)

the period of 14 days beginning with the day after the day on which

the notice mentioned in paragraph (a) of that subsection was given,

(b)

a longer period agreed between the Secretary of State and the proposed

respondent.

Page 131

122

Power to make LME order on conviction

(1)

This section applies where a court deals with a person in respect of a

conviction for a labour market offence.

(2)

The court may make an LME order in relation to the person if the court

considers it is just and reasonable to do so.

(3)

An LME order must not be made under this section except—

(a)

in addition to a sentence imposed in respect of the offence concerned,

(b)

in addition to an order discharging the person conditionally or, in

Scotland, discharging the person absolutely.

123

Measures in LME orders

(1)

An LME order may include a prohibition, restriction or requirement (each a

“measure”) if, and only if, the measure falls within subsection (2) or (3) (or

both).

(2)

A measure falls within this subsection if it is for the purpose of—

(a)

preventing or reducing the risk of the respondent not complying with

any requirement imposed by or under the relevant enactment, or

(b)

bringing to the attention of persons likely to be interested in the

matter—

(i)

the existence of the LME order,

(ii)

the circumstances in which it was made, and

(iii)

any action taken (or not taken) by the respondent in order to

comply with the order.

(3)

A measure falls within this subsection if it is specified, or is of a description

specified, in regulations made by the Secretary of State.

(4)

Regulations under subsection (3) are subject to the affirmative resolution

procedure.

(5)

Where an LME order includes a measure for the purpose mentioned in

subsection (2)(a), the order must set out how the measure is expected to

achieve that purpose.

(6)

In this section “the relevant enactment” means the enactment under which

the labour market offence concerned has been or is being committed.

124

Further provision about LME orders

(1)

An LME order has effect for the period specified in the LME order.

(2)

The maximum period for which an LME order may have effect is two years.

(3)

An LME order may not be made against an individual who is under the age

of 18.

Page 132

(4)

If a court makes an LME order, the court may also—

(a)

release the respondent from any LME undertaking given in relation

to the labour market offence concerned;

(b)

discharge any other LME order which is in force against the respondent

and which was made by—

(i)

that court, or

(ii)

any other court in the same part of the United Kingdom as

that court.

125

Variation and discharge of LME orders

(1)

On an application under this section, the appropriate court may by order

vary or discharge an LME order.

(2)

An application for the variation or discharge of an LME order may be made

by—

(a)

the respondent, or

(b)

the Secretary of State.

(3)

An application for an order under this section is—

(a)

in England and Wales, to be made by complaint;

(b)

in Northern Ireland, to be made by complaint under Part 8 of the

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.

26)).

(4)

In this section “the appropriate court”—

(a)

in the case of an LME order made in England and Wales (whether

made under section 120 or 122 ), means a magistrates’ court;

(b)

in the case of an LME order made in Scotland, means the sheriff or a

summary sheriff;

(c)

in the case of an LME order made in Northern Ireland, means a court

of summary jurisdiction.

126

LME orders: appeals

(1)

A respondent may appeal against—

(a)

the making of an LME order under section 120 ;

(b)

the making of, or refusal to make, an order under section 125 .

(2)

An appeal under subsection (1) is to be made—

(a)

where the order was made or refused by a magistrates’ court in

England and Wales, to the Crown Court;

(b)

where the order was made or refused by the sheriff or a summary

sheriff, to the Sheriff Appeal Court;

(c)

where the order was made or refused by a court of summary

jurisdiction in Northern Ireland, to a county court.

(3)

On an appeal under subsection (1), the court hearing the appeal—

Page 133

(a)

may make such orders as may be necessary to give effect to its

determination of the appeal, and

(b)

may also make any incidental or consequential orders that appear to

it to be just and reasonable.

(4)

An LME order that has been varied by virtue of subsection (3) remains an

order of the court that first made it for the purposes of section 125 .

(5)

A respondent may appeal against the making of an LME order under section

122 as if the order were a sentence passed on the respondent for the labour

market offence.

Safeguards etc

127

Evidence of authority

(1)

This section applies where a person is proposing to exercise—

(a)

any enforcement function of the Secretary of State;

(b)

any power of an enforcement officer, other than a power by virtue of

section 113 (power to bring proceedings in employment tribunal).

(2)

The person must, if required to do so, produce identification showing that

the person is authorised to exercise that function.

128

Warrants

(1)

A warrant under section 95 or 99 may be executed by any enforcement officer.

(2)

A warrant under section 95 or 99 may authorise persons to accompany any

enforcement officer who is executing it.

(3)

A person authorised under subsection (2) to accompany an enforcement officer

may exercise any power conferred by this Part which the officer may exercise

as a result of the warrant.

(4)

But the person may exercise such a power only in the company of, and under

the supervision of, an enforcement officer.

(5)

Schedule 8 contains further provision about—

(a)

applications for warrants under section 95 or 99 , and

(b)

warrants issued under section 95 or 99 .

(6)

The entry of premises under a warrant issued under section 95 or 99 is

unlawful unless it complies with the provisions of Part 3 of that Schedule

(execution of warrants).

129

Items subject to legal privilege

(1)

Nothing in this Part requires a person to produce any document, or provide

any information, which the person would be entitled to refuse to produce or

provide—

Page 134

(a)

in proceedings in the High Court on the grounds of legal professional

privilege, or

(b)

in proceedings in the Court of Session on the grounds of confidentiality

of communications.

(2)

In subsection (1) “communications” means—

(a)

communications between a professional legal adviser and the adviser’s

client, or

(b)

communications made in connection with or in contemplation of legal

proceedings or for the purposes of those proceedings.

130

Privilege against self-incrimination

(1)

This section applies where a person provides information in response to a

requirement under section 93 .

(2)

In any criminal proceedings against the person—

(a)

no evidence relating to the information may be adduced by or on

behalf of the prosecution, and

(b)

no question relating to the information may be asked by or on behalf

of the prosecution.

(3)

Subsection (2) does not apply if, in the proceedings—

(a)

evidence relating to the information is adduced by or on behalf of the

person providing it, or

(b)

a question relating to the information is asked by or on behalf of that

person.

(4)

Subsection (2) does not apply if the proceedings are for—

(a)

an offence under section 137 (providing false information or

documents);

(b)

an offence under section 5 of the Perjury Act 1911 (false statutory

declarations and other false statements without oath);

(c)

an offence under section 44(2) of the Criminal Law (Consolidation)

(Scotland) Act 1995 (false statements and declarations);

(d)

an offence under Article 10 of the Perjury (Northern Ireland) Order

1979 (S.I. 1979/1714 (N.I. 19)) (false statutory declarations and other

false unsworn statements).

131

Information relating to the intelligence services, etc

(1)

A power conferred by section 93 or 94 may not be exercised in relation to a

person serving in an intelligence service unless the Secretary of State certifies

that the condition in subsection (3) is met in relation to the power.

(2)

A power of entry conferred by this Part may not be exercised in relation to

any premises (or any part of premises) used for the purposes of an intelligence

service unless the Secretary of State certifies that the condition in subsection

(3) is met in relation to the power.

Page 135

(3)

The condition in this subsection is met in relation to a power if the Secretary

of State is satisfied that the exercise of the power will not be contrary to the

public interest or prejudicial to—

(a)

national security,

(b)

the prevention or detection of serious crime, or

(c)

the economic well-being of the United Kingdom.

(4)

A certificate issued under this section in relation to a power may impose

conditions on the exercise of the power.

(5)

Except as provided for by subsection (1), nothing in this Part requires any

person to—

(a)

produce any document containing intelligence service information, or

(b)

provide any information that is intelligence service information.

(6)

For the purposes of this section—

(a)

“crime” means conduct which—

(i)

constitutes a criminal offence, or

(ii)

is, or corresponds to, any conduct which, if it all took place in

any one part of the United Kingdom, would constitute a

criminal offence;

(b)

crime is “serious” if—

(i)

the offence which is or would be constituted by the conduct

is an offence for which the maximum sentence (in any part of

the United Kingdom) is imprisonment for three years or more,

(ii)

the conduct involves the use of violence, results in substantial

financial gain or is conduct by a large number of persons in

pursuit of a common purpose;

(c)

“intelligence service information” means information obtained directly

or indirectly from, or that relates to, an intelligence service or a person

acting on behalf of an intelligence service.

Disclosure of information

132

Disclosure of information

(1)

In this section—

“civil proceedings function” means a function under or by virtue of

section 113 or 114 (powers in relation to civil proceedings);

“enforcement function” means—

(a)

an enforcement function of the Secretary of State, or

(b)

a power of an enforcement officer (other than a power by virtue

of section 113 );

“enforcing authority” means the Secretary of State or an enforcement

officer.

Page 136

(2)

A person may disclose information to an enforcing authority if the disclosure

is made for the purposes of the exercise of an enforcement function or a civil

proceedings function.

(3)

Information obtained by an enforcing authority in connection with the exercise

of an enforcement function or a civil proceedings function—

(a)

may be used by an enforcing authority in connection with the exercise

of any other enforcement function or civil proceedings function;

(b)

may be used by the Secretary of State in connection with a function

of the Secretary of State under this Part.

(4)

The Secretary of State may disclose to a person any information obtained by

an enforcing authority in connection with the exercise of an enforcement

function or a civil proceedings function if the disclosure is made for a purpose

connected with an enforcement function or civil proceedings function or a

function of the Secretary of State under this Part.

(5)

The Secretary of State may disclose to a person specified in Schedule 9

information obtained in connection with the exercise of an enforcement

function or a civil proceedings function if the disclosure is made for the

purposes of the exercise of a function of the person.

(6)

The Secretary of State may by regulations amend Schedule 9 .

(7)

Regulations under subsection (6) are subject to the affirmative resolution

procedure.

(8)

Sections 133 to 135 contain further provision about disclosure of information

under this section.

133

Disclosure of information: supplementary provision

(1)

A disclosure of information which is authorised by section 132 does not

breach—

(a)

an obligation of confidence owed by the person making the disclosure,

(b)

any other restriction on the disclosure of information (however

imposed).

(2)

But nothing in section 132 authorises either of the following—

(a)

the making of a disclosure which would contravene the data protection

legislation (but in determining whether a disclosure would do so, the

power conferred by that section is to be taken into account);

(b)

the making of a disclosure which is prohibited by any of Parts 1 to 7

or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(3)

In subsection (2) “the data protection legislation” has the same meaning as

in the Data Protection Act 2018 (see section 3 of that Act).

(4)

Section 132 does not limit the circumstances in which information may be

disclosed apart from that section.

Page 137

134

Restriction on disclosure of HMRC information

(1)

HMRC information may not be disclosed by an enforcing authority without

authorisation from the Commissioners for His Majesty’s Revenue and Customs

(“the Commissioners”).

(2)

If an enforcing authority has disclosed HMRC information to a person, that

person may not further disclose that information without authorisation from

the Commissioners.

(3)

Subsections (1) and (2) do not apply to national minimum wage information.

(4)

If a person contravenes subsection (1) or (2) by disclosing revenue and customs

information relating to a person whose identity—

(a)

is specified in the disclosure, or

(b)

can be deduced from it,

section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful

disclosure) applies in relation to that disclosure as it applies in relation to a

disclosure of such information in contravention of section 20(9) of that Act.

(5)

In this section—

“enforcing authority” has the same meaning as in section 132 ;

“HMRC information” means information disclosed to an enforcing

authority under section 132 by the Commissioners or a person acting

on behalf of the Commissioners;

“national minimum wage information” means information obtained by

an enforcing authority for the purposes of enforcing any provision of

the National Minimum Wage Act 1998;

“revenue and customs information relating to a person” has the meaning

given by section 19(2) of the Commissioners for Revenue and Customs

Act 2005.

135

Restriction on disclosure of intelligence service information

(1)

Section 132 (2) does not authorise a person to disclose information to an

enforcing authority where—

(a)

the person is serving in an intelligence service, or

(b)

the information is intelligence service information.

But this does not affect the disclosures which a person serving in an

intelligence service may make in accordance with intelligence service disclosure

arrangements (see subsection (4)).

(2)

Intelligence service information may not be disclosed by an enforcing authority

without authorisation from the appropriate service chief.

(3)

If an enforcing authority has disclosed intelligence service information to a

person, that person may not further disclose that information without

authorisation from the appropriate service chief.

(4)

In this section—

Page 138

“appropriate service chief” means—

(a)

the Director-General of the Security Service, in the case of

information obtained from, or relating to, that Service or a

person acting on its behalf;

(b)

the Chief of the Secret Intelligence Service, in the case of

information obtained from, or relating to, that Service or a

person acting on its behalf;

(c)

the Director of GCHQ, in the case of information obtained

from, or relating to, GCHQ or a person acting on its behalf;

“enforcing authority” has the same meaning as in section 132 ;

“intelligence service disclosure arrangements” means—

(a)

arrangements made by the Director-General of the Security

Service under section 2(2)(a) of the Security Service Act 1989

about the disclosure of information by that Service;

(b)

arrangements made by the Chief of the Intelligence Service

under section 2(2)(a) of the Intelligence Services Act 1994 about

the disclosure of information by that Service;

(c)

arrangements made by the Director of GCHQ under section

4(2)(a) of that Act about the disclosure of information by

GCHQ;

“intelligence service information” means information obtained directly

or indirectly from, or that relates to, an intelligence service or a person

acting on behalf of an intelligence service.

Offences

136

Offence of failing to comply with LME order

(1)

A person in relation to whom an LME order is made commits an offence if

the person, without reasonable excuse, fails to comply with the order.

(2)

A person guilty of an offence under this section is liable—

(a)

on summary conviction in England and Wales, to imprisonment for

a term not exceeding the general limit in a magistrates’ court or a fine,

or both;

(b)

on summary conviction in Scotland, to imprisonment for a term not

exceeding 12 months or a fine not exceeding the statutory maximum,

or both;

(c)

on summary conviction in Northern Ireland, to imprisonment for a

term not exceeding 6 months or a fine not exceeding the statutory

maximum, or both;

(d)

on conviction on indictment, to imprisonment for a term not exceeding

2 years or a fine, or both.

137

Offence of providing false information or documents

(1)

A person commits an offence if—

Page 139

(a)

the person produces, or knowingly causes or allows to be produced,

any information or document in response to a requirement reasonably

made by a person in the exercise of a power conferred by this Part,

(b)

the information or document is false in a material respect, and

(c)

the person knows that it is or is reckless as to whether it is.

(2)

A person guilty of an offence under this section is liable—

(a)

on summary conviction in England and Wales, to imprisonment for

a term not exceeding the maximum term for summary offences or a

fine, or both;

(b)

on summary conviction in Scotland, to imprisonment for a term not

exceeding 12 months or a fine not exceeding level 5 on the standard

scale, or both;

(c)

on summary conviction in Northern Ireland, to imprisonment for a

term not exceeding 6 months or a fine not exceeding level 5 on the

standard scale, or both.

(3)

In subsection (2)(a) “the maximum term for summary offences” means—

(a)

in the case of an offence committed before the time when section 281(5)

of the Criminal Justice Act 2003 comes into force, 6 months;

(b)

in the case of an offence committed after that time, 51 weeks.

138

Providing false information or documents: national security etc defence

(1)

A person in relation to whom a certificate is issued by the Secretary of State

for the purposes of this section is not liable for the commission of an offence

under section 137 (offence of providing false information or documents).

(2)

The Secretary of State may issue a certificate in relation to a person for the

purposes of this section only if satisfied that it is necessary for the person to

engage in conduct amounting to such an offence—

(a)

in the interests of national security,

(b)

for the purposes of preventing or detecting serious crime, or

(c)

in the interests of the economic well-being of the United Kingdom.

(3)

A certificate under this section may be revoked by the Secretary of State at

any time.

(4)

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

(a)

“crime” means conduct which—

(i)

constitutes a criminal offence, or

(ii)

is, or corresponds to, any conduct which, if it all took place in

any one part of the United Kingdom, would constitute a

criminal offence, and

(b)

crime is “serious” if—

(i)

the offence which is or would be constituted by the conduct

is an offence for which the maximum sentence (in any part of

Page 140

the United Kingdom) is imprisonment for three years or more,

(ii)

the conduct involves the use of violence, results in substantial

financial gain or is conduct by a large number of persons in

pursuit of a common purpose.

139

Offence of obstruction

(1)

A person commits an offence if the person—

(a)

intentionally obstructs a person who is acting in the exercise of an

enforcement function, or

(b)

without reasonable excuse, fails to comply with any requirement

imposed by a person who is acting in the exercise of an enforcement

function.

(2)

In subsection (1) “enforcement function” means—

(a)

an enforcement function of the Secretary of State, or

(b)

a power of an enforcement officer, other than a power by virtue of

section 113 (power to bring proceedings in employment tribunal).

(3)

A person guilty of an offence under this section is liable—

(a)

on summary conviction in England and Wales, to imprisonment for

a term not exceeding the maximum term for summary offences or a

fine, or both;

(b)

on summary conviction in Scotland, to imprisonment for a term not

exceeding 12 months or a fine not exceeding level 5 on the standard

scale, or both;

(c)

on summary conviction in Northern Ireland, to imprisonment for a

term not exceeding 6 months or a fine not exceeding level 5 on the

standard scale, or both.

(4)

In subsection (3)(a) “the maximum term for summary offences” means—

(a)

in the case of an offence committed before the time when section 281(5)

of the Criminal Justice Act 2003 comes into force, 6 months;

(b)

in the case of an offence committed after that time, 51 weeks.

(5)

Nothing in this section requires a person to answer any question or give any

information if to do so might incriminate that person.

Recovery of enforcement costs

140

Power to recover costs of enforcement

(1)

The Secretary of State may by regulations make provision requiring a relevant

person, or a relevant person of a specified description, to pay a charge as a

means of recovering any enforcement costs incurred in relation to the person.

(2)

For the purposes of this section—

Page 141

“enforcement costs” , in relation to a relevant person, means any costs

incurred in connection with the exercise of an enforcement function

of the Secretary of State in relation to the person;

“relevant person” means a person who has failed to comply with any

relevant labour market legislation;

“specified” means specified in the regulations.

(3)

Regulations under this section may—

(a)

provide that the amount of a charge is—

(i)

a fixed amount, or

(ii)

an amount calculated by reference to an hourly rate;

(b)

provide for the amount of the charge to be determined by the Secretary

of State in accordance with the regulations.

(4)

The regulations may in particular—

(a)

provide that the amount of a charge is to be determined by the

Secretary of State in accordance with a scheme made and published

by the Secretary of State, and

(b)

make provision about such schemes, including the principles governing

such schemes.

(5)

The provision that may be made by regulations under this section includes,

among other things—

(a)

provision for charges to be payable only in specified circumstances;

(b)

provision about reductions, exemptions and waivers;

(c)

provision about how and when charges are to be paid;

(d)

provision about the collection or recovery of payments;

(e)

provision for the charging of interest on unpaid charges;

(f)

provision about the resolution of disputes relating to the payment of

charges, including provision for the making of appeals to a court or

tribunal.

(6)

Regulations under this section are subject to the negative resolution procedure.

(7)

Sums paid to the Secretary of State under this section are not required to be

paid into the Consolidated Fund.

Supplementary

141

Offences by bodies corporate

(1)

If an offence under this Part committed by a body corporate is proved—

(a)

to have been committed with the consent or connivance of an officer

of the body, or

(b)

to be attributable to any neglect on the part of such an officer,

the officer, as well as the body corporate, is guilty of the offence and liable

to be proceeded against and punished accordingly.

Page 142

(2)

In subsection (1) “officer”, in relation to a body corporate, means—

(a)

a director, manager, secretary or other similar officer of the body;

(b)

a person purporting to act in any such capacity.

(3)

If the affairs of a body corporate are managed by its members, subsection (1)

applies in relation to the acts and defaults of a member in connection with

the member’s functions of management as if the member were a director of

the body corporate.

142

Application of this Part to partnerships

(1)

If an offence under this Part committed by a partner (“P”) of a partnership

which is not regarded as a legal person is shown—

(a)

to have been committed with the consent or connivance of another

partner, or

(b)

to be attributable to any neglect on the part of another partner,

that other partner, as well as P, is guilty of the offence and liable to be

proceeded against and punished accordingly.

(2)

Proceedings for an offence under this Part alleged to have been committed

by a partnership which is regarded as a legal person may be brought against

the partnership in the firm name.

(3)

For the purposes of such proceedings—

(a)

rules of court relating to the service of documents have effect as if the

partnership were a body corporate, and

(b)

the following provisions apply as they apply in relation to a body

corporate—

(i)

section 33 of the Criminal Justice Act 1925 and Schedule 3 to

the Magistrates’ Courts Act 1980;

(ii)

sections 34(2), 66(6AA) and 72D(2) of the Criminal Procedure

(Scotland) Act 1995;

(iii)

section 18 of the Criminal Justice Act (Northern Ireland) 1945

(c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts

(Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(4)

A fine imposed on a partnership on its conviction of an offence under this

Part is to be paid out of the funds of the partnership.

(5)

If an offence under this Part committed by a partnership is proved—

(a)

to have been committed with the consent or connivance of a partner,

(b)

to be attributable to any neglect on the part of a partner,

the partner, as well as the partnership, is guilty of the offence and liable to

be proceeded against and punished accordingly.

(6)

In subsections (1) and (5) “partner” includes a person purporting to act as a

partner.

Page 143

(7)

For the purposes of this section a partnership is, or is not, “regarded as a

legal person” if it is, or is not, so regarded under the law of the country or

territory under which it was formed.

143

Application of this Part to unincorporated associations

(1)

In a case falling within subsection (2), an unincorporated association is to be

treated as a legal person for the purposes of this Part.

(2)

A case falls within this subsection if it relates to a labour market offence for

which it is possible to bring proceedings against an unincorporated association

in the name of the association.

(3)

Proceedings for an offence under this Part alleged to have been committed

by an unincorporated association may be brought against the association in

the name of the association.

(4)

For the purposes of such proceedings—

(a)

rules of court relating to the service of documents have effect as if the

association were a body corporate, and

(b)

the following provisions apply as they apply in relation to a body

corporate—

(i)

section 33 of the Criminal Justice Act 1925 and Schedule 3 to

the Magistrates’ Courts Act 1980;

(ii)

sections 34(2), 66(6AA) and 72D(2) of the Criminal Procedure

(Scotland) Act 1995;

(iii)

section 18 of the Criminal Justice Act (Northern Ireland) 1945

(c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts

(Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(5)

A fine imposed on the association on its conviction of an offence under this

Part is to be paid out of the funds of the association.

(6)

If an offence under this Part committed by an unincorporated association is

proved—

(a)

to have been committed with the consent or connivance of an officer

of the association, or

(b)

to be attributable to any neglect on the part of such an officer,

the officer, as well as the association, is guilty of the offence and liable to be

proceeded against and punished accordingly.

(7)

In subsection (6) “officer”, in relation to any association, means—

(a)

an officer of the association or a member of its governing body;

(b)

a person purporting to act in such a capacity.

Page 144

144

Application of this Part to the Crown and Parliament

(1)

Subject to the provisions of section 131 and this section, this Part is binding

on the Crown and applies in relation to any Crown premises as it applies in

relation to any other premises.

(2)

In this section “Crown premises” means premises held, or used, by or on

behalf of the Crown.

(3)

No contravention by the Crown of any provision made by this Part is to make

the Crown criminally liable; but the High Court or, in Scotland, the Court of

Session may declare unlawful any act or omission of the Crown which

constitutes such a contravention.

(4)

Despite subsection (3), the provisions of this Part apply to persons in the

public service of the Crown as they apply to other persons.

(5)

If the Secretary of State certifies that it appears appropriate in the interests

of national security that powers of entry conferred by this Part should not

be exercisable in relation to Crown premises specified in the certificate, those

powers are not exercisable in relation to those premises.

(6)

No power of entry conferred by this Part may be exercised in relation to—

(a)

land belonging to His Majesty in right of His private estates, or

(b)

premises occupied for the purposes of either House of Parliament.

(7)

In subsection (6)(a), the reference to His Majesty’s private estates is to be read

in accordance with section 1 of the Crown Private Estates Act 1862.

145

Abolition of existing enforcement authorities

(1)

The following are abolished—

(a)

the Gangmasters and Labour Abuse Authority;

(b)

the Director of Labour Market Enforcement.

(2)

Accordingly—

(a)

in the Gangmasters (Licensing) Act 2004, omit section 1 (the

Gangmasters and Labour Abuse Authority);

(b)

in Part 1 of the Immigration Act 2016 (labour market and illegal

working), omit section 1 (Director of Labour Market Enforcement).

146

Consequential and transitional provision

(1)

Schedule 10 contains consequential amendments relating to this Part.

(2)

Part 1 of Schedule 11 contains provision for the making of schemes for the

transfer of staff, property, rights and liabilities from the Gangmasters and

Labour Abuse Authority and the Director of Labour Market Enforcement to

the Secretary of State.

(3)

Part 2 of that Schedule contains other transitional and saving provision for

the purposes of this Part.

Page 145

Interpretation of this Part

147

Meaning of “non-compliance with relevant labour market legislation”

(1)

For the purposes of this Part, each of the following constitutes “non-compliance

with relevant labour market legislation”—

(a)

failure to comply with any requirement, restriction or prohibition

imposed by or under a provision of relevant labour market legislation;

(b)

breach of a condition of a licence granted under section 7 of the

Gangmasters (Licensing) Act 2004;

(c)

the commission of a labour market offence.

(2)

For the purposes of this Part, any requirement to pay a relevant sum within

the meaning of Part 2A of the Employment Tribunals Act 1996 is to be treated

as a requirement imposed by or under that Part; and a reference to enforcing

that Part is to be read accordingly.

148

Interpretation: general

(1)

In this Part—

“the Advisory Board” means the Advisory Board established under

section 90 ;

“ancillary offence” , in relation to an offence under any provision of

relevant labour market legislation, means—

(a)

an offence of attempting or conspiring to commit such an

offence;

(b)

an offence under Part 2 of the Serious Crime Act 2007 in

relation to such an offence;

(c)

an offence of inciting a person to commit such an offence;

(d)

an offence of aiding, abetting, counselling or procuring the

commission of such an offence;

“business” includes—

(a)

a trade or profession, and

(b)

any activity carried on by a body of persons (whether corporate

or unincorporated);

“employee” and “employer” have the same meaning as in the

Employment Rights Act 1996 (see section 230 of that Act);

“employers’ association” has the same meaning as in the Trade Union

and Labour Relations (Consolidation) Act 1992 (see section 122 of that

Act);

“enactment” means an enactment whenever passed or made, and

includes—

(a)

an enactment contained in subordinate legislation,

(b)

an enactment contained in, or in an instrument made under,

a Measure or Act of the National Assembly for Wales or an

Act of Senedd Cymru,

Page 146

(c)

an enactment contained in, or in an instrument made under,

an Act of the Scottish Parliament, and

(d)

an enactment contained in, or in an instrument made under,

Northern Ireland legislation;

“enforcement function” , in relation to the Secretary of State, has the

meaning given by section 88 ;

“enforcement officer” has the meaning given by section 87 (3) ;

“GCHQ” has the same meaning as in the Intelligence Services Act 1994;

“intelligence service” means—

(a)

the Security Service;

(b)

the Secret Intelligence Service;

(c)

GCHQ;

“labour market offence” means—

(a)

an offence under any provision of relevant labour market

legislation, or

(b)

an ancillary offence relating to such an offence;

“the liable party” , in relation to a notice of underpayment, has the

meaning given by section 100 (1) ;

“LME order” has the meaning given by section 120 (2);

“LME undertaking” has the meaning given by section 116 (3);

“non-compliance with relevant labour market legislation” has the meaning

given by section 147 ; and any reference to a failure to comply with

relevant labour market legislation is to be read accordingly;

“notice of underpayment” has the meaning given by section 100 (2) ;

“premises” has the meaning given by subsection (2);

“the relevant day” , in relation to a notice of underpayment, has the

meaning given by section 100 (1) ;

“relevant labour market legislation” means the labour market legislation

listed in Part 1 of Schedule 7 ;

“respondent” , in relation to an LME order, has the meaning given by

section 120 (2);

“statutory pay provision” has the meaning given by section 100 (7) ;

“subject” , in relation to an LME undertaking, has the meaning given by

section 116 (3);

“subordinate legislation” has the meaning given by section 21(1) of the

Interpretation Act 1978;

“trade union” has the same meaning as in the Trade Union and Labour

Relations (Consolidation) Act 1992 (see section 1 of that Act);

“underpaid individual” , in relation to a notice of underpayment, has the

meaning given by section 100 (1) ;

“worker” (except in section 99 ) has the same meaning as in the

Employment Rights Act 1996 (see section 230 of that Act), and a

reference to a person seeking work is to be read accordingly.

(2)

In this Part “premises” includes any place and, in particular, includes—

Page 147

(a)

any vehicle, vessel, aircraft or hovercraft;

(b)

any tent or movable structure;

(c)

any offshore installation;

(d)

any renewable energy installation.

(3)

In subsection (2)—

“offshore installation” has the same meaning as in the Mineral Workings

(Offshore Installations) Act 1971;

“renewable energy installation” has the meaning given by section 104 of

the Energy Act 2004.

Part 6

Miscellaneous and general

Tribunals

149

Increase in time limits for making claims

Schedule 12 makes amendments for the purpose of increasing time limits for

making claims in employment tribunals in Great Britain (and, in certain cases,

industrial tribunals in Northern Ireland) from three months to six months.

Regulations etc under Employment Rights Act 1996

150

Orders and regulations under Employment Rights Act 1996: procedure

In section 236 of the Employment Rights Act 1996 (orders and regulations),

after subsection (4) insert—

“(4A)

A statutory instrument containing an order or regulations under this

Act to which subsection (3) applies may include an order or regulations

under this Act to which subsection (3) would not otherwise apply.

(4B)

In such a case, the statutory instrument is to be proceeded with as if

all of the orders and regulations contained in it were orders or

regulations to which subsection (3) applies.”

Final provisions

151

Power to make consequential amendments

(1)

The Secretary of State may by regulations make provision that is consequential

on any provision made by this Act.

(2)

The power to make regulations under this section may, in particular, be

exercised by amending, repealing, revoking or otherwise modifying any

provision made by or under primary legislation passed before, or in the same

session of Parliament as, this Act.

Page 148

(3)

In this section “primary legislation” means—

(a)

an Act of Parliament;

(b)

a Measure or Act of the National Assembly for Wales or an Act of

Senedd Cymru;

(c)

an Act of the Scottish Parliament;

(d)

Northern Ireland legislation.

(4)

Regulations under this section that amend or repeal any primary legislation

are subject to the affirmative resolution procedure.

(5)

Any other regulations under this section are subject to the negative resolution

procedure.

152

Power to make transitional or saving provision

(1)

The Secretary of State may by regulations make such transitional or saving

provision as the Secretary of State considers appropriate in connection with

the coming into force of any provision of this Act.

(2)

Regulations under this section may (among other things)—

(a)

make provision in addition to, or different from, that made by this

Act;

(b)

make any adaptations of any provisions of this Act brought into force

that appear to be appropriate in consequence of other provisions of

this Act not yet having come into force.

153

Regulations

(1)

Any power of the Secretary of State or the Welsh Ministers to make regulations

under this Act is exercisable by statutory instrument.

(2)

For provision about the making of regulations under this Act by the Scottish

Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland)

Act 2010 (asp 10) (which provides for such regulations to be made by Scottish

statutory instrument).

(3)

Regulations under this Act may—

(a)

make different provision for different purposes or different areas;

(b)

contain supplementary, incidental, consequential, transitional or saving

provision.

(4)

Subsection (3) does not apply to regulations under section 156 (see instead

subsection (4) of that section).

(5)

Where regulations under this Act are subject to the “negative resolution

procedure”—

(a)

in the case of regulations of the Secretary of State, the statutory

instrument containing the regulations is subject to annulment in

pursuance of a resolution of either House of Parliament;

Page 149

(b)

in the case of regulations of the Welsh Ministers, the statutory

instrument containing the regulations is subject to annulment in

pursuance of a resolution of Senedd Cymru;

(c)

in the case of regulations of the Scottish Ministers, the regulations are

subject to the negative procedure (see section 28 of the Interpretation

and Legislative Reform (Scotland) Act 2010 (asp 10)).

(6)

Where regulations under this Act are subject to the “affirmative resolution

procedure”—

(a)

in the case of regulations of the Secretary of State, the regulations may

not be made unless a draft of the statutory instrument containing them

has been laid before Parliament and approved by a resolution of each

House of Parliament;

(b)

in the case of regulations of the Welsh Ministers, the regulations may

not be made unless a draft of the statutory instrument containing them

has been laid before, and approved by a resolution of, Senedd Cymru;

(c)

in the case of regulations of the Scottish Ministers, the regulations are

subject to the affirmative procedure (see section 29 of the Interpretation

and Legislative Reform (Scotland) Act 2010 (asp 10)).

(7)

Any provision that may be included by a person in an instrument under this

Act subject to the negative resolution procedure may be made by the person

by regulations subject to the affirmative resolution procedure.

154

Financial provision

There is to be paid out of money provided by Parliament—

(a)

any expenditure incurred under or by virtue of this Act by a person

holding office under His Majesty or by a government department, and

(b)

any increase attributable to this Act in the sums payable under any

other Act out of money so provided.

155

Extent

(1)

Except as set out below—

(a)

Parts 1, 2 and 4 of this Act extend to England and Wales and Scotland;

(b)

in Part 3—

(i)

Chapter 1 extends to England and Wales;

(ii)

Chapter 2 extends to England and Wales and Scotland;

(iii)

Chapter 3 extends to England and Wales, Scotland and

Northern Ireland;

(c)

Part 5 and this Part extend to England and Wales, Scotland and

Northern Ireland.

(2)

Sections 12 and 13 (statutory sick pay in Northern Ireland) extend to Northern

Ireland only.

Page 150

(3)

Section 30 (public sector outsourcing: protection of workers) extends to

England and Wales, Scotland and Northern Ireland.

(4)

Except as set out in subsection (5) , an amendment, repeal or revocation made

by this Act has the same extent within the United Kingdom as the provision

amended, repealed or revoked.

(5)

In Schedule 12 (increase in time limits for making claims)—

(a)

the amendments made by paragraph 9 (3) and (4) extend to Northern

Ireland only;

(b)

the amendments made by paragraphs 10 , 12 and 13 extend to England

and Wales and Scotland only.

156

Commencement

(1)

The following provisions of this Act come into force on the day on which

this Act is passed—

(a)

section 75 (repeal of provision about minimum service levels);

(b)

sections 151 to 155 , this section and section 157 .

(2)

The following provisions of this Act come into force at the end of the period

of two months beginning with the day on which this Act is passed—

(a)

section 58 (political funds: requirement to pass political resolution);

(b)

section 59 (requirement to contribute to political fund);

(c)

section 60 (deduction of trade union subscriptions from wages in

public sector);

(d)

section 63 (facility time: publication requirements and reserve powers);

(e)

section 64 (blacklists: additional powers);

(f)

section 66 (industrial action ballots: support thresholds);

(g)

section 67 (notice of industrial action ballot and sample voting paper

for employers);

(h)

section 68 (industrial action ballots: information to be included on

voting paper);

(i)

section 69 (period after which industrial action ballot ceases to be

effective);

(j)

section 70 (electronic balloting);

(k)

section 71 (notice to employers of industrial action);

(l)

section 72 (union supervision of picketing);

(m)

section 77 (union annual returns: removal of provision about political

expenditure);

(n)

section 79 (Certification Officer: removal of investigatory powers);

(o)

section 80 (Certification Officer: powers to be exercised only on

application);

(p)

section 81 (Certification Officer: removal of power to impose financial

penalties);

(q)

section 83 (Certification Officer: appeals to the Employment Appeal

Tribunal);

Page 151

(r)

section 84 (employment outside Great Britain);

(s)

section 86 (devolved Welsh authorities).

(3)

The other provisions of this Act come into force in accordance with regulations

made by the Secretary of State.

(4)

Regulations under subsection (3) may make different provision for different

purposes or different areas.

157

Short title

This Act may be cited as the Employment Rights Act 2025.

Page 152

Schedules

Schedule 1

Section 4

Agency workers: guaranteed hours and rights relating to shifts

Before Schedule 1 to the Employment Rights Act 1996 insert—

“Schedule A1

Section 27BV

Agency workers: guaranteed hours and rights relating to shifts

Part 1

Right to guaranteed hours

Right for qualifying agency workers to be offered guaranteed hours

(1)

A hirer must make a guaranteed hours offer to an agency worker in

accordance with paragraph 2 after the end of every period—

(a)

that is a reference period in relation to that agency worker and that

hirer, and

(b)

in relation to which the agency worker is a qualifying agency worker

of the hirer.

(2)

Paragraph 4 makes provision for exceptions to this duty, including in certain

cases where the agency worker stops working for and under the supervision

and direction of the hirer.

