Employment Rights Bill

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

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

Relevant Documents

Bill PDF
Bill 163 2024-25 (as amended in Public Bill Committee)
Latest Amendments
All proceedings up to 12 March 2025 at Report Stage
Explanatory Note
Bill 011 EN 2024-25
Impact Assessment
Impact assessment Economic Analysis

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14 New Clauses Proposed

Page 1

Part 1

 

Employment rights

 

Zero hours workers, etc

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

Page 2

 
(3)
Before section 27A insert—
 

Chapter 1

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

Chapter 2

5
 
Right to guaranteed hours
 
 
Guaranteed hours offers
 
27BA
Right for qualifying workers to be offered guaranteed hours
 
 
(1)
An employer must make a guaranteed hours offer to a worker in
 
 
accordance with section 27BB after the end of every period—
10
 
(a)
that is a reference period in relation to that worker and that
 
 
employer, and
 
 
(b)
in relation to which the worker is a qualifying worker of the
 
 
employer.
 
 
(2)
Section 27BD makes provision for exceptions to this duty, including
15
 
in certain cases where the worker ceases to be employed by the
 
 
employer.
 
 
(3)
A worker is a qualifying worker of an employer in relation to a
 
 
reference period if—
 
 
(a)
during the reference period the worker was employed by the
20
 
employer under one or more worker’s contracts (whether or
 
 
not continuously) and either—
 
 
(i)
the worker’s contract was, or the worker’s contracts
 
 
were, a zero hours contract or entered into in accordance
 
 
with a zero hours arrangement, or
25
 
(ii)
the worker’s contract, or the worker’s contracts (taken
 
 
together), required the employer, or were entered into
 
 
in accordance with an arrangement that required the
 
 
employer, to make work available to the worker during
 
 
the reference period for a number of hours (“the
30
 
minimum number of hours”) not exceeding a specified
 
 
number of hours,
 
 
(b)
during the reference period the worker worked under the
 
 
worker’s contract or the worker’s contracts (taken together)
 
 
for a number of hours (the “reference period hours”),
35
 
(c)
where paragraph (a) (ii) applies, the reference period hours
 
 
exceeded the minimum number of hours,
 

Page 3

 
(d)
the reference period hours satisfy such conditions (or, where
 
 
paragraph (a) (ii) applies, such further conditions) as to number,
 
 
regularity or otherwise as are specified, and
 
 
(e)
when the worker worked the reference period hours, it was
 
 
not as an excluded worker or an agency worker (but see section
5
 
27BW for power to make provision about 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.
10
 
(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
15
 
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.
20
 
(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
25
 
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”.
30
 
(8)
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.
 
 
(9)
Regulations made under subsection (3) (d) , (5) or (6) may, in particular,
35
 
include provision to take account of time when a worker does not
 
 
work for a specified reason.
 
 
(10)
In this section, “excluded worker” means a worker who is of a specified
 
 
description.
 

Page 4

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 (5) ), or
5
 
(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 make work
 
 
available to the qualifying worker for a number of hours that reflects
 
 
the reference period hours in the relevant reference period.
10
 
(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—
15
 
(a)
the offer sets out—
 
 
(i)
the days of the week, and the times on those days, when
 
 
the employer is to be required to make work available
 
 
to the qualifying worker for the offered number of
 
 
hours, or
20
 
(ii)
a working pattern of days, and times of day, by
 
 
reference to which the employer is to be required to
 
 
make work available to the qualifying worker for the
 
 
offered number of hours, and
 
 
(b)
those days and times reflect, or that pattern reflects, when the
25
 
qualifying worker worked the reference period hours in the
 
 
relevant reference period.
 
 
(4)
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
30
 
qualifying worker during a reference period;
 
 
(b)
where regulations are in force under subsection (2) , whether
 
 
an offer reflects when hours were worked by a qualifying
 
 
worker during a reference period.
 
 
(5)
A guaranteed hours offer may take the form of an offer to vary a
35
 
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, and
40
 
(b)
the qualifying worker is still working for the employer under
 
 
that worker’s contract on the day the offer is made.
 

Page 5

 
(6)
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
5
 
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) ).
10
 
(7)
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
15
 
(b)
must (in addition to what is required by or under subsections
 
 
(1) and (2) ) 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
20
 
that the qualifying worker had when working for the
 
 
employer during the relevant reference period, or
 
 
(ii)
where section 27BC applies, that comply with subsection
 
 
(2) of that section.
 
 
(8)
For the purposes of this section it is reasonable for a worker’s contract
25
 
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
30
 
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
35
 
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
40
 
expire at a time when it is reasonable for the employer to
 
 
consider that the temporary need will come to an end.
 
 
(9)
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
45

Page 6

 
(c)
must be accompanied by specified information relating to the
 
 
offer.
 
 
(10)
The Secretary of State may by regulations make provision about when
 
 
a guaranteed hours offer is to be treated as having been made.
 
 
(11)
In this section, “reference period hours”, in relation to a qualifying
5
 
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
10
 
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
15
 
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
20
 
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
25
 
terms and conditions of employment (in addition to what is required
 
 
by or under section 27BB (1) and (2) ) 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
30
 
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
35
 
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
40
 
qualifying worker a notice that—
 
 
(a)
states that the employer has done so, and
 

Page 7

 
(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 (9) ).
5
 
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—
10
 
(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
15
 
is to be treated as having been withdrawn if during the response
 
 
period there is a relevant termination of—
 
 
(a)
the worker’s contract under which the qualifying worker has
 
 
been working for the employer, or
 
 
(b)
the arrangement in accordance with the terms of which the
20
 
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,
25
 
(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
30
 
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
35
 
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—
40

Page 8

 
(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)
5
 
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
10
 
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
15
 
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
20
 
imposed by section 27BA (1) not to apply, or for a guaranteed hours
 
 
offer that has been made to be treated as having been withdrawn, in
 
 
other specified circumstances.
 
 
(7)
Where, by virtue of subsection (2) , a guaranteed hours offer made by
 
 
an employer to a qualifying worker is treated as having been
25
 
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
30
 
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,
35
 
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—
40
 
(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.
 

Page 9

 
(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.
5
 
(11)
For the purposes of subsection (4) (c) (and subsection (5) (b) , which
 
 
applies subsection (4) (c) )—
 
 
(a)
subsection (8) 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;
10
 
(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
15
 
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
20
 
that period or the relevant reference period;
 
 
(iii)
where the period in question is the response period,
 
 
during that period, the relevant reference period or the
 
 
offer period.
 
 
(12)
In this section—
25
 
“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
30
 
the qualifying worker by the employer, or
 
 
(b)
if no guaranteed hours offer is made before the day
 
 
specified under section 27BB (9) (a) as the last day on
 
 
which the employer may make such an offer to the
 
 
qualifying worker, that last day;
35
 
“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)
40
 
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—
 

Page 10

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

Page 11

 
(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
5
 
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
10
 
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).
15
 
(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—
20
 
(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
25
 
section 27BD .
 
 
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
30
 
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.
35
 
(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—
40
 
(a)
the worker is employed by the employer, and
 

Page 12

 
(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—
5
 
(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
10
 
employer.
 
 
(4)
But where, on the day referred to in subsection (3) (a) or (b) , it was
 
 
not reasonable to consider that the worker might become a qualifying
 
 
worker of the employer in relation to any reference period, subsection
 
 
(3) is to be read as if it provided for the “initial information period”
15
 
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—
20
 
(a)
the duty imposed by section 27BA (1) applies to the worker’s
 
 
employer in relation to the worker and a particular reference
 
 
period, but
 
 
(b)
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
25
 
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).
30
 
(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
35
 
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)
subsection (1) of section 27BB (read with any regulations
 
 
in force under subsection (4) (a) of that section), or
40
 
(ii)
where regulations are in force under subsection (2) of
 
 
section 27BB , subsections (1) and (3) of that section (read
 

Page 13

 
with any regulations in force under subsection (4) (a) or
 
 
(b) 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
5
 
period, but
 
 
(b)
the guaranteed hours offer that the employer has made to the
 
 
worker in relation to that reference period—
 
 
(i)
takes the form of an offer to vary the worker’s terms
 
 
and conditions of employment where that is prohibited
10
 
by section 27BB (5) ,
 
 
(ii)
does not comply with section 27BB (6) , or
 
 
(iii)
does not comply with section 27BB (7) .
 
 
(4)
A complaint under subsection (2) or (3) —
 
 
(a)
may be presented whether or not the offer in question has been
15
 
accepted by the worker, but
 
 
(b)
may not be presented in relation to an offer that is treated as
 
 
having been withdrawn by virtue of section 27BD (2) or
 
 
regulations under section 27BD (6) .
 
 
(5)
A worker may present a complaint to an employment tribunal that
20
 
the worker’s employer—
 
 
(a)
has failed to give to the worker a notice under section 27BD (7)
 
 
or (8) ;
 
 
(b)
has given to the worker a notice under section 27BD (7) or (8) (b)
 
 
in circumstances in which the employer should not have done
25
 
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.
 
 
(6)
A worker may present a complaint to an employment tribunal that
30
 
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) .
 
 
(7)
In this section “the last day of the offer period”, in relation to a
 
 
reference period, means the day specified under section 27BB (9) (a) as
35
 
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
40
 
months beginning with the day after the last day of the offer period
 
 
(as defined in section 27BG (7) ).
 

Page 14

 
(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
5
 
27BG (3) 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) (a) relating to a notice unless it is presented before the end of
10
 
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) ).
 
 
(5)
An employment tribunal must not consider a complaint under section
 
 
27BG (5) (b) or (c) relating to a notice unless it is presented before the
15
 
end of the period of six months beginning with the day after the day
 
 
on which the notice is given.
 
 
(6)
An employment tribunal must not consider a complaint under section
 
 
27BG (6) (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
20
 
information period (see section 27BF (3) and (4) ).
 
 
(7)
An employment tribunal must not consider a complaint under section
 
 
27BG (6) (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.
25
 
(8)
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.
30
 
(9)
Section 207B (extension of time limits to facilitate conciliation before
 
 
institution of proceedings) applies for the purposes of subsections (1)
 
 
to (7) .
 
27BI
Remedies
 
 
(1)
Where an employment tribunal finds a complaint under section 27BG
35
 
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
40
 
amount, not exceeding the permitted maximum, as the tribunal
 

Page 15

 
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
5
 
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 such
 
 
number of weeks’ pay as the Secretary of State may specify in
 
 
regulations.
10
 
(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;
15
 
(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
20
 
Saturday, a week ending with that other day, and
 
 
(ii)
in relation to any other worker, a week ending with
 
 
Saturday.”
 
2
Shifts: rights to reasonable notice
 
 
After section 27BI of the Employment Rights Act 1996 (inserted by section 1
25
 
) 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
30
 
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
35
 
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.
 

Page 16

 
(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,
5
 
(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)
the shift is to start or end on a day, or at a time, other than a
 
 
day or time that is provided for by the contract as mentioned
10
 
in paragraph (b) (including where part of the shift is to be
 
 
worked on a day or at a time provided for by the contract).
 
 
(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
15
 
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
20
 
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—
25
 
(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.
30
 
(6)
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
35
 
be (or would have been) a worker if the individual worked
 
 
the shift.
 
 
(7)
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
40
 
(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,
 

Page 17

 
(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.
5
 
(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;
10
 
(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
15
 
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
20
 
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
25
 
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
30
 
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 section 27BW
35
 
for power to make provision about agency workers).
 
 
(2)
Where a worker suggests working a shift, or a longer 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
40
 
(b)
the duty imposed by section 27BK (2) applies as if notice of the
 
 
shift had been given by the employer to the worker.
 

Page 18

 
(3)
In sections 27BJ and 27BK , references to a request to work a shift made
 
 
by an employer to a worker include a 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
 
(4)
Where—
 
 
(a)
an employer has made a request (“the initial request”) to work
 
 
a shift of the type referred to in subsection (3) ,
 
 
(b)
no worker to whom the initial request was made has agreed
 
 
to work the shift, and
10
 
(c)
the employer wishes to request a change consisting of—
 
 
(i)
a change to when the shift is to start or end, or
 
 
(ii)
a reduction in the number of hours to be worked during
 
 
the shift because of a break in the shift,
 
 
sections 27BJ and 27BK are to apply as if the initial request had not
15
 
been made (and accordingly the request of a change is to be treated
 
 
as a request to work a new shift).
 
 
(5)
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;
20
 
(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
25
 
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) (b) ,
 
 
nothing in section 27BK (2) is to be taken to have applied in relation
30
 
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
35
 
the worker’s employer has failed to comply with a duty imposed by
 
 
section 27BJ or 27BK .
 
 
(2)
Where, in determining whether a complaint under this section is
 
 
well-founded, the tribunal must determine whether reasonable notice
 

Page 19

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

3
Right to payment for cancelled, moved and curtailed shifts
 
 
(1)
After section 27BO of the Employment Rights Act 1996 (inserted by section
 
 
2 ) insert—
 

Chapter 4

 
 
Right to payment for cancelled, moved and curtailed shifts
5
27BP
Right to payment for a cancelled, moved or curtailed shift
 
 
(1)
An employer must make a payment of a specified amount to a worker
 
 
each time that the employer cancels, moves or curtails at short notice
 
 
a qualifying shift—
 
 
(a)
that the employer has informed the worker they are required
10
 
to work,
 
 
(b)
that the employer has requested the worker to work and the
 
 
worker has agreed to work, or
 
 
(c)
that the worker has suggested working and the employer has
 
 
agreed to the worker working,
15
 
(but see section 27BR for exceptions to this duty).
 
 
(2)
A shift is a “qualifying shift”, in relation to a worker and an employer,
 
 
if it would be (or would have been) worked, or is being worked, by
 
 
the worker for the employer under—
 
 
(a)
a zero hours contract,
20
 
(b)
a worker’s contract entered into in accordance with a zero
 
 
hours arrangement, or
 
 
(c)
a worker’s contract of a specified description that requires the
 
 
employer to make some work available to the worker but does
 
 
not provide on what days and at what times, or in accordance
25
 
with what pattern of days and times, that work is to be done
 
 
by the worker.
 
 
(3)
A shift is also a “qualifying shift”, in relation to a worker and an
 
 
employer, if it is an irregular shift that would be (or would have been)
 
 
worked, or is being worked, by the worker for the employer under a
30
 
worker’s contract of a specified description that requires the employer
 
 
to make some work available to the worker and that 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.
35
 
(4)
An “irregular shift”, for the purposes of subsection (3) , is a shift starting
 
 
or ending on a day, or at a time, other than a day or time that is
 
 
provided for by the contract as mentioned in that subsection (including
 
 
where part of the shift corresponds to what is provided for by the
 
 
contract).
40

Page 21

 
(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
5
 
(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
10
 
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
15
 
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
20
 
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;
25
 
(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—
30
 
“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
35
 
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.
40
 
(10)
In this section, “request”, in relation to an employer and a worker,
 
 
includes a request that is made by the employer to the worker and
 
 
one or more others in circumstances where the employer does not
 
 
need work to be done by all of those to whom the request is made.
 

Page 22

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
5
 
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
10
 
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
15
 
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;
20
 
(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,
25
 
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
30
 
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) 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
35
 
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
40
 
that exceeds 7 days.
 

Page 23

 
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)
5
 
worked, or is being worked, by a worker as an agency worker
 
 
(but see section 27BW for power to make provision about
 
 
agency workers);
 
 
(b)
in other specified circumstances.
 
 
(2)
Where, by virtue of regulations made under subsection (1) (b) , an
10
 
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 the employer has
 
 
relied on in not making the payment, and
15
 
(b)
explains why the employer was entitled to rely on that
 
 
provision.
 
 
(3)
But subsection (2) (b) does not require an employer to disclose—
 
 
(a)
any personal data (within the meaning of Parts 5 to 7 of the
 
 
Data Protection Act 2018 (see section 3(2) and (14) of that Act));
20
 
(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)
The Secretary of State may by regulations make provision about—
25
 
(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.
30
 
(5)
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
35
 
to the same number of hours but for regulations made under subsection
 
 
(1) (b) .
 
 
(6)
Subsection (4) of section 27BS applies for the purposes of subsection
 
 
(5) of this section as it applies for the purposes of subsections (2) and
 
 
(3) of that section.
40

Page 24

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”).
5
 
(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)
10
 
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.
 
 
(4)
For the purposes of subsections (2) and (3) , the hours to which a
 
 
payment under section 27BP (1) relates are—
15
 
(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
20
 
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
25
 
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
30
 
(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.
35
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
40
 
27BP (1) ;
 
 
(b)
has unreasonably failed to give to the worker a notice under
 
 
section 27BR (2) ;
 

Page 25

 
(c)
has given to the worker a notice in purported compliance with
 
 
section 27BR (2) 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
5
 
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
10
 
on or before which the notice should have been given (see section
 
 
27BR (4) (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
15
 
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
20
 
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) .
 
 
(7)
Where a worker presents a complaint against an employer under
25
 
subsection (1) (c) alleging that a notice given in purported compliance
 
 
with section 27BR (2) is untrue, it is for the employer to show why the
 
 
employer was entitled to rely on the provision of regulations under
 
 
section 27BR (1) (b) that was included in the notice.
 
27BU
Remedies
30
 
(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
35
 
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
40
 
such amount, not exceeding the specified amount, as the
 
 
tribunal considers just and equitable in all the circumstances.
 

