Employment Act 2002
In Part 8 of the Employment Rights Act 1996 (c. 18) (which makes provision for maternity and parental leave), after Chapter 2 there is inserted—
In the Social Security Contributions and Benefits Act 1992 (c. 4), after Part 12 (statutory maternity pay) there is inserted—
In Part 8 of the Employment Rights Act 1996 (c. 18), after Chapter 1 there is inserted—
In the Social Security Contributions and Benefits Act 1992 (c. 4), after Part 12ZA there is inserted—
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For the purposes of the Inland Revenue Regulation Act 1890 (c. 21), except sections 21, 22 and 35, everything that relates to statutory paternity pay or statutory adoption pay shall be taken to relate to inland revenue; and the expressions “in relation to inland revenue”, “Collector of Inland Revenue” and “Officer of Inland Revenue” are to be read accordingly.
The reference in section 4(1) of that Act (appointment of collectors, officers and other persons) to collecting, receiving, managing and accounting for inland revenue shall be taken to include a reference to paying and managing statutory paternity pay and statutory adoption pay.
In any declaration for the purposes of section 6 of the Taxes Management Act 1970 (c. 9) (declarations on taking office), whether made before or after the commencement of this section, the reference to an offence relating to inland revenue shall be taken to include a reference to an offence relating to statutory paternity pay or statutory adoption pay.
In section 163(1) of the Social Security Administration Act 1992 (c. 5) (sums payable out of National Insurance Fund), for paragraph (d) there is substituted—.
In section 165 of that Act (adjustments between National Insurance Fund and Consolidated Fund)—
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the word “and” at the end of sub-paragraph (i) is omitted, and
after sub-paragraph (ii) there is inserted—; and
in subsection (5)(a) (adjustments in respect of certain administrative expenses of the Board), after “above” there is inserted “ , or in carrying into effect any other legislation relating to statutory paternity pay or statutory adoption pay, ”.
In section 1(5) of the Social Security Contributions and Benefits Act 1992 (c. 4) (which provides for payment by way of additional contributions out of money provided by Parliament of an annual amount equal to statutory sick pay and maternity pay recovered by employers and others), for “and statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay and statutory adoption pay ”.
The Secretary of State shall by regulations make provision for the payment by employers of statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay and statutory neonatal care pay to be funded by the Board to such extent as the regulations may specify.
Regulations under subsection (1) shall—
make provision for a person who has made a payment of statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay or statutory neonatal care pay to be entitled, except in such circumstances as the regulations may provide, to recover an amount equal to the sum of—
the aggregate of such of those payments as qualify for small employers’ relief; and
an amount equal to 92 per cent of the aggregate of such of those payments as do not so qualify; and
include provision for a person who has made a payment of statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay or statutory neonatal care pay qualifying for small employers’ relief to be entitled, except in such circumstances as the regulations may provide, to recover an additional amount equal to the amount to which the person would have been entitled under section 167(2)(b) of the Social Security Contributions and Benefits Act 1992 (corresponding provision for statutory maternity pay) had the payment been a payment of statutory maternity pay.
For the purposes of subsection (2), a payment of statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay or statutory neonatal care pay qualifies for small employers’ relief if it would have so qualified were it a payment of statutory maternity pay, treating— as the maternity pay period.
the period for which the payment of statutory paternity pay is made,
the payee's adoption pay period,...
the period for which the payment of statutory shared parental pay is made, ...
the period for which the payment of statutory parental bereavement pay is made , or
the period for which the payment of statutory neonatal care pay is made,
Regulations under subsection (1) may, in particular—
make provision for funding in advance as well as in arrear;
make provision for funding, or the recovery of amounts due under provision made by virtue of subsection (2)(b), by means of deductions from such amounts for which employers are accountable to the Board as the regulations may provide, or otherwise;
make provision for the recovery by the Board of any sums overpaid to employers under the regulations.
Where in accordance with any provision of regulations under subsection (1) an amount has been deducted from an employer’s contributions payments, the amount so deducted shall (except in such cases as the Secretary of State may by regulations provide) be treated for the purposes of any provision made by or under any enactment in relation to primary or secondary Class 1 contributions— towards discharging the employer’s liability in respect of such contributions.
as having been paid (on such date as may be determined in accordance with the regulations), and
as having been received by the Board,
Regulations under this section must be made with the concurrence of the Board.
In this section, “contributions payments”, in relation to an employer, means any payments which the employer is required, by or under any enactment, to make in discharge of any liability in respect of primary or secondary Class 1 contributions.
The Secretary of State may make regulations with respect to the payment by employers of statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay and statutory neonatal care pay.
Regulations under subsection (1) may, in particular, include provision—
about the records to be kept by employers in relation to payments of statutory paternity pay and statutory paternity pay, , statutory shared parental pay , statutory parental bereavement pay and statutory neonatal care pay, including the length of time for which they are to be retained;
for the production of wages sheets and other documents and records to officers of the Board for the purpose of enabling them to satisfy themselves that statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay and statutory neonatal care pay have been paid and are being paid, in accordance with the regulations, to employees who are entitled to them;
for requiring employers to provide information to employees (in their itemised pay statements or otherwise);
for requiring employers to make returns to the Board containing such particulars with respect to payments of statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay and statutory neonatal care pay as the regulations may provide.
Regulations under subsection (1) must be made with the concurrence of the Board.
Part 2 of the Social Security Contributions (Transfer of Functions, Etc.) Act 1999 (c. 2) (decisions and appeals) is amended as follows.