(3)

An agency worker is a qualifying agency worker of a hirer in relation to

a reference period if—

(a)

during the reference period the agency worker worked for and

under the supervision and direction of the hirer for a number of

hours (the “reference period hours”),

(b)

the reference period hours satisfy such conditions as to number,

regularity or otherwise as are specified, and

(c)

when the agency worker worked the reference period hours, it was

not as an excluded agency worker.

(4)

In relation to an agency worker and a hirer for and under the supervision

and direction of whom the agency worker works, each of the following is

a “reference period”—

(a)

the initial reference period, and

(b)

each subsequent reference period.

(5)

“The initial reference period”, in relation to an agency worker and a hirer

for and under the supervision and direction of whom the agency worker

works, means the period—

(a)

beginning with—

Page 153

(i)

where the agency worker is working for and under the

supervision and direction of the hirer on the day on which

sub-paragraph (1) comes into force (“the commencement

day”), the commencement day, or

(ii)

where the agency worker is not so working, the first day

after the commencement day on which the agency worker

is working for and under the supervision and direction of

the hirer, and

(b)

ending with the specified day.

(6)

A “subsequent reference period”, in relation to an agency worker and a

hirer for and under the supervision and direction of whom the agency

worker works, means a period beginning and ending with the specified

days.

(7)

For the purposes of this Part of this Schedule—

(a)

references to a “hirer” are to a person for and under the supervision

and direction of whom agency workers are supplied to work,

(b)

references to a “qualifying agency worker” are to an agency worker

who is a qualifying agency worker of a hirer in relation to a

reference period by virtue of sub-paragraph (3) , and

(c)

the reference period in relation to which the agency worker is a

qualifying agency worker of the hirer is referred to as “the relevant

reference period”.

(8)

Nothing in this Part of this Schedule prevents a hirer from making one or

more other offers to a qualifying agency worker to enter into a worker’s

contract, at the same time as making a guaranteed hours offer.

(9)

Regulations made under sub-paragraph (3) (b) , (5) or (6) may, in particular,

include provision to take account of time when an agency worker does not

work for a specified reason.

(10)

In this paragraph, “excluded agency worker” means an agency worker who

is of a specified description.

Requirements relating to a guaranteed hours offer

(1)

An offer by a hirer to a qualifying agency worker is a guaranteed hours

offer for the purposes of this Part of this Schedule if it is an offer to enter

into a worker’s contract and the worker’s contract will require the hirer to

provide the qualifying agency worker with work, and the qualifying agency

worker to do work, for a number of hours that reflects the reference period

hours in the relevant reference period.

(2)

The Secretary of State may by regulations provide that an offer by a hirer

to a qualifying agency worker is a guaranteed hours offer for the purposes

of this Part of this Schedule only if it also satisfies the condition in

sub-paragraph (3) .

(3)

The condition referred to in sub-paragraph (2) is that—

(a)

the offer sets out—

Page 154

(i)

the days of the week, and the times on those days, when

the offered number of hours are to be provided and worked,

(ii)

a working pattern of days, and times of day, by reference

to which the offered number of hours are to be provided

and worked, and

(b)

those days and times reflect, or that pattern reflects, when the

qualifying agency worker worked the reference period hours in the

relevant reference period.

(4)

Where no regulations are in force under sub-paragraph (2) that apply in

relation to an offer by a hirer to a qualifying agency worker, the offer is a

guaranteed hours offer for the purposes of this Part of this Schedule only

if it also proposes terms and conditions relating to when the offered number

of hours are to be provided and worked (which need not be on particular

days of the week, or at particular times on those days, or by reference to

a particular working pattern of days or times of day).

(5)

The Secretary of State may by regulations make provision about how it is

to be determined—

(a)

whether an offer reflects the number of hours worked by a

qualifying agency worker during a reference period;

(b)

where regulations are in force under sub-paragraph (2) that apply

in relation to an offer, whether the offer reflects when hours were

worked by a qualifying agency worker during a reference period.

(6)

A guaranteed hours offer—

(a)

must not propose a worker’s contract that is a limited-term contract

unless it is reasonable for it to be entered into as such a contract,

and

(b)

must (in addition to what is required by or under sub-paragraphs

(1) and (2) or sub-paragraphs (1) and (4) ) propose terms and

conditions of employment—

(i)

that, taken as a whole, are no less favourable than the terms

and conditions relating to matters other than working hours

and length of employment under which the qualifying

agency worker worked for and under the supervision and

direction of the hirer during the relevant reference period,

(ii)

where paragraph 3 applies, that comply with sub-paragraph

(2) of that paragraph.

(7)

For the purposes of sub-paragraph (6) (a) it is reasonable for a worker’s

contract to be entered into, between a hirer and a qualifying agency worker,

as a limited-term contract only if—

(a)

it is reasonable for the hirer to consider that the qualifying agency

worker is only needed to perform a specific task and the worker’s

contract provides for termination when the task has been performed,

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(b)

it is reasonable for the hirer to consider that the qualifying agency

worker is only needed until the occurrence of an event (or the failure

of an event to occur) and the worker’s 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 hirer to consider that there is only a

temporary need of a specified description (not falling within

paragraph (a) or (b) ) for the qualifying agency worker to do work

under the worker’s contract and the worker’s contract is to expire

at a time when it is reasonable for the hirer to consider that the

temporary need will come to an end.

(8)

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.

(9)

The Secretary of State may by regulations make provision about when a

guaranteed hours offer is to be treated as having been made.

(10)

In this paragraph, “reference period hours”, in relation to a qualifying

agency worker and a relevant reference period, has the same meaning as

in paragraph 1 (3) .

Requirements relating to a guaranteed hours offer: supplementary

(1)

This paragraph applies where, during the relevant reference period, the

terms and conditions relating to matters other than working hours and

length of employment under which the qualifying agency worker worked

for and under the supervision and direction of the hirer were not the same

throughout the relevant reference period.

(2)

Where this paragraph applies, the guaranteed hours offer may propose

terms and conditions of employment (in addition to what is required by

or under paragraph 2 (1) and (2) or paragraph 2 (1) and (4) ) that, taken as

a whole, are less favourable than the most favourable terms and conditions

relating to matters other than working hours and length of employment

that the qualifying agency worker had when working for and under the

supervision and direction of the hirer during the relevant reference period,

but only if—

(a)

those proposed terms and conditions, taken as a whole, are no less

favourable than the least favourable terms and conditions relating

to matters other than working hours and length of employment that

the qualifying agency worker had when working for and under the

supervision and direction of the hirer during the relevant reference

period, and

(b)

the proposal of those terms by the hirer constitutes a proportionate

means of achieving a legitimate aim.

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(3)

If a hirer relies on sub-paragraph (2) when making a guaranteed hours

offer to a qualifying agency worker, the hirer must give to the qualifying

agency worker a notice that—

(a)

states that the hirer has done so, and

(b)

explains how the proposed terms and conditions constitute a

proportionate means of achieving a legitimate aim.

(4)

A notice under sub-paragraph (3) must be given by no later than the same

day, and in the same form and manner, as the guaranteed hours offer (see

paragraph 2 (8) ).

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

(1)

The duty imposed by paragraph 1 (1) on a hirer in relation to a qualifying

agency worker does not apply if, during the relevant reference period or

the offer period, the qualifying agency worker stops working for and under

the supervision and direction of the hirer in relevant circumstances.

(2)

A guaranteed hours offer made by a hirer to a qualifying agency worker

is to be treated as having been withdrawn if, during the response period,

the qualifying agency worker stops working for and under the supervision

and direction of the hirer in relevant circumstances.

(3)

Relevant circumstances occur where—

(a)

the qualifying agency worker declines to continue working under

the supervision and direction of the hirer other than in circumstances

in which the qualifying agency worker is entitled to do so without

notice by reason of the hirer’s conduct;

(b)

the hirer tells the work-finding agency, or other person, that has

been supplying the qualifying agency worker to the hirer to stop

supplying the qualifying agency worker and—

(i)

the hirer’s reason for doing so (or, if more than one, the

hirer’s principal reason for doing so) is a qualifying reason,

and

(ii)

in the circumstances (including the size and administrative

resources of the hirer’s undertaking) the hirer has acted

reasonably in treating the reason (or the principal reason)

as a sufficient reason for telling the work-finding agency, or

other person, to stop supplying the qualifying agency worker.

(4)

In sub-paragraph (3) (b) , “qualifying reason”, in relation to a qualifying

agency worker, means a reason falling within sub-paragraph (5) or some

other substantial reason of a kind such as to justify telling a work-finding

agency, or other person, to stop supplying an agency worker doing work

of the kind which the qualifying agency worker was supplied to the hirer

to do.

(5)

A reason falls within this sub-paragraph if it—

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(a)

relates to the capability or qualifications of the qualifying agency

worker to do work of the kind which the qualifying agency worker

was supplied to the hirer to do,

(b)

relates to the conduct of the qualifying agency worker, or

(c)

is that the qualifying agency worker could not continue to do work

of the kind which the qualifying agency worker was supplied to

the hirer to do without contravention (whether on the part of the

qualifying agency worker, on the part of the hirer or on the part of

the work-finding agency or other person that supplied the qualifying

agency worker) of a duty or restriction imposed by or under any

legislation.

(6)

The Secretary of State may by regulations make provision for the duty

imposed by paragraph 1 (1) not to apply, or for a guaranteed hours offer

that has been made to be treated as having been withdrawn, in other

specified circumstances.

(7)

Where, by virtue of sub-paragraph (2) , a guaranteed hours offer made by

a hirer to a qualifying agency worker is treated as having been withdrawn,

the hirer must, by no later than the end of the response period, give a

notice to the qualifying agency worker stating this to be the case.

(8)

Where, by virtue of regulations under sub-paragraph (6) —

(a)

a hirer who would otherwise have been subject to the duty imposed

by paragraph 1 (1) in relation to a qualifying agency worker and a

particular reference period is not required to make a guaranteed

hours offer to the qualifying agency worker, or

(b)

a guaranteed hours offer made by a hirer to a qualifying agency

worker is treated as having been withdrawn,

the hirer must give a notice to the qualifying agency worker that states

which provision of the regulations has produced the effect referred to in

paragraph (a) or (b) (as the case may be).

(9)

A notice under sub-paragraph (8) must be given by a hirer to a qualifying

agency worker—

(a)

where it is required to be given by virtue of paragraph (a) of that

sub-paragraph, by no later than the end of the offer period;

(b)

where it is required to be given by virtue of paragraph (b) of that

sub-paragraph, 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 sub-paragraph (7) or

(8) must be given;

(b)

when a notice under sub-paragraph (7) or (8) is to be treated as

having been given.

(11)

In this paragraph—

“capability” , in relation to a qualifying agency worker, means the

qualifying agency worker’s capability assessed by reference to skill,

aptitude, health or any other physical or mental quality;

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“the offer period” , in relation to a qualifying agency worker and the

hirer for and under the supervision and direction of whom the

agency worker worked, 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 agency worker by the hirer, or

(b)

if no guaranteed hours offer is made before the day specified

under paragraph 2 (8) (a) as the last day on which the hirer

may make such an offer to the qualifying agency worker,

that last day;

“qualifications” , in relation to a qualifying agency worker, means any

degree, diploma or other academic, technical or professional

qualification relevant to the work which the qualifying agency

worker is supplied to the hirer to do;

“the response period” , in relation to a guaranteed hours offer made

to a qualifying agency worker, means the period—

(a)

beginning with the day after the day on which the offer is

made, and

(b)

ending with the specified day.

Acceptance or rejection of a guaranteed hours offer

(1)

Where a hirer makes a guaranteed hours offer to a qualifying agency worker

and the offer is not treated as having been withdrawn by virtue of

paragraph 4 (2) or regulations under paragraph 4 (6) , the qualifying agency

worker may, by giving notice to the hirer before the end of the response

period, accept or reject the offer.

(2)

Where a qualifying agency worker gives notice under sub-paragraph (1)

accepting an offer, the qualifying agency worker and the hirer that made

the offer 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.

(3)

But a qualifying agency worker and a hirer may agree, for the purposes

of sub-paragraph (2) , that the worker’s contract is to be treated as being

entered into on a later day than the day mentioned in that sub-paragraph.

(4)

If a qualifying agency worker to whom a guaranteed hours offer has been

made does not give notice under sub-paragraph (1) before the end of the

response period, the qualifying agency worker is to be treated as having

rejected the offer.

(5)

The Secretary of State may by regulations make provision about—

(a)

the form and manner in which notice under sub-paragraph (1) must

be given by a qualifying agency worker to a hirer;

(b)

when notice given by a qualifying agency worker to a hirer under

sub-paragraph (1) is to be treated as having been given.

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(6)

In this paragraph, “the response period” has the same meaning as in

paragraph 4 .

(7)

Where—

(a)

a hirer is permitted by section 27BY (3) to withdraw a guaranteed

hours offer (withdrawal of offer following incorporation of terms

of collective agreement), and

(b)

the hirer withdraws the offer by giving notice under that section,

sub-paragraph (1) of this paragraph ceases to apply in relation to the offer

when the notice is given.

Information about rights conferred by Part

(1)

Where—

(a)

a work-finding agency has a worker’s contract or an arrangement

with an agency worker by virtue of which the agency worker is (or

is to be) supplied to work for and under the supervision and

direction of a hirer, and

(b)

it is reasonable to consider that the agency worker might become

a qualifying agency worker of a hirer in relation to a reference

period (whether the initial reference period, or a subsequent

reference period, as defined in paragraph 1 ),

the work-finding agency must take reasonable steps, within the initial

information period, to ensure that the agency worker is aware of specified

information relating to the rights conferred on agency workers by this Part

of this Schedule.

(2)

A work-finding agency that is subject to the duty in sub-paragraph (1) in

relation to an agency worker must take reasonable steps to ensure that,

after the end of the initial information period, the agency worker continues

to have access to the specified information referred to in that sub-paragraph

at all times when—

(a)

the worker’s contract or (as the case may be) the arrangement so

referred to continues to be in force, and

(b)

it is reasonable to consider that the agency worker might become

(or might again become) a qualifying agency worker of a hirer in

relation to a reference period.

(3)

“The initial information period”, in relation to an agency worker and the

work-finding agency with which the agency worker has a worker’s contract

or an arrangement by virtue of which the agency worker is (or is to be)

supplied to work for and under the supervision and direction of a hirer,

means the period of two weeks beginning with—

(a)

where the worker’s contract or arrangement is in force on the day

on which paragraph 1 (1) comes into force (“the commencement

day”), the commencement day, or

(b)

where it is not in force on that day, the first day after the

commencement day on which it is in force.

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(4)

But where, on the day referred to in sub-paragraph (3) (a) or (b) , it was not

reasonable to consider that the agency worker might become a qualifying

agency worker of a hirer in relation to any reference period, sub-paragraph

(3) is to be read as if it provided for “the initial information period” to

mean the period of two weeks beginning with the day on which it becomes

reasonable so to consider.

Complaints to employment tribunals against a hirer: grounds

(1)

An agency worker may present a complaint to an employment tribunal

that—

(a)

the duty imposed by paragraph 1 (1) applies to a hirer in relation

to the agency worker and a particular reference period, but

(b)

by the end of the last day of the offer period, the hirer has not made

an offer to enter into a worker’s contract in compliance (or purported

compliance) with that duty (whether because the hirer does not

consider that the agency worker is a qualifying agency worker in

relation to the reference period or for any other reason).

(2)

An agency worker may present a complaint to an employment tribunal

that—

(a)

the duty imposed by paragraph 1 (1) applies to a hirer in relation

to the agency worker and a particular reference period, but

(b)

the offer that the hirer has made to the agency worker in relation

to that reference period to enter into a worker’s contract is not a

guaranteed hours offer as described in—

(i)

where regulations are in force under sub-paragraph (2) of

paragraph 2 that apply in relation to the offer,

sub-paragraphs (1) and (3) of that paragraph (read with any

regulations in force under sub-paragraph (5) (a) or (b) of that

paragraph), or

(ii)

where no regulations are in force under sub-paragraph (2)

of paragraph 2 that apply in relation to the offer,

sub-paragraphs (1) and (4) of that paragraph (read with any

regulations in force under sub-paragraph (5) (a) of that

paragraph).

(3)

An agency worker may present a complaint to an employment tribunal

that—

(a)

the duty imposed by paragraph 1 (1) applies to a hirer in relation

to the agency worker and a particular reference period, but

(b)

the guaranteed hours offer that the hirer has made to the agency

worker in relation to that reference period does not comply with

paragraph 2 (6) .

(4)

An agency worker may present a complaint to an employment tribunal

that—

(a)

the duty imposed by paragraph 1 (1) applies to a hirer in relation

to the agency worker and a particular reference period, but

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(b)

the guaranteed hours offer that the hirer has made to the agency

worker in relation to that reference period is on terms requiring the

hirer to provide, and the agency worker to do, less work than would

have been the case if the hirer had not, during that reference

period—

(i)

limited (by whatever means) the number of hours of work

that the agency worker was requested or required, by virtue

of a worker’s contract or arrangement between the agency

worker and a work-finding agency, to work for and under

the supervision and direction of the hirer, or

(ii)

caused the agency worker to be requested or required, by

virtue of a worker’s contract or arrangement between the

agency worker and a work-finding agency, to work for and

under the supervision and direction of the hirer in the way

that the agency worker was,

for the sole or main purpose of the hirer being able to comply with

the duty by making such a reduced offer.

(5)

An agency worker may present a complaint to an employment tribunal

that the duty imposed by paragraph 1 (1) would have applied to a hirer in

relation to the agency worker and a particular reference period if the hirer

had not, during that reference period—

(a)

limited (by whatever means) the number of hours of work that the

agency worker was requested or required, by virtue of a worker’s

contract or arrangement between the agency worker and a

work-finding agency, to work for and under the supervision and

direction of the hirer, or

(b)

caused the agency worker to be requested or required, by virtue of

a worker’s contract or arrangement between the agency worker and

a work-finding agency, to work for and under the supervision and

direction of the hirer in the way that the agency worker was,

for the sole or main purpose of preventing the agency worker from

satisfying, in relation to that reference period, the condition in paragraph

1 (3) (a) or (b) .

(6)

A complaint under sub-paragraph (2) , (3) or (4) —

(a)

may be presented whether or not the offer in question has been

accepted by the agency worker, but

(b)

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

(i)

treated as having been withdrawn by virtue of paragraph

4 (2) or regulations under paragraph 4 (6) , or

(ii)

withdrawn in accordance with section 27BY (3) (withdrawal

of offer following incorporation of terms of collective

agreement).

(7)

An agency worker may present a complaint to an employment tribunal

that a hirer—

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(a)

has failed to give to the agency worker a notice under paragraph

4 (7) or (8) ;

(b)

has given to the agency worker a notice under paragraph 4 (7) or

(8) (b) in circumstances in which the hirer should not have done so;

(c)

has given to the agency worker a notice in purported compliance

with paragraph 4 (8) that does not refer to any provision of the

regulations or refers to the wrong provision.

(8)

In this paragraph, “the last day of the offer period”, in relation to a reference

period, means the day specified under paragraph 2 (8) (a) as the last day on

which a guaranteed hours offer may be made in relation to that reference

period.

Complaints to employment tribunals against a work-finding agency: grounds

(1)

An agency worker may present a complaint to an employment tribunal,

against a relevant work-finding agency, that—

(a)

the duty imposed by paragraph 1 (1) applies to a hirer in relation

to the agency worker and a particular reference period, but

(b)

during that reference period the relevant work-finding agency—

(i)

limited (by whatever means, including termination of a

worker’s contract or an arrangement) the number of hours

of work that the agency worker was requested or required,

by virtue of a worker’s contract or arrangement between the

agency worker and the relevant work-finding agency, to

work for and under the supervision and direction of the

hirer, or

(ii)

caused the agency worker to be requested or required, by

virtue of a worker’s contract or arrangement between the

agency worker and the relevant work-finding agency, to

work for and under the supervision and direction of the

hirer in the way that the agency worker was,

for the sole or main purpose of enabling the hirer to comply with

the duty by making an offer to the agency worker on terms requiring

the hirer to provide, and the agency worker to do, less work than

would otherwise have been the case.

(2)

An agency worker may present a complaint to an employment tribunal,

against a relevant work-finding agency, that the duty imposed by paragraph

1 (1) would have applied to a hirer in relation to the agency worker and a

particular reference period if the relevant work-finding agency had not,

during that reference period—

(a)

limited (by whatever means, including termination of a worker’s

contract or an arrangement) the number of hours of work that the

agency worker was requested or required, by virtue of a worker’s

contract or arrangement between the agency worker and the relevant

work-finding agency, to work for and under the supervision and

direction of the hirer, or

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(b)

caused the agency worker to be requested or required, by virtue of

a worker’s contract or arrangement between the agency worker and

the relevant work-finding agency, to work for and under the

supervision and direction of the hirer in the way that the agency

worker was,

for the sole or main purpose of preventing the agency worker from

satisfying, in relation to that reference period, the condition in paragraph

1 (3) (a) or (b) .

(3)

A complaint under sub-paragraph (1) —

(a)

may be presented whether or not an offer has been made by the

hirer to the agency worker and, if it has, whether or not the offer

has been accepted by the agency worker, but

(b)

where an offer has been made, may not be presented where the

offer is—

(i)

treated as having been withdrawn by virtue of paragraph

4 (2) or regulations under paragraph 4 (6) , or

(ii)

withdrawn in accordance with section 27BY (3) (withdrawal

of offer following incorporation of terms of collective

agreement).

(4)

For the purposes of sub-paragraphs (1) and (2) , references to a “relevant

work-finding agency”, in relation to an agency worker, a hirer and a

reference period, are to a work-finding agency with which the agency

worker had a worker’s contract or arrangement by virtue of which the

agency worker was (or could have been) supplied to work for and under

the supervision and direction of the hirer during the reference period in

question.

(5)

An agency worker may present a complaint to an employment tribunal

that a work-finding agency has failed to comply with—

(a)

the duty imposed by paragraph 6 (1) ;

(b)

the duty imposed by paragraph 6 (2) .

Complaints to employment tribunals: time limits

(1)

An employment tribunal must not consider a complaint under paragraph

7 (1) unless it is presented before the end of the period of six months

beginning with the day after the last day of the offer period (as defined in

paragraph 7 (8) ).

(2)

An employment tribunal must not consider a complaint under paragraph

7 (2) unless it is presented before the end of the period of six months

beginning with the day after the day when the offer referred to in that

provision is made.

(3)

An employment tribunal must not consider a complaint under paragraph

7 (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.

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(4)

An employment tribunal must not consider a complaint under paragraph

7 (5) or 8 (2) 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 paragraph 7 (8) ) if the duty in paragraph 1 (1)

had applied.

(5)

An employment tribunal must not consider a complaint under paragraph

7 (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 paragraph 4 (7) and (9) ).

(6)

An employment tribunal must not consider a complaint under paragraph

7 (7) (b) or (c) relating to a notice unless it is presented before the end of

the period of six months beginning with the day after the day on which

the notice is given.

(7)

An employment tribunal must not consider a complaint under paragraph

8 (1) unless it is presented before the end of the period of six months

beginning with the day after the last day of the offer period (as defined in

paragraph 7 (8) ).

(8)

An employment tribunal must not consider a complaint under paragraph

8 (5) (a) unless it is presented before the end of the period of six months

beginning with the day after the last day of the initial information period

(see paragraph 6 (3) and (4) ).

(9)

An employment tribunal must not consider a complaint under paragraph

8 (5) (b) unless it is presented before the end of the period of six months

beginning with the day on which the agency worker first becomes aware

of the failure to which the complaint relates.

(10)

But, if the employment tribunal is satisfied that it was not reasonably

practicable for a complaint under paragraph 7 or 8 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.

(11)

Section 207B (extension of time limits to facilitate conciliation before

institution of proceedings) applies for the purposes of sub-paragraphs (1)

to (9) .

Remedies

(1)

Where an employment tribunal finds a complaint under paragraph 7 or 8

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 respondent

to the agency worker.

(2)

The amount of compensation under sub-paragraph (1) (b) is to be such

amount, not exceeding the permitted maximum, as the tribunal considers

just and equitable in all the circumstances to compensate the agency worker

Page 165

for any financial loss sustained by the agency worker which is attributable

to the matter complained of.

(3)

In ascertaining the financial loss sustained, the tribunal must apply the

same rule concerning the duty of a person to mitigate their loss as applies

to damages recoverable under the common law of England and Wales or

(as the case may be) Scotland.

(4)

For the purposes of sub-paragraph (2) , “the permitted maximum” is—

(a)

where the complaint is under paragraph 7 (1) , (2) , (3) or (7) or 8 (5)

, such number of weeks’ pay as the Secretary of State may specify

in regulations;

(b)

where the complaint is under paragraph 7 (4) or (5) or 8 (1) or (2)

, such amount as the Secretary of State may specify in regulations.

(5)

For the purposes of determining the permitted maximum for an award of

compensation to be paid by a hirer (where the complaint is under paragraph

7 (1) , (2) , (3) or (7) )—

(a)

the amount of a week’s pay is (subject to paragraph (b) ) the amount

of average weekly remuneration received by the agency worker for

working for and under the supervision and direction of the hirer

in the reference period in question;

(b)

the amount of a week’s pay is not to exceed the amount specified

in section 227(1) (as amended from time to time).

(6)

For the purposes of determining the permitted maximum for an award of

compensation to be paid by a work-finding agency (where the complaint

is under paragraph 8 (5) )—

(a)

the amount of a week’s pay is (subject to paragraph (b) ) the amount

of average weekly remuneration received by the agency worker, in

the relevant period, for working for and under the supervision and

direction of a hirer (or, if more than one, all of the hirers taken

together) by virtue of the worker’s contract or arrangement between

the work-finding agency and the agency worker;

(b)

the amount of a week’s pay is not to exceed the amount specified

in section 227(1) (as amended from time to time);

(c)

“the relevant period” means—

(i)

where the worker’s contract or arrangement between the

agency worker and the work-finding agency ceased to be in

force on or before the date the complaint was presented to

the employment tribunal, the period of 12 weeks (or, if it

was not in force for 12 weeks, the shorter period for which

it was in force) ending with the latest day before the last

day on which it was in force on which the agency worker

worked for and under the supervision and direction of the

hirer, or (if more than one) one of the hirers, referred to in

paragraph (a) ;

(ii)

where the worker’s contract or arrangement between the

agency worker and the work-finding agency did not so cease

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to be in force, the period of 12 weeks (or, if it had not then

been in force for 12 weeks, the shorter period for which it

had been in force) ending with the latest day before the date

on which the complaint was presented to the employment

tribunal on which the agency worker worked for and under

the supervision and direction of the hirer, or (if more than

one) one of the hirers, referred to in paragraph (a) ;

(d)

Chapter 2 of Part 14 does not apply (and this paragraph applies

instead), where the agency worker to whom compensation is to be

paid is an employee of the work-finding agency.

Power to change the effect of Part

(1)

The Secretary of State may by regulations make provision that, in relation

to specified descriptions of agency workers, has the effect that—

(a)

a hirer is not required by this Part of this Schedule to make a

guaranteed hours offer, and

(b)

a work-finding agency, or another person involved in the supply

or payment of an agency worker, is instead required to make a

corresponding or similar offer (and is liable to have a complaint

against them presented to an employment tribunal on grounds

corresponding or similar to those in paragraph 7 ).

(2)

The provision referred to in sub-paragraph (1) may be made by amending

this Act (or otherwise).

(3)

Regulations under sub-paragraph (1) may make consequential provision,

including provision amending—

(a)

an Act of Parliament (including this Act);

(b)

a Measure or Act of the National Assembly for Wales or an Act of

Senedd Cymru;

(c)

an Act of the Scottish Parliament.

Part 2

Shifts: rights to reasonable notice

Application of Part

(1)

This Part of this Schedule applies in relation to a shift that would be (or

would have been) worked, or is being worked, by an individual as an

agency worker.

(2)

But nothing in this Part of this Schedule applies in relation to a shift that

would be (or would have been) worked, or is being worked, by an

individual as an agency worker if, in relation to the agency worker, the

shift is an excluded shift.

(3)

For the purposes of this Part of this Schedule, “excluded shift”, in relation

to an agency worker, means a shift of a specified description.

Page 167

(4)

Regulations under sub-paragraph (3) may, in particular, specify a description

of shift by reference to—

(a)

the amount payable for working the shift being more than a

specified amount;

(b)

the number of hours to be worked during the shift, whether alone

or taken together with other shifts of a specified description, being

more than a specified number;

(c)

the shift corresponding to the time of a shift provided for by a

worker’s contract between the agency worker and a work-finding

agency or another person involved in the supply or payment of the

agency worker (and where the regulations so specify a description

of shift, the regulations may include provision similar or

corresponding to section 27BJ (6) ).

(5)

In the application of this Part of this Schedule in relation to an agency

worker and a shift, references to—

(a)

“the work-finding agency” are to the work-finding agency with

which the agency worker has a worker’s contract or an arrangement

and by virtue of which the agency worker would work (or would

have worked) or is working the shift;

(b)

“the hirer” are to the person for and under the supervision and

direction of whom the agency worker would work (or would have

worked) or is working the shift.

Right to reasonable notice of a shift

(1)

An agency worker is entitled to be given, by the work-finding agency or

the hirer, reasonable notice of a shift that the agency worker is requested

or required to work by virtue of the worker’s contract or arrangement that

the agency worker has with the work-finding agency.

(2)

It is to be presumed, unless the contrary is shown, that notice of a shift is

not reasonable notice if it is given less than a specified amount of time

before the shift is due to start.

(3)

In this paragraph and paragraphs 14 and 15 , “notice of a shift” means notice

of how many hours are to be worked during the shift and when the shift

is to start and end.

Right to reasonable notice of cancellation of or change to a shift

(1)

Sub-paragraph (2) applies in relation to an agency worker where—

(a)

the agency worker has been given notice of a shift by the

work-finding agency or the hirer, and

(b)

where the shift is one that the agency worker has been requested

(rather than required) to work, the agency worker has agreed to

work it.

(2)

The agency worker is entitled to be given, by the work-finding agency or

the hirer, reasonable notice of—

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(a)

the cancellation of the shift;

(b)

any change requested or required by virtue of the worker’s contract

or arrangement that the agency worker has with the work-finding

agency consisting of—

(i)

a change to when the shift is to start or end;

(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 paragraph 17 ).

(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 the

purposes of sub-paragraph (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 sub-paragraph (2) if it is given less than 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 for the

purposes of sub-paragraph (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.

Paragraphs

(1)

The work-finding agency is liable for a breach of paragraph 13 or 14 , in

relation to an agency worker and a shift, to the extent that it is responsible

for the breach.

(2)

The hirer is liable for a breach of paragraph 13 or 14 , in relation to an

agency worker and a shift, to the extent that it is responsible for the breach.

(3)

For the purposes of this Part of this Schedule, the hirer is not responsible

for a breach of paragraph 13 or 14 in relation to an agency worker and a

shift (and accordingly is not liable for the breach) if—

(a)

the hirer gives notice to the work-finding agency of the shift or (as

the case may be) of the cancellation of, or change to, the shift, and

(b)

that notice is such as to enable the work-finding agency to give

reasonable notice to the agency worker under paragraph 13 or 14 .

(4)

The Secretary of State may by regulations provide, in relation to an agency

worker and a shift, that the work-finding agency is solely responsible for

a breach of paragraph 13 or 14 (and accordingly is solely liable for the

breach) where the hirer is a person of a specified description.

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Paragraphs

(1)

Where an agency worker suggests working a shift and the work-finding

agency or the hirer agrees to the suggestion—

(a)

nothing in paragraph 13 applies in relation to the shift as suggested

by the agency worker, but

(b)

paragraph 14 (2) applies (even though the conditions in paragraph

14 (1) have not been met).

(2)

In paragraphs 13 and 14 , references to a request made to an agency worker

to work a shift include a request (a “multi-worker request”) made to the

agency worker and one or more others in circumstances where not all of

those to whom the request is made are needed to work the shift.

(3)

For the purposes of paragraph 14 , where a multi-worker request has been

made to an agency worker in relation to a shift, references to the cancellation

of the shift include the agency worker not being needed to work the shift

because one or more others have agreed to work it.

(4)

The Secretary of State may by regulations make provision about—

(a)

the form and manner in which notices under paragraphs 13 to 15

must be given;

(b)

when notice under those paragraphs is to be treated as having been

given.

Interaction with Part 3 of Schedule

(1)

Where a work-finding agency—

(a)

is required to make a payment to an agency worker under paragraph

21 (1) in relation to a shift that is cancelled, moved or curtailed at

short notice, or

(b)

would have been required to make such a payment in relation to

the shift but for provision made under paragraph 23 (1) (c) ,

nothing in paragraph 14 (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.

(2)

Terms used in this paragraph have the same meaning as in paragraph 21 .

Complaints to employment tribunals

(1)

An agency worker may present a complaint to an employment tribunal

that the work-finding agency or the hirer is liable for a breach of paragraph

13 or 14 in relation to the agency worker and a shift.

(2)

Where, in determining whether a complaint under this paragraph 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.

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(3)

An employment tribunal must not consider a complaint under this

paragraph unless it is presented before the end of the period of six months

beginning with—

(a)

where the complaint is that the work-finding agency or the hirer is

liable for a breach of paragraph 13 in relation to the agency worker

and a shift, the day on which the shift was due to start;

(b)

where the complaint is that the work-finding agency or the hirer is

liable for a breach of paragraph 14 (2) in relation to the agency

worker and 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 work-finding agency or the hirer is

liable for a breach of paragraph 14 (2) in relation to the agency

worker and 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

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

institution of proceedings) applies for the purposes of sub-paragraph (3) .

Remedies

(1)

Where an employment tribunal finds a complaint under paragraph 18

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 respondent

to the agency worker.

(2)

The amount of compensation under sub-paragraph (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

compensate the agency worker for any financial loss sustained by the

agency worker which is attributable to the matter complained of.

(3)

In ascertaining the financial loss sustained, the tribunal must apply the

same rule concerning the duty of a person to mitigate their loss as applies

to damages recoverable under the common law of England and Wales or

(as the case may be) Scotland.

(4)

Where an employment tribunal makes an award of compensation under

sub-paragraph (1) (b) to an agency worker in relation to a shift and both

the work-finding agency and the hirer are respondents, the amount of

compensation payable by each respondent is to be such amount (if any)

as the tribunal considers just and equitable having regard to the extent of

each respondent’s responsibility for the breach to which the complaint

relates.

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Part 3

Right to payment for cancelled, moved and curtailed shifts

Application of Part 3 of Schedule

(1)

This Part of this Schedule applies in relation to a shift that would be (or

would have been) worked, or is being worked, by an individual as an

agency worker.

(2)

In the application of this Part of this Schedule in relation to an agency

worker and a shift, references to—

(a)

“the work-finding agency” are to the work-finding agency with

which the agency worker has a worker’s contract or an arrangement

and by virtue of which the agency worker would work (or would

have worked) or is working the shift;

(b)

“the hirer” are to the person for and under the supervision and

direction of whom the agency worker would work (or would have

worked) or is working the shift.

Right to payment for a cancelled, moved or curtailed shift

(1)

A work-finding agency must make a payment of a specified amount to an

agency worker each time that, by virtue of the worker’s contract or

arrangement that the agency worker has with the work-finding agency,

there is a cancellation, movement or curtailment at short notice of a shift—

(a)

that the agency worker has been informed they are required to work

for the hirer (by virtue of that worker’s contract or arrangement),

(b)

that the agency worker has been requested to work for the hirer

(by virtue of that worker’s contract or arrangement) and the agency

worker has agreed to work, or

(c)

that the agency worker has suggested working for the hirer and it

has been agreed (by virtue of that worker’s contract or arrangement)

that the agency worker is to work,

(but see paragraph 23 for exceptions to this duty).

(2)

A payment that a work-finding agency is required to make under

sub-paragraph (1) must be made by no later than the specified day.

(3)

For the purposes of this Part of this Schedule, “short notice” means—

(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 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

Page 172

(ii)

when the shift is due to start (having been moved, or moved

and curtailed);

(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 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—

(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)

The Secretary of State may by regulations make provision about when

notice of the cancellation, movement or curtailment of a shift is to be treated

as having been given to an agency worker for the purposes of this Part of

this Schedule.

(5)

In this Part of this Schedule, 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.

(6)

In this Part of this Schedule, references to a request made to an agency

worker to work a shift include a request (a “multi-worker request”) made

to the agency worker and one or more others in circumstances where not

all of those to whom the request is made are needed to work the shift.

(7)

For the purposes of this Part of this Schedule, where a multi-worker request

has been made to an agency worker in relation to a shift, references to the

cancellation of the shift include the agency worker not being needed to

work the shift because one or more others have agreed to work it.

