Employment Rights Act 2025
S. 1 not in force at Royal Assent, see s. 159(3) S. 1 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(2)(a) S. 2 not in force at Royal Assent, see s. 159(3) S. 2 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(2)(b) S. 3 not in force at Royal Assent, see s. 159(3) S. 3 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(2)(c) S. 4 not in force at Royal Assent, see s. 159(3) S. 4 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(2)(d) S. 5 not in force at Royal Assent, see s. 159(3) S. 5(1)(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(2)(e) S. 6 not in force at Royal Assent, see s. 159(3) S. 6(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(2)(f) S. 6(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(3) S. 7 not in force at Royal Assent, see s. 159(3) S. 7 in force at 6.1.2026 by S.I. 2026/3, reg. 2(4) S. 8 not in force at Royal Assent, see s. 159(3) S. 8 in force at 6.1.2026 by S.I. 2026/3, reg. 2(5) S. 9 not in force at Royal Assent, see s. 159(3) S. 9 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(6) S. 10 not in force at Royal Assent, see s. 159(3) S. 10 in force at 6.4.2026 by S.I. 2026/373, reg. 2(a) (with regs. 3, 4) S. 11 not in force at Royal Assent, see s. 159(3) S. 11 in force at 6.4.2026 by S.I. 2026/373, reg. 2(b) (with regs. 4, 5) S. 12 not in force at Royal Assent, see s. 159(3) S. 12 in force at 6.4.2026 by S.I. 2026/373, reg. 2(c) (with regs. 3, 4) S. 13 not in force at Royal Assent, see s. 159(3) S. 13 in force at 6.4.2026 by S.I. 2026/373, reg. 2(d) (with regs. 4, 6) S. 14 not in force at Royal Assent, see s. 159(3) S. 15 not in force at Royal Assent, see s. 159(3) S. 15 in force at 18.2.2026 for specified purposes by S.I. 2026/3, reg. 3(2) (with Sch. 1) S. 15 in force at 6.4.2026 in so far as not already in force by S.I. 2026/3, reg. 4(2) S. 16 not in force at Royal Assent, see s. 159(3) S. 16 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(7) S. 16 in force at 18.2.2026 for specified purposes by S.I. 2026/3, reg. 3(3) (with Sch. 1) S. 16 in force at 6.4.2026 in so far as not already in force by S.I. 2026/3, reg. 4(3) (with Sch. 1) S. 17 not in force at Royal Assent, see s. 159(3) S. 17 in force at 18.2.2026 for specified purposes by S.I. 2026/3, reg. 3(4) S. 17 in force at 6.4.2026 in so far as not already in force by S.I. 2026/3, reg. 4(4) (with Sch. 1) S. 17(1)(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(8) S. 18 not in force at Royal Assent, see s. 159(3) S. 18(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(9)(a) S. 18(2)-(4), (10)(11) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(9)(b) S. 19 in force at Royal Assent, see s. 159(1)(a) S. 20 not in force at Royal Assent, see s. 159(3) S. 21 not in force at Royal Assent, see s. 159(3) S. 22 not in force at Royal Assent, see s. 159(3) S. 23 not in force at Royal Assent, see s. 159(3) S. 23 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(2) S. 24 not in force at Royal Assent, see s. 159(3) S. 24(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(10)(a) S. 24(1) in force at 6.4.2026 for specified purposes by S.I. 2026/323, reg. 3(1)(3)(a) S. 24(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(10)(b) By S.I. 2026/3, reg. 2(10)(c), it is provided that s. 24(7) is in force at 6.1.2026 S. 24(5) in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(3)(b) S. 25 not in force at Royal Assent, see s. 159(3) S. 25(5) in force at 1.7.2026 for specified purposes by S.I. 2026/559, reg. 2(a) S. 26 not in force at Royal Assent, see s. 159(3) S. 26 in force at 6.1.2026 by S.I. 2026/3, reg. 2(11) S. 27 not in force at Royal Assent, see s. 159(3) S. 27(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(12)(a) S. 27(1)(6) in force at 6.4.2026 in so far as not already in force by S.I. 2026/323, reg. 3(1)(4) S. 27(2)-(5) in force at 6.1.2026 by S.I. 2026/3, reg. 2(12)(b) S. 27(6) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(12)(c) S. 28 not in force at Royal Assent, see s. 159(3) S. 28(1)(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(13)(a) S. 28(1)(2) in force at 6.4.2026 for specified purposes by S.I. 2026/323, reg. 3(1)(5)(a) S. 28(3) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(13)(b) S. 28(3) in force at 6.4.2026 for specified purposes by S.I. 2026/323, reg. 3(1)(5)(b) S. 28(6) in force at 6.1.2026 by S.I. 2026/3, reg. 2(13)(c) S. 29 not in force at Royal Assent, see s. 159(3) S. 29(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(14)(a) S. 29(2)-(5) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(14)(b) S. 30 not in force at Royal Assent, see s. 159(3) S. 30(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(15)(a) S. 30(1) in force at 6.4.2026 in so far as not already in force by S.I. 2026/323, reg. 3(1)(6) (with reg. 5) S. 30(2) in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(6) (with reg. 5) S. 30(3) in force at 6.1.2026 by S.I. 2026/3, reg. 2(15)(b) S. 31 not in force at Royal Assent, see s. 159(3) S. 31 in force at 18.2.2026 by S.I. 2026/3, reg. 3(5) S. 32 not in force at Royal Assent, see s. 159(3) S. 32(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(16)(a) S. 32(2)(3), (5)-(7) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(16)(b) S. 32(4) in force at 6.1.2026 by S.I. 2026/3, reg. 2(16)(c) S. 33 not in force at Royal Assent, see s. 159(3) S. 33 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(7) S. 34 not in force at Royal Assent, see s. 159(3) S. 35 not in force at Royal Assent, see s. 159(3) S. 35 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(8) S. 36 not in force at Royal Assent, see s. 159(3) S. 36 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(17) S. 37 in force at Royal Assent, see s. 159(1)(b) S. 38 not in force at Royal Assent, see s. 159(3) S. 39 not in force at Royal Assent, see s. 159(3) S. 39 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(9) S. 40 not in force at Royal Assent, see s. 159(3) S. 40 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(10) S. 41 not in force at Royal Assent, see s. 159(3) S. 41 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(11) S. 42 not in force at Royal Assent, see s. 159(3) S. 42 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(12) S. 43 not in force at Royal Assent, see s. 159(3) S. 43 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(13) S. 44 not in force at Royal Assent, see s. 159(3) S. 44 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(14) S. 45 not in force at Royal Assent, see s. 159(3) S. 45 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(15) S. 46 not in force at Royal Assent, see s. 159(3) S. 46 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(16) S. 47 not in force at Royal Assent, see s. 159(3) S. 47 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(17) S. 48 not in force at Royal Assent, see s. 159(3) S. 48 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(18) S. 49 not in force at Royal Assent, see s. 159(3) S. 49 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(19) S. 50 not in force at Royal Assent, see s. 159(3) S. 50 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(20) S. 51 not in force at Royal Assent, see s. 159(3) S. 51 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(21) S. 52 not in force at Royal Assent, see s. 159(3) S. 52 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(22) S. 53 not in force at Royal Assent, see s. 159(3) S. 53 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(23) S. 54 not in force at Royal Assent, see s. 159(3) S. 54 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(24) S. 55 not in force at Royal Assent, see s. 159(3) S. 55 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(25) S. 56 not in force at Royal Assent, see s. 159(3) S. 57 not in force at Royal Assent, see s. 159(3) S. 57 in force at 18.2.2026 by S.I. 2026/3, reg. 3(6) S. 58 not in force at Royal Assent, see s. 159(3) S. 58(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(18)(a) S. 58(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(18)(b) S. 58(5) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(18)(c) S. 59 not in force at Royal Assent, see s. 159(3) S. 59(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(19)(a) S. 59(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(19)(b) S. 60 not in force at Royal Assent, see s. 159(3) S. 60 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(20) S. 60 in force at 6.4.2026 for specified purposes by S.I. 2026/323, reg. 3(1)(26) S. 61 in force at 18.2.2026, see s. 159(2)(a) S. 62 in force at 18.2.2026, see s. 159(2)(b) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 4) S. 63 in force at 18.2.2026, see s. 159(2)(c) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 5) S. 64 not in force at Royal Assent, see s. 159(3) S. 64 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(21) S. 65 not in force at Royal Assent, see s. 159(3) S. 65 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(22) S. 66 in force at 18.2.2026, see s. 159(2)(d) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 6) S. 67 in force at 18.2.2026, see s. 159(2)(e) S. 68 not in force at Royal Assent, see s. 159(3) S. 69 in force at 18.2.2026, see s. 159(2)(f) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 7) S. 70 in force at 18.2.2026, see s. 159(2)(g) S. 71 in force at 18.2.2026, see s. 159(2)(h) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 8) S. 72 in force at 18.2.2026, see s. 159(2)(i) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 9) S. 73 in force at 18.2.2026, see s. 159(2)(j) S. 74 in force at 18.2.2026, see s. 159(2)(k) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 10) S. 75 in force at 18.2.2026, see s. 159(2)(l) S. 76 not in force at Royal Assent, see s. 159(3) S. 76(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(23)(a) S. 76(1)(2) in force at 18.2.2026 in so far as not already in force by S.I. 2026/3, reg. 3(7) S. 76(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(23)(b) S. 76(3)-(5) in force at 18.2.2026 by S.I. 2026/3, reg. 3(7) S. 77 not in force at Royal Assent, see s. 159(3) S. 77 in force at 18.2.2026 by S.I. 2026/3, reg. 3(8) (with Sch. 2 para. 11) S. 78 in force at Royal Assent, see s. 159(1)(c) S. 79 not in force at Royal Assent, see s. 159(3) S. 79 in force at 18.2.2026 by S.I. 2026/3, reg. 3(9) (with savings and transitional provisions in Sch. 2 para. 12) S. 80 in force at 18.2.2026, see s. 159(2)(m) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 13) S. 81 not in force at Royal Assent, see s. 159(3) S. 81 in force at 18.2.2026 by S.I. 2026/3, reg. 3(10) (with savings and transitional provisions in Sch. 2 para. 14) S. 82 in force at 18.2.2026, see s. 159(2)(n) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 15) S. 83 in force at 18.2.2026, see s. 159(2)(o) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 16) S. 84 in force at 18.2.2026, see s. 159(2)(p) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 17) S. 85 not in force at Royal Assent, see s. 159(3) S. 85 in force at 1.4.2026 by S.I. 2026/323, reg. 2 S. 86 in force at 18.2.2026, see s. 159(2)(q) (with savings and transitional provisions in S.I. 2026/3, Sch. 2 para. 18) S. 87 in force at 18.2.2026, see s. 159(2)(r) S. 88 not in force at Royal Assent, see s. 159(3) S. 88 in force at 6.1.2026 by S.I. 2026/3, reg. 2(24) S. 89 in force at 18.2.2026, see s. 159(2)(s) S. 90 not in force at Royal Assent, see s. 159(3) S. 90 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(3)(a) S. 90(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(25)(a) S. 90(3) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(25)(b) S. 91 not in force at Royal Assent, see s. 159(3) S. 91 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(26) S. 91 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(3)(b) S. 92 not in force at Royal Assent, see s. 159(3) S. 92(1)(2)(a)(c), (3)-(6) in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(4) S. 93 not in force at Royal Assent, see s. 159(3) S. 93 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(5) S. 94 not in force at Royal Assent, see s. 159(3) S. 94 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(6)(a) S. 95 not in force at Royal Assent, see s. 159(3) S. 95 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(6)(b) S. 96 not in force at Royal Assent, see s. 159(3) S. 96 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(6)(c) S. 97 not in force at Royal Assent, see s. 159(3) S. 97 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(6)(d) S. 98 not in force at Royal Assent, see s. 159(3) S. 98 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(6)(e) S. 99 not in force at Royal Assent, see s. 159(3) S. 99 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(7) S. 100 not in force at Royal Assent, see s. 159(3) S. 100 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(8) S. 101 not in force at Royal Assent, see s. 159(3) S. 101 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(9) S. 102 not in force at Royal Assent, see s. 159(3) S. 102 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(10) S. 103 not in force at Royal Assent, see s. 159(3) S. 103 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(11)(a) S. 103(1)(2)(7) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(27) S. 104 not in force at Royal Assent, see s. 159(3) S. 104 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(28) S. 104 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(11)(b) S. 105 not in force at Royal Assent, see s. 159(3) S. 105 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(12)(a) S. 106 not in force at Royal Assent, see s. 159(3) S. 106 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(12)(b) S. 107 not in force at Royal Assent, see s. 159(3) S. 107 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(12)(c) S. 108 not in force at Royal Assent, see s. 159(3) S. 108 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(13) S. 108(1)(2) in force at 6.1.2026 by S.I. 2026/3, reg. 2(29) S. 109 not in force at Royal Assent, see s. 159(3) S. 109 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(14) S. 110 not in force at Royal Assent, see s. 159(3) S. 110 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(15) S. 111 not in force at Royal Assent, see s. 159(3) S. 111 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(16) S. 112 not in force at Royal Assent, see s. 159(3) S. 112 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(17) S. 113 not in force at Royal Assent, see s. 159(3) S. 113 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(18) S. 114 not in force at Royal Assent, see s. 159(3) S. 114 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(19) S. 115 not in force at Royal Assent, see s. 159(3) S. 115 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(20) S. 116 not in force at Royal Assent, see s. 159(3) S. 117 not in force at Royal Assent, see s. 159(3) S. 118 not in force at Royal Assent, see s. 159(3) S. 118(2) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(30)(a) S. 118(5)(6) in force at 6.1.2026 by S.I. 2026/3, reg. 2(30)(b) S. 118(7) in force at 6.1.2026 by S.I. 2026/3, reg. 2(30)(c) S. 119 not in force at Royal Assent, see s. 159(3) S. 119 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(21)(a) S. 120 not in force at Royal Assent, see s. 159(3) S. 120 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(21)(b) S. 121 not in force at Royal Assent, see s. 159(3) S. 121 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(22) S. 122 not in force at Royal Assent, see s. 159(3) S. 122 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(23) S. 123 not in force at Royal Assent, see s. 159(3) S. 123 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(24) S. 124 not in force at Royal Assent, see s. 159(3) S. 124 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(25) S. 125 not in force at Royal Assent, see s. 159(3) S. 125 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(26) S. 126 not in force at Royal Assent, see s. 159(3) S. 126 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(27) S. 127 not in force at Royal Assent, see s. 159(3) S. 127 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(28) S. 128 not in force at Royal Assent, see s. 159(3) S. 128 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(29) S. 129 not in force at Royal Assent, see s. 159(3) S. 129 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(30) S. 130 not in force at Royal Assent, see s. 159(3) S. 130 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(31) S. 131 not in force at Royal Assent, see s. 159(3) S. 131 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(32) S. 132 not in force at Royal Assent, see s. 159(3) S. 132 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(33) S. 133 not in force at Royal Assent, see s. 159(3) S. 133 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(34) S. 134 not in force at Royal Assent, see s. 159(3) S. 134 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(35) S. 135 not in force at Royal Assent, see s. 159(3) S. 135 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(36) S. 135(6)(7) in force at 6.1.2026 by S.I. 2026/3, reg. 2(31) S. 136 not in force at Royal Assent, see s. 159(3) S. 136 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(37) S. 137 not in force at Royal Assent, see s. 159(3) S. 137 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(38) S. 138 not in force at Royal Assent, see s. 159(3) S. 138 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(39) S. 139 not in force at Royal Assent, see s. 159(3) S. 139 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(40) S. 140 not in force at Royal Assent, see s. 159(3) S. 140 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(41) S. 141 not in force at Royal Assent, see s. 159(3) S. 141 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(42) S. 142 not in force at Royal Assent, see s. 159(3) S. 142 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(43) S. 143 not in force at Royal Assent, see s. 159(3) S. 143 in force at 6.1.2026 by S.I. 2026/3, reg. 2(32) S. 144 not in force at Royal Assent, see s. 159(3) S. 144 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(44) S. 145 not in force at Royal Assent, see s. 159(3) S. 145 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(45) S. 146 not in force at Royal Assent, see s. 159(3) S. 146 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(46) S. 147 not in force at Royal Assent, see s. 159(3) S. 147 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(47) S. 148 not in force at Royal Assent, see s. 159(3) S. 148 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(48) S. 149 not in force at Royal Assent, see s. 159(3) S. 149(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(33)(a) S. 149(1) in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(49)(a) S. 149(2) in force at 6.1.2026 by S.I. 2026/3, reg. 2(33)(b) S. 149(3) in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(49)(b) S. 150 not in force at Royal Assent, see s. 159(3) S. 150(1) in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(50)(a) S. 150(2) in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(50)(b) S. 151 not in force at Royal Assent, see s. 159(3) S. 151(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(34)(a) S. 151(1) in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(51) (with reg. 7) S. 151(2)(5) in force at 6.1.2026 by S.I. 2026/3, reg. 2(34)(b) S. 151(3)(4) in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(2)(51) (with reg. 7) S. 152 not in force at Royal Assent, see s. 159(3) S. 153 not in force at Royal Assent, see s. 159(3) S. 153 in force at 6.1.2026 by S.I. 2026/3, reg. 2(35) S. 154 in force at Royal Assent, see s. 159(1)(d) S. 155 in force at Royal Assent, see s. 159(1)(d) S. 156 in force at Royal Assent, see s. 159(1)(d) S. 157 in force at Royal Assent, see s. 159(1)(d) S. 158 in force at Royal Assent, see s. 159(1)(d) S. 159 in force at Royal Assent, see s. 159(1)(d) S. 160 in force at Royal Assent, see s. 159(1)(d) Sch. 1 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 1 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 2 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 2 in force at 6.1.2026 by S.I. 2026/3, reg. 2(36)(a) Sch. 2 para. 3 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 4 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 4 in force at 6.1.2026 by S.I. 2026/3, reg. 2(36)(a) Sch. 2 para. 5 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 6 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 6 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(36)(b) Sch. 2 para. 7 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 8 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 9 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 10 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 11 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 12 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 13 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 14 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 15 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 16 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 17 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 18 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 19 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 20 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 21 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 22 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 23 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 24 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 25 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 26 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 27 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 27 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(36)(c) Sch. 2 para. 28 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 29 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 29 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(36)(d) Sch. 2 para. 30 not in force at Royal Assent, see s. 159(3) Sch. 2 para. 30 in force at 6.1.2026 by S.I. 2026/3, reg. 2(36)(e) Sch. 2 para. 31 not in force at Royal Assent, see s. 159(3) Sch. 3 para. 1 not in force at Royal Assent, see s. 159(3) Sch. 3 para. 2 not in force at Royal Assent, see s. 159(3) Sch. 3 para. 3 not in force at Royal Assent, see s. 159(3) Sch. 3 para. 4 not in force at Royal Assent, see s. 159(3) Sch. 3 para. 5 not in force at Royal Assent, see s. 159(3) Sch. 3 para. 5 in force at 1.7.2026 by S.I. 2026/559, reg. 2(b) Sch. 4 para. 1 not in force at Royal Assent, see s. 159(3) Sch. 4 para. 2 not in force at Royal Assent, see s. 159(3) Sch. 4 para. 3 not in force at Royal Assent, see s. 159(3) Sch. 4 para. 4 not in force at Royal Assent, see s. 159(3) Sch. 4 para. 5 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 1 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 2 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 3 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 4 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 5 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 6 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 7 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 8 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 9 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 10 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 11 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 12 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 13 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 14 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 15 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 16 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 17 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 18 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 19 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 20 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 21 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 22 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 23 not in force at Royal Assent, see s. 159(3) Sch. 5 para. 24 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 1 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 1 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(a) Sch. 6 para. 1 in force at 6.4.2026 for specified purposes by S.I. 2026/323, reg. 3(1)(27)(a) Sch. 6 para. 2 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 3 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 4 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 5 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 5(1) in force at 6.4.2026 for specified purposes by S.I. 2026/323, reg. 3(1)(27)(b)(i) (with reg. 6(1)) Sch. 6 para. 5(3)(4)(6)(7) in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(27)(b)(ii) (with reg. 6(1)) Sch. 6 para. 6 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 7 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 8 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 9 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 9 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b) Sch. 6 para. 10 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 10 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b) Sch. 6 para. 11 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 12 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 13 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 14 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 15 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 16 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 17 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 18 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 19 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 19(1) in force at 6.4.2026 for specified purposes by S.I. 2026/323, reg. 3(1)(27)(c)(i) (with reg. 6(2)) Sch. 6 para. 19(3)(4) in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(27)(c)(ii) (with reg. 6(2)) Sch. 6 para. 20 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 20(1) in force at 6.4.2026 for specified purposes by S.I. 2026/323, reg. 3(1)(27)(d)(i) (with reg. 6(3)) Sch. 6 para. 20(3) in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(27)(d)(ii) (with reg. 6(3)) Sch. 6 para. 21 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 21 in force at 6.4.2026 for specified purposes by S.I. 2026/323, reg. 3(1)(27)(e) (with reg. 6(1)) Sch. 6 para. 22 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 23 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 24 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 25 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 26 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 27 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 27(1) in force at 6.4.2026 for specified purposes by S.I. 2026/323, reg. 3(1)(27)(f)(i) (with reg. 6(3)) Sch. 6 para. 27(3) in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(27)(f)(ii) (with reg. 6(3)) Sch. 6 para. 28 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 28 in force at 6.4.2026 for specified purposes by S.I. 2026/323, reg. 3(1)(27)(g) (with reg. 6(1)) Sch. 6 para. 29 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 30 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 31 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 32 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 33 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 34 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 34 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(27)(h) (with reg. 6(4)(5)) Sch. 6 para. 35 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 36 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 37 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 38 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 39 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 40 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 40 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b) Sch. 6 para. 41 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 41 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b) Sch. 6 para. 42 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 42 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(27)(i) (with reg. 6(6)) Sch. 6 para. 43 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 43 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(27)(i) (with reg. 6(6)) Sch. 6 para. 44 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 44 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(27)(i) (with reg. 6(6)) Sch. 6 para. 45 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 46 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 47 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 47 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b) Sch. 6 para. 48 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 48 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b) Sch. 6 para. 49 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 50 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 51 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 52 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 53 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 54 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 55 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 56 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 57 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 58 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 59 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 60 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 61 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 62 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 62 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b) Sch. 6 para. 63 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 63 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(37)(b) Sch. 6 para. 64 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 65 not in force at Royal Assent, see s. 159(3) Sch. 6 para. 65 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(27)(j) (with reg. 6(1), (4)-(6)) Sch. 6 para. 66 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 1 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 1 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 2 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 2 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 3 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 4 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 5 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 6 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 7 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 8 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 9 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 10 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 11 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 12 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 13 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 