In section 8(1) (which lists social security matters in relation to which decisions shall be for an officer of the Board)—
in paragraph (f) (issues relating to entitlement to statutory sick pay or statutory maternity pay), for “or statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay or statutory adoption pay ”,
in paragraph (g) (other issues relating to those matters) for the words from “under Part” to the end there is substituted “ under Parts 11 to 12ZB of the Social Security Contributions and Benefits Act 1992 (statutory sick pay, statutory maternity pay, statutory paternity pay and statutory adoption pay) ”, and
after that paragraph there is inserted—.
In section 8(3)(b) (which excludes certain decisions from section 8(1)(g)) for “or statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay or statutory adoption pay ”.
In section 11 (appeals against decisions of the Board), in subsection (2)(a) (right of employer and employee in the case of statutory sick pay and statutory maternity pay to appeal to tax appeal Commissioners), for “or statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay or statutory adoption pay ”.
In section 14 (matters arising as respects decisions)—
in subsection (1)(a)(i) (power to make regulations as respects such matters relating to statutory sick pay or statutory maternity pay), for “or statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay or statutory adoption pay ”, and
in subsection (3) (regulations relating to statutory sick pay or statutory maternity pay to be made with the concurrence of the Secretary of State), for “or statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay or statutory adoption pay ”.
The Secretary of State may by regulations make provision enabling an officer of the Board authorised by the Board for the purposes of this section to require persons of a description specified in the regulations to provide, or produce for inspection, within such period as the regulations may require, such information or documents as the officer may reasonably require for the purpose of ascertaining whether statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay or statutory neonatal care pay is or was payable to or in respect of any person.
The descriptions of person which may be specified by regulations under subsection (1) include, in particular—
any person claiming to be entitled to statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay or statutory neonatal care pay,
any person who is, or has been, the spouse or partner of such a person as is mentioned in paragraph (a),
any person who is, or has been, an employer of such a person as is mentioned in paragraph (a),
any person carrying on an agency or other business for the introduction or supply to persons requiring them of persons available to do work or to perform services, and
any person who is a servant or agent of any such person as is specified in paragraphs (a) to (d).
Regulations under subsection (1) must be made with the concurrence of the Board.
Where a person— he shall be liable to the penalties mentioned in subsection (2) below (subject to subsection (4)).
fails to produce any document or record, provide any information or make any return, in accordance with regulations under section 8, or
fails to provide any information or document in accordance with regulations under section 10,
The penalties are—
a penalty not exceeding £300, and
if the failure continues after a penalty is imposed under paragraph (a), a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which the penalty under that paragraph was imposed (but excluding any day for which a penalty under this paragraph has already been imposed).
Where a person fails to keep records in accordance with regulations under section 8Ì, he shall be liable to a penalty not exceeding £3,000.
Subject to subsection (5), no penalty shall be imposed under subsection (2) or (3) at any time after the failure concerned has been remedied.
Subsection (4) does not apply to the imposition of a penalty under subsection (2)(a) in respect of a failure within subsection (1)(a).
Where, in the case of any employee, an employer refuses or repeatedly fails to make payments of statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay or statutory neonatal care pay in accordance with any regulations under section 8, the employer shall be liable to a penalty not exceeding £3,000.
Section 118(2) of the Taxes Management Act 1970 (c. 9) (extra time for compliance etc) shall apply for the purposes of subsections (1), (3) and (6) as it applies for the purposes of that Act.
Schedule 1 to this Act (penalties: procedure and appeals) has effect in relation to penalties under this section.
Where a person fraudulently or negligently— he shall be liable to a penalty not exceeding £300.
makes any incorrect statement or declaration in connection with establishing entitlement to ... statutory paternity pay or statutory parental bereavement pay, or
provides any incorrect information or document of a kind mentioned in regulations under section 10(1) so far as relating to ... statutory paternity pay, or statutory parental bereavement pay
Where a person fraudulently or negligently— he shall be liable to a penalty not exceeding £3,000.
makes any incorrect statement or declaration in connection with establishing entitlement to statutory adoption pay , statutory shared parental pay or statutory neonatal care pay, or
provides any incorrect information or document of a kind mentioned in regulations under section 10(1) so far as relating to statutory adoption pay , statutory shared parental pay or statutory neonatal care pay,
Where an employer fraudulently or negligently makes incorrect payments of ... statutory paternity pay or statutory parental bereavement pay, he shall be liable to a penalty not exceeding £300.
Where an employer fraudulently or negligently makes incorrect payments of statutory adoption pay , statutory shared parental pay or statutory neonatal care pay, he shall be liable to a penalty not exceeding £3,000.
Where an employer fraudulently or negligently— he shall be liable to a penalty not exceeding £3,000 or, if the offence relates only to ... statutory paternity pay or statutory parental bereavement pay, £300.
produces any incorrect document or record, provides any incorrect information or makes any incorrect return, of a kind mentioned in regulations under section 8È, or
receives incorrect payments in pursuance of regulations under section 7,
Schedule 1 (penalties: procedure and appeals) has effect in relation to penalties under this section.
This section applies to information which is held for the purposes of functions relating to statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay or statutory neonatal care pay—
by the Board, or
by a person providing services to the Board, in connection with the provision of those services.
Information to which this section applies may be supplied— for use for the purposes of functions relating to social security, child support or war pensions ....
to the Secretary of State, ... or the Department, or
to a person providing services to the Secretary of State, ... or the Department,
This section applies to information which is held for the purposes of functions relating to statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay or statutory neonatal care pay—
by the Secretary of State or the Department, or
by a person providing services to the Secretary of State or the Department, in connection with the provision of those services.