Regulations under paragraph

(1)

Regulations under paragraph 21 (1) may not specify an amount to be paid

to an agency 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 which

the agency 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 shift”) before it

was moved, or moved and curtailed, the amount of remuneration

to which the agency worker would have been entitled had they

worked the original shift;

Page 173

(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 curtailed,

corresponds to the time of the original shift (but part does not), the

amount of remuneration to which the agency 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;

(d)

where the shift is—

(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,

the amount of remuneration to which the agency worker would

have been entitled had they worked the hours that will not be

worked because of the curtailment, or the movement and

curtailment.

(2)

Regulations under paragraph 21 (1) may, in particular, include provision

specifying different amounts depending on the amount of notice that was

given of the cancellation, movement or curtailment.

(3)

Regulations under paragraph 21 (3) may not specify an amount of time that

exceeds 7 days.

Exceptions to duty to make payment for a cancelled, moved or curtailed shift

(1)

The requirement to make a payment under paragraph 21 (1) does not

apply—

(a)

in relation to the cancellation, movement or curtailment of a shift

if, in relation to the agency worker, the shift is an excluded shift;

(b)

in relation to the cancellation, movement or curtailment of a shift

that an agency worker has been requested to work, unless the agency

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 (whether circumstances relating to

the work-finding agency, the hirer or otherwise).

(2)

In sub-paragraph (1) (a) , “excluded shift”, in relation to an agency worker,

means a shift of a specified description.

(3)

Regulations under sub-paragraph (2) may, in particular, specify a description

of shift by reference to—

(a)

the amount payable for working the shift being more than a

specified amount;

(b)

the number of hours to be worked during the shift, whether alone

or taken together with other shifts of a specified description, being

more than a specified number;

Page 174

(c)

the shift corresponding to the time of a shift provided for by a

worker’s contract between the agency worker and a work-finding

agency or another person involved in the supply or payment of the

agency worker (and where the regulations so specify a description

of shift, the regulations may include provision similar or

corresponding to section 27BP (4) ).

(4)

Where, by virtue of regulations made under sub-paragraph (1) (c) , a

work-finding agency is not required to make a payment to an agency

worker in relation to a shift under paragraph 21 (1) , the work-finding agency

must give a notice to the agency worker that—

(a)

states which provision of the regulations has produced the effect

that the work-finding agency is not required to make the payment,

and

(b)

explains why the work-finding agency was entitled to rely on that

provision so as not to make the payment to the agency worker

under paragraph 21 (1) .

(5)

But sub-paragraph (4) does not require a work-finding agency to disclose—

(a)

any information the disclosure of which by the work-finding agency

would contravene the data protection legislation (but in determining

whether a disclosure would do so, the duty imposed by that

sub-paragraph is to be taken into account);

(b)

any information that is commercially sensitive;

(c)

any information the disclosure of which by the work-finding agency

would constitute a breach of a duty of confidentiality owed by the

work-finding agency to any other person.

(6)

In sub-paragraph (5) (a) “the data protection legislation” has the same

meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).

(7)

The Secretary of State may by regulations make provision about—

(a)

the form and manner in which a notice under this paragraph must

be given;

(b)

the day on or before which it must be given;

(c)

when a notice under this paragraph is to be treated as having been

given.

(8)

The duty in sub-paragraph (4) does not apply if, before the day on or before

which the notice must be given, the work-finding agency or another person

has paid to the agency worker an amount in relation to a number of hours

that is at least equal to the amount of the payment that the work-finding

agency would have been required to make to the agency worker under

paragraph 21 (1) in relation to the same number of hours but for regulations

made under sub-paragraph (1) (c) .

(9)

Sub-paragraph (4) of paragraph 24 applies for the purposes of

sub-paragraph (8) of this paragraph as it applies for the purposes of

sub-paragraphs (2) and (3) of that paragraph.

Page 175

Contractual remuneration

(1)

The right of an agency worker to receive a payment from a work-finding

agency under paragraph 21 (1) does not affect any right of the agency worker

in relation to remuneration under a worker’s contract (whether with the

work-finding agency or another person) (“contractual remuneration”).

(2)

Any contractual remuneration paid to an agency worker in relation to a

number of hours goes towards discharging any liability of the work-finding

agency to make a payment to the agency worker under paragraph 21 (1)

in relation to the same hours.

(3)

Any payment made by a work-finding agency to an agency worker under

paragraph 21 (1) in relation to a number of hours goes towards discharging

any liability to pay contractual remuneration to the agency worker in

relation to the same hours.

(4)

For the purposes of sub-paragraphs (2) and (3) , the hours to which a

payment under paragraph 21 (1) relates are—

(a)

where a shift has been cancelled, the hours that would have been

worked (by virtue of the worker’s contract or arrangement between

the work-finding agency and the agency worker) if the shift had

not been cancelled;

(b)

where a shift has been 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 shift”) before it

was moved, or moved and curtailed, the hours that would have

been worked (by virtue of the worker’s contract or arrangement

between the work-finding agency and the agency worker) during

the original shift;

(c)

where a shift has been moved, or moved and curtailed (at the 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 (by virtue of the worker’s

contract or arrangement between the work-finding agency and the

agency worker) during the part of the original shift that does not

correspond to the shift as moved, or as moved and curtailed;

(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,

the hours that would have been worked (by virtue of the worker’s

contract or arrangement between the work-finding agency and the

agency worker) if the shift had not been curtailed, or moved and

curtailed.

Page 176

Complaints to employment tribunal

(1)

An agency worker may present a complaint to an employment tribunal

that, in relation to a shift, the work-finding agency—

(a)

has failed to make the whole or any part of a payment that the

work-finding agency is liable to make to the agency worker under

paragraph 21 (1) ;

(b)

has unreasonably failed to give to the agency worker a notice under

paragraph 23 (4) ;

(c)

has given to the agency worker a notice in purported compliance

with paragraph 23 (4) that—

(i)

does not refer to any provision of the regulations or refers

to the wrong provision;

(ii)

does not contain an explanation or contains an explanation

that is inadequate or untrue.

(2)

An employment tribunal must not consider a complaint under

sub-paragraph (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 paragraph 21 (2) ).

(3)

An employment tribunal must not consider a complaint under

sub-paragraph (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 on

or before which the notice should have been given (see paragraph 23 (7) (b) ).

(4)

An employment tribunal must not consider a complaint under

sub-paragraph (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 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 paragraph 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.

(6)

Section 207B (extension of time limits to facilitate conciliation before

institution of proceedings) applies for the purposes of sub-paragraphs (2)

to (4) .

(7)

Where—

(a)

an agency worker presents a complaint to an employment tribunal

under sub-paragraph (1) (c) that, in relation to a shift, the

work-finding agency has given to the agency worker a notice in

purported compliance with paragraph 23 (4) that refers to the wrong

provision of the regulations or contains an explanation that is

inadequate or untrue, and

(b)

the work-finding agency claims that it was provided by the hirer

with information for the purposes of the notice that was wrong,

inadequate or untrue,

Page 177

the work-finding agency may request the employment tribunal to direct

that the hirer be added as a party to the proceedings.

(8)

A request under sub-paragraph (7) must be granted if it is made before

the hearing of the complaint begins, but may be refused if it is made after

that time; and no such request may be made after the tribunal has made

its decision as to whether the complaint is well-founded.

(9)

The Secretary of State may by regulations provide that sub-paragraph (7)

does not apply in relation to a hirer of a specified description.

Remedies

(1)

Where an employment tribunal finds a complaint under paragraph 25 (1) (a)

well-founded, the tribunal must—

(a)

make a declaration to that effect, and

(b)

order the work-finding agency to pay to the agency worker the

amount of the payment under paragraph 21 (1) which it finds is due

to the agency worker.

(2)

Where an employment tribunal finds a complaint under paragraph 25 (1) (b)

or (c) well-founded, the tribunal—

(a)

must make a declaration to that effect, and

(b)

may order the work-finding agency to make a payment to the agency

worker of 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 sub-paragraph

(2) (b) relating to a notice given in purported compliance with paragraph

23 (4) if the tribunal makes an order under sub-paragraph (1) (b) relating to

the same payment to which the notice related.

(4)

In determining—

(a)

whether to make an order under sub-paragraph (2) (b) , and

(b)

if so, how much to order the work-finding agency to pay,

an employment tribunal must have regard, in particular, to the seriousness

of the matter complained of.

(5)

If, following the making of a request under paragraph 25 (7) , an employment

tribunal has added the hirer as a party to the proceedings and the tribunal—

(a)

finds the complaint under paragraph 25 (1) (c) well-founded (so far

as relating to the notice referring to the wrong provision of the

regulations or containing an explanation that is inadequate or

untrue),

(b)

makes an award of compensation under sub-paragraph (2) (b) , and

(c)

also finds that the hirer did provide the work-finding agency with

information for the purposes of the notice that was wrong,

inadequate or untrue,

it may order that the compensation is to be paid by the hirer instead of by

the work-finding agency, or partly by the hirer and partly by the

Page 178

work-finding agency (with the amount of the compensation payable by

each being such amount as the tribunal considers just and equitable in the

circumstances).

Recovery of payment by work-finding agency from hirer: pre-existing arrangements

(1)

Where, in compliance with paragraph 21 (1) , a work-finding agency makes

a payment to an agency worker in relation to a shift that the agency worker

was to be, or was, supplied to work by virtue of a pre-existing arrangement

involving the work-finding agency and the hirer, the work-finding agency

is entitled to recover from the hirer the proportion of the payment (up to

the full amount of it) that reflects the hirer’s responsibility for the shift

having been cancelled, moved or curtailed at short notice.

(2)

The Secretary of State may by regulations provide that sub-paragraph (1)

does not apply in relation to a hirer of a specified description.

(3)

A “pre-existing arrangement” means an arrangement—

(a)

that was entered into on or before the last day of the period of two

months beginning with the day on which the Employment Rights

Act 2025 was passed, and

(b)

that has not been modified by the work-finding agency and the

hirer after the last day of that period.

(4)

The reference in sub-paragraph (1) to a payment made in compliance with

paragraph 21 (1) includes a payment made by virtue of an order under

paragraph 26 (1) (b) .

(5)

Sub-paragraph (1) applies whether the agency worker was to be, or was,

supplied to work for and under the supervision and direction of the hirer

by the work-finding agency or by another person.

Schedule 2

Section 6

Consequential amendments relating to

Employment Tribunals Act 1996

In the Employment Tribunals Act 1996 , in section 18 (conciliation: relevant

proceedings), in subsection (1) (b) —

(a)

after “23,” insert “ 27BG , 27BN , 27BT , 27BY (5) ,”;

(b)

after “177 of” insert “, or paragraph 7 , 8 , 18 or 25 of Schedule A1

to,”.

Employment Rights Act 1996

The Employment Rights Act 1996 is amended as follows.

In section 27 (meaning of “wages” for purposes of Part 2 of the Act), in

subsection (1)—

Page 179

(a)

after the paragraph (ce) inserted by the Neonatal Care (Leave and

Pay) Act 2023 insert—

“(cf)

a payment under section 27BP (1) of this Act (payment

for a cancelled, moved or curtailed shift),”;

(b)

after paragraph (cf) (inserted by paragraph (a) ) insert—

“(cg)

a payment under paragraph 21 (1) of Schedule A1 to

this Act (agency workers: payment for a cancelled,

moved or curtailed shift),”;

(c)

renumber the paragraph (ce) inserted by the Employment (Allocation

of Tips) Act 2023 as paragraph (ch).

In section 27A (exclusivity terms unenforceable in zero hours contracts),

omit subsections (1) and (2) .

In section 27B (power to make further provision in relation to zero hours

workers)—

(a)

omit subsection (4);

(b)

in subsection (6)(a) and (b) (inserted by section 8 ), for “prescribed”

substitute “specified”;

(c)

omit subsections (7) and (8).

After section 47G insert—

“47H

Zero hours workers and similar

(1)

A worker has the right not to be subjected to any detriment by any

act, or any deliberate failure to act, by the worker’s employer done

on the ground that the worker—

(a)

accepted, or proposed to accept, an offer from the employer

to vary the worker’s terms and conditions of employment

or to enter into a new worker’s contract made in compliance

(or purported compliance) with the duty imposed by section

27BA (1) ,

(b)

rejected, or proposed to reject, an offer from the employer

to vary the worker’s terms and conditions of employment

or to enter into a new worker’s contract made in compliance

(or purported compliance) with the duty imposed by section

27BA (1) ,

(c)

declined to work a shift (or part of a shift) on the basis of a

reasonable belief that the employer failed to comply with a

duty imposed by section 27BJ or 27BK in relation to the shift,

(d)

brought proceedings against the employer under—

(i)

section 27BG ,

(ii)

section 27BN ,

(iii)

section 27BT , or

(iv)

section 27BY (5) , or

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(e)

alleged the existence of any circumstance which would

constitute a ground for bringing any proceedings within

paragraph (d) .

(2)

The reference in subsection (1) (b) to a worker who rejected an offer

includes a reference to a worker who is to be treated as having

rejected an offer (see section 27BE (7) ).

(3)

It is immaterial for the purposes of subsection (1) (d) or (e) whether

or not the employer has (as the case may be)—

(a)

failed to comply with the duty imposed by section 27BA (1) ,

27BD (7) or (8) or 27BF (1) or (2) , a duty imposed by section

27BJ or 27BK or the duty imposed by section 27BP (1) or

27BR (2) , or

(b)

behaved as described in section 27BG (4) or (5) ,

but, for subsection (1) (d) or (e) to apply, the claim must be made

in good faith.

(4)

It is sufficient for subsection (1) (e) to apply that the worker made

the nature of the employer’s alleged non-compliance, or (as the case

may be) alleged behaviour, reasonably clear to the employer.

(5)

A worker has the right not to be subjected to any detriment by any

act, or any deliberate failure to act, by the worker’s employer done

on the ground that—

(a)

the duty imposed by section 27BA(1) applies to the employer

in relation to the worker and a particular reference period,

(b)

the employer believes that that duty so applies.

(6)

This section does not apply where—

(a)

the worker is an employee, and

(b)

the detriment in question amounts to dismissal within the

meaning of Part 10.

(7)

References to “worker” and “employer” in this section, section

48 (1BA) and section 49 so far as relating to a complaint under section

48 (1BA) are to be read with the modifications set out in—

(a)

section 27BJ (7) , in connection with a complaint of detriment

in contravention of this section relating to a duty imposed

by section 27BJ or 27BK ;

(b)

section 27BP (8) , in connection with a complaint of detriment

in contravention of this section relating to a duty imposed

by section 27BP (1) or 27BR (2) .

(8)

In this section “reference period” has the same meaning as in

Chapter 2 of Part 2A (see section 27BA(4)).”

Page 181

After section 47H (inserted by paragraph 6 ) insert—

“47I

Agency workers and Schedule

(1)

An agency worker has the right not to be subjected to any detriment

by any act, or any deliberate failure to act, by a relevant person

done on the ground that the agency worker—

(a)

accepted, or proposed to accept, an offer to enter into a

worker’s contract made in compliance (or purported

compliance) with the duty imposed by paragraph 1 (1) of

Schedule A1 ,

(b)

rejected, or proposed to reject, an offer to enter into a

worker’s contract made in compliance (or purported

compliance) with the duty imposed by paragraph 1 (1) of

Schedule A1 ,

(c)

declined to work a shift (or part of a shift) on the basis of a

reasonable belief that there had been a failure to comply

with a duty imposed by paragraph 13 or 14 of Schedule A1

in relation to the shift,

(d)

brought proceedings under—

(i)

paragraph 7 or 8 of Schedule A1 ,

(ii)

paragraph 18 of Schedule A1 ,

(iii)

paragraph 25 of Schedule A1 , or

(iv)

section 27BY (5) , or

(e)

alleged the existence of any circumstance which would

constitute a ground for bringing any proceedings within

paragraph (d) .

(2)

The reference in subsection (1) (b) to an agency worker who rejected

an offer includes a reference to an agency worker who is to be

treated as having rejected an offer (see paragraph 5 (4) of Schedule

A1 ).

(3)

It is immaterial for the purposes of subsection (1) (d) or (e) whether

or not there has been (as the case may be)—

(a)

a failure to comply with the duty imposed by paragraph

1 (1) , 4 (7) or (8) or 6 (1) or (2) of Schedule A1 , a duty imposed

by paragraph 13 or 14 of Schedule A1 or the duty imposed

by paragraph 21 (1) or 23 (4) of Schedule A1 , or

(b)

behaviour of the type described in paragraph 7 (4) or (5) or

8 (1) or (2) of Schedule A1 ,

but, for subsection (1) (d) or (e) to apply, the claim must be made

in good faith.

(4)

It is sufficient for subsection (1) (e) to apply that the agency worker

made the nature of the alleged non-compliance, or (as the case may

be) the alleged behaviour, reasonably clear to either the relevant

person or (if different) the person against whom proceedings could

be brought.

Page 182

(5)

An agency worker has the right not to be subjected to any detriment

by any act, or any deliberate failure to act, by a relevant person

done on the ground that—

(a)

the duty imposed by paragraph 1 (1) of Schedule A1 applies

in relation to the agency worker and a particular reference

period, or

(b)

the relevant person believes that that duty so applies.

(6)

This section does not apply where—

(a)

the worker is an employee of the relevant person, and

(b)

the detriment in question amounts to dismissal within the

meaning of Part 10.

(7)

For the purposes of this section, a person is a “relevant person”, in

relation to an agency worker, if the person is (or has been)—

(a)

a work-finding agency with which the agency worker has a

worker’s contract or an arrangement by virtue of which the

agency worker is (or is to be) supplied to work for and under

the supervision and direction of another person;

(b)

a person for and under the supervision and direction of

whom the agency worker is (or is to be) supplied to work;

(c)

a person who is (or is to be) involved in the supply of the

agency worker to a person falling within paragraph (b) or

the payment of the agency worker for work done for such

a person.

(8)

In this section—

“agency worker” has the same meaning as in Part 2A (see

section 27BV );

“reference period” has the same meaning as in Part 1 of

Schedule A1 (see paragraph 1 (4) );

“work-finding agency” has the same meaning as in Part 2A

(see section 27BV ).”

(1)

Section 48 (enforcement) is amended as follows.

(2)

After subsection (1B) insert—

“(1BA)

A worker may present a complaint to an employment tribunal that

the worker has been subjected to a detriment in contravention of

section 47H .”

(3)

After subsection (1BA) (inserted by sub-paragraph (2) ) insert—

“(1BB)

An agency worker (within the meaning of Part 2A) may present a

complaint to an employment tribunal that the agency worker has

been subjected to a detriment in contravention of section 47I .”

(4)

In subsection (2), for “or (1B)” substitute “, (1B) or (1BA) ”.

Page 183

(5)

After subsection (2A) insert—

“(2B)

On a complaint under subsection (1BB) it is for the relevant person

(within the meaning of section 47I ) to show the ground on which

any act, or deliberate failure to act, was done.”

(6)

In subsection (4), in the words after paragraph (b), after “hirer” insert “, or

a relevant person (within the meaning of section 47I ),”.

(7)

In subsection (6), after “49” insert “, except so far as relating to an alleged

detriment in contravention of section 47I ,”.

(1)

Section 49 (remedies) is amended as follows.

(2)

In subsection (1), for “or (1B)” substitute “, (1B) or (1BA) ”.

(3)

After subsection (1A) insert—

“(1B)

Where an employment tribunal finds a complaint under section

48 (1BB) 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

relevant person (within the meaning of section 47I ) to the

complainant in respect of the act or failure to act to which

the complaint relates.”

(4)

In subsection (2), for “and (6)” substitute “, (6), (7) and (7A)”.

(5)

In that subsection, after “ (7A) ” insert “and (7B) ”.

(6)

After subsection (7) insert—

“(7A)

Where—

(a)

the complaint is made under section 48(1BA),

(b)

the detriment to which the worker is subjected is the

termination of the worker’s contract, and

(c)

that contract is not a contract of employment,

any compensation must not exceed the compensation that would

be payable under Chapter 2 of Part 10 if the worker had been an

employee and had been dismissed for a reason specified in section

104BA.”

(7)

After subsection (7A) (inserted by sub-paragraph (6) ) insert—

“(7B)

Where—

(a)

the complaint is made under section 48 (1BB) ,

(b)

the detriment to which the agency worker is subjected is the

termination of a worker’s contract between the agency

worker and the relevant person, and

(c)

that contract is not a contract of employment,

any compensation must not exceed the compensation that would

be payable under Chapter 2 of Part 10 if the agency worker had

been an employee and had been dismissed for a reason specified

Page 184

in section 104BB (and “agency worker” and “relevant person” have

the same meaning in this subsection as in section 47I ).”

After section 104B insert—

“104BA

Guaranteed hours

(1)

An employee who is dismissed is to be regarded for the purposes

of this Part as unfairly dismissed if the reason (or, if more than one,

the principal reason) for the dismissal is that the employee—

(a)

accepted, or proposed to accept, an offer from the employer

to vary the employee’s terms and conditions of employment

or to enter into a new contract of employment made in

compliance (or purported compliance) with the duty imposed

by section 27BA (1) , or

(b)

rejected, or proposed to reject, an offer from the employer

to vary the employee’s terms and conditions of employment

or to enter into a new contract of employment made in

compliance (or purported compliance) with the duty imposed

by section 27BA (1) .

(2)

The reference in subsection (1) (b) to an employee who rejected an

offer includes a reference to an employee who is to be treated as

having rejected an offer (see section 27BE (7) ).

(3)

An employee who is dismissed is also to be regarded for the

purposes of this Part as unfairly dismissed if the reason (or, if more

than one, the principal reason) for the dismissal is that the

employee—

(a)

brought proceedings against the employer under section

27BG (4) or (5) , or

(b)

alleged the existence of any circumstance which would

constitute a ground for bringing such proceedings.

(In relation to other proceedings under section 27BG , see section

104.)

(4)

It is immaterial for the purposes of subsection (3) whether or not

the employer has behaved as described in section 27BG (4) or (5)

but, for subsection (3) to apply, the claim must be made in good

faith.

(5)

It is sufficient for subsection (3) (b) to apply that the employee made

the nature of the employer’s alleged behaviour reasonably clear to

the employer.

(6)

An employee who is dismissed is also to be regarded for the

purposes of this Part as unfairly dismissed if—

(a)

the duty imposed by section 27BA (1) applies to the

employee’s employer in relation to the employee and a

particular reference period, or the employer believes that

that duty so applies, and

Page 185

(b)

the reason (or, if more than one, the principal reason) for

the dismissal is that the employer sought to avoid the

necessity of complying with that duty in relation to the

employee and that reference period.

(7)

In this section, “reference period” has the same meaning as in

Chapter 2 of Part 2A (see section 27BA (4) ).”

After section 104BA (inserted by paragraph 10 ) insert—

“104BB

Guaranteed hours: agency workers

(1)

An employee who is dismissed by a relevant person (who is their

employer) is to be regarded for the purposes of this Part as unfairly

dismissed if the reason (or, if more than one, the principal reason)

for the dismissal is that the employee—

(a)

accepted, or proposed to accept, an offer to enter into a

worker’s contract made in compliance (or purported

compliance) with the duty imposed by paragraph 1 (1) of

Schedule A1 , or

(b)

rejected, or proposed to reject, an offer to enter into a

worker’s contract made in compliance (or purported

compliance) with the duty imposed by paragraph 1 (1) of

Schedule A1 .

(2)

The reference in subsection (1) (b) to an employee who rejected an

offer includes a reference to an employee who is to be treated as

having rejected an offer (see paragraph 5 (4) of Schedule A1 ).

(3)

An employee who is dismissed by a relevant person (who is their

employer) is also to be regarded for the purposes of this Part as

unfairly dismissed if the reason (or, if more than one, the principal

reason) for the dismissal is that the employee—

(a)

brought proceedings against the employer under paragraph

8 (1) or (2) , or

(b)

alleged the existence of any circumstance which would

constitute a ground for bringing such proceedings.

(In relation to other proceedings under paragraph 8 , see section

104.)

(4)

It is immaterial for the purposes of subsection (3) whether or not

the employer has behaved as described in paragraph 8 (1) or (2) but,

for subsection (3) to apply, the claim must be made in good faith.

(5)

It is sufficient for subsection (3) (b) to apply that the employee made

the nature of the employer’s alleged behaviour reasonably clear to

the employer.

(6)

An employee who is dismissed by a relevant person (who is their

employer) is also to be regarded for the purposes of this Part as

unfairly dismissed if—

Page 186

(a)

the duty imposed by paragraph 1 (1) of Schedule A1 applies

in relation to the employee and a particular reference period,

or the employer believes that that duty so applies, and

(b)

the reason (or, if more than one, the principal reason) for

the dismissal is that the employer sought to avoid the

necessity of that duty having to be complied with in relation

to the employee and the reference period.

(7)

In this section—

“reference period” has the same meaning as in Part 1 of

Schedule A1 (see paragraph 1 (4) );

“relevant person” means a person falling within subsection

(7) (a) or (c) of section 47I .”

In section 105 (redundancy)—

(a)

after subsection (7B) insert—

“(7BZA)

This subsection applies if the reason (or, if more than one,

the principal reason) for which the employee was selected

for dismissal was—

(a)

the reason specified in subsection (1) (a) or (6) of

section 104BA ,

(b)

the reason specified in subsection (1) (b) of that section

(read with subsection (2) of that section), or

(c)

the reason specified in subsection (3) of that section

(read with subsections (4) and (5) of that section).”;

(b)

after subsection (7BZA) (inserted by paragraph (a)) insert—

“(7BZB)

This subsection applies if the reason (or, if more than one,

the principal reason) for which the employee was selected

for dismissal was—

(a)

the reason specified in subsection (1) (a) or (6) of

section 104BB ,

(b)

the reason specified in subsection (1) (b) of that section

(read with subsection (2) of that section), or

(c)

the reason specified in subsection (3) of that section

(read with subsections (4) and (5) of that section).”

In section 108 (qualifying period of employment), in subsection (3)—

(a)

after paragraph (gh) insert—

“(gha)

any of the following provisions of section 104BA

applies—

(i)

subsection (1) (a) or (6) ,

(ii)

subsection (1) (b) (read with subsection (2) of

that section), or

(iii)

subsection (3) (read with subsections (4) and

(5) of that section),”;

Page 187

(b)

after paragraph (gha) (inserted by paragraph (a)) insert—

“(ghb)

any of the following provisions of section 104BB

applies—

(i)

subsection (1) (a) or (6) ,

(ii)

subsection (1) (b) (read with subsection (2) of

that section), or

(iii)

subsection (3) (read with subsections (4) and

(5) of that section),”.

(1)

Section 205 (remedy for infringement of certain rights) is amended as

follows.

(2)

In subsection (1), after “section 8,” insert “Chapters 2 to 4 of Part 2A,”.

(3)

After subsection (1A) insert—

“(1B)

In relation to the rights conferred by—

(a)

Chapters 2 to 4 of Part 2A, and

(b)

section 47H ,

the reference in subsection (1) to an employee has effect as a

reference to a worker, read (where relevant) in accordance with

section 27BJ (7) or 27BP (8) (as the case may be).”

(4)

After subsection (2) insert—

“(3)

The remedy of an agency worker (within the meaning of Part 2A)

for infringement of any of the rights conferred by Parts 1 to 3 of

Schedule A1 and section 47I is, where provision is made for a

complaint to an employment tribunal, by way of such a complaint

and not otherwise.”

In section 225 (calculation date for purposes of working out a week’s pay),

before subsection (1) insert—

“(A1)

Where the calculation is for the purposes of section 27BI , the

calculation date is—

(a)

where the complaint is under section 27BG (1) , (2) , (3) or (7)

, the latest day of the reference period to which the complaint

relates on which the worker was employed by the employer

under a worker’s contract;

(b)

where the complaint is under section 27BG (8) —

(i)

the date on which the complaint was presented to

the employment tribunal, or

(ii)

if the worker was not employed by the employer

under a worker’s contract on that date, the latest day

before that date on which the worker was so

employed.

(A2)

Where the calculation is for the purposes of section 27BI as applied

by section 27BY (6) (a) in relation to a complaint under section

27BY (5) , the calculation date is the latest day of the reference period

Page 188

to which the complaint relates on which the worker was employed

by the employer under a worker’s contract.”

In section 227 (maximum amount of week’s pay), in subsection (1), before

paragraph (zza) insert—

“(zzza)

an award of compensation under section 27BI (1) (b) ,”.

In section 235 (definitions for purposes of the Act)—

(a)

in subsection (1), in paragraph (b) of the definition of “week”, after

“86” insert “and paragraph 10 of Schedule A1 ”;

(b)

in subsection (2A) (definition of “limited-term contract”), after

“contract of employment” insert “or other worker’s contract”;

(c)

in subsection (2B) (definition of “limiting event”), in the words

before paragraph (a) , after “contract of employment” insert “or other

worker’s contract”.

In section 236 (orders and regulations), in subsection (3) (regulations subject

to affirmative procedure)—

(a)

after “27B,” insert “ 27BA (3) (a) (ii) or (d) , (6) or (11) , 27BB (2) , (5) or

(9) (c) , 27BD (6) , 27BJ (1) (b) , (2) (a) or (4) , 27BK (3) , 27BP (1) , (2) (c) , (3) (a) ,

(6) or (9) , 27BR (1) (c) , 27BU (2) , 27BZ,”;

(b)

after “209,” insert “or under paragraph 1 (3) (b) , (6) or (10) , 2 (2) , (5)

or (7) (c) , 4 (6) , 11 (1) , 12 (3) , 13 (2) , 14 (3) , 15 (4) , 21 (1) , (3) or (5) , 23 (1) (c)

or (2) , 25 (9) , 26 (2) or 27 (2) of Schedule A1 ,”.

Schedule 3

Section 23

Right not to be unfairly dismissed: removal of qualifying period, etc

Right not to be unfairly dismissed: removal of qualifying period of employment

In Part 10 of the Employment Rights Act 1996 (unfair dismissal), omit

section 108 (qualifying period of employment).

Exclusion of right not to be unfairly dismissed where employee has not yet started work

In Part 10 of the Employment Rights Act 1996, a fter section 108 insert—

“108A

Employees who have not yet started work

(1)

Section 94 does not apply to the dismissal of an employee if on the

effective date of termination the employee has not yet started work.

(2)

Subsection (1) does not apply if any of the following provisions

applies—

(a)

subsection (1) of section 98B (read with subsection (2) of that

section);

(b)

subsection (1) of section 99 (read with any regulations made

under that section);

Page 189

(c)

subsection (1) of section 100 (read with subsections (2) and

(3) of that section);

(d)

subsection (1) of section 101 (read with subsection (2) of that

section) or subsection (3) of that section;

(e)

subsection (2) of section 101ZA (read with subsection (3) of

that section) or subsection (4) of that section;

(f)

any of sections 101A to 103A;

(g)

subsection (1) of section 104 (read with subsections (2) and

(3) of that section);

(h)

subsection (1) of section 104A (read with subsection (2) of

that section);

(i)

subsection (1) of section 104B (read with subsection (2) of

that section);

(j)

subsection (1)(a) or (3) of section 104BA, subsection (1)(b) of

that section (read with subsection (2) of that section) or

subsection (3) of that section (read with subsections (4) and

(5) of that section);

(k)

subsection (1) (a) or (6) of section 104BB , subsection (1) (b) of

that section (read with subsection (2) of that section) or

subsection (3) of that section (read with subsections (4) and

(5) of that section);

(l)

section 104C;

(m)

subsection (1) of section 104D (read with subsection (2) of

that section);

(n)

section 104E;

(o)

subsection (1) of section 104F (read with subsection (2) of

that section);

(p)

section 104G;

(q)

section 105;

(r)

section 4(3)(b) of the Rehabilitation of Offenders Act 1974

(read with any order made under section 4(4) of that Act);

(s)

paragraph (3) or (6) of regulation 28 of the Transnational

Information and Consultation of Employees Regulations 1999

(S.I. 1999/3323) (read with paragraphs (4) and (7) of that

regulation);

(t)

paragraph (1) of regulation 7 of the Part-time Workers

(Prevention of Less Favourable Treatment) Regulations 2000

(S.I. 2000/1551);

(u)

paragraph (1) of regulation 6 of the Fixed-term Employees

(Prevention of Less Favourable Treatment) Regulations 2002

(S.I. 2002/2034);

(v)

paragraph (3) or (6) of regulation 30 of the Information and

Consultation of Employees Regulations 2004 (S.I. 2004/3426)

(read with paragraphs (4) and (7) of that regulation);

Page 190

(w)

paragraph 5(3) or (5) of the Schedule to the Occupational

and Personal Pension Schemes (Consultation by Employers

and Miscellaneous Amendment) Regulations 2006 (S.I.

2006/349) (read with paragraph 5(6) of that Schedule);

(x)

paragraph (1)(a) or (b) of regulation 29 of the European

Public Limited-Liability Company (Employee Involvement)

(Great Britain) Regulations 2009 (S.I. 2009/2401);

(y)

paragraph (1) of regulation 17 of the Agency Workers

Regulations 2010 (S.I. 2010/93).

(3)

Subsection (1) does not apply if the reason (or, if more than one,

the principal reason) for the dismissal is, or relates to, the employee’s

political opinions or affiliation.

(4)

Subsection (1) does not apply if the reason (or, if more than one,

the principal reason) for the dismissal is, or is connected with, the

employee’s membership of a reserve force (as defined in section

374 of the Armed Forces Act 2006).”

Power to make provision about dismissal during initial period of employment

(1)

The Employment Rights Act 1996 is amended as follows.

(2)

In Part 10, after section 98 insert—

“98ZZA

Dismissal during initial period of employment

(1)

The Secretary of State may make regulations modifying the

application of section 98(4) in relation to the dismissal of an

employee that meets the conditions in subsections (2) and (3).

(2)

The condition in this subsection is that—

(a)

the effective date of termination falls on or before the last

day of the initial period of employment (see subsection (4)),

(b)

the employer gives notice to the employee to terminate the

contract of employment before the end of the initial period

of employment and the effective date of termination falls on

or before the last day of the period of three months

beginning with the day after the last day of the initial period

of employment.

(3)

The condition in this subsection is that the reason (or, if more than

one, the principal reason) shown for the dismissal by the employer

is—

(a)

a reason falling within paragraph (a), (b) or (d) of section

98(2), or

(b)

some other substantial reason relating to the employee.

Page 191

(4)

In this section “the initial period of employment”, in relation to an

employee, means a period specified in, or determined in accordance

with, regulations made by the Secretary of State.

(5)

The provision that may be made by regulations under this section

includes, among other things—

(a)

provision specifying circumstances in which two or more

periods of continuous employment are to be treated as a

single period of continuous employment;

(b)

provision for determining whether a reason does, or does

not, relate to an employee;

(c)

provision for the dismissal of an employee to be treated as

fair if, or only if, the employer has taken any steps specified

in the regulations.”

(3)

In section 236 (orders and regulations), in subsection (3) (regulations subject

to affirmative resolution procedure), before “99” insert “98ZZA,”.

In section 15 of the Enterprise and Regulatory Reform Act 2013 (power by

order to increase or decrease limit of compensatory award), after subsection

(5) insert—

“(5A)

The power conferred by subsection (1) includes power to provide

that, in the case of the dismissal of an employee that meets the

conditions in section 98ZZA(2) and (3) of the Employment Rights

Act 1996 (dismissal during initial period of employment), the limit

imposed for the time being by subsection (1) of section 124 of that

Act is a different amount from that otherwise imposed by that

subsection.

(5B)

Subsections (3), (4)(a) and (5) do not apply for the purposes of

specifying the amount of the limit in such a case.”

Consequential amendments

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended

as follows.

(2)

After section 153 insert—

“153A

Unfair dismissal: disapplication of requirement to have started

work

Section 108A(1) of the Employment Rights Act 1996 (employees

who have not yet started work) does not apply to a dismissal which

by virtue of section 152 or 153 is regarded as unfair for the purposes

of Part 10 of that Act.”

(3)

Omit section 154 (disapplication of qualifying period for unfair dismissal

relating to union membership or activities).

(4)

In section 239 (supplementary provisions relating to unfair dismissal in

connection with industrial action), in subsection (1), for the words from

Page 192

“sections 108” to “limit)” substitute “section 108A(1) of that Act (employees

who have not yet started work)”.

(5)

In Schedule A1 (collective bargaining: recognition)—

(a)

in paragraph 160 (right not to be subjected to detriment:

compensation), in sub-paragraph (2)(b)—

(i)

for “124(1)” substitute “124”;

(ii)

at the end insert “(ignoring any different sum specified as

the limit for a dismissal that meets the conditions in section

98ZZA(2) and (3) of that Act).”;

(b)

after paragraph 163 insert—

“Disapplication of requirement to have started work

163A

Section 108A(1) of the Employment Rights Act 1996

(employees who have not yet started work) does not apply

to a dismissal which by virtue of paragraph 161 or 162 is

regarded as unfair for the purposes of Part 10 of that Act.”;

(c)

omit paragraph 164.

(1)

The Employment Rights Act 1996 is amended as follows.