13 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 14 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 14 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 15 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 15 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 16 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 16 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 17 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 17 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 18 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 18 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 19 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 19 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 20 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 20 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 21 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 22 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 22 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 23 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 23 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 24 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 24 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 25 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 25 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 26 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 26 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 27 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 27 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 28 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 28 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 29 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 29 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 30 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 30 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 31 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 32 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 33 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 33 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 34 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 34 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(52) Sch. 7 para. 35 not in force at Royal Assent, see s. 159(3) Sch. 7 para. 35 in force at 6.1.2026 by S.I. 2026/3, reg. 2(38) Sch. 8 para. 1 not in force at Royal Assent, see s. 159(3) Sch. 8 para. 1 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(53) Sch. 8 para. 2 not in force at Royal Assent, see s. 159(3) Sch. 8 para. 2 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(53) Sch. 8 para. 3 not in force at Royal Assent, see s. 159(3) Sch. 8 para. 3 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(53) Sch. 8 para. 4 not in force at Royal Assent, see s. 159(3) Sch. 8 para. 4 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(53) Sch. 8 para. 5 not in force at Royal Assent, see s. 159(3) Sch. 8 para. 5 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(53) Sch. 8 para. 6 not in force at Royal Assent, see s. 159(3) Sch. 8 para. 6 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(53) Sch. 8 para. 7 not in force at Royal Assent, see s. 159(3) Sch. 8 para. 7 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(53) Sch. 8 para. 8 not in force at Royal Assent, see s. 159(3) Sch. 8 para. 8 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(53) Sch. 8 para. 9 not in force at Royal Assent, see s. 159(3) Sch. 8 para. 9 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(53) Sch. 8 para. 10 not in force at Royal Assent, see s. 159(3) Sch. 8 para. 10 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(53) Sch. 9 not in force at Royal Assent, see s. 159(3) Sch. 9 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(54) Sch. 10 para. 1 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 1 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 2 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 2 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 3 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 3 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 4 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 4 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 5 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 5 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 6 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 6 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 7 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 7 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 8 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 8 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 9 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 9 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 10 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 10 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 11 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 11 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 12 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 12 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 13 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 13 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 14 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 14 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 15 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 15 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 16 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 16 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 17 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 17 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 18 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 18 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 19 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 19 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 20 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 20 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 21 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 21 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 22 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 22 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 23 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 23 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 24 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 24 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 25 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 25 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(39)(a) Sch. 10 para. 25 in force at 7.4.2026 in so far as not already in force by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 26 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 26 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 27 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 27 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 28 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 28 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 29 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 29 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 30 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 30 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(39)(b) Sch. 10 para. 30 in force at 7.4.2026 in so far as not already in force by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 31 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 31 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 32 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 32 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(39)(c) Sch. 10 para. 32 in force at 7.4.2026 in so far as not already in force by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 33 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 33 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 34 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 34 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 35 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 35 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 36 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 36 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 37 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 37 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 38 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 38 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 39 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 39 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 40 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 40 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 41 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 41 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 42 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 42 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 43 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 43 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 44 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 44 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 45 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 45(1)(6) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(39)(c) Sch. 10 para. 45(1)(6) in force at 7.4.2026 in so far as not already in force by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 45(2)-(5), (7)-(13) in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 46 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 46 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 47 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 47 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 48 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 48 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 49 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 49 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 50 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 50 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 51 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 51 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 52 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 52 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 53 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 53 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 54 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 54 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 55 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 55 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 56 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 56 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 57 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 57 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 58 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 58 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 59 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 59 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 60 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 60 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 61 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 61 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 62 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 62 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(a) Sch. 10 para. 63 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 63 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(39)(d) Sch. 10 para. 63 in force at 7.4.2026 for specified purposes by S.I. 2026/323, reg. 4(1)(2)(55)(b) Sch. 10 para. 64 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 64 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(c) Sch. 10 para. 65 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 65 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(c) Sch. 10 para. 66 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 66 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(c) Sch. 10 para. 67 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 67 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(c) Sch. 10 para. 68 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 68 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(c) Sch. 10 para. 69 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 69 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(c) Sch. 10 para. 70 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 70 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(c) Sch. 10 para. 71 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 71 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(c) Sch. 10 para. 72 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 72 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(c) Sch. 10 para. 73 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 73 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(c) Sch. 10 para. 74 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 74(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(39)(e)(i) Sch. 10 para. 74(1)(3) in force at 7.4.2026 in so far as not already in force by S.I. 2026/323, reg. 4(1)(55)(d) (with reg. 8) Sch. 10 para. 74(2)(4) in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(d) (with reg. 8) Sch. 10 para. 74(3) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(39)(e)(ii) Sch. 10 para. 75 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 75 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 76 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 76 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 77 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 77 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 78 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 78 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 79 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 79 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 80 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 80 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 81 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 81 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 82 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 82 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 83 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 83 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 84 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 84 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 85 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 85 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 86 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 86 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 87 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 87 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 88 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 88 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 89 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 89 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 90 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 90 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 91 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 91 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 92 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 92 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 10 para. 93 not in force at Royal Assent, see s. 159(3) Sch. 10 para. 93 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(55)(e) Sch. 11 para. 1 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 1 in force at 6.1.2026 by S.I. 2026/3, reg. 2(40) Sch. 11 para. 2 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 2 in force at 6.1.2026 by S.I. 2026/3, reg. 2(40) Sch. 11 para. 3 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 3 in force at 6.1.2026 by S.I. 2026/3, reg. 2(40) Sch. 11 para. 4 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 4 in force at 6.1.2026 by S.I. 2026/3, reg. 2(40) Sch. 11 para. 5 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 5 in force at 6.1.2026 by S.I. 2026/3, reg. 2(40) Sch. 11 para. 6 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 6 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(56) Sch. 11 para. 7 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 7 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(56) Sch. 11 para. 8 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 8 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(56) Sch. 11 para. 9 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 9 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(56) Sch. 11 para. 10 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 10 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(56) Sch. 11 para. 11 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 11 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(56) Sch. 11 para. 12 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 12 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(56) Sch. 11 para. 13 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 13 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(56) Sch. 11 para. 14 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 14 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(56) Sch. 11 para. 15 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 15 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(56) Sch. 11 para. 16 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 16 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(56) Sch. 11 para. 17 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 17 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(56) Sch. 11 para. 18 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 18 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(56) Sch. 11 para. 19 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 19 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(56) Sch. 11 para. 20 not in force at Royal Assent, see s. 159(3) Sch. 11 para. 20 in force at 7.4.2026 by S.I. 2026/323, reg. 4(1)(56) Sch. 12 para. 1 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 2 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 3 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 4 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 5 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 6 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 7 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 8 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 9 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 10 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 11 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 12 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 13 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 14 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 15 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 16 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 17 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 18 not in force at Royal Assent, see s. 159(3) Sch. 12 para. 19 not in force at Royal Assent, see s. 159(3) S. 80(3) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 81(6)(b), 159(3); S.I. 2026/3, reg. 3(10) (with Sch. 2 para. 14) S. 80(4) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 81(6)(b), 159(3); S.I. 2026/3, reg. 3(10) (with Sch. 2 para. 14) An Act 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 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. Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 2A of the Employment Rights Act 1996 (zero hours workers) is amended as follows.
In the Part heading, at the end insert “and similar”.
Before section 27A insert—Chapter 1.
After section 27B insert—
After section 27BI of the Employment Rights Act 1996 (inserted by section 1) insert—
After section 27BO of the Employment Rights Act 1996 (inserted by section 2) insert—
After section 27BU of the Employment Rights Act 1996 (inserted by section 3) insert—
Schedule 1 inserts Schedule A1 into the Employment Rights Act 1996.
The Employment Rights Act 1996 is amended as follows.
After section 27BV (inserted by section 4) insert—
In section 203 (restrictions on contracting out), in subsection (2), before paragraph (a) insert—.
After section 27BZ1 of the Employment Rights Act 1996 (inserted by section 5) insert—
Schedule 2 contains consequential amendments relating to sections 1 to 5.
The Workers (Predictable Terms and Conditions) Act 2023 is repealed.
Section 27B of the Employment Rights Act 1996 (power to make further provision in relation to zero hours workers) is amended as follows.
In subsection (1), for “their contracts or arrangements” substitute “their worker’s contracts or their arrangements”.
In subsection (2)(b), omit “non-contractual”.
In subsection (4)—
in the words before paragraph (a)—
omit “non-contractual”;
after “arrangement”, in the second place it occurs, insert “(whether contractual or non-contractual)”;
in the words after paragraph (b), omit “non-contractual”.
In subsection (5)(a)(ii), omit “non-contractual”.
In subsection (6)—
after “provision for” insert —;
after “does not apply” insert—;
at the end of the subsection insert “or (as the case may be) an individual is restricted from doing any work otherwise than under a worker’s contract entered into in accordance with the zero hours arrangement.”
Part 8A of the Employment Rights Act 1996 (flexible working) is amended in accordance with subsections (2) to (6).
Section 80G (employer’s duties in relation to application for change to working hours, etc) is amended in accordance with subsections (3) to (5).
In subsection (1), for paragraph (b) substitute—
After subsection (1ZA) insert—
After subsection (1D) insert—
In section 80H (complaints to employment tribunals), in subsection (1)(a), for “comply with” substitute “act in accordance with”.
In section 202 of the Employment Rights Act 1996 (national security), in subsection (2), after paragraph (e) insert—.
Part 11 of the Social Security Contributions and Benefits Act 1992 (statutory sick pay) is amended as follows.
In section 151(1) (employer’s liability), for “sections 152 to 154” substitute “sections 153 and 154”.
In section 152 (period of incapacity for work)—
omit subsection (1);
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,”.
In section 153(1) (period of entitlement), for “second” substitute “first”.
In section 154(1) (qualifying days), for “third” substitute “second”.
In section 155 (limitations on entitlement), omit subsection (1).
In section 156(2) (notification of incapacity for work), omit paragraph (b) (and the “or” at the end of paragraph (a)).
Part 11 of the Social Security Contributions and Benefits Act 1992 (statutory sick pay) is amended as follows.
In section 157 (rates of payment), for subsection (1) substitute—
In Schedule 11 (circumstances in which periods of entitlement to statutory sick pay do not arise), in paragraph 2, omit paragraph (c) (lower earnings limit).
Part 11 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (statutory sick pay) is amended as follows.
In section 147(1) (employer’s liability), for “sections 148 to 150” substitute “sections 149 and 150”.
In section 148 (period of incapacity for work)—
omit subsection (1);
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,”.
In section 149(1) (period of entitlement), for “second” substitute “first”.
In section 150(1) (qualifying days), for “third” substitute “second”.
In section 151 (limitations on entitlement), omit subsection (1).
In section 152(2) (notification of incapacity for work), omit paragraph (b) (and the “or” at the end of paragraph (a)).
Part 11 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (statutory sick pay) is amended as follows.
In section 153 (rate of payment), for subsection (1) substitute—
In Schedule 11 (circumstances in which periods of entitlement to statutory sick pay do not arise), in paragraph 2, omit paragraph (c) (lower earnings limit).
Section 27I of the Employment Rights Act 1996 (written policy about allocation of tips etc) is amended as follows.
After subsection (2) insert—
After subsection (3) insert—
After subsection (6) insert—
In section 76 of the Employment Rights Act 1996 (entitlement to parental leave), in subsection (1), omit paragraph (a) (and the “and” after it).
In section 80A of the Employment Rights Act 1996 (entitlement to paternity leave: birth)—
in subsection (1), omit paragraph (a);
in subsection (6A), omit paragraph (a).
In section 80B of that Act (entitlement to paternity leave: adoption)—
in subsection (1), omit paragraph (a);
in subsection (6C), omit paragraph (a).
In section 80A of the Employment Rights Act 1996 (entitlement to paternity leave: birth)—
omit subsection (4A);
in subsection (6A), omit paragraph (c).
In section 80B of that Act (entitlement to paternity leave: adoption)—
omit subsection (4A);
in subsection (6C), omit paragraph (c).
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).
In consequence of the amendments made by subsections (1)(a) and (2)(a), in section 118 of the Children and Families Act 2014, omit subsections (6) and (7).
The Employment Rights Act 1996 is amended in accordance with subsections (2) to (11).
In Chapter 4 of Part 8, in the heading, for “Parental bereavement leave” substitute “Bereavement leave”.
In section 80EA (parental bereavement leave)—
in subsection (1), for “bereaved parent” substitute “bereaved person”;
for subsection (2) substitute—;
in subsection (3), for “The conditions” substitute “In a case where the person who has died is a child, the conditions”;
after subsection (3) insert—;
in subsection (4)(a), omit “in respect of a child”;
in subsection (5), before “a child” insert “the death of”;
after subsection (5) insert—;
in subsection (6), for “the date of the child’s death” substitute “the specified day”;
for subsection (7) substitute—;
in subsection (9)—
in the definition of “child”, after “stillbirths” insert “after twenty-four weeks of pregnancy”;
after the definition of “child” insert—;
in the heading, for “Parental bereavement” substitute “Bereavement”.
In section 47C (rights not to suffer detriment: leave for family and domestic reasons), in subsection (2)(cb), omit “parental”.
In section 75I (rights during and after shared parental leave), in subsection (3)(f), omit “parental”.
In section 80C (rights during and after paternity leave), in subsections (2)(bb) and (4)(bb), omit “parental”.
In section 80EG (rights during and after neonatal care leave), in subsection (2)(f), omit “parental”.
In section 88 (termination of employment: employments with normal working hours)—
in subsection (1)(c), for “parental bereavement leave,” substitute “bereavement leave,”;
in subsection (2), for “parental bereavement pay”, in the first place it occurs, substitute “bereavement pay”.
In section 89 (termination of employment: employments without normal working hours)—
in subsection (3)(b), for “parental bereavement leave,” substitute “bereavement leave,”;
in subsection (4), for “parental bereavement pay”, in the first place it occurs, substitute “bereavement pay”.
In section 99 (unfair dismissal: leave for family reasons), in subsection (3)(cb), omit “parental”.
In section 235(1) (other definitions)—
before the definition of “business” insert—;
omit the definition of “parental bereavement leave”.
In Schedule 5 to the Income Tax (Earnings and Pensions) Act 2003 (enterprise management incentives), in paragraph 26(3)(b), for “parental bereavement leave” substitute “bereavement leave”.
In the Income Tax Act 2007—
in section 186A (enterprise investment schemes: the number of employees requirement), in subsection (4)(b)(i), for “parental bereavement” substitute “bereavement”;
in section 257DJ (seed enterprise investment schemes: the number of employees requirement), in subsection (4)(b)(i), for “parental bereavement” substitute “bereavement”;
in section 257MH (tax relief for social investments: the number of employees requirement), in subsection (4)(b)(i), for “parental bereavement” substitute “bereavement”;
in section 297A (venture capital trusts: the number of employees requirement), in subsection (4)(b)(i), for “parental bereavement” substitute “bereavement”.
In the Schedule to the Parental Bereavement (Leave and Pay) Act 2018, omit paragraphs 25(2), 26(2) and 28(a).
The Secretary of State must, before the end of the relevant period—
review the purposes for which employers are required to permit their employees to take time off in accordance with section 50 of the Employment Rights Act 1996 (right to time off for public duties), and
publish a report setting out the findings of the review.
In carrying out the review, the Secretary of State must, in particular, consider whether employers should be required to permit their employees to take time off in accordance with that section for the purposes of performing the functions of a special constable.
In this section—
“official”, in relation to a trade union, has the meaning given by section 119 of the Trade Union and Labour Relations (Consolidation) Act 1992;
Part 2A of the Employment Tribunals Act 1996 (financial penalties for failure to pay sums ordered to be paid or settlement sums).
Section 6 of the Gangmasters (Licensing) Act 2004 (prohibition of unlicensed activities).
Rules under section 8 of that Act (power to make rules in connection with licensing of persons acting as gangmasters).
Section 9 of that Act (modification, revocation or transfer of licence).
Sections 12 and 13 of that Act (offences).
The references in paragraphs 22 and 25 to the Gangmasters (Licensing) Act 2004 are to that Act only so far as it applies in relation to England and Wales and Scotland.
“tribunal” means—
After section 1 insert—Part 2Chapter 1.
After section 4 insert—
Section 1 of the Fraud Act 2006, so far as relating to an offence which—
is committed under the law of England and Wales by virtue of section 4 of that Act (fraud by abuse of position), and
is committed in relation to a worker.
Person appointed to chair the School Support Staff Negotiating Body.
For the italic heading before section 1 substitute—Part 1.
Section 47(2) of this Act (entitlement of social care workers to be paid in accordance with ratified agreements of Negotiating Body).
Regulations under section 5 of the Social Security Administration Act 1992 (regulations about claims for and payments of benefit), so far as relating to statutory sick pay.
In Schedule 2 to the Education Act 2002 (effect on staffing of suspension of delegated budget)—
after paragraph 10 insert—;
omit paragraph 11.
In section 1 (services to which this Act applies)—
for the heading substitute “Relevant services”;
in subsection (1), for “This Act applies to” substitute “In this Act, “relevant service” means”;
in subsection (2), for “this Act does not apply to” substitute ““relevant service” does not include”;
for subsection (4) substitute—
Section 48(5) (entitlement of social care workers to be paid in accordance with regulations made by Secretary of State, etc).