Information to which this section applies may be supplied— for use for the purposes of functions relating to statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay or statutory neonatal care pay.
to the Board, or
to a person providing services to the Board,
Information which is held— for the purposes of any functions specified in any paragraph of subsection (2) below may be used for the purposes of, or for any purposes connected with, the exercise of any functions specified in any other paragraph of that subsection, and may be supplied to any person providing services to the Board for those purposes.
by the Board, or
by a person providing services to the Board, in connection with the provision of those services,
The functions referred to in subsection (1) above are—
the functions of the Board in relation to .... statutory paternity pay;
their functions in relation to statutory adoption pay; ...
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their functions in relation to tax, contributions, statutory sick pay, statutory maternity pay or tax credits, or functions under Part 3 of the Pension Schemes Act 1993 (c. 48) (schemes that were contracted-out etc) or Part 3 of the Pension Schemes (Northern Ireland) Act 1993 (c. 49) (corresponding provisions for Northern Ireland).
their functions in relation to statutory shared parental pay; ...
their functions in relation to statutory parental bereavement pay; ...
their functions in relation to statutory neonatal care pay; and
In subsection (2)(c) above, “contributions” means contributions under Part 1 of the Social Security Contributions and Benefits Act 1992 (c. 4) or Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7).
In sections 5 to 15—
“the Board” means the Commissioners of Inland Revenue;
“the Department” means the Department for Social Development or the Department for Employment and Learning;
The meeting must take place before action is taken, except in the case where the disciplinary action consists of suspension. The meeting must not take place unless— The employee must take all reasonable steps to attend the meeting. After the meeting, the employer must inform the employee of his decision and notify him of the right to appeal against the decision if he is not satisfied with it.
“the Board” means the Commissioners of Inland Revenue;
An officer of the Board authorised by the Board for the purposes of this paragraph may commence proceedings for any penalty to which sub-paragraph (1) of paragraph 1 does not apply by virtue of sub-paragraph (2) of that paragraph. The person liable to the penalty shall be a party to the proceedings. Part 6 of the Taxes Management Act 1970 (c. 9) shall apply in relation to a penalty determined in proceedings under this paragraph as if it were tax charged in an assessment and due and payable. In addition to any right of appeal on a point of law under section 11(2) of the Tribunals, Courts and Enforcement Act 2007, the person liable to the penalty may appeal to the Upper Tribunal against the determination of a penalty in proceedings under sub-paragraph (1), but not against any decision which falls under section 11(5)(d) or (e) of that Act and was made in connection with the determination of the amount of the penalty. Section 11(3) and (4) of the Tribunals, Courts and Enforcement Act 2007 applies to the right of appeal under sub-paragraph (4) as it applies to the right of appeal under section 11(2) of that Act. On any such appeal the Upper Tribunal may—
A penalty under section 11 or 12 may be determined by an officer of the Board, or proceedings for the penalty may be commenced before the tribunal or the court, at any time within six years after the date on which the penalty was incurred or began to be incurred.
Section 182 of the Finance Act 1989 (disclosure of information) is amended as follows. In each of the following provisions— for “or statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay or statutory adoption pay ”. After subsection (11) there is inserted—
Chapter 1 of Part 8 of the Employment Rights Act 1996 (c. 18) (maternity leave) is amended as follows.
In section 71 (ordinary maternity leave), in subsection (4) (rights during and after leave)—
in paragraph (a), after “entitled” there is inserted “ , for such purposes and to such extent as may be prescribed, ”,
in paragraph (b), after “bound” there is inserted “ , for such purposes and to such extent as may be prescribed ”, and
for paragraph (c) there is substituted—
In that section, for subsection (7) there is substituted—
In section 73 (additional maternity leave), after subsection (5) there is inserted—
In section 74 (redundancy and dismissal), in subsection (4) (power to make provision about the right to return from, and for dismissal at the end of, an additional maternity leave period)—
after “section” (where it first appears) there is inserted “ 71 or ”,
in paragraph (a), after “section” there is inserted “ 71(4)(c) or ”, and
in paragraph (b), after “an” there is inserted “ ordinary or ”.
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For section 166 of the Social Security Contributions and Benefits Act 1992 there is substituted—
In section 164 of the Social Security Contributions and Benefits Act 1992 (statutory maternity pay — entitlement and liability to pay)—
in subsection (2)(a), the words “, wholly or partly because of pregnancy or confinement” are omitted;
for subsection (4) there is substituted—;
in paragraph (e) of subsection (9), for sub-paragraphs (i) to (iii) there is substituted “in such cases as may be prescribed”; and
after that paragraph there is inserted—.
For section 167 of the Social Security Contributions and Benefits Act 1992 (c. 4) there is substituted—
For section 163 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) there is substituted—
In section 13 of the Employment Tribunals Act 1996 (c. 17) (costs and expenses), for subsection (1) there is substituted—
After that section there is inserted—
For section 34 of the Employment Tribunals Act 1996 (c. 17) (costs and expenses) there is substituted—
In section 7 of the Employment Tribunals Act 1996 (employment tribunal procedure regulations), in subsection (3)(f) (power to prescribe the procedure to be followed in proceedings before an employment tribunal), before sub-paragraph (ii) there is inserted—.
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In section 19 of that Act (conciliation procedure), paragraph (c) (which requires employment tribunal procedure regulations, in relation to conciliation cases, to include provision postponing the hearing to give an opportunity for conciliation) shall cease to have effect.
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In section 7 of the Employment Tribunals Act 1996 (c. 17) (employment tribunal procedure regulations), after subsection (3) there is inserted—
In section 7 of the Employment Tribunals Act 1996 (employment tribunal procedure regulations) for subsection (3A) there is substituted—
After section 7 of the Employment Tribunals Act 1996 (c. 17) there is inserted—
Section 9 of the Employment Tribunals Act 1996 (pre-hearing reviews) is amended as follows.