(2)

In section 92 (right to written statement of reasons for dismissal)—

(a)

in subsection (3), for the words from “unless” to the end substitute

“if the dismissal occurs during the initial period of employment

(see subsection (3A)).”;

(b)

after that subsection insert—

“(3A)

A reference in this section to a dismissal that occurs during

the initial period of employment is a reference to a dismissal

that meets the condition in section 98ZZA(2).”;

(c)

in subsection (4), for “she has been continuously employed for any

period” substitute “the dismissal occurred during the initial period

of employment”;

(d)

in subsection (4A), for “he has been continuously employed for any

period” substitute “the dismissal occurred during the initial period

of employment”.

(3)

In section 94 (right not to be unfairly dismissed), in subsection (2), for “108”

substitute “108A”.

(4)

In section 97 (effective date of termination)—

(a)

in subsection (2), omit “108(1),”;

(b)

in subsection (4), omit “108(1),”.

(5)

In section 98 (fairness: general), in subsection (6)(a), for “98A” substitute

“98ZZA”.

(6)

In section 192 (armed forces), in subsection (2)(e)—

(a)

omit “, 108(5)”;

(b)

before “and 134” insert “, 108A(4)”.

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(7)

In section 205A (employee shareholders), in subsection (10), for the words

from “where” to the end substitute “where—

“(a)

the dismissal is by reason of any requirement or

recommendation that is referred to in section 64(2), or

(b)

the reason (or, if more than one, the principal reason) for

the dismissal is, or relates to, the employee’s political

opinions or affiliations.”

(8)

In section 209 (powers to amend Act), in subsection (5), omit “108(1),”.

(9)

In section 213 (intervals in employment), in subsection (1), omit “108(1)

or”.

(10)

In Schedule 1 (consequential amendments), omit paragraph 56(8).

In section 7 of the Public Interest Disclosure Act 1998, omit subsection (1).

(1)

The National Minimum Wage Act 1998 is amended as follows.

(2)

In section 24 (enforcement of right not to be subjected to detriment), in

subsection (4)(b)—

(a)

for “124(1)” substitute “124”;

(b)

after “section 123 of that Act” insert “(ignoring any different sum

specified as the limit for a dismissal that meets the conditions in

section 98ZZA(2) and (3) of that Act)”.

(3)

In section 25, omit subsection (3).

(1)

The Employment Relations Act 1999 is amended as follows.

(2)

In section 12 (detriment and dismissal), in subsection (4), for the words

from “Sections” to “limit)” substitute “Section 108A(1) of that Act (employees

who have not yet started work)”.

(3)

In section 34 (indexation of amounts, etc)—

(a)

in subsection (1)(c), for “124(1)” substitute “124”;

(b)

omit subsection (4);

(c)

in subsection (4A), for “124(1)” substitute “124”;

(d)

in subsection (4B)—

(i)

for “124(1)” substitute “124”;

(ii)

after “1996” insert “in relation to cases of any description”;

(iii)

for the words from “such a sum” to “that date” substitute “,

with effect from a day within 12 months before that date, a

sum specified in that section in relation to cases of that

description”.

In the Employment Relations Act 2004, omit the following provisions—

(a)

section 35;

(b)

section 40(6);

(c)

section 41(5);

(d)

in Schedule 1, paragraph 32.

Page 194

In section 39 of the Education and Skills Act 2008, omit subsection (4).

(1)

In Part 1 of the Pensions Act 2008 (pension scheme membership for

jobholders), Chapter 3 (safeguards: employment and pre-employment) is

amended as follows.

(2)

In section 56 (enforcement of right not to be subjected to detriment), in

subsection (4)(b)—

(a)

for “124(1)” substitute “124”;

(b)

at the end insert “(ignoring any different sum specified as the limit

for a dismissal that meets the conditions in section 98ZZA(2) and

(3) of that Act).”

(3)

In section 57, omit subsection (5).

In Schedule 1 to the Apprenticeships, Skills, Children and Learning Act

2009, omit paragraph 4.

In the Enterprise and Regulatory Reform Act 2013, omit section 13.

In section 31 of the Growth and Infrastructure Act 2013, omit subsection

(5).

In the Defence Reform Act 2014, omit section 48.

In Schedule 5 to the Enterprise Act 2016, omit paragraph 10.

In Schedule 7 to the Coronavirus Act 2020, omit paragraph 16.

In Part 1 of this Act—

(a)

in Schedule 2 , omit paragraph 13 ;

(b)

in section 26 , omit subsection (4).

Schedule 4

Section 35

Pay and conditions of school support staff in England

The School Support Staff Negotiating Body

In the Education Act 2002, after Part 8 insert—

Part 8A

School support staff in England

The School Support Staff Negotiating Body

148A

The School Support Staff Negotiating Body

(1)

There is to be an unincorporated body of persons known as the

School Support Staff Negotiating Body (“the SSSNB”).

(2)

The SSSNB has the functions conferred on it by this Part.

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(3)

Schedule 12A makes further provision about the SSSNB.

148B

Matters within the SSSNB’s remit

(1)

For the purposes of this Part, the matters within the SSSNB’s remit

are matters relating to the following—

(a)

the remuneration of school support staff;

(b)

terms and conditions of employment of school support staff;

(c)

the training of school support staff;

(d)

career progression for school support staff.

(2)

The Secretary of State may by regulations provide that, for the

purposes of subsection (1)—

(a)

a payment or entitlement of a prescribed kind is, or is not,

to be treated as remuneration;

(b)

a prescribed matter is, or is not, to be treated as relating to

terms and conditions of employment of school support staff;

(c)

a prescribed matter is, or is not, to be treated as relating to

the training of school support staff;

(d)

a prescribed matter is, or is not, to be treated as relating to

career progression for school support staff.

148C

Meaning of “school support staff”

(1)

This section has effect for the purposes of this Part.

(2)

“School support staff” means persons who meet the conditions in

subsections (3) and (4).

(3)

The condition in this subsection is that the person—

(a)

is employed by a local authority in England, or the governing

body of a school maintained by a local authority in England,

under a contract of employment providing for the person

to work wholly at one or more schools maintained by a local

authority in England, or

(b)

is employed by the proprietor of an Academy under a

contract of employment which—

(i)

provides for the person to work wholly at one or

more Academies, or

(ii)

provides for the person to carry out work of a

prescribed description for the purposes of one or

more Academies.

(4)

The condition in this subsection is that the person is not—

(a)

a school teacher, or

(b)

a person of a prescribed description.

(5)

In this section “school teacher” means—

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(a)

a person who is a school teacher for the purposes of section

122, or

(b)

a qualified teacher who is employed by the proprietor of an

Academy to work as a teacher.

Consideration of matters by the SSSNB

148D

Referral of matter to the SSSNB for consideration: general

(1)

The Secretary of State may refer a matter within the SSSNB’s remit

to the SSSNB for consideration by it.

(2)

For provision about referrals of matters relating to—

(a)

the remuneration of school support staff, or

(b)

terms and conditions of employment of school support staff,

see section 148E (and sections 148H to 148J ).

(3)

For provision about referrals of matters relating to the training or

career progression of school support staff, see section 148F .

148E

Referral of matters relating to remuneration or conditions of

employment

(1)

This section applies if the Secretary of State refers a matter to the

SSSNB under section 148D that relates to—

(a)

the remuneration of school support staff, or

(b)

terms and conditions of employment of school support staff.

(2)

The Secretary of State may specify—

(a)

factors to which the SSSNB must have regard in considering

the matter;

(b)

a date by which the SSSNB must comply with subsection

(4).

(3)

The SSSNB must consider the matter, having regard to any factors

specified under subsection (2)(a).

(4)

When it has considered the matter, the SSSNB must—

(a)

if it has reached an agreement about the matter, submit the

agreement to the Secretary of State;

(b)

if it has been unable to reach an agreement about the matter,

notify the Secretary of State of that fact.

(5)

If the Secretary of State specifies a date under subsection (2)(b), the

SSSNB must comply with subsection (4) no later than that date.

(6)

The Secretary of State may, at any time before the SSSNB has

complied with subsection (4) in relation to a matter—

(a)

withdraw or vary the reference of the matter;

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(b)

if factors have been specified under paragraph (a) of

subsection (2), withdraw or vary those factors, or specify

further factors under that paragraph;

(c)

if a date has been specified under paragraph (b) of subsection

(2), specify a later date under that paragraph.

148F

Referral of matters relating to training or career progression

(1)

This section applies if the Secretary of State refers a matter to the

SSSNB under section 148D that relates to the training or career

progression of school support staff.

(2)

The Secretary of State may specify—

(a)

factors to which the SSSNB must have regard in considering

the matter;

(b)

a date by which the SSSNB must comply with subsection

(4).

(3)

The SSSNB must consider the matter, having regard to any factors

specified under subsection (2)(a).

(4)

When it has considered the matter, the SSSNB must submit a report

about the matter (including any recommendations it makes about

the matter) to the Secretary of State.

(5)

If the Secretary of State specifies a date under subsection (2)(b), the

SSSNB must comply with subsection (4) no later than that date.

(6)

The Secretary of State may, at any time before the SSSNB has

complied with subsection (4) in relation to a matter—

(a)

withdraw or vary the reference of the matter;

(b)

if factors have been specified under paragraph (a) of

subsection (2), withdraw or vary those factors, or specify

further factors under that paragraph;

(c)

if a date has been specified under paragraph (b) of subsection

(2), specify a later date under that paragraph.

148G

Consideration of matters by the SSSNB without a referral

(1)

The SSSNB may, with the agreement of the Secretary of State,

consider a matter within its remit, even if the matter has not been

referred to it by the Secretary of State under section 148D .

(2)

If—

(a)

the matter relates to the remuneration of school support

staff, or terms and conditions of employment of school

support staff, and

(b)

the SSSNB reaches an agreement about the matter,

it may submit the agreement to the Secretary of State.

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(3)

If the matter relates to training or career progression of school

support staff, the SSSNB may submit a report about the matter

(including any recommendations it makes about the matter) to the

Secretary of State.

Powers of Secretary of State on submission of SSSNB agreement

148H

Agreement submitted by the SSSNB under section

(1)

This section applies if the SSSNB submits an agreement to the

Secretary of State under section 148E (4)(a) or 148G (2).

(2)

The Secretary of State may—

(a)

make regulations ratifying the agreement (see section 148M ),

(b)

if the Secretary of State thinks that it would be inappropriate

to make regulations ratifying the agreement, refer the

agreement back to the SSSNB for reconsideration (see section

148I ).

(3)

Regulations under subsection (2)(a) may ratify the agreement—

(a)

in full, or

(b)

to the extent prescribed in the regulations.

Reconsideration by the SSSNB

148I

Reconsideration of agreement by the SSSNB

(1)

This section applies if, under section 148H (2)(b) or section 148J (2)(b),

the Secretary of State refers an agreement back to the SSSNB for

reconsideration.

(2)

The Secretary of State may specify—

(a)

factors to which the SSSNB must have regard in the

reconsideration;

(b)

a date by which the SSSNB must comply with subsection

(4).

(3)

The SSSNB must reconsider the agreement, having regard to any

factors specified under subsection (2)(a).

(4)

After completing its reconsideration, the SSSNB must—

(a)

if it has agreed revisions to the agreement, submit to the

Secretary of State a new version of the agreement

incorporating the revisions;

(b)

if it has not agreed revisions to the agreement, submit the

existing version of the agreement to the Secretary of State.

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(5)

If the Secretary of State specifies a date under subsection (2)(b), the

SSSNB must comply with subsection (4) no later than that date.

(6)

The Secretary of State may, at any time before the SSSNB has

complied with subsection (4) in relation to an agreement referred

back to it for reconsideration—

(a)

withdraw the reference of the agreement;

(b)

if factors have been specified under paragraph (a) of

subsection (2), withdraw or vary those factors, or specify

further factors under that paragraph;

(c)

if a date has been specified under paragraph (b) of subsection

(2), specify a later date under that paragraph.

148J

Powers of Secretary of State following reconsideration under section

148I

(1)

This section applies if the SSSNB submits an agreement about a

matter to the Secretary of State under section 148I .

(2)

The Secretary of State may—

(a)

make regulations ratifying the agreement—

(i)

in full, or

(ii)

to the extent prescribed in the regulations;

(b)

refer the agreement back to the SSSNB for reconsideration

(see section 148I );

(c)

make regulations requiring prescribed persons to have regard

to the agreement in exercising prescribed functions;

(d)

by regulations make provision, in relation to a matter to

which the agreement relates, otherwise than in the terms of

the agreement (see section 148N ).

This is subject to subsections (3) and (4).

(3)

The Secretary of State may refer an agreement about a matter back

to the SSSNB for reconsideration only if it appears to the Secretary

of State that the condition in subsection (5) is met.

(4)

The Secretary of State may make regulations under subsection (2)(d)

in relation to a matter only if it appears to the Secretary of State

that—

(a)

the condition in subsection (5) is met, and

(b)

there is an urgent need to make provision in relation to the

matter.

(5)

The condition is that one or more of the following applies—

(a)

the agreement does not properly address the matter;

(b)

it is not practicable to implement the agreement;

(c)

the SSSNB failed in reconsidering the agreement to have

regard to factors specified under section 148I (2)(a).

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Additional powers of Secretary of State

148K

Powers of Secretary of State in absence of SSSNB agreement

(1)

Subsection (2) applies if—

(a)

the SSSNB notifies the Secretary of State under section

148E (4)(b) that it has been unable to reach an agreement on

a matter referred to it, or

(b)

the SSSNB fails to comply with section 148E (4) in relation

to a matter by any date specified under section 148E (2)(b).

(2)

The Secretary of State may—

(a)

if a date has been specified under paragraph (b) of section

148E (2) in relation to the matter, specify a later date under

that paragraph, or

(b)

if it appears to the Secretary of State that there is an urgent

need to do so, by regulations make provision in relation to

the matter (see section 148N ).

(3)

Subsection (4) applies if the SSSNB fails to comply with section

148I (4) in relation to an agreement by any date specified under

section 148I (2)(b).

(4)

The Secretary of State may—

(a)

if a date has been specified under paragraph (b) of section

148I (2) in relation to the SSSNB’s reconsideration of the

agreement, specify a later date under that paragraph, or

(b)

if it appears to the Secretary of State that there is an urgent

need to do so, by regulations make provision in relation to

a matter to which the agreement relates (see section 148N ).

(5)

Before making any regulations under subsection (2)(b) or (4)(b), the

Secretary of State must consult the SSSNB.

148L

Powers of Secretary of State where SSSNB fails to submit report

(1)

This section applies if the SSSNB fails to comply with section 148F (4)

in relation to a matter by any date specified under section 148F (2)(b).

(2)

The Secretary of State may—

(a)

specify a later date under section 148F (2)(b), or

(b)

if it appears to the Secretary of State appropriate to do so,

issue guidance under section 148P in relation to the matter

without waiting for the SSSNB to submit a report about it.

Page 201

Regulations

148M

Effect of regulations ratifying agreement

(1)

This section applies if the Secretary of State makes regulations

ratifying (to any extent) an agreement submitted by the SSSNB.

(2)

If the agreement relates to a person’s remuneration, the person’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 person’s employment has effect as a term of the

person’s contract of employment.

(4)

A term of the person’s contract of employment has no effect to the

extent that it makes provision that is prohibited by, or is otherwise

inconsistent with, the agreement.

(5)

Where the person is employed by the proprietor of an Academy,

any provision of the Academy arrangements relating to the Academy

has no effect to the extent that it makes provision that is prohibited

by, or is otherwise inconsistent with, the agreement.

148N

Effect of regulations making provision otherwise than in terms of

agreement

(1)

This section applies if the Secretary of State makes regulations under

section 148J (2)(d) or 148K (2)(b) or (4)(b).

(2)

The regulations must either—

(a)

require prescribed persons, in exercising prescribed functions,

to have regard to the regulations, or

(b)

provide that the regulations are to have effect for determining

the terms and conditions of employment of persons to whom

the regulations apply.

(3)

If the regulations make provision within subsection (2)(b),

subsections (4) to (7) apply.

(4)

If the regulations relate to a person’s remuneration, the person’s

remuneration is to be determined and paid in accordance with the

regulations.

(5)

A provision of the regulations that relates to any other term or

condition of a person’s employment has effect as a term of the

person’s contract of employment.

(6)

A term of the person’s contract of employment has no effect to the

extent that it makes provision that is prohibited by, or is otherwise

inconsistent with, the regulations.

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(7)

Where the person is employed by the proprietor of an Academy,

any provision of the Academy arrangements relating to the Academy

has no effect to the extent that it makes provision that is prohibited

by, or is otherwise inconsistent with, the regulations.

148O

Regulations: supplementary

(1)

Regulations under this Part may make provision that has

retrospective effect.

This is subject to subsection (2).

(2)

Regulations under this Part may not make provision the effect of

which is to—

(a)

reduce remuneration in respect of a period wholly or partly

before the day on which the regulations are made, or

(b)

alter the terms and conditions of a person’s employment to

the person’s detriment in respect of such a period.

(3)

Regulations under this Part may make provision by reference to—

(a)

an agreement submitted to the Secretary of State by the

SSSNB, or

(b)

any other document.

(4)

If regulations under this Part make provision by virtue of subsection

(3), they must include provision about the publication of the

agreement or other document.

(5)

A reference in section 148N (4) to (7) to regulations under section

148J (2)(d) or 148K (2)(b) or (4)(b), or to a provision of such

regulations, includes a reference to a provision of a document

referred to by such regulations.

Guidance

148P

Guidance

(1)

The SSSNB may, with the approval of the Secretary of State, issue

guidance relating to—

(a)

an agreement that has been ratified by regulations under

this Part;

(b)

an agreement to which regulations under section 148J (2)(c)

require persons to have regard.

(2)

The Secretary of State may issue guidance relating to—

(a)

an agreement that has been ratified by regulations under

this Part;

(b)

an agreement to which regulations under section 148J (2)(c)

require persons to have regard;

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(c)

regulations made under section 148J (2)(d) or 148K (2)(b) or

(4)(b);

(d)

any matter relating to training or career progression of school

support staff (but see subsection (3)).

(3)

The Secretary of State may issue guidance under subsection (2)(d)

about a matter only if—

(a)

the SSSNB has submitted a report about the matter to the

Secretary of State under section 148F (4) or 148G (3), and

(b)

the Secretary of State has had regard to the report and any

recommendations it makes.

This is subject to section 148L (power to issue guidance where the

SSSNB fails to submit a report by the specified date).

(4)

In exercising functions in respect of school support staff, each of

the following is to have regard to guidance issued under this

section—

(a)

a local authority in England;

(b)

the governing body of a school maintained by a local

authority in England;

(c)

the proprietor of an Academy.

Supplementary and general

148Q

Agreements of SSSNB not to be collective agreements, etc

(1)

Nothing done by the SSSNB, or by members of the SSSNB acting

in that capacity, is to be regarded as collective bargaining for the

purposes of section 178 of the Trade Union and Labour Relations

(Consolidation) Act 1992.

(2)

Accordingly, any reference to a collective agreement within the

meaning of that Act does not include an agreement which the SSSNB

reaches under this Part.

148R

Interpretation of this Part

(1)

In this Part—

“Academy” and “Academy arrangements” have the same

meaning as in the Academies Act 2010 (but see subsection

(2));

“contract of employment” has the meaning given by section

230(2) of the Employment Rights Act 1996;

“school maintained by a local authority” means any of the

following—

(a)

a community, foundation or voluntary school;

(b)

a community or foundation special school;

(c)

a maintained nursery school;

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(d)

a pupil referral unit;

“school support staff” has the meaning given by section 148C ;

“the SSSNB” means the School Support Staff Negotiating Body.

(2)

In this Part—

(a)

a reference to an Academy includes a reference to a city

technology college and a city college for the technology of

the arts, and

(b)

a reference to Academy arrangements includes a reference

to an agreement under section 482 of the Education Act 1996.

(3)

Any reference in this Part 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.”

In the Education Act 2002, after Schedule 12 insert—

“Schedule 12A

Section 148A(3)

The School Support Staff Negotiating Body

Constitution

(1)

The SSSNB is to be constituted in accordance with arrangements

made by the Secretary of State.

(2)

Before making or revising arrangements under sub-paragraph

(1), the Secretary of State must consult—

(a)

the prescribed school support staff organisations, and

(b)

the prescribed school support staff employer organisations.

(3)

References in this Schedule to the SSSNB’s constitutional

arrangements are to arrangements made under sub-paragraph

(1).

(4)

References in this Schedule to the prescribed organisations are

to the organisations prescribed under sub-paragraph (2).

(5)

Before making any regulations prescribing an organisation under

sub-paragraph (2)(a), the Secretary of State must consult the

Trades Union Congress.

Membership

(1)

The SSSNB’s constitutional arrangements must provide for the

members of the SSSNB to include persons representing the

interests of—

(a)

the prescribed organisations;

(b)

the Secretary of State.

(2)

The arrangements may also provide for the members of the SSSNB

to include other persons who do not represent the interests of—

Page 205

(a)

school support staff organisations, or

(b)

school support staff employer organisations.

(1)

The SSSNB’s constitutional arrangements must provide for the

members of the SSSNB to include a person appointed to chair

the SSSNB.

(2)

The arrangements must provide for that person to be a person

who, in the opinion of the Secretary of State, does not represent

the interests of—

(a)

a school support staff organisation,

(b)

a school support staff employer organisation,

(c)

the Secretary of State, or

(d)

any other person or organisation represented on the

SSSNB.

Proceedings

(1)

The SSSNB’s constitutional arrangements may not provide for a

member of the SSSNB to be entitled to vote in respect of its

proceedings unless the member is a person representing the

interests of any of the prescribed organisations.

(2)

Subject to sub-paragraph (1), the arrangements may make

provision about the proceedings of the SSSNB (including provision

allowing the SSSNB to determine its own proceedings).

Administrative support

The SSSNB’s constitutional arrangements may make provision

about the provision of administrative support by the Secretary

of State to the SSSNB.

Annual reports

(1)

The SSSNB’s constitutional arrangements must provide for the

SSSNB to prepare a report, in respect of each successive period

of 12 months beginning with the day on which it is established,

about the performance of its functions in that period.

(2)

The arrangements may—

(a)

require the SSSNB to send copies of the report to specified

persons;

(b)

require the SSSNB otherwise to publish the report in a

specified manner.

In this sub-paragraph “specified” means specified in the

arrangements.

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Fees and expenses

The SSSNB’s constitutional arrangements may make provision

about—

(a)

the payment of fees by the Secretary of State to the person

appointed to chair the SSSNB;

(b)

the payment by the Secretary of State of expenses incurred

by the SSSNB.

Interpretation

In this Schedule—

“school support staff organisation” means an organisation

that, in the opinion of the Secretary of State, represents

the interests of school support staff;

“school support staff employer organisation” means an

organisation that, in the opinion of the Secretary of State,

represents the interests of employers of school support

staff.”

Consequential amendments

In the House of Commons Disqualification Act 1975, in Part 3 of Schedule

1 (other disqualifying offices), at the appropriate place insert—

“Person appointed to chair the School Support Staff Negotiating

Body.”

In Schedule 2 to the Education Act 2002 (effect on staffing of suspension

of delegated budget)—

(a)

after paragraph 10 insert—

“10A

Paragraph 8 has effect subject to—

(a)

any provision made by regulations under section

148H (2)(a) or 148J (2)(a);

(b)

any provision made by regulations under section

148J (2)(d) or 148K (2)(b) or (4)(b), where the

regulations provide that they are to have effect for

determining the terms and conditions of

employment of persons to whom they apply.”;

(b)

omit paragraph 11.

Pre-commencement consultation

If, before the coming into force of paragraph 2 (which inserts Schedule 12A

to the Education Act 2002), any consultation takes place which would have

satisfied the requirement for consultation under paragraph 1(5) of that

Schedule to any extent if it had been in force, that requirement is to be

taken as having been satisfied to that extent.

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Schedule 5

Section 53

Seafarers’ wages and working conditions

Amendment of Seafarers’ Wages Act 2023

The Seafarers’ Wages Act 2023 (“the Act”) is amended in accordance with

paragraphs 2 to 23 .

Part 1 of the Act: relevant services

For the italic heading before section 1 substitute—

Part 1

Relevant services

In section 1 (services to which this Act applies)—

(a)

for the heading substitute “Relevant services”;

(b)

in subsection (1), for “This Act applies to” substitute “In this Act,

“relevant service” means”;

(c)

in subsection (2), for “this Act does not apply to” substitute

““relevant service” does not include”;

(d)

for subsection (4) substitute—

“(4)

In this Act, “ship”—

(a)

includes—

(i)

any kind of vessel used in navigation, and

(ii)

hovercraft;

(b)

includes a ship which is registered in a State other

than the United Kingdom.”

Chapter 1 of Part 2 of the Act: non-qualifying seafarers

After section 1 insert—

Part 2

Remuneration of seafarers

Chapter 1

Non-qualifying seafarers

In section 2 (non-qualifying seafarers), in paragraph (a), for “service to

which this Act applies” substitute “relevant service”.

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Chapter 2 of Part 2 of the Act: national minimum wage equivalence declarations

For the italic heading before section 3 substitute—

Chapter 2

National minimum wage equivalence declarations

In section 3 (request for declaration)—

(a)

in the heading, after “for” insert “equivalence”;

(b)

in subsection (1)—

(i)

for “Act applies” substitute “Chapter applies (see subsection

(4A) )”;

(ii)

at the end insert “(see section 19 for the meaning of “relevant

year”)”;

(c)

after subsection (4) insert—

“(4A)

This Chapter applies to a relevant service, subject to

provision made by remuneration regulations in reliance on

section 4A (6) .”;

(d)

omit subsections (5) and (6).

In section 4 (nature of declaration)—

(a)

in the heading, after “of” insert “equivalence”;

(b)

after subsection (5) insert—

“(5A)

For the meaning of “UK work”, see section 19.

(5B)

For the meaning of “national minimum wage equivalent”,

see section 4D (1) .”;

(c)

omit subsections (6) to (10).

Chapters 3 and 4 of Part 2 of the Act: remuneration regulations and declarations

After section 4 insert—

Chapter 3

Remuneration regulations and declarations

Remuneration regulations

Remuneration regulations

(1)

Regulations may specify requirements relating to the remuneration

of non-qualifying seafarers in respect of their work carried out in

relation to the provision of a relevant service (whether or not in the

territorial waters of the United Kingdom).

(2)

In this Act, regulations under subsection (1) are referred to as

“remuneration regulations”.

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(3)

Remuneration regulations may relate to remuneration in respect of

only some of the work carried out in relation to the provision of a

relevant service, and may frame such provision by reference to the

waters in which the work is carried out or in any other way.

(4)

Remuneration regulations may apply to—

(a)

all relevant services, or

(b)

one or more relevant services of a specified description.

(5)

For the purposes of subsection (4) (b) , a service may be described

by reference to (among other things) the route operated by the

service.

(6)

Remuneration regulations may provide that Chapter 2 does not

apply to any extent to a relevant service to which the regulations

apply.

Remuneration declarations

Request for remuneration declaration

(1)

Subsection (2) applies where a harbour authority has reasonable

grounds to believe that ships providing a service to which

remuneration regulations apply will enter, or have entered, its

harbour on at least—

(a)

120 occasions, or

(b)

if remuneration regulations specify a higher number in

relation to services of a specified description and the service

is of that description, that higher number of occasions,

during a relevant year (see section 19 for the meaning of “relevant

year”).

(2)

The harbour authority must, within such period as is determined

by regulations under this subsection, request that the operator of

the service provide the authority with a remuneration declaration

in respect of the service for the relevant year.

(3)

The duty under subsection (2) is subject to any direction given by

the Secretary of State under section 16(1)(a).

(4)

A harbour authority which fails to comply with subsection (2) is

guilty of an offence and liable on summary conviction—

(a)

in England and Wales, to a fine, or

(b)

in Scotland and Northern Ireland, to a fine not exceeding

level 5 on the standard scale.

Nature of remuneration declaration

(1)

A remuneration declaration in respect of a service for a relevant

year is a declaration within any of subsections (2) to (5) .

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(2)

A declaration is within this subsection if it is provided before the

beginning of the relevant year and it is to the effect that—

(a)

in the relevant year there will be no non-qualifying seafarers

working on ships providing the service, or

(b)

in the relevant year non-qualifying seafarers working on

ships providing the service will be remunerated in respect

of their work in relation to the service in accordance with

the remuneration regulations that apply in relation to them.

(3)

A declaration is within this subsection if it is provided during the

relevant year and it is to the effect that—

(a)

in what remains of the relevant year there will be no

non-qualifying seafarers working on ships providing the

service, or

(b)

in what remains of the relevant year non-qualifying seafarers

working on ships providing the service will be remunerated

in respect of their work in relation to the service in

accordance with the remuneration regulations that apply in

relation to them.

(4)

A declaration is within this subsection if it is provided during the

relevant year and it is to the effect that—

(a)

in so much of the relevant year as has already occurred—

(i)

there have been no non-qualifying seafarers working

on ships providing the service, or

(ii)

non-qualifying seafarers working on ships providing

the service have been remunerated in respect of their

work in relation to the service in accordance with the

remuneration regulations that apply in relation to

them, and

(b)

in what remains of the relevant year—

(i)

there will be no non-qualifying seafarers working on

ships providing the service, or

(ii)

non-qualifying seafarers working on ships providing

the service will be remunerated in respect of their

work in relation to the service in accordance with the

remuneration regulations that apply in relation to

them.

(5)

A declaration is within this subsection if it is provided after the end

of the relevant year and it is to the effect that—

(a)

in the relevant year there were no non-qualifying seafarers

working on ships providing the service, or

(b)

in the relevant year non-qualifying seafarers working on

ships providing the service were remunerated in respect of

their work in relation to the service in accordance with the

remuneration regulations that apply in relation to them.

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Chapter 4

Chapters 2 and 3: supplementary regulations

Regulations about national minimum wage equivalent etc

(1)

For the purposes of this Part, the national minimum wage equivalent

is an hourly rate specified in regulations.

(2)

Regulations may make provision for determining for the purposes

of this Part—

(a)

the hourly rate at which a non-qualifying seafarer is

remunerated in any period in respect of any work, and

(b)

whether, or the extent to which, a non-qualifying seafarer’s

work in relation to a relevant service is UK work.

(3)

Regulations under subsection (2) (a) may in particular make—

(a)

any provision referred to in section 2(2) to (6) of the National

Minimum Wage Act 1998;

(b)

provision relating to currency conversion.

(4)

Subsection (5) applies for the purposes of—

(a)

section 4, and

(b)

remuneration regulations that are framed by reference to the

national minimum wage equivalent.

(5)

The Secretary of State must in making regulations under this section

seek to secure that a non-qualifying seafarer is remunerated at a

rate equal to the national minimum wage equivalent only if their

remuneration is in all the circumstances broadly equivalent to the

remuneration they would receive if they qualified for the national

minimum wage.”

Part 3 of the Act: seafarers’ working conditions

After section 4D (inserted by paragraph 9 of this Schedule) insert—

Part 3

Seafarers’ working conditions

Safe working regulations

Safe working regulations

(1)

In this Part, “seafarer” means a person who works on a ship

providing a relevant service.

(2)

Regulations may specify conditions relating to the working pattern

and rest requirements of seafarers who carry out work relating to

the provision of a relevant service, including conditions about—

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(a)

their maximum periods of work in a specified period;

(b)

their minimum periods of rest in a specified period.

(3)

Regulations may make provision for the purpose of managing and

mitigating risks arising from fatigue suffered by seafarers when

carrying out their work relating to the provision of a relevant service.

(4)

Regulations under subsection (3) may, among other things—

(a)

require the operator of a relevant service to produce a plan

to manage and mitigate risks arising from fatigue suffered

by seafarers when carrying out their work relating to the

provision of the service (a “fatigue management plan”);

(b)

make provision about the contents of such a plan by

reference to a specified document as amended from time to

time.

(5)

Regulations may make provision for and in connection with the

training of seafarers who carry out work relating to the provision

of a relevant service, for the purpose of ensuring—

(a)

the safety of the ship on which they work,

(b)

the safety of things on the ship, or

(c)

the health or safety of persons on the ship.

(6)

In this Act, regulations under subsection (2) , (3) or (5) are referred

to as “safe working regulations”.

(7)

Safe working regulations may impose requirements on the operator

of a relevant service.

(8)

Safe working regulations may apply to—

(a)

all relevant services, or

(b)

one or more relevant services of a specified description.

(9)

For the purposes of subsection (8) (b) , a service may be described

by reference to (among other things) the route operated by the

service.

Safe working declarations

Request for safe working declaration

(1)

Subsection (2) applies where a harbour authority has reasonable

grounds to believe that ships providing a service to which safe

working regulations apply will enter, or have entered, its harbour

on at least—

(a)

120 occasions, or

(b)

if safe working regulations specify a higher number in

relation to services of a specified description and the service

is of that description, that higher number of occasions,

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during a relevant year (see section 19 for the meaning of “relevant

year”).

(2)

The harbour authority must, within such period as is determined

by regulations under this subsection, request that the operator of

the service provide the authority with a safe working declaration

in respect of the service for the relevant year.

(3)

The duty under subsection (2) is subject to any direction given by

the Secretary of State under section 16(1)(a).

(4)

A harbour authority which fails to comply with subsection (2) is

guilty of an offence and liable on summary conviction—

(a)

in England and Wales, to a fine, or

(b)

in Scotland and Northern Ireland, to a fine not exceeding

level 5 on the standard scale.

Nature of safe working declaration

(1)

A safe working declaration in respect of a service for a relevant

year is a declaration within any of subsections (2) to (5) .

(2)

A declaration is within this subsection if it is provided before the

beginning of the relevant year and it is to the effect that the safe

working conditions will be met in relation to the service in the

relevant year.

(3)

A declaration is within this subsection if it is provided during the

relevant year and it is to the effect that the safe working conditions

will be met in relation to the service in what remains of the relevant

year.

(4)

A declaration is within this subsection if it is provided during the

relevant year and it is to the effect that—

(a)

the safe working conditions have been met in relation to the

service in so much of the relevant year as has already

occurred, and

(b)

the safe working conditions will be met in relation to the

service in what remains of the relevant year.

(5)

A declaration is within this subsection if it is provided after the end

of the relevant year and it is to the effect that the safe working

conditions were met in relation to the service in the relevant year.

(6)

For the purposes of this section the safe working conditions are met

in relation to a service at a particular time if at that time—

(a)

the service is operated in compliance with regulations under

section 4E (2) or (3) that apply to the service,

(b)

the service is operated in compliance with a fatigue

management plan that is required for the service by

regulations under section 4E (3) (see section 4E (4) ), and

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(c)

the service is operated in compliance with regulations under

section 4E (5) that apply to the service.

(7)

References in subsection (6) to the operation of a service include

references to its operation outside the territorial waters of the United

Kingdom.”

Part 4 of the Act: enforcement of Parts 2 and 3

After section 4G (inserted by paragraph 10 of this Schedule) insert—

Part 4

Enforcement of Parts 2 and 3

Offence of operating service inconsistently with declaration

In section 5 (offence of operating service inconsistently with declaration)—

(a)

in subsection (1)—

(i)

for “service to which this Act applies” substitute “relevant

service”;

(ii)

in paragraph (a), for “an equivalence declaration” substitute

“a declaration”;

(b)

in subsections (2), (3) and (4), omit “equivalence”.

(1)

Section 6 (imposition of surcharges: failure to provide declaration in time)

is amended as follows.

(2)

In subsection (1)(a)—

(a)

for “service to which this Act applies” substitute “relevant service”;

(b)

for “an equivalence declaration” substitute “a declaration”.

(3)

In subsection (1)(b), for “an equivalence declaration” substitute “the

requested declaration”.

(4)

In subsection (2)(b)(ii), for “an equivalence declaration” substitute “the

requested declaration”.

(5)

In subsection (3)(b)(ii), for “an equivalence declaration” substitute “the

requested declaration”.

(6)

In subsection (5)(a), for “an equivalence declaration” substitute “the

requested declaration”.

(7)

In subsection (5)(b), for “section 4(4) or (5).” substitute “—

“(i)

section 4(4) or (5),

(ii)

section 4C (4) or (5) , or

(iii)

section 4G (4) or (5) ,

(whichever applies).”

(8)

In subsection (6)—

(a)

for “an equivalence declaration” substitute “a declaration”;

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(b)

in the definition of “prescribed period”, for “3(5)(a)” substitute

“ 16A (1) (a) ”;

(c)

in the definition of “prescribed form and manner”, for “3(5)(b) and

(c)” substitute “ 16A (1) (b) and (c) ”.