Section 14(3) of that Act (duty of employers to provide certain information to employees in relation to statutory sick pay).
Sections 119 to 129 and 139 (LME undertakings and orders).
Regulations under section 130 of that Act (duties of employers), so far as relating to statutory sick pay.
Sections 140 and 142 (offences relating to Part 5).
In section 2 (non-qualifying seafarers), in paragraph (a), for “service to which this Act applies” substitute “relevant service”.
A warrant which— must be returned to the appropriate person. For the purposes of sub-paragraph (1) the appropriate person is— 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. 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.
Where an enforcement officer applies for a warrant, the officer must— 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. The officer must answer on oath any question that the justice hearing the application asks the officer.
Execution of a warrant must be at a reasonable time, unless it appears to the officer executing it that there are grounds for suspecting that the purpose of entering the premises may be frustrated if the officer seeks to enter at a reasonable time.
In section 40A of the Equality Act 2010 (employer duty to prevent sexual harassment of employees), in subsection (1), before “reasonable steps” insert “all”.
In section 40 of the Equality Act 2010 (employees and applicants: harassment), after subsection (1) insert—
The Equality Act 2010 is amended as follows.
In Part 5 (work), in Chapter 1 (employment, etc), after section 40A insert—
In Part 16 (general and miscellaneous), in section 208(5) (regulations subject to affirmative procedure), after paragraph (a) insert—.
Part 4A of the Employment Rights Act 1996 (protected disclosures) is amended as follows.
In section 43B (disclosures qualifying for protection), in subsection (1), after paragraph (d) insert—.
In section 43L(1) (other interpretative provisions), after the definition of “the relevant failure” insert—
The Employment Rights Act 1996 is amended as follows.
After section 202 insert—
In section 192(2) (provisions of Act which have effect in relation to armed forces)—
omit the “and” at the end of paragraph (e);
for paragraph (f) substitute—
In section 193 (provisions of Act which do not apply in relation to the security services), for “section 47B” substitute “sections 47B and 202A”.
In section 236(3) (regulations subject to affirmative procedure), after “125(7)” insert “, 202A”.
Part 10 of the Employment Rights Act 1996 (unfair dismissal) is amended in accordance with subsections (2) and (3).
In section 108 (qualifying period of employment)—
in subsection (1), for “two years” substitute “six months”;
in subsection (2), for ““two years”” substitute ““six months””.
Omit section 124 (limit of compensatory award etc).
In section 209 of that Act (powers to amend Act), in subsection (5), omit “108(1),”.
Schedule 3 contains minor and consequential amendments relating to this section.
Part 5B of the Employment Rights Act 1996 (redundancy during a protected period of pregnancy) is amended as follows.
Section 49D (redundancy during a protected period of pregnancy) is amended in accordance with subsections (3) to (5).
In the heading, after “Redundancy” insert “or dismissal”.
After subsection (1) insert—
In subsection (3), after “subsection (1)” insert “or (1A)”.
After section 49D insert—
In the heading of Part 5B, after “Redundancy” insert “or dismissal”.
Part 8 of the Employment Rights Act 1996 (leave for family reasons) is amended as follows.
In section 74 (maternity leave: redundancy and dismissal), in subsection (2), after “during” insert “, or after,”.
In section 75C (adoption leave: redundancy and dismissal), in subsection (1)(b), after “during” insert “, or after,”.
In section 75J (shared parental leave: redundancy and dismissal), in subsection (1)(b), after “during” insert “, or after,”.
In section 80D (paternity leave: special cases)—
in subsection (1A)(b), after “bereaved employee” insert “, or dismissal of a bereaved employee (other than by reason of redundancy),”;
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.
In section 80EH (neonatal care leave: special cases), in subsection (1)(b), after “during” insert “or after”.
The Employment Rights Act 1996 is amended as follows.
Part 10 (unfair dismissal) is amended in accordance with subsections (3) to (5).
Before section 105 insert—
In section 105 (redundancy), in the heading, after “Redundancy” insert “: other cases”.
In section 108 (qualifying period of employment), in subsection (3), before paragraph (h) insert—.
In section 236 (orders and regulations), in subsection (3) (regulations subject to affirmative procedure), after “99,” insert “104I, 104J(5)(f), 104K(7)(d),”.
Chapter 2 of Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992 (procedure for handling redundancies) is amended as follows.
In section 188 (duty of employer to consult representatives)—
before subsection (1) insert—;
in subsection (1), for the words from “Where” to “the employer” substitute “The employer”;
in subsection (1A), for “(1)” substitute “(A1)”;
after subsection (2) insert—;
in subsection (4)—
in paragraph (c), at the beginning insert “where the employees whom it is proposed to dismiss as redundant are at only one establishment,”;
after paragraph (c) insert—.
In section 193 (duty of employer to notify Secretary of State of certain redundancies)—
omit subsection (1);
before subsection (2) insert—;
in subsection (2)—
for the words from “An employer” to “period” substitute “The employer”;
omit paragraphs (a) and (b);
after subsection (2) insert—;
in subsection (3), for “(1) or (2)” substitute “(1A)”;
in subsection (4)(a), omit the words from “in relation to the establishment” to the end;
in subsection (6), omit “(1) or”;
in subsection (7), for “(1)” substitute “(2)”.
In section 193A (redundancies of ships’ crew)—
in subsection (1)(a), omit “193(1) or”;
in subsection (2), for “section 193(1) or (2)” substitute “section 193(2)”.
After section 195 insert—
In section 197 (power to vary provisions), in subsection (1)—
in paragraph (a), for “188(2) and 193(1)” substitute “188(1A) and 193(2A)(b)”;
in the words after paragraph (b), for “188(2) and 193(1)” substitute “188(1A) and 193(2A)(b)”.
In section 198A (employees being transferred to the employer from another undertaking)—
in subsection (1)(b), for the words from “20 or more employees” to “or less,” substitute within a period of 90 days or less—;
in subsection (4)(a)—
for “and as if” substitute “and, where relevant, as if”;
for “(1)(b)” substitute “(1)(b)(ii)”.
Chapter 2 of Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992 (procedure for handling redundancies) is amended as follows.
In section 189 (duty to consult representatives: complaint and protective award), in subsection (4), in the words after paragraph (b), for “90” substitute “180”.
In section 197 (power to vary provisions), in subsection (1)(b), for “periods” substitute “period”.
In the Trade Union and Labour Relations (Consolidation) Act 1992, section 193A is amended in accordance with subsections (2) to (5).
For the heading substitute “Application of section 193 in certain cases involving redundancies of ships’ crew”.
In subsection (1)—
in the words before paragraph (a), for “has effect subject to this section” substitute “applies with the modifications set out in subsections (2) and (3)”;
in paragraph (b)—
at the beginning insert “some or all of”;
for “vessel” substitute “ship”.
In subsection (2)—
before “to the competent authority” insert “, so far as relating to the members of crew of a ship within subsection (1)(b),”;
for “vessel” substitute “ship”;
for “instead of” substitute “as well as”.
After subsection (2) insert—
In section 285 of the Trade Union and Labour Relations (Consolidation) Act 1992 (employment outside Great Britain)—
in subsection (1B), after “United Kingdom” insert “or a GB-linked ship”;
after subsection (2) insert—
The Procurement Act 2023 is amended as follows.
After Part 5 insert—
In section 2 (contracting authorities), after subsection (1) insert—
In section 122 (regulations)—
in subsection (4) (regulations of Ministers of the Crown subject to affirmative procedure), after paragraph (i) insert—;
in subsection (10) (regulations of Welsh Ministers subject to affirmative procedure), after paragraph (g) insert—;
in subsection (14) (regulations of Scottish Ministers subject to affirmative procedure), before paragraph (a) insert—.
(but see section 83A(2) for a different meaning of “appropriate authority” in Part 5A (outsourcing: protection of workers));
appropriate authority (except in Part 5A) section 123 appropriate authority (in Part 5A) section 83A
Part 5A (outsourcing: protection of workers)
The Equality Act 2010 is amended as follows.
In Part 5 (work), in Chapter 3 (equality of terms), after section 78 insert—
In Part 16 (general and miscellaneous), in section 208(5) (regulations subject to affirmative procedure), after paragraph (b) insert—.
The Equality Act 2010 is amended as follows.
In section 78 (gender pay gap information), after subsection (3) insert—
In section 153 (power to impose specific duties on public authorities), after subsection (1) insert—
In section 154 (power to impose specific duties: cross-border public authorities), after subsection (3) insert—
The Working Time Regulations 1998 (S.I. 1998/1833) are amended as follows.
In Part 2 (rights and obligations concerning working time), after regulation 16A insert—
In regulation 29 (offences), in paragraph (1), after “the relevant requirements” insert “or with regulation 16B(1)”.
In regulation 29C (restriction on institution of proceedings in England and Wales)—
the existing provision becomes paragraph (1);
after that paragraph insert—
In section 13 of the Employment Agencies Act 1973 (interpretation), for subsection (3) substitute—
The Office of Rail and Road and the Health and Safety Executive, acting jointly, must, before the end of the relevant 12-month period, prepare and publish guidance setting out circumstances in which a child carrying out activities for the purposes of a heritage railway in Great Britain is, or is not, to be regarded as employed in an industrial undertaking for the purposes of section 1 of the Employment of Women, Young Persons and Children Act 1920 (restrictions on the employment of children in industrial undertakings).
The Office of Rail and Road and the Health and Safety Executive, acting jointly—
may from time to time revise guidance published under this section;
must publish any revisions of that guidance.
In this section—
a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, or
In paragraph 51 (competing applications), in sub-paragraph (2)(c), for “10 per cent test” substitute “required percentage test”.
Regulations under section 5 of the Social Security Administration (Northern Ireland) Act 1992 (regulations about claims for and payments of benefit), so far as relating to statutory sick pay.
The following provisions of the Working Time Regulations 1998 (S.I. 1998/1833)—
regulations 13 to 15E (entitlement to annual leave, etc);
regulation 16 (right to payment in respect of periods of leave);
regulation 16A (rolled-up holiday pay for irregular hours workers and part-year workers);
regulation 16B(1) (duty to keep records relating to annual leave entitlement);
regulation 29(1) (offences), so far as relating to regulation 16B(1).
Section 1 of the Modern Slavery Act 2015 (offence of slavery, servitude and forced or compulsory labour).
In paragraph 16 (withdrawal of application), in sub-paragraph (1)(a), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5)”.
After paragraph 19F insert—
Section 12(3) of that Act (duty of employers to provide certain information to employees in relation to statutory sick pay).
Sections 2 and 4 of that Act (human trafficking), so far as relating to an offence—
which is committed in relation to a worker, or
which is otherwise committed in circumstances where subsection (2) of section 3 of that Act applies.
Regulations under section 122 of that Act (duties of employers), so far as relating to statutory sick pay.
Part 2 of that Act (prevention orders), so far as relating to— An order is within this sub-paragraph if— In sub-paragraph (2) “relevant offence” means—
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).
In Part 3 (rights in relation to trade union membership and activities), before section 137 (and the italic heading before it) insert—
In section 284 (exceptions for share fishermen)—
after “in the case of” insert “section 136A and”;
section 136A (right to statement of trade union rights),
In section 285 (exceptions for employment outside Great Britain)—
section 136A (right to statement of trade union rights),
in subsection (1A), for “Sections 145A to 151” substitute “Section 136A, and sections 145A to 151,”.
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”.
In section 296 (meaning of “worker”), in subsection (3), after “68(4),” insert “136A(5),”.
In section 38 of the Employment Act 2002 (failure to give statement of employment particulars etc)—
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),”;
in subsection (3)(b), after “duty to the worker” insert “under section 136A of the Trade Union and Labour Relations (Consolidation) Act 1992,”.
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).
In Part 1 (trade unions), before Chapter 5A insert—
In section 263 (proceedings of the Central Arbitration Committee)—
in subsection (4), omit “or, in Scotland, an oversman”;
after subsection (6) insert—;
in subsection (7), before “Schedule A1” insert “section 70ZH or 70ZI or”;
after subsection (7) insert—
After section 263 insert—
In section 263A (proceedings of the Central Arbitration Committee under Schedule A1)—
for the heading substitute “Proceedings of the Committee: other special cases”;
in subsection (1), for “under Schedule A1” substitute “in relation to which this section applies (see section 263(7))”;
in subsection (6), omit “or, in Scotland, an oversman”;
omit subsection (8).
In section 264 (awards of the Central Arbitration Committee)—
in the heading, after “Awards” insert “etc”;
in subsection (1), after “award,” insert “in any determination, declaration, order or other decision of the Committee under Chapter 5ZA of Part 1,”;
after subsection (2) insert—
In Schedule 1 to the Employment Relations Act 2004 (minor and consequential amendments), omit paragraph 15.
Schedule 6 amends Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (collective bargaining: recognition).
In section 73 of the Trade Union and Labour Relations (Consolidation) Act 1992 (passing and effect of political resolution)—
omit subsection (3);
in subsection (4), for “before the end of that period” substitute “a political resolution (“the old resolution”) is in force and”.
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).
In section 82 (rules as to political fund), in subsection (1)(ca)(i), for “opt to be” substitute “opt out of being”.
For sections 84 (contributions to political fund from members of a union) and 84A (information to members about contributing to political fund) substitute—
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 —.
In section 94 (overseas members of trade union)—
in subsection (1), at the end of paragraph (a) insert , and;
in subsection (2), after “rules” insert “; and where provision is made in accordance with subsection (1)(b), section 84A(1) is not to be taken to require opt-out information notices to be given to overseas members.”
In section 299 (index of defined expressions), in the entry for “contributor”, for “84(5)” substitute “84(1)”.
In consequence of the amendments made by subsections (2) to (6), in the Trade Union Act 2016—
in section 11, omit subsections (1), (2) and (5) to (8);
in Schedule 4—
in paragraph 7, omit sub-paragraph (3);
omit paragraph 9.
In the Trade Union and Labour Relations (Consolidation) Act 1992—
omit section 116B (restriction on deduction of union subscriptions from wages in public sector) and the italic heading before it;
in section 296 (meaning of “worker” and related expressions), in subsection (3), omit “116B(10),”.
In consequence of the amendments made by subsection (1), omit section 15 of the Trade Union Act 2016.
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).
In section 168 (time off for carrying out trade union duties)—
after subsection (3) insert—;
for subsection (4) substitute—
In section 168A (time off for union learning representatives)—
after subsection (8) insert—;
for subsection (9) substitute—
In section 172 (remedies), in subsection (2), omit “in failing to permit time off to be taken by the employee”.
In section 199 (issue of Codes of Practice by ACAS), in subsection (2)(a), after “time off” insert “and facilities”.
In section 200 (procedure for issue of Code by ACAS), in subsection (3)(a), after “time off” insert “and facilities”.
In section 10 of the Employment Relations Act 1999 (right to be accompanied), in subsection (7), for “and (4)” substitute “, (4) and (5)”.
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (10).
After section 168A insert—
In section 169 (payment for time off)—
in the heading, for “section 168” substitute “sections 168 to 168B”;
in subsection (1), for “or 168A” substitute “, 168A or 168B”.
In section 170 (time off for trade union activities)—
in subsection (2A), after “learning representative” insert “or an equality representative”;
in subsection (2B), after “learning representative” insert “or an equality representative”;
in subsection (2C)—
after “applies” insert —;
at the end insert—;
in subsection (5)—
in paragraph (a), after “learning representative” insert “or an equality representative”;
omit the “and” at the end of paragraph (a);
after paragraph (b) insert , and
In section 171 (time off: time limit for proceedings), in subsection (1), after “168A,” insert “168B,”.
In section 172 (time off: remedies), in subsection (1), after “168A” insert “, 168B”.
In section 173 (interpretation and other supplementary provisions)—
in subsection (1), after “168A” insert “, 168B”;
in subsection (2), after “168A,” insert “168B,”;
in subsection (3), after “168A” insert “or 168B”.
In section 199 (issue of Codes of Practice by ACAS), in subsection (1), after “learning representatives” insert “or equality representatives”.
In section 200 (procedure for issue of Code by ACAS), in subsection (3)—
omit the “or” at the end of paragraph (b);
after paragraph (b) insert—.
In section 203 (issue of Codes of Practice by Secretary of State), in subsection (1)(b), after “learning representatives” insert “or equality representatives”.
In section 18 of the Employment Tribunals Act 1996 (conciliation: relevant proceedings), in subsection (1)(a), after “168A,” insert “168B,”.
In section 104 of the Employment Rights Act 1996 (unfair dismissal for assertion of statutory rights), in subsection (4)(c), after “168A,” insert “168B,”.
In the Trade Union and Labour Relations (Consolidation) Act 1992—
omit section 172A (publication requirements in relation to facility time);
omit section 172B (reserve powers in relation to facility time).
In consequence of the amendments made by subsection (1), omit sections 13 and 14 of the Trade Union Act 2016.
Section 3 of the Employment Relations Act 1999 (blacklists) is amended as follows.
In subsection (1)(b), omit “by employers or employment agencies”.
After subsection (2) insert—
In subsection (3)—
before paragraph (a) insert—;
in paragraph (e), after “subsection (1)” insert “or (2A)”.
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (5).
In section 226 (requirement of ballot before action by trade union), in subsection (2)(a)—
insert “and” at the end of sub-paragraph (ii);
omit sub-paragraph (iia) (and the “and” after it).
In section 231 (information for members as to result of ballot)—
omit paragraph (a);
insert “and” at the end of paragraph (d);
for paragraph (e) (and the “and” after it) substitute—;
omit paragraph (f).
Omit section 297A (meaning of “voting”).
In section 299 (index of defined expressions), omit the entry for “voting”.
In consequence of the amendments made by subsections (2) to (5)—
in the Trade Union Act 2016—
omit section 2;
in Schedule 4, omit paragraphs 12 and 17;
in section 69 of this Act, omit subsection (3)(a).
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) and (3).
In section 226 (requirement of ballot before action by trade union)—
in subsection (2)(a)(iii), for “the required number of persons (see subsections (2A) to (2C))” substitute “the majority voting in the ballot”;
omit subsections (2A) to (2F).
In section 231 (information for members as to result of ballot)—
insert “and” at the end of paragraph (e);
omit paragraph (g) (and the “and” before it).
In consequence of the amendments made by subsection (2), omit section 3 of the Trade Union Act 2016.
In section 226A of the Trade Union and Labour Relations (Consolidation) Act 1992 (notice of ballot and sample voting paper for employers)—
in subsection (2)(c)—
in sub-paragraph (i), for the words from “figures” (in the first place it occurs) to “arrived at” substitute “number mentioned in subsection (2B)”;
in sub-paragraph (ii), for “figures and that explanation” substitute “that number”;
for subsection (2B) substitute—;
in subsection (2C)—
in paragraph (b), omit the words from “and the number” to “categories”;
in paragraph (c), omit the words from “and the number” to “workplaces”;
in subsection (2D), for “figures” substitute “the number”.
In section 229 of the Trade Union and Labour Relations (Consolidation) Act 1992 (information to be included on voting paper), omit subsections (2B) to (2D).
In consequence of the amendment made by subsection (1), omit section 5 of the Trade Union Act 2016.
In section 234 of the Trade Union and Labour Relations (Consolidation) Act 1992 (period after which industrial action ballot ceases to be effective), in subsection (1), for the words from “period” to the end substitute “period of 12 months beginning with the date of the ballot”.
In the Trade Union Act 2016, omit section 4 (provision for electronic balloting for industrial action: review and piloting scheme).
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).
In section 234A of the Trade Union and Labour Relations (Consolidation) Act 1992 (notice to employers of industrial action)—
in subsection (3B), omit paragraph (b) (but not the “and” after it);
in subsection (3C)(b), omit the words from “and the number” to “categories”;
in subsection (4), for paragraph (b) and the words after paragraph (b) substitute—
In consequence of the amendment made by subsection (1)(c), omit section 8 of the Trade Union Act 2016.