Page 26

 
(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—
5
 
(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.”
 
4
Amendments relating to sections
10
 
(1)
After section 27BU of the Employment Rights Act 1996 (inserted by section
 
 
3 ) insert—
 

Chapter 5

 
 
General
 
27BV
Interpretation
15
 
(1)
In this Part—
 
 
“agency worker” has the same meaning as in the Agency Workers
 
 
Regulations 2010 (S.I. 2010/93) (see regulation 3 of the
 
 
Regulations);
 
 
“arrangement” (when used by itself and not as part of the
20
 
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;
25
 
“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
30
 
(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;
35
 
“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
40

Page 27

 
(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
5
 
require the individual to do it;
 
 
(b)
references to work and doing work include references to
 
 
services and performing them.
 
27BW
Agency workers
 
 
(1)
The Secretary of State may by regulations make provision in relation
10
 
to agency workers that corresponds or is similar to the provision made
 
 
by or under Chapter 2 , 3 or 4 .
 
 
(2)
Regulations under this section may amend or repeal provision made
 
 
by this or any other Act.
 
27BX
Regulations
15
 
(1)
Regulations under this Part may—
 
 
(a)
make different provision for different purposes;
 
 
(b)
make provision subject to exceptions.
 
 
(2)
Regulations under this Part may provide that a reference in the
 
 
regulations to a provision of legislation is to be read as a reference to
20
 
that provision as amended from time to time.”
 
 
(2)
Schedule 1 contains consequential amendments relating to sections 1 to 3 .
 
5
Repeal of Workers (Predictable Terms and Conditions) Act 2023
 
 
The Workers (Predictable Terms and Conditions) Act 2023 is repealed.
 
6
Exclusivity terms in zero hours arrangements
25
 
(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”.
30
 
(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)”;
35

Page 28

 
(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)
;
5
 
(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
10
 
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

 
7
Right to request flexible working
15
 
(1)
Part 8A of the Employment Rights Act 1996 (flexible working) is amended
 
 
as follows.
 
 
(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—
20
 
“(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
25
 
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;
30
 
(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;
35
 
(h)
planned structural changes;
 
 
(i)
any other grounds specified by the Secretary of State in
 
 
regulations.”
 

Page 29

 
(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
5
 
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.”
10
 
(6)
In section 80H (complaints to employment tribunals), in subsection (1)(a), for
 
 
“comply with” substitute “act in accordance with”.
 

Statutory sick pay

 
8
Statutory sick pay in Great Britain: removal of waiting period
 
 
(1)
Part 11 of the Social Security Contributions and Benefits Act 1992 (statutory
15
 
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);
20
 
(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”.
25
 
(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)).
 
9
Statutory sick pay in Great Britain: lower earnings limit etc
 
 
(1)
Part 11 of the Social Security Contributions and Benefits Act 1992 (statutory
30
 
sick pay) is amended as follows.
 
 
(2)
In section 157 (rates of payment)—
 
 
(a)
for subsection (1) substitute—
 
 
“(1)
The weekly rate of statutory sick pay that an employer must
 
 
pay to an employee is the lower of—
35

Page 30

 
(a)
£116.75, and
 
 
(b)
the prescribed percentage of the employee’s normal
 
 
weekly earnings.”;
 
 
(b)
in subsection (2)—
 
 
(i)
omit the “and” at the end of paragraph (a);
5
 
(ii)
after paragraph (a) insert—
 
 
“(aa)
prescribe a percentage, or percentages, for the
 
 
purposes of subsection (1)(b);”.
 
 
(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
10
 
limit).
 
10
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
15
 
“sections 149 and 150”.
 
 
(3)
In section 148 (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
20
 
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
25
 
the “or” at the end of paragraph (a)).
 
11
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)—
30
 
(a)
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)
£116.75, and
 
 
(b)
the prescribed percentage of the employee’s normal
35
 
weekly earnings.”;
 
 
(b)
in subsection (2)—
 

Page 31

 
(i)
omit the “and” at the end of paragraph (a);
 
 
(ii)
after paragraph (a) insert—
 
 
“(aa)
prescribe a percentage, or percentages, for the
 
 
purposes of subsection (1)(b);”.
 
 
(3)
In Schedule 11 (circumstances in which periods of entitlement to statutory
5
 
sick pay do not arise), in paragraph 2, omit paragraph (c) (lower earnings
 
 
limit).
 

Tips and gratuities, etc

 
12
Policy about allocating tips etc: consultation and review
 
 
(1)
Section 27I of the Employment Rights Act 1996 (written policy about allocation
10
 
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
15
 
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,
20
 
workers who are likely to be affected by the policy.”
 
 
(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.
25
 
(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
30
 
(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—
35
 
“(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
 

Page 32

 
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).”
5

Entitlements to leave

 
13
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).
 
14
Paternity leave: removal of qualifying period of employment
10
 
(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)—
15
 
(a)
in subsection (1), omit paragraph (a);
 
 
(b)
in subsection (6C), omit paragraph (a).
 
15
Ability to take paternity leave following shared parental leave
 
 
(1)
In section 80A of the Employment Rights Act 1996 (entitlement to paternity
 
 
leave: birth)—
20
 
(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).
25
 
(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
30
 
(7).
 
16
Bereavement leave
 
 
(1)
The Employment Rights Act 1996 is amended in accordance with subsections
 
 
(2) to (11) .
 

Page 33

 
(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—
5
 
“(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”;
10
 
(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
15
 
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
20
 
one person, the employee is entitled to leave in respect of each
 
 
person.”;
 
 
(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”.
25
 
(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
30
 
(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,”;
35
 
(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
40
 
“bereavement leave,”;
 

Page 34

 
(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)—
5
 
(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
10
 
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”;
15
 
(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
20
 
bereavement” substitute “bereavement”;
 
 
(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
25
 
paragraphs 25(2), 26(2) and 28(a).
 

Protection from harassment

 
17
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
30
 
“all”.
 
18
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)
35
 
who is an employee of A.
 
 
(1B)
For the purposes of subsection (1A), A permits a third party to harass
 
 
B only if—
 

Page 35

 
(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—
5
 
(a)
A, or
 
 
(b)
an employee of A.”
 
19
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—
10
“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,
15
 
sections 40 and 40A and section 109).
 
 
(2)
The steps that may be specified in regulations under this section
 
 
include, among others—
 
 
(a)
carrying out assessments of a specified description;
 
 
(b)
publishing plans or policies of a specified description;
20
 
(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—
25
 
“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—
30
 
“(aa)
regulations under section 40B (prevention of sexual harassment:
 
 
power to specify “reasonable steps”);”.
 
20
Protection of disclosures relating to sexual harassment
 
 
(1)
Part 4A of the Employment Rights Act 1996 (protected disclosures) is amended
 
 
as follows.
35

Page 36

 
(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
5
 
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

 
21
Right not to be unfairly dismissed: removal of qualifying period, etc
10
 
Schedule 2 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.
 
22
Dismissal during pregnancy
15
 
(1)
Section 49D of the Employment Rights Act 1996 (redundancy during a
 
 
protected period of pregnancy) is amended in accordance with subsections
 
 
(2) to (4) .
 
 
(2)
In the heading, after “Redundancy” insert “or dismissal”.
 
 
(3)
After subsection (1) insert—
20
 
“(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.”
 
 
(4)
In subsection (3), after “subsection (1)” insert “or (1A) ”.
 
 
(5)
Accordingly, in the heading of Part 5B of that Act, after “Redundancy” insert
25
 
“or dismissal”.
 
23
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),
30
 
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,”.
35

Page 37

 
(5)
In section 80D (paternity leave: special cases)—
 
 
(a)
in subsection (1A)(b), after “bereaved employee” insert “, or dismissal
 
 
of a bereaved employee (other than by reason of redundancy),”;
 
 
(b)
in subsection (3)(b), for the words from “where” to the end substitute
 
 
“where the relevant person dies.
5
 
“In paragraph (b) “the relevant person” means the person by reference
 
 
to whom the employee satisfied the conditions specified by virtue of
 
 
subsection (1)(c) of that section so as to entitle the employee to that
 
 
leave.”
 
 
(6)
In section 80EH (neonatal care leave: special cases), in subsection (1)(b), after
10
 
“during” insert “or after”.
 
24
Dismissal for failing to agree to variation of contract, etc
 
 
(1)
The Employment Rights Act 1996 is amended as follows.
 
 
(2)
Part 10 (unfair dismissal) is amended as set out in subsections (3) and (4).
 
 
(3)
Before section 105 insert—
15
“104I
Variation of contract of employment
 
 
(1)
An employee who is dismissed is to be regarded for the purposes of
 
 
this Part as unfairly dismissed if—
 
 
(a)
the employee was employed for the purposes of a business
 
 
carried on by the employer, and
20
 
(b)
the reason (or, if more than one, the principal reason) for the
 
 
dismissal is a reason within subsection (2) or (3).
 
 
(2)
The reason within this subsection is that—
 
 
(a)
the employer sought to vary the employee’s contract of
 
 
employment, and
25
 
(b)
the employee did not agree to the variation.
 
 
(3)
The reason within this subsection is to enable the employer to employ
 
 
another person, or to re-engage the employee, under a varied contract
 
 
of employment to carry out substantially the same duties as the
 
 
employee carried out before being dismissed.
30
 
(4)
Subsection (1) does not apply in relation to an employee if the
 
 
employer shows that—
 
 
(a)
the reason for the variation was to eliminate, prevent or
 
 
significantly reduce, or significantly mitigate the effect of, any
 
 
financial difficulties which at the time of the dismissal were
35
 
affecting, or were likely in the immediate future to affect, the
 
 
employer’s ability to carry on the business as a going concern
 
 
or otherwise to carry on the activities constituting the business,
 
 
and
 

Page 38

 
(b)
in all the circumstances the employer could not reasonably
 
 
have avoided the need to make the variation.
 
 
(5)
Where the employer shows that the conditions in paragraphs (a) and
 
 
(b) of subsection (4) are met, the matters that must be considered in
 
 
determining the question whether the dismissal is fair or unfair include
5
 
the following—
 
 
(a)
any consultation carried out by the employer with the employee
 
 
about varying the employee’s contract of employment;
 
 
(b)
if the employee is of a description in respect of which an
 
 
independent trade union is recognised by the employer, any
10
 
consultation carried out by the employer with that trade union;
 
 
(c)
if the employee is not of a description in respect of which an
 
 
independent trade union is recognised by the employer, any
 
 
consultation carried out by the employer with any other person
 
 
representing the interests of the employee that, at the time of
15
 
the dismissal, had authority to receive information and to be
 
 
consulted about the dismissal on the employee’s behalf;
 
 
(d)
anything offered to the employee by the employer in return
 
 
for agreeing to the variation;
 
 
(e)
any matters specified for the purposes of this subsection in
20
 
regulations made by the Secretary of State.
 
 
(6)
In this section—
 
 
(a)
“recognised”, in relation to a trade union, has the same meaning
 
 
as in the Trade Union and Labour Relations (Consolidation)
 
 
Act 1992 (see section 178 of that Act);
25
 
(b)
a reference to a “varied” contract of employment is to a contract
 
 
of employment the terms of which are not the same as the
 
 
terms of the contract of employment under which the employee
 
 
worked before being dismissed, and, in a case where subsection
 
 
(3) applies, any reference in this section to “the variation” is to
30
 
be read accordingly.”
 
 
(4)
In section 108 (qualifying period of employment), in subsection (3), after
 
 
paragraph (gm) insert—
 
 
“(gn)
subsection (1) of section 104I (read with subsection (4) of that
 
 
section) applies,”.
35
 
(5)
In section 236 (orders and regulations), in subsection (3) (regulations subject
 
 
to affirmative procedure), after “99,” insert “ 104I (5) (e) ,”.
 

Page 39

Part 2

 

Other matters relating to employment

 

Procedure for handling redundancies

 
25
Collective redundancy: extended application of requirements
 
 
(1)
Chapter 2 of Part 4 of the Trade Union and Labour Relations (Consolidation)
5
 
Act 1992 (procedure for handling redundancies) is amended as follows.
 
 
(2)
In section 188 (duty of employer to consult representatives)—
 
 
(a)
in subsection (1), omit “at one establishment”;
 
 
(b)
in subsection (4)(c), omit “at the establishment in question”.
 
 
(3)
In section 193 (duty of employer to notify Secretary of State of certain
10
 
redundancies)—
 
 
(a)
in subsection (1), omit “at one establishment”;
 
 
(b)
in subsection (2), omit “at one establishment”;
 
 
(c)
in subsection (4)(a), omit the words from “in relation to the
 
 
establishment” to the end.
15
 
(4)
In section 197 (power to vary provisions), in subsection (1)—
 
 
(a)
in paragraph (a), for “188(2)” substitute “188(1A)”;
 
 
(b)
in the words after paragraph (b), for “188(2)” substitute “188(1A)”.
 
 
(5)
In section 198A (employees being transferred to the employer from another
 
 
undertaking)—
20
 
(a)
in subsection (1)(b), omit “at one establishment”;
 
 
(b)
in subsection (4)(a), omit the words from “and as if” to “subsection
 
 
(1)(b)”.
 
26
Collective redundancy notifications: ships’ crew
 
 
(1)
In the Trade Union and Labour Relations (Consolidation) Act 1992, section
25
 
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”
30
 
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”.
35
 
(4)
In subsection (2)—
 

Page 40

 
(a)
after “or (2)” 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—
5
 
“(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
10
 
(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”;
15
 
(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
20
 
(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
25
 
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
30
 
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.
35
 
(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).”
40

Page 41

Public sector outsourcing: protection of workers

 
27
Public sector outsourcing: protection of workers
 
 
(1)
The Procurement Act 2023 is amended as follows.
 
 
(2)
After Part 5 insert—
 

Part 5A

5
 
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 ).
10
 
(2)
Accordingly, in this Part, “appropriate authority”—
 
 
(a)
means—
 
 
(i)
a Minister of the Crown,
 
 
(ii)
the Scottish Ministers, or
 
 
(iii)
the Welsh Ministers, and
15
 
(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
20
 
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—
25
 
(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;
30
 
(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
35
 
Welsh procurement arrangement.
 
 
(5)
In addition to the restrictions in section 111, the Welsh Ministers—
 

Page 42

 
(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
5
 
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
10
 
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—
15
 
(i)
is carried out by a devolved Scottish authority, and
 
 
(ii)
is not joint or centralised;
 
 
(e)
a transferred Northern Ireland authority, except in relation to—
 
 
(i)
procurement under a reserved procurement
 
 
arrangement,
20
 
(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
25
 
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
30
 
(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—
35
 
(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
40
 
performed by the contracting authority, or
 
 
(b)
is—
 

Page 43

 
(i)
in the case of a public contract, a framework for the
 
 
future award of a contract referred to in paragraph (a),
 
 
or
 
 
(ii)
in the case of a contract regulated by Scottish
 
 
procurement legislation, a framework agreement the
5
 
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—
10
 
(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—
15
 
(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—
20
 
(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;
25
 
(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.
30
 
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—
35
 
(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
40
 
treated no less favourably than those transferring workers.
 
 
(2)
In carrying out the procurement of a relevant outsourcing contract,
 
 
the contracting authority must—
 

Page 44

 
(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.
5
 
(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
10
 
appropriate authority.
 
83D
Code of practice on relevant outsourcing contracts
 
 
(1)
An appropriate authority must prepare and publish a code of practice
 
 
containing guidance to contracting authorities for the purpose of
 
 
ensuring that, where a contracting authority carries out the
15
 
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
20
 
(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—
25
 
(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
30
 
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.
35
 
(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
40
 
Part 11).
 

Page 45

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) ;
5
 
“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
10
 
the Employment Rights Act 1996 (see section 230 of that Act).
 
 
(2)
For the purposes of this Part, in relation to a contract regulated by
 
 
Scottish procurement legislation, “contracting authority”, “framework
 
 
agreement”, “supplier” and “the relevant Scottish procurement
 
 
legislation” have the meaning given in section 83B (5) (b) .
15
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—
20
 
“(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
25
 
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—
30
 
“(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
35
 
outsourcing contracts);
 
 
(zb)
section 83F (power to amend section 83A , 83B or 83E );”.
 

Page 46

 
(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
5
 
authority” substitute—
 
 
“appropriate authority (except in Part 5A)
 
 
section 123
 
 
appropriate authority (in Part 5A)
 
 
section 83A”.
 
 
(7)
In Schedule 9A (procurement by devolved Scottish authorities), at the
 
 
appropriate place insert—
10
 
“Part 5A (outsourcing: protection of
 
 
workers)”.
 

Duties of employers relating to equality

 
28
Equality action plans
 
 
(1)
The Equality Act 2010 is amended as follows.
15
 
(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
20
 
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—
25
 
(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.
30
 
(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.
 

Page 47

 
(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;
5
 
(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
10
 
is published;
 
 
(e)
descriptions of employers;
 
 
(f)
descriptions of employee;
 
 
(g)
descriptions of information.
 
 
(6)
The regulations may not require an employer, after the first publication
15
 
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.
20
 
(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
25
 
(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—
30
 
“(ba)
regulations under section 78A (equality action plans);”.
 
29
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
35
 
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.
 

Page 48

 
(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
5
 
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
10
 
that they have in section 41 (see section 41(5) and (7)).”
 