In subsection (1) (power to make provision for pre-hearing reviews), for paragraph (a) there is substituted—.
After subsection (2) there is inserted—
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Schedule 2 (which sets out the statutory dispute resolution procedures) shall have effect.
The Secretary of State may by order—
amend Schedule 2;
make provision for the Schedule to apply, with or without modifications, as if—
any individual of a description specified in the order who would not otherwise be an employee for the purposes of the Schedule were an employee for those purposes; and
a person of a description specified in the order were, in the case of any such individual, the individual’s employer for those purposes.
Before making an order under this section, the Secretary of State must consult the Advisory, Conciliation and Arbitration Service.
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Every contract of employment shall have effect to require the employer and employee to comply, in relation to any matter to which a statutory procedure applies, with the requirements of the procedure.
Subsection (1) shall have effect notwithstanding any agreement to the contrary, but does not affect so much of an agreement to follow a particular procedure as requires the employer or employee to comply with a requirement which is additional to, and not inconsistent with, the requirements of the statutory procedure.
The Secretary of State may for the purpose of this section by regulations make provision about the application of the statutory procedures.
In this section, “contract of employment” has the same meaning as in the Employment Rights Act 1996 (c. 18).
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This section applies to proceedings before an employment tribunal relating to a claim under any of the jurisdictions listed in Schedule 3 by an employee.
If, in the case of proceedings to which this section applies, it appears to the employment tribunal that—
the claim to which the proceedings relate concerns a matter to which one of the statutory procedures applies,
the statutory procedure was not completed before the proceedings were begun, and
the non-completion of the statutory procedure was wholly or mainly attributable to failure by the employee— it must, subject to subsection (4), reduce any award which it makes to the employee by 10 per cent, and may, if it considers it just and equitable in all the circumstances to do so, reduce it by a further amount, but not so as to make a total reduction of more than 50 per cent.
to comply with a requirement of the procedure, or
to exercise a right of appeal under it,
If, in the case of proceedings to which this section applies, it appears to the employment tribunal that— it must, subject to subsection (4), increase any award which it makes to the employee by 10 per cent and may, if it considers it just and equitable in all the circumstances to do so, increase it by a further amount, but not so as to make a total increase of more than 50 per cent.
the claim to which the proceedings relate concerns a matter to which one of the statutory procedures applies,
the statutory procedure was not completed before the proceedings were begun, and
the non-completion of the statutory procedure was wholly or mainly attributable to failure by the employer to comply with a requirement of the procedure,
The duty under subsection (2) or (3) to make a reduction or increase of 10 per cent does not apply if there are exceptional circumstances which would make a reduction or increase of that percentage unjust or inequitable, in which case the tribunal may make no reduction or increase or a reduction or increase of such lesser percentage as it considers just and equitable in all the circumstances.
Where an award falls to be adjusted under this section and under section 38, the adjustment under this section shall be made before the adjustment under that section.
The Secretary of State may for the purposes of this section by regulations—
make provision about the application of the statutory procedures;
make provision about when a statutory procedure is to be taken to be completed;
make provision about what constitutes compliance with a requirement of a statutory procedure;
make provision about circumstances in which a person is to be treated as not subject to, or as having complied with, such a requirement;
make provision for a statutory procedure to have effect in such circumstances as may be specified by the regulations with such modifications as may be so specified;
make provision about when an employee is required to exercise a right of appeal under a statutory procedure.
The Secretary of State may by order—
amend Schedule 3 for the purpose of—
adding a jurisdiction to the list in that Schedule, or
removing a jurisdiction from that list;
make provision, in relation to a jurisdiction listed in Schedule 3, for this section not to apply to proceedings relating to claims of a description specified in the order;
make provision for this section to apply, with or without modifications, as if—
any individual of a description specified in the order who would not otherwise be an employee for the purposes of this section were an employee for those purposes, and
a person of a description specified in the order were, in the case of any such individual, the individual’s employer for those purposes.
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This section applies to the jurisdictions listed in Schedule 4.
An employee shall not present a complaint to an employment tribunal under a jurisdiction to which this section applies if—
it concerns a matter in relation to which the requirement in paragraph 6 or 9 of Schedule 2 applies, and
the requirement has not been complied with.
An employee shall not present a complaint to an employment tribunal under a jurisdiction to which this section applies if—
it concerns a matter in relation to which the requirement in paragraph 6 or 9 of Schedule 2 has been complied with, and
less than 28 days have passed since the day on which the requirement was complied with.
An employee shall not present a complaint to an employment tribunal under a jurisdiction to which this section applies if—
it concerns a matter in relation to which the requirement in paragraph 6 or 9 of Schedule 2 has been complied with, and
the day on which the requirement was complied with was more than one month after the end of the original time limit for making the complaint.
In such circumstances as the Secretary of State may specify by regulations, an employment tribunal may direct that subsection (4) shall not apply in relation to a particular matter.
An employment tribunal shall be prevented from considering a complaint presented in breach of subsections (2) to (4), but only if—
the breach is apparent to the tribunal from the information supplied to it by the employee in connection with the bringing of the proceedings, or
the tribunal is satisfied of the breach as a result of his employer raising the issue of compliance with those provisions in accordance with regulations under section 7 of the Employment Tribunals Act 1996 (c. 17) (employment tribunal procedure regulations).