In section 7 (imposition of surcharges: in-year declaration that is prospective

only), in subsection (1)—

(a)

in paragraph (a)—

(i)

for “service to which this Act applies” substitute “relevant

service”;

(ii)

for “an equivalence declaration” substitute “a declaration”;

(b)

in paragraph (b), for “3(5)” substitute “ 16A (1) ”;

(c)

in paragraph (c), for the words from “within subsection (3)” to the

end substitute “—

“(i)

within subsection (3) of section 4 (and not also

within subsection (4) of that section),

(ii)

within subsection (3) of section 4C (and not

also within subsection (4) of that section), or

(iii)

within subsection (3) of section 4G (and not

also within subsection (4) of that section),

(whichever applies).”

(1)

Section 8 (imposition of surcharges: operating inconsistently with

declaration) is amended as follows.

(2)

In subsection (1)(a)—

(a)

for “service to which this Act applies” substitute “relevant service”;

(b)

for “an equivalence declaration” substitute “a declaration”.

(3)

In subsection (3), after “equivalence declaration” insert “, remuneration

declaration or safe working declaration (as the case may be)”.

(4)

In subsection (4)(a)—

(a)

for “service to which this Act applies” substitute “relevant service”;

(b)

for “an equivalence declaration” substitute “a declaration”.

(5)

In subsection (6), after “equivalence declaration” insert “, remuneration

declaration or safe working declaration (as the case may be)”.

In section 11 (refusal of harbour access for failure to pay surcharge), in

subsection (1), for “service to which this Act applies” substitute “relevant

service”.

(1)

Section 12 (provision of information by operators) is amended as follows.

(2)

In subsection (1)—

(a)

for “service to which this Act applies” substitute “relevant service”;

(b)

in paragraphs (a) and (b), for “an equivalence declaration” substitute

“a declaration”.

(3)

In subsection (2)—

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(a)

in paragraph (b), at the beginning insert “for the purposes of Part

2,”;

(b)

after paragraph (b) insert—

“(c)

for the purposes of Part 3—

(i)

information relating to the working pattern,

working conditions or training of persons

working on ships providing the service;

(ii)

a fatigue management plan produced by the

operator of the service (see section 4E (4) (a) ).”

(4)

In subsection (5), for “service to which this Act applies” substitute “relevant

service”.

In section 13 (provision of information by harbour authorities), in subsection

(2)(b), omit “equivalence”.

In section 14 (inspections), in subsection (2)—

(a)

in paragraph (a), for “service to which this Act applies” substitute

“relevant service”;

(b)

in paragraphs (a) and (b), for “an equivalence declaration” substitute

“a declaration”.

Part 5 of the Act: general and final provisions

After section 15 insert—

Part 5

General and final provisions

After section 16 insert—

“16A

Regulations about declarations

(1)

Regulations may make provision—

(a)

as to the period within which declarations are to be provided;

(b)

as to the wording of declarations and the form in which they

are to be provided;

(c)

as to the manner in which declarations are to be provided.

(2)

Regulations under subsection (1) (b) may specify a single form

combining different kinds of declarations (but a requirement to

provide a declaration in such a form does not require an operator

of a service to provide a declaration which a harbour authority has

not requested the operator to provide).”

In section 17 (regulations)—

(a)

in the heading, at the end insert “: general”;

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(b)

in subsection (2)(a), for sub-paragraph (i) (but not the “or” after it)

substitute—

“(i)

relevant service,”.

(1)

Section 19 (general interpretation) is amended as follows.

(2)

After the definition of “the data protection legislation” insert—

““declaration” (without more) means—

(a)

an equivalence declaration,

(b)

a remuneration declaration, or

(c)

a safe working declaration;”.

(3)

Omit the definition of “national minimum wage equivalent”.

(4)

In the definition of “operator”, for “service to which this Act applies”

substitute “relevant service”.

(5)

After the definition of “operator” insert—

““relevant service” has the meaning given by section 1;”.

(6)

In the definition of “relevant year”, for “has the meaning given by section

3(6);” substitute “means—

“(a)

the period of 12 months beginning with a date specified in

regulations, and

(b)

each successive period of 12 months;”.

(7)

After the definition of “relevant year” insert—

““remuneration declaration” has the meaning given by section 4C (1) ;

“remuneration regulations” has the meaning given by section 4A (2) ;

“safe working declaration” has the meaning given by section 4G (1) ;

“safe working regulations” has the meaning given by section 4E (6) ;”.

(8)

In the definition of “UK work”, for “has the meaning given by section 4(10)”

substitute “means work which is carried out in the United Kingdom or its

territorial waters”.

Amendment of title of the Act

(1)

The Seafarers’ Wages Act 2023 may be cited as the Seafarers (Wages and

Working Conditions) Act 2023.

(2)

For the words “Seafarers’ Wages Act 2023” wherever they occur in any

enactment substitute “Seafarers (Wages and Working Conditions) Act 2023”.

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Schedule 6

Section 57

Trade union recognition

Part 1

Introduction

Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act

1992 is amended in accordance with Parts 2 to 5 of this Schedule.

Part 6 of this Schedule contains consequential amendments to the

Employment Relations Act 2004.

Part 2

Recognition

Meaning of “the application day”

In paragraph 2 (interpretation of Part 1 of Schedule A1), after sub-paragraph

(5) insert—

“(6)

In relation to an application under paragraph 11 or 12, a reference

to the application day is to the day on which the CAC receives

the application.”

Acceptance of applications

(1)

Paragraph 14 (acceptance of applications: multiple applications) is amended

as follows.

(2)

After sub-paragraph (1) insert—

“(1A)

For the purposes of sub-paragraph (1)(b), any worker who joined

any of the relevant bargaining units after the application day is

to be disregarded.”

(3)

In sub-paragraph (4), for “10 per cent test” substitute “required percentage

test”.

(4)

In sub-paragraph (5)—

(a)

for “10 per cent test” substitute “required percentage test”;

(b)

for “at least 10 per cent” substitute “at least the required percentage

(see paragraph 171B)”.

(5)

After sub-paragraph (5) insert—

“(5A)

For the purposes of sub-paragraph (5), any worker who joined

the relevant bargaining unit after the application day is to be

disregarded.”

(6)

In sub-paragraph (7)—

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(a)

in paragraph (a), for “10 per cent test” substitute “required

percentage test”;

(b)

in paragraph (b), for “10 per cent test” substitute “required

percentage test”.

(7)

In sub-paragraph (8), for “10 per cent test” substitute “required percentage

test”.

Withdrawal of application

In paragraph 16 (withdrawal of application), in sub-paragraph (1)(a), after

“19F(5)” insert “, 19K (4) or (5) , 19P (4) or (5) ”.

Notice to cease consideration of application

In paragraph 17 (notice to cease consideration of application), in

sub-paragraph (3)(a), after “19F(5)” insert “, 19K (4) or (5) , 19P (4) or (5) ”.

Communication with workers through independent person after application

(1)

Paragraph 19C (appointment of independent person to handle

communications between union and workers) is amended as follows.

(2)

After sub-paragraph (2) insert—

“(2A)

An application under sub-paragraph (2) is valid only if it is made

before the end of the period of 5 working days starting with the

day after the day on which the CAC gives the union (or unions)

notice under paragraph 15(5) that the application mentioned in

sub-paragraph (1) is accepted.”

(3)

In sub-paragraph (5)(c), after “19F(5)” insert “, 19K (4) or (5) , 19P (4) or (5) ”.

(4)

In sub-paragraph (7), for “an application” substitute “a valid application”.

Access agreements

After paragraph 19F insert—

“Access agreements

19G

(1)

This paragraph applies if—

(a)

the CAC accepts an application under paragraph 11(2) or

12(2) or (4), and

(b)

the application is in progress.

(2)

The union (or unions) may, by giving notice to the CAC and the

employer within the access request period, request access to the

relevant workers in connection with the application.

(3)

In the case of an application under paragraph 11(2) or 12(2), the

relevant workers are—

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(a)

in relation to any time before an appropriate bargaining

unit is agreed by the parties or decided by the CAC, those

falling within the proposed bargaining unit, and

(b)

in relation to any time after an appropriate bargaining

unit is so agreed or decided, those falling within the

bargaining unit agreed or decided upon.

(4)

In the case of an application under paragraph 12(4), the relevant

workers are those falling within the bargaining unit agreed by

the parties.

(5)

The access request period is the period of 5 working days starting

with the day after the day on which the CAC gives the union (or

unions) notice under paragraph 15(5) that the application is

accepted.

(6)

For the purposes of this paragraph and paragraphs 19H to 19K

, an application under paragraph 11 or 12 is in progress if none

of the following has occurred—

(a)

the withdrawal of the application;

(b)

the CAC giving notice to the union (or unions) of a

decision under paragraph 20 that the application is invalid;

(c)

the CAC giving notice to the union (or unions) of a

declaration issued under paragraph 19F(5), 19K (4) or (5) ,

19P (4) or (5) , 22(2) or 27(2) in relation to the application;

(d)

the holding of any ballot arising from the application.

19H

(1)

This paragraph applies if—

(a)

the CAC accepts an application under paragraph 11(2) or

12(2) or (4),

(b)

the union requests (or unions request) access to the

relevant workers under paragraph 19G (2) in connection

with the application, and

(c)

the application is in progress.

(2)

The CAC must try to help the parties to reach agreement within

the negotiation period as to terms on which the union is (or

unions are) to have access to the relevant workers.

(3)

The negotiation period is, subject to any notice under

sub-paragraph (4) or (6) , the period of 15 working days starting

with the day after the day on which the union gives (or unions

give) notice to the employer under paragraph 19G (2) .

(4)

If, during the negotiation period, the CAC concludes that there

is no reasonable prospect of the parties’ agreeing terms on which

the union is (or unions are) to have access to the relevant workers

before the time when (apart from this sub-paragraph) the

negotiation period would end, the CAC may, by a notice given

to the parties, declare that the negotiation period ends with the

date of the notice.

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(5)

A notice under sub-paragraph (4) must contain reasons for

reaching the conclusion mentioned in that sub-paragraph.

(6)

If, during the negotiation period, the parties apply to the CAC

for a declaration that the negotiation period is to end with a date

(specified in the application) which is earlier or later than the

date with which it would otherwise end, the CAC may, by a

notice given to the parties, declare that the negotiation period

ends with the specified date.

19I

(1)

This paragraph applies if—

(a)

the CAC accepts an application under paragraph 11(2) or

12(2) or (4),

(b)

the union requests (or unions request) access to the

relevant workers under paragraph 19G (2) in connection

with the application,

(c)

the parties have not within the negotiation period agreed

terms on which the union is (or unions are) to have access

to the relevant workers, and

(d)

the application is in progress.

(2)

Within the adjudication period, the CAC must—

(a)

decide the terms on which the union is (or unions are) to

have access to the relevant workers, or

(b)

decide that the union is (or unions are) not to have access

to the relevant workers.

(3)

The adjudication period is—

(a)

the period of 10 working days starting with the day after

the day with which the negotiation period ends, or

(b)

such longer period (so starting) as the CAC may specify

to the parties by notice containing reasons for the

extension.

(4)

Any terms decided by the CAC must be terms that the CAC

regards as allowing such access to the relevant workers as is

reasonable to enable the union (or unions) to—

(a)

inform the workers of the object of the application or any

ballot arising from it, and

(b)

seek their support and their opinions on the issues

involved.

19J

(1)

This paragraph applies if—

(a)

an access agreement is entered into, and

(b)

the application under paragraph 11 or 12 is in progress.

(2)

“Access agreement” means—

(a)

terms on which the union is (or unions are) to have access

to the relevant workers and which are agreed between

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the parties under paragraph 19H during the negotiation

period, or

(b)

terms on which the union is (or unions are) to have access

to the relevant workers and which are decided by the

CAC under paragraph 19I ,

and such an agreement is “entered into” when the terms are so

agreed or decided.

(3)

The parties must comply with the access agreement.

(4)

The employer must refrain from making any offer to any or all

of the relevant workers which—

(a)

has or is likely to have the effect of inducing any or all

of them not to attend any relevant meeting between the

union (or unions) and the relevant workers, and

(b)

is not reasonable in the circumstances.

(5)

The employer must refrain from taking, or threatening to take,

any action against a worker solely or mainly on the grounds that

the worker—

(a)

attended or took part in any relevant meeting between

the union (or unions) and the relevant workers, or

(b)

indicated an intention to attend or take part in such a

meeting.

(6)

In the case of an application under paragraph 11(2) or 12(2), the

relevant workers are—

(a)

in relation to any time before an appropriate bargaining

unit is agreed by the parties or decided by the CAC, those

falling within the proposed bargaining unit, and

(b)

in relation to any time after an appropriate bargaining

unit is so agreed or decided, those falling within the

bargaining unit agreed or decided upon.

(7)

In the case of an application under paragraph 12(4), the relevant

workers are those falling within the bargaining unit agreed by

the parties.

(8)

A meeting is a relevant meeting in relation to a worker for the

purposes of sub-paragraphs (4) and (5) if—

(a)

it is organised in accordance with an access agreement or

as a result of a step ordered to be taken under paragraph

19K to remedy a failure to comply with the duty in

sub-paragraph (3) , and

(b)

it is one which the employer is, by such an agreement or

order as is mentioned in paragraph (a), required to permit

the worker to attend.

(9)

The duties imposed by sub-paragraphs (4) and (5) do not confer

any rights on a worker; but that does not affect any other right

which a worker may have.

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(10)

Any provision of an access agreement that would require personal

data relating to any of the relevant workers to be disclosed to

any person who is not an appointed person is of no effect for the

purposes of this Part of this Schedule.

(11)

In sub-paragraph (10) —

(a)

“appointed person” means—

(i)

a person appointed to handle communications

under paragraph 19C, or

(ii)

a person appointed to conduct a ballot under

paragraph 25;

(b)

“personal data” has the same meaning as in the Data

Protection Act 2018 (see section 3 of that Act).

(12)

An access agreement is to be conclusively presumed not to have

been intended by the parties to be a legally enforceable contract;

and, accordingly, where an access agreement is, or is part of, a

collective agreement, section 179(2) and (3)(a) do not apply to the

access agreement.

19K

(1)

Sub-paragraph (2) applies if—

(a)

the CAC is satisfied that a party has failed to fulfil any

of the duties imposed on that party by paragraph 19J , and

(b)

the application under paragraph 11 or 12 is in progress.

(2)

The CAC may order the party—

(a)

to take such steps to remedy the failure as the CAC

considers reasonable and specifies in the order, and

(b)

to do so within such period as the CAC considers

reasonable and specifies in the order.

(3)

Sub-paragraphs (4) and (5) apply if—

(a)

the CAC is satisfied that a party has failed to comply with

an order under sub-paragraph (2) ,

(b)

the application under paragraph 11 or 12 is in progress,

(c)

the parties have agreed an appropriate bargaining unit or

the CAC has decided an appropriate bargaining unit, and

(d)

in the case of an application under paragraph 11(2) or

12(2), the CAC, if required to do so, has decided under

paragraph 20 that the application is not invalid.

(4)

If the party that has failed to comply is the employer, the CAC

may issue a declaration that the union is (or unions are)

recognised as entitled to conduct collective bargaining on behalf

of the bargaining unit.

(5)

If the party that has failed to comply is a union, the CAC may

issue a declaration that the union is (or unions are) not entitled

to be so recognised.

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19L

(1)

Each of the powers specified in sub-paragraph (2) is to be taken

to include power to issue Codes of Practice about any matter

relating to requests for access under paragraph 19G (2) , including

(among other things)—

(a)

what access is reasonable for the purposes of paragraph

19I (4) ;

(b)

the duty in paragraph 19J (4) .

(2)

The powers are—

(a)

the power of ACAS under section 199(1);

(b)

the power of the Secretary of State under section 203(1)(a).”

Unfair practices

After paragraph 19L (inserted by paragraph 8 of this Schedule) insert—

“Unfair practices

19M

(1)

Each of the parties informed by the CAC under paragraph 15(5)

that an application under paragraph 11 or 12 is accepted must

refrain from using any unfair practice in relation to the

application.

(2)

A party uses an unfair practice if, with a view to influencing the

outcome of the application, the party does any of the following—

(a)

dismisses, or threatens to dismiss, a worker;

(b)

takes, or threatens to take, disciplinary action against a

worker;

(c)

subjects, or threatens to subject, a worker to any other

detriment;

(d)

offers to pay money, or give money’s worth, to a relevant

worker in return for the worker’s agreement to vote in a

particular way, or to abstain from voting, in a relevant

ballot;

(e)

makes an outcome-specific offer to a relevant worker;

(f)

coerces, or attempts to coerce, a relevant worker to

disclose—

(i)

whether the worker intends to vote, or to abstain

from voting, in any relevant ballot, or

(ii)

how the worker intends to vote, or has voted, in

any relevant ballot;

(g)

uses, or attempts to use, undue influence on a relevant

worker.

(3)

In sub-paragraph (2) —

(a)

“relevant ballot” means any ballot that is or may be held

in which workers are asked whether they want the union

(or unions) to conduct collective bargaining on their behalf,

and

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(b)

“relevant worker” means any worker who is or would be

entitled to vote in a relevant ballot.

(4)

For the purposes of sub-paragraph (2) (e) an “outcome-specific

offer” is an offer to pay money, or give money’s worth, which—

(a)

is conditional on the issuing by the CAC of a declaration

that—

(i)

the union is (or unions are) recognised as entitled

to conduct collective bargaining on behalf of a

bargaining unit, or

(ii)

the union is (or unions are) not entitled to be so

recognised, and

(b)

is not conditional on anything which is done or occurs as

a result of the declaration in question.

(5)

The duty imposed by this paragraph does not confer any rights

on a worker; but that does not affect any other right which a

worker may have.

(6)

Each of the following powers is to be taken to include power to

issue Codes of Practice about unfair practices for the purposes

of this paragraph—

(a)

the power of ACAS under section 199(1);

(b)

the power of the Secretary of State under section 203(1)(a).

19N

(1)

A party may complain to the CAC that another party has failed

to comply with paragraph 19M .

(2)

A complaint under sub-paragraph (1) may not be made after—

(a)

the application under paragraph 11 or 12 is withdrawn;

(b)

the CAC gives notice to the union (or unions) of a decision

under paragraph 20 that the application is invalid;

(c)

the CAC notifies the union (or unions) of a declaration

issued under paragraph 19F(5), 19K (4) or (5) , 19P (4) or

(5) , 22(2) or 27(2) in relation to the application;

(d)

if the CAC informs the union (or unions) under paragraph

25(9) of a ballot in relation to the application, the fifth

working day after—

(i)

the date of the ballot, or

(ii)

if votes may be cast in the ballot on more than one

day, the last of those days.

(3)

Within the decision period the CAC must decide whether the

complaint is well-founded.

(4)

A complaint is well-founded if the CAC finds that the party

complained against used an unfair practice.

(5)

The decision period is—

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(a)

the period of 10 working days starting with the day after

the day on which the complaint under sub-paragraph (1)

was received by the CAC, or

(b)

such longer period (so starting) as the CAC may specify

to the parties by a notice containing reasons for the

extension.

19O

(1)

This paragraph applies if the CAC decides that a complaint under

paragraph 19N is well-founded.

(2)

The CAC must, as soon as is reasonably practicable, issue a

declaration to that effect.

(3)

The CAC may order the party concerned to take any action

specified in the order within such period as may be so specified.

(4)

Sub-paragraph (5) applies if—

(a)

the parties have agreed an appropriate bargaining unit or

the CAC has decided an appropriate bargaining unit, and

(b)

the CAC has at any time informed the union (or unions)

under paragraph 25(9) of a ballot in relation to the

application (including a ballot that was cancelled or is

ineffective).

(5)

The CAC may give notice to the employer and to the union (or

unions) that it intends to arrange for the holding of a secret ballot

in which the workers constituting the bargaining unit, other than

those who joined the bargaining unit after the application day,

are asked whether they want the union (or unions) to conduct

collective bargaining on their behalf.

(6)

The CAC may make an order under sub-paragraph (3) , or give

a notice under sub-paragraph (5) , either at the same time as it

issues the declaration under sub-paragraph (2) or at any other

time before any of the following occurs—

(a)

the withdrawal of the application under paragraph 11 or

12;

(b)

the CAC giving notice to the union (or unions) of a

decision under paragraph 20 that the application is invalid;

(c)

the CAC notifying the union (or unions) of a declaration

issued under paragraph 19F(5), 19K (4) or (5) , 19P (4) or

(5) , 22(2) or 27(2) in relation to the application;

(d)

if the CAC informs the union (or unions) under paragraph

25(9) of a ballot in relation to the application, the CAC

acting under paragraph 29 in relation to the ballot.

(7)

The action specified in an order under sub-paragraph (3) must

be such as the CAC considers reasonable in order to mitigate the

effect of the failure of the party concerned to comply with the

duty imposed by paragraph 19M .

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(8)

The CAC may make more than one order under sub-paragraph

(3) .

19P

(1)

Sub-paragraphs (4) to (6) apply if—

(a)

the CAC issues a declaration under paragraph 19O (2) that

a complaint that a party has failed to comply with

paragraph 19M is well-founded,

(b)

the application under paragraph 11 or 12 has not been

withdrawn,

(c)

the parties have agreed an appropriate bargaining unit or

the CAC has decided an appropriate bargaining unit,

(d)

in the case of an application under paragraph 11(2) or

12(2), the CAC, if required to do so, has decided under

paragraph 20 that the application is not invalid,

(e)

the CAC has not notified the union (or unions) of a

declaration issued under paragraph 19F(5), 19K (4) or (5) ,

19P (4) or (5) , 22(2) or 27(2) in relation to the application,

and

(f)

sub-paragraph (2) or (3) applies.

(2)

This sub-paragraph applies if the declaration states that the unfair

practice used consisted of or included—

(a)

the use of violence, or

(b)

the dismissal of a union official.

(3)

This sub-paragraph applies if the CAC has made an order under

paragraph 19O (3) and—

(a)

it is satisfied that the party subject to the order has failed

to comply with it, or

(b)

it makes another declaration under paragraph 19O (2) in

relation to a complaint against that party.

(4)

If the party that has failed to comply is the employer, the CAC

may issue a declaration that the union is (or unions are)

recognised as entitled to conduct collective bargaining on behalf

of the bargaining unit.

(5)

If the party that has failed to comply is a union, the CAC may

issue a declaration that the union is (or unions are) not entitled

to be so recognised.

(6)

The powers conferred by this paragraph are in addition to those

conferred by paragraph 19O .”

Powers of CAC on proceeding with application

(1)

Paragraph 22 (powers of CAC where majority of workers are members of

union) is amended as follows.

(2)

In sub-paragraph (1)(a), after “19F(5)” insert “, 19K (4) or (5) or 19P (4) or

(5) ”.

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(3)

After sub-paragraph (1) insert—

“(1A)

For the purposes of sub-paragraph (1)(b), any worker who joined

the bargaining unit after the application day is to be disregarded.”

(4)

In sub-paragraph (3), after “bargaining unit” insert “, other than those who

joined the bargaining unit after the application day,”.

(5)

After sub-paragraph (4) insert—

“(4A)

For the purposes of sub-paragraph (4)(b) and (c), evidence from

or relating to a worker who joined the bargaining unit after the

application day is to be disregarded.”

(1)

Paragraph 23 (CAC to order ballot where majority of workers are not

members of union) is amended as follows.

(2)

In sub-paragraph (1)(a), after “19F(5)” insert “, 19K (4) or (5) or 19P (4) or

(5) ”.

(3)

After sub-paragraph (1) insert—

“(1A)

For the purposes of sub-paragraph (1)(b), any worker who joined

the bargaining unit after the application day is to be disregarded.”

(4)

In sub-paragraph (2), after “bargaining unit” insert “, other than those who

joined the bargaining unit after the application day,”.

Ballots

(1)

Paragraph 24 (notice of holding of ballot) is amended as follows.

(2)

In sub-paragraph (1), after “paragraph” insert “ 19O (5) , ”.

(3)

In sub-paragraph (5)—

(a)

before paragraph (a) insert—

“(za)

in the case of notice given under paragraph 19O (5)

, the period of 5 working days starting with the day

on which the union (or the last of the unions) receives

that notice,”;

(b)

in paragraph (a)—

(i)

at the beginning insert “in the case of notice given under

paragraph 22(3) or 23(2),”;

(ii)

for the words from “the CAC’s notice” to the end substitute

“that notice”;

(c)

in paragraph (b), for “so starting” substitute “starting with the day

mentioned in paragraph (za) or (a) (as the case may be)”.

(4)

In sub-paragraph (6)—

(a)

before paragraph (a) insert—

“(za)

in the case of notice given under paragraph 19O (5)

, the period of 5 working days starting with the day

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on which the union (or the last of the unions) receives

that notice,”;

(b)

in paragraph (a)—

(i)

at the beginning insert “in the case of notice given under

paragraph 22(3) or 23(2),”;

(ii)

for the words from “the CAC’s notice” to the end substitute

“that notice”;

(c)

in paragraph (b), for “so starting” substitute “starting with the day

mentioned in paragraph (za) or (a) (as the case may be)”.

In paragraph 25 (rules relating to ballot), after sub-paragraph (1) insert—

“(1A)

A worker who joined the bargaining unit after the application

day is not eligible to vote in the ballot.”

(1)

Paragraph 26 (duties of employer in relation to ballot) is amended as

follows.

(2)

In sub-paragraph (1), omit “five”.

(3)

In sub-paragraph (2)—

(a)

for “The first duty is to” substitute “The employer must”;

(b)

for “the second and third duties are not” substitute “no other duty

of the employer under this Part of this Schedule is”.

(4)

Omit sub-paragraph (3).

(5)

In sub-paragraph (4)—

(a)

in the words before paragraph (a), for “The third duty is to”

substitute “The employer must”;

(b)

in paragraph (a)—

(i)

for “to give” substitute “give”;

(ii)

for “constituting the bargaining unit” substitute “eligible to

vote in the ballot”;

(c)

omit paragraph (b);

(d)

in paragraph (c)—

(i)

for “to inform” substitute “inform”;

(ii)

omit “or (b)”.

(6)

After sub-paragraph (4) insert—

“(4ZA)

If the ballot is being held by virtue of paragraph 19O (5) , the duty

under sub-paragraph (4)(a) is limited to—

(a)

giving the CAC the names and home addresses of any

workers eligible to vote in the ballot which have not

previously been given to it in accordance with that duty;

(b)

informing the CAC of any change to the name or home

address of a worker whose name and home address have

previously been given to the CAC in accordance with that

duty;

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(c)

informing the CAC of any worker whose name had

previously been given to it in accordance with that duty

who has ceased to be within the bargaining unit.”

(7)

Omit sub-paragraphs (4A) to (4E), (4G), (8) and (9).

After paragraph 27 insert—

“27ZA

(1)

This paragraph applies if—

(a)

the union has (or unions have) been informed of a ballot

under paragraph 25(9), and

(b)

the CAC issues a declaration under paragraph 19K .

(2)

If the ballot has not been held, the CAC must take steps to cancel

it.

(3)

If the ballot is held, it is to have no effect.

27ZB

(1)

This paragraph applies if—

(a)

the union has (or unions have) been informed of a ballot

under paragraph 25(9),

(b)

a complaint is made under paragraph 19N , and

(c)

the ballot did not begin before the beginning of the

decision period referred to in paragraph 19N (5) .

(2)

The CAC may by notice to the parties and the qualified

independent person postpone the date on which the ballot is to

begin until a date which falls after the end of the decision period.

27ZC

(1)

This paragraph applies if—

(a)

the union has (or unions have) been informed of a ballot

under paragraph 25(9),

(b)

the CAC issues a declaration that a complaint under

paragraph 19N is well-founded, and

(c)

the CAC—

(i)

gives a notice under paragraph 19O (5) , or

(ii)

issues a declaration under paragraph 19P (4) or (5) .

(2)

If the ballot has not been held, the CAC must take steps to cancel

it.

(3)

If the ballot is held, it is to have no effect.

27ZD

(1)

This paragraph applies if—

(a)

the CAC gives a notice under paragraph 19O (5) , and

(b)

the CAC has previously made an order under paragraph

27(1) in relation to a cancelled or ineffective ballot in

connection with the application to which the notice relates.

(2)

The order has effect, to the extent that the CAC specifies in a

notice to the parties, as if it were made for the purposes of the

ballot to which the notice under paragraph 19O (5) relates.”

Omit paragraphs 27A to 27F (unfair practices during ballot).

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(1)

Paragraph 28 (costs of ballot) is amended as follows.

(2)

After sub-paragraph (1) insert—

“(1A)

If the ballot is one to which a notice under paragraph 19O (5)

relates, the gross costs of the ballot are to be borne by such of

the parties and in such proportions as the CAC may determine.”

(3)

In sub-paragraph (2), for “The gross costs” substitute “If the ballot is one

to which a notice under paragraph 22(3) or 23(2) relates, the gross costs”.

(4)

In sub-paragraph (4), for “the employer and the union (or each of the

unions)” substitute “the party or parties required to bear the costs”.

(1)

Paragraph 29 (result of ballot) is amended as follows.

(2)

For sub-paragraphs (1) and (1A) substitute—

“(1)

The CAC must act under this paragraph as soon as reasonably

practicable after—

(a)

the CAC is informed of the result of a ballot by the person

conducting it, and

(b)

the complaint period ends.

(1ZA)

The complaint period is the period of 5 working days starting

with the day after—

(a)

the date of the ballot, or

(b)

if votes may be cast in the ballot on more than one day,

the last of those days.

(1A)

The duty in sub-paragraph (1) does not apply—

(a)

if a complaint is made under paragraph 19N , on or before

the day on which the CAC decides whether the complaint

is well-founded;

(b)

if the CAC gives a notice under paragraph 19O (5) .”

(3)

For sub-paragraph (3) substitute—

“(3)

If the result is that the union is (or unions are) supported by a

majority of the workers voting, the CAC must issue a declaration

that the union is (or unions are) recognised as entitled to conduct

collective bargaining on behalf of the bargaining unit.”

(4)

Omit sub-paragraphs (5) to (7).

General provisions about admissibility of applications

(1)

Paragraph 35 (admissibility of applications: existing collective agreement)

is amended as follows.

(2)

After sub-paragraph (1) insert—

“(1A)

For the purposes of sub-paragraph (1), any worker who joined

the relevant bargaining unit after the application day is to be

disregarded.”

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(3)

After sub-paragraph (5) insert—

“(5A)

In applying sub-paragraph (1) an agreement for recognition (the

agreement in question) must be ignored if—

(a)

the union recognised under the agreement in question

does not have (or none of the unions recognised under

the agreement in question has) a certificate of

independence,

(b)

the union (or unions) making the application under

paragraph 11 or 12 made the application before the end

of the period of reflection, and

(c)

the agreement in question was entered into during the

restricted period.

(5B)

The period of reflection is the period of 20 working days starting

with the first day after the end of—

(a)

the first period referred to in paragraph 10(6), in the case

of an application under paragraph 11, or

(b)

the second period referred to in paragraph 10(7), in the

case of an application under paragraph 12.

(5C)

The restricted period is the period—

(a)

starting with the day on which the employer receives a

valid request for recognition under paragraph 4, and

(b)

ending with the day on which the CAC makes a decision

under paragraph 15.”

In paragraph 36 (admissibility of applications: minimum support), for

sub-paragraph (1) substitute—

“(1)

An application under paragraph 11 or 12 is not admissible unless

the CAC decides that members of the union (or unions) constitute

at least the required percentage (see paragraph 171B) of the

workers constituting the relevant bargaining unit.

(1A)

For the purposes of sub-paragraph (1), any worker who joined

the relevant bargaining unit after the application day is to be

disregarded.”

(1)

Paragraph 38 (admissibility of applications: overlapping bargaining unit)

is amended as follows.

(2)

In sub-paragraph (1)(d)—

(a)

after “19F(5),” insert “ 19K (4) or (5) , 19P (4) or (5) ,”;

(b)

omit “27D(3), 27D(4),”.

(3)

After sub-paragraph (2) insert—

“(2A)

For the purposes of sub-paragraph (2)(a), any worker who joined

the relevant bargaining unit or the bargaining unit referred to in

sub-paragraph (1) after the application day is to be disregarded.”

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In paragraph 40 (admissibility of applications: union not entitled to be

recognised), in sub-paragraph (1)—

(a)

for “27D(4)” substitute “ 19K (5) , 19P (5) ”;

(b)

omit the words from “; and this is so” to the end.

After paragraph 40 insert—

“40A

(1)

This paragraph applies if the CAC issues a declaration under

paragraph 81E (5) , 81J (5) or 29(4) (where it applies by virtue of

paragraph 89(5)) that a union is (or unions are) not entitled to be

recognised as entitled to conduct collective bargaining on behalf

of a bargaining unit.

(2)

An application under paragraph 11 or 12 is not admissible if—

(a)

the application is made within the period of 3 years

starting with the day after the day on which the

declaration was issued,

(b)

the relevant bargaining unit is the same or substantially

the same as the bargaining unit mentioned in

sub-paragraph (1), and

(c)

the application is made by the union (or unions) which

made the application leading to the declaration.

(3)

The relevant bargaining unit is—

(a)

the proposed bargaining unit, where the application is

under paragraph 11(2) or 12(2);

(b)

the agreed bargaining unit, where the application is under

paragraph 12(4).”

In paragraph 41 (admissibility of applications: union required to cease

bargaining arrangements), in sub-paragraph (1)—

(a)

for “119D(4), 119H(5)” substitute “ 116E (5) , 116J (5) ”;

(b)

for “the ballot concerned is arranged” substitute “the declaration is

issued”.

General provisions about validity of applications

(1)

Paragraph 44 (validity of applications: existing collective agreement) is

amended as follows.

(2)

After sub-paragraph (1) insert—

“(1A)

For the purposes of sub-paragraph (1), any worker who joined

the relevant bargaining unit after the application day is to be

disregarded.”

(3)

After sub-paragraph (5) insert—

“(6)

In applying sub-paragraph (1) an agreement for recognition (the

agreement in question) must be ignored if—

(a)

the union recognised under the agreement in question

does not have (or none of the unions recognised under

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the agreement in question has) a certificate of

independence,

(b)

the union (or unions) making the application under

paragraph 11 or 12 made the application before the end

of the period of reflection, and

(c)

the agreement in question was entered into during the

restricted period.

(7)

The period of reflection is the period of 20 working days starting

with the first day after the end of—

(a)

the first period referred to in paragraph 10(6), in the case

of an application under paragraph 11, or

(b)

the second period referred to in paragraph 10(7), in the

case of an application under paragraph 12.

(8)

The restricted period is the period—

(a)

starting with the day on which the employer receives a

valid request for recognition under paragraph 4, and

(b)

ending with the day on which the CAC makes a decision

under paragraph 20.”

For paragraph 45 (validity of applications: minimum support) substitute—

“45

(1)

The application in question is invalid unless the CAC decides

that members of the union (or unions) constitute at least the

required percentage (see paragraph 171B) of the workers

constituting the relevant bargaining unit.

(2)

For the purposes of sub-paragraph (1), any worker who joined

the relevant bargaining unit after the application day is to be

disregarded.”

(1)

Paragraph 46 (validity of applications: overlapping bargaining unit) is

amended as follows.

(2)

In sub-paragraph (1)(d)—

(a)

after “19F(5),” insert “ 19K (4) or (5) , 19P (4) or (5) ,”;

(b)

omit “27D(3), 27D(4),”.

(3)

After sub-paragraph (2) insert—

“(3)

For the purposes of sub-paragraph (2)(a), any worker who joined

the relevant bargaining unit or the bargaining unit referred to in

sub-paragraph (1) after the application day is to be disregarded.”

In paragraph 48 (validity of applications: union not entitled to be

recognised), in sub-paragraph (1)—

(a)

for “27D(4)” substitute “ 19K (5) , 19P (5) ”;

(b)

omit the words from “; and this is so” to the end.

Page 235

After paragraph 48 insert—

“48A

(1)

This paragraph applies if the CAC issues a declaration under

paragraph 81E (5) , 81J (5) or 29(4) (where it applies by virtue of

paragraph 89(5)) that a union is (or unions are) not entitled to be

recognised as entitled to conduct collective bargaining on behalf

of a bargaining unit.

(2)

The application in question is invalid if—

(a)

the application is made within the period of 3 years

starting with the date of the declaration,

(b)

the relevant bargaining unit is the same or substantially

the same as the bargaining unit mentioned in

sub-paragraph (1), and

(c)

the application is made by the union (or unions) which

made the application leading to the declaration.”

In paragraph 49 (validity of applications: union required to cease bargaining

arrangements), in sub-paragraph (1)—

(a)

for “119D(4), 119H(5)” substitute “ 116E (5) , 116J (5) ”;

(b)

for “the ballot concerned is arranged” substitute “the declaration is

issued”.

Competing applications

In paragraph 51 (competing applications), in sub-paragraph (2)(c), for “10

per cent test” substitute “required percentage test”.

Voluntary recognition

In paragraph 52 (voluntary recognition), in sub-paragraph (3)(f), after

“19F(5)” insert “, 19K (4) or (5) , 19P (4) or (5) ”.