 
(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
15
 
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)).”
20

Part 3

 

Pay and conditions in particular sectors

 

Chapter 1

 

School support staff

 
30
Pay and conditions of school support staff in England
25
 
Schedule 3 contains provision establishing the School Support Staff Negotiating
 
 
Body.
 

Chapter 2

 

Adult social care

 

The Adult Social Care Negotiating Body

30
31
Power to establish the Adult 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 known as the Adult Social Care Negotiating
 
 
Body (“the Negotiating Body”).
 

Page 49

 
(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;
5
 
(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));
 
 
(iii)
provision about the termination of appointments;
 
 
(b)
provision for the appointment of a person to chair the Negotiating
10
 
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;
15
 
(e)
provision for the payment of fees or expenses by the Secretary of State
 
 
to members of the Negotiating Body;
 
 
(f)
provision for staff or facilities to be provided to the Negotiating Body
 
 
by the Secretary of State;
 
 
(g)
provision about reports, including (among other things) provision
20
 
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—
25
 
(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
30
 
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
35
 
the establishment of the Negotiating Body.
 
 
(6)
In this section “specified” means specified in the regulations.
 
32
Matters within the Negotiating Body’s remit
 
 
(1)
For the purposes of this Chapter, the matters within the Negotiating Body’s
 
 
remit are matters that relate to any of the following—
40
 
(a)
the remuneration of social care workers, or of social care workers of
 
 
a specified description;
 

Page 50

 
(b)
terms and conditions of employment of social care workers, or of
 
 
social care workers of a specified description;
 
 
(c)
any other specified matters relating to employment as a social care
 
 
worker, or as a social care worker of a specified description.
 
 
(2)
In subsection (1) “specified” means specified in regulations made by the
5
 
Secretary of State.
 
33
Meaning of “social care worker”
 
 
(1)
In this Chapter “social care worker” means a person who is employed wholly
 
 
or mainly in, or in connection with, the provision of adult social care in
 
 
England.
10
 
(2)
For the purposes of subsection (1), “adult social care”—
 
 
(a)
includes any form of personal care or other practical assistance
 
 
provided for individuals aged 18 or over 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
15
 
assistance, but
 
 
(b)
does not include anything provided by an establishment or agency
 
 
for which His Majesty’s Chief Inspector of Education, Children’s
 
 
Services and Skills is the registration authority under section 5 of the
 
 
Care Standards Act 2000.
20

Consideration of matters by the Negotiating Body

 
34
Consideration of matters by the Negotiating Body
 
 
(1)
The Secretary of State may by regulations make provision about the
 
 
consideration by the Negotiating Body of matters within its remit.
 
 
(2)
The provision that may be made by regulations under this section includes,
25
 
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 Secretary of State;
30
 
(b)
provision specifying, or enabling the Secretary of State to specify,
 
 
factors to which the Negotiating Body may, or must, have regard
 
 
when considering a matter;
 
 
(c)
provision specifying, or enabling the Secretary of State to specify,
 
 
conditions that must be met in relation to any agreement reached by
35
 
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
 

Page 51

 
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 Secretary of State;
 
 
(f)
provision requiring the Negotiating Body to take any specified steps
5
 
before a date notified to it by the Secretary of State.
 
 
(3)
In this section “specified” means specified in the regulations.
 
35
Reconsideration by the Negotiating Body
 
 
(1)
The Secretary of State may by regulations provide that, in a case where the
 
 
Negotiating Body submits an agreement to the Secretary of State, the Secretary
10
 
of State may refer the agreement back to the Negotiating Body for
 
 
reconsideration, or may do so in specified circumstances.
 
 
(2)
The Secretary of State may by regulations make provision about what happens
 
 
where an agreement is referred back to the Negotiating Body as mentioned
 
 
in subsection (1) .
15
 
(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 Secretary of State to specify,
 
 
factors to which the Negotiating Body may, or must, have regard
20
 
when reconsidering the agreement;
 
 
(c)
provision specifying, or enabling the Secretary of State 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;
25
 
(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,
30
 
submitting the original agreement, or a revised agreement, to the
 
 
Secretary of State;
 
 
(f)
provision requiring the Negotiating Body to take any specified steps
 
 
before a date notified to it by the Secretary of State.
 
 
(4)
In this section “specified” means specified in the regulations.
35
36
Failure to reach an agreement
 
 
(1)
The Secretary of State may by regulations make provision about cases where
 
 
the 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—
40

Page 52

 
(a)
provision for resolving disagreements about any matter;
 
 
(b)
provision conferring functions on the Secretary of State or a person
 
 
specified in the regulations;
 
 
(c)
provision requiring the Negotiating Body to act in accordance with a
 
 
decision of the Secretary of State or a person specified in the
5
 
regulations.
 

Giving effect to agreements of the Negotiating Body

 
37
Power to ratify agreements
 
 
(1)
This section applies if the Negotiating Body submits an agreement to the
 
 
Secretary of State in accordance with regulations under section 34 or 35 .
10
 
(2)
The Secretary of State may make regulations ratifying the agreement—
 
 
(a)
in full, or
 
 
(b)
to the extent specified in the regulations.
 
38
Effect of regulations ratifying agreement
 
 
(1)
This section applies if the Secretary of State makes regulations under section
15
 
37 ratifying (to any extent) an agreement submitted by the Negotiating Body.
 
 
(2)
If the agreement relates to a social care worker’s remuneration, the 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 worker’s
20
 
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 Secretary of State to deal with matters

 
39
Power of Secretary of State to deal with matters
25
 
(1)
This section applies where—
 
 
(a)
the Negotiating Body notifies the Secretary of State 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
30
 
Secretary of State.
 
 
(2)
The Secretary of State may by regulations make provision about the matter.
 
 
(3)
Regulations under subsection (2) may provide that the regulations are to have
 
 
effect for determining the terms and conditions of employment of social care
 
 
workers to whom the regulations apply.
35

Page 53

 
(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 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
5
 
a social care worker’s employment has effect as a term of the 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

10
40
Guidance and codes of practice
 
 
(1)
The Secretary of State may by regulations make provision about the issuing
 
 
of guidance or codes of practice by the Secretary of State in relation to—
 
 
(a)
agreements submitted by the Negotiating Body in accordance with
 
 
regulations under section 34 or 35 ;
15
 
(b)
regulations made under section 39 .
 
 
(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;
20
 
(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
25
 
the purpose of determining the amount of any financial award.
 
 
(4)
In this section “specified” means specified in the regulations.
 

Enforcement

 
41
Duty of employers to keep records
 
 
(1)
For the purposes of this Chapter, the Secretary of State may by regulations
30
 
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
35
 
the National Minimum Wage Act 1998 to apply, with or without modifications,
 

Page 54

 
in relation to records which an employer is required to keep and preserve
 
 
by virtue of the regulations—
 
 
(a)
section 10 (worker’s right of access to records);
 
 
(b)
section 11 (failure of employer to allow access to records);
 
 
(c)
section 11A (extension of time limit to facilitate conciliation before
5
 
institution of proceedings).
 
 
(3)
In this section “specified” means specified in the regulations.
 
42
Enforcement of matters relating to pay
 
 
(1)
Regulations made by the Secretary of State may provide for any provision of
 
 
the National Minimum Wage Act 1998 within subsection (2) to apply, with
10
 
any modifications specified in the regulations, for the purposes of enforcing—
 
 
(a)
any provision of an agreement ratified under section 37 that relates
 
 
to remuneration, or
 
 
(b)
any provision of regulations under section 39 that relates to
 
 
remuneration.
15
 
(2)
The provisions referred to in subsection (1) are—
 
 
(a)
section 17 (non-compliance: worker entitled to additional
 
 
remuneration);
 
 
(b)
sections 19 to 19H (notices of underpayment);
 
 
(c)
section 28 (evidence: reversal of burden of proof in civil proceedings);
20
 
(d)
section 48 (superior employers);
 
 
(e)
section 49 (restriction on contracting out).
 
 
(3)
Regulations under this section must provide that no amount is recoverable
 
 
both—
 
 
(a)
under or by virtue of the National Minimum Wage Act 1998 in its
25
 
application for the purposes mentioned in subsection (1), and
 
 
(b)
under or by virtue of that Act in its application otherwise than for
 
 
those purposes,
 
 
in respect of the same work.
 

Supplementary and general

30
43
Regulations under section
 
 
(1)
Regulations under section 37 or 39 may make provision that has retrospective
 
 
effect.
 
 
This is subject to subsection (2).
 
 
(2)
Regulations under section 37 or 39 may not make provision the effect of which
35
 
is to—
 
 
(a)
reduce remuneration in respect of a period wholly or partly before
 
 
the day on which the regulations are made, or
 

Page 55

 
(b)
alter a condition of a person’s employment to the person’s detriment
 
 
in respect of such a period.
 
 
(3)
Regulations under section 37 or 39 may make provision by reference to—
 
 
(a)
an agreement submitted to the Secretary of State by the Negotiating
 
 
Body, or
5
 
(b)
any other document.
 
 
(4)
If regulations under section 37 or 39 make provision by virtue of subsection
 
 
(3) , they must include provision about the publication of the agreement or
 
 
other document.
 
44
Regulations under this Chapter
10
 
(1)
Regulations under this Chapter may confer a discretion on a person when
 
 
dealing with any matter.
 
 
(2)
Regulations under section 37 are subject to the negative resolution procedure.
 
 
(3)
Regulations under any other provision of this Chapter are subject to the
 
 
affirmative resolution procedure.
15
45
Status of agreements, etc
 
 
The Secretary of State may by regulations provide that—
 
 
(a)
nothing done by the Negotiating Body, or by members of the
 
 
Negotiating Body acting in that capacity, is to be regarded as collective
 
 
bargaining for the purposes of section 178 of the Trade Union and
20
 
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 the Negotiating Body.
 
46
Interpretation of this Chapter
 
 
(1)
In this Chapter—
25
 
“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;
30
 
“employment” means employment under a worker’s contract; and
 
 
“employed” is to be read accordingly;
 
 
“the Negotiating Body” means the Adult Social Care Negotiating Body;
 
 
“official” , in relation to a trade union, has the meaning given by section
 
 
119 of the Trade Union and Labour Relations (Consolidation) Act 1992;
35
 
“social care worker” has the meaning given by section 33 ;
 
 
“trade union” has the meaning given by section 1 of the Trade Union
 
 
and Labour Relations (Consolidation) Act 1992;
 

Page 56

 
“worker” (except in the phrases “agency 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
5
 
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;
10
 
and any reference to a worker’s contract is to be read accordingly.
 
 
(2)
Subsection (3) 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,
15
 
(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
20
 
virtue of the contract, that of a client or customer of any profession
 
 
or business undertaking carried on by the individual.
 
 
(3)
Where this subsection applies, the provisions of this Chapter (other than
 
 
subsection (2) and this subsection) have effect as if there were a worker’s
 
 
contract for the doing of the work by the agency worker made between the
25
 
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.
30
 
(4)
Any reference in subsections (2) and (3) to doing work includes a reference
 
 
to performing services, and “work” is to be read accordingly.
 
 
(5)
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.
35

Chapter 3

 

Seafarers

 
47
Seafarers’ wages and working conditions
 
 
Schedule 4 amends the Seafarers’ Wages Act 2023.
 

Page 57

48
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
5
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
10
 
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.
15
 
(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
20
 
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.
25
 
(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 .
30
 
(2)
Regulations—
 
 
(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;
35
 
(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;
 

Page 58

 
(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
5
 
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
10
 
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;
15
 
(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
20
 
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;
25
 
(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
30
 
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
35
 
exceeding two years.
 
 
(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—
40
 
(a)
make different provision for different purposes;
 

Page 59

 
(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.
5
 
(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
10
 
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
15
 
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.
20
 
(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
25
 
of Parliament.”
 
 
(3)
In section 306 (regulations etc), in subsection (2A)(a), after “section” insert
 
 
“ 84A (2) ,”.
 

Part 4

 

Trade unions and industrial action, etc

30

Right to statement of trade union rights

 
49
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) .
 

Page 60

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

Page 61

 
(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
5
 
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
10
 
136A of the Trade Union and Labour Relations (Consolidation) Act
 
 
1992,”.
 

Right of trade unions to access workplaces

 
50
Right of trade unions to access workplaces
 
 
In Part 1 of the Trade Union and Labour Relations (Consolidation) Act 1992
15
 
(trade unions), before Chapter 5A insert—
 

Chapter 5ZA

 
 
Right of trade unions to access workplaces
 
 
Access agreements: general
 
70ZA
Access agreements
20
 
(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 access to a workplace by one or more officials of
 
 
the union for any of the access purposes, and
25
 
(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”, in relation to a workplace, means physical entry into the
30
 
workplace.
 
 
(5)
“Workplace” does not include any part of a workplace used as a
 
 
dwelling.
 
 
(6)
The “access purposes” are—
 
 
(a)
to meet, represent, recruit or organise workers (whether or not
35
 
they are members of a trade union);
 

Page 62

 
(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
5
 
access agreements.
 
 
(10)
Sections 70ZH to 70ZJ contain provision about the enforcement of
 
 
access agreements.
 
 
Entering into access agreements
 
70ZB
Access requests and response notices
10
 
(1)
A qualifying trade union may give an employer a request for access
 
 
to a workplace 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;
15
 
(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;
20
 
(b)
include the prescribed information;
 
 
(c)
be given in the prescribed manner.
 
 
(4)
An employer that has been given a request under subsection (1) may
 
 
give the union a notice agreeing with the request or disagreeing with
 
 
the request (in whole or in part).
25
 
(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—
30
 
“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
35
 
In sections 70ZD and 70ZE —
 

Page 63

 
(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
5
 
(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
10
 
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.
15
 
(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
20
 
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
25
 
the union and the employer agreeing in writing terms on which
 
 
officials of the union are to have access to the workplace.
 
 
(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 to the workplace.
30
 
(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),
35
 
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—
40
 
(a)
by the union, in the case referred to in subsection (1) (a) ;
 

Page 64

 
(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;
5
 
(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;
10
 
(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.
15
 
(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.
20
 
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.
25
 
(2)
The access principles are—
 
 
(a)
officials of a qualifying trade union should be able to access a
 
 
workplace 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
30
 
by officials of a qualifying trade union to a workplace;
 
 
(c)
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
35
 
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.
40

Page 65

 
(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 to a workplace;
5
 
(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 number of workers in the workplace that are members of
10
 
the union;
 
 
(b)
the description of business carried on by the employer;
 
 
(c)
the number of workers employed by the employer;
 
 
(d)
the description of workplace;
 
 
(e)
the ability of the employer to facilitate access to the workplace;
15
 
(f)
avoiding prejudice to the prevention or detection of offences;
 
 
(g)
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.
20
 
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.
25
 
(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—
30
 
(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.
35

Page 66

 
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;
5
 
(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
10
 
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;
15
 
(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
20
 
to have effect as an access agreement for the purposes of this Chapter.
 
 
(5)
An order under subsection (3) (c) may, where it appears to the Central
 
 
Arbitration Committee necessary or appropriate to do so, make
 
 
provision different from that made in the agreement.
 
 
(6)
A declaration or order made by the Central Arbitration Committee
25
 
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.
30
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
35
 
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;
 

Page 67

 
(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) .
5
 
(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.
10
 
(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
15
 
Central Arbitration Committee.
 
 
(6)
An amount payable under subsection (5) (b) may not exceed a
 
 
prescribed amount.
 
 
(7)
A declaration or order made by the Central Arbitration Committee
 
 
under this section must—
20
 
(a)
be in writing, and
 
 
(b)
state the reasons for the declaration or order.
 
 
(8)
A declaration or order made by the Central Arbitration Committee
 
 
under subsection (5) may be relied on (and enforced by the Central
 
 
Arbitration Committee or a party to the access agreement) as if it were
25
 
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.
30
70ZJ
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
35
 
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.
 

Page 68

 
(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;
5
 
(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.
10
 
(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 .
 
 
Appeals to the Employment Appeal Tribunal
15
70ZK
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.
20
 
(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—
25
 
(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
30
 
Fund any amounts received under subsection (3) (b) .
 
 
Regulations
 
70ZL
Regulations under this Chapter
 
 
Regulations prescribing anything for the purposes of this Chapter (see
 
 
section 293(1)) may make different provision for different purposes.”
35

Page 69

Trade union recognition

 
51
Conditions for trade union recognition
 
 
(1)
Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act
 
 
1992 (collective bargaining: recognition) is amended as follows.
 
 
(2)
In paragraph 14 (acceptance of applications)—
5
 
(a)
in sub-paragraph (4), for “10 per cent test” substitute “required
 
 
percentage test”;
 
 
(b)
in sub-paragraph (5)—
 
 
(i)
for “10 per cent test” substitute “required percentage test”;
 
 
(ii)
for “at least 10 per cent” substitute “at least the required
10
 
percentage (see paragraph 171B )”;
 
 
(c)
in sub-paragraph (7)—
 
 
(i)
in paragraph (a), for “10 per cent test” substitute “required
 
 
percentage test”;
 
 
(ii)
in paragraph (b), for “10 per cent test” substitute “required
15
 
percentage test”;
 
 
(d)
in sub-paragraph (8), for “10 per cent test” substitute “required
 
 
percentage test”.
 
 
(3)
In paragraph 29 (result of ballot)—
 
 
(a)
for sub-paragraph (3) substitute—
20
 
“(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.”;
25
 
(b)
omit sub-paragraphs (5) to (7).
 