The Secretary of State may for the purposes of this section by regulations—
make provision about the application of the procedures set out in Part 2 of Schedule 2;
make provision about what constitutes compliance with paragraph 6 or 9 of that Schedule;
make provision about circumstances in which a person is to be treated as having complied with paragraph 6 or 9 of that Schedule;
make provision for paragraph 6 or 9 of that Schedule to have effect in such circumstances as may be specified by the regulations with such modificiations as may be so specified.
The Secretary of State may by order—
amend, repeal or replace any of subsections (2) to (4);
amend Schedule 4;
make provision for this section to apply, with or without modifications, as if—
any individual of a description specified in the order who would not otherwise be an employee for the purposes of this section were an employee for those purposes, and
a person of a description specified in the order were, in the case of any such individual, the individual’s employer for those purposes.
Before making an order under subsection (8)(a), the Secretary of State must consult the Advisory, Conciliation and Arbitration Service.
In its application to orders under subsection (8)(a), section 51(1)(b) includes power to amend this section.
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The Secretary of State may, in relation to a jurisdiction listed in Schedule 3 or 4, by regulations make provision about the time limit for beginning proceedings in respect of a claim concerning a matter to which a statutory procedure applies.
Regulations under this section may, in particular—
make provision extending, or authorising the extension of, the time for beginning proceedings,
make provision about the exercise of a discretion to extend the time for beginning proceedings, or
make provision treating proceedings begun out of time as begun within time.
Part 10 of the Employment Rights Act 1996 (c. 18) (unfair dismissal) is amended as follows.
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In section 112 (the remedies: orders and compensation), at the end there is inserted—
In section 117 (under which an award of compensation falls to be made if an employee is reinstated or re-engaged in pursuance of an order under section 113, but the terms of the order are not fully complied with), after subsection (2) there is inserted—
In section 123 (compensatory award) at the end there is inserted—
In section 120 (basic award: minimum in certain cases) after subsection (1) there is inserted—
Section 3 of the Employment Rights Act 1996 (c. 18) (note about disciplinary rules and procedures) is amended as follows.
In subsection (1) (which requires a statement under section 1 of that Act to include a note specifying the disciplinary rules and procedures applying to an employee), after paragraph (a) there is inserted—.
In that subsection, in paragraph (b)(i) (which requires the note to specify a person for the employee to apply to if he is dissatisfied with a disciplinary decision) after “him” there is inserted “ or any decision to dismiss him ”.
In subsection (2) (which provides that the note does not need to specify the rules and procedures relating to health and safety at work) after “decisions,” there is inserted “ decisions to dismiss ”.
In section 3 of the Employment Rights Act 1996 (c. 18) (note about disciplinary rules and procedures), subsections (3) and (4) (exemptions for undertakings with less than 20 employees) shall cease to have effect.
In Part 1 of the Employment Rights Act 1996 (employment particulars), after section 7 there is inserted—
This section applies to proceedings before an employment tribunal relating to a claim by a worker under any of the jurisdictions listed in Schedule 5.
If in the case of proceedings to which this section applies— the tribunal must, subject to subsection (5), make an award of the minimum amount to be paid by the employer to the worker and may, if it considers it just and equitable in all the circumstances, award the higher amount instead.
the employment tribunal finds in favour of the worker, but makes no award to him in respect of the claim to which the proceedings relate, and
when the proceedings were begun the employer was in breach of his duty to the worker under section 1(1) or 4(1) of the Employment Rights Act 1996 (c. 18) (duty to give a written statement of initial employment particulars or of particulars of change or (in the case of a claim by an worker) under section 41B or 41C of that Act (duty to give a written statement in relation to rights not to work on Sunday),
If in the case of proceedings to which this section applies— the tribunal must, subject to subsection (5), increase the award by the minimum amount and may, if it considers it just and equitable in all the circumstances, increase the award by the higher amount instead.
the employment tribunal makes an award to the worker in respect of the claim to which the proceedings relate, and
when the proceedings were begun the employer was in breach of his duty to the worker under section 1(1) or 4(1) of the Employment Rights Act 1996 or (in the case of a claim by an worker) under section 41B or 41C of that Act,
In subsections (2) and (3)—
references to the minimum amount are to an amount equal to two weeks’ pay, and
references to the higher amount are to an amount equal to four weeks’ pay.
The duty under subsection (2) or (3) does not apply if there are exceptional circumstances which would make an award or increase under that subsection unjust or inequitable.
The amount of a week’s pay of an a worker shall—
be calculated for the purposes of this section in accordance with Chapter 2 of Part 14 of the Employment Rights Act 1996 (c. 18), and
not exceed the amount for the time being specified in section 227 of that Act (maximum amount of week’s pay).
For the purposes of Chapter 2 of Part 14 of the Employment Rights Act 1996 as applied by subsection (6), the calculation date shall be taken to be—
if the worker was employed by the employer on the date the proceedings were begun, that date, and
if he was not, in the case of an employee, the effective date of termination as defined by section 97 of that Act or in the case of all other workers the date on which the termination takes effect.
The provisions referred to in subsection (6) shall apply for the purposes of that subsection—
as if a reference to an employee were a reference to a worker; and
as if a reference to an employee’s contract of employment were a reference to a worker’s contract of employment or other worker’s contract.
The Secretary of State may by order—
amend Schedule 5 for the purpose of—
adding a jurisdiction to the list in that Schedule, or
removing a jurisdiction from that list;
make provision, in relation to a jurisdiction listed in Schedule 5, for this section not to apply to proceedings relating to claims of a description specified in the order;
make provision for this section to apply, with or without modifications, as if—
any individual of a description specified in the order who would not otherwise be an employee for the purposes of this section were an employee for those purposes, and
a person of a description specified in the order were, in the case of any such individual, the individual’s employer for those purposes.