Part 3

Changes affecting bargaining unit after recognition

Access agreements

After paragraph 81 insert—

“Access agreements

81A

(1)

This paragraph applies if—

(a)

the CAC accepts an application under paragraph 66 or

75, and

(b)

the application is in progress.

(2)

The union (or unions) may, by giving notice to the CAC and the

employer within the access request period, request access to the

relevant workers in connection with the application.

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(3)

The relevant workers are—

(a)

in relation to any time before the CAC decides that a

bargaining unit other than the original unit is an

appropriate bargaining unit, the workers constituting the

original unit, and

(b)

in relation to any time after the CAC decides that a

bargaining unit other than the original unit is an

appropriate bargaining unit, the workers constituting the

new unit (see paragraph 82(4)).

(4)

But, where there is more than one new unit, references to the

relevant workers are references to the workers constituting each

new unit separately.

(5)

The access request period is the period of 5 working days starting

with the day after the day on which the CAC gives the union (or

unions) notice under paragraph 68(5) or 76(5) that the application

is accepted.

(6)

For the purposes of this paragraph and paragraphs 81B to 81E

, an application under paragraph 66 or 75 is in progress if none

of the following has occurred—

(a)

the withdrawal of the application;

(b)

the CAC issuing a declaration under paragraph 69(3),

78(3), 81E (4) or (5) or 81J (4) or (5) in relation to the

application;

(c)

the CAC notifying the union (or unions) of its decision

under paragraph 77(2) or 77(3);

(d)

in relation to the new unit (or, if there is more than one,

all of the new units)—

(i)

the CAC issuing a declaration under paragraph

83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2)

(where it applies by virtue of paragraph 89(5)),

(ii)

the union (or unions) notifying the CAC under

paragraph 89(1), or

(iii)

the holding of any ballot arising from the

application.

81B

(1)

This paragraph applies if—

(a)

the CAC accepts an application under paragraph 66 or

75,

(b)

the union requests (or unions request) access to the

relevant workers under paragraph 81A (2) in connection

with the application, and

(c)

the application is in progress.

(2)

The CAC must try to help the parties to reach agreement within

the negotiation period as to terms on which the union is (or

unions are) to have access to the relevant workers.

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(3)

The negotiation period is, subject to any notice under

sub-paragraph (4) or (6) , the period of 15 working days starting

with the day after the day on which the union gives (or unions

give) notice to the employer under paragraph 81A (2) .

(4)

If, during the negotiation period, the CAC concludes that there

is no reasonable prospect of the parties’ agreeing terms on which

the union is (or unions are) to have access to the relevant workers

before the time when (apart from this sub-paragraph) the

negotiation period would end, the CAC may, by a notice given

to the parties, declare that the negotiation period ends with the

date of the notice.

(5)

A notice under sub-paragraph (4) must contain reasons for

reaching the conclusion mentioned in that sub-paragraph.

(6)

If, during the negotiation period, the parties apply to the CAC

for a declaration that the negotiation period is to end with a date

(specified in the application) which is earlier or later than the

date with which it would otherwise end, the CAC may, by a

notice given to the parties, declare that the negotiation period

ends with the specified date.

81C

(1)

This paragraph applies if—

(a)

the CAC accepts an application under paragraph 66 or

75,

(b)

the union requests (or unions request) access to the

relevant workers under paragraph 81A (2) in connection

with the application,

(c)

the parties have not within the negotiation period agreed

terms on which the union is (or unions are) to have access

to the relevant workers, and

(d)

the application is in progress.

(2)

Within the adjudication period, the CAC must—

(a)

decide the terms on which the union is (or unions are) to

have access to the relevant workers, or

(b)

decide that the union is (or unions are) not to have access

to the relevant workers.

(3)

The adjudication period is—

(a)

the period of 10 working days starting with the day after

the day with which the negotiation period ends, or

(b)

such longer period (so starting) as the CAC may specify

to the parties by notice containing reasons for the

extension.

(4)

Any terms decided by the CAC must be terms that the CAC

regards as allowing such access to the relevant workers as is

reasonable to enable the union (or unions) to—

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(a)

inform the workers of the object of the application or any

ballot arising from it, and

(b)

seek their support and their opinions on the issues

involved.

81D

(1)

This paragraph applies if—

(a)

an access agreement is entered into, and

(b)

the application under paragraph 66 or 75 is in progress.

(2)

“Access agreement” means—

(a)

terms on which the union is (or unions are) to have access

to the relevant workers and which are agreed between

the parties under paragraph 81B during the negotiation

period, or

(b)

terms on which the union is (or unions are) to have access

to the relevant workers and which are decided by the

CAC under paragraph 81C ,

and such an agreement is “entered into” when the terms are so

agreed or decided.

(3)

The parties must comply with the access agreement.

(4)

The employer must refrain from making any offer to any or all

of the relevant workers which—

(a)

has or is likely to have the effect of inducing any or all

of them not to attend any relevant meeting between the

union (or unions) and the relevant workers, and

(b)

is not reasonable in the circumstances.

(5)

The employer must refrain from taking, or threatening to take,

any action against a worker solely or mainly on the grounds that

the worker—

(a)

attended or took part in any relevant meeting between

the union (or unions) and the relevant workers, or

(b)

indicated an intention to attend or take part in such a

meeting.

(6)

The relevant workers are—

(a)

in relation to any time before the CAC decides that a

bargaining unit other than the original unit is an

appropriate bargaining unit, the workers constituting the

original unit, and

(b)

in relation to any time after the CAC decides that a

bargaining unit other than the original unit is an

appropriate bargaining unit, the workers constituting the

new unit (see paragraph 82(4)).

(7)

But, where there is more than one new unit, references to the

relevant workers are references to the workers constituting each

new unit separately.

Page 239

(8)

A meeting is a relevant meeting in relation to a worker for the

purposes of sub-paragraphs (4) and (5) if—

(a)

it is organised in accordance with an access agreement or

as a result of a step ordered to be taken under paragraph

81E to remedy a failure to comply with the duty in

sub-paragraph (3) , and

(b)

it is one which the employer is, by such an agreement or

order as is mentioned in paragraph (a), required to permit

the worker to attend.

(9)

The duties imposed by sub-paragraphs (4) and (5) do not confer

any rights on a worker; but that does not affect any other right

which a worker may have.

(10)

Any provision of an access agreement that would require personal

data relating to any of the relevant workers to be disclosed to

any person other than a person appointed to conduct a ballot

under paragraph 25 (where it applies by virtue of paragraph

89(4)) is of no effect for the purposes of this Part of this Schedule.

(11)

“Personal data” has the same meaning as in the Data Protection

Act 2018 (see section 3 of that Act).

(12)

An access agreement is to be conclusively presumed not to have

been intended by the parties to be a legally enforceable contract;

and, accordingly, where an access agreement is, or is part of, a

collective agreement, section 179(2) and (3)(a) do not apply to the

access agreement.

81E

(1)

Sub-paragraph (2) applies if—

(a)

the CAC is satisfied that a party has failed to fulfil any

of the duties imposed on that party by paragraph 81D

, and

(b)

the application under paragraph 66 or 75 is in progress.

(2)

The CAC may order the party—

(a)

to take such steps to remedy the failure as the CAC

considers reasonable and specifies in the order, and

(b)

to do so within such period as the CAC considers

reasonable and specifies in the order.

(3)

Sub-paragraphs (4) and (5) apply if—

(a)

the CAC is satisfied that a party has failed to comply with

an order under sub-paragraph (2) ,

(b)

the application under paragraph 66 or 75 is in progress,

and

(c)

the CAC has given notice under paragraph 70 or 79 of a

decision as to the bargaining unit which is (or units which

are) appropriate (each, a “new unit”).

Page 240

(4)

If the party that has failed to comply is the employer, the CAC

may issue a declaration that the union is (or unions are)

recognised as entitled to conduct collective bargaining on behalf

of the new unit or units.

(5)

If the party that has failed to comply is a union, the CAC may

issue a declaration that the union is (or unions are) not entitled

to be so recognised.

81F

(1)

Each of the powers specified in sub-paragraph (2) is to be taken

to include power to issue Codes of Practice about any matter

relating to requests for access under paragraph 81A (2) , including

(among other things)—

(a)

what access is reasonable for the purposes of paragraph

81C (4) ;

(b)

the duty in paragraph 81D (4) .

(2)

The powers are—

(a)

the power of ACAS under section 199(1);

(b)

the power of the Secretary of State under section 203(1)(a).”

Unfair practices

After paragraph 81F (inserted by paragraph 33 of this Schedule) insert—

“Unfair practices

81G

(1)

Each of the parties informed by the CAC under paragraph 68(5)

or 76(5) that an application under paragraph 66 or 75 is accepted

must refrain from using any unfair practice in relation to the

application.

(2)

A party uses an unfair practice if, with a view to influencing the

outcome of the application, the party does any of the following—

(a)

dismisses, or threatens to dismiss, a worker;

(b)

takes, or threatens to take, disciplinary action against a

worker;

(c)

subjects, or threatens to subject, a worker to any other

detriment;

(d)

offers to pay money, or give money’s worth, to a relevant

worker in return for the worker’s agreement to vote in a

particular way, or to abstain from voting, in a relevant

ballot;

(e)

makes an outcome-specific offer to a relevant worker;

(f)

coerces, or attempts to coerce, a relevant worker to

disclose—

(i)

whether the worker intends to vote, or to abstain

from voting, in any relevant ballot, or

(ii)

how the worker intends to vote, or has voted, in

any relevant ballot;

Page 241

(g)

uses, or attempts to use, undue influence on a relevant

worker.

(3)

In sub-paragraph (2) —

(a)

“relevant ballot” means any ballot that is or may be held

in which workers are asked whether they want the union

(or unions) to conduct collective bargaining on their behalf,

and

(b)

“relevant worker” means any worker who is or would be

entitled to vote in a relevant ballot.

(4)

For the purposes of sub-paragraph (2) (e) an “outcome-specific

offer” is an offer to pay money, or give money’s worth, which—

(a)

is conditional on the issuing by the CAC of a declaration

that—

(i)

the union is (or unions are) recognised as entitled

to conduct collective bargaining on behalf of a

bargaining unit, or

(ii)

the union is (or unions are) not entitled to be so

recognised, and

(b)

is not conditional on anything which is done or occurs as

a result of the declaration in question.

(5)

The duty imposed by this paragraph does not confer any rights

on a worker; but that does not affect any other right which a

worker may have.

(6)

Each of the following powers is to be taken to include power to

issue Codes of Practice about unfair practices for the purposes

of this paragraph—

(a)

the power of ACAS under section 199(1);

(b)

the power of the Secretary of State under section 203(1)(a).

81H

(1)

A party may complain to the CAC that another party has failed

to comply with paragraph 81G .

(2)

A complaint under sub-paragraph (1) may not be made after a

conclusion event occurs.

(3)

The following are conclusion events—

(a)

the withdrawal of the application under paragraph 66 or

75;

(b)

the CAC issuing a declaration under paragraph 69(3),

78(3), 81E (4) or (5) or 81J (4) or (5) in relation to the

application;

(c)

the CAC notifying the union (or unions) of its decision

under paragraph 77(2) or 77(3);

(d)

if the CAC has given notice under paragraph 70 or 79 of

a decision as to the bargaining unit which is (or units

which are) appropriate (each, a “new unit”), any of the

Page 242

following occurring in relation to the new unit (or, if there

is more than one, all of the new units)—

(i)

the CAC issuing a declaration under paragraph

83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2)

(where it applies by virtue of paragraph 89(5));

(ii)

the union (or unions) notifying the CAC under

paragraph 89(1);

(iii)

the post-ballot complaint period having ended.

(4)

The post-ballot complaint period is, in relation to any ballot held

arising from the application, the period of 5 working days after—

(a)

the date of the ballot, or

(b)

if votes may be cast in the ballot on more than one day,

the last of those days.

(5)

Within the decision period the CAC must decide whether the

complaint is well-founded.

(6)

A complaint is well-founded if the CAC finds that the party

complained against used an unfair practice.

(7)

The decision period is—

(a)

the period of 10 working days starting with the day after

the day on which the complaint under sub-paragraph (1)

was received by the CAC, or

(b)

such longer period (so starting) as the CAC may specify

to the parties by a notice containing reasons for the

extension.

81I

(1)

This paragraph applies if the CAC decides that a complaint under

paragraph 81H is well-founded.

(2)

The CAC must, as soon as is reasonably practicable, issue a

declaration to that effect.

(3)

The CAC may order the party concerned to take any action

specified in the order within such period as may be so specified.

(4)

Sub-paragraph (5) applies if—

(a)

the CAC has given notice under paragraph 70 or 79 of a

decision as to the bargaining unit which is (or units which

are) appropriate (each, a “new unit”), and

(b)

the CAC has at any time informed the union (or unions)

under paragraph 25(9) (where it applies by virtue of

paragraph 89(4)) of a ballot in relation to the application

(including a ballot that was cancelled or is ineffective).

(5)

The CAC may give notice to the employer and to the union (or

unions) that it intends to arrange for the holding of a secret ballot

(or secret ballots) in which the workers constituting the new unit

(or each of the new units) are asked whether they want the union

(or unions) to conduct collective bargaining on their behalf.

Page 243

(6)

The CAC may make an order under sub-paragraph (3) , or give

a notice under sub-paragraph (5) , either at the same time as it

issues the declaration under sub-paragraph (2) or at any other

time before any of the following occurs—

(a)

the withdrawal of the application under paragraph 66 or

75;

(b)

the CAC issuing a declaration under paragraph 69(3),

78(3), 81E (4) or (5) or 81J (4) or (5) in relation to the

application;

(c)

the CAC notifying the union (or unions) of its decision

under paragraph 77(2) or 77(3);

(d)

in relation to the new unit (or, if there is more than one,

all of the new units)—

(i)

the CAC issuing a declaration under paragraph

83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2)

(where it applies by virtue of paragraph 89(5)),

(ii)

the union (or unions) notifying the CAC under

paragraph 89(1), or

(iii)

the holding of any ballot arising from the

application.

(7)

The action specified in an order under sub-paragraph (3) must

be such as the CAC considers reasonable in order to mitigate the

effect of the failure of the party concerned to comply with the

duty imposed by paragraph 81G .

(8)

The CAC may make more than one order under sub-paragraph

(3) .

81J

(1)

Sub-paragraphs (4) to (6) apply if—

(a)

the CAC issues a declaration under paragraph 81I (2) that

a complaint that a party has failed to comply with

paragraph 81G is well-founded,

(b)

the application under paragraph 66 or 75 has not been

withdrawn,

(c)

the CAC has given notice under paragraph 70 or 79 of a

decision as to the bargaining unit which is (or units which

are) appropriate (each, a “new unit”),

(d)

the CAC has not issued a declaration under paragraph

69(3), 78(3), 81E (4) or (5) or 81J (4) or (5) in relation to the

application,

(e)

the CAC has not notified the union (or unions) of its

decision under paragraph 77(2) or 77(3),

(f)

in relation to the new unit (or, if there is more than one,

all of the new units), none of the following has occurred—

(i)

the CAC issuing a declaration under paragraph

83(2), 85(2), 86(3) or 87(2), or under paragraph 27(2)

(where it applies by virtue of paragraph 89(5)),

Page 244

(ii)

the union (or unions) notifying the CAC under

paragraph 89(1), or

(iii)

the holding of any ballot arising from the

application, and

(g)

sub-paragraph (2) or (3) applies.

(2)

This sub-paragraph applies if the declaration states that the unfair

practice used consisted of or included—

(a)

the use of violence, or

(b)

the dismissal of a union official.

(3)

This sub-paragraph applies if the CAC has made an order under

paragraph 81I (3) and—

(a)

it is satisfied that the party subject to the order has failed

to comply with it, or

(b)

it makes another declaration under paragraph 81I (2) in

relation to a complaint against that party.

(4)

If the party that has failed to comply is the employer, the CAC

may issue a declaration that the union is (or unions are)

recognised as entitled to conduct collective bargaining on behalf

of the new unit or units.

(5)

If the party that has failed to comply is a union, the CAC may

issue a declaration that the union is (or unions are) not entitled

to be so recognised.

(6)

The powers conferred by this paragraph are in addition to those

conferred by paragraph 81I .”

Powers of CAC where CAC decides new unit appropriate

(1)

Paragraph 86 (new bargaining unit: assessment of support) is amended as

follows.

(2)

For sub-paragraph (2) substitute—

“(2)

The CAC must decide whether members of the union (or unions)

constitute at least the required percentage (see paragraph 171B)

of the workers constituting the new unit.”

(3)

In sub-paragraph (3), for “one or both of the questions in the negative”

substitute “that members of the union (or unions) do not constitute at least

the required percentage of the workers constituting the new unit”.

In paragraph 87 (powers of CAC where majority of workers are members

of union), for sub-paragraph (1) substitute—

“(1)

This paragraph applies if, following a decision under paragraph

86(2), the CAC is satisfied that a majority of workers constituting

the new unit are members of the union (or unions).”

Page 245

In paragraph 88 (powers of CAC where majority of workers are not

members of union), for sub-paragraph (1) substitute—

“(1)

This paragraph applies if—

(a)

the CAC decides under paragraph 86(2) that members of

the union (or unions) constitute at least the required

percentage of the workers constituting the new unit, but

(b)

the CAC is not satisfied that a majority of workers

constituting the new unit are members of the union (or

unions).”

(1)

Paragraph 89 (ballots) is amended as follows.

(2)

In sub-paragraph (4), at the end insert “, but as if paragraph 25 (1A) were

omitted.”

(3)

In sub-paragraph (5)—

(a)

omit the “and” at the end of paragraph (a);

(b)

after paragraph (a) insert—

“(aa)

references to provisions of paragraphs 19G to 19P

were references to the corresponding provisions of

paragraphs 81A to 81J ,

(ab)

the duty in paragraph 26(4) included—

(i)

a duty to give to the CAC, as soon as is

reasonably practicable, the name and home

address of any worker who joins the

bargaining unit after the employer has

complied with paragraph 26(4)(a), and

(ii)

a duty to inform the CAC, as soon as is

reasonably practicable, of any worker whose

name has been given to the CAC under that

duty and who ceases to be within the

bargaining unit, and”;

(c)

in paragraph (b), for “26(4F) to (4H)” substitute “26(4F) and (4H)”.

(4)

In sub-paragraph (8), for “or 27D(3)” substitute “, 81E (4) or 81J (4) ”.

(5)

In sub-paragraph (9), for “27D(4)” substitute “ 81E (5) or 81J (5) ”.

Withdrawal of application

In paragraph 93 (withdrawal of application), in sub-paragraph (1)(a), for

“or 78(3)” substitute “, 78(3), 81E (4) or (5) or 81J (4) or (5) ”.

Page 246

Part 4

Derecognition

Access agreements

After paragraph 116 insert—

“Access agreements

116A

(1)

This paragraph applies if—

(a)

the CAC accepts an application under paragraph 106, 107

or 112, and

(b)

the application is in progress.

(2)

The union (or unions) may, by giving notice to the CAC and the

employer within the access request period, request access to the

workers constituting the bargaining unit in connection with the

application.

(3)

The access request period is the period of 5 working days starting

with the day after the day on which the CAC gives the union (or

unions) notice under paragraph 111(5) or 115(5) that the

application is accepted.

(4)

For the purposes of this paragraph and paragraphs 116B to 116E

, an application under paragraph 106, 107 or 112 is in progress if

none of the following has occurred—

(a)

in the case of an application under paragraph 106 or 107,

the withdrawal of the application;

(b)

in the case of an application under paragraph 112, an

agreement or withdrawal as described in paragraph 116(1);

(c)

the CAC refusing the application under paragraph 116E (4) ,

116J (4) (a) or (6) or 119(2);

(d)

the CAC notifying the union (or unions) of a declaration

issued under paragraph 116E (5) or 116J (5) in relation to

the application;

(e)

the holding of any ballot arising from the application.

116B

(1)

This paragraph applies if—

(a)

the CAC accepts an application under paragraph 106, 107

or 112,

(b)

the union requests (or unions request) access to the

workers constituting the bargaining unit under paragraph

116A (2) in connection with the application, and

(c)

the application is in progress.

(2)

The CAC must try to help the parties to reach agreement within

the negotiation period as to terms on which the union is (or

unions are) to have access to the workers.

Page 247

(3)

The negotiation period is, subject to any notice under

sub-paragraph (4) or (6) , the period of 15 working days starting

with the day after the day on which the union gives (or unions

give) notice to the employer under paragraph 116A (2) .

(4)

If, during the negotiation period, the CAC concludes that there

is no reasonable prospect of the parties’ agreeing terms on which

the union is (or unions are) to have access to the workers before

the time when (apart from this sub-paragraph) the negotiation

period would end, the CAC may, by a notice given to the parties,

declare that the negotiation period ends with the date of the

notice.

(5)

A notice under sub-paragraph (4) must contain reasons for

reaching the conclusion mentioned in that sub-paragraph.

(6)

If, during the negotiation period, the parties apply to the CAC

for a declaration that the negotiation period is to end with a date

(specified in the application) which is earlier or later than the

date with which it would otherwise end, the CAC may, by a

notice given to the parties, declare that the negotiation period

ends with the specified date.

116C

(1)

This paragraph applies if—

(a)

the CAC accepts an application under paragraph 106, 107

or 112,

(b)

the union requests (or unions request) access to the

workers constituting the bargaining unit under paragraph

116A (2) in connection with the application,

(c)

the parties have not within the negotiation period agreed

terms on which the union is (or unions are) to have access

to the workers, and

(d)

the application is in progress.

(2)

Within the adjudication period, the CAC must—

(a)

decide the terms on which the union is (or unions are) to

have access to the workers, or

(b)

decide that the union is (or unions are) not to have access

to the workers.

(3)

The adjudication period is—

(a)

the period of 10 working days starting with the day after

the day with which the negotiation period ends, or

(b)

such longer period (so starting) as the CAC may specify

to the parties by notice containing reasons for the

extension.

(4)

Any terms decided by the CAC must be terms that the CAC

regards as allowing such access to the workers constituting the

bargaining unit as is reasonable to enable the union (or unions)

to—

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(a)

inform the workers of the object of the application or any

ballot arising from it, and

(b)

seek their support and their opinions on the issues

involved.

116D

(1)

This paragraph applies if—

(a)

an access agreement is entered into, and

(b)

the application under paragraph 106, 107 or 112 is in

progress.

(2)

“Access agreement” means—

(a)

terms on which the union is (or unions are) to have access

to the workers constituting the bargaining unit and which

are agreed between the parties under paragraph 116B

during the negotiation period, or

(b)

terms on which the union is (or unions are) to have access

to the workers constituting the bargaining unit and which

are decided by the CAC under paragraph 116C ,

and such an agreement is to be treated as “entered into” when

the terms are so agreed or decided.

(3)

The parties must comply with the access agreement.

(4)

The employer must refrain from making any offer to any or all

of the workers constituting the bargaining unit which—

(a)

has or is likely to have the effect of inducing any or all

of them not to attend any relevant meeting between the

union (or unions) and the workers constituting the

bargaining unit, and

(b)

is not reasonable in the circumstances.

(5)

The employer must refrain from taking, or threatening to take,

any action against a worker solely or mainly on the grounds that

the worker—

(a)

attended or took part in any relevant meeting between

the union (or unions) and the workers constituting the

bargaining unit, or

(b)

indicated an intention to attend or take part in such a

meeting.

(6)

A meeting is a relevant meeting in relation to a worker for the

purposes of sub-paragraphs (4) and (5) if—

(a)

it is organised in accordance with an access agreement or

as a result of a step ordered to be taken under paragraph

116E to remedy a failure to comply with the duty in

sub-paragraph (3) , and

(b)

it is one which the employer is, by such an agreement or

order as is mentioned in paragraph (a), required to permit

the worker to attend.

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(7)

The duties imposed by sub-paragraphs (4) and (5) do not confer

any rights on a worker; but that does not affect any other right

which a worker may have.

(8)

Any provision of an access agreement that would require personal

data relating to any of the relevant workers to be disclosed to a

person other than a person appointed under paragraph 117 to

conduct a ballot is of no effect for the purposes of this Part of

this Schedule.

(9)

“Personal data” has the same meaning as in the Data Protection

Act 2018 (see section 3 of that Act).

(10)

An access agreement is to be conclusively presumed not to have

been intended by the parties to be a legally enforceable contract;

and, accordingly, where an access agreement is, or is part of, a

collective agreement, section 179(2) and (3)(a) do not apply to the

access agreement.

116E

(1)

Sub-paragraph (2) applies if—

(a)

the CAC is satisfied that a party has failed to fulfil any

of the duties imposed on that party by paragraph 116D

, and

(b)

the application under paragraph 106, 107 or 112 is in

progress.

(2)

The CAC may order the party—

(a)

to take such steps to remedy the failure as the CAC

considers reasonable and specifies in the order, and

(b)

to do so within such period as the CAC considers

reasonable and specifies in the order.

(3)

Sub-paragraphs (4) and (5) apply if—

(a)

the CAC is satisfied that a party has failed to comply with

an order under sub-paragraph (2) , and

(b)

the application under paragraph 106, 107 or 112 is in

progress.

(4)

If the party that has failed to comply is the employer, and the

application is under paragraph 106 or 107, the CAC may refuse

the application.

(5)

If the party that has failed to comply is a union, the CAC may

issue a declaration that the bargaining arrangements are to cease

to have effect; and the bargaining arrangements cease to have

effect accordingly.

116F

(1)

Each of the powers specified in sub-paragraph (2) is to be taken

to include power to issue Codes of Practice about any matter

relating to requests for access under paragraph 116A (2) , including

(among other things)—

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(a)

what access is reasonable for the purposes of paragraph

116C (4) ;

(b)

the duty in paragraph 116D (4) .

(2)

The powers are—

(a)

the power of ACAS under section 199(1);

(b)

the power of the Secretary of State under section 203(1)(a).”

Unfair practices

After paragraph 116F (inserted by paragraph 40 of this Schedule) insert—

“Unfair practices

116G

(1)

Each of the parties informed by the CAC under paragraph 111(5)

or 115(5) that an application under paragraph 106, 107 or 112 is

accepted must refrain from using any unfair practice in relation

to the application.

(2)

A party uses an unfair practice if, with a view to influencing the

outcome of the application, the party does any of the following—

(a)

dismisses, or threatens to dismiss, a worker;

(b)

takes, or threatens to take, disciplinary action against a

worker;

(c)

subjects, or threatens to subject, a worker to any other

detriment;

(d)

offers to pay money, or give money’s worth, to a relevant

worker in return for the worker’s agreement to vote in a

particular way, or to abstain from voting, in a relevant

ballot;

(e)

makes an outcome-specific offer to a relevant worker;

(f)

coerces, or attempts to coerce, a relevant worker to

disclose—

(i)

whether the worker intends to vote, or to abstain

from voting, in any relevant ballot, or

(ii)

how the worker intends to vote, or has voted, in

any relevant ballot;

(g)

uses, or attempts to use, undue influence on a relevant

worker.

(3)

In sub-paragraph (2) —

(a)

“relevant ballot” means any ballot that is or may be held

in which workers are asked whether the bargaining

arrangements should be ended, and

(b)

“relevant worker” means any worker who is or would be

entitled to vote in a relevant ballot.

(4)

For the purposes of sub-paragraph (2) (e) an “outcome-specific

offer” is an offer to pay money, or give money’s worth, which—

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(a)

is conditional on—

(i)

the issuing by the CAC of a declaration that the

bargaining arrangements are to cease to have effect,

(ii)

the refusal by the CAC of an application under

paragraph 106, 107 or 112, and

(b)

is not conditional on anything which is done or occurs as

a result of that declaration, or, as the case may be, of that

refusal.

(5)

For the purposes of this paragraph and paragraphs 116H to 116J

as they apply in relation to an application under paragraph 112,

references to a party are to be read as including references to the

worker or workers making the application.

(6)

The duty imposed by this paragraph does not confer any rights

on a worker; but that does not affect any other right which a

worker may have.

(7)

Each of the following powers is to be taken to include power to

issue Codes of Practice about unfair practices for the purposes

of this paragraph—

(a)

the power of ACAS under section 199(1);

(b)

the power of the Secretary of State under section 203(1)(a).

116H

(1)

A party may complain to the CAC that another party has failed

to comply with paragraph 116G .

(2)

A complaint under sub-paragraph (1) may not be made after—

(a)

in the case of an application under paragraph 106 or 107,

the application is withdrawn;

(b)

in the case of an application under paragraph 112, an

agreement or withdrawal as described in paragraph 116(1);

(c)

the CAC refuses the application under paragraph 116E (4) ,

116J (4) (a) or (6) or 119(2);

(d)

the CAC notifies the union (or unions) of a declaration

issued under paragraph 116E (5) or 116J (5) in relation to

the application;

(e)

if the CAC informs the union (or unions) under paragraph

117(11) of a ballot, the fifth working day after—

(i)

the date of the ballot, or

(ii)

if votes may be cast in the ballot on more than one

day, the last of those days.

(3)

Within the decision period the CAC must decide whether the

complaint is well-founded.

(4)

A complaint is well-founded if the CAC finds that the party

complained against used an unfair practice.

(5)

The decision period is—

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(a)

the period of 10 working days starting with the day after

the day on which the complaint under sub-paragraph (1)

was received by the CAC, or

(b)

such longer period (so starting) as the CAC may specify

to the parties by a notice containing reasons for the

extension.

116I

(1)

This paragraph applies if the CAC decides that a complaint under

paragraph 116H is well-founded.

(2)

The CAC must, as soon as is reasonably practicable, issue a

declaration to that effect.

(3)

The CAC may order the party concerned to take any action

specified in the order within such period as may be so specified.

(4)

Sub-paragraph (5) applies if the CAC has at any time informed

the union (or unions) under paragraph 117(11) of a ballot in

relation to the application (including a ballot that was cancelled

or is ineffective).

(5)

The CAC may make arrangements for the holding of a secret

ballot in which the workers constituting the bargaining unit are

asked whether the bargaining arrangements should be ended.

(6)

The CAC may make an order under sub-paragraph (3) , or make

arrangements under sub-paragraph (5) , either at the same time

as it issues the declaration under sub-paragraph (2) or at any

other time before any of the following occurs—

(a)

in the case of an application under paragraph 106 or 107,

the withdrawal of the application;

(b)

in the case of an application under paragraph 112, an

agreement or withdrawal as described in paragraph 116(1);

(c)

the CAC refusing the application under paragraph 116E (4) ,

116J (4) (a) or (6) or 119(2);

(d)

the CAC notifying the union (or unions) of a declaration

issued under paragraph 116E (5) or 116J (5) in relation to

the application;

(e)

if the CAC informs the union (or unions) under paragraph

117(11) of a ballot, the CAC acting under paragraph 121

in relation to the ballot.

(7)

The action specified in an order under sub-paragraph (3) must

be such as the CAC considers reasonable in order to mitigate the

effect of the failure of the party concerned to comply with the

duty imposed by paragraph 116G .

(8)

The CAC may make more than one order under sub-paragraph

(3) .

116J

(1)

Sub-paragraphs (4) to (7) apply if—

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(a)

the CAC issues a declaration under paragraph 116I (2) that

a complaint that a party has failed to comply with

paragraph 116G is well-founded,

(b)

the application under paragraph 106, 107 or 112 has not

been withdrawn or, in the case of an application under

paragraph 112, there has been no agreement as described

in paragraph 116(1),

(c)

the CAC has not refused the application under paragraph

116E (4) , 116J (4) (a) or (6) or 119(2),

(d)

the CAC has not notified the union (or unions) of a

declaration issued under paragraph 116E (5) or 116J (5) in

relation to the application, and

(e)

sub-paragraph (2) or (3) applies.

(2)

This sub-paragraph applies if the declaration states that the unfair

practice used consisted of or included—

(a)

the use of violence, or

(b)

the dismissal of a union official.

(3)

This sub-paragraph applies if the CAC has made an order under

paragraph 116I (3) and—

(a)

it is satisfied that the party subject to the order has failed

to comply with it, or

(b)

it makes another declaration under paragraph 116I (2) in

relation to a complaint against that party.

(4)

If the party that has failed to comply is the employer, the CAC

may—

(a)

refuse the employer’s application under paragraph 106 or

107;

(b)

order the employer to refrain from any campaigning in

relation to an application under paragraph 112.

(5)

If the party that has failed to comply is a union, the CAC may

issue a declaration that the bargaining arrangements are to cease

to have effect on a date specified by the CAC in the declaration;

and the bargaining arrangements cease to have effect accordingly.

(6)

If the party that has failed to comply is the worker making an

application under paragraph 112 (or any of the workers making

an application under paragraph 112), the CAC may refuse the

application.

(7)

The powers conferred by this paragraph are in addition to those

conferred by paragraph 116I .

116K

(1)

This paragraph applies if the CAC has made an order against

the employer under paragraph 116I (3) or 116J (4) (b) in relation to

an application under paragraph 112.

Page 254

(2)

The worker making the application (or each of the workers

making the application) and the union (or each of the unions)

are entitled to enforce obedience to the order.

(3)

The order may be enforced—

(a)

in England and Wales, in the same way as an order of

the county court;

(b)

in Scotland, in the same way as an order of the sheriff.”

Ballots

(1)

Paragraph 117 (ballots: general) is amended as follows.

(2)

In sub-paragraph (1), for “This paragraph” substitute “Sub-paragraph (3)”.

(3)

In sub-paragraph (2), for “This paragraph” substitute “Sub-paragraph (3)”.

(4)

In sub-paragraph (4), for “The ballot” substitute “A ballot arranged under

sub-paragraph (3), or under paragraph 116I (5) ,”.

(1)

Paragraph 118 (duties of employer in relation to ballot) is amended as

follows.

(2)

In sub-paragraph (1), omit “five”.

(3)

In sub-paragraph (2)—

(a)

for “The first duty is to” substitute “The employer must”;

(b)

for “the second and third duties are not” substitute “no other duty

of the employer under this Part of this Schedule is”.

(4)

Omit sub-paragraph (3).

(5)

In sub-paragraph (4)—

(a)

in the words before paragraph (a), for “The third duty is to”

substitute “The employer must”;

(b)

in paragraph (a), for “to give” substitute “give”;

(c)

in paragraph (b), for “to give” substitute “give”;

(d)

in paragraph (c), for “to inform” substitute “inform”.

(6)

After sub-paragraph (4) insert—

“(4ZA)

If the ballot is arranged under paragraph 116I (5) , the duty under

sub-paragraph (4)(a) is limited to—

(a)

giving the CAC the names and home addresses of any

workers in the bargaining unit which have not previously

been given to it in accordance with that duty;

(b)

giving the CAC the names and home addresses of those

workers who have joined the bargaining unit since the

employer last gave the CAC information in accordance

with that duty;

(c)

informing the CAC of any change to the name or home

address of a worker whose name and home address have

Page 255

previously been given to the CAC in accordance with that

duty;

(d)

informing the CAC of any worker whose name had

previously been given to it in accordance with that duty

who has ceased to be within the bargaining unit.”

(7)

Omit sub-paragraphs (4A) to (4E), (8) and (9).

In paragraph 119 (breach of paragraph 118), after sub-paragraph (4) insert—

“(5)

If—

(a)

the ballot has been arranged in consequence of an

application under paragraph 112,

(b)

the CAC has made an order against the employer under

sub-paragraph (1), and

(c)

the ballot has not been held,

the worker making the application (or each of the workers making

the application) and the union (or each of the unions) are entitled

to enforce obedience to the order.

(6)

The order may be enforced—

(a)

in England and Wales, in the same way as an order of

the county court;

(b)

in Scotland, in the same way as an order of the sheriff.”

After paragraph 119 insert—

“119ZA

(1)

This paragraph applies if—

(a)

the union has (or unions have) been informed of a ballot

under paragraph 117(11), and

(b)

the CAC refuses an application or issues a declaration

under paragraph 116E .

(2)

If the ballot has not been held, the CAC must take steps to cancel

it.

(3)

If the ballot is held, it is to have no effect.

119ZB

(1)

This paragraph applies if—

(a)

the union has (or unions have) been informed of a ballot

under paragraph 117(11),

(b)

a complaint is made under paragraph 116H , and

(c)

the ballot did not begin before the beginning of the

decision period referred to in paragraph 116H (5) .

(2)

The CAC may by notice to the parties and the qualified

independent person postpone the date on which the ballot is to

begin until a date which falls after the end of the decision period.

(3)

In relation to an application under paragraph 112, “the parties”

includes the worker or workers making the application.

119ZC

(1)

This paragraph applies if—

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(a)

the union has (or unions have) been informed of a ballot

under paragraph 117(11),

(b)

the CAC issues a declaration that a complaint under

paragraph 116H is well-founded, and

(c)

the CAC—

(i)

makes arrangements under paragraph 116I (5) ,

(ii)

refuses under paragraph 116J (4) (a) or (6) an

application under paragraph 106, 107 or 112, or

(iii)

issues a declaration under paragraph 116J (5) .