 
(4)
In paragraph 36 (admissibility of applications), 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
30
 
at least the required percentage (see paragraph 171B ) of the workers
 
 
constituting the relevant bargaining unit.”
 
 
(5)
For paragraph 45 (validity of applications) substitute—
 
 
“45
The application in question is invalid unless the CAC decides that
 
 
members of the union (or unions) constitute at least the required
35
 
percentage (see paragraph 171B ) of the workers constituting the
 
 
relevant bargaining unit.”
 
 
(6)
In paragraph 51 (competing applications), in sub-paragraph (2)(c), for “10 per
 
 
cent test” substitute “required percentage test”.
 
 
(7)
In paragraph 86 (new bargaining unit: assessment of support)—
40

Page 70

 
(a)
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.”;
 
 
(b)
in sub-paragraph (3), for “one or both of the questions in the negative”
5
 
substitute “that members of the union (or unions) do not constitute
 
 
at least the required percentage of the workers constituting the new
 
 
unit”.
 
 
(8)
In paragraph 87 (new bargaining unit: majority of workers union members),
 
 
for sub-paragraph (1) substitute—
10
 
“(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).”
 
 
(9)
In paragraph 88 (new bargaining unit: majority of workers not union
 
 
members), for sub-paragraph (1) substitute—
15
 
“(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
20
 
constituting the new unit are members of the union (or
 
 
unions).”
 
 
(10)
After paragraph 171A insert—
 
 
““The required percentage”
 
 
171B
(1)
In this Schedule, “the required percentage” means 10%.
25
 
(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) —
30
 
(a)
are to be made by statutory instrument;
 
 
(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
35
 
(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.”
 

Page 71

Trade union finances

 
52
Requirement to contribute to political fund
 
 
(1)
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
 
 
in accordance with subsections (2) to (7) .
 
 
(2)
In section 82 (rules as to political fund), in subsection (1)(ca)(i), for “opt to
5
 
be” substitute “opt out of being”.
 
 
(3)
For section 84 (contributions to political fund from members of a union)
 
 
substitute—
 
“84
Contributors to political fund
 
 
(1)
For the purposes of this Act, a member of a trade union is a
10
 
“contributor” to the political fund of the union unless an opt-out notice
 
 
given by the member to the union has effect (see subsection (6) ).
 
 
(2)
An “opt-out notice” is a notice that the member opts out of being a
 
 
contributor.
 
 
(3)
If a political resolution is passed by the members of a trade union
15
 
under section 73, the union must give notice to each member of the
 
 
union that—
 
 
(a)
a member 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.
20
 
(4)
Notice under subsection (3) must be given in accordance with rules
 
 
of the union approved for the purpose by the Certification Officer.
 
 
(5)
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.
25
 
(6)
An opt-out notice has effect on and after the relevant day unless the
 
 
member withdraws the notice.
 
 
(7)
In subsection (6) , “the relevant day” means—
 
 
(a)
in a case where—
 
 
(i)
a political resolution is passed on a ballot held at a time
30
 
when no such resolution is in force, and
 
 
(ii)
the opt-out notice is given before the end of the period
 
 
of one month beginning with the day on which notice
 
 
is given to members under subsection (3) ,
 
 
the day on which the opt-out notice is given;
35
 
(b)
in any other case, 1 January in the year following the year in
 
 
which the opt-out notice is given.
 
 
(8)
A member of a trade union withdraws an opt-out notice by giving
 
 
the union notice of the withdrawal (a “withdrawal notice”).
 

Page 72

 
(9)
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
5
 
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.”
10
 
(4)
Omit section 84A (information to members about contributing to political
 
 
fund).
 
 
(5)
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 “—
15
 
“(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,”.
 
 
(6)
In section 94 (overseas members of trade union)—
 
 
(a)
in subsection (1), at the end of paragraph (a) insert “, and
20
 
“(b)
rules made by the union for the purpose of complying
 
 
with section 84 (notice of right to opt out of contributing
 
 
to political fund to be given where resolution passed)
 
 
may provide for notice not to be given by the union to
 
 
its overseas members.”;
25
 
(b)
in subsection (2), after “rules” insert “; and where provision is made
 
 
in accordance with subsection (1)(b), section 84 (3) (duty to give notice)
 
 
is not to be taken to require notice to be given to overseas members.”
 
 
(7)
In section 299 (index of defined expressions), in the entry for “contributor”,
 
 
for “84(5)” substitute “84 (1) ”.
30
 
(8)
In consequence of the amendments made by subsections (2) to (7) , 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);
35
 
(ii)
omit paragraph 9.
 
53
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;
40

Page 73

 
(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

5
54
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—
10
 
“(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
15
 
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—
20
 
(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
25
 
proposed to take was not a reasonable amount of time off.”
 
 
(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
30
 
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.”;
35
 
(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
 

Page 74

 
(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.”
5
 
(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),
10
 
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)”.
 
55
Facilities for equality representatives
 
 
(1)
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
15
 
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
20
 
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—
25
 
(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
30
 
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
35
 
workplace;
 
 
(f)
preparing for any of the things mentioned in paragraphs (a)
 
 
to (e) .
 
 
(3)
Subsection (1) applies only if—
 

Page 75

 
(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
5
 
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
10
 
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.
15
 
(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
20
 
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—
25
 
(a)
undergoing training which is relevant to the employee’s
 
 
functions as an equality representative, and
 
 
(b)
where the trade union has in the last six months given the
 
 
employer notice under subsection (4) (b) in relation to the
 
 
employee, undergoing such training as is mentioned in
30
 
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
35
 
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
40
 
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.
 

Page 76

 
(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.
5
 
(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
10
 
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
15
 
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;
20
 
(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,
25
 
sex or sexual orientation, each of which is to be read in
 
 
accordance with the Equality Act 2010;
 
 
(d)
a reference to qualifying members of the trade union is a
 
 
reference to members of the trade union—
 
 
(i)
who are employees of the employer of a description in
30
 
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)—
35
 
(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”;
40
 
(b)
in subsection (2B), after “learning representative” insert “or an equality
 
 
representative”;
 
 
(c)
in subsection (2C)—
 

Page 77

 
(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
5
 
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)—
10
 
(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
15
 
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,”.
20
 
(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,”;
25
 
(c)
in subsection (3), after “168A” insert “or 168B”.
 
 
(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);
30
 
(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),
35
 
(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
40
 
(1)(b), after “learning representatives” insert “or equality representatives”.
 

Page 78

 
(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,”.
 
56
Facility time: publication requirements and reserve powers
5
 
(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.
10

Blacklists

 
57
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”.
15
 
(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
20
 
recruitment or in relation to the treatment of workers;
 
 
(b)
the sale or supply of such lists with a view to being used for
 
 
those purposes.”
 
 
(4)
In subsection (3)—
 
 
(a)
before paragraph (a) insert—
25
 
“(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

 
58
Industrial action ballots: turnout and support thresholds
30
 
(1)
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
 
 
in accordance with subsections (2) to (4) .
 
 
(2)
In section 226 (requirement of ballot before action by trade union)—
 
 
(a)
in subsection (2)(a)—
 

Page 79

 
(i)
insert “and” at the end of sub-paragraph (ii);
 
 
(ii)
omit sub-paragraph (iia) (and the “and” after it);
 
 
(iii)
in sub-paragraph (iii), for “the required number of persons (see
 
 
subsections (2A) to (2C))” substitute “the majority voting in
 
 
the ballot”;
5
 
(b)
omit subsections (2A) to (2F).
 
 
(3)
Omit section 297A (meaning of “voting”).
 
 
(4)
In section 299 (index of defined expressions), omit the entry for “voting”.
 
 
(5)
In consequence of the amendments made by subsections (2) to (4) , in the
 
 
Trade Union Act 2016—
10
 
(a)
omit sections 2 and 3;
 
 
(b)
in Schedule 4, omit paragraphs 12 and 17.
 
59
Industrial action ballots: provision of information to members
 
 
(1)
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
 
 
in accordance with subsections (2) and (3) .
15
 
(2)
In section 229 (information to be included on voting paper), omit subsections
 
 
(2B) to (2D).
 
 
(3)
In section 231 (information as to result of ballot), for the words from “are
 
 
told” to the end substitute “are informed of the number of—
 
 
“(a)
votes cast in the ballot;
20
 
(b)
individuals answering “Yes” to the question, or, as the case
 
 
may be, to each question;
 
 
(c)
individuals answering “No” to the question, or, as the case
 
 
may be, to each question;
 
 
(d)
spoiled voting papers.”
25
 
(4)
In consequence of the amendments made by subsections (2) and (3) , omit
 
 
sections 5 and 6 of the Trade Union Act 2016.
 
60
Electronic balloting
 
 
(1)
In the Trade Union Act 2016, omit section 4 (provision for electronic balloting
 
 
for industrial action: review and piloting scheme).
30
 
(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
 
 
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).
35

Page 80

Industrial action: provision of information to employer

 
61
Industrial action: provision of information to employer
 
 
(1)
In section 234A of the Trade Union and Labour Relations (Consolidation) Act
 
 
1992 (notice to employers of industrial action), in subsection (4), for paragraph
 
 
(b) and the words after paragraph (b) substitute—
5
 
“(b)
ending with the seventh 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) , omit section 8 of
 
 
the Trade Union Act 2016.
 

Industrial action: picketing

10
62
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
15
 
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

20
63
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) .
 
 
(2)
In Part 5 (industrial action), after section 236 insert—
 
 
“Protection against detriment
25
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
30
 
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
 

Page 81

 
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
5
 
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
10
 
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.
15
 
(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
20
 
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);
25
 
“working day” means any day which is not a Saturday or Sunday,
 
 
Christmas Day, Good Friday or a bank holiday under the
 
 
Banking and Financial Dealings Act 1971.
 
236B
Time limit for proceedings
 
 
(1)
An employment tribunal may not consider a complaint under section
30
 
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
35
 
(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) —
40

Page 82

 
(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
5
 
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
10
 
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
15
 
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
20
 
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.
25
 
(2)
The amount of the compensation awarded is to be an amount which
 
 
the tribunal considers just and equitable in all the circumstances having
 
 
regard to the infringement complained of and to any loss sustained
 
 
by the complainant which is attributable to the act or failure.
 
 
(3)
The loss is to be taken to include—
30
 
(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
35
 
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
 

Page 83

 
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
5
 
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”.
 
64
Protection against dismissal for taking industrial action
10
 
(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
15
 
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).
20
 
(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);
25
 
(d)
in Schedule 1 (minor and consequential amendments), omit paragraph
 
 
13.
 

Strikes: minimum service levels

 
65
Repeal of provision about minimum service levels
 
 
(1)
In the Trade Union and Labour Relations (Consolidation) Act 1992, omit
30
 
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—
35
 
“(a)
sections 222 to 225 (action excluded from protection),
 

Page 84

 
(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
5
 
(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:
10
 
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
15
 
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
20
 
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)—
25
 
(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)”,
30
 
“relevant service (in Part 5)” and “work notice” (in Part 5)”.
 
 
(3)
The Strikes (Minimum Service Levels) Act 2023 is repealed.
 

Certification Officer

 
66
Annual returns: removal of provision about industrial action
 
 
(1)
In the Trade Union and Labour Relations (Consolidation) Act 1992, omit
35
 
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.
 

Page 85

67
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).
5
 
(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”.
10
 
(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
15
 
12 of the Trade Union Act 2016.
 
68
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).
20
 
(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),
25
 
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 67 of this Act, omit subsections (3) and (4).
 
69
Removal of investigatory powers
30
 
(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).
 

Page 86

 
(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
 
(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);
10
 
(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).
 
70
Powers to be exercised only on application
15
 
(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”
20
 
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
25
 
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”;
30
 
(ii)
omit paragraph (b) and the “or” before it;
 
 
(c)
in subsection (2)—
 
 
(i)
in paragraph (b), omit “(if any)”;
 
 
(ii)
in paragraph (c), omit “(if any)”.
 
 
(5)
In section 72A (application of funds in breach of section 71: remedies)—
35
 
(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)”;
 

Page 87

 
(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
5
 
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”;
10
 
(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;
15
 
(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)—
20
 
(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)”.
25
 
(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”;
30
 
(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).
 
71
Removal of power to impose financial penalties
35
 
(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).
 

Page 88

 
(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.
 
72
Removal of power to impose levy
5
 
(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).
10
 
(4)
In consequence of the amendments made by subsections (2) and (3) , omit
 
 
section 20 of the Trade Union Act 2016.
 
73
Appeals to the Employment Appeal Tribunal
 
 
(1)
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
 
 
as follows.
15
 
(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”.
20
 
(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
25
 
proceedings etc under Chapter 7A of Part 1), after “question” insert “of law”.
 

General

 
74
Employment outside Great Britain
 
 
In section 285 of the Trade Union and Labour Relations (Consolidation) Act
 
 
1992 (employment outside Great Britain)—
30
 
(a)
in subsection (1), before “works” insert “ordinarily”;
 
 
(b)
in subsection (1A), before “works” insert “ordinarily”.
 

Page 89

75
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)
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—
10
 
(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
15
 
Arbitration Committee);
 
 
(d)
section 70ZI (enforcement of access agreements: maximum
 
 
penalty);
 
 
(e)
section 236A (detriment for taking industrial action).
 
 
(6)
Any other statutory instrument containing regulations under this
20
 
section is subject to annulment in pursuance of a resolution of either
 
 
House of Parliament.”
 
76
Devolved Welsh authorities
 
 
In consequence of provision made by this Part—
 
 
(a)
in the Trade Union and Labour Relations (Consolidation) Act 1992—
25
 
(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)
30
 
Act 1992).
 

Part 5

 

Enforcement of labour market legislation

 

General

 
77
Enforcement of labour market legislation by Secretary of State
35
 
(1)
The Secretary of State has the function of enforcing the labour market
 
 
legislation listed in Part 1 of Schedule 5 (but see also section 79 ).
 

Page 90

 
(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
5
 
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
10
 
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.
15
 
(7)
Nothing in this section authorises the Secretary of State to bring proceedings
 
 
in Scotland for an offence.
 
78
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—
20
 
(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.
25
 
(2)
But the following functions are not enforcement functions of the Secretary of
 
 
State for the purposes of this Part—
 
 
(a)
the power to appoint enforcement officers under section 77 ;
 
 
(b)
any function under section 79 (delegation of functions);
 
 
(c)
any function under section 80 (Advisory Board);
30
 
(d)
any function under section 81 or 82 (strategies and reports);
 
 
(e)
any function under Part 1 of Schedule 9 (transfer schemes);
 
 
(f)
any power to give directions or make subordinate legislation.
 
79
Delegation of functions
 
 
(1)
The Secretary of State may make arrangements with a public authority—
35
 
(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.
 

Page 91

 
(2)
The following functions are “delegable functions”—
 
 
(a)
any enforcement function of the Secretary of State;
 
 
(b)
any function of the Secretary of State under section 7 or 11 of the
 
 
Gangmasters (Licensing) Act 2004 (powers relating to licensing of
 
 
gangmasters).
5
 
(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
10
 
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
15
 
are functions of a public nature.
 

Advisory Board

 
80
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
20
 
the Secretary of State may specify relating to the Secretary of State’s function
 
 
under section 77 (1).
 
 
(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
25
 
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;
30
 
(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—
35
 
(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 77 (1).
 

Page 92

 
(6)
The Secretary of State may pay such remuneration or allowances to members
 
 
of the Board as the Secretary of State may determine.
 

Strategies and reports

 
81
Labour market enforcement strategy
 
 
(1)
The Secretary of State must, before the beginning of each relevant three-year
5
 
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
10
 
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
15
 
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—
 
 
(a)
may, at any time during the strategy period, revise the labour market
20
 
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 a copy of any strategy
25
 
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;
30
 
(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.
 
82
Annual reports
 
 
(1)
As soon as reasonably practicable after the end of each financial year, the
35
 
Secretary of State must prepare and publish an annual report for that year.
 
 
(2)
The annual report must include the following—
 

Page 93

 
(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
5
 
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 a copy of every annual
 
 
report published under this section.
10
 
(5)
In this section—
 
 
“the applicable strategy” , in relation to a financial year, means any labour
 
 
market enforcement strategy published under section 81 that has effect
 
 
for that year;
 
 
“financial year” means—
15
 
(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.
 

Powers to obtain documents or information

 
83
Power to obtain documents or information
20
 
(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;
25
 
(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—
30
 
(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
35
 
(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;
 

Page 94

 
(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
5
 
legislation.
 
84
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).
10
 
This is subject to section 85 (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
15
 
which the officer has reasonable grounds to believe are on the premises
 
 
and within the person’s possession or control;
 
 
(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.
20
 
(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
25
 
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;
30
 
(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;
35
 
“equipment” includes software.
 
85
Power to enter dwelling subject to warrant
 
 
(1)
An enforcement officer may not by virtue of section 84 enter any dwelling
 
 
unless a justice has issued a warrant authorising the officer to enter the
 
 
dwelling.
40

Page 95

 
(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
5
 
(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—
10
 
(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
15
 
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.
 
 
(4)
In this section—
20
 
“enforcement purpose” has the same meaning as in section 84 ;
 
 
“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.
25
 
(5)
For further provision about warrants under this section, see section 102 and
 
 
Schedule 6 .
 
86
Supplementary powers in relation to documents
 
 
(1)
A power conferred by section 83 or 84 to require the production or provision
 
 
of any document includes, in the case of a document stored in an electronic
30
 
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
35
 
section 83 .
 