In the Trade Union and Labour Relations (Consolidation) Act 1992—
in section 219 (protection from certain tort liabilities), in subsection (3), for the words from “unless” to the end substitute “unless it is done in the course of attendance declared lawful by section 220 (peaceful picketing)”;
omit section 220A (union supervision of picketing).
In consequence of the amendments made by subsection (1), omit section 10 of the Trade Union Act 2016.
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) and (3).
In Part 5 (industrial action), after section 236 insert—
In section 296 (meaning of “worker”), in subsection (3), for “and 151(1B)” substitute “, 151(1B) and 236A(8)”.
In section 18 of the Employment Tribunals Act 1996 (conciliation: relevant proceedings), in subsection (1)(a), for “or 192” substitute “, 192 or 236A”.
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”.
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (4).
In section 229 (industrial action ballots: voting paper), in subsection (4), omit the words from “if it takes place fewer than” to the end.
In section 238A (protection for employees taking part in official industrial action)—
in subsection (2), omit paragraph (b) (and the “and” before it);
omit subsections (3) to (7D);
omit subsection (9).
Omit section 238B (conciliation and mediation: supplementary provisions).
In consequence of the amendments made by subsections (2) to (4), in the Employment Relations Act 2004—
omit section 26 (dismissal where employees locked out);
omit section 27 (date of dismissal);
omit section 28 (dismissal after end of protected period);
in Schedule 1 (minor and consequential amendments), omit paragraph 13.
In the Trade Union and Labour Relations (Consolidation) Act 1992, omit sections 234B to 234G (minimum service levels for certain services).
Accordingly, in that Act—
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—;
in section 234A (notice to employers of industrial action), in subsection (3)—
at the end of paragraph (a), insert “and”;
omit paragraph (ba) and the “and” before it;
omit the italic heading before section 234B;
for the italic heading before section 235 substitute “Sections 226 to 234A: meaning of “contract of employment””;
in section 235 (construction of references to contract of employment)—
in the heading, at the end insert “in sections 226 to 234A”;
for “to 234G” substitute “to 234A”;
in section 238A (unfair dismissal: participation in official industrial action)—
in subsection (2), insert “and” at the end of paragraph (a) and omit paragraph (aa) (and the “and” after it);
for subsection (9) substitute—;
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))”;
in section 299 (index of defined expressions)—
in the entry for “contract of employment”, for “234G” substitute “234A”;
in the entry for “not protected”, for “, 234A and 234E” substitute “and 234A”;
omit the entries for “minimum service regulations (in Part 5)”, “relevant service (in Part 5)” and “work notice (in Part 5)”.
The Strikes (Minimum Service Levels) Act 2023 is repealed.
In the Trade Union and Labour Relations (Consolidation) Act 1992, omit section 32ZA (details of industrial action etc to be included in annual return).
In consequence of the amendment made by subsection (1), omit section 7 of the Trade Union Act 2016.
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).
Omit section 32ZB (details of political expenditure to be included in annual return).
In section 32ZC (enforcement)—
in the heading, for “sections 32ZA and 32ZB” substitute “section 32ZA”;
in subsection (1), omit “or 32ZB”.
In section 45 (rights of union members: offences), in subsection (1), for “sections 32ZA and 32ZB” substitute “section 32ZA”.
In section 131 (administrative provisions applying to employers’ associations), in subsection (1), omit “, section 32ZB”.
In section 135 (federated employers’ associations), in subsection (3), omit “, section 32ZB”.
In consequence of the amendments made by subsections (2) to (6), omit section 12 of the Trade Union Act 2016.
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (5).
Omit section 32ZC (enforcement of sections 32ZA and 32ZB).
In section 45 (rights of union members: offences), in subsection (1), for the words from “section 32” to “sections 32A” substitute “sections 32”.
In section 45D (appeals from Certification Officer on question arising in proceedings etc under Chapters 1, 2 and 3 of Part 1), omit “, 32ZC”.
In section 256 (procedure before the Certification Officer), in subsection (1)(c), omit “, 32ZC”.
In consequence of the amendments made by subsections (2) to (5)—
omit section 18 of the Trade Union Act 2016;
in section 80 of this Act, omit subsections (3) and (4).
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (6).
In section 25 (duties with respect to register of members’ names and addresses: remedies), omit subsection (6A).
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”.
In section 256 (procedure before the Certification Officer), in subsection (1)(c), omit “or under paragraph 5 of Schedule A3”.
Omit section 256C (investigatory powers).
Omit Schedule A3 (Certification Officer: investigatory powers).
In consequence of the amendments made by subsections (2) to (6)—
in section 43 of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014, omit subsection (4);
in the Trade Union Act 2016—
in section 17, omit subsections (1) and (2);
omit Schedule 1;
in Schedule 4, omit paragraphs 2 and 3(b).
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (9).
In section 45C (duty to secure union positions not held by certain offenders: remedies and enforcement)—
in subsection (1), omit the words from “; but the Certification Officer” to the end;
in subsection (2A)—
in paragraph (b), omit “(if any)”;
in paragraph (c), omit “(if any)”.
In section 54 (elections for union positions: remedies), in subsection (1), omit the words after paragraph (b).
In section 55 (elections for union positions: powers of Certification Officer)—
in the heading, for “Powers of” substitute “Application to”;
in subsection (1)—
omit “, either”;
omit paragraph (b) and the “or” before it;
in subsection (2)—
in paragraph (b), omit “(if any)”;
in paragraph (c), omit “(if any)”.
In section 72A (application of funds in breach of section 71: remedies)—
in subsection (1), omit the words from “; but the Certification Officer” to the end;
in subsection (2A)—
in paragraph (b), omit “(if any)”;
in paragraph (c), omit “(if any)”.
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.
In section 80 (remedy for failure to comply with political ballot rules: powers of Certification Officer)—
in the heading, for “Powers of” substitute “Application to”;
in subsection (1)—
omit “either”;
omit “or without any such application having been made”;
in subsection (2)—
in paragraph (b), omit “(if any)”;
in paragraph (c), omit “(if any)”.
In section 82 (rules as to political fund)—
in subsection (2), omit the words from “; but the Officer” to the end;
in subsection (3)—
in paragraph (b), omit “(if any)”;
in paragraph (c), omit “(if any)”.
In section 103 (passing of amalgamation or transfer resolution: powers of Certification Officer)—
in the heading, for “Powers of” substitute “Complaint to”;
in subsection (1), omit the words from “; but the Officer” to the end;
in subsection (3A)—
in paragraph (b), omit “(if any)”;
in paragraph (c), omit “(if any)”.
In consequence of the amendments made by subsections (2) to (9), in the Trade Union Act 2016—
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”;
in Schedule 2—
in the heading of the Schedule, omit “without application”;
in paragraph 3, omit sub-paragraph (2);
in paragraph 6, omit sub-paragraph (2).
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) and (3).
Omit section 256D (power to impose financial penalties).
Omit Schedule A4 (Certification Officer: power to impose financial penalties).
In consequence of the amendments made by subsections (2) and (3), in the Trade Union Act 2016—
in section 19, omit subsections (1) to (3);
omit Schedule 3.
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) and (3).
Omit section 257A (levy payable to Certification Officer).
In section 258 (Certification Officer: annual reports and account), omit subsection (1A).
In consequence of the amendments made by subsections (2) and (3), omit section 20 of the Trade Union Act 2016.
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
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”.
In section 56A (appeal from Certification Officer on question arising in proceedings etc under section 55), after “question” insert “of law”.
In section 95 (appeal from Certification Officer on question arising in proceedings etc under Chapter 6 of Part 1), after “question” insert “of law”.
In section 104 (appeal from Certification Officer on question arising in proceedings etc under section 103), after “question” insert “of law”.
In section 108C (appeal from Certification Officer on question arising in proceedings etc under Chapter 7A of Part 1), after “question” insert “of law”.
In section 285 of the Trade Union and Labour Relations (Consolidation) Act 1992 (employment outside Great Britain)—
in subsection (1), before “works” insert “ordinarily”;
in subsection (1A), before “works” insert “ordinarily”.
In section 293 of the Trade Union and Labour Relations (Consolidation) Act 1992 (regulations), for subsection (3) substitute—
In consequence of provision made by this Part—
in the Trade Union and Labour Relations (Consolidation) Act 1992—
omit section 297B (devolved Welsh authorities);
in section 299 (index of defined expressions), omit the entry for “devolved Welsh authority”;
in the Trade Union (Wales) Act 2017 (anaw 4), omit section 1 (amendments to the Trade Union and Labour Relations (Consolidation) Act 1992).
The Secretary of State has the function of enforcing the labour market legislation listed in Part 1 of Schedule 7 (but see also section 92).
For the purposes of enabling the Secretary of State to perform that function, this Part confers powers on—
the Secretary of State, and
enforcement officers.
In this Part “enforcement officer” means a person appointed by the Secretary of State under this section.
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).
Accordingly, in the case of the exercise by an enforcement officer of an enforcement function of the Secretary of State, any reference in an enactment to the Secretary of State in connection with that function is to be read as, or as including, a reference to that officer or any other enforcement officer.
A person appointed under this section may exercise any powers of an enforcement officer to the extent specified in the appointment.
Subsection (1) does not limit the Secretary of State’s powers under—
section 116 (power to bring proceedings in employment tribunal), or
section 117 (power to provide legal assistance).
Nothing in this section authorises the Secretary of State to bring proceedings in Scotland for an offence.
Any reference in this Part to an enforcement function of the Secretary of State is a reference to—
any function of the Secretary of State under this Part,
any function of the Secretary of State under any provision of relevant labour market legislation, or
any other function of the Secretary of State that is exercisable for the purposes of enforcing any relevant labour market legislation.
But the following functions are not enforcement functions of the Secretary of State for the purposes of this Part—
the power to appoint enforcement officers under section 90;
any function under section 92 (delegation of functions);
any function under section 93 (Advisory Board);
any function under section 94 or 95 (strategies and reports);
any function under or by virtue of section 116 or 117 (powers in relation to civil proceedings);
any function under Part 1 of Schedule 11 (transfer schemes);
any power to give directions or make subordinate legislation.
The Secretary of State may make arrangements with a public authority—
for the authority to exercise any delegable function of the Secretary of State to the extent specified in the arrangements;
for officers or other staff of the authority to be appointed as enforcement officers.
The following functions are “delegable functions”—
any enforcement function of the Secretary of State;
any function of the Secretary of State by virtue of section 116 (power to bring proceedings in employment tribunal);
any function of the Secretary of State under section 7 or 11 of the Gangmasters (Licensing) Act 2004 (powers relating to licensing of gangmasters).
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.
Arrangements under this section may provide for payments to be made by the Secretary of State in respect of the performance of any function to which the arrangements relate.
Arrangements under this section do not prevent the Secretary of State from performing a function to which the arrangements relate.
In this section “public authority” means a person certain of whose functions are functions of a public nature.
The Secretary of State must establish an Advisory Board (“the Board”) for the purposes of providing advice to the Secretary of State about such matters as the Secretary of State may specify relating to the Secretary of State’s function under section 90(1).
The Board is to consist of not fewer than nine members appointed by the Secretary of State.
Each member of the Board is to hold and vacate office in accordance with the terms and conditions of the member’s appointment.
The members of the Board must include an equal number of each of the following—
persons appearing to the Secretary of State to represent the interests of trade unions;
persons appearing to the Secretary of State to represent the interests of employers;
persons appearing to the Secretary of State to be independent experts.
For the purposes of subsection (4)(c) an “independent expert” is a person who—
is not a person falling within paragraph (a) or (b) of subsection (4), and
has expertise that is relevant to the Secretary of State’s function under section 90(1).
The Secretary of State may pay such remuneration or allowances to members of the Board as the Secretary of State may determine.
In addition to the matters referred to in subsection (1), the Board may also provide advice to the Secretary of State about such matters as the Secretary of State may specify relating to the Secretary of State’s functions under or by virtue of sections 116 and 117 (powers in relation to civil proceedings).
The Secretary of State must, before the beginning of each relevant three-year period (see subsection (6)), prepare and publish a labour market enforcement strategy for that period.
A labour market enforcement strategy is a document that—
sets out the Secretary of State’s assessment of—
the scale and nature of non-compliance with relevant labour market legislation during the period of three years ending immediately before the strategy period, and
the likely scale and nature of such non-compliance during the strategy period,
contains a proposal for the strategy period setting out how enforcement functions of the Secretary of State are to be exercised, and
deals with any other matters which the Secretary of State considers appropriate.
The Secretary of State—
may, at any time during the strategy period, revise the labour market enforcement strategy, and
must publish any revised labour market enforcement strategy.
In preparing or revising a labour market enforcement strategy, the Secretary of State must consult the Advisory Board.
The Secretary of State must lay before Parliament and the Northern Ireland Assembly a copy of any strategy published under this section.
In this section—
The Employment Rights Act 1996 is amended as follows.
The Employment Relations Act 1999 is amended as follows. In section 34 (indexation of amounts, etc)— In section 37, omit subsection (1).
The provision that may be made under section 154 (power to make consequential amendments) by any regulations that amend a relevant provision in consequence of the repeal of section 124 of the Employment Rights Act 1996 by section 25(3) includes (among other things)— For the purposes of this paragraph— The provisions referred to in sub-paragraph (2)(a)(i) (each of which limits the amount of compensation payable by virtue of the provision by reference to the limit imposed by section 124 of the Employment Rights Act 1996) are— The power that may be conferred by provision made by virtue of sub-paragraph (1)(b) includes power to specify different amounts in relation to different descriptions of persons by whom compensation is payable by virtue of a relevant provision. The power to make regulations under section 154 is to be regarded as including power to make provision amending section 49(7A) or (7B) of the Employment Rights Act 1996, as inserted by paragraph 13 of Schedule 2, in consequence of the repeal of section 124 of the Employment Rights Act 1996 regardless of whether that repeal comes into force before or after the day on which that paragraph is brought into force for any purpose.
In the Bankruptcy (Scotland) Act 2016 (asp 21), in Schedule 3 (preferred debts), in paragraph 10(2)—
before paragraph (a) insert—;
in paragraph (a), for “the Employment Rights Act 1996” substitute “that Act”.
In section 27 (meaning of “wages” for purposes of Part 2 of the Act), in subsection (1)—
after the paragraph (ce) inserted by the Neonatal Care (Leave and Pay) Act 2023 insert—;
after paragraph (cf) (inserted by paragraph (a)) insert—;
renumber the paragraph (ce) inserted by the Employment (Allocation of Tips) Act 2023 as paragraph (ch).
In section 27A (exclusivity terms unenforceable in zero hours contracts), omit subsections (1) and (2).
In section 27B (power to make further provision in relation to zero hours workers)—
omit subsection (4);
in subsection (6)(a) and (b) (inserted by section 8), for “prescribed” substitute “specified”;
omit subsections (7) and (8).
After section 47G insert—
After section 47H (inserted by paragraph 10) insert—
Section 48 (enforcement) is amended as follows. After subsection (1B) insert— After subsection (1BA) (inserted by sub-paragraph (2)) insert— In subsection (2), for “or (1B)” substitute “, (1B) or (1BA)”. After subsection (2A) insert— In subsection (4), in the words after paragraph (b), after “hirer” insert “, or a relevant person (within the meaning of section 47I),”. In subsection (6), after “49” insert “, except so far as relating to an alleged detriment in contravention of section 47I,”.
Section 49 (remedies) is amended as follows. In subsection (1), for “or (1B)” substitute “, (1B) or (1BA)”. After subsection (1A) insert— In subsection (2), for “and (6)” substitute “, (6), (7) and (7A)”. In that subsection, after “(7A)” insert “and (7B)”. After subsection (7) insert— After subsection (7A) (inserted by sub-paragraph (6)) insert—
After section 104B insert—
After section 104BA (inserted by paragraph 14) insert—
In section 105 (redundancy)—
after subsection (7B) insert—;
after subsection (7BZA) (inserted by paragraph (a)) insert—
In section 108 (qualifying period of employment), in subsection (3)—
after paragraph (gh) insert—;
after paragraph (gha) (inserted by paragraph (a)) insert—.
In section 184 (debts to which Part 12 of the Act (insolvency of employers) applies), in subsection (2), before paragraph (a) insert—.
In section 192 (armed forces), in subsection (2)(e), after “103” insert “, 104BA, 104BB”.
Section 194 (House of Lords staff) is amended as follows. After subsection (2)(a) insert—. In subsection (2)(c), for “and 47E” substitute “, 47E and 47H”.
Section 195 (House of Commons staff) is amended as follows. After subsection (2)(a) insert—. In subsection (2)(c), for “and 47E” substitute “, 47E and 47H”.
Section 199 (mariners) is amended as follows. In subsection (8), for paragraph (b) substitute—. After subsection (8) insert—
In section 200 (police officers), in subsection (1)—
after “8 to 10,” insert “Chapters 2 to 4 of Part 2A,”;
after “47C,” insert “47H,”.
Section 202 (national security restrictions on disclosure of information) is amended as follows. In subsection (2), after paragraph (a) insert—. In subsection (2)(b), for “and 47C” substitute “, 47C, 47H and 47I”. In subsection (2)(g)(i)— In subsection (2)(g)(ii), for “or (6)” substitute “, (6), (7BZA) or (7BZB)”.
Section 205 (remedy for infringement of certain rights) is amended as follows. In subsection (1), after “section 8,” insert “Chapters 2 to 4 of Part 2A,”. After subsection (1A) insert— After subsection (2) insert—
Section 206 (institution or continuance of tribunal proceedings) is amended as follows. In subsection (2), after paragraph (a) insert—. After subsection (9) insert—
In section 225 (calculation date for purposes of working out a week’s pay), before subsection (1) insert—
In section 227 (maximum amount of week’s pay), in subsection (1), before paragraph (zza) insert—.
In section 235 (definitions for purposes of the Act)—
in subsection (1), in paragraph (b) of the definition of “week”, after “86” insert “and paragraph 11 of Schedule A1”;
in subsection (2A) (definition of “limited-term contract”), after “contract of employment” insert “or other worker’s contract”;
in subsection (2B) (definition of “limiting event”), in the words before paragraph (a), after “contract of employment” insert “or other worker’s contract”.
In section 236 (orders and regulations), in subsection (3) (regulations subject to affirmative procedure)—
after “27B,” insert “27BA(3)(a)(ii) or (d), (6) or (16), 27BB(2), (5) or (9)(c), 27BD(6), 27BJ(1)(b), (2)(a) or (4), 27BK(3), 27BP(1), (2)(c), (3)(a), (6) or (9), 27BR(1)(c), 27BU(2), 27BZ,”;
after “209,” insert “or under paragraph 1(3)(b), (6) or (11), 2(2), (5) or (7)(c), 5(6), 12(1), 13(3), 14(2), 15(3), 16(4), 22(1), (3) or (5), 24(1)(c) or (2), 26(9), 27(2) or 28(2) of Schedule A1,”.
As soon as reasonably practicable after the end of each financial year, the Secretary of State must prepare and publish an annual report for that year.
The annual report must include the following—
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;
an assessment of the extent to which the applicable strategy had an effect on the scale and nature of non-compliance with relevant labour market legislation during the year.
Before publishing an annual report under this section, the Secretary of State must consult the Advisory Board.
The Secretary of State must lay before Parliament and the Northern Ireland Assembly a copy of every annual report published under this section.
In this section—
The Employment Tribunals Act 1996 is amended as follows.
In the Enterprise and Regulatory Reform Act 2013, omit section 15 (power to increase or decrease limit of compensatory award).