In the Employment Rights Act 1996 (c. 18), after section 124 there is inserted—
In this Part—
If the employee does wish to appeal, he must inform the employer. If the employee informs the employer of his wish to appeal, the employer must invite him to attend a further meeting. The employee must take all reasonable steps to attend the meeting. After the appeal meeting, the employer must inform the employee of his final decision.
Each step and action under the procedure must be taken without unreasonable delay.
The procedures set out in Part 2 are only applicable to matters raised by an employee with his employer as a grievance. Accordingly, those procedures are only applicable to the kind of disclosure dealt with in Part 4A of the Employment Rights Act 1996 (c. 18) (protected disclosures of information) if information is disclosed by an employee to his employer in circumstances where—
“employer” and “employee” have the same meanings as in the Employment Rights Act 1996 (c. 18);
“statutory procedure” means a procedure set out in Schedule 2.
The employer must set out in writing the employee’s alleged conduct or characteristics, or other circumstances, which lead him to contemplate dismissing or taking disciplinary action against the employee. The employer must send the statement or a copy of it to the employee and invite the employee to attend a meeting to discuss the matter.
“worker” has the same meaning as in the Employment Rights Act 1996.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) is amended as follows.
After section 168 there is inserted—
In section 169(1) (duty of employer to pay employee for time off under section 168), after “168” there is inserted “ or 168A ”.
In section 170 (duty to permit time off to take part in trade union activities), after subsection (2) there is inserted—
In that section, at the end there is inserted—
At the end of section 173 (provisions supplementary to section 168 to 170), there is inserted—
In sections 199(1) and 203(1) (powers of ACAS and Secretary of State to produce Codes of Practice), at the end there is inserted “or for purposes connected with trade union learning representatives”.
For section 200(3) there is substituted—
In section 110 of the Employment Rights Act 1996 (c. 18) (dismissal procedures agreements) after subsection (3) there is inserted—
The Secretary of State shall make regulations—
for the purpose of securing that employees in fixed-term employment are treated, for such purposes and to such extent as the regulations may specify, no less favourably than employees in permanent employment, and
for the purpose of preventing abuse arising from the use of successive periods of fixed-term employment.
The regulations may—
specify classes of employee who are to be taken to be, or not to be, in fixed-term employment;
specify classes of employee who are to be taken to be, or not to be, in permanent employment;
specify circumstances in which employees in fixed-term employment are to be taken to be, or not to be, treated less favourably than employees in permanent employment;
specify circumstances in which periods of fixed-term employment are to be taken to be, or not to be, successive;
specify circumstances in which fixed-term employment is to have effect as permanent employment;
make provision which has effect in relation to employees in fixed-term employment generally or provision which has effect only in relation to specified classes of employee in fixed-term employment.
The regulations may—
confer jurisdiction (including exclusive jurisdiction) on employment tribunals;
provide for specified obligations not to apply in specified circumstances;
make provision about notices or information to be given, evidence to be produced and other procedures to be followed;
amend, apply with or without modifications, or make provision similar to any provision of—
the Employment Rights Act 1996 (c. 18) (including, in particular, Parts 5, 10 and 13),
the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), or
the Social Security Contributions and Benefits Act 1992 (c. 4);
provide for the provisions of specified agreements to have effect in place of provisions of the regulations to such extent and in such circumstances as may be specified.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the purpose of implementing Council Directive 99/70/EC on the framework agreement on fixed-term work in its application to terms and conditions of employment;
for the purpose of dealing with any matter arising out of or related to the United Kingdom’s obligations under that Directive;
for the purpose of any matter dealt with by the framework agreement or for the purpose of applying the provisions of the framework agreement to any matter relating to fixed term workers.
In its application to this section, section 51(1)(b) includes power to amend an enactment.
In this section—
“employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment, and
“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.
The Department for Employment and Learning shall make regulations—
for the purpose of securing that employees in fixed-term employment are treated, for such purposes and to such extent as the regulations may specify, no less favourably than employees in permanent employment, and
for the purpose of preventing abuse arising from the use of successive periods of fixed-term employment.
The regulations may—
specify classes of employee who are to be taken to be, or not to be, in fixed-term employment;
specify classes of employee who are to be taken to be, or not to be, in permanent employment;
specify circumstances in which employees in fixed-term employment are to be taken to be, or not to be, treated less favourably than employees in permanent employment;
specify circumstances in which periods of fixed-term employment are to be taken to be, or not to be, successive;
specify circumstances in which fixed-term employment is to have effect as permanent employment;
make provision which has effect in relation to employees in fixed-term employment generally or provision which has effect only in relation to specified classes of employee in fixed-term employment.
The regulations may—
confer jurisdiction (including exclusive jurisdiction) on industrial tribunals;
provide for specified obligations not to apply in specified circumstances;
make provision about notices or information to be given, evidence to be produced and other procedures to be followed;
amend, apply with or without modifications, or make provision similar to any provision of—
the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919) (including, in particular, Parts 6, 11 and 15),
the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)), or
the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);
provide for the provisions of specified agreements to have effect in place of provisions of the regulations to such extent and in such circumstances as may be specified.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the purpose of implementing Council Directive 99/70/EC on the framework agreement on fixed-term work in its application to terms and conditions of employment;
for the purpose of dealing with any matter arising out of or related to the United Kingdom’s obligations under that Directive;
for the purpose of any matter dealt with by the framework agreement or for the purpose of applying the provisions of the framework agreement to any matter relating to fixed term workers.
Power to make regulations under this section includes power—
to make different provision for different cases or circumstances;
to make such incidental, supplementary, consequential or transitional provision as the Department for Employment and Learning thinks fit, including provision amending an enactment.