 
(3)
The Secretary of State or an enforcement officer may take copies of any
 
 
document—
 
 
(a)
provided in response to a requirement under section 83 , or
 
 
(b)
inspected, examined or produced under section 84 .
40

Page 96

87
Retention of documents
 
 
(1)
This section applies to any document which—
 
 
(a)
is provided in response to a requirement under section 83 , or
 
 
(b)
is seized under section 84 .
 
 
(2)
The document may be retained so long as is necessary in all the circumstances
5
 
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
10
 
subsection (2) if a photograph or a copy would be sufficient for that purpose.
 

Other powers to investigate non-compliance

 
88
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
15
 
investigation of labour market offences, see section 114B of that Act.
 
89
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),
20
 
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.
25
 
(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
30
 
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,
35
 
the justice may issue a warrant authorising the enforcement officer to enter
 
 
the premises, if necessary using reasonable force.
 

Page 97

 
(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—
5
 
(a)
when entering the premises, bring any equipment which the officer
 
 
considers necessary,
 
 
(b)
exercise any power conferred by section 84 (2) or (4) ,
 
 
(c)
carry out on the premises any other inspections and examinations
 
 
which the officer considers necessary for the purpose of determining
10
 
whether there has been a relevant contravention, and
 
 
(d)
seize any item which is on the premises.
 
 
(5)
Where by virtue of subsection (4)(c) an enforcement officer seizes any item,
 
 
the officer must leave on the premises from which the item was removed a
 
 
statement giving details of what was seized and stating that the officer has
15
 
seized it.
 
 
(6)
Any item seized by an enforcement officer by virtue of subsection (4)(c) 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—
20
 
“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
25
 
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
30
 
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
35
 
Act.
 
 
(9)
For further provision about warrants under this section, see section 102 and
 
 
Schedule 6 .
 

Page 98

Labour market enforcement undertakings

 
90
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 121 ).
 
 
(2)
The Secretary of State may give a notice to the person—
5
 
(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.
10
 
(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 91 ).
 
91
Measures in LME undertakings
15
 
(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—
20
 
(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,
25
 
(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.
30
 
(4)
Regulations under subsection (3) are subject to the affirmative resolution
 
 
procedure.
 
 
(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,
35
 
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—
 

Page 99

 
(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.
5
 
(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.
 
92
Duration of LME undertakings
 
 
(1)
An LME undertaking has effect from—
10
 
(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
15
 
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
20
 
section 91 (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;
25
 
(b)
any other persons likely to be interested in the matter.
 
93
Means of giving notice under section
 
 
(1)
A notice may be given under section 90 to a person by—
 
 
(a)
delivering it to the person,
 
 
(b)
leaving it at the person’s proper address,
30
 
(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.
 
 
(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
35
 
given to any member of the governing body of the association.
 

Page 100

 
(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—
5
 
(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)
10
 
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 90 may be given
 
 
to the person by being sent to an electronic address and in an electronic
15
 
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.
20
 
(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;
25
 
“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

 
94
Power to make LME order on application
30
 
(1)
The appropriate court may, on an application by the Secretary of State under
 
 
section 95 , 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
35
 
(b)
considers that it is just and reasonable to make the order.
 
 
(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.
40
 
(See also section 97 .)
 

Page 101

 
(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)).
5
 
(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
10
 
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.
 
95
Applications for LME orders
 
 
(1)
The Secretary of State may apply for an LME order to be made under section
15
 
94 in relation to a person (the “proposed respondent”) if—
 
 
(a)
the Secretary of State has given the proposed respondent a notice
 
 
under section 90 , and
 
 
(b)
the proposed respondent—
 
 
(i)
refuses to give an LME undertaking, or
20
 
(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
25
 
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
30
 
the notice mentioned in paragraph (a) of that subsection was given,
 
 
or
 
 
(b)
a longer period agreed between the Secretary of State and the proposed
 
 
respondent.
 
96
Power to make LME order on conviction
35
 
(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—
40

Page 102

 
(a)
in addition to a sentence imposed in respect of the offence concerned,
 
 
or
 
 
(b)
in addition to an order discharging the person conditionally or, in
 
 
Scotland, discharging the person absolutely.
 
97
Measures in LME orders
5
 
(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
10
 
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
15
 
(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
20
 
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
25
 
the labour market offence concerned has been or is being committed.
 
98
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
30
 
of 18.
 
 
(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
35
 
and which was made by—
 
 
(i)
that court, or
 

Page 103

 
(ii)
any other court in the same part of the United Kingdom as
 
 
that court.
 
99
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.
5
 
(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—
10
 
(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”—
15
 
(a)
in the case of an LME order made in England and Wales (whether
 
 
made under section 94 or 96 ), 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
20
 
of summary jurisdiction.
 
100
LME orders: appeals
 
 
(1)
A respondent may appeal against—
 
 
(a)
the making of an LME order under section 94 ;
 
 
(b)
the making of, or refusal to make, an order under section 99 .
25
 
(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;
30
 
(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—
 
 
(a)
may make such orders as may be necessary to give effect to its
 
 
determination of the appeal, and
35
 
(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 99 .
 

Page 104

 
(5)
A respondent may appeal against the making of an LME order under section
 
 
96 as if the order were a sentence passed on the respondent for the labour
 
 
market offence.
 

Safeguards etc

 
101
Evidence of authority
5
 
(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.
 
 
(2)
The person must, if required to do so, produce identification showing that
 
 
the person is authorised to exercise that function.
10
102
Warrants
 
 
(1)
A warrant under section 85 or 89 may be executed by any enforcement officer.
 
 
(2)
A warrant under section 85 or 89 may authorise persons to accompany any
 
 
enforcement officer who is executing it.
 
 
(3)
A person authorised under subsection (2) to accompany an enforcement officer
15
 
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 6 contains further provision about—
20
 
(a)
applications for warrants under section 85 or 89 , and
 
 
(b)
warrants issued under section 85 or 89 .
 
 
(6)
The entry of premises under a warrant issued under section 85 or 89 is
 
 
unlawful unless it complies with the provisions of Part 3 of that Schedule
 
 
(execution of warrants).
25
103
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—
 
 
(a)
in proceedings in the High Court on the grounds of legal professional
30
 
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
35
 
client, or
 

Page 105

 
(b)
communications made in connection with or in contemplation of legal
 
 
proceedings or for the purposes of those proceedings.
 
104
Privilege against self-incrimination
 
 
(1)
This section applies where a person provides information in response to a
 
 
requirement under section 83 .
5
 
(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.
10
 
(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.
15
 
(4)
Subsection (2) does not apply if the proceedings are for—
 
 
(a)
an offence under section 111 (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);
20
 
(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).
25
105
Information relating to the intelligence services, etc
 
 
(1)
A power conferred by section 83 or 84 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
30
 
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.
 
 
(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
35
 
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.
 

Page 106

 
(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
5
 
(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
10
 
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
15
 
the United Kingdom) is imprisonment for three years or more,
 
 
or
 
 
(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;
20
 
(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

 
106
Disclosure of information
25
 
(1)
In this section—
 
 
“enforcing authority” means the Secretary of State or an enforcement
 
 
officer;
 
 
“enforcement function” means—
 
 
(a)
an enforcement function of the Secretary of State, or
30
 
(b)
a power of an enforcement officer.
 
 
(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.
 
 
(3)
Information obtained by an enforcing authority in connection with the exercise
 
 
of an enforcement function—
35
 
(a)
may be used by an enforcing authority in connection with the exercise
 
 
of any other enforcement function;
 
 
(b)
may be used by the Secretary of State in connection with a function
 
 
of the Secretary of State under this Part.
 

Page 107

 
(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 if the disclosure is made for a purpose connected with an enforcement
 
 
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 7
5
 
information obtained in connection with the exercise of an enforcement
 
 
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 7 .
 
 
(7)
Regulations under subsection (6) are subject to the affirmative resolution
10
 
procedure.
 
 
(8)
Sections 107 to 109 contain further provision about disclosure of information
 
 
under this section.
 
107
Disclosure of information: supplementary provision
 
 
(1)
A disclosure of information which is authorised by section 106 does not
15
 
breach—
 
 
(a)
an obligation of confidence owed by the person making the disclosure,
 
 
or
 
 
(b)
any other restriction on the disclosure of information (however
 
 
imposed).
20
 
(2)
But nothing in section 106 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
25
 
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 106 does not limit the circumstances in which information may be
 
 
disclosed apart from that section.
30
108
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
35
 
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.
 

Page 108

 
(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
5
 
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 106 ;
 
 
“HMRC information” means information disclosed to an enforcing
10
 
authority under section 106 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;
15
 
“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.
 
109
Restriction on disclosure of intelligence service information
 
 
(1)
Section 106 (2) does not authorise a person to disclose information to an
20
 
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
25
 
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
30
 
authorisation from the appropriate service chief.
 
 
(4)
In this section—
 
 
“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
35
 
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
40
 
from, or relating to, GCHQ or a person acting on its behalf;
 
 
“enforcing authority” has the same meaning as in section 106 ;
 

Page 109

 
“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
5
 
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;
10
 
“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

 
110
Offence of failing to comply with LME order
15
 
(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,
20
 
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
25
 
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.
 
111
Offence of providing false information or documents
30
 
(1)
A person commits an offence if—
 
 
(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
35
 
(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;
40

Page 110

 
(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
5
 
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.
10
112
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 111 (offence of providing false information or documents).
 
 
(2)
The Secretary of State may issue a certificate in relation to a person for the
15
 
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.
20
 
(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
25
 
(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
30
 
is an offence for which the maximum sentence (in any part of
 
 
the United Kingdom) is imprisonment for three years or more,
 
 
or
 
 
(ii)
the conduct involves the use of violence, results in substantial
 
 
financial gain or is conduct by a large number of persons in
35
 
pursuit of a common purpose.
 
113
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
40

Page 111

 
(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
5
 
(b)
a power of an enforcement officer.
 
 
(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;
10
 
(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
15
 
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.
20
 
(5)
Nothing in this section requires a person to answer any question or give any
 
 
information if to do so might incriminate that person.
 

Supplementary

 
114
Offences by bodies corporate
 
 
(1)
If an offence under this Part committed by a body corporate is proved—
25
 
(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.
30
 
(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
35
 
the member’s functions of management as if the member were a director of
 
 
the body corporate.
 

Page 112

115
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
5
 
(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
10
 
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
15
 
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;
20
 
(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.
25
 
(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,
 
 
or
 
 
(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
30
 
be proceeded against and punished accordingly.
 
 
(6)
In subsections (1) and (5) “partner” includes a person purporting to act as a
 
 
partner.
 
 
(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
35
 
territory under which it was formed.
 
116
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.
 

Page 113

 
(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
5
 
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
10
 
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;
15
 
(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.
20
 
(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,
25
 
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.
30
117
Application of this Part to the Crown and Parliament
 
 
(1)
Subject to the provisions of section 105 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
35
 
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.
40

Page 114

 
(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
5
 
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
10
 
in accordance with section 1 of the Crown Private Estates Act 1862.
 
118
Abolition of existing enforcement authorities
 
 
(1)
The following are abolished—
 
 
(a)
the Gangmasters and Labour Abuse Authority;
 
 
(b)
the Director of Labour Market Enforcement.
15
 
(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).
20
119
Consequential and transitional provision
 
 
(1)
Schedule 8 contains consequential amendments relating to this Part.
 
 
(2)
Part 1 of Schedule 9 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
25
 
the Secretary of State.
 
 
(3)
Part 2 of that Schedule contains other transitional and saving provision for
 
 
the purposes of this Part.
 

Interpretation of this Part

 
120
Meaning of “non-compliance with relevant labour market legislation”
30
 
(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
35
 
Gangmasters (Licensing) Act 2004;
 

Page 115

 
(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.
5
121
Interpretation: general
 
 
(1)
In this Part—
 
 
“the Advisory Board” means the Advisory Board established under
 
 
section 80 ;
 
 
“ancillary offence” , in relation to an offence under any provision of
10
 
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;
15
 
(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
20
 
(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
25
 
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,
30
 
(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,
 
 
(c)
an enactment contained in, or in an instrument made under,
 
 
an Act of the Scottish Parliament, and
35
 
(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 78 ;
 
 
“enforcement officer” has the meaning given by section 77 (3) ;
40
 
“GCHQ” has the same meaning as in the Intelligence Services Act 1994;
 
 
“intelligence service” means—
 
 
(a)
the Security Service;
 

Page 116

 
(b)
the Secret Intelligence Service;
 
 
(c)
GCHQ;
 
 
“labour market offence” means—
 
 
(a)
an offence under any provision of relevant labour market
 
 
legislation, or
5
 
(b)
an ancillary offence relating to such an offence;
 
 
“LME order” has the meaning given by section 94 (2);
 
 
“LME undertaking” has the meaning given by section 90 (3);
 
 
“non-compliance with relevant labour market legislation” has the meaning
 
 
given by section 120 ;
10
 
“premises” has the meaning given by subsection (2);
 
 
“relevant labour market legislation” means the labour market legislation
 
 
listed in Part 1 of Schedule 5 ;
 
 
“respondent” , in relation to an LME order, has the meaning given by
 
 
section 94 (2);
15
 
“subject” , in relation to an LME undertaking, has the meaning given by
 
 
section 90 (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
20
 
Relations (Consolidation) Act 1992 (see section 1 of that Act);
 
 
“worker” (except in section 89 ) 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—
25
 
(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)—
30
 
“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.
 

Page 117

Part 6

 

Miscellaneous and general

 

Tribunals

 
122
Increase in time limits for making claims
 
 
Schedule 10 makes amendments for the purpose of increasing time limits for
5
 
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

 
123
Orders and regulations under Employment Rights Act 1996: procedure
 
 
In section 236 of the Employment Rights Act 1996 (orders and regulations),
10
 
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
15
 
all of the orders and regulations contained in it were orders or
 
 
regulations to which subsection (3) applies.”
 

Final provisions

 
124
Power to make consequential amendments
 
 
(1)
The Secretary of State may by regulations make provision that is consequential
20
 
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.
25
 
(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;
30
 
(d)
Northern Ireland legislation.
 
 
(4)
Regulations under this section that amend or repeal any primary legislation
 
 
are subject to the affirmative resolution procedure.
 

Page 118

 
(5)
Any other regulations under this section are subject to the negative resolution
 
 
procedure.
 
125
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
5
 
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
10
 
that appear to be appropriate in consequence of other provisions of
 
 
this Act not yet having come into force.
 
126
Regulations
 
 
(1)
Any power of the Secretary of State to make regulations under this Act is
 
 
exercisable by statutory instrument.
15
 
(2)
Regulations under this Act may—
 
 
(a)
make different provision for different purposes or different areas;
 
 
(b)
contain supplementary, incidental, consequential, transitional or saving
 
 
provision.
 
 
(3)
Subsection (2) does not apply to regulations under section 129 (see instead
20
 
subsection (4) of that section).
 
 
(4)
Where regulations under this Act are subject to the “negative resolution
 
 
procedure” the statutory instrument containing the regulations is subject to
 
 
annulment in pursuance of a resolution of either House of Parliament.
 
 
(5)
Where regulations under this Act are subject to the “affirmative resolution
25
 
procedure” 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.
 
 
(6)
Any provision that may be included in an instrument under this Act subject
 
 
to the negative resolution procedure may be made by regulations subject to
30
 
the affirmative resolution procedure.
 
127
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
35
 
(b)
any increase attributable to this Act in the sums payable under any
 
 
other Act out of money so provided.
 

Page 119

128
Extent
 
 
(1)
Except as set out below—
 
 
(a)
Parts 1, 2 and 4 of this Act extend to England and Wales and Scotland;
 
 
(b)
Chapters 1 and 2 of Part 3 of this Act extend to England and Wales
 
 
only;
5
 
(c)
Chapter 3 of Part 3 of this Act extends to England and Wales, Scotland
 
 
and Northern Ireland;
 
 
(d)
Part 5 and this Part extend to England and Wales, Scotland and
 
 
Northern Ireland.
 
 
(2)
Sections 10 and 11 (statutory sick pay in Northern Ireland) extend to Northern
10
 
Ireland only.
 
 
(3)
Section 27 (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
15
 
amended, repealed or revoked.
 
 
(5)
In Schedule 10 (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
20
 
and Wales and Scotland only.
 
129
Commencement
 
 
(1)
The following provisions of this Act come into force on the day on which
 
 
this Act is passed—
 
 
(a)
section 65 (repeal of provision about minimum service levels);
25
 
(b)
sections 124 to 128 , this section and section 130 .
 
 
(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 52 (requirement to contribute to political fund);
 
 
(b)
section 53 (deduction of trade union subscriptions from wages in
30
 
public sector);
 
 
(c)
section 56 (facility time: publication requirements and reserve powers);
 
 
(d)
section 57 (blacklists: additional powers);
 
 
(e)
section 58 (industrial action ballots: turnout and support thresholds);
 
 
(f)
section 59 (industrial action ballots: provision of information to
35
 
members);
 
 
(g)
section 60 (electronic balloting);
 
 
(h)
section 61 (industrial action: provision of information to employer);
 
 
(i)
section 62 (union supervision of picketing);
 

Page 120

 
(j)
section 67 (union annual returns: removal of provision about political
 
 
expenditure);
 
 
(k)
section 69 (Certification Officer: removal of investigatory powers);
 
 
(l)
section 70 (Certification Officer: powers to be exercised only on
 
 
application);
5
 
(m)
section 71 (Certification Officer: removal of power to impose financial
 
 
penalties);
 
 
(n)
section 73 (Certification Officer: appeals to the Employment Appeal
 
 
Tribunal);
 
 
(o)
section 74 (employment outside Great Britain);
10
 
(p)
section 76 (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.
15
130
Short title
 
 
This Act may be cited as the Employment Rights Act 2025.
 