Section 12A (financial penalties) is amended as follows. in relation to a right conferred by Chapter 3 or 4 of Part 2A, or section 47H, of the Employment Rights Act 1996, includes a person who is an employer by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act; in relation to a right conferred by Part 1 or 2 of Schedule A1 to the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Part 1 of Schedule A1 to that Act, includes the hirer within the meaning of the relevant Part of that Schedule; in relation to a right conferred by Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996, includes (where it would not otherwise do so) the work-finding agency within the meaning of the relevant Part of that Schedule; in relation to a right conferred by section 47I of the Employment Rights Act 1996, includes (where it would not otherwise do so) a person who is a relevant person within the meaning of that section; includes an individual seeking to be employed by a person as a worker; in relation to a right conferred by Chapter 3 or 4 of Part 2A, or section 47H, of the Employment Rights Act 1996, includes an individual who is a worker by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act; in relation to a right conferred by— Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996, Chapter 6 of Part 2A of that Act so far as relating to Part 1 of Schedule A1 to that Act, or includes (where it would not otherwise do so) an agency worker within the meaning of Part 2A of that Act (see section 27BV of that Act).
Section 16 (power to provide for recoupment of benefits) is amended as follows. In subsection (1), after paragraph (d) insert—. At the end insert—
In section 18 (conciliation: relevant proceedings), in subsection (1)(b)—
after “23,” insert “27BG, 27BN, 27BT, 27BY(5),”;
after “177 of” insert “, or paragraph 8, 9, 19 or 26 of Schedule A1 to,”.
The Secretary of State may by notice require a person— In this subsection “specified” means specified in the notice.
to attend at a specified time and place and to provide information by answering questions;
to provide specified information, or information of a specified description, by a specified date;
to provide specified documents, or documents of a specified description, by a specified date.
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—
in the case of a requirement under subsection (1)(a), the person is able to provide information which is necessary for any enforcement purpose;
in the case of a requirement under subsection (1)(b) or (c)—
it is necessary to obtain the information or document (as the case may be) for any enforcement purpose, and
the person is able to provide it.
In this section “enforcement purpose” means—
the purpose of enabling the Secretary of State to determine whether to exercise any enforcement function;
the purpose of determining whether there has been any non-compliance with relevant labour market legislation;
in the case of a requirement under subsection (1)(c), the purpose of ascertaining whether the documents may be required as evidence in proceedings for any non-compliance with relevant labour market legislation.
An enforcement officer may, for any enforcement purpose— This is subject to section 98 (which provides that a warrant is necessary to enter a dwelling).
enter any premises, and
exercise any powers within subsection (2).
The powers referred to in subsection (1)(b) are—
to inspect or examine any documents on the premises;
to require any person on the premises to produce any documents which the officer has reasonable grounds to believe are on the premises and within the person’s possession or control;
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.
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.
An enforcement officer may seize any document produced, inspected or examined under this section.
In this section—
An enforcement officer may not by virtue of section 97 enter any dwelling unless a justice has issued a warrant authorising the officer to enter the dwelling.
A justice may issue a warrant under this section only if, on an application by the officer, the justice is satisfied—
that the officer has reasonable grounds to believe that—
there are documents in the dwelling which for any enforcement purpose the officer wishes to inspect, examine or seize, or
there is computer or other equipment in the dwelling to which the officer wishes to have access for any enforcement purpose, and
that any of the conditions in subsection (3) is satisfied.
The conditions are—
that it is not practicable to communicate with any person entitled to grant entry to the dwelling;
that it is not practicable to communicate with any person entitled to grant access to the documents or equipment;
that entry to the dwelling is unlikely to be granted unless a warrant is produced;
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.
In this section—
the Director-General of the Security Service, in the case of information obtained from, or relating to, that Service or a person acting on its behalf;
Paragraph 44 (validity of applications: existing collective agreement) is amended as follows. For the purposes of sub-paragraph (1), any worker who joined the relevant bargaining unit after the application day is to be disregarded. In applying sub-paragraph (1) an agreement for recognition (the agreement in question) must be ignored if— The period of reflection is the period of 20 working days starting with the first day after the end of— The restricted period is the period—
After paragraph 81F (inserted by paragraph 40 of this Schedule) insert—
Paragraph 117 (ballots: general) is amended as follows. In sub-paragraph (1), for “This paragraph” substitute “Sub-paragraph (3)”. In sub-paragraph (2), for “This paragraph” substitute “Sub-paragraph (3)”. In sub-paragraph (4), for “The ballot” substitute “A ballot arranged under sub-paragraph (3), or under paragraph 116J(5),”.
A warrant authorises an entry on one occasion only.
For paragraph 45 (validity of applications: minimum support) substitute—
Paragraph 118 (duties of employer in relation to ballot) is amended as follows. In sub-paragraph (1), omit “five”. In sub-paragraph (2)— Omit sub-paragraph (3). In sub-paragraph (4)— If the ballot is arranged under paragraph 116J(5), the duty under sub-paragraph (4)(a) is limited to— Omit sub-paragraphs (4A) to (4E), (8) and (9).
A warrant must specify— A warrant must identify, so far as is practicable, the purpose for which entry is desired.
Paragraph 46 (validity of applications: overlapping bargaining unit) is amended as follows. In sub-paragraph (1)(d)— For the purposes of sub-paragraph (2)(a), any worker who joined the relevant bargaining unit or the bargaining unit referred to in sub-paragraph (1) after the application day is to be disregarded.
If— the worker making the application (or each of the workers making the application) and the union (or each of the unions) are entitled to enforce obedience to the order. The order may be enforced—
Two copies are to be made of a warrant. In the case of a warrant issued in electronic form, the copies must be clearly marked as copies. In the case of a warrant issued otherwise than in electronic form, the copies must be clearly certified as copies.
In paragraph 47 (validity of applications: same bargaining unit), in sub-paragraph (3), after “48” insert “, 48A”.
After paragraph 119 insert—
In paragraph 48 (validity of applications: union not entitled to be recognised), in sub-paragraph (1)—
for “27D(4)” substitute “19K(5), 19P(5)”;
omit the words from “; and this is so” to the end.
Omit paragraphs 119A to 119I (unfair practices during ballot).
After paragraph 48 insert—
Paragraph 120 (costs of ballot) is amended as follows. In sub-paragraph (1), after “paragraph” insert “116J(5) or”. If the holding of the ballot is arranged under paragraph 116J(5), the gross costs of the ballot are to be borne by such of the parties and in such proportions as the CAC may determine. In relation to an application under paragraph 112, “the parties” includes the worker or workers making the application. In sub-paragraph (2), for “The gross costs” substitute “If the holding of the ballot is arranged under paragraph 117(3), the gross costs”. In sub-paragraph (4), for “the employer and the union (or each of the unions)” substitute “the party or parties required to bear the costs”.
In paragraph 49 (validity of applications: union required to cease bargaining arrangements), in sub-paragraph (1)—
for “119D(4), 119H(5)” substitute “116E(5), 116K(5)”;
for “the ballot concerned is arranged” substitute “the declaration is issued”.
The CAC must act under this paragraph as soon as reasonably practicable after— The complaint period is the period of 5 working days starting with the day after— The duty in sub-paragraph (1) does not apply—
For further provision about warrants under this section, see section 131 and Schedule 8.
A power conferred by section 96 or 97 to require the production or provision of any document includes, in the case of a document stored in an electronic form, power to require the document to be produced or provided in a form—
in which it can be taken away, and
in which it is visible and legible or from which it can readily be produced in a visible and legible form.
The Secretary of State may inspect or examine any document provided under section 96.
The Secretary of State or an enforcement officer may take copies of any document—
provided in response to a requirement under section 96, or
inspected, examined or produced under section 97.
This section applies to any document which—
is provided in response to a requirement under section 96, or
is seized under section 97.
The document may be retained so long as is necessary in all the circumstances and in particular—
for use as evidence at a trial for a labour market offence, or
for forensic examination or for investigation in connection with a labour market offence.
No document may be retained for either of the purposes mentioned in subsection (2) if a photograph or a copy would be sufficient for that purpose.
For provision enabling enforcement officers in England and Wales to exercise powers under the Police and Criminal Evidence Act 1984 in relation to the investigation of labour market offences, see section 114B of that Act.
In this section—
“relevant contravention” means a contravention of section 6 of the Gangmasters (Licensing) Act 2004 (prohibition of unlicensed activities), so far as it applies in relation to England and Wales and Scotland;
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.
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— the justice may issue a warrant authorising the enforcement officer to enter the premises, if necessary using reasonable force.
that admission to the premises has been refused, or that a refusal is expected, and (in either case) that notice of the intention to apply for a warrant has been given to the occupier,
that an application for admission, or the giving of such a notice, would defeat the object of the entry,
that the case is one of extreme urgency, or
that the premises are unoccupied or the occupier is temporarily absent,
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.
An enforcement officer entering any premises by virtue of a warrant under this section may—
when entering the premises, bring any equipment which the officer considers necessary,
exercise any power conferred by section 97(2) or (4),
carry out on the premises any other inspections and examinations which the officer considers necessary for the purpose of determining whether there has been a relevant contravention, and
seize any item which is on the premises.
Where by virtue of subsection (4)(d) an enforcement officer seizes any item, the officer must leave on the premises from which the item was removed a statement giving details of what was seized and stating that the officer has seized it.
Any item seized by an enforcement officer by virtue of subsection (4)(d) may be retained for as long as the officer considers necessary for the purpose of determining whether there has been a relevant contravention.
In this section—
Section 4 of the Gangmasters (Licensing) Act 2004 (acting as a gangmaster) applies for the purposes of this section as it applies for the purposes of that Act.
For further provision about warrants under this section, see section 131 and Schedule 8.
Where it appears to the Secretary of State that— the Secretary of State may give a notice of underpayment to the liable party.
on any day (“the relevant day”), a sum in respect of— was due from a person (the “liable party”) to an individual (the “underpaid individual”) under or by virtue of a statutory pay provision (see subsection (7)), and
one or more periods ending before the relevant day, or
one or more events occurring before the relevant day,
any period for payment of that sum to be made has ended without the sum having been paid to the underpaid individual,
A notice of underpayment is a notice under this section requiring the liable party to pay the required sum to the underpaid individual before the end of the period of 28 days beginning with the day on which the notice is given. For the meaning of the “required sum”, see section 104.
Subsection (1) is subject to—
subsection (6), and
section 105 (period to which notice of underpayment may relate).
The Secretary of State may give a notice of underpayment to a person in respect of a sum that was due from the person on the relevant day whether or not the sum remains due at the time of the giving of the notice (see, in particular, section 107 (penalties for underpayment)).
But where all or part of that sum has been paid before the giving of the notice, the requirement imposed by the notice is, to that extent, to be treated as met.
The Secretary of State may not give a notice of underpayment in respect of any matter if—
proceedings have been brought about the matter by virtue of section 116 (power to bring proceedings in employment tribunal), and
the proceedings have not been finally determined or discontinued.
In this Part “statutory pay provision” means a provision of relevant labour market legislation that—
confers a right or entitlement to the payment of any sum to an individual, or
prohibits or restricts the withholding of payment of any sum to an individual.
For the purposes of section 103(2), the “required sum” is whichever is the greater of the following sums— This is subject to subsection (4).
the sum that was due to the underpaid individual on the relevant day;
in a case where regulations under subsection (2) apply, the sum determined in accordance with the regulations.
Regulations made by the Secretary of State may make provision for determining the sum required to be paid to an individual by a notice of underpayment in a case where the sum due to the individual on any day under or by virtue of a statutory pay provision would have been greater had that sum been determined by reference to the statutory pay provision as it has effect at the time of giving the notice of underpayment.
But regulations under subsection (2) may not make provision in relation to any provision of the National Minimum Wage Act 1998 (see instead section 17 of that Act).
If the required sum in respect of an underpaid individual would (in the absence of this subsection) be greater than the specified maximum for the statutory pay provision concerned, the required sum in respect of the underpaid individual is the specified maximum.
For the purposes of subsection (4) “the specified maximum”, in relation to a statutory pay provision, means an amount specified by, or determined in accordance with, regulations made by the Secretary of State.
Regulations under this section are subject to the affirmative resolution procedure.
A notice of underpayment may not relate to any sum that became due under or by virtue of a statutory pay provision before the beginning of the claim period.
The “claim period”, in relation to a notice of underpayment, is the period of six years ending with the day on which the notice is given.
The Secretary of State may by regulations amend this section so as to alter the length of the claim period.
Regulations under subsection (3)—
may specify different claim periods in relation to different statutory pay provisions;
may not provide for the claim period in relation to a notice of underpayment to be greater than the period of six years ending with the day on which the notice is given.
Regulations under subsection (3) are subject to the affirmative resolution procedure.
A notice of underpayment may relate to sums that became due before the coming into force of this section.
But a notice of underpayment may not relate to any sum that became due before the day on which this Act is passed.
Subsection (7) does not apply to a notice of underpayment so far as it relates to any sum due under section 17 of the National Minimum Wage Act 1998 (entitlement to additional remuneration for failure to pay at least the minimum wage).
See also section 112(3) (claim period for replacement notices of underpayment).
Where a notice of underpayment relates to more than one underpaid individual, the notice may identify the individuals by name or by description.
A notice of underpayment must specify, for each underpaid individual to whom it relates—
the relevant day in relation to the individual;
the sum due to the individual on that day and how that sum was calculated;
the period or periods, or event or events, in respect of which it was due;
the statutory pay provision under or by virtue of which it was due;
the fact that any period for payment of that sum to be made ended without the sum having been paid;
the required sum in respect of the individual and (if different from the sum mentioned in paragraph (b)) how that sum was calculated.
A notice of underpayment must require the liable party to pay a penalty to the Secretary of State. This is subject to section 108(1) (power to specify exceptions).
The penalty must be paid before the end of the period of 28 days beginning with the day on which the notice is given.
The amount of the penalty is the total of the amounts for each underpaid individual to whom the notice relates calculated in accordance with subsections (4) and (5) (but see subsection (6)).
The amount for each underpaid individual to whom the notice relates is 200% of the sum specified in the notice of underpayment as the sum due to the individual on the relevant day (see section 106(2)(b)).
But if the amount determined under subsection (4) for any underpaid individual would be more than £20,000, the amount for the individual taken into account in calculating the penalty is to be £20,000.
If a penalty calculated in accordance with subsection (3) would be less than £100, the amount of the penalty is to be £100.
The Secretary of State may by regulations amend this section—
so as to substitute a different percentage for a percentage for the time being specified in this section;
so as to substitute a different amount for an amount for the time being specified in this section;
so as to specify different percentages or amounts for different purposes.
Regulations under subsection (7) are subject to the affirmative resolution procedure.
The Secretary of State may by directions specify circumstances in which a notice of underpayment is not to impose a requirement to pay a penalty.
A direction under subsection (1) may be amended or revoked by a further direction.
A notice of underpayment that imposes a requirement to pay a penalty must—
specify the amount of the penalty,
state how that amount was calculated, and
specify the date by which the penalty must be paid.
In a case where a notice of underpayment imposes a requirement on a person to pay a penalty, if the person, before the end of the period of 14 days beginning with the day on which the notice is given— the person is to be regarded as having paid the penalty.
pays (or has paid) the required sum specified in the notice of underpayment, and
pays at least half the penalty,
Any penalty received by the Secretary of State in accordance with section 107 is to be paid into the Consolidated Fund.
Subsection (3) applies where—
the Secretary of State is proposing to give a notice of underpayment that imposes a requirement on a person to pay a penalty, and
it appears to the Secretary of State that—
relevant criminal proceedings have been brought, or
relevant criminal proceedings may be brought.
In this section “relevant criminal proceedings” means proceedings against the person for a labour market offence in respect of any act or omission to which the notice relates (“the relevant conduct”).
The notice of underpayment may contain provision suspending the requirement to pay the penalty until a notice terminating the suspension is given to the person under subsection (4).
The Secretary of State may give the person a notice terminating the suspension (a “penalty activation notice”) if it appears to the Secretary of State—
in a case referred to in subsection (1)(b)(i), that the proceedings have concluded without the person having been convicted of a labour market offence in respect of the relevant conduct, or
in a case referred to in subsection (1)(b)(ii)—
that relevant criminal proceedings will not be brought, or
that relevant criminal proceedings have concluded without the person having been convicted of a labour market offence in respect of the relevant conduct.
Where a penalty activation notice is given, the requirement to pay the penalty has effect as if the notice of underpayment had been given on the day on which the penalty activation notice was given.
The Secretary of State must give the person a notice withdrawing the requirement to pay the penalty if it appears to the Secretary of State that the person has been convicted of a labour market offence in respect of the relevant conduct.
A person to whom a notice of underpayment is given may appeal to a tribunal against any one or more of the following—
the decision to give the notice;
any requirement imposed by the notice to pay a sum to an individual;
any requirement imposed by the notice to pay a penalty.
An appeal under this section must be made before the end of the period of 28 days beginning with the day on which the notice is given.
An appeal under subsection (1)(a) may be made only on one or more of the following grounds—
that no sum was due to any individual to whom the notice relates on the specified day under or by virtue of the specified provision;
that, in the case of every sum specified in the notice as due to an individual to whom the notice relates, the sum had been paid before the end of the period mentioned in section 103(1)(b);
that, in the case of every sum specified in the notice as due to an individual to whom the notice relates, the sum was one to which a notice may not relate by virtue of subsection (1) or (7) of section 105 (period to which notice may relate).
An appeal under subsection (1)(b) in relation to an individual may be made only on one or more of the following grounds—
that, on the specified day, no sum was due to the individual under or by virtue of the specified provision;
that, in the case of any sum specified in the notice as due to the individual, the sum had been paid before the end of the period mentioned in section 103(1)(b);
that, in the case of any sum specified in the notice as due to the individual, the sum was one to which a notice may not relate by virtue of subsection (1) or (7) of section 105;
that the amount specified in the notice as the sum required to be paid to the individual is incorrect;
that, in the case of a replacement notice given under section 112, the notice contravenes subsection (2) of that section.
An appeal under subsection (1)(c) may be made only on one or more of the following grounds—
that the notice was given in circumstances specified in a direction under section 108(1);
that the amount of the penalty specified in the notice of underpayment has been incorrectly calculated (whether because the notice is incorrect in some of the particulars which affect that calculation or for some other reason).
Where the tribunal allows an appeal under subsection (1)(a), it must cancel the notice.
Where, in a case where subsection (6) does not apply, the tribunal allows an appeal under subsection (1)(b) or (c)—
the tribunal must rectify the notice, and
the notice of underpayment, as rectified, has effect as if it had been given on the day on which the tribunal makes its determination.
In this section—
In paragraph 93 (withdrawal of application), in sub-paragraph (1)(a), for “or 78(3)” substitute “, 78(3), 81E(4) or (5) or 81J(4) or (5)”.
The Employment Agencies Act 1973 (employment agencies and employment businesses).
Regulations under section 5 of that Act (conduct of employment agencies and businesses).
Where— the Secretary of State may withdraw it by giving a notice of withdrawal to the person.
a notice of underpayment has been given to a person (and not already withdrawn or cancelled), and
it appears to the Secretary of State that the notice incorrectly includes or omits any requirement or is incorrect in any particular,
Where a notice of underpayment given to a person is withdrawn and no replacement notice of underpayment is given in accordance with section 112—
any sum paid by or recovered from the person by way of penalty payable under the notice must be repaid to the person with interest at the appropriate rate running from the date when the sum was paid or recovered;
any appeal against the notice must be dismissed.
In subsection (2)(a) “the appropriate rate” means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838.
Where subsection (2) applies, the notice of withdrawal must indicate the effect of that subsection (but a failure to do so does not make the withdrawal ineffective).
If the Secretary of State— the Secretary of State may at the same time give a fresh notice of underpayment to the person (a “replacement notice”).
gives a notice of withdrawal to a person under section 111, and
is of the opinion referred to in section 103(1) in relation to any individual specified in the notice which is being withdrawn (“the original notice”),
The replacement notice may not relate to any individual to whom the original notice did not relate.
The claim period for a replacement notice (see section 105(1)) is the period— Accordingly, the replacement notice may relate to sums that became due after the day on which the original notice was given.
beginning with the claim period for the original notice, and
ending with the day on which the replacement notice is given.
The replacement notice must—
set out the differences between it and the original notice that it is reasonable for the Secretary of State to consider are material, and
explain the effect of section 113.