(2)

If the ballot has not been held, the CAC must take steps to cancel

it.

(3)

If the ballot is held, it is to have no effect.

119ZD

(1)

This paragraph applies if—

(a)

the CAC makes arrangements under paragraph 116I (5)

, and

(b)

the CAC has previously given an order under paragraph

119(1) in relation to a cancelled or ineffective ballot in

connection with the application to which the notice relates.

(2)

The order has effect, to the extent that the CAC specifies in a

notice to the parties, as if it were made for the purposes of the

ballot for which arrangements are made under paragraph 116I (5) .

(3)

In relation to an application under paragraph 112, “the parties”

includes the worker or workers making the application.”

Omit paragraphs 119A to 119I (unfair practices during ballot).

(1)

Paragraph 120 (costs of ballot) is amended as follows.

(2)

In sub-paragraph (1), after “paragraph” insert “ 116I (5) or”.

(3)

After sub-paragraph (1) insert—

“(1A)

If the holding of the ballot is arranged under paragraph 116I (5)

, the gross costs of the ballot are to be borne by such of the parties

and in such proportions as the CAC may determine.

(1B)

In relation to an application under paragraph 112, “the parties”

includes the worker or workers making the application.”

(4)

In sub-paragraph (2), for “The gross costs” substitute “If the holding of the

ballot is arranged under paragraph 117(3), the gross costs”.

(5)

In sub-paragraph (4), for “the employer and the union (or each of the

unions)” substitute “the party or parties required to bear the costs”.

In paragraph 121 (result of ballot), for sub-paragraphs (1) and (1A)

substitute—

“(1)

The CAC must act under this paragraph as soon as reasonably

practicable after—

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(a)

the CAC is informed of the result of a ballot by the person

conducting it, and

(b)

the complaint period ends.

(1ZA)

The complaint period is the period of 5 working days starting

with the day after—

(a)

the date of the ballot, or

(b)

if votes may be cast in the ballot on more than one day,

the last of those days.

(1A)

The duty in sub-paragraph (1) does not apply—

(a)

if a complaint is made under paragraph 116H , on or before

the day on which the CAC decides whether the complaint

is well-founded;

(b)

if the CAC makes arrangements under paragraph 116I (5) .”

Derecognition where recognition automatic

In paragraph 122 (derecognition where recognition automatic on agreed

terms), in sub-paragraph (1)(a)—

(a)

after “19F(5),” insert “ 19K (4) , 19P (4) ,”;

(b)

for “, 27(2) or 27D(3)” substitute “or 27(2)”.

In paragraph 123 (derecognition where recognition automatic on specified

terms), in sub-paragraph (1)(a)—

(a)

after “19F(5),” insert “ 19K (4) , 19P (4) ,”;

(b)

for “, 27(2) or 27D(3)” substitute “or 27(2)”.

In paragraph 124 (derecognition where recognition automatic following

changes to bargaining unit), in sub-paragraph (1), after “paragraph” insert

“ 81E (4) , 81J (4) or”.

After paragraph 132 insert—

“Access agreements

132A

Paragraphs 116A to 116E apply if the CAC accepts an application

under paragraph 128 (as well as in the cases mentioned in

paragraph 116A (1) ), as if—

(a)

the references in paragraphs 116A (1) and (4) , 116B (1) (a) ,

116C (1) (a) , 116D (1) (b) and 116E (1) (b) and (3) (b) to

paragraph 106, 107 or 112 were to paragraph 106, 107, 112

or 128;

(b)

the reference in paragraph 116A (3) to paragraph 111(5)

or 115(5) were to paragraph 111(5), 115(5) or 132(5);

(c)

the references in paragraphs 116A (4) (a) and 116E (4) to

paragraph 106 or 107 were to paragraph 106, 107 or 128.”

Page 258

After paragraph 132A (inserted by paragraph 52 of this Schedule) insert—

“Unfair practices

132B

Paragraphs 116G to 116K apply if the CAC accepts an application

under paragraph 128 (as well as in the cases mentioned in

paragraph 116G ), as if—

(a)

the references in paragraphs 116G (1) and (4) (a) (ii) and

116J (1) (b) to paragraph 106, 107 or 112 were to paragraph

106, 107, 112 or 128;

(b)

the reference in paragraph 116G (1) to paragraph 111(5) or

115(5) were to paragraph 111(5), 115(5) or 132(5);

(c)

the references in paragraphs 116H (2) (a) , 116I (6) (a) and

116J (4) (a) to paragraph 106 or 107 were to paragraph 106,

107 or 128.”

(1)

Paragraph 133 (ballot on derecognition) is amended as follows.

(2)

In sub-paragraph (1), for “and (2)” substitute “, (2) and (4)”.

(3)

In sub-paragraph (2)—

(a)

in paragraph (a), for “references in paragraphs 119(2)(a) and 119D(3)”

substitute “reference in paragraph 119(2)(a)”;

(b)

in paragraph (b), for “119A(3)(a)(ii), 119E(1)(b)” substitute

“ 119ZC (1) (c) (ii) ”.

Derecognition where union not independent

After paragraph 146 insert—

“Access agreements

146A

Paragraphs 116A to 116E apply if the CAC accepts an application

under paragraph 137 (as well as in the cases mentioned in

paragraph 116A (1) ), as if—

(a)

the references in paragraphs 116A (1) and (4) , 116B (1) (a) ,

116C (1) (a) , 116D (1) (b) and 116E (1) (b) and (3) (b) to

paragraph 106, 107 or 112 were to paragraph 106, 107, 112

or 137;

(b)

the reference in paragraph 116A (4) (b) to paragraph 112

were to paragraph 112 or 137;

(c)

the reference in paragraph 116A (3) to paragraph 111(5)

or 115(5) were to paragraph 111(5), 115(5) or 141(5);

(d)

the reference in paragraph 116A (4) (b) to paragraph 116(1)

were to paragraph 116(1), 142(1) or 145(3).”

Page 259

After paragraph 146A (inserted by paragraph 55 of this Schedule) insert—

“Unfair practices

146B

Paragraphs 116G to 116K apply if the CAC accepts an application

under paragraph 137 (as well as in the cases mentioned in

paragraph 116G ), as if—

(a)

the references in paragraphs 116G (1) and (4) (a) (ii) and

116J (1) (b) to paragraph 106, 107 or 112 were to paragraph

106, 107, 112 or 137;

(b)

the reference in paragraph 116G (1) to paragraph 111(5) or

115(5) were to paragraph 111(5), 115(5) or 141(5);

(c)

the references in paragraphs 116G (5) , 116H (2) (b) , 116I (6) (b) ,

116J (1) (b) , (4) (b) and (6) and 116K (1) to paragraph 112

were to paragraph 112 or 137;

(d)

the references in paragraphs 116H (2) (b) and 116I (6) (b) to

paragraph 116(1) were to paragraph 116(1), 142(1) or

145(3).”

(1)

Paragraph 147 (ballot on derecognition) is amended as follows.

(2)

In sub-paragraph (1), for “and (2)” substitute “, (2) and (4)”.

(3)

In sub-paragraph (2)—

(a)

in paragraph (a), for “references in paragraphs 119H(1) and

119I(1)(a)” substitute “reference in paragraph 119(5)(a)”;

(b)

in paragraph (b), for “119A(3)(a)(ii), 119E(1)(b)” substitute

“ 119ZC (1) (c) (ii) ”;

(c)

after paragraph (c) insert—

“(d)

the reference in paragraph 119ZA (1) (b) to the CAC

refusing an application included a reference to it

being required to give notice under paragraph 146(5).”

Part 5

Meaning of “the required percentage”

After paragraph 171A insert—

““The required percentage”

171B

(1)

In this Schedule, “the required percentage” means 10%.

(2)

The Secretary of State may by regulations amend this paragraph

so that the required percentage is a percentage—

(a)

not greater than 10%, and

(b)

not less than 2%.

(3)

Regulations under sub-paragraph (2)—

(a)

are to be made by statutory instrument;

Page 260

(b)

may include supplementary, incidental, saving or

transitional provision, including provision amending this

Schedule;

(c)

may make different provision for different cases.

(4)

A statutory instrument containing regulations under

sub-paragraph (2) may not be made unless a draft of the

instrument has been laid before and approved by a resolution of

each House of Parliament.”

Part 6

Consequential amendments

(1)

The Employment Relations Act 2004 is amended as follows.

(2)

In section 9—

(a)

omit subsections (1) to (4);

(b)

in subsection (5), for “that Schedule” substitute “Schedule A1 to the

1992 Act”;

(c)

omit subsections (6) to (9).

(3)

Omit section 10.

(4)

Omit section 13.

(5)

In paragraph 23 of Schedule 1—

(a)

in sub-paragraph (10), omit paragraph (b) (and the “and” before it);

(b)

in sub-paragraph (11), omit paragraph (b) (and the “and” before it);

(c)

in sub-paragraph (13), omit paragraph (b) (and the “and” before it);

(d)

in sub-paragraph (14), omit paragraph (b) (and the “and” before it);

(e)

omit sub-paragraph (19);

(f)

in sub-paragraph (26), omit paragraph (a) (and the “and” after it);

(g)

in sub-paragraph (27), omit paragraph (a) (and the “and” after it).

Schedule 7

Section 87 (1)

Legislation subject to enforcement under Part 5

Part 1

Relevant labour market legislation

Employment Agencies Act 1973

The Employment Agencies Act 1973 (employment agencies and employment

businesses).

Page 261

Regulations under section 5 of that Act (conduct of employment agencies

and businesses).

Social Security Contributions and Benefits Act 1992

Section 151(1) of the Social Security Contributions and Benefits Act 1992

(employer’s liability to pay statutory sick pay).

Regulations under section 153(5)(b) of that Act (requirement to provide

statement about entitlement).

Social Security Administration Act 1992

Regulations under section 5 of the Social Security Administration Act 1992

(regulations about claims for and payments of benefit), so far as relating

to statutory sick pay.

Section 14(3) of that Act (duty of employers to provide certain information

to employees in relation to statutory sick pay).

Regulations under section 130 of that Act (duties of employers), so far as

relating to statutory sick pay.

Social Security Contributions and Benefits (Northern Ireland) Act 1992

Section 147(1) of the Social Security Contributions and Benefits (Northern

Ireland) Act 1992 (employer’s liability to pay statutory sick pay).

Regulations under section 149(5)(b) of that Act (requirement to provide

statement about entitlement).

Social Security Administration (Northern Ireland) Act 1992

Regulations under section 5 of the Social Security Administration (Northern

Ireland) Act 1992 (regulations about claims for and payments of benefit),

so far as relating to statutory sick pay.

Section 12(3) of that Act (duty of employers to provide certain information

to employees in relation to statutory sick pay).

Regulations under section 122 of that Act (duties of employers), so far as

relating to statutory sick pay.

Employment Tribunals Act 1996

Part 2A of the Employment Tribunals Act 1996 (financial penalties for

failure to pay sums ordered to be paid or settlement sums).

National Minimum Wage Act 1998

Section 1 of the National Minimum Wage Act 1998 (entitlement to the

national minimum wage).

Regulations under section 9 of that Act (duty of employers to keep records).

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Section 10 of that Act (worker’s right of access to records).

Regulations under section 12 of that Act (employer to provide worker with

national minimum wage statement).

Section 17 of that Act (non-compliance: worker entitled to additional

remuneration).

Section 23 of that Act (right not to suffer detriment).

Section 31 of that Act (offences).

Working Time Regulations 1998

The following provisions of the Working Time Regulations 1998 (S.I.

1998/1833)—

(a)

regulations 13 to 15E (entitlement to annual leave, etc);

(b)

regulation 16 (right to payment in respect of periods of leave);

(c)

regulation 16A (rolled-up holiday pay for irregular hours workers

and part-year workers);

(d)

regulation 16B(1) (duty to keep records relating to annual leave

entitlement);

(e)

regulation 29(1) (offences), so far as relating to regulation 16B(1).

Gangmasters (Licensing) Act 2004

Section 6 of the Gangmasters (Licensing) Act 2004 (prohibition of unlicensed

activities).

Rules under section 8 of that Act (power to make rules in connection with

licensing of persons acting as gangmasters).

Section 9 of that Act (modification, revocation or transfer of licence).

Sections 12 and 13 of that Act (offences).

The references in paragraphs 22 and 25 to the Gangmasters (Licensing) Act

2004 are to that Act only so far as it applies in relation to England and

Wales and Scotland.

Fraud Act 2006

Section 1 of the Fraud Act 2006, so far as relating to an offence which—

(a)

is committed under the law of England and Wales by virtue of

section 4 of that Act (fraud by abuse of position), and

(b)

is committed in relation to a worker or a person seeking work.

Modern Slavery Act 2015

Section 1 of the Modern Slavery Act 2015 (offence of slavery, servitude and

forced or compulsory labour).

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Sections 2 and 4 of that Act (human trafficking), so far as relating to an

offence—

(a)

which is committed in relation to a worker or a person seeking

work, or

(b)

which is otherwise committed in circumstances where subsection

(2) of section 3 of that Act applies.

(1)

Part 2 of that Act (prevention orders), so far as relating to—

(a)

the making of orders under that Part on the application of the

Secretary of State,

(b)

offences committed in relation to orders made under that Part on

such an application, or

(c)

offences committed in relation to orders within sub-paragraph (2).

(2)

An order is within this sub-paragraph if—

(a)

the order was made under section 14 of that Act following—

(i)

the conviction of the defendant of a relevant offence, or

(ii)

a finding of a kind mentioned in section 14(1)(b) or (c) of

that Act in connection with a relevant offence, and

(b)

the prosecution resulted from an investigation conducted by or on

behalf of the Secretary of State.

(3)

In sub-paragraph (2) “relevant offence” means—

(a)

an offence under section 1 of the Modern Slavery Act 2015;

(b)

an offence under section 2 or 4 of that Act falling within paragraph

29 ;

(c)

an ancillary offence relating to an offence within paragraph (a) or

(b).

Employment Rights Act 2025

Section 44 (2) of this Act (entitlement of social care workers to be paid in

accordance with ratified agreements of Negotiating Body).

Section 45 (5) (entitlement of social care workers to be paid in accordance

with regulations made by Secretary of State, etc).

Sections 116 to 126 and 136 (LME undertakings and orders).

Sections 137 and 139 (offences relating to Part 5).

Part 2

Power to amend Part 1

(1)

The Secretary of State may by regulations amend Part 1 of this Schedule

in order to—

(a)

add an enactment to the list of legislation in that Part, or

(b)

vary a reference to an enactment in that list.

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(2)

Regulations under this paragraph may add an enactment only if it relates

to—

(a)

rights or entitlements conferred on employees or workers;

(b)

the treatment of employees or workers;

(c)

requirements, restrictions or prohibitions imposed on employers;

(d)

trade unions, employers’ associations, industrial action or labour

relations.

(3)

Regulations under this paragraph may not add an enactment that deals

with a transferred matter, or vary a reference to such an enactment, without

the consent of the appropriate Northern Ireland department.

(4)

For the purposes of sub-paragraph (3) —

“the appropriate Northern Ireland department” , in relation to an

enactment that deals with a transferred matter, means the Northern

Ireland department which has responsibility for that matter;

“deals with” is to be read in accordance with section 98(2) and (3) of

the Northern Ireland Act 1998;

“transferred matter” has the meaning given by section 4(1) of that Act.

(5)

Regulations under this paragraph may amend any of the following

provisions in consequence of an amendment of Part 1 of this Schedule—

(a)

section 88 (enforcement functions of Secretary of State);

(b)

section 89 (delegation of functions);

(c)

section 100 (power to give notice of underpayment);

(d)

section 147 (meaning of “non-compliance with relevant labour market

legislation”).

(6)

Regulations under this paragraph that add an enactment which—

(a)

confers a right or entitlement to the payment of any sum to an

individual, or

(b)

prohibits or restricts the withholding of payment of any sum to an

individual,

may provide that a notice of underpayment relating to sums due under or

by virtue of the enactment may relate to sums becoming due before the

coming into force of the regulations.

(7)

Regulations under this paragraph are subject to the affirmative resolution

procedure.

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Schedule 8

Section 128 (5)

Warrants under Part 5: further provision

Part 1

Application of this Schedule

This Schedule applies in relation to—

(a)

applications for warrants under section 95 or 99 , and

(b)

warrants issued under section 95 or 99 .

Part 2

Warrants: applications and safeguards

Applications for warrants

(1)

Where an enforcement officer applies for a warrant, the officer must—

(a)

state the ground on which the application is made,

(b)

state the provision of this Act under which the warrant would be

issued,

(c)

specify the premises which it is desired to enter, and

(d)

identify, so far as is practicable, the purpose for which entry is

desired.

(2)

An application for a warrant must be made without notice and must be

supported by an information in writing or, in Scotland, evidence on oath.

(3)

The officer must answer on oath any question that the justice hearing the

application asks the officer.

Safeguards in connection with power of entry conferred by warrant

A warrant authorises an entry on one occasion only.

(1)

A warrant must specify—

(a)

the name of the person who applies for it,

(b)

the date on which it is issued,

(c)

the provision of this Act under which it is issued, and

(d)

the premises to be entered.

(2)

A warrant must identify, so far as is practicable, the purpose for which

entry is desired.

(1)

Two copies are to be made of a warrant.

(2)

In the case of a warrant issued in electronic form, the copies must be clearly

marked as copies.

(3)

In the case of a warrant issued otherwise than in electronic form, the copies

must be clearly certified as copies.

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Part 3

Execution of warrants

Warrant to be executed within three months

Execution of a warrant must be within three months from the date of its

issue.

Time of entry

Execution of a warrant must be at a reasonable time, unless it appears to

the officer executing it that there are grounds for suspecting that the purpose

of entering the premises may be frustrated if the officer seeks to enter at

a reasonable time.

Evidence of authority etc

(1)

Where the occupier of premises to be entered under a warrant is present

at the time when an enforcement officer seeks to execute the warrant, the

following requirements must be satisfied—

(a)

the officer must produce to the occupier documentary evidence of

the fact that the officer is an enforcement officer;

(b)

if the officer is asked for it, the occupier must be told the officer’s

name;

(c)

the officer must produce the warrant to the occupier;

(d)

the officer must supply the occupier with a copy of the warrant

that is marked or certified as a copy in accordance with paragraph

5 .

(2)

Where—

(a)

the occupier of premises to be entered under a warrant is not present

when an enforcement officer seeks to execute it, but

(b)

some other person who appears to the officer to be in charge of the

premises is present,

sub-paragraph (1) has effect as if any reference to the occupier were a

reference to that other person.

(3)

If there is no person present who appears to the enforcement officer to be

in charge of the premises, the officer must leave a copy of the warrant,

marked or certified as a copy in accordance with paragraph 5 , in a

prominent place on the premises.

Securing premises after entry

An enforcement officer who enters premises under a warrant must take

reasonable steps to ensure that when the officer leaves the premises they

are as secure as they were before the officer entered.

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Return and retention of warrants

(1)

A warrant which—

(a)

has been executed, or

(b)

has not been executed within the time authorised for its execution,

must be returned to the appropriate person.

(2)

For the purposes of sub-paragraph (1) the appropriate person is—

(a)

in the case of a warrant issued in England and Wales, the designated

officer for the local justice area in which the justice was acting when

the warrant was issued;

(b)

in the case of a warrant issued in Scotland by a justice of the peace,

the clerk of the justice of the peace court in the sheriffdom for which

the justice of the peace was appointed;

(c)

in the case of a warrant issued in Scotland by a sheriff or a summary

sheriff, the sheriff clerk;

(d)

in the case of a warrant issued in Northern Ireland, the clerk of

petty sessions.

(3)

A warrant that is returned under this paragraph must be retained by the

person to whom it is returned for a period of 12 months.

(4)

If during that period the occupier of the premises to which the warrant

relates asks to inspect it, the occupier must be allowed to do so.

Schedule 9

Section 132 (5)

Persons to whom information may be disclosed under section

Authorities with functions in connection with the labour market or the workplace etc

The Commissioners for His Majesty’s Revenue and Customs.

The Health and Safety Executive.

An enforcing authority within the meaning of Part 1 of the Health and Safety

at Work etc. Act 1974 (see section 18(7) of that Act).

An inspector appointed by such an enforcing authority (see section 19 of that

Act).

An officer acting for the purposes of Part 2 of the Employment (Miscellaneous

Provisions) (Northern Ireland) Order 1981 (S.I. 1981/839 (N.I. 20)).

An enforcement authority within the meaning of regulation 28 of the Working

Time Regulations 1998 (S.I. 1998/1833).

An inspector appointed by such an enforcement authority (see Schedule 3 to

those Regulations).

The Advisory, Conciliation and Arbitration Service.

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The Low Pay Commission.

The Pensions Regulator.

The Pensions Ombudsman.

Law enforcement and border security

A chief officer of police of a police force maintained for a police area in England

and Wales.

A local policing body.

The Chief Constable of the British Transport Police Force.

The chief constable of the Police Service of Scotland.

The Chief Constable of the Police Service of Northern Ireland.

The National Crime Agency.

A person appointed as an immigration officer under paragraph 1 of Schedule

2 to the Immigration Act 1971.

Local government

A county council or district council in England.

A London borough council.

The Greater London Authority.

The Common Council of the City of London in its capacity as a local authority.

The Council of the Isles of Scilly.

A county council or county borough council in Wales.

A council constituted under section 2 of the Local Government etc. (Scotland)

Act 1994.

A district council in Northern Ireland.

Health and social care bodies

The Care Quality Commission.

A National Health Service trust established under section 25 of the National

Health Service Act 2006 or section 18 of the National Health Service (Wales)

Act 2006.

An NHS foundation trust within the meaning given by section 30 of the National

Health Service Act 2006.

A Local Health Board established under section 11 of the National Health

Service (Wales) Act 2006.

A Health Board constituted under section 2 of the National Health Service

(Scotland) Act 1978.

Page 269

A Special Health Board constituted under that section.

Healthcare Improvement Scotland.

Social Care Wales.

Social Care and Social Work Improvement Scotland.

The Scottish Social Services Council.

The Health and Social Care Regulation and Quality Improvement Authority

in Northern Ireland.

Other persons

The Equality and Human Rights Commission.

The Independent Anti-slavery Commissioner.

The Welsh Ministers.

A Northern Ireland department.

Schedule 10

Section 146 (1)

Consequential amendments relating to Part

Part 1

Existing powers under relevant labour market legislation

Employment Agencies Act 1973

The Employment Agencies Act 1973 is amended as follows.

Omit section 8A (appointment of officers).

Omit section 9 (inspection).

(1)

Section 11A (offences: extension of time limit) is amended as follows.

(2)

In subsection (1), omit “9(4)(b) or”.

(3)

In subsection (3), omit “9(4)(b) or”.

Part 2A of Employment Tribunals Act 1996

Part 2A of the Employment Tribunals Act 1996 (financial penalties for

failure to pay sums ordered to be paid or settlement sums) is amended as

follows.

In section 37D (unpaid amount of relevant sum: further provision), in

subsection (6), for “an enforcement officer” substitute “the Secretary of

State”.

(1)

Section 37E (warning notice) is amended as follows.

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(2)

In subsection (1), for “an enforcement officer” substitute “the Secretary of

State”.

(3)

In subsection (2)—

(a)

for “officer” substitute “Secretary of State”;

(b)

for “officer’s” substitute “Secretary of State’s”.

(4)

In subsection (3), for “officer” substitute “Secretary of State”.

(1)

Section 37F (penalty notice) is amended as follows.

(2)

In subsection (1), for “an enforcement officer” substitute “the Secretary of

State”.

(3)

In subsection (2), for “officer” substitute “Secretary of State”.

In section 37G (appeal against penalty notice), in subsection (3)(b), for

“enforcement officer” substitute “Secretary of State”.

In section 37I (withdrawal of warning notice), in subsection (1)—

(a)

in paragraph (b), for “an enforcement officer” substitute “the

Secretary of State”;

(b)

in the closing words, for “officer” substitute “Secretary of State”.

In section 37J (withdrawal of penalty notice), in subsection (1)—

(a)

in paragraph (b), for “an enforcement officer” substitute “the

Secretary of State”;

(b)

in the closing words, for “officer” substitute “Secretary of State”.

In section 37K (replacement penalty notice), in subsection (1)—

(a)

for “an enforcement officer” substitute “the Secretary of State”;

(b)

for “the officer” substitute “the Secretary of State”.

Omit section 37M (enforcement officers).

In section 37O (modification in particular cases), in subsection (4)(a), for

“enforcement officer” substitute “Secretary of State”.

In section 37P (giving of notices), in subsection (1)(a), for “an enforcement

officer” substitute “the Secretary of State”.

In section 37Q(1) (interpretation), omit the definition of “enforcement

officer”.

National Minimum Wage Act 1998

The National Minimum Wage Act 1998 is amended as follows.

Omit section 13 (appointment of officers) and the italic heading before that

section.

Omit section 14 (powers of officers).

Omit section 15 (information obtained by officers).

Omit section 16 (information obtained by agricultural wages officers).

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In section 16A (disclosure of information by officers), in subsection (5)—

(a)

in the definition of “enforcement officer”, omit paragraph (a) (and

the “or” after it);

(b)

in the definition of “the relevant legislation”, omit paragraph (a)

(and the “and” after it).

Omit sections 19 to 19H (notices of underpayment).

In section 31 (offences), omit subsection (5).

Gangmasters (Licensing) Act 2004

The Gangmasters (Licensing) Act 2004 is amended as follows.

Omit the italic heading before section 1.

Omit section 2 (directions etc to the Gangmasters and Labour Abuse

Authority).

In section 3 (work to which Act applies), for subsection (6) substitute—

“(6)

Before making regulations under subsection (5), the Secretary of

State must consult the Advisory Board established under section 90

of the Employment Rights Act 2025.”

(1)

Section 7 (grant of licence) is amended as follows.

(2)

In subsection (1)—

(a)

for “Authority” substitute “Secretary of State”;

(b)

for “it” substitute “the Secretary of State”.

(3)

In subsection (2), for “Authority” substitute “Secretary of State”.

(4)

In subsection (5), for “Authority” substitute “Secretary of State”.

(1)

Section 8 (general power to make rules) is amended as follows.

(2)

In the heading, omit “of Authority”.

(3)

In subsection (1)—

(a)

for the words from the beginning to “State” substitute “The Secretary

of State may”;

(b)

for “it” substitute “the Secretary of State”.

(1)

Section 9 (modification, revocation or transfer of licence) is amended as

follows.

(2)

In subsection (1)—

(a)

for “Authority” substitute “Secretary of State”;

(b)

in paragraph (b), for “him” substitute “the Secretary of State”.

(3)

In subsection (2), for “Authority” substitute “Secretary of State”.

(4)

In subsection (3), for “Authority”, in both places it occurs, substitute

“Secretary of State”.

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In section 10 (appeals), in subsection (1), for “Authority” substitute

“Secretary of State”.

(1)

Section 11 (register of licences) is amended as follows.

(2)

In subsection (1), for “The Authority shall establish and” substitute “The

Secretary of State must”.

(3)

In subsection (2), for “Authority” substitute “Secretary of State”.

(4)

In subsection (3), for “Authority” substitute “Secretary of State”.

In section 12 (offences: acting as a gangmaster, etc), in subsection (6)(b),

for “Authority” substitute “Gangmasters and Labour Abuse Authority or

the Secretary of State”.

(1)

Section 14 (offences: supplementary provisions) is amended as follows.

(2)

In subsection (1), for “section 24A of the Police and Criminal Evidence Act

1984 (c. 60)” substitute “Article 26A of the Police and Criminal Evidence

Act (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))”.

(3)

Omit subsection (2A).

(4)

In subsection (3), after “do not apply” insert “in England and Wales or”.

(1)

Section 15 (enforcement and compliance officers) is amended as follows.

(2)

For the heading substitute “Enforcement officers: Northern Ireland”.

(3)

In subsection (1)—

(a)

for “Secretary of State” substitute “Department of Agriculture,

Environment and Rural Affairs in Northern Ireland (“the

Department”)”;

(b)

after “this Act” insert “, so far as it applies in relation to Northern

Ireland”.

(4)

In subsection (2), for “Secretary of State” substitute “Department”.

(5)

In subsection (3)—

(a)

omit paragraph (a);

(b)

after paragraph (b) insert—

“(ba)

any Minister within the meaning of the Northern

Ireland Act 1998 or any Northern Ireland

department,”;

(c)

omit paragraphs (c) and (d).

(6)

After subsection (3) insert—

“(3A)

Arrangements made under subsection (2) with a relevant authority

within paragraph (b) or (e) of that subsection may provide for

payments to be made by the Department in respect of the

performance of any function to which the arrangements relate.

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(3B)

Any sums received by virtue of subsection (3A) by a Minister of

the Crown or government department are to be paid into the

Consolidated Fund.”

(7)

Omit subsection (4).

(8)

In subsection (5), omit “or a compliance officer”.

(9)

In subsection (6), omit “or a compliance officer”.

(10)

After subsection (6) insert—

“(6ZA)

For powers to enforce this Act so far as it applies in relation to

England and Wales and Scotland, see Part 5 of the Employment

Rights Act 2025.”

(11)

Omit subsection (6A).

(1)

Section 16 (powers of officers) is amended as follows.

(2)

Omit subsection (A1).

(3)

In subsection (1), omit “or a compliance officer”.

(1)

Section 17 (entry by warrant) is amended as follows.

(2)

Omit subsection (A1).

(3)

In subsection (1), for “written information” substitute “a written complaint”.

(4)

After subsection (4) insert—

“(4A)

In this section a reference to section 6 is a reference to that section

only so far as it applies in relation to Northern Ireland.”

(5)

Omit subsection (5).

(1)

Section 18 (obstruction of officers) is amended as follows.

(2)

In subsection (1)(a)—

(a)

omit “or compliance officer”;

(b)

omit the words from “or functions” to “officers)”.

(3)

In subsection (2), omit “or compliance officer”.

(4)

In subsection (3)—

(a)

omit paragraph (a);

(b)

in paragraph (b), omit “Scotland or”;

(c)

omit the words after paragraph (b).

(1)

Section 19 (information relating to gangmasters) is amended as follows.

(2)

In subsection (1)—

(a)

omit paragraph (aa) (but not the “and” after it);

(b)

in paragraph (b), before sub-paragraph (i) insert—

“(zi)

the enforcement of this Act so far as it applies

in relation to England and Wales and

Scotland,”.

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(3)

In subsection (1A), omit paragraph (b) (and the “and” before it).

(4)

Omit subsection (1B).

(5)

In subsection (2)—

(a)

for “subsection (1)(aa) or (b)” substitute “subsection (1)(b)”;

(b)

after “supplied to” insert “, or used by,”.

Omit section 22A (relationship with other agencies: requests for assistance).

Omit section 24 (financial provision).

(1)

Section 25 (regulations, rules and orders) is amended as follows.

(2)

In subsection (3), after “regulations” insert “, rules”.

(3)

Omit subsection (4).

(4)

In subsection (5)—

(a)

omit paragraph (a);

(b)

omit paragraph (c) (and the “or” before it).

(5)

In subsection (6)(b), omit “made by the Authority” and “of Authority”.

Omit Schedule 1 (consequential amendments of enactments).

(1)

Schedule 2 (application of Act to Northern Ireland) is amended as follows.

(2)

Omit paragraphs 3 to 6.

(3)

In paragraph 9 (grant of licences), for “Authority” substitute “Secretary of

State”.

(4)

In the italic heading before paragraph 10, omit “of Authority”.

(5)

In paragraph 10 (general power to make rules)—

(a)

in sub-paragraph (1), omit “of Authority”;

(b)

omit sub-paragraph (2);

(c)

in sub-paragraph (3), for “Authority” substitute “Secretary of State”.

(6)

For paragraph 11 substitute—

“11

Regulations under section 10 that make provision for appeals

against decisions made in connection with Northern Ireland

licences may, if the relevant Northern Ireland department so

agrees, confer functions on the relevant Northern Ireland

department.”

(7)

In paragraph 12 (register of licences), for “The Authority shall establish

and” substitute “The Secretary of State must”.

(8)

Omit paragraph 14 (offences: supplementary provision).

(9)

Omit paragraph 15 (enforcement and compliance officers).

(10)

Omit paragraph 16 (entry by warrant).

(11)

In paragraph 16A (information relating to gangmasters), in sub-paragraph

(1), omit paragraphs (a) and (b) (and the “and” before paragraph (c)).

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(12)

Omit paragraph 16B (relationship with other agencies: requests for

assistance).

(13)

Omit paragraph 18 (financial provision).

Modern Slavery Act 2015

The Modern Slavery Act 2015 is amended as follows.

Omit section 11A (enforcement of Part 1 by Gangmasters and Labour Abuse

Authority).

(1)

Section 15 (slavery and trafficking prevention orders on application) is

amended as follows.

(2)

In subsection (1), for paragraph (d) substitute—

“(ca)

if it appears that an offence under this Part which is a labour

market offence has been, is being or may be committed, the

Secretary of State.”

(3)

In subsection (7)—

(a)

for “Gangmasters and Labour Abuse Authority” substitute “Secretary

of State”;

(b)

for “the Authority” substitute “the Secretary of State”.

(4)

In subsection (8)(b)—

(a)

for “Gangmasters and Labour Abuse Authority” substitute “Secretary

of State”;

(b)

for “the Authority” substitute “the Secretary of State”.

In section 19 (requirement to provide name and address), in subsection

(7)—

(a)

for “Gangmasters and Labour Abuse Authority” substitute “Secretary

of State”;

(b)

for “the Authority” substitute “the Secretary of State”.

(1)

Section 20 (variation, renewal and discharge) is amended as follows.

(2)

In subsection (2)(g), for “the Gangmasters and Labour Abuse Authority,

the Authority” substitute “the Secretary of State, the Secretary of State”.

(3)

In subsection (9)—

(a)

for “Gangmasters and Labour Abuse Authority” substitute “Secretary

of State”;

(b)

for “the Authority”, in both places it occurs, substitute “the Secretary

of State”.

(1)

Section 23 (slavery and trafficking risk orders) is amended as follows.

(2)

In subsection (1), for paragraph (d) substitute—

“(ca)

if it appears that an offence under this Part which is a labour

market offence has been, is being or may be committed, the

Secretary of State.”

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(3)

In subsection (6)—

(a)

for “Gangmasters and Labour Abuse Authority” substitute “Secretary

of State”;

(b)

for “the Authority” substitute “the Secretary of State”.

(4)

In subsection (7)(b)—

(a)

for “Gangmasters and Labour Abuse Authority” substitute “Secretary

of State”;

(b)

for “the Authority” substitute “the Secretary of State”.

In section 26 (requirement to provide name and address), in subsection

(7)—

(a)

for “Gangmasters and Labour Abuse Authority” substitute “Secretary

of State”;

(b)

for “the Authority” substitute “the Secretary of State”.

(1)

Section 27 (variation, renewal and discharge) is amended as follows.

(2)

In subsection (2)(g), for “the Gangmasters and Labour Abuse Authority,

the Authority” substitute “the Secretary of State, the Secretary of State”.

(3)

In subsection (7)—

(a)

for “Gangmasters and Labour Abuse Authority” substitute “Secretary

of State”;

(b)

for “the Authority”, in both places it occurs, substitute “the Secretary

of State”.

Omit section 30A (enforcement of Part 2 by Gangmasters and Labour Abuse

Authority).

In section 33 (guidance), in subsection (1), for “, the Director General of

the National Crime Agency and the Gangmasters and Labour Abuse

Authority” substitute “and the Director General of the National Crime

Agency”.

In section 34 (interpretation of Part 2), in subsection (1), after the definition

of “interim slavery and trafficking risk order” insert—

““labour market offence” has the same meaning as in Part 5 of the

Employment Rights Act 2025;”.

Part 2

Other consequential amendments

Public Records Act 1958

In Schedule 1 to the Public Records Act 1958 (definition of public records),

in Part 2 of the Table at the end of paragraph 3, omit the entry relating to

the Gangmasters and Labour Abuse Authority.

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Parliamentary Commissioner Act 1967

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments

etc subject to investigation), omit the entries relating to—

(a)

the Director of Labour Market Enforcement, and

(b)

the Gangmasters and Labour Abuse Authority.

Superannuation Act 1972

In Schedule 1 to the Superannuation Act 1972 (kinds of employment to

which that Act applies), omit the entries relating to—

(a)

the Director of Labour Market Enforcement, and

(b)

the Gangmasters and Labour Abuse Authority.

House of Commons Disqualification Act 1975

In Schedule 1 to the House of Commons Disqualification Act 1975 (offices

disqualifying for membership)—

(a)

in Part 2, omit the entry relating to the Gangmasters and Labour

Abuse Authority;

(b)

in Part 3, omit the entry relating to the Director of Labour Market

Enforcement.

Northern Ireland Assembly Disqualification Act 1975

In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975

(offices disqualifying for membership)—

(a)

in Part 2, omit the entry relating to the Gangmasters and Labour

Abuse Authority;

(b)

in Part 3, omit the entry relating to the Director of Labour Market

Enforcement.

Employment Protection Act 1975

In Schedule 13 to the Employment Protection Act 1975, omit paragraph 6.

Police and Criminal Evidence Act 1984

(1)

Section 114B of the Police and Criminal Evidence Act 1984 (application of

Act to labour abuse prevention officers) is amended as follows.

(2)

In the heading, for “labour abuse prevention officers” substitute

“enforcement officers”.

(3)

In subsection (1), for “labour abuse prevention officers” substitute

“enforcement officers”.

(4)

Omit subsections (3), (4), (8) and (9).

(5)

In subsection (10), for “Any other” substitute “A”.

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(6)

For subsection (11) substitute—

“(11)

In this section—

“enforcement officer” has the meaning given by section 87 (3)

of the Employment Rights Act 2025;

“labour market offence” has the same meaning as in Part 5 of

that Act (see section 148 (1) of that Act).”

Companies Act 1985

In Schedule 15C to the Companies Act 1985, omit paragraph 7D.

Trade Union and Labour Relations (Consolidation) Act 1992

In section 251B of the Trade Union and Labour Relations (Consolidation)

Act 1992 (prohibition on disclosure of information), in subsection (2), omit

paragraph (ca).

Criminal Justice and Public Order Act 1994

(1)

The Criminal Justice and Public Order Act 1994 is amended as follows.

(2)

In section 36 (effect of accused’s failure or refusal to account for objects,

substances or marks), after subsection (5) insert—

“(5A)

This section applies in relation to enforcement officers who—

(a)

are appointed by the Secretary of State under section 87 of

the Employment Rights Act 2025, and

(b)

are acting in the exercise of functions conferred on them by

virtue of section 114B of the Police and Criminal Evidence

Act 1984,

as it applies in relation to constables.”

(3)

In section 37 (effect of accused’s failure or refusal to account for presence

at a particular place), after subsection (4) insert—

“(4A)

This section applies in relation to enforcement officers who—

(a)

are appointed by the Secretary of State under section 87 of

the Employment Rights Act 2025, and

(b)

are acting in the exercise of functions conferred on them by

virtue of section 114B of the Police and Criminal Evidence

Act 1984,

as it applies in relation to constables.”

Deregulation and Contracting Out Act 1994

In Schedule 10 to the Deregulation and Contracting Out Act 1994, omit

paragraph 1(4).

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Employment Tribunals Act 1996

(1)

The Employment Tribunals Act 1996 is amended as follows.

(2)

In section 18 (conciliation: relevant proceedings etc), in subsection (1)(c),

omit “, 19D(1)(a)”.

(3)

In section 19A (conciliation: recovery of sums payable under settlements),

omit subsection (10A).

(4)

In section 21 (jurisdiction of Employment Appeal Tribunal), in subsection

(1), after paragraph (ge) insert—

“(gf)

Part 5 of the Employment Rights Act 2025,”.

Employment Relations Act 1999

In Schedule 7 to the Employment Relations Act 1999, omit paragraph 4.

Immigration and Asylum Act 1999

In Schedule A1 to the Immigration and Asylum Act 1999, omit paragraph

17.

Finance Act 2000

In the Finance Act 2000, omit section 148 (use of minimum wage

information).

Regulation of Investigatory Powers Act 2000

In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000

(relevant public authorities for purposes of sections 28 and 29 of that Act),

omit paragraph 20E.

Freedom of Information Act 2000

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (bodies etc

that are public authorities for the purposes of the Act), omit the entries

relating to—

(a)

the Director of Labour Market Enforcement, and

(b)

the Gangmasters and Labour Abuse Authority.

Police Reform Act 2002

(1)

The Police Reform Act 2002 is amended as follows.

(2)

In section 10 (general functions of the Independent Police Complaints

Commission)—

(a)

in subsection (1), for paragraph (ga) substitute—

“(ga)

to carry out such corresponding functions in relation

to enforcement officers (within the meaning of Part

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5 of the Employment Rights Act 2025) acting in the

exercise of functions conferred on them by virtue of

section 114B of the Police and Criminal Evidence Act

1984;”;

(b)

in subsection (3)—

(i)

after paragraph (bc) insert—

“(bca)

any regulations under section 26CA of this

Act (enforcement officers appointed under

Employment Rights Act 2025);”;

(ii)

omit paragraph (bd).

(3)

After section 26C insert—

“26CA

Enforcement officers appointed under Employment Rights Act

2025

(1)

The Secretary of State may make regulations conferring functions

on the Director General in relation to enforcement officers acting in

the exercise of functions conferred on them by virtue of section 114B

of the Police and Criminal Evidence Act 1984.

(2)

In this section “enforcement officer” means a person appointed by

the Secretary of State under section 87 of the Employment Rights

Act 2025.

(3)

Regulations under this section may, in particular—

(a)

apply (with or without modifications), or make provision

similar to, any provision of or made under this Part;

(b)

make provision for payment by the Secretary of State to, or

in respect of, the Office or in respect of the Director General.

(4)

The Director General and the Parliamentary Commissioner for

Administration may jointly investigate a matter in relation to

which—

(a)

the Director General has functions by virtue of this section,

and

(b)

the Parliamentary Commissioner for Administration has

functions by virtue of the Parliamentary Commissioner Act

1967.

(5)

The Secretary of State or an enforcement officer may disclose

information to the Director General, or to a person acting on the

Director General’s behalf, for the purposes of the exercise by the

Director General, or by any person acting on the Director General’s

behalf, of a relevant complaints function.

(6)

The Director General and the Parliamentary Commissioner for

Administration may disclose information to each other for the

purposes of the exercise of a function—

(a)

by virtue of this section, or

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(b)

under the Parliamentary Commissioner Act 1967.

(7)

Regulations under this section may, in particular, make—

(a)

further provision about the disclosure of information under

subsection (5) or (6);

(b)

provision about the further disclosure of information that

has been so disclosed.

(8)

A disclosure of information authorised by this section does not

breach—

(a)

any obligation of confidence owed by the person making

the disclosure, or

(b)

any other restriction on the disclosure of information

(however imposed).

(9)

But this section does not authorise a disclosure of information that—

(a)

would contravene the data protection legislation (but in

determining whether a disclosure would do so, the power

conferred by this section is to be taken into account), or

(b)

is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9

of the Investigatory Powers Act 2016.

(10)

In this section—

“the data protection legislation” has the same meaning as in

the Data Protection Act 2018 (see section 3 of that Act);

“relevant complaints function” means a function in relation to

the exercise of functions by enforcement officers.”

(4)

Omit section 26D (labour abuse prevention officers).

Employment Relations Act 2004

In Schedule 1 to the Employment Relations Act 2004, omit paragraphs 40

and 41.

Civil Partnership Act 2004

In Schedule 27 to the Civil Partnership Act 2004, omit paragraph 155.

Pensions Act 2004

In Schedule 3 to the Pensions Act 2004 (certain permitted disclosures of

restricted information held by the Pensions Regulator), omit the entry

relating to the Director of Labour Market Enforcement.

Serious Organised Crime and Police Act 2005

In Schedule 7 to the Serious Organised Crime and Police Act 2005, omit

paragraph 62.

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Natural Environment and Rural Communities Act 2006

In Schedule 7 to the Natural Environment and Rural Communities Act

2006 (designated bodies), omit paragraph 13.

Regulatory Enforcement and Sanctions Act 2008

In Schedule 5 to the Regulatory Enforcement and Sanctions Act 2008

(designated regulators), omit the entry relating to the Gangmasters and

Labour Abuse Authority.

Employment Act 2008

In the Employment Act 2008, omit the following—

(a)

section 9(1) and (2);

(b)

section 16;

(c)

section 18.

Equality Act 2010

In Schedule 19 to the Equality Act 2010 (public authorities subject to public

sector equality duty), omit the entry relating to the Gangmasters and Labour

Abuse Authority.

Financial Services Act 2012

In Schedule 18 to the Financial Services Act 2012, omit paragraph 36.

Modern Slavery Act 2015

(1)

The Modern Slavery Act 2015 is amended as follows.

(2)

In section 52 (duty to notify Secretary of State about suspected victims of

slavery or human trafficking), in subsection (5), omit paragraph (k).

(3)

Omit section 54A (Gangmasters and Labour Abuse Authority: information

gateways).

(4)

In section 58(4) (regulations), omit paragraph (ja).

(5)

In section 60 (extent)—

(a)

in subsection (1), omit “and section 54A, and Schedule 4A, in Part

7”;

(b)

in subsection (3), omit “(except for section 54A and Schedule 4A)”.

(6)

In Schedule 3, omit the following—

(a)

the entry relating to the Gangmasters and Labour Abuse Authority;

(b)

the entry relating to the Director of Labour Market Enforcement;

(c)

the heading “Regulators”.

(7)

Omit Schedule 4A.

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Small Business, Enterprise and Employment Act 2015

In the Small Business, Enterprise and Employment Act 2015, omit the

following—

(a)

in section 150, subsections (4) and (7);

(b)

section 152.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern

Ireland) 2015

In Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice

and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (slavery

and trafficking prevention orders), in Part 3, in paragraph 18(7)(e), omit

“or the Gangmasters and Labour Abuse Authority”.

Immigration Act 2016

In the Immigration Act 2016, omit the following—

(a)

sections 2 to 9;

(b)

section 10;

(c)

section 11(2);

(d)

section 12(2);

(e)

section 13;

(f)

sections 14 to 30;

(g)

sections 32 and 33;

(h)

in Schedule 2, paragraphs 1 to 7, 9, 16 and 17;

(i)

in Schedule 3, paragraphs 1 to 9, 11, 12, 14 to 16, 17(b), 18 to 22,

23(4)(b), 24(2) and (3) and 25 to 36.

Investigatory Powers Act 2016

(1)

The Investigatory Powers Act 2016 is amended as follows.

(2)

In Part 1 of Schedule 4, in the Table, omit the entry relating to the

Gangmasters and Labour Abuse Authority.

(3)

In Schedule 10, omit paragraph 35.

Policing and Crime Act 2017

In Schedule 9 to the Policing and Crime Act 2017, omit paragraph 36.

Data Protection Act 2018

In Schedule 19 to the Data Protection Act 2018, omit paragraphs 191 and

197.

Page 284

Sentencing Act 2020

In section 379(1) of the Sentencing Act 2020 (other behaviour orders etc),

after the entry for the Northern Ireland Troubles (Legacy and Reconciliation)

Act 2023 insert—

“Employment Rights Act

2025

labour market

section 122

enforcement order

offence within the

meaning of Part 5 of

that Act.”

Police, Crime, Sentencing and Courts Act 2022

In Part 2 of Schedule 3 to the Police, Crime, Sentencing and Courts Act

2022 (extraction of information from electronic devices: authorised persons

in relation to all purposes within section 37), after the entry relating to

section 15 of the Gangmasters (Licensing) Act 2004 insert—

“A person who is an enforcement officer for the purposes of Part

5 of the Employment Rights Act 2025.”

Procurement Act 2023

(1)

The Procurement Act 2023 is amended as follows.

(2)

In Part 1 of Schedule 6 (mandatory exclusion grounds: offences), in

paragraph 26, for “section 27 of the Immigration Act 2016” substitute

“section 136 of the Employment Rights Act 2025”.

(3)

In Schedule 7 (discretionary exclusion grounds), in paragraph 1(d), for

“section 18 of the Immigration Act 2016” substitute “section 120 of the

Employment Rights Act 2025”.

Schedule 11

Section 146 (2) and (3)

Transitional and saving provision relating to Part 5

Part 1

Abolition of existing enforcement authorities: transfer schemes

Staff transfer schemes

(1)

The Secretary of State may make a scheme (a “staff transfer scheme”)

providing—

Page 285

(a)

for a designated employee of the GLAA to become a member of

staff of the Secretary of State (and accordingly to become employed

in the civil service of the state);

(b)

so far as may be consistent with employment in the civil service of

the state, for the terms and conditions of the employee’s employment

with the GLAA to have effect as if they were the conditions of

service as a member of the Secretary of State’s staff;

(c)

for the transfer to the Secretary of State of the rights, powers, duties

and liabilities of the GLAA under or in connection with the

employee’s contract of employment;

(d)

for anything done (or having effect as if done) before that transfer

by or in relation to the GLAA in respect of such a contract or the

employee to be treated as having been done by or in relation to the

Secretary of State.

(2)

A staff transfer scheme may provide for a period before the employee

became a member of the Secretary of State’s staff to count as a period

during which the employee was a member of the Secretary of State’s staff

(and for the operation of the scheme not to be treated as having interrupted

the continuity of that period).

(3)

A staff transfer scheme may provide for the employee not to become a

member of the Secretary of State’s staff if the employee gives notice

objecting to the operation of the scheme in relation to the employee.

(4)

A staff transfer scheme may provide for a person who would be treated

(by an enactment or otherwise) as being dismissed by the operation of the

scheme not to be so treated.

(5)

A staff transfer scheme may provide for an employee of the GLAA to

become a member of the Secretary of State’s staff despite any provision,

of whatever nature, which would otherwise prevent the person from being

employed in the civil service of the state.

Property transfer schemes

(1)

The Secretary of State may make a scheme (a “property transfer scheme”)

providing for the transfer from the GLAA or the Director to the Secretary

of State of designated property, rights or liabilities.

(2)

A property transfer scheme may—

(a)

create rights, or impose liabilities, in relation to property or rights

transferred by virtue of the scheme;

(b)

provide for anything done by or in relation to the GLAA or the

Director in connection with any property, rights or liabilities

transferred by the scheme to be treated as done, or to be continued,

by or in relation to the Secretary of State;

(c)

apportion property, rights and liabilities;

(d)

make provision about the continuation of legal proceedings.

(3)

The things that may be transferred by a property transfer scheme include—

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(a)

property, rights and liabilities that could not otherwise be

transferred;

(b)

property acquired, and rights and liabilities arising, after the making

of the scheme.

Continuity

A transfer by virtue of a staff transfer scheme or a property transfer scheme

does not affect the validity of anything done by or in relation to the GLAA

or the Director before the transfer takes effect.

Supplementary provision, etc

A staff transfer scheme or a property transfer scheme may include

supplementary, incidental, transitional or consequential provision.

Interpretation

In this Part of this Schedule—

“designated” , in relation to a staff transfer scheme or a property

transfer scheme, means specified in, or determined in accordance

with, the scheme;

“the Director” means the Director of Labour Market Enforcement;

“the GLAA” means the Gangmasters and Labour Abuse Authority.

Part 2

Other transitional and saving provision

General

(1)

Anything which—

(a)

was done by or in relation to a relevant person for the purpose of,

or in connection with, any function of the person under a provision

amended or repealed by Part 1 of Schedule 10 , and

(b)

is in effect immediately before the day on which the amendment

or repeal comes into force,

has effect, on and after that day, as if done by or in relation to the Secretary

of State.

(2)

Anything (including legal proceedings) which—

(a)

relates to a function of a relevant person under a provision amended

or repealed by Part 1 of Schedule 10 , and

(b)

immediately before the day on which the amendment or repeal

comes into force, is in the process of being done by or in relation

to that person,

may be continued, on and after that day, by or in relation to the Secretary

of State.

Page 287

(3)

Where anything mentioned in sub-paragraph (1) or (2) was done, or is in

the process of being done, under a provision repealed by Schedule 10 , that

thing has effect as if done under, or may be continued under, the

corresponding provision of this Act.

(4)

In this paragraph “relevant person” means—

(a)

an officer acting for the purposes of the Employment Agencies Act

1973;

(b)

an officer acting for the purposes of Part 2A of the Employment

Tribunals Act 1996;

(c)

an officer acting for the purposes of the National Minimum Wage

Act 1998;

(d)

the Gangmasters and Labour Abuse Authority;

(e)

an enforcement officer acting for the purposes of the Gangmasters

(Licensing) Act 2004, other than an enforcement officer appointed

by virtue of paragraph 15 of Schedule 2 to that Act (enforcement

officers in Northern Ireland);

(f)

a compliance officer acting for the purposes of that Act;

(g)

an officer of the Gangmasters and Labour Abuse Authority acting

for the purposes of any other enactment.

(5)

Sub-paragraphs (1) to (3) are subject to the remaining provisions of this

Schedule (and see also section 152 , which confers power to make transitional

or saving provision).

Powers to obtain documents etc

(1)

Any requirement to provide documents or information which—

(a)

was made under a repealed provision before the commencement

day, and

(b)

immediately before the commencement day, has not been complied

with,

is to be treated, on and after that day, as having been made under the

corresponding provision of this Act.

(2)

Any document which, immediately before the commencement day, was

retained in the exercise of a power conferred by a repealed provision is to

be treated, on and after that day, as retained under section 97 .

(3)

In this paragraph—

“the commencement day” , in relation to a repealed provision, means

the day on which the repeal of that provision comes into force;

“repealed provision” means a provision repealed by Part 1 of Schedule

10 .

Labour abuse prevention officers

(1)

Anything which—

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(a)

was done by or in relation to a labour abuse prevention officer in,

or in connection with, the exercise of a function conferred on the

officer by virtue of section 114B of the Police and Criminal Evidence

Act 1984 (“PACE”), and

(b)

is in effect immediately before the day on which paragraph 63 of

Schedule 10 comes into force (“the relevant day”),

has effect, on and after that day, as if done by or in relation to a relevant

enforcement officer.

(2)

Anything which—

(a)

relates to a function conferred on a labour abuse prevention officer

by virtue of section 114B of PACE, and

(b)

immediately before the relevant day, is in the process of being done

by or in relation to such an officer,

may be continued, on and after that day, by or in relation to a relevant

enforcement officer.

(3)

In this paragraph—

“labour abuse prevention officer” has the meaning given by section

114B of PACE (as that section had effect immediately before the

relevant day);

“relevant enforcement officer” , in relation to a function conferred by

virtue of section 114B of PACE, means an enforcement officer on

whom that function is conferred by virtue of that section (as it has

effect on and after the relevant day).

Warrants

(1)

This paragraph applies to an application for a warrant under section 17 of

the Gangmasters (Licensing) Act 2004 (“the 2004 Act”) which—

(a)

is made in England and Wales or Scotland before the day on which

paragraph 38 of Schedule 10 comes into force, and

(b)

is not determined or withdrawn before that day.

(2)

The application is to be treated, on and after that day, as an application

made by an enforcement officer for a warrant under section 99 of this Act.

(1)

This paragraph applies to a warrant under section 17 of the 2004 Act

which—

(a)

is issued under that section before the day on which paragraph 38

of Schedule 10 comes into force, and

(b)

is not executed before that day.

(2)

The warrant is to be treated for the purposes of section 99 of this Act as if

it had been issued under that section.

(3)

That section applies in relation to the warrant as if—

(a)

in subsection (4) (a) , after “bring” there were inserted “any persons

or”, and

Page 289

(b)

after subsection (4) there were inserted—

“(4A)

On leaving any premises which an enforcement officer is

authorised to enter by a warrant under this section, the

officer must, if the premises are unoccupied or the occupier

is temporarily absent, leave the premises as effectively

secured against trespassers as the officer found them.”

(4)

Section 128 and Schedule 8 do not apply in relation to the warrant.

LME undertakings and orders

(1)

Anything which—

(a)

was done by an enforcing authority for the purpose of, or in

connection with, any of sections 14 to 30 of the Immigration Act

2016 (“the 2016 Act”), and

(b)

is in effect immediately before the commencement day,

has effect, on and after that day, as if done by the Secretary of State under

the corresponding provision of this Act.

(2)

Anything (including legal proceedings) which—

(a)

relates to a function of an enforcing authority under any of sections

14 to 30 of the 2016 Act, and

(b)

immediately before the commencement day, is in the process of

being done by or in relation to the enforcing authority,

may be continued, on and after that day, by or in relation to the Secretary

of State under the corresponding provision of this Act.

(3)

Accordingly—

(a)

any undertaking given under section 14(3) of the 2016 Act and

having effect immediately before the commencement day is to be

treated, on and after that day, as an LME undertaking;

(b)

any order made under section 18 or 20 of the 2016 Act and having

effect immediately before the commencement day is to be treated,

on and after that day, as an LME order.

(4)

In this paragraph—

“the commencement day” means the day on which the repeal of

sections 14 to 30 of the 2016 Act comes into force;

“enforcing authority” has the meaning given by section 14(5) of the

2016 Act (as it had effect immediately before the commencement

day).

Information

(1)

This paragraph applies to information which—

(a)

was obtained in the course of—

(i)

exercising the powers conferred by section 9 of the

Employment Agencies Act 1973 (“the 1973 Act”), or

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(ii)

exercising powers by virtue of section 26(1) of the

Immigration Act 2016, and

(b)

immediately before the coming into force of paragraph 2 of Schedule

10 , is held by an officer acting for the purposes of the 1973 Act.

(2)

On the coming into force of that paragraph, information to which this

paragraph applies vests in the Secretary of State.

Any reference in section 132 to information obtained by the Secretary of

State in connection with the exercise of any enforcement function includes

a reference to—

(a)

any information which the Secretary of State obtains by virtue of

paragraph 12 ;

(b)

any information which, immediately before the coming into force

of paragraph 20 of Schedule 10 , the Secretary of State holds by

virtue of section 15(2) of the National Minimum Wage Act 1998;

(c)

any information which, immediately before the coming into force

of paragraph 21 of that Schedule, the Secretary of State holds by

virtue of section 16(2) of that Act;

(d)

any information which the Secretary of State obtains by virtue of a

property transfer scheme under paragraph 2 of this Schedule.

The repeal of section 9 of the Employment Agencies Act 1973 (inspection)

by paragraph 3 of Schedule 10 does not prevent the use in evidence against

a person, in criminal proceedings taking place on or after the day on which

that repeal comes into force, of a statement made before that day by the

person in compliance with a requirement under that section (subject to

subsection (2B) of that section).

Orders under Modern Slavery Act 2015

The reference in paragraph 30 (2)(b) of Schedule 7 to an investigation

conducted by or on behalf of the Secretary of State includes, in relation to

any order made under section 14 of the Modern Slavery Act 2015 before

the coming into force of that paragraph, a reference to an investigation

conducted by a labour abuse prevention officer (within the meaning of

section 114B of the Police and Criminal Evidence Act 1984 as that section

had effect before the coming into force of paragraph 63 of Schedule 10 ).

(1)

Where—

(a)

a slavery and trafficking prevention order requires a person to notify

the Gangmasters and Labour Abuse Authority in accordance with

section 19 of the Modern Slavery Act 2015 (“the 2015 Act”), and

(b)

immediately before the day on which paragraph 49 of Schedule 10

comes into force, that requirement has not been complied with,

that requirement has effect, on and after that day, as a requirement to notify

the Secretary of State.

(2)

On and after the coming into force of paragraph 50 of Schedule 10 , the

reference in section 20(2)(g) of the 2015 Act (as amended by that paragraph)

Page 291

to a slavery and trafficking prevention order made on an application under

section 15 of that Act by the Secretary of State includes a reference to such

an order made on an application under that section by the Gangmasters

and Labour Abuse Authority.

(3)

In this paragraph “slavery and trafficking prevention order” has the same

meaning as in the 2015 Act.

(1)

Where—

(a)

a slavery and trafficking risk order requires a person to notify the

Gangmasters and Labour Abuse Authority in accordance with

section 26 of the Modern Slavery Act 2015 (“the 2015 Act”), and

(b)

immediately before the day on which paragraph 52 of Schedule 10

comes into force, that requirement has not been complied with,

that requirement has effect, on and after that day, as a requirement to notify

the Secretary of State.

(2)

On and after the coming into force of paragraph 53 of Schedule 10 , the

reference in section 27(2)(g) of the 2015 Act (as amended by that paragraph)

to a slavery and trafficking risk order made on an application under section

23 of that Act by the Secretary of State includes a reference to such an

order made on an application under that section by the Gangmasters and

Labour Abuse Authority.

(3)

In this paragraph “slavery and trafficking risk order” has the same meaning

as in the 2015 Act.

Notices of underpayment under the National Minimum Wage Act 1998

Except so far as provided for by paragraph 6 (1) or (2) of this Schedule, the

repeal of sections 19 to 19H of the National Minimum Wage Act 1998 by

paragraph 23 of Schedule 10 does not apply in relation to any notice served

under any of those sections before the coming into force of that repeal (and

accordingly paragraph 6 (3) of this Schedule does not apply in relation to

things done, or in the process of being done, under any of those sections).

Enforcement of agricultural wages legislation

The amendments made by paragraphs 17 to 23 , 68 (2) , 81 (a) and 85 (b) of

Schedule 10 do not affect any provision of the National Minimum Wage

Act 1998 so far as it has effect for the purposes of any of the following—

(a)

the Agricultural Wages Act 1948;

(b)

the Agricultural Sector (Wales) Act 2014 (anaw 6);

(c)

the Agricultural Wages (Scotland) Act 1949;

(d)

the Agricultural Wages (Regulation) (Northern Ireland) Order 1977

(S.I. 1977/2151 (N.I. 22)).

Page 292

Appeals under the Gangmasters (Licensing) Act 2004: Northern Ireland licences

The amendment made by paragraph 45 (6) of Schedule 10 does not affect

any regulations under section 10 of the Gangmasters (Licensing) Act 2004

(appeals) made by a Northern Ireland department in reliance on paragraph

11 of Schedule 2 to that Act as that paragraph had effect immediately before

the coming into force of that amendment.

Schedule 12

Section 149

Increase in time limits for making claims

Safety Representatives and Safety Committees Regulations 1977

(1)

In regulation 11 of the Safety Representatives and Safety Committees

Regulations 1977 (S.I. 1977/500) (time off for safety representatives), in

paragraph (2), for “three”, in both places it occurs, substitute “six”.

(2)

In regulation 12 of those Regulations—

(a)

in paragraph (2), for “three” substitute “six”;

(b)

in paragraph (3), for “three” substitute “six”;

(c)

in paragraph (4), for “three” substitute “six”.

Trade Union and Labour Relations (Consolidation) Act 1992

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended

as follows.

(2)

In section 66 (unjustifiable discipline by union), in subsection (2)(a), for

“three” substitute “six”.

(3)

In section 68A (unauthorised deduction of union subscriptions), in

subsection (1)(a), for “three” substitute “six”.

(4)

In section 70C (collective bargaining: obligations relating to training), in

subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(5)

In section 87 (unlawful deduction of contributions to political fund), in

subsection (2)(a), for “three” substitute “six”.

(6)

In section 139 (refusal of employment on grounds related to union

membership), in subsection (1)(a), for “three” substitute “six”.

(7)

In section 145C (inducements), in subsection (1)(a), for “three” substitute

“six”.

(8)

In section 147 (detriment for trade union activities), in subsection (1)(a),

for “three” substitute “six”.

Page 293

(9)

In section 171 (time off for trade union activities), in subsection (1)(a), for

“three” substitute “six”.

(10)

In section 189 (consultation in collective redundancy), in subsection (5)—

(a)

in paragraph (b), for “three” substitute “six”;

(b)

in paragraph (c), for “three” substitute “six”.

(11)

In section 192 (remuneration under protective award), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(12)

In paragraph 157 of Schedule A1 (detriment in relation to trade union

recognition), in sub-paragraph (1)(a), for “3” substitute “6”.

Pension Schemes Act 1993

In section 126 of the Pension Schemes Act 1993 (unpaid pension

contributions), in subsection (2), for “three” substitute “six”.

Employment Rights Act 1996

(1)

The Employment Rights Act 1996 is amended as follows.

(2)

In section 11 (written statements), in subsection (4)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(3)

In section 23 (protection of wages)—

(a)

in subsection (2), for “three” substitute “six”;

(b)

in subsection (4), for “three” substitute “six”.

(4)

In section 27N (information relating to tips etc)—

(a)

in subsection (2), for “three” substitute “six”;

(b)

in subsection (3), for “three” substitute “six”.

(5)

In section 34 (guarantee payments), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(6)

In section 48 (detriment in employment), in subsection (3)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(7)

In section 51 (time off for public duties), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(8)

In section 54 (time off following redundancy), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(9)

In section 57 (time off for ante-natal care), in subsection (2)—

Page 294

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(10)

In section 57ZC (time off for ante-natal care: agency workers), in subsection

(3)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(11)

In section 57ZF (time off to accompany to ante-natal appointment), in

subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(12)

In section 57ZH (time off to accompany to ante-natal appointment: agency

workers), in subsection (3)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(13)

In section 57ZM (time off to attend adoption appointments), in subsection

(2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(14)

In section 57ZQ (time off to attend adoption appointments: agency workers),

in subsection (3)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(15)

In section 57B (time off for dependants), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(16)

In section 60 (time off for pension scheme trustees), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(17)

In section 63 (time off for employee representatives), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(18)

In section 63C (time off for study or training), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(19)

In section 63I (requests in relation to study or training), in subsection (5)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(20)

In section 70 (rights following suspension from work)—

(a)

in subsection (2)—

(i)

in paragraph (a), for “three” substitute “six”;

Page 295

(ii)

in paragraph (b), for “three” substitute “six”;

(b)

in subsection (5)—

(i)

in paragraph (a), for “three” substitute “six”;

(ii)

in paragraph (b), for “three” substitute “six”.

(21)

In section 70A (rights of agency worker where supply is ended on maternity

grounds)—

(a)

in subsection (2)—

(i)

in paragraph (a), for “three” substitute “six”;

(ii)

in paragraph (b), for “three” substitute “six”;

(b)

in subsection (5)—

(i)

in paragraph (a), for “three” substitute “six”;

(ii)

in paragraph (b), for “three” substitute “six”.

(22)

In section 80 (parental leave), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(23)

In section 80H (right to request flexible working), in subsection (5)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(24)

In section 80N (carer’s leave), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(25)

In section 111 (unfair dismissal), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

(26)

In section 188 (rights on insolvency of employer), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

Health and Safety (Consultation with Employees) Regulations 1996

(1)

In paragraph 3 of Schedule 2 to the Health and Safety (Consultation with

Employees) Regulations 1996 (S.I. 1996/1513) (time off for representatives

of employee safety etc), for “three”, in both places it occurs, substitute “six”.

(2)

In paragraph 3A of that Schedule—

(a)

in sub-paragraph (2), for “three” substitute “six”;

(b)

in sub-paragraph (3), for “three” substitute “six”;

(c)

in sub-paragraph (4), for “three” substitute “six”.

Working Time Regulations 1998

In regulation 30 of the Working Time Regulations 1998 (S.I. 1998/1833)

(rights as to working time), in paragraph (2)—

Page 296

(a)

in sub-paragraph (a), for the words from “three months” to “six

months)” substitute “six months”;

(b)

in sub-paragraph (b), omit “three or, as the case may be,”.

National Minimum Wage Act 1998

In section 11 of the National Minimum Wage Act 1998 (access to records)—

(a)

in subsection (3), for “three” substitute “six”;

(b)

in subsection (4), for “three” substitute “six”.

Employment Relations Act 1999

In section 11 of the Employment Relations Act 1999 (right to be

accompanied), in subsection (2)—

(a)

in paragraph (a), for “three” substitute “six”;

(b)

in paragraph (b), for “three” substitute “six”.

Transnational Information and Consultation of Employees Regulations 1999

(1)

In regulation 27 of the Transnational Information and Consultation of

Employees Regulations 1999 (S.I. 1999/3323) (time off for members of a

European Works Council etc)—

(a)

in the heading, for “tribunals” substitute “employment tribunals in

Great Britain”;

(b)

in paragraph (1), for the words from “complaint,” to “, that”

substitute “complaint to an employment tribunal in Great Britain

that”;

(c)

in paragraph (2)—

(i)

in sub-paragraph (a), for “three” substitute “six”;

(ii)

in sub-paragraph (b), for “three” substitute “six”;

(d)

omit paragraph (2B).

(2)

In the heading of regulation 27A of those Regulations (extension of time

limit to facilitate conciliation before institution of proceedings), at the end

insert “in Great Britain”.

(3)

After regulation 27A of those Regulations insert—

“Right to time off: complaints to industrial tribunals in Northern Ireland

27AA.

(1)

An employee may present a complaint to an industrial

tribunal in Northern Ireland that the employee’s employer–

(a)

has unreasonably refused to permit the employee to take time off

as required by regulation 25; or

(b)

has failed to pay the whole or any part of any amount to which

the employee is entitled under regulation 26.

(2)

A tribunal shall not consider a complaint under this regulation unless

it is presented–

Page 297

(a)

before the end of the period of three months beginning with the

day on which the time off was taken or on which it is alleged the

time off should have been permitted; or

(b)

within such further period as the tribunal considers reasonable in

a case where it is satisfied that it was not reasonably practicable

for the complaint to be presented before the end of that period of

three months.

(3)

Regulation 27B (extension of time limit to facilitate conciliation before

institution of proceedings in Northern Ireland) applies for the purposes of

paragraph (2).

(4)

Where a tribunal finds a complaint under this regulation well-founded,

the tribunal shall make a declaration to that effect.

(5)

If the complaint is that the employer has unreasonably refused to

permit the employee to take time off, the tribunal shall also order the

employer to pay to the employee an amount equal to the remuneration to

which the employee would have been entitled under regulation 26 if the

employer had not refused.

(6)

If the complaint is that the employer has failed to pay the employee

the whole or part of any amount to which the employee is entitled under

regulation 26, the tribunal shall also order the employer to pay to the

employee the amount which it finds due to the employee.”

(4)

In regulation 27B of those Regulations (extension of time limit to facilitate

conciliation before institution of proceedings in Northern Ireland)—

(a)

in paragraph (2), for “27(2)(a)” substitute “27AA(2)(a)”;

(b)

in paragraph (3), for “27(2)(a)” substitute “27AA(2)(a)”;

(c)

in paragraph (4), for “27(2)(b)” substitute “27AA(2)(b)”.

Merchant Shipping (Working Time: Inland Waterways) Regulations 2003

In regulation 18 of the Merchant Shipping (Working Time: Inland

Waterways) Regulations 2003 (S.I. 2003/3049) (merchant shipping: rights

as to working time), in paragraph (2)—

(a)

in sub-paragraph (a), for “three” substitute “six”;

(b)

in sub-paragraph (b), for “three” substitute “six”.

Civil Aviation (Working Time) Regulations 2004

In regulation 18 of the Civil Aviation (Working Time) Regulations 2004

(S.I. 2004/756) (civil aviation: rights as to working time), in paragraph (2)—

(a)

in sub-paragraph (a), for “three” substitute “six”;

(b)

in sub-paragraph (b), for “three” substitute “six”.

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Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004

In regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen)

Regulations 2004 (S.I. 2004/1713) (fishing vessels: rights to rest and leave),

in paragraph (2)—

(a)

in sub-paragraph (a), for “three” substitute “six”;

(b)

in sub-paragraph (b), for “three” substitute “six”.

Transfer of Undertakings (Protection of Employment) Regulations 2006

(1)

The Transfer of Undertakings (Protection of Employment) Regulations 2006

(S.I. 2006/246) are amended as follows.

(2)

In regulation 12 (notification of employee liability information), in paragraph

(2)—

(a)

in sub-paragraph (a), for “three” substitute “six”;

(b)

in sub-paragraph (b), for “three” substitute “six”.

(3)

In regulation 15 (information and consultation requirements), in paragraph

(12)—

(a)

in the words before sub-paragraph (a), for “three” substitute “six”;

(b)

in the words after sub-paragraph (b), for “three” substitute “six”.

Cross-border Railway Services (Working Time) Regulations 2008

In regulation 17 of the Cross-border Railway Services (Working Time)

Regulations 2008 (S.I. 2008/1660) (cross-border railway services: rights as

to working time), in paragraph (2)—

(a)

in sub-paragraph (a), for “three” substitute “six”;

(b)

in sub-paragraph (b), for “three” substitute “six”.

European Public Limited-Liability Company (Employee Involvement) (Great Britain)

Regulations 2009

In regulation 28 of the European Public Limited-Liability Company

(Employee Involvement) (Great Britain) Regulations 2009 (S.I. 2009/2401)

(time off for members of special negotiating body etc), in paragraph (2)—

(a)

in sub-paragraph (a), for “three” substitute “six”;

(b)

in sub-paragraph (b), for “three” substitute “six”.

Agency Workers Regulations 2010

In regulation 18 of the Agency Workers Regulations 2010 (S.I. 2010/93)

(rights of agency workers), in paragraph (4), for “three” substitute “six”.

Equality Act 2010

In section 123 of the Equality Act 2010 (discrimination etc at work), in

subsection (1)(a), for “3” substitute “6”.

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Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

In regulation 26 of the Merchant Shipping (Maritime Labour Convention)

(Hours of Work) Regulations 2018 (S.I. 2018/58) (rights of seafarers to

leave), in paragraph (6), for “three” substitute “six”.

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