Page 121

Schedules

 
 
Schedule 1
Section 4
 

Consequential amendments relating to

 

Employment Tribunals Act 1996

 
 
1
In the Employment Tribunals Act 1996 , in section 18 (conciliation: relevant
5
 
proceedings), in subsection (1) (b) , after “23,” insert “ 27BG , 27BN , 27BT ,”.
 

Employment Rights Act 1996

 
 
2
The Employment Rights Act 1996 is amended as follows.
 
 
3
In section 27 (meaning of “wages” for purposes of Part 2 of the Act), in
 
 
subsection (1)—
10
 
(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)
renumber the paragraph (ce) inserted by the Employment (Allocation
15
 
of Tips) Act 2023 as paragraph (cg).
 
 
4
In section 27A (exclusivity terms unenforceable in zero hours contracts),
 
 
omit subsections (1) and (2) .
 
 
5
In section 27B (power to make further provision in relation to zero hours
 
 
workers)—
20
 
(a)
omit subsection (4);
 
 
(b)
in subsection (6)(a) and (b) (inserted by section 6 ), for “prescribed”
 
 
substitute “specified”;
 
 
(c)
omit subsections (7) and (8).
 
 
6
After section 47G insert—
25
“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
30
 
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
35
 
to vary the worker’s terms and conditions of employment
 
 
or to enter into a new worker’s contract made in compliance
 

Page 122

 
(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,
5
 
(d)
brought proceedings against the employer under—
 
 
(i)
section 27BG ,
 
 
(ii)
section 27BN , or
 
 
(iii)
section 27BT , or
 
 
(e)
alleged the existence of any circumstance which would
10
 
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) ).
15
 
(3)
It is immaterial for the purposes of subsection (1) (d) or (e) whether
 
 
or not the employer has 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) (as the case may be) but, for subsection (1) (d) or (e) to
20
 
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 reasonably
 
 
clear to the employer.
 
 
(5)
A worker has the right not to be subjected to any detriment by any
25
 
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,
 
 
or
30
 
(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.
35
 
(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 (6) , in connection with a complaint of detriment
 
 
in contravention of this section relating to a duty imposed
40
 
by section 27BJ or 27BK ;
 

Page 123

 
(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)).”
5
 
7
(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 .”
10
 
(3)
In subsection (2), for “or (1B)” substitute “, (1B) or (1BA) ”.
 
 
8
(1)
Section 49 (remedies) is amended as follows.
 
 
(2)
In subsection (1), for “or (1B)” substitute “, (1B) or (1BA) ”.
 
 
(3)
In subsection (2), for “and (6)” substitute “, (6), (7) and (7A)”.
 
 
(4)
After subsection (7) insert—
15
 
“(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,
20
 
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.”
 
 
9
After section 104B insert—
25
“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
30
 
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
35
 
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) .
 

Page 124

 
(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—
5
 
(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
 
 
(b)
the reason (or, if more than one, the principal reason) for
10
 
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.
 
 
(4)
In this section, “reference period” has the same meaning as in
 
 
Chapter 2 of Part 2A (see section 27BA (4) ).”
15
 
10
In section 105 (redundancy), 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 (3) of section
20
 
104BA , or
 
 
(b)
the reason specified in subsection (1) (b) of that section (read
 
 
with subsection (2) of that section).”
 
 
11
In section 108 (qualifying period of employment), in subsection (3), after
 
 
paragraph (gh) insert—
25
 
“(gha)
subsection (1) (a) or (3) of section 104BA applies, or subsection
 
 
(1) (b) of that section (read with subsection (2) of that section)
 
 
applies,”.
 
 
12
(1)
Section 205 (remedy for infringement of certain rights) is amended as
 
 
follows.
30
 
(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 ,
35
 
the reference in subsection (1) to an employee has effect as a
 
 
reference to a worker, read (where relevant) in accordance with
 
 
section 27BJ (6) or 27BP (8) (as the case may be).”
 

Page 125

 
13
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 the latest day of the reference period to which
 
 
the complaint under section 27BG relates on which the worker was
5
 
employed by the employer under a worker’s contract.”
 
 
14
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) ,”.
 
 
15
In section 235 (definitions for purposes of the Act)—
10
 
(a)
in subsection (2A) (definition of “limited-term contract”), after
 
 
“contract of employment” insert “or other worker’s contract”;
 
 
(b)
in subsection (2B) (definition of “limiting event”), in the words
 
 
before paragraph (a) , after “contract of employment” insert “or other
 
 
worker’s contract”.
15
 
16
In section 236 (orders and regulations), in subsection (3) (regulations subject
 
 
to affirmative procedure), after “27B,” insert “ 27BA (3) (a) (ii) or (d) , (6) or
 
 
(10) , 27BB (2) , (4) or (8) (c) , 27BD (6) , 27BJ (1) (b) , (2) (a) or (4) , 27BK (3) , 27BP (1) ,
 
 
(2) (c) , (3) , (6) or (9) , 27BR (1) (b) , 27BU (2) , 27BW ,”.
 
 
Schedule 2
Section 21
20

Right not to be unfairly dismissed: removal of qualifying period, etc

 

Right not to be unfairly dismissed: removal of qualifying period of employment

 
 
1
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

25
 
2
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
30
 
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);
35

Page 126

 
(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
5
 
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
10
 
that section);
 
 
(i)
subsection (1) of section 104B (read with subsection (2) of
 
 
that section);
 
 
(j)
subsection (1)(a) or (3) of section 104BA, or subsection (1)(b)
 
 
of that section (read with subsection (2) of that section);
15
 
(k)
section 104C;
 
 
(l)
subsection (1) of section 104D (read with subsection (2) of
 
 
that section);
 
 
(m)
section 104E;
 
 
(n)
subsection (1) of section 104F (read with subsection (2) of
20
 
that section);
 
 
(o)
section 104G;
 
 
(p)
subsection (1) of section 104I (read with subsection (4) of
 
 
that section);
 
 
(q)
section 105;
25
 
(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
30
 
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
35
 
(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);
40
 
(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);
 

Page 127

 
(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).
5
 
(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
10
 
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

 
 
3
(1)
The Employment Rights Act 1996 is amended as follows.
 
 
(2)
In Part 10, after section 98 insert—
15
“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—
20
 
(a)
the effective date of termination falls on or before the last
 
 
day of the initial period of employment (see subsection (4)),
 
 
or
 
 
(b)
the employer gives notice to the employee to terminate the
 
 
contract of employment before the end of the initial period
25
 
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
30
 
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.
35
 
(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—
40

Page 128

 
(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;
5
 
(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,”.
10
 
4
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
15
 
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.
20
 
(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

 
 
5
(1)
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
 
 
as follows.
25
 
(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
30
 
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
35
 
connection with industrial action), in subsection (1), for the words from
 
 
“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)—
 

Page 129

 
(a)
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
5
 
regarded as unfair for the purposes of Part 10 of that Act.”;
 
 
(b)
omit paragraph 164.
 
 
6
(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
10
 
“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
15
 
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
20
 
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)—
25
 
(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)—
30
 
(a)
omit “, 108(5)”;
 
 
(b)
before “and 134” insert “, 108A(4)”.
 
 
(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
35
 
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),”.
40

Page 130

 
(9)
In section 213 (intervals in employment), in subsection (1), omit “108(1)
 
 
or”.
 
 
(10)
In Schedule 1 (consequential amendments), omit paragraph 56(8).
 
 
7
In section 7 of the Public Interest Disclosure Act 1998, omit subsection (1).
 
 
8
In section 25 of the National Minimum Wage Act 1998, omit subsection
5
 
(3).
 
 
9
(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)”.
10
 
(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)—
15
 
(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
20
 
description”.
 
 
10
In the Employment Relations Act 2004, omit the following provisions—
 
 
(a)
section 35;
 
 
(b)
section 40(6);
 
 
(c)
section 41(5);
25
 
(d)
in Schedule 1, paragraph 32.
 
 
11
In section 39 of the Education and Skills Act 2008, omit subsection (4).
 
 
12
In section 57 of the Pensions Act 2008, omit subsection (5).
 
 
13
In Schedule 1 to the Apprenticeships, Skills, Children and Learning Act
 
 
2009, omit paragraph 4.
30
 
14
In the Enterprise and Regulatory Reform Act 2013, omit section 13.
 
 
15
In section 31 of the Growth and Infrastructure Act 2013, omit subsection
 
 
(5).
 
 
16
In the Defence Reform Act 2014, omit section 48.
 
 
17
In Schedule 5 to the Enterprise Act 2016, omit paragraph 10.
35
 
18
In Schedule 7 to the Coronavirus Act 2020, omit paragraph 16.
 
 
19
In Part 1 of this Act—
 
 
(a)
in Schedule 1 , omit paragraph 11 ;
 
 
(b)
in section 24 , omit subsection (4).
 

Page 131

 
Schedule 3
Section 30
 

Pay and conditions of school support staff in England

 

The School Support Staff Negotiating Body

 
 
1
In the Education Act 2002, after Part 8 insert—
 

Part 8A

5

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”).
10
 
(2)
The SSSNB has the functions conferred on it by this Part.
 
 
(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—
15
 
(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
20
 
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;
25
 
(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”
30
 
(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).
 

Page 132

 
(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
5
 
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
10
 
(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
15
 
(b)
a person of a prescribed description.
 
 
(5)
In this section “school teacher” means—
 
 
(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
20
 
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.
25
 
(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
30
 
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—
35
 
(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—
 

Page 133

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

Page 134

 
(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.
5
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—
10
 
(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.
15
 
(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

20
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 ),
25
 
or
 
 
(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 ).
30
 
(3)
Regulations under subsection (2)(a) may ratify the agreement—
 
 
(a)
in full, or
 
 
(b)
to the extent prescribed in the regulations.
 

Page 135

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

Page 136

 
(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 ).
5
 
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)
10
 
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.
15
 
(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).
20

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
25
 
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
30
 
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 ).
35
 
(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—
 

Page 137

 
(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
5
 
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)
10
 
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 148Q in relation to the matter
15
 
without waiting for the SSSNB to submit a report about it.
 

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.
20
 
(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
25
 
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,
30
 
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
35
 
(1)
This section applies if the Secretary of State makes regulations under
 
 
section 148J (2)(d) or 148K (2)(b) or (4)(b).
 

Page 138

 
(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
5
 
the regulations apply.
 
 
(3)
If the regulations make provision within subsection (2)(b),
 
 
subsections (4) to (6) 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
10
 
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
15
 
extent that it makes provision that is prohibited by, or is otherwise
 
 
inconsistent with, the regulations.
 
 
(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
20
 
by, or is otherwise inconsistent with, the regulations.
 
148P
Regulations: supplementary
 
 
(1)
Regulations under this Part may make provision that has
 
 
retrospective effect.
 
 
This is subject to subsection (2).
25
 
(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
30
 
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.
35
 
(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 (6) to regulations under section
 
 
148J (2)(d) or 148K (2)(b) or (4)(b), or to a provision of such
40

Page 139

 
regulations, includes a reference to a provision of a document
 
 
referred to by such regulations.
 

Guidance

 
148Q
Guidance
 
 
(1)
The SSSNB may, with the approval of the Secretary of State, issue
5
 
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.
10
 
(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;
15
 
(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)
20
 
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.
25
 
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—
30
 
(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

35
148R
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
 

Page 140

 
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.
5
148S
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));
10
 
“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;
15
 
(b)
a community or foundation special school;
 
 
(c)
a maintained nursery school;
 
 
(d)
a pupil referral unit;
 
 
“school support staff” has the meaning given by section 148C ;
 
 
“the SSSNB” means the School Support Staff Negotiating Body.
20
 
(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
25
 
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.”
 
 
2
In the Education Act 2002, after Schedule 12 insert—
30
 
“Schedule 12A
Section 148A(3)
 

The School Support Staff Negotiating Body

 

Constitution

 
 
1
(1)
The SSSNB is to be constituted in accordance with arrangements
 
 
made by the Secretary of State.
35
 
(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.
 

Page 141

 
(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
 
(5)
Before making any regulations prescribing an organisation under
 
 
sub-paragraph (2)(a), the Secretary of State must consult the
 
 
Trades Union Congress.
 

Membership

 
 
2
(1)
The SSSNB’s constitutional arrangements must provide for the
10
 
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
15
 
to include other persons who do not represent the interests of—
 
 
(a)
school support staff organisations, or
 
 
(b)
school support staff employer organisations.
 
 
3
(1)
The SSSNB’s constitutional arrangements must provide for the
 
 
members of the SSSNB to include a person appointed to chair
20
 
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,
25
 
(b)
a school support staff employer organisation,
 
 
(c)
the Secretary of State, or
 
 
(d)
any other person or organisation represented on the
 
 
SSSNB.
 

Proceedings

30
 
4
(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
35
 
provision about the proceedings of the SSSNB (including provision
 
 
allowing the SSSNB to determine its own proceedings).
 

Page 142

Administrative support

 
 
5
The SSSNB’s constitutional arrangements may make provision
 
 
about the provision of administrative support by the Secretary
 
 
of State to the SSSNB.
 

Annual reports

5
 
6
(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—
10
 
(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
15
 
arrangements.
 

Fees and expenses

 
 
7
The SSSNB’s constitutional arrangements may make provision
 
 
about—
 
 
(a)
the payment of fees by the Secretary of State to the person
20
 
appointed to chair the SSSNB;
 
 
(b)
the payment by the Secretary of State of expenses incurred
 
 
by the SSSNB.
 

Interpretation

 
 
8
In this Schedule—
25
 
“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,
30
 
represents the interests of employers of school support
 
 
staff.”
 

Consequential amendments

 
 
3
In the House of Commons Disqualification Act 1975, in Part 3 of Schedule
 
 
1 (other disqualifying offices), at the appropriate place insert—
35
 
“Person appointed to chair the School Support Staff Negotiating
 
 
Body.”
 

Page 143

 
4
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
5
 
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
10
 
employment of persons to whom they apply.”;
 
 
(b)
omit paragraph 11.
 

Pre-commencement consultation

 
 
5
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
15
 
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.
 
 
Schedule 4
Section 47
 

Seafarers’ wages and working conditions

20

Amendment of Seafarers’ Wages Act 2023

 
 
1
The Seafarers’ Wages Act 2023 (“the Act”) is amended in accordance with
 
 
paragraphs 2 to 23 .
 

Part 1 of the Act: relevant services

 
 
2
For the italic heading before section 1 substitute—
25

Part 1

 

Relevant services

 
 
3
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,
30
 
“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”—
35

Page 144

 
(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.”
5

Chapter 1 of Part 2 of the Act: non-qualifying seafarers

 
 
4
After section 1 insert—
 

Part 2

 

Remuneration of seafarers

 

Chapter 1

10

Non-qualifying seafarers

 
 
5
In section 2 (non-qualifying seafarers), in paragraph (a), for “service to
 
 
which this Act applies” substitute “relevant service”.
 

Chapter 2 of Part 2 of the Act: national minimum wage equivalence declarations

 
 
6
For the italic heading before section 3 substitute—
15

Chapter 2

 

National minimum wage equivalence declarations

 
 
7
In section 3 (request for declaration)—
 
 
(a)
in the heading, after “for” insert “equivalence”;
 
 
(b)
in subsection (1)—
20
 
(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—
25
 
“(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).
 
 
8
In section 4 (nature of declaration)—
30
 
(a)
in the heading, after “of” insert “equivalence”;
 
 
(b)
after subsection (5) insert—
 
 
“(5A)
For the meaning of “UK work”, see section 19.
 

Page 145

 
(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

 
 
9
After section 4 insert—
5

Chapter 3

 

Remuneration regulations and declarations

 

Remuneration regulations

 
4A
Remuneration regulations
 
 
(1)
Regulations may specify requirements relating to the remuneration
10
 
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”.
15
 
(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—
20
 
(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.
25
 
(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

 
4B
Request for remuneration declaration
30
 
(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
35

Page 146

 
(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”).
5
 
(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
10
 
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
15
 
level 5 on the standard scale.
 
4C
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) .
 
 
(2)
A declaration is within this subsection if it is provided before the
20
 
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
25
 
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
30
 
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
35
 
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—
40
 
(i)
there have been no non-qualifying seafarers working
 
 
on ships providing the service, or
 

Page 147

 
(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
5
 
(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
10
 
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—
15
 
(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
20
 
remuneration regulations that apply in relation to them.
 

Chapter 4

 

Chapters 2 and 3: supplementary regulations

 
4D
Regulations about national minimum wage equivalent etc
 
 
(1)
For the purposes of this Part, the national minimum wage equivalent
25
 
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
30
 
(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;
35
 
(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.
40

Page 148

 
(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
5
 
minimum wage.”
 

Part 3 of the Act: seafarers’ working conditions

 
 
10
After section 4D (inserted by paragraph 9 of this Schedule) insert—
 

Part 3

 

Seafarers’ working conditions

10

Safe working regulations

 
4E
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
15
 
and rest requirements of seafarers who carry out work relating to
 
 
the provision of a relevant service, including conditions about—
 
 
(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
20
 
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
25
 
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.
30
 
(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
35
 
(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”.
 

Page 149

 
(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.
5
 
(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

 
4F
Request for safe working declaration
10
 
(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
15
 
(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,
 
 
during a relevant year (see section 19 for the meaning of “relevant
 
 
year”).
20
 
(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
25
 
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
30
 
level 5 on the standard scale.
 
4G
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
35
 
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.
 

Page 150

 
(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
5
 
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
10
 
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
15
 
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
20
 
regulations under section 4E (3) (see section 4E (4) ), and
 
 
(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
25
 
Kingdom.”
 

Part 4 of the Act: enforcement of Parts 2 and 3

 
 
11
After section 4G (inserted by paragraph 10 of this Schedule) insert—
 

Part 4

 

Enforcement of Parts 2 and 3

30

Offence of operating service inconsistently with declaration

 
 
12
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”;
35
 
(ii)
in paragraph (a), for “an equivalence declaration” substitute
 
 
“a declaration”;
 
 
(b)
in subsections (2), (3) and (4), omit “equivalence”.
 

Page 151

 
13
(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”.
5
 
(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
10
 
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),
15
 
(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”;
20
 
(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) ”.
 
 
14
In section 7 (imposition of surcharges: in-year declaration that is prospective
25
 
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”;
30
 
(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),
35
 
(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).”
40

Page 152

 
15
(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”.
5
 
(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”.
10
 
(5)
In subsection (6), after “equivalence declaration” insert “, remuneration
 
 
declaration or safe working declaration (as the case may be)”.
 
 
16
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”.
15
 
17
(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”.
20
 
(3)
In subsection (2)—
 
 
(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—
25
 
(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) ).”
30
 
(4)
In subsection (5), for “service to which this Act applies” substitute “relevant
 
 
service”.
 
 
18
In section 13 (provision of information by harbour authorities), in subsection
 
 
(2)(b), omit “equivalence”.
 
 
19
In section 14 (inspections), in subsection (2)—
35
 
(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”.
 

Page 153

Part 5 of the Act: general and final provisions

 
 
20
After section 15 insert—
 

Part 5

 

General and final provisions

 
 
21
After section 16 insert—
5
“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;
10
 
(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
15
 
not requested the operator to provide).”
 
 
22
In section 17 (regulations)—
 
 
(a)
in the heading, at the end insert “: general”;
 
 
(b)
in subsection (2)(a), for sub-paragraph (i) (but not the “or” after it)
 
 
substitute—
20
 
“(i)
relevant service,”.
 
 
23
(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,
25
 
(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”.
30
 
(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
35
 
regulations, and
 
 
(b)
each successive period of 12 months;”.
 

Page 154

 
(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) ;”.
5
 
(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

 
 
24
(1)
The Seafarers’ Wages Act 2023 may be cited as the Seafarers (Wages and
10
 
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”.
 
 
Schedule 5
Section 77 (1)
 

Legislation subject to enforcement under Part 5

15

Part 1

 

Relevant labour market legislation

 

Employment Agencies Act 1973

 
 
1
The Employment Agencies Act 1973 (employment agencies and employment
 
 
businesses).
20
 
2
Regulations under section 5 of that Act (conduct of employment agencies
 
 
and businesses).
 

Social Security Contributions and Benefits Act 1992

 
 
3
Section 151(1) of the Social Security Contributions and Benefits Act 1992
 
 
(employer’s liability to pay statutory sick pay).
25
 
4
Regulations under section 153(5)(b) of that Act (requirement to provide
 
 
statement about entitlement).
 

Social Security Administration Act 1992

 
 
5
Regulations under section 5 of the Social Security Administration Act 1992
 
 
(regulations about claims for and payments of benefit), so far as relating
30
 
to statutory sick pay.
 
 
6
Section 14(3) of that Act (duty of employers to provide certain information
 
 
to employees in relation to statutory sick pay).
 

Page 155

 
7
Regulations under section 130 of that Act (duties of employers), so far as
 
 
relating to statutory sick pay.
 

Employment Tribunals Act 1996

 
 
8
Part 2A of the Employment Tribunals Act 1996 (financial penalties for
 
 
failure to pay sums ordered to be paid or settlement sums).
5

National Minimum Wage Act 1998

 
 
9
Section 1 of the National Minimum Wage Act 1998 (entitlement to the
 
 
national minimum wage).
 
 
10
Regulations under section 9 of that Act (duty of employers to keep records).
 
 
11
Section 10 of that Act (worker’s right of access to records).
10
 
12
Regulations under section 12 of that Act (employer to provide worker with
 
 
national minimum wage statement).
 
 
13
Sections 17 to 19H of that Act (underpayments).
 
 
14
Section 23 of that Act (right not to suffer detriment).
 
 
15
Section 31 of that Act (offences).
15

Working Time Regulations 1998

 
 
16
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);
20
 
(c)
regulation 16A (rolled-up holiday pay for irregular hours workers
 
 
and part-year workers).
 

Gangmasters (Licensing) Act 2004

 
 
17
Section 6 of the Gangmasters (Licensing) Act 2004 (prohibition of unlicensed
 
 
activities).
25
 
18
Rules under section 8 of that Act (power to make rules in connection with
 
 
licensing of persons acting as gangmasters).
 
 
19
Section 9 of that Act (modification, revocation or transfer of licence).
 
 
20
Sections 12 and 13 of that Act (offences).
 
 
21
The references in paragraphs 17 and 20 to the Gangmasters (Licensing) Act
30
 
2004 are to that Act only so far as it applies in relation to England and
 
 
Wales and Scotland.
 

Modern Slavery Act 2015

 
 
22
Section 1 of the Modern Slavery Act 2015 (offence of slavery, servitude and
 
 
forced or compulsory labour).
35

Page 156

 
23
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
5
 
(2) of section 3 of that Act applies.
 
 
24
(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
10
 
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
15
 
(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—
20
 
(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
 
 
23 ;
 
 
(c)
an ancillary offence relating to an offence within paragraph (a) or
 
 
(b).
25

Employment Rights Act 2025

 
 
25
Sections 90 to 100 and 110 of this Act (LME undertakings and orders).
 
 
26
Sections 111 and 113 (offences relating to Part 5).
 

Part 2

 

Power to amend Part 1

30
 
27
(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.
 
 
(2)
Regulations under this paragraph may add an enactment only if it relates
35
 
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;
 

Page 157

 
(d)
trade unions, employers’ associations, industrial action or labour
 
 
relations.
 
 
(3)
Regulations under this paragraph may amend any of the following
 
 
provisions in consequence of an amendment of Part 1 of this Schedule—
 
 
(a)
section 78 (enforcement functions of Secretary of State);
5
 
(b)
section 79 (delegation of functions);
 
 
(c)
section 120 (meaning of “non-compliance with relevant labour market
 
 
legislation”).
 
 
(4)
Regulations under this paragraph are subject to the affirmative resolution
 
 
procedure.
10
 
Schedule 6
Section 102 (5)
 

Warrants under Part 5: further provision

 

Part 1

 

Application of this Schedule

 
 
1
This Schedule applies in relation to—
15
 
(a)
applications for warrants under section 85 or 89 , and
 
 
(b)
warrants issued under section 85 or 89 .
 

Part 2

 

Warrants: applications and safeguards

 

Applications for warrants

20
 
2
(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
25
 
(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
30
 
application asks the officer.
 

Safeguards in connection with power of entry conferred by warrant

 
 
3
A warrant authorises an entry on one occasion only.
 

Page 158

 
4
(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.
5
 
(2)
A warrant must identify, so far as is practicable, the purpose for which
 
 
entry is desired.
 
 
5
(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.
10
 
(3)
In the case of a warrant issued otherwise than in electronic form, the copies
 
 
must be clearly certified as copies.
 

Part 3

 

Execution of warrants

 

Warrant to be executed within three months

15
 
6
Execution of a warrant must be within three months from the date of its
 
 
issue.
 

Time of entry

 
 
7
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
20
 
of entering the premises may be frustrated if the officer seeks to enter at
 
 
a reasonable time.
 

Evidence of authority etc

 
 
8
(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
25
 
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;
30
 
(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—
35
 
(a)
the occupier of premises to be entered under a warrant is not present
 
 
when an enforcement officer seeks to execute it, but
 

Page 159

 
(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
5
 
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

 
 
9
An enforcement officer who enters premises under a warrant must take
10
 
reasonable steps to ensure that when the officer leaves the premises they
 
 
are as secure as they were before the officer entered.
 

Return and retention of warrants

 
 
10
(1)
A warrant which—
 
 
(a)
has been executed, or
15
 
(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
20
 
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
25
 
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.
30
 
(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 7
Section 106 (5)
 

Persons to whom information may be disclosed under section

 

Authorities with functions in connection with the labour market or the workplace etc

35
 
The Commissioners for His Majesty’s Revenue and Customs.
 

Page 160

 
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).
5
 
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
10
 
those Regulations).
 
 
The Advisory, Conciliation and Arbitration Service.
 
 
The Low Pay Commission.
 
 
The Pensions Regulator.
 
 
The Pensions Ombudsman.
15

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.
20
 
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.
25

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.
30
 
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.
35

Page 161

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.
5
 
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
10
 
(Scotland) Act 1978.
 
 
A Special Health Board constituted under that section.
 
 
Healthcare Improvement Scotland.
 
 
Social Care Wales.
 
 
Social Care and Social Work Improvement Scotland.
15
 
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.
20
 
The Independent Anti-slavery Commissioner.
 
 
The Welsh Ministers.
 
 
A Northern Ireland department.
 
 
Schedule 8
Section 119 (1)
 

Consequential amendments relating to Part

25

Part 1

 

Existing powers under relevant labour market legislation

 

Employment Agencies Act 1973

 
 
1
The Employment Agencies Act 1973 is amended as follows.
 
 
2
Omit section 8A (appointment of officers).
30
 
3
Omit section 9 (inspection).
 

Page 162

 
4
(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

 
 
5
Part 2A of the Employment Tribunals Act 1996 (financial penalties for
5
 
failure to pay sums ordered to be paid or settlement sums) is amended as
 
 
follows.
 
 
6
In section 37D (unpaid amount of relevant sum: further provision), in
 
 
subsection (6), for “an enforcement officer” substitute “the Secretary of
 
 
State”.
10
 
7
(1)
Section 37E (warning notice) is amended as follows.
 
 
(2)
In subsection (1), for “an enforcement officer” substitute “the Secretary of
 
 
State”.
 
 
(3)
In subsection (2)—
 
 
(a)
for “officer” substitute “Secretary of State”;
15
 
(b)
for “officer’s” substitute “Secretary of State’s”.
 
 
(4)
In subsection (3), for “officer” substitute “Secretary of State”.
 
 
8
(1)
Section 37F (penalty notice) is amended as follows.
 
 
(2)
In subsection (1), for “an enforcement officer” substitute “the Secretary of
 
 
State”.
20
 
(3)
In subsection (2), for “officer” substitute “Secretary of State”.
 
 
9
In section 37G (appeal against penalty notice), in subsection (3)(b), for
 
 
“enforcement officer” substitute “Secretary of State”.
 
 
10
In section 37I (withdrawal of warning notice), in subsection (1)—
 
 
(a)
in paragraph (b), for “an enforcement officer” substitute “the
25
 
Secretary of State”;
 
 
(b)
in the closing words, for “officer” substitute “Secretary of State”.
 
 
11
In section 37J (withdrawal of penalty notice), in subsection (1)—
 
 
(a)
in paragraph (b), for “an enforcement officer” substitute “the
 
 
Secretary of State”;
30
 
(b)
in the closing words, for “officer” substitute “Secretary of State”.
 
 
12
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”.
 
 
13
Omit section 37M (enforcement officers).
35
 
14
In section 37O (modification in particular cases), in subsection (4)(a), for
 
 
“enforcement officer” substitute “Secretary of State”.
 

Page 163

 
15
In section 37P (giving of notices), in subsection (1)(a), for “an enforcement
 
 
officer” substitute “the Secretary of State”.
 
 
16
In section 37Q(1) (interpretation), omit the definition of “enforcement
 
 
officer”.
 

National Minimum Wage Act 1998

5
 
17
The National Minimum Wage Act 1998 is amended as follows.
 
 
18
Omit section 13 (appointment of officers) and the italic heading before that
 
 
section.
 
 
19
Omit section 14 (powers of officers).
 
 
20
Omit section 15 (information obtained by officers).
10
 
21
Omit section 16 (information obtained by agricultural wages officers).
 
 
22
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)
15
 
(and the “and” after it).
 
 
23
(1)
Section 19 (notices of underpayment: arrears) is amended as follows.
 
 
(2)
In subsection (1), for “an officer acting for the purposes of this Act”
 
 
substitute “the Secretary of State”.
 
 
(3)
In subsection (2), for “officer” substitute “Secretary of State”.
20
 
24
(1)
Section 19B (suspension of financial penalty) is amended as follows.
 
 
(2)
In subsection (1), for “officer” substitute “Secretary of State”.
 
 
(3)
In subsection (4)—
 
 
(a)
for “An officer acting for the purposes of this Act” substitute “The
 
 
Secretary of State”;
25
 
(b)
for “the officer” substitute “the Secretary of State”.
 
 
(4)
In subsection (6)—
 
 
(a)
for “An officer acting for the purposes of this Act” substitute “The
 
 
Secretary of State”;
 
 
(b)
for “the officer” substitute “the Secretary of State”.
30
 
25
In section 19D (non-compliance with notice of underpayment: recovery of
 
 
arrears), in subsection (1), for “an officer acting for the purposes of this
 
 
Act” substitute “the Secretary of State”.
 
 
26
In section 19F (withdrawal of notice of underpayment), in subsection (1)—
 
 
(a)
for “an officer acting for the purposes of this Act” substitute “the
35
 
Secretary of State”;
 
 
(b)
for “the officer” substitute “the Secretary of State”.
 
 
27
In section 19G (replacement notice of underpayment), in subsection (1)—
 

Page 164

 
(a)
for “an officer acting for the purposes of this Act” substitute “the
 
 
Secretary of State”;
 
 
(b)
for “he” substitute “the Secretary of State”.
 
 
28
In section 31 (offences), omit subsection (5).
 

Gangmasters (Licensing) Act 2004

5
 
29
The Gangmasters (Licensing) Act 2004 is amended as follows.
 
 
30
Omit the italic heading before section 1.
 
 
31
Omit section 2 (directions etc to the Gangmasters and Labour Abuse
 
 
Authority).
 
 
32
In section 3 (work to which Act applies), for subsection (6) substitute—
10
 
“(6)
Before making regulations under subsection (5), the Secretary of
 
 
State must consult the Advisory Board established under section 80
 
 
of the Employment Rights Act 2025.”
 
 
33
(1)
Section 7 (grant of licence) is amended as follows.
 
 
(2)
In subsection (1)—
15
 
(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”.
 
 
34
(1)
Section 8 (general power to make rules) is amended as follows.
20
 
(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”.
25
 
35
(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”.
30
 
(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”.
 
 
36
In section 10 (appeals), in subsection (1), for “Authority” substitute
 
 
“Secretary of State”.
35
 
37
(1)
Section 11 (register of licences) is amended as follows.
 

Page 165

 
(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”.
 
 
38
In section 12 (offences: acting as a gangmaster, etc), in subsection (6)(b),
5
 
for “Authority” substitute “Gangmasters and Labour Abuse Authority or
 
 
the Secretary of State”.
 
 
39
(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
10
 
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”.
 
 
40
(1)
Section 15 (enforcement and compliance officers) is amended as follows.
 
 
(2)
For the heading substitute “Enforcement officers: Northern Ireland”.
15
 
(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
20
 
Ireland”.
 
 
(4)
In subsection (2), for “Secretary of State” substitute “Department”.
 
 
(5)
In subsection (3)—
 
 
(a)
omit paragraph (a);
 
 
(b)
after paragraph (b) insert—
25
 
“(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—
30
 
“(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.
 
 
(3B)
Any sums received by virtue of subsection (3A) by a Minister of
35
 
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”.
 

Page 166

 
(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.”
5
 
(11)
Omit subsection (6A).
 
 
41
(1)
Section 16 (powers of officers) is amended as follows.
 
 
(2)
Omit subsection (A1).
 
 
(3)
In subsection (1), omit “or a compliance officer”.
 
 
42
(1)
Section 17 (entry by warrant) is amended as follows.
10
 
(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.”
15
 
(5)
Omit subsection (5).
 
 
43
(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)”.
20
 
(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).
25
 
44
(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
30
 
in relation to England and Wales and
 
 
Scotland,”.
 
 
(3)
In subsection (1A), omit paragraph (b) (and the “and” before it).
 
 
(4)
Omit subsection (1B).
 
 
(5)
In subsection (2)—
35
 
(a)
for “subsection (1)(aa) or (b)” substitute “subsection (1)(b)”;
 

Page 167

 
(b)
after “supplied to” insert “, or used by,”.
 
 
45
Omit section 22A (relationship with other agencies: requests for assistance).
 
 
46
Omit section 24 (financial provision).
 
 
47
(1)
Section 25 (regulations, rules and orders) is amended as follows.
 
 
(2)
In subsection (3), after “regulations” insert “, rules”.
5
 
(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”.
10
 
48
Omit Schedule 1 (consequential amendments of enactments).
 
 
49
(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”.
15
 
(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”.
20
 
(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
25
 
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).
30
 
(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)).
 
 
(12)
Omit paragraph 16B (relationship with other agencies: requests for
 
 
assistance).
35
 
(13)
Omit paragraph 18 (financial provision).
 

Page 168

Modern Slavery Act 2015

 
 
50
The Modern Slavery Act 2015 is amended as follows.
 
 
51
Omit section 11A (enforcement of Part 1 by Gangmasters and Labour Abuse
 
 
Authority).
 
 
52
(1)
Section 15 (slavery and trafficking prevention orders on application) is
5
 
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.”
10
 
(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)—
15
 
(a)
for “Gangmasters and Labour Abuse Authority” substitute “Secretary
 
 
of State”;
 
 
(b)
for “the Authority” substitute “the Secretary of State”.
 
 
53
In section 19 (requirement to provide name and address), in subsection
 
 
(7)—
20
 
(a)
for “Gangmasters and Labour Abuse Authority” substitute “Secretary
 
 
of State”;
 
 
(b)
for “the Authority” substitute “the Secretary of State”.
 
 
54
(1)
Section 20 (variation, renewal and discharge) is amended as follows.
 
 
(2)
In subsection (2)(g), for “the Gangmasters and Labour Abuse Authority,
25
 
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
30
 
of State”.
 
 
55
(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
35
 
Secretary of State.”
 
 
(3)
In subsection (6)—
 
 
(a)
for “Gangmasters and Labour Abuse Authority” substitute “Secretary
 
 
of State”;
 
 
(b)
for “the Authority” substitute “the Secretary of State”.
40

Page 169

 
(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”.
 
 
56
In section 26 (requirement to provide name and address), in subsection
5
 
(7)—
 
 
(a)
for “Gangmasters and Labour Abuse Authority” substitute “Secretary
 
 
of State”;
 
 
(b)
for “the Authority” substitute “the Secretary of State”.
 
 
57
(1)
Section 27 (variation, renewal and discharge) is amended as follows.
10
 
(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”;
15
 
(b)
for “the Authority”, in both places it occurs, substitute “the Secretary
 
 
of State”.
 
 
58
Omit section 30A (enforcement of Part 2 by Gangmasters and Labour Abuse
 
 
Authority).
 
 
59
In section 33 (guidance), in subsection (1), for “, the Director General of
20
 
the National Crime Agency and the Gangmasters and Labour Abuse
 
 
Authority” substitute “and the Director General of the National Crime
 
 
Agency”.
 
 
60
In section 34 (interpretation of Part 2), in subsection (1), after the definition
 
 
of “interim slavery and trafficking risk order” insert—
25
 
““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

30
 
61
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.
 

Parliamentary Commissioner Act 1967

 
 
62
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments
35
 
etc subject to investigation), omit the entries relating to—
 
 
(a)
the Director of Labour Market Enforcement, and
 
 
(b)
the Gangmasters and Labour Abuse Authority.
 

Page 170

Superannuation Act 1972

 
 
63
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.
5

House of Commons Disqualification Act 1975

 
 
64
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;
10
 
(b)
in Part 3, omit the entry relating to the Director of Labour Market
 
 
Enforcement.
 

Northern Ireland Assembly Disqualification Act 1975

 
 
65
In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975
 
 
(offices disqualifying for membership)—
15
 
(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

20
 
66
In Schedule 13 to the Employment Protection Act 1975, omit paragraph 6.
 

Police and Criminal Evidence Act 1984

 
 
67
(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
25
 
“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”.
30
 
(6)
For subsection (11) substitute—
 
 
“(11)
In this section—
 
 
“enforcement officer” has the meaning given by section 77 (3)
 
 
of the Employment Rights Act 2025;
 
 
“labour market offence” has the same meaning as in Part 5 of
35
 
that Act (see section 121 (1) of that Act).”
 

Page 171

Companies Act 1985

 
 
68
In Schedule 15C to the Companies Act 1985, omit paragraph 7D.
 

Trade Union and Labour Relations (Consolidation) Act 1992

 
 
69
In section 251B of the Trade Union and Labour Relations (Consolidation)
 
 
Act 1992 (prohibition on disclosure of information), in subsection (2), omit
5
 
paragraph (ca).
 

Deregulation and Contracting Out Act 1994

 
 
70
In Schedule 10 to the Deregulation and Contracting Out Act 1994, omit
 
 
paragraph 1(4).
 

Employment Tribunals Act 1996

10
 
71
In section 19A of the Employment Tribunals Act 1996 (conciliation: recovery
 
 
of sums payable under settlements), omit subsection (10A).
 

Employment Relations Act 1999

 
 
72
In Schedule 7 to the Employment Relations Act 1999, omit paragraph 4.
 

Immigration and Asylum Act 1999

15
 
73
In Schedule A1 to the Immigration and Asylum Act 1999, omit paragraph
 
 
17.
 

Finance Act 2000

 
 
74
In the Finance Act 2000, omit section 148 (use of minimum wage
 
 
information).
20

Regulation of Investigatory Powers Act 2000

 
 
75
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

25
 
76
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.
30

Police Reform Act 2002

 
 
77
(1)
The Police Reform Act 2002 is amended as follows.
 

Page 172

 
(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
5
 
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)—
10
 
(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).
15
 
(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
20
 
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 77 of the Employment Rights
 
 
Act 2025.
25
 
(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.
30
 
(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
35
 
(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
40
 
Director General’s behalf, for the purposes of the exercise by the
 

Page 173

 
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—
5
 
(a)
by virtue of this section, or
 
 
(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);
10
 
(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
15
 
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
20
 
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—
25
 
“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).
30

Employment Relations Act 2004

 
 
78
In Schedule 1 to the Employment Relations Act 2004, omit paragraphs 40
 
 
and 41.
 

Civil Partnership Act 2004

 
 
79
In Schedule 27 to the Civil Partnership Act 2004, omit paragraph 155.
35

Page 174

Pensions Act 2004

 
 
80
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

5
 
81
In Schedule 7 to the Serious Organised Crime and Police Act 2005, omit
 
 
paragraph 62.
 

Natural Environment and Rural Communities Act 2006

 
 
82
In Schedule 7 to the Natural Environment and Rural Communities Act
 
 
2006 (designated bodies), omit paragraph 13.
10

Regulatory Enforcement and Sanctions Act 2008

 
 
83
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

15
 
84
In the Employment Act 2008, omit sections 16 and 18.
 

Equality Act 2010

 
 
85
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.
20

Financial Services Act 2012

 
 
86
In Schedule 18 to the Financial Services Act 2012, omit paragraph 36.
 

Modern Slavery Act 2015

 
 
87
(1)
The Modern Slavery Act 2015 is amended as follows.
 
 
(2)
In section 52 (duty to notify Secretary of State about suspected victims of
25
 
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)—
30
 
(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)”.
 

Page 175

 
(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.
5

Small Business, Enterprise and Employment Act 2015

 
 
88
In section 150 of the Small Business, Enterprise and Employment Act 2015,
 
 
omit subsections (4) and (7).
 

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern

 

Ireland) 2015

10
 
89
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

15
 
90
In the Immigration Act 2016, omit the following—
 
 
(a)
sections 2 to 9;
 
 
(b)
section 10;
 
 
(c)
section 11(2);
 
 
(d)
section 12(2);
20
 
(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,
25
 
23(4)(b), 24(2) and (3) and 25 to 36.
 

Investigatory Powers Act 2016

 
 
91
(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.
30
 
(3)
In Schedule 10, omit paragraph 35.
 

Policing and Crime Act 2017

 
 
92
In Schedule 9 to the Policing and Crime Act 2017, omit paragraph 36.
 

Page 176

Data Protection Act 2018

 
 
93
In Schedule 19 to the Data Protection Act 2018, omit paragraphs 191 and
 
 
197.
 

Sentencing Act 2020

 
 
94
In section 379(1) of the Sentencing Act 2020 (other behaviour orders etc),
5
 
after the entry for the Northern Ireland Troubles (Legacy and Reconciliation)
 
 
Act 2023 insert—
 
 
“Employment Rights Act
 
 
2025
 
 
section 96
10
 
labour market
10
 
enforcement order
 
 
offence within the
 
 
meaning of Part 5 of
 
 
that Act.”
 

Police, Crime, Sentencing and Courts Act 2022

 
 
95
In Part 2 of Schedule 3 to the Police, Crime, Sentencing and Courts Act
15
 
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.”
20

Procurement Act 2023

 
 
96
(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 110 of the Employment Rights Act 2025”.
25
 
(3)
In Schedule 7 (discretionary exclusion grounds), in paragraph 1(d), for
 
 
“section 18 of the Immigration Act 2016” substitute “section 94 of the
 
 
Employment Rights Act 2025”.
 

Page 177

 
Schedule 9
Section 119 (2) and (3)
 

Transitional and saving provision relating to Part 5

 

Part 1

 

Abolition of existing enforcement authorities: transfer schemes

 

Staff transfer schemes

5
 
1
(1)
The Secretary of State may make a scheme (a “staff transfer scheme”)
 
 
providing—
 
 
(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);
10
 
(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
15
 
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
20
 
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
25
 
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
30
 
(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
35
 
employed in the civil service of the state.
 

Property transfer schemes

 
 
2
(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.
40

Page 178

 
(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
5
 
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—
10
 
(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

15
 
3
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

 
 
4
A staff transfer scheme or a property transfer scheme may include
20
 
supplementary, incidental, transitional or consequential provision.
 

Interpretation

 
 
5
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
25
 
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

30

General

 
 
6
(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 8 , and
35
 
(b)
is in effect immediately before the day on which the amendment
 
 
or repeal comes into force,
 

Page 179

 
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 8 , and
5
 
(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.
10
 
(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 8 , 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—
15
 
(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
20
 
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
25
 
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
30
 
Schedule (and see also section 125 , which confers power to make transitional
 
 
or saving provision).
 

Powers to obtain documents etc

 
 
7
(1)
Any requirement to provide documents or information which—
 
 
(a)
was made under a repealed provision before the commencement
35
 
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.
40
 
(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 87 .
 

Page 180

 
(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
 
 
8 .
5

Labour abuse prevention officers

 
 
8
(1)
Anything which—
 
 
(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
10
 
Act 1984 (“PACE”), and
 
 
(b)
is in effect immediately before the day on which paragraph 67 of
 
 
Schedule 8 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.
15
 
(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,
20
 
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
25
 
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).
30

Warrants

 
 
9
(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 42 of Schedule 8 comes into force, and
35
 
(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 89 of this Act.
 
 
10
(1)
This paragraph applies to a warrant under section 17 of the 2004 Act
 
 
which—
40

Page 181

 
(a)
is issued under that section before the day on which paragraph 42
 
 
of Schedule 8 comes into force, and
 
 
(b)
is not executed before that day.
 
 
(2)
The warrant is to be treated for the purposes of section 89 of this Act as if
 
 
it had been issued under that section.
5
 
(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
 
 
(b)
after subsection (4) there were inserted—
 
 
“(4A)
On leaving any premises which an enforcement officer is
10
 
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 102 and Schedule 6 do not apply in relation to the warrant.
15

LME undertakings and orders

 
 
11
(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
20
 
(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
25
 
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.
30
 
(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
35
 
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;
40

Page 182

 
“enforcing authority” has the meaning given by section 14(5) of the
 
 
2016 Act (as it had effect immediately before the commencement
 
 
day).
 

Information

 
 
12
(1)
This paragraph applies to information which—
5
 
(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
 
 
(ii)
exercising powers by virtue of section 26(1) of the
 
 
Immigration Act 2016, and
10
 
(b)
immediately before the coming into force of paragraph 2 of Schedule
 
 
8 , 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.
 
 
13
Any reference in section 106 to information obtained by the Secretary of
15
 
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
20
 
of paragraph 20 of Schedule 8 , 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;
25
 
(d)
any information which the Secretary of State obtains by virtue of a
 
 
property transfer scheme under paragraph 2 of this Schedule.
 
 
14
The repeal of section 9 of the Employment Agencies Act 1973 (inspection)
 
 
by paragraph 3 of Schedule 8 does not prevent the use in evidence against
 
 
a person, in criminal proceedings taking place on or after the day on which
30
 
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

 
 
15
The reference in paragraph 24 (2)(b) of Schedule 5 to an investigation
35
 
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
40
 
had effect before the coming into force of paragraph 67 of Schedule 8 ).
 
 
16
(1)
Where—
 

Page 183

 
(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 53 of Schedule 8
 
 
comes into force, that requirement has not been complied with,
5
 
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 54 of Schedule 8 , the
 
 
reference in section 20(2)(g) of the 2015 Act (as amended by that paragraph)
 
 
to a slavery and trafficking prevention order made on an application under
10
 
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.
15
 
17
(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 56 of Schedule 8
20
 
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 57 of Schedule 8 , the
 
 
reference in section 27(2)(g) of the 2015 Act (as amended by that paragraph)
25
 
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
30
 
as in the 2015 Act.
 

Enforcement of agricultural wages legislation

 
 
18
The amendments made by paragraphs 17 to 28 of Schedule 8 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—
35
 
(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)).
40

Page 184

Appeals under the Gangmasters (Licensing) Act 2004: Northern Ireland licences

 
 
19
The amendment made by paragraph 49 (6) of Schedule 8 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
5
 
the coming into force of that amendment.
 
 
Schedule 10
Section 122
 

Increase in time limits for making claims

 

Safety Representatives and Safety Committees Regulations 1977

 
 
1
(1)
In regulation 11 of the Safety Representatives and Safety Committees
10
 
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”;
15
 
(c)
in paragraph (4), for “three” substitute “six”.
 

Trade Union and Labour Relations (Consolidation) Act 1992

 
 
2
(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
20
 
“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)—
25
 
(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
30
 
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”.
35

Page 185

 
(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”.
5
 
(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 “six”.
10

Pension Schemes Act 1993

 
 
3
In section 126 of the Pension Schemes Act 1993 (unpaid pension
 
 
contributions), in subsection (2), for “three” substitute “six”.
 

Employment Rights Act 1996

 
 
4
(1)
The Employment Rights Act 1996 is amended as follows.
15
 
(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”;
20
 
(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)—
25
 
(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”.
30
 
(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”;
35
 
(b)
in paragraph (b), for “three” substitute “six”.
 
 
(9)
In section 57 (time off for ante-natal care), in subsection (2)—
 

Page 186

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

Page 187

 
(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
5
 
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)—
10
 
(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”.
15
 
(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”;
20
 
(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)—
25
 
(a)
in paragraph (a), for “three” substitute “six”;
 
 
(b)
in paragraph (b), for “three” substitute “six”.
 

Health and Safety (Consultation with Employees) Regulations 1996

 
 
5
(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
30
 
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”.
35

Working Time Regulations 1998

 
 
6
In regulation 30 of the Working Time Regulations 1998 (S.I. 1998/1833)
 
 
(rights as to working time), in paragraph (2)—
 

Page 188

 
(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

 
 
7
In section 11 of the National Minimum Wage Act 1998 (access to records)—
5
 
(a)
in subsection (3), for “three” substitute “six”;
 
 
(b)
in subsection (4), for “three” substitute “six”.
 

Employment Relations Act 1999

 
 
8
In section 11 of the Employment Relations Act 1999 (right to be
 
 
accompanied), in subsection (2)—
10
 
(a)
in paragraph (a), for “three” substitute “six”;
 
 
(b)
in paragraph (b), for “three” substitute “six”.
 

Transnational Information and Consultation of Employees Regulations 1999

 
 
9
(1)
In regulation 27 of the Transnational Information and Consultation of
 
 
Employees Regulations 1999 (S.I. 1999/3323) (time off for members of a
15
 
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
20
 
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).
25
 
(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

30
 
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
35
 
the employee is entitled under regulation 26.
 
 
(2)
A tribunal shall not consider a complaint under this regulation unless
 
 
it is presented–
 

Page 189

 
(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
5
 
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).
10
 
(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
15
 
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
20
 
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)”;
25
 
(c)
in paragraph (4), for “27(2)(b)” substitute “27AA(2)(b)”.
 

Merchant Shipping (Working Time: Inland Waterways) Regulations 2003

 
 
10
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)—
30
 
(a)
in sub-paragraph (a), for “three” substitute “six”;
 
 
(b)
in sub-paragraph (b), for “three” substitute “six”.
 

Civil Aviation (Working Time) Regulations 2004

 
 
11
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)—
35
 
(a)
in sub-paragraph (a), for “three” substitute “six”;
 
 
(b)
in sub-paragraph (b), for “three” substitute “six”.
 

Page 190

Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004

 
 
12
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”;
5
 
(b)
in sub-paragraph (b), for “three” substitute “six”.
 

Transfer of Undertakings (Protection of Employment) Regulations 2006

 
 
13
(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
10
 
(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)—
15
 
(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

 
 
14
In regulation 17 of the Cross-border Railway Services (Working Time)
 
 
Regulations 2008 (S.I. 2008/1660) (cross-border railway services: rights as
20
 
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

25
 
15
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”.
30

Agency Workers Regulations 2010

 
 
16
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

 
 
17
In section 123 of the Equality Act 2010 (discrimination etc at work), in
35
 
subsection (1)(a), for “3” substitute “6”.
 

Page 191

Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

 
 
18
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”.
 
Amendments

No amendments available.