Failure to comply with subsection (4) does not make the replacement notice ineffective.
Where a replacement notice is withdrawn under section 111, no further replacement notice may be given under subsection (1) as a result of the withdrawal.
Nothing in this section affects any power that exists apart from this section to give a notice of underpayment in relation to any underpaid individual.
This section applies where a notice of underpayment is withdrawn under section 111 and a replacement notice is given in accordance with section 112.
If an appeal has been made under section 110 in respect of the original notice and the appeal has not been withdrawn or finally determined before the time when that notice is withdrawn—
that appeal (“the earlier appeal”) has effect after that time as if it had been made in respect of the replacement notice, and
the person given the notice may exercise the right of appeal under that section in respect of the replacement notice only if the earlier appeal is withdrawn.
If a sum was paid by or recovered from the person by way of penalty under the original notice—
an amount equal to that sum (or, if more than one, the total of those sums) is to be treated as having been paid in respect of the penalty imposed by the replacement notice, and
any amount by which that sum (or total) exceeds the amount of the penalty imposed by the replacement notice must be repaid to the person with interest at the appropriate rate running from the date when the sum (or, if more than one, the first of them) was paid or recovered.
In subsection (3)(b) “the appropriate rate” means the rate that, on the date mentioned in that provision, was specified in section 17 of the Judgments Act 1838.
In a case where it appears to the Secretary of State that the liable party has failed to comply with a requirement in a notice of underpayment to pay a sum to an underpaid individual, the Secretary of State may apply to the court for an order under this section.
An application under this section may be made only if—
the relevant 28-day period has ended, and
the liable party’s appeal rights are exhausted (see subsection (5)).
If, on an application under this section, the court is satisfied that— the court must order the liable party to pay the sum to the underpaid individual within the period specified in the order.
the notice was given to the liable party and has not been withdrawn, and
the liable party has failed to comply with a requirement imposed by the notice to pay a sum to an underpaid individual,
This section does not affect any right of an underpaid individual to recover any sums owed by the liable party to the individual.
For the purposes of this section, the liable party’s appeal rights are exhausted if—
the relevant 28-day period ended without an appeal being made under section 110 in respect of the notice,
any appeal made under that section by the liable party in respect of the notice has been withdrawn, or
any such appeal has been finally determined and the notice has not been cancelled under subsection (6) of that section.
In this section—
In England and Wales, a penalty is recoverable as if it were payable under an order of the county court.
In Scotland, a penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
In Northern Ireland, a penalty is recoverable as if it were payable under an order of a county court.
Where action is taken under this section for the recovery of a penalty, the penalty—
in relation to England and Wales, is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;
in relation to Northern Ireland, is to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.
In this section “penalty” means a penalty payable under a notice of underpayment.
In a case where— the Secretary of State may, in place of the worker, bring proceedings about the matter in an employment tribunal under the enactment.
a worker has the right under any enactment to bring proceedings about a matter in an employment tribunal in England and Wales or Scotland, and
it appears to the Secretary of State that the worker is not going to bring proceedings about that matter,
Subsection (1) does not apply to—
any right to bring proceedings about a matter in respect of which a notice of underpayment under section 103 has been given;
any right arising under or by virtue of the Agricultural Sector (Wales) Act 2014 (anaw 6) or the Agricultural Wages (Scotland) Act 1949.
Where by virtue of this section the Secretary of State brings proceedings in place of a worker—
the proceedings are to be proceeded with as if they had been brought by the worker, and
for the purposes of dealing with the proceedings, and any proceedings arising out of those proceedings, references to the worker in any enactment are to be read as including a reference to the Secretary of State.
But, despite subsection (3), any power which an employment tribunal dealing with the proceedings would have to make a declaration, decision, award or other order in favour of the worker if the worker had brought the proceedings continues to be exercisable in relation to the worker (not the Secretary of State).
Any appeal arising out of proceedings brought by the Secretary of State in place of a worker by virtue of this section may be brought by the worker as well as by the Secretary of State.
The Secretary of State is not liable to any worker for anything done (or omitted to be done) in, or in connection with, the discharge or purported discharge of the Secretary of State’s functions by virtue of this section.
For the purposes of this section—
any reference to a right to bring proceedings under an enactment is to such a right however expressed, and includes any right to present a complaint or make any other description of claim or application;
any reference to the Secretary of State includes an enforcement officer.
The Secretary of State may assist a person who is or may become party to civil proceedings in England and Wales or Scotland relating to employment or trade union law or the law of labour relations.
In giving assistance under this section the Secretary of State may provide or arrange for the provision of—
legal advice;
legal representation;
any other form of assistance.
But the Secretary of State may not provide, or arrange for the provision of, facilities for the settlement of a dispute.
Where proceedings relate or may relate partly to employment or trade union law or the law of labour relations (“employment-related matters”) and partly to other matters—
assistance may be given under this section in respect of any aspect of the proceedings, and
if the proceedings cease to relate to employment-related matters—
assistance may nevertheless continue to be given under this section in respect of the proceedings, but
the fact that assistance has been given under this section in respect of the proceedings does not require such assistance to continue to be given.
This section does not affect any restriction imposed in respect of representation—
by virtue of an enactment, or
in accordance with the practice of a court or tribunal.
A legislative provision which requires insurance or an indemnity in respect of advice given in connection with a settlement agreement does not apply to advice provided by the Secretary of State under this section.
Subsection (2) applies where—
the Secretary of State has assisted a person under section 117 in relation to proceedings, and
the person becomes entitled to some or all of the person’s costs or, in Scotland, expenses in the proceedings (whether as a result of an award or as a result of an agreement).
The Secretary of State’s expenditure in giving the assistance—
is to be charged on sums paid to the person by way of costs or expenses, and
may be enforced as a debt due to the Secretary of State.
A requirement to pay money to the Secretary of State under subsection (2) ranks, in England and Wales, after a requirement imposed by virtue of section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (statutory charge in connection with civil legal aid).
Subsection (2), in its application to Scotland, does not affect the operation of section 17(2A) of the Legal Aid (Scotland) Act 1986 (requirement in certain cases to pay to the Scottish Legal Aid Board sums recovered under awards of, or agreements as to, expenses).
For the purposes of subsection (2), the Secretary of State’s expenditure is to be calculated in accordance with such provision (if any) as the Secretary of State makes for the purpose by regulations.
Regulations under subsection (5) may, in particular, provide for the apportionment of expenditure incurred by the Secretary of State—
partly for one purpose and partly for another, or
for general purposes.
Regulations under subsection (5) are subject to the negative resolution procedure.
This section applies where the Secretary of State believes that a person has committed, or is committing, a labour market offence (see section 151).
The Secretary of State may give a notice to the person—
identifying the labour market offence which the Secretary of State believes has been or is being committed;
giving the Secretary of State’s reasons for the belief;
inviting the person to give the Secretary of State a labour market enforcement undertaking in the form attached to the notice.
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 120).
An LME undertaking may include a prohibition, restriction or requirement (each a “measure”) if, and only if—
the measure falls within subsection (2) or (3) (or both), and
the Secretary of State considers that the measure is just and reasonable.
A measure falls within this subsection if it is for the purpose of—
preventing or reducing the risk of the subject not complying with any requirement imposed by or under the relevant enactment, or
bringing to the attention of persons likely to be interested in the matter—
the existence of the LME undertaking,
the circumstances in which it was given, and
any action taken (or not taken) by the subject in order to comply with the undertaking.
A measure falls within this subsection if it is specified, or is of a description specified, in regulations made by the Secretary of State.
Regulations under subsection (3) are subject to the affirmative resolution procedure.
The Secretary of State may not— unless the Secretary of State believes that at least one measure in the undertaking is necessary for the purpose mentioned in subsection (6).
invite a person to give an LME undertaking, or
agree to the form of an undertaking,
That purpose is preventing or reducing the risk of the subject—
committing a further labour market offence under the relevant enactment, or
continuing to commit the labour market offence.
An LME undertaking must set out how each measure included for the purpose mentioned in subsection (2)(a) is expected to achieve that purpose.
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.
An LME undertaking has effect from—
the time when it is accepted by the Secretary of State, or
any later time specified in the LME undertaking for this purpose.
An LME undertaking has effect for the period specified in the LME undertaking.
The maximum period for which an LME undertaking may have effect is two years.
The Secretary of State may release the subject from an LME undertaking.
The Secretary of State must release the subject from an LME undertaking if at any time during the period for which it has effect the Secretary of State believes that no measure in it is necessary for the purpose mentioned in section 120(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—
the subject;
any other persons likely to be interested in the matter.
A notice may be given under section 119 to a person by—
delivering it to the person,
leaving it at the person’s proper address,
sending it by post to the person at that address, or
subject to subsection (6), sending it to the person by electronic means.
A notice to a body corporate may be given to any officer of that body.
A notice to a partnership may be given to any partner.
A notice to an unincorporated association (other than a partnership) may be given to any member of the governing body of the association.
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—
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;
in the case of a partnership or a partner, the address of the principal office of the partnership in the United Kingdom;
in the case of an unincorporated association (other than a partnership) or a member of its governing body, the principal office of the association in the United Kingdom.
A notice may be sent to a person by electronic means only if—
the person has indicated that notices under section 119 may be given to the person by being sent to an electronic address and in an electronic form specified for that purpose, and
the notice is sent to that address in that form.
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.
In this section—
The appropriate court may, on an application by the Secretary of State under section 124, make a labour market enforcement order in relation to a person if the court—
is satisfied, on the balance of probabilities, that the person has committed, or is committing, a labour market offence, and
considers that it is just and reasonable to make the order.
A labour market enforcement order (an “LME order”) is an order which— (See also section 126.)
prohibits or restricts the person in relation to whom it is made (the “respondent”) from doing anything set out in the order;
requires the respondent to do anything set out in the order.
An application for an LME order under this section is—
in England and Wales, to be made by complaint;
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)).
In this section “the appropriate court”—
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;
in a case where that conduct took place, or is taking place, primarily in Scotland, means the sheriff or a summary sheriff;
in a case where that conduct took place, or is taking place, primarily in Northern Ireland, means a court of summary jurisdiction.
The Secretary of State may apply for an LME order to be made under section 123 in relation to a person (the “proposed respondent”) if—
the Secretary of State has given the proposed respondent a notice under section 119, and
the proposed respondent—
refuses to give an LME undertaking, or
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.
The Secretary of State may also apply for an LME order if the proposed respondent—
has given an LME undertaking to the Secretary of State, and
has failed to comply with the undertaking.
In subsection (1) “the negotiation period” means—
the period of 14 days beginning with the day after the day on which the notice mentioned in paragraph (a) of that subsection was given, or
a longer period agreed between the Secretary of State and the proposed respondent.
This section applies where a court deals with a person in respect of a conviction for a labour market offence.
The court may make an LME order in relation to the person if the court considers it is just and reasonable to do so.
An LME order must not be made under this section except—
in addition to a sentence imposed in respect of the offence concerned, or
in addition to an order discharging the person conditionally or, in Scotland, discharging the person absolutely.
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).
A measure falls within this subsection if it is for the purpose of—
preventing or reducing the risk of the respondent not complying with any requirement imposed by or under the relevant enactment, or
bringing to the attention of persons likely to be interested in the matter—
the existence of the LME order,
the circumstances in which it was made, and
any action taken (or not taken) by the respondent in order to comply with the order.
A measure falls within this subsection if it is specified, or is of a description specified, in regulations made by the Secretary of State.
Regulations under subsection (3) are subject to the affirmative resolution procedure.
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.
In this section “the relevant enactment” means the enactment under which the labour market offence concerned has been or is being committed.
An LME order has effect for the period specified in the LME order.
The maximum period for which an LME order may have effect is two years.
An LME order may not be made against an individual who is under the age of 18.
If a court makes an LME order, the court may also—
release the respondent from any LME undertaking given in relation to the labour market offence concerned;
discharge any other LME order which is in force against the respondent and which was made by—
that court, or
any other court in the same part of the United Kingdom as that court.
On an application under this section, the appropriate court may by order vary or discharge an LME order.
An application for the variation or discharge of an LME order may be made by—
the respondent, or
the Secretary of State.
An application for an order under this section is—
in England and Wales, to be made by complaint;
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)).
In this section “the appropriate court”—
in the case of an LME order made in England and Wales (whether made under section 123 or 125), means a magistrates’ court;
in the case of an LME order made in Scotland, means the sheriff or a summary sheriff;
in the case of an LME order made in Northern Ireland, means a court of summary jurisdiction.
A respondent may appeal against—
the making of an LME order under section 123;
the making of, or refusal to make, an order under section 128.
An appeal under subsection (1) is to be made—
where the order was made or refused by a magistrates’ court in England and Wales, to the Crown Court;
where the order was made or refused by the sheriff or a summary sheriff, to the Sheriff Appeal Court;
where the order was made or refused by a court of summary jurisdiction in Northern Ireland, to a county court.
On an appeal under subsection (1), the court hearing the appeal—
may make such orders as may be necessary to give effect to its determination of the appeal, and
may also make any incidental or consequential orders that appear to it to be just and reasonable.
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 128.
A respondent may appeal against the making of an LME order under section 125 as if the order were a sentence passed on the respondent for the labour market offence.
This section applies where a person is proposing to exercise—
any enforcement function of the Secretary of State;
any power of an enforcement officer, other than a power by virtue of section 116 (power to bring proceedings in employment tribunal).
The person must, if required to do so, produce identification showing that the person is authorised to exercise that function.
A warrant under section 98 or 102 may be executed by any enforcement officer.
A warrant under section 98 or 102 may authorise persons to accompany any enforcement officer who is executing it.
A person authorised under subsection (2) to accompany an enforcement officer may exercise any power conferred by this Part which the officer may exercise as a result of the warrant.
But the person may exercise such a power only in the company of, and under the supervision of, an enforcement officer.
Schedule 8 contains further provision about—
applications for warrants under section 98 or 102, and
warrants issued under section 98 or 102.
The entry of premises under a warrant issued under section 98 or 102 is unlawful unless it complies with the provisions of Part 3 of that Schedule (execution of warrants).
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—
in proceedings in the High Court on the grounds of legal professional privilege, or
in proceedings in the Court of Session on the grounds of confidentiality of communications.
In subsection (1) “communications” means—
communications between a professional legal adviser and the adviser’s client, or
communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings.
This section applies where a person provides information in response to a requirement under section 96.
In any criminal proceedings against the person—
no evidence relating to the information may be adduced by or on behalf of the prosecution, and
no question relating to the information may be asked by or on behalf of the prosecution.
Subsection (2) does not apply if, in the proceedings—
evidence relating to the information is adduced by or on behalf of the person providing it, or
a question relating to the information is asked by or on behalf of that person.
Subsection (2) does not apply if the proceedings are for—
an offence under section 140 (providing false information or documents);
an offence under section 5 of the Perjury Act 1911 (false statutory declarations and other false statements without oath);
an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations);
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).
A power conferred by section 96 or 97 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.
A power of entry conferred by this Part may not be exercised in relation to any premises (or any part of premises) used for the purposes of an intelligence service unless the Secretary of State certifies that the condition in subsection (3) is met in relation to the power.
The condition in this subsection is met in relation to a power if the Secretary of State is satisfied that the exercise of the power will not be contrary to the public interest or prejudicial to—
national security,
the prevention or detection of serious crime, or
the economic well-being of the United Kingdom.
A certificate issued under this section in relation to a power may impose conditions on the exercise of the power.
Except as provided for by subsection (1), nothing in this Part requires any person to—
produce any document containing intelligence service information, or
provide any information that is intelligence service information.
For the purposes of this section—
“crime” means conduct which—
constitutes a criminal offence, or
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;
crime is “serious” if—
the offence which is or would be constituted by the conduct is an offence for which the maximum sentence (in any part of the United Kingdom) is imprisonment for three years or more, or
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;
“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.
In this section—
A person may disclose information to an enforcing authority if the disclosure is made for the purposes of the exercise of an enforcement function or a civil proceedings function.
Information obtained by an enforcing authority in connection with the exercise of an enforcement function or a civil proceedings function—
may be used by an enforcing authority in connection with the exercise of an enforcement function or civil proceedings function;
may be used by the Secretary of State in connection with a function of the Secretary of State under this Part.
The Secretary of State may disclose to a person any information obtained by an enforcing authority in connection with the exercise of an enforcement function or a civil proceedings function if the disclosure is made for a purpose connected with an enforcement function or civil proceedings function or a function of the Secretary of State under this Part.
The Secretary of State may disclose to a person specified in Schedule 9 information obtained in connection with the exercise of an enforcement function or a civil proceedings function if the disclosure is made for the purposes of the exercise of a function of the person.
The Secretary of State may by regulations amend Schedule 9.
Regulations under subsection (6) are subject to the affirmative resolution procedure.
Sections 136 to 138 contain further provision about disclosure of information under this section.
A disclosure of information which is authorised by section 135 does not breach—
an obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
But nothing in section 135 authorises either of the following—
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);
the making of a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
In subsection (2) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
Section 135 does not limit the circumstances in which information may be disclosed apart from that section.
HMRC information may not be disclosed by an enforcing authority without authorisation from the Commissioners for His Majesty’s Revenue and Customs (“the Commissioners”).
If an enforcing authority has disclosed HMRC information to a person, that person may not further disclose that information without authorisation from the Commissioners.
Subsections (1) and (2) do not apply to national minimum wage information.
If a person contravenes subsection (1) or (2) by disclosing revenue and customs information relating to a person whose identity— section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.
is specified in the disclosure, or
can be deduced from it,
In this section—
“HMRC information” means information disclosed to an enforcing authority under section 135 by the Commissioners or a person acting on behalf of the Commissioners;
Section 135(2) does not authorise a person to disclose information to an enforcing authority where— But this does not affect the disclosures which a person serving in an intelligence service may make in accordance with intelligence service disclosure arrangements (see subsection (4)).
the person is serving in an intelligence service, or
the information is intelligence service information.
Intelligence service information may not be disclosed by an enforcing authority without authorisation from the appropriate service chief.
If an enforcing authority has disclosed intelligence service information to a person, that person may not further disclose that information without authorisation from the appropriate service chief.
In this section—
In the Insolvency Act 1986, in Schedule 6 (categories of preferential debts), in paragraph 13(2), before paragraph (a) insert—.
Paragraph 24 (notice of holding of ballot) is amended as follows. In sub-paragraph (1), after “paragraph” insert “19O(5),”. In sub-paragraph (5)— In sub-paragraph (6)—
Section 1 of the National Minimum Wage Act 1998 (entitlement to the national minimum wage).
Section 147(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (employer’s liability to pay statutory sick pay).
A worker who joined the bargaining unit after the application day is not eligible to vote in the ballot.
Regulations under section 9 of that Act (duty of employers to keep records).
Regulations under section 149(5)(b) of that Act (requirement to provide statement about entitlement).
Paragraph 26 (duties of employer in relation to ballot) is amended as follows. In sub-paragraph (1), omit “five”. In sub-paragraph (2)— Omit sub-paragraph (3). In sub-paragraph (4)— If the ballot is being held by virtue of paragraph 19O(5), the duty under sub-paragraph (4)(a) is limited to— Omit sub-paragraphs (4A) to (4E), (4G), (8) and (9).
Section 10 of that Act (worker’s right of access to records).
After paragraph 27 insert—
Regulations under section 12 of that Act (employer to provide worker with national minimum wage statement).
Omit paragraphs 27A to 27F (unfair practices during ballot).
Section 17 of that Act (non-compliance: worker entitled to additional remuneration).
Paragraph 28 (costs of ballot) is amended as follows. If the ballot is one to which a notice under paragraph 19O(5) relates, the gross costs of the ballot are to be borne by such of the parties and in such proportions as the CAC may determine. In sub-paragraph (2), for “The gross costs” substitute “If the ballot is one to which a notice under paragraph 22(3) or 23(2) relates, the gross costs”. In sub-paragraph (4), for “the employer and the union (or each of the unions)” substitute “the party or parties required to bear the costs”.
Section 23 of that Act (right not to suffer detriment).
Paragraph 29 (result of ballot) is amended as follows. The CAC must act under this paragraph as soon as reasonably practicable after— The complaint period is the period of 5 working days starting with the day after— The duty in sub-paragraph (1) does not apply— 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. Omit sub-paragraphs (5) to (7).
Section 31 of that Act (offences).
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.
A person guilty of an offence under this section is liable—
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both;
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum, or both;
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.
A person commits an offence if—
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,
the information or document is false in a material respect, and
the person knows that it is or is reckless as to whether it is.
A person guilty of an offence under this section is liable—
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;
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;
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale, or both.
In subsection (2)(a) “the maximum term for summary offences” means—
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;
in the case of an offence committed after that time, 51 weeks.
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 140 (offence of providing false information or documents).
The Secretary of State may issue a certificate in relation to a person for the purposes of this section only if satisfied that it is necessary for the person to engage in conduct amounting to such an offence—
in the interests of national security,
for the purposes of preventing or detecting serious crime, or
in the interests of the economic well-being of the United Kingdom.
A certificate under this section may be revoked by the Secretary of State at any time.
For the purposes of subsection (2)(b)—
“crime” means conduct which—
constitutes a criminal offence, or
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
crime is “serious” if—
the offence which is or would be constituted by the conduct is an offence for which the maximum sentence (in any part of the United Kingdom) is imprisonment for three years or more, or
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.
A person commits an offence if the person—
intentionally obstructs a person who is acting in the exercise of an enforcement function, or
without reasonable excuse, fails to comply with any requirement imposed by a person who is acting in the exercise of an enforcement function.
In subsection (1) “enforcement function” means—
an enforcement function of the Secretary of State, or
a power of an enforcement officer, other than a power by virtue of section 116 (power to bring proceedings in employment tribunal).
A person guilty of an offence under this section is liable—
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;
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;
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale, or both.
In subsection (3)(a) “the maximum term for summary offences” means—
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;
in the case of an offence committed after that time, 51 weeks.
Nothing in this section requires a person to answer any question or give any information if to do so might incriminate that person.
The Secretary of State may by regulations make provision requiring a relevant person, or a relevant person of a specified description, to pay a charge as a means of recovering any enforcement costs incurred in relation to the person.
For the purposes of this section—
After section 4D (inserted by paragraph 9 of this Schedule) insert—
Paragraph 67 (admissibility of applications: employer or union believes bargaining unit no longer appropriate) is amended as follows. In sub-paragraph (2)(c), at the end insert “(but see sub-paragraph (3)).” In a case where the application was received by the CAC before the end of the period of 3 years starting with the day on which the declaration referred to in paragraph 64(1)(a) was issued, the CAC must disregard the matter specified in sub-paragraph (2)(c).
Paragraph 86 (new bargaining unit: assessment of support) is amended as follows. 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. In sub-paragraph (3), for “one or both of the questions in the negative” substitute “that members of the union (or unions) do not constitute at least the required percentage of the workers constituting the new unit”.
After paragraph 116G (inserted by paragraph 47 of this Schedule) insert—
After paragraph 146 insert—
Paragraph 70 (determination of bargaining unit by CAC) is amended as follows. In sub-paragraph (3)(c), at the end insert “(but see sub-paragraph (3A)).” In a case where the application was received by the CAC before the end of the period of 3 years starting with the day on which the declaration referred to in paragraph 64(1)(a) was issued, the CAC may not take into account the matter specified in sub-paragraph (3)(c).
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).
After paragraph 146A (inserted by paragraph 62 of this Schedule) insert—
In paragraph 75 (questions for CAC to decide where employer believes bargaining unit has ceased to exist), in sub-paragraph (3)(c), at the end insert “(but see paragraph 77(4A)).”
This paragraph applies if—
Paragraph 147 (ballot on derecognition) is amended as follows. In sub-paragraph (1), for “and (2)” substitute “, (2) and (4)”. In sub-paragraph (2)—
In a case where the copy of the notice given to the CAC by the employer under paragraph 74(1) was received by the CAC before the end of the period of 3 years starting with the day on which the declaration referred to in paragraph 64(1)(a) was issued, in deciding whether the original unit is no longer appropriate the CAC must disregard the matter specified in paragraph 75(3)(c).
Paragraph 89 (ballots) is amended as follows. In sub-paragraph (4), at the end insert “, but as if paragraph 25(1A) were omitted.” In sub-paragraph (5)— In sub-paragraph (8), for “or 27D(3)” substitute “, 81E(4) or 81J(4)”. In sub-paragraph (9), for “27D(4)” substitute “81E(5) or 81J(5)”.
Regulations under this section may—
provide that the amount of a charge is—
a fixed amount, or
an amount calculated by reference to an hourly rate;
provide for the amount of the charge to be determined by the Secretary of State in accordance with the regulations.
The regulations may in particular—
provide that the amount of a charge is to be determined by the Secretary of State in accordance with a scheme made and published by the Secretary of State, and
make provision about such schemes, including the principles governing such schemes.
The provision that may be made by regulations under this section includes, among other things—
provision for charges to be payable only in specified circumstances;
provision about reductions, exemptions and waivers;
provision about how and when charges are to be paid;
provision about the collection or recovery of payments;
provision for the charging of interest on unpaid charges;
provision about the resolution of disputes relating to the payment of charges, including provision for the making of appeals to a court or tribunal.
Regulations under this section are subject to the negative resolution procedure.
If an offence under this Part committed by a body corporate is proved— the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of an officer of the body, or
to be attributable to any neglect on the part of such an officer,
In subsection (1) “officer”, in relation to a body corporate, means—
a director, manager, secretary or other similar officer of the body;
a person purporting to act in any such capacity.
If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
If an offence under this Part committed by a partner (“P”) of a partnership which is not regarded as a legal person is shown— that other partner, as well as P, is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of another partner, or
to be attributable to any neglect on the part of another partner,
Proceedings for an offence under this Part alleged to have been committed by a partnership which is regarded as a legal person may be brought against the partnership in the firm name.
For the purposes of such proceedings—
rules of court relating to the service of documents have effect as if the partnership were a body corporate, and
the following provisions apply as they apply in relation to a body corporate—
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980;
sections 34(2), 66(6AA) and 72D(2) of the Criminal Procedure (Scotland) Act 1995;
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)).
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.
If an offence under this Part committed by a partnership is proved— the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of a partner, or
to be attributable to any neglect on the part of a partner,
In subsections (1) and (5) “partner” includes a person purporting to act as a partner.
For the purposes of this section a partnership is, or is not, “regarded as a legal person” if it is, or is not, so regarded under the law of the country or territory under which it was formed.
In a case falling within subsection (2), an unincorporated association is to be treated as a legal person for the purposes of this Part.
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.
Proceedings for an offence under this Part alleged to have been committed by an unincorporated association may be brought against the association in the name of the association.
For the purposes of such proceedings—
rules of court relating to the service of documents have effect as if the association were a body corporate, and
the following provisions apply as they apply in relation to a body corporate—
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980;
sections 34(2), 66(6AA) and 72D(2) of the Criminal Procedure (Scotland) Act 1995;
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)).
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.
If an offence under this Part committed by an unincorporated association is proved— the officer, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of an officer of the association, or
to be attributable to any neglect on the part of such an officer,
In subsection (6) “officer”, in relation to any association, means—
an officer of the association or a member of its governing body;
a person purporting to act in such a capacity.
Subject to the provisions of section 134 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.
In this section “Crown premises” means premises held, or used, by or on behalf of the Crown.
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.
Despite subsection (3), the provisions of this Part apply to persons in the public service of the Crown as they apply to other persons.
If the Secretary of State certifies that it appears appropriate in the interests of national security that powers of entry conferred by this Part should not be exercisable in relation to Crown premises specified in the certificate, those powers are not exercisable in relation to those premises.
No power of entry conferred by this Part may be exercised in relation to—
land belonging to His Majesty in right of His private estates, or
premises occupied for the purposes of either House of Parliament.
In subsection (6)(a), the reference to His Majesty’s private estates is to be read in accordance with section 1 of the Crown Private Estates Act 1862.
The following are abolished—
the Gangmasters and Labour Abuse Authority;
the Director of Labour Market Enforcement.
Accordingly—
in the Gangmasters (Licensing) Act 2004, omit section 1 (the Gangmasters and Labour Abuse Authority);
in Part 1 of the Immigration Act 2016 (labour market and illegal working), omit section 1 (Director of Labour Market Enforcement).
Schedule 10 contains consequential amendments relating to this Part.
Part 1 of Schedule 11 contains provision for the making of schemes for the transfer of staff, property, rights and liabilities from the Gangmasters and Labour Abuse Authority and the Director of Labour Market Enforcement to the Secretary of State.
Part 2 of that Schedule contains other transitional and saving provision for the purposes of this Part.
For the purposes of this Part, each of the following constitutes “non-compliance with relevant labour market legislation”—
failure to comply with any requirement, restriction or prohibition imposed by or under a provision of relevant labour market legislation;
breach of a condition of a licence granted under section 7 of the Gangmasters (Licensing) Act 2004;
the commission of a labour market offence.
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.
In this Part—
In this Part “employer” means any of the following—
an employer within the meaning of section 230(4) of the Employment Rights Act 1996 or Article 3(4) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16));
a person who is an employer for the purposes of Part 4A of the Employment Rights Act 1996 in relation to a worker mentioned in section 43K(2) of that Act;
a person who is an employer for the purposes of Part 5A of the Employment Rights (Northern Ireland) Order 1996 in relation to a worker mentioned in Article 67K(2) of that Order;
a person who is the principal for the purposes of section 47A or 63A of the Employment Rights Act 1996 or Article 70A or 91A of the Employment Rights (Northern Ireland) Order 1996 (right to time off for young person for study or training);
a person who is—
an employer for the purposes of Chapter 3 or 4 of Part 2A of the Employment Rights Act 1996 (zero hours workers) by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act,
an employer in relation to a zero hours arrangement within the meaning of Part 2A of that Act (see section 27BZ2(1) of that Act), or
an employer in relation to a non-contractual zero hours arrangement within the meaning of Article 59A of the Employment Rights (Northern Ireland) Order 1996;
in relation to an individual who is an agency worker within the meaning of Part 2A of the Employment Rights Act 1996—
a person who is the hirer within the meaning of any Part of Schedule A1 to that Act (agency workers: guaranteed hours and rights relating to shifts);
a work-finding agency within the meaning of Schedule A1 to that Act (see section 27BV(4) of that Act);
a relevant person within the meaning of section 47I of that Act (agency workers and Schedule A1 rights);
in relation to an individual who is an agency worker within the meaning of the Agency Workers Regulations 2010 (S.I. 2010/93) or the Agency Workers Regulations (Northern Ireland) 2011 (S.R. (N.I.) 2011 No. 350)—
the hirer within the meaning of the relevant Regulations;
(where the worker is not actually employed by the temporary work agency) the temporary work agency within the meaning of the relevant Regulations;
in relation to an individual seeking to be employed by a person as a worker, that person.
In this Part “premises” includes any place and, in particular, includes—
any vehicle, vessel, aircraft or hovercraft;
any tent or movable structure;
any offshore installation;
any renewable energy installation.
In subsection (3)—
In this Part “worker” means any of the following—
a worker within the meaning of section 230(3) of the Employment Rights Act 1996 or Article 3(3) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16));
an individual who is not a worker as defined by section 230(3) of the Employment Rights Act 1996 but who is a worker for the purposes of Part 4A of that Act (see section 43K(1) of that Act);
an individual who is not a worker as defined by Article 3(3) of the Employment Rights (Northern Ireland) Order 1996 but who is a worker for the purposes of Part 5A of that Order (see Article 67K(1) of that Order);
an individual who—
is a worker for the purposes of Chapter 3 or 4 of Part 2A of the Employment Rights Act 1996 (zero hours workers) by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act,
works under a zero hours arrangement within the meaning of Part 2A of that Act (see section 27BZ2(1) of that Act), or
works under a non-contractual zero hours arrangement within the meaning of Article 59A of the Employment Rights (Northern Ireland) Order 1996;
an individual who is an agency worker within the meaning of Part 2A of the Employment Rights Act 1996;
an individual who is an agency worker within the meaning of the Agency Workers Regulations 2010 (S.I. 2010/93) or the Agency Workers Regulations (Northern Ireland) 2011 (S.R. (N.I.) 2011 No. 350);
an individual seeking to be employed by a person as a worker.
Schedule 12 makes amendments for the purpose of increasing time limits for making claims in employment tribunals in Great Britain (and, in certain cases, industrial tribunals in Northern Ireland) from three months to six months.
In section 236 of the Employment Rights Act 1996 (orders and regulations), after subsection (4) insert—
The Secretary of State may by regulations make provision that is consequential on any provision made by this Act.
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.
In this section “primary legislation” means—
an Act of Parliament;
a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru;
an Act of the Scottish Parliament;
Northern Ireland legislation.
Regulations under this section that amend or repeal any primary legislation are subject to the affirmative resolution procedure.
Any other regulations under this section are subject to the negative resolution procedure.
The Secretary of State may by regulations make such transitional or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
Regulations under this section may (among other things)—
make provision in addition to, or different from, that made by this Act;
make any adaptations of any provisions of this Act brought into force that appear to be appropriate in consequence of other provisions of this Act not yet having come into force.
Any power of the Secretary of State or the Welsh Ministers to make regulations under this Act is exercisable by statutory instrument.
For provision about the making of regulations under this Act by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (which provides for such regulations to be made by Scottish statutory instrument).
Regulations under this Act may—
make different provision for different purposes or different areas;
contain supplementary, incidental, consequential, transitional or saving provision.
Subsection (3) does not apply to regulations under section 159 (see instead subsection (4) of that section).
Where regulations under this Act are subject to the “negative resolution procedure”—
in the case of regulations of the Secretary of State, the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament;
in the case of regulations of the Welsh Ministers, the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of Senedd Cymru;
in the case of regulations of the Scottish Ministers, the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
Where regulations under this Act are subject to the “affirmative resolution procedure”—
in the case of regulations of the Secretary of State, the regulations may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament;
in the case of regulations of the Welsh Ministers, the regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru;
in the case of regulations of the Scottish Ministers, the regulations are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
Any provision that may be included by a person in an instrument under this Act subject to the negative resolution procedure may be made by the person by regulations subject to the affirmative resolution procedure.
There is to be paid out of money provided by Parliament—
any expenditure incurred under or by virtue of this Act by a person holding office under His Majesty or by a government department, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
Except as set out below—
Parts 1, 2 and 4 of this Act extend to England and Wales and Scotland;
in Part 3—
Chapter 1 extends to England and Wales;
Chapter 2 extends to England and Wales and Scotland;
Chapter 3 extends to England and Wales, Scotland and Northern Ireland;
Part 5 and this Part extend to England and Wales, Scotland and Northern Ireland.
Sections 12 and 13 (statutory sick pay in Northern Ireland) extend to Northern Ireland only.
Section 32 (public sector outsourcing: protection of workers) extends to England and Wales, Scotland and Northern Ireland.
Except as set out in subsection (5), an amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision amended, repealed or revoked.
In Schedule 12 (increase in time limits for making claims)—
the amendments made by paragraph 9(3) and (4) extend to Northern Ireland only;
the amendments made by paragraphs 10, 12 and 13 extend to England and Wales and Scotland only.
The following provisions of this Act come into force on the day on which this Act is passed—
section 19 (review of extent of right to time off for public duties);
section 37 (guidance about the employment of children on heritage railways);
section 78 (repeal of provision about minimum service levels);
sections 154 to 158, this section and section 160.
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—
section 61 (political funds: requirement to pass political resolution);
section 62 (requirement to contribute to political fund);
section 63 (deduction of trade union subscriptions from wages in public sector);
section 66 (facility time: publication requirements and reserve powers);
section 67 (blacklists: additional powers);
section 69 (industrial action ballots: support thresholds);
section 70 (industrial action ballots: information to be included in notices to employers);
section 71 (industrial action ballots: information to be included on voting paper);
section 72 (period after which industrial action ballot ceases to be effective);
section 73 (electronic balloting);
section 74 (notice to employers of industrial action);
section 75 (union supervision of picketing);
section 80 (union annual returns: removal of provision about political expenditure);
section 82 (Certification Officer: removal of investigatory powers);
section 83 (Certification Officer: powers to be exercised only on application);
section 84 (Certification Officer: removal of power to impose financial penalties);
section 86 (Certification Officer: appeals to the Employment Appeal Tribunal);
section 87 (employment outside Great Britain);
section 89 (devolved Welsh authorities).
The other provisions of this Act come into force in accordance with regulations made by the Secretary of State.
Regulations under subsection (3) may make different provision for different purposes or different areas.
In deciding whether and when to make regulations under subsection (3) bringing section 68 (industrial action ballots: turnout threshold) into force for any purpose, the Secretary of State must have regard to what effect any provision made after this Act is passed for industrial action ballots to be conducted otherwise than by post has had, or is expected to have, on the proportion of those eligible to vote in such ballots doing so.
The Secretary of State may not make regulations under subsection (3) bringing section 68 into force for any purpose unless the Secretary of State has laid before Parliament a statement as to how the Secretary of State has had regard to any such effect.
In subsection (5) “industrial action ballot” means a ballot for the purposes of section 226 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ballots on industrial action).
This Act may be cited as the Employment Rights Act 2025.
Schedule 4 contains provision establishing the School Support Staff Negotiating Body.
For the purposes of this Chapter, the Secretary of State may by regulations provide for there to be a body in England known as the Adult Social Care Negotiating Body for England.
For the purposes of this Chapter, the Welsh Ministers may, with the agreement of the Secretary of State, by regulations provide for there to be a body in Wales known as the Social Care Negotiating Body for Wales.
For the purposes of this Chapter, the Scottish Ministers may, with the agreement of the Secretary of State, by regulations provide for there to be a body in Scotland known as the Social Care Negotiating Body for Scotland.
Any power of the Welsh Ministers or the Scottish Ministers to make regulations under the remaining provisions of this Chapter may not be exercised without the agreement of the Secretary of State.
In this Chapter—
“the appropriate authority” has the meaning given by section 39(5);
a contract of employment, or
Section 4 Before Schedule 1 to the Employment Rights Act 1996 insert—
Section 6
Section 25(5)
Section 38
In the Education Act 2002, after Part 8 insert—
In the Education Act 2002, after Schedule 12 insert—
Section 56
The Seafarers’ Wages Act 2023 (“the Act”) is amended in accordance with paragraphs 2 to 23.
The Seafarers’ Wages Act 2023 may be cited as the Seafarers (Wages and Working Conditions) Act 2023. For the words “Seafarers’ Wages Act 2023” wherever they occur in any enactment substitute “Seafarers (Wages and Working Conditions) Act 2023”.
Execution of a warrant must be within three months from the date of its issue.
An enforcement officer who enters premises under a warrant must take reasonable steps to ensure that when the officer leaves the premises they are as secure as they were before the officer entered.
After section 4G (inserted by paragraph 10 of this Schedule) insert—Part 4.
For the italic heading before section 3 substitute—Chapter 2.
After paragraph 19L (inserted by paragraph 9 of this Schedule) insert—
Paragraph 35 (admissibility of applications: existing collective agreement) is amended as follows. For the purposes of sub-paragraph (1), any worker who joined the relevant bargaining unit after the application day is to be disregarded. In applying sub-paragraph (1) an agreement for recognition (the agreement in question) must be ignored if— The period of reflection is the period of 20 working days starting with the first day after the end of— The restricted period is the period—
In relation to an application under paragraph 11 or 12, a reference to the application day is to the day on which the CAC receives the application.
In paragraph 52 (voluntary recognition), in sub-paragraph (3)(f), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5)”.
In paragraph 17 (notice to cease consideration of application), in sub-paragraph (3)(a), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5)”.
In section 5 (offence of operating service inconsistently with declaration)—
in subsection (1)—
for “service to which this Act applies” substitute “relevant service”;
in paragraph (a), for “an equivalence declaration” substitute “a declaration”;
in subsections (2), (3) and (4), omit “equivalence”.
In section 3 (request for declaration)—
in the heading, after “for” insert “equivalence”;
in subsection (1)—
for “Act applies” substitute “Chapter applies (see subsection (4A))”;
at the end insert “(see section 19 for the meaning of “relevant year”)”;
after subsection (4) insert—;
omit subsections (5) and (6).
An application under paragraph 11 or 12 is not admissible unless the CAC decides that members of the union (or unions) constitute at least the required percentage (see paragraph 171B) of the workers constituting the relevant bargaining unit. For the purposes of sub-paragraph (1), any worker who joined the relevant bargaining unit after the application day is to be disregarded.
Section 6 (imposition of surcharges: failure to provide declaration in time) is amended as follows. In subsection (1)(a)— In subsection (1)(b), for “an equivalence declaration” substitute “the requested declaration”. In subsection (2)(b)(ii), for “an equivalence declaration” substitute “the requested declaration”. In subsection (3)(b)(ii), for “an equivalence declaration” substitute “the requested declaration”. In subsection (5)(a), for “an equivalence declaration” substitute “the requested declaration”. (whichever applies). In subsection (6)—
In section 4 (nature of declaration)—
in the heading, after “of” insert “equivalence”;
after subsection (5) insert—;
omit subsections (6) to (10).
Paragraph 38 (admissibility of applications: overlapping bargaining unit) is amended as follows. In sub-paragraph (1)(d)— For the purposes of sub-paragraph (2)(a), any worker who joined the relevant bargaining unit or the bargaining unit referred to in sub-paragraph (1) after the application day is to be disregarded.
In section 7 (imposition of surcharges: in-year declaration that is prospective only), in subsection (1)—
in paragraph (a)—
for “service to which this Act applies” substitute “relevant service”;
for “an equivalence declaration” substitute “a declaration”;
in paragraph (b), for “3(5)” substitute “16A(1)”;
(whichever applies).
In paragraph 39 (admissibility of applications: same bargaining unit), in sub-paragraph (5), after “40” insert “, 40A”.
Section 8 (imposition of surcharges: operating inconsistently with declaration) is amended as follows. In subsection (1)(a)— In subsection (3), after “equivalence declaration” insert “, remuneration declaration or safe working declaration (as the case may be)”. In subsection (4)(a)— In subsection (6), after “equivalence declaration” insert “, remuneration declaration or safe working declaration (as the case may be)”.
In paragraph 40 (admissibility of applications: union not entitled to be recognised), in sub-paragraph (1)—
for “27D(4)” substitute “19K(5), 19P(5)”;
omit the words from “; and this is so” to the end.
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”.
After paragraph 40 insert—
Section 12 (provision of information by operators) is amended as follows. In subsection (1)— In subsection (2)— In subsection (5), for “service to which this Act applies” substitute “relevant service”.
In paragraph 41 (admissibility of applications: union required to cease bargaining arrangements), in sub-paragraph (1)—
for “119D(4), 119H(5)” substitute “116E(5), 116K(5)”;
for “the ballot concerned is arranged” substitute “the declaration is issued”.
In section 13 (provision of information by harbour authorities), in subsection (2)(b), omit “equivalence”.
In section 14 (inspections), in subsection (2)—
in paragraph (a), for “service to which this Act applies” substitute “relevant service”;
in paragraphs (a) and (b), for “an equivalence declaration” substitute “a declaration”.
Section 60
Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with Parts 2 to 5 of this Schedule.
Part 6 of this Schedule contains consequential amendments to the Employment Relations Act 2004.
After paragraph 171A insert—
The Employment Relations Act 2004 is amended as follows. In section 9— Omit section 10. Omit section 13. In paragraph 23 of Schedule 1—
Section 90(1)
The Secretary of State may by regulations amend Part 1 of this Schedule in order to— Regulations under this paragraph may add an enactment only if it relates to— Regulations under this paragraph may not add an enactment that deals with a transferred matter, or vary a reference to such an enactment, without the consent of the appropriate Northern Ireland department. For the purposes of sub-paragraph (3)— Regulations under this paragraph may amend any of the following provisions in consequence of an amendment of Part 1 of this Schedule— Regulations under this paragraph that add an enactment which— may provide that a notice of underpayment relating to sums due under or by virtue of the enactment may relate to sums becoming due before the coming into force of the regulations. Regulations under this paragraph are subject to the affirmative resolution procedure.
Section 131(5)
This Schedule applies in relation to—
applications for warrants under section 98 or 102, and
warrants issued under section 98 or 102.
Section 135(5)
in relation to the Social Care Negotiating Body for Scotland, means the Scottish Ministers;
Where the appropriate authority provides for there to be a Negotiating Body under section 39, the authority may by regulations make further provision about the Negotiating Body.
The provision that may be made by regulations under this section includes, among other things—
provision about membership of the Negotiating Body, including (among other things)—
provision about the appointment of members;
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));
provision about the termination of appointments;
provision for the appointment of a person to chair the Negotiating Body, including (among other things) provision for that person to be, or not to be, a person of a specified description;
provision about how the Negotiating Body makes its decisions;
provision for the Negotiating Body to keep records of a specified description;
provision for the payment of fees or expenses by the appropriate authority to members of the Negotiating Body;
provision for staff or facilities to be provided to the Negotiating Body by the appropriate authority;
provision about reports, including (among other things) provision requiring the Negotiating Body to publish reports at specified times or about specified matters.
Regulations under this section—
must provide that the persons appointed as members of the Negotiating Body include—
officials of one or more trade unions that represent the interests of social care workers;
persons representing the interests of employers of social care workers;
may provide for other descriptions of person to be appointed as members of the Negotiating Body.
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.
Regulations under this section may amend any enactment in consequence of the establishment of the Negotiating Body.
In this section “specified” means specified in the regulations.
For the purposes of this Chapter, the matters within a Negotiating Body’s remit are matters that relate to any of the following—
the remuneration of relevant social care workers, or of relevant social care workers of a specified description;
terms and conditions of employment of relevant social care workers, or of relevant social care workers of a specified description;
any other specified matters relating to employment as a relevant social care worker, or as a relevant social care worker of a specified description.
In subsection (1)—
After section 15 insert—Part 5.
After section 16 insert—
In section 17 (regulations)—
in the heading, at the end insert “: general”;
in subsection (2)(a), for sub-paragraph (i) (but not the “or” after it) substitute—.
Section 19 (general interpretation) is amended as follows. After the definition of “the data protection legislation” insert—. Omit the definition of “national minimum wage equivalent”. In the definition of “operator”, for “service to which this Act applies” substitute “relevant service”. After the definition of “operator” insert—. the period of 12 months beginning with a date specified in regulations, and each successive period of 12 months; After the definition of “relevant year” insert—. 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”.
The Employment Rights Act 1996 is amended as follows. In section 92 (right to written statement of reasons for dismissal), in subsection (3), for “two years” substitute “six months”. In section 108 (qualifying period of employment), in subsection (3)— In section 117 (enforcement of order for reinstatement or re-engagement and compensation), in subsection (2), for “Subject to section 124, the” substitute “The”. In section 118 (compensation: general), in subsection (1)(b), omit “124,”. In section 123 (compensatory award), in subsection (1), omit “124,”. In section 205A (employee shareholders), in subsection (10), for the words from “where” to the end substitute where— In section 209 (powers to amend Act)— In section 226 (rights on termination), in subsection (3), for “, 121 or 124” substitute “or 121”. In section 236 (orders and regulations), in subsection (3), omit “124(2),”.
In Schedule 7 to the Coronavirus Act 2020, omit paragraph 17.
If, before the coming into force of paragraph 2 (which inserts Schedule 12A to the Education Act 2002), any consultation takes place which would have satisfied the requirement for consultation under paragraph 1(5) of that Schedule to any extent if it had been in force, that requirement is to be taken as having been satisfied to that extent.
After paragraph 116 insert—
In paragraph 122 (derecognition where recognition automatic on agreed terms), in sub-paragraph (1)(a)—
for “19F(5),” substitute “13B(6), 19F(5), 19K(4), 19P(4),”;
for “, 27(2) or 27D(3)” substitute “or 27(2)”.
In paragraph 123 (derecognition where recognition automatic on specified terms), in sub-paragraph (1)(a)—
for “19F(5),” substitute “13B(6), 19F(5), 19K(4), 19P(4),”;
for “, 27(2) or 27D(3)” substitute “or 27(2)”.
In paragraph 124 (derecognition where recognition automatic following changes to bargaining unit), in sub-paragraph (1), after “paragraph” insert “81E(4), 81J(4) or”.
After paragraph 132 insert—
After paragraph 132A (inserted by paragraph 59 of this Schedule) insert—
Paragraph 133 (ballot on derecognition) is amended as follows. In sub-paragraph (1), for “and (2)” substitute “, (2) and (4)”. In sub-paragraph (2)—
Paragraph 22 (powers of CAC where majority of workers are members of union) is amended as follows. In sub-paragraph (1)(a), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5) or 19P(4) or (5)”. For the purposes of sub-paragraph (1)(b), any worker who joined the bargaining unit after the application day is to be disregarded. In sub-paragraph (3), after “bargaining unit” insert “, other than those who joined the bargaining unit after the application day,”. For the purposes of sub-paragraph (4)(b) and (c), evidence from or relating to a worker who joined the bargaining unit after the application day is to be disregarded.
After paragraph 13 insert—
After paragraph 81 insert—
Paragraph 19C (appointment of independent person to handle communications between union and workers) is amended as follows. An application under sub-paragraph (2) is valid only if it is made before the end of the period of 5 working days starting with the day after the day on which the CAC gives the union (or unions) notice under paragraph 15(5) that the application mentioned in sub-paragraph (1) is accepted. In sub-paragraph (5)(c), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5)”. In sub-paragraph (7), for “an application” substitute “a valid application”.
Section 151(1) of the Social Security Contributions and Benefits Act 1992 (employer’s liability to pay statutory sick pay).
Where the occupier of premises to be entered under a warrant is present at the time when an enforcement officer seeks to execute the warrant, the following requirements must be satisfied— Where— sub-paragraph (1) has effect as if any reference to the occupier were a reference to that other person. If there is no person present who appears to the enforcement officer to be in charge of the premises, the officer must leave a copy of the warrant, marked or certified as a copy in accordance with paragraph 5, in a prominent place on the premises.
Paragraph 23 (CAC to order ballot where majority of workers are not members of union) is amended as follows. In sub-paragraph (1)(a), for “19F(5)” substitute “13B(6), 19F(5), 19K(4) or (5) or 19P(4) or (5)”. For the purposes of sub-paragraph (1)(b), any worker who joined the bargaining unit after the application day is to be disregarded. In sub-paragraph (2), after “bargaining unit” insert “, other than those who joined the bargaining unit after the application day,”.
Paragraph 14 (acceptance of applications: multiple applications) is amended as follows. For the purposes of sub-paragraph (1)(b), any worker who joined any of the relevant bargaining units after the application day is to be disregarded. In sub-paragraph (4), for “10 per cent test” substitute “required percentage test”. In sub-paragraph (5)— For the purposes of sub-paragraph (5), any worker who joined the relevant bargaining unit after the application day is to be disregarded. In sub-paragraph (7)— In sub-paragraph (8), for “10 per cent test” substitute “required percentage test”.
Regulations under section 153(5)(b) of that Act (requirement to provide statement about entitlement).
In this Chapter “social care worker” means—
in relation to England, a person who is employed wholly or mainly in, or in connection with, the provision of social care to individuals aged 18 or over;
in relation to Wales or Scotland, a person who is employed wholly or mainly in, or in connection with, the provision of social care to any individual.
For the purposes of subsection (1), “social care” includes any form of personal care or other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance.
The appropriate authority may by regulations make provision about the consideration by a Negotiating Body of matters within its remit.
The provision that may be made by regulations under this section includes, among other things—
provision about the circumstances in which the Negotiating Body may, or must, consider a matter within its remit, including (among other things) provision requiring it to consider any matter referred to it by the appropriate authority;
provision specifying, or enabling the appropriate authority to specify, factors to which the Negotiating Body may, or must, have regard when considering a matter;
provision specifying, or enabling the appropriate authority to specify, conditions that must be met in relation to any agreement reached by the Negotiating Body about a matter, including (among others) conditions relating to funding;
provision requiring members of the Negotiating Body to provide the Negotiating Body with information, or information of a specified description, for the purposes of enabling it to consider, or reach an agreement about, a matter;
provision requiring the Negotiating Body, if it reaches an agreement about a matter, to submit the agreement to the appropriate authority;
provision requiring the Negotiating Body to take any specified steps before a date notified to it by the appropriate authority.
In this section “specified” means specified in the regulations.
The appropriate authority may by regulations provide that, in a case where a Negotiating Body submits an agreement to the appropriate authority, the authority may refer the agreement back to the Negotiating Body for reconsideration, or may do so in specified circumstances.
The appropriate authority may by regulations make provision about what happens where an agreement is referred back to a Negotiating Body as mentioned in subsection (1).
The provision that may be made by regulations under subsection (2) includes, among other things—
provision requiring the Negotiating Body to reconsider the agreement;
provision specifying, or enabling the appropriate authority to specify, factors to which the Negotiating Body may, or must, have regard when reconsidering the agreement;
provision specifying, or enabling the appropriate authority to specify, conditions that must be met in relation to any revised agreement reached by the Negotiating Body about a matter, including (among others) conditions relating to funding;
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;
provision specifying steps which the Negotiating Body may or must take after reconsidering the agreement, including, in particular, submitting the original agreement, or a revised agreement, to the appropriate authority;
provision requiring the Negotiating Body to take any specified steps before a date notified to it by the appropriate authority.
In this section “specified” means specified in the regulations.
The appropriate authority may by regulations make provision about cases where a Negotiating Body is unable to reach an agreement about a matter.
The provision that may be made by regulations under this section includes, among other things—
provision for resolving disagreements about any matter;
provision conferring functions on the appropriate authority or a person specified in the regulations;
provision requiring the Negotiating Body to act in accordance with a decision of the appropriate authority or a person specified in the regulations.
This section applies if a Negotiating Body submits an agreement to the appropriate authority in accordance with regulations under section 43 or 44.
The appropriate authority may make regulations ratifying the agreement—
in full, or
to the extent specified in the regulations.
This section applies if the appropriate authority makes regulations under section 46 ratifying (to any extent) an agreement submitted by a Negotiating Body.
If the agreement relates to a social care worker’s remuneration, the social care worker’s remuneration is to be determined and paid in accordance with the agreement.
A provision of the agreement that relates to any other term or condition of a social care worker’s employment has effect as a term of the social care worker’s contract.
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.
Subsections (2) to (4)—
do not apply in relation to a term or condition of a social care worker’s employment if, and to the extent that, giving effect to the agreement would alter the term or condition to the social care worker’s detriment;
do not prevent the terms and conditions of a social care worker’s employment from including a term or condition that is more favourable to the social care worker than that which would otherwise have effect by virtue of those subsections.
This section applies where— In paragraph (b) “specified” means specified in regulations made by the appropriate authority.
a Negotiating Body notifies the appropriate authority that it has been unable to reach an agreement on a matter referred to it, and
any other specified conditions are met.
The appropriate authority may by regulations make provision about the matter.
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.
If the regulations make provision within subsection (3), subsections (5) to (7) apply (but see subsection (8)).
If the regulations relate to a social care worker’s remuneration, the social care worker’s remuneration is to be determined and paid in accordance with the regulations.
A provision of the regulations that relates to any other term or condition of a social care worker’s employment has effect as a term of the social care worker’s contract.
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.
Subsections (5) to (7)—
do not apply in relation to a term or condition of a social care worker’s employment if, and to the extent that, giving effect to the regulations would alter the term or condition to the social care worker’s detriment;
do not prevent the terms and conditions of a social care worker’s employment from including a term or condition that is more favourable to the social care worker than that which would otherwise have effect by virtue of those subsections.
The appropriate authority may by regulations make provision about the issuing of guidance or codes of practice by the authority in relation to—
agreements submitted by a Negotiating Body in accordance with regulations under section 43 or 44;
regulations made by the authority under section 48.
Regulations under this section may, among other things—
impose duties on specified persons, or persons of a specified description, in relation to any provision of guidance or a code of practice;
make provision about the consequences of a failure to comply with any duty imposed by virtue of paragraph (a).
The provision that may be made by virtue of subsection (2)(b) includes, among other things, provision for the failure to be taken into account in any proceedings before a court or tribunal, including (among other things) for the purpose of determining the amount of any financial award.
Regulations under this section that by virtue of subsection (2)(b) make provision about the consequences of a failure to comply with a duty imposed by the regulations in relation to a provision of guidance or a code of practice must provide for the guidance or code to be laid before the appropriate legislature and subject to the procedure specified.
In this section—
For the purposes of this Chapter, the Secretary of State may by regulations make provision requiring employers—
to keep, in a specified form and manner, records of a specified description;
to preserve those records for a specified period.
Regulations under this section may provide for the following provisions of the National Minimum Wage Act 1998 to apply, with or without modifications, in relation to records which an employer is required to keep and preserve by virtue of the regulations—
section 10 (worker’s right of access to records);
section 11 (failure of employer to allow access to records);
section 11A (extension of time limit to facilitate conciliation before institution of proceedings).
Regulations under this section that provide for any of those provisions of that Act to apply in relation to such records may provide for section 49 of that Act (restrictions on contracting out) to apply, with or without modifications, in relation to the application of those provisions by the regulations.
In this section “specified” means specified in the regulations.
This section applies in any case where an individual (the “agency worker”)—
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,
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
is not a party to a contract under which the individual undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the individual.
The provisions of this Chapter (other than this section) have effect as if there were a worker’s contract for the doing of the work by the agency worker made between the agency worker and—
whichever of the agent and the principal is responsible for paying the agency worker in respect of the work, or
if neither the agent nor the principal is so responsible, whichever of them pays the agency worker in respect of the work.
For the purposes of Part 2 of the Employment Rights Act 1996 (protection of wages), as it applies in relation to the entitlements conferred by sections 47(2) and 48(5)—
if at any time the agency worker and the person who, as a result of this section, is the person’s employer for the purposes of this Chapter would not (apart from this subsection) be regarded as the worker and the employer for the purposes of that Part, they are to be so regarded;
it is to be assumed that there was a worker’s contract between those persons at that time.
If there would (in the absence of this section) be no worker’s contract between the agency worker and the person who, as a result of this section, is the person’s employer for the purposes of this Chapter, for the purpose of enforcing any entitlement conferred by section 47(2) or (3) or 48(5) or (6) in civil proceedings on a claim in contract it is to be assumed that there is (or was) such a contract between those persons.
Any reference in this section to doing work includes a reference to performing services, and “work” is to be read accordingly.
Regulations under section 46 or 48 may make provision that has retrospective effect.
Regulations under section 46 or 48 may make provision by reference to—
an agreement submitted by a Negotiating Body to the appropriate authority, or
any other document.
If regulations under section 46 or 48 make provision by virtue of subsection (2), they must include provision about the publication of the agreement or other document.
Regulations under this Chapter may confer a discretion on a person when dealing with any matter.
Regulations under section 46 are subject to the negative resolution procedure.
Regulations under any other provision of this Chapter are subject to the affirmative resolution procedure.
The Secretary of State may by regulations provide that—
nothing done by a Negotiating Body, or by members of a Negotiating Body acting in that capacity, is to be regarded as collective bargaining for the purposes of section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992;
any reference to a collective agreement within the meaning of that Act does not include an agreement reached by a Negotiating Body.
In this Chapter—
“electronic address” means any number or address used for the purposes of sending or receiving documents or information by electronic means;
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.
Schedule 5 amends the Seafarers’ Wages Act 2023.
The Merchant Shipping Act 1995 is amended as follows.
After section 84 insert—
In section 306 (regulations etc), in subsection (2A)(a), after “section” insert “84A(2),”.