Power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
Regulations under this section shall not be made unless a draft of them has been laid before and approved by resolution of the Northern Ireland Assembly.
In this section—
“employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment, and
“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.
The Employment Rights Act 1996 (c. 18) is amended as follows.
After Part 8 there is inserted—
After section 47C there is inserted—
After section 104B there is inserted—
In section 35A of the Social Security Contributions and Benefits Act 1992 (c. 4) (appropriate weekly rate of maternity allowance)—
for subsections (1) to (3) there is substituted—;
in paragraph (c)(i) of subsection (5), for “the lower earnings limit” there is substituted “ an amount 90 per cent of which is equal to the weekly rate prescribed under section 166(1)(b) below that is ”; and
after that subsection there is inserted—
In relation to any time before the coming into force of section 19, the reference to section 166(1)(b) of the Social Security Contributions and Benefits Act 1992 (c. 4) in section 35A(5)(c)(i) of that Act (as amended by subsection (1)(b) above) is a reference to section 166(3) of that Act.
After section 2A of the Social Security Administration Act 1992 (c. 5) (claim or full entitlement to certain benefits conditional on work-focused interview), there is inserted—
Schedule 6 (which contains provision for the use of information for, or relating to, employment and training) has effect.
Any power of the Secretary of State to make orders or regulations under this Act includes power—
to make different provision for different cases or circumstances;
to make such incidental, supplementary, consequential or transitional provision as the Secretary of State thinks fit.
Any power of the Secretary of State to make orders or regulations under this Act is exercisable by statutory instrument.
No order may be made under this Act unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
No regulations may be made under section ... 45 unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.
A statutory instrument containing regulations under any other provision of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section does not apply to orders under section 55(2).
There shall be paid out of money provided by Parliament—
any expenses incurred by a Minister of the Crown or government department in consequence of this Act, and
any increase attributable to this Act in the sums so provided under any other Act.
There shall be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other Act.
Schedule 7 (which makes minor and consequential amendments) has effect.
The enactments and instruments specified in Schedule 8 are hereby repealed or revoked to the extent specified there.
This Act may be cited as the Employment Act 2002.
This Act, except sections 45, 46, 51 and 52 and this section, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes.
An order under subsection (2) may contain such transitional provisions and savings as the Secretary of State considers necessary or expedient in connection with the coming into force of any of the provisions of this Act.
The Secretary of State may by regulations make such transitional provisions and savings as he considers necessary or expedient for the purposes of or in connection with—
the coming into force of section 19 or 48, or Schedule 7 so far as relating to any amendment made in consequence of either of those sections; or
the operation of any enactment amended by any of those provisions during any period when the amendment is not wholly in force.
Subject to subsections (6) and (7), this Act extends to England and Wales and Scotland only.
The following provisions also extend to Northern Ireland—
section 5;
sections 13 to 15, and section 16 so far as relating thereto;
paragraphs 1, 4, 9 and 10 of Schedule 6, and section 50 so far as relating thereto;
sections 51 and 52;
paragraphs 1, 50, 52 and 53 of Schedule 7, and section 53 so far as relating thereto;
Schedule 8, so far as relating to the repeal of section 3(3) of the Social Security Act 1998 (c. 14), and section 54 so far as relating thereto;
this section.
The following provisions extend to Northern Ireland only—
sections 21(2) and 46;
paragraphs 7, 8, 12 and 14 of Schedule 6, and section 50 so far as relating thereto;
paragraph 17 of Schedule 7, and section 53 so far as relating thereto;
Schedule 8, so far as relating to— and section 54 so far as relating thereto.
the repeal in the Social Security Administration (Northern Ireland) Act 1992 (c. 8), and
the revocations in the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)) and the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671),
In sections 5 and 13 to 15 and paragraph 53 of Schedule 7, references to statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay or statutory neonatal care pay include statutory pay under Northern Ireland legislation corresponding to Part 12ZA , Part 12ZB , Part 12ZC , Part 12ZD or Part 12ZE of the Social Security Contributions and Benefits Act 1992 (c. 4).
Sections 11 and 12
Subject to sub-paragraph (2) and except where proceedings have been instituted under paragraph 5, an officer of the Board authorised by the Board for the purposes of this paragraph may make a determination— Sub-paragraph (1) does not apply to the imposition of such a penalty as is mentioned in section 11(2)(a). Notice of a determination of a penalty under this paragraph shall be served on the person liable to the penalty and shall state the date on which it is issued and the time within which an appeal against the determination may be made. After the notice of a determination under this paragraph has been served the determination shall not be altered except in accordance with this paragraph or on appeal. If it is discovered by an officer of the Board authorised by the Board for the purposes of this paragraph that the amount of a penalty determined under this paragraph is or has become insufficient, the officer may make a determination in a further amount so that the penalty is set at the amount which, in his opinion, is correct or appropriate.
Where in the opinion of the Board the liability of any person for a penalty under section 11 or 12 arises by reason of the fraud of that or any other person, proceedings for the penalty may be instituted before the High Court or, in Scotland, the Court of Session as the Court of Exchequer in Scotland. Subject to sub-paragraph (3), proceedings under this paragraph shall be instituted— Sub-paragraph (2) shall not prevent proceedings under this paragraph being instituted in England and Wales under the Crown Proceedings Act 1947 (c. 44) by and in the name of the Board as an authorised department for the purposes of that Act. Any proceedings under this paragraph instituted in England and Wales shall be deemed to be civil proceedings by the Crown within the meaning of Part 2 of the Crown Proceedings Act 1947. If in proceedings under this paragraph the court does not find that fraud is proved but considers that the person concerned is nevertheless liable to a penalty, the court may determine a penalty notwithstanding that, but for the opinion of the Board as to fraud, the penalty would not have been a matter for the court.
After paragraph (p) of section 178(2) of the Finance Act 1989 (c. 26) (setting rates of interest) there shall be inserted— A penalty under section 11 or 12 shall carry interest at the rate applicable under section 178 of the Finance Act 1989 from the date on which it becomes due and payable until payment.
A penalty determined under paragraph 1 above shall be due and payable at the end of the period of thirty days beginning with the date of the issue of the notice of determination. Part 6 of the Taxes Management Act 1970 (c. 9) shall apply in relation to a penalty determined under paragraph 1 as if it were tax charged in an assessment and due and payable.
In section 3 of the Social Security Act 1998 (c. 14) (use of information)—
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in subsection (4), at the end there is inserted “or the Department for Employment and Learning in Northern Ireland”.
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in sub-paragraph (1), after “war pensions” there is inserted “, or employment or training”;
in sub-paragraph (2), after “and” there is inserted “(subject to sub-paragraph (2A))”; and
An officer of the Inland Revenue may not require the supply under sub-paragraph (2) of information which is held for the purposes of functions relating to employment or training.
“the Department” means the Department for Social Development but—
The Employment Rights Act 1996 is amended as follows.
In section 122C of the Social Security Administration Act 1992 (c. 5) (supply of information to authorities administering benefit)—
in subsection (1), after “social security” there is inserted “ , child support or war pensions, or employment or training, ”; and
after subsection (7) there is inserted—
In section 27(1) (meaning of “wages”), after paragraph (c) there is inserted—.
In section 122D of that Act (supply of information by authorities administering benefit), in subsection (1), after “social security” there is inserted “, child support or war pensions, or employment or training”.
Section 47C (leave for family and domestic reasons) is amended as follows. After paragraph (b) of subsection (2) there is inserted—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3(3) of the Social Security Act 1998 (c. 14) (which is superseded by paragraphs 2 and 3) shall cease to have effect.
In section 48 (right to present complaint of detriment to employment tribunal), in subsection (1), for “or 47C” there is substituted “ , 47C or 47D ”.
or to both.
Section 88 (pay during notice period: employments with normal working hours) is amended as follows. In subsection (1)(c), for “parental leave” there is substituted “ adoption leave, parental leave or paternity leave ”. In subsection (2), after “statutory maternity pay,” there is inserted “ paternity pay, statutory paternity pay, adoption pay, statutory adoption pay, ”.
Section 89 (pay during notice period: employments without normal working hours) is amended as follows. In subsection (3)(b), for “parental leave” there is substituted “ adoption leave, parental leave or paternity leave ”. In subsection (4), after “statutory maternity pay,” there is inserted “ paternity pay, statutory paternity pay, adoption pay, statutory adoption pay, ”.
In section 92 (right to written statement of reasons for dismissal), in subsections (2) and (3), for “subsection (4)” there is substituted “ subsections (4) and (4A) ”, and after subsection (4) there is inserted—
In section 98 (fairness of dismissal: general), in subsection (6)—
for “are” there is substituted “ is ”, and
in paragraph (a), for “99” there is substituted “ 98A ”.
Section 99 (unfair dismissal: leave for family reasons) is amended as follows. After paragraph (b) of subsection (3) there is inserted—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 104 (protection for those asserting certain statutory rights), in subsection (4)(c) (relevant statutory rights under the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) after “168,” there is inserted “ 168A, ”.
In section 106 (dismissal of replacement employees), in subsection (2)(a), after “childbirth,” there is inserted “ or on adoption leave ”.
In section 112(4) (which provides that an award of compensation for unfair dismissal where no order is made for reinstatement or re-engagement shall be calculated in accordance with certain provisions of that Act), for “127A” there is substituted “ 126 ”.
In section 117(3)(a) (which provides that an award of compensation for unfair dismissal where an order for reinstatement or re-engagement is not complied with shall be calculated in accordance with certain provisions of that Act), for “127A” there is substituted “ 126 ”.
In section 118(1)(b) (which provides that compensation for unfair dismissal shall include a compensatory award calculated in accordance with certain provisions of that Act), for “126 and 127A(1), (3) and (4)” there is substituted “ 124A and 126 ”.
In section 123(1) (which provides that calculation of the compensatory award is subject to the provisions of that section and certain other provisions of that Act), for “, 126, 127 and 127A(1), (3) and (4)” there is substituted “ , 124A and 126 ”.
Section 127A(internal appeal procedures) shall cease to have effect.
In section 191(2) (provisions of the Act which have effect in relation to Crown employment), for paragraph (c) there is substituted—.
In section 192(2)(e) (provisions of Part 10 of the Act which have effect in relation to service as a member of the armed forces), after “103” there is inserted “ , 104C ”.
In sections 194(2) and 195(2) (provisions of the Act which have effect in relation to employment as a member of the House of Lords or House of Commons staff)—
in paragraph (c), for “and 47C” there is substituted “ , 47C and 47D ”, and
for paragraph (e) there is substituted—.
Section 199 (application of the Act to mariners) is amended as follows. In subsection (2) (provisions not applying to share fishermen)— In subsection (8) (provisions whose application is subject to the limitation in subsection (7)), for paragraph (d) there is substituted—.
In section 225 (definition of calculation date for the purposes of the calculation of a week’s pay in relation to cases connected with rights during employment), at the end there is inserted—
In section 226(3) (definition of calculation date for the purposes of the calculation of a week’s pay in relation to cases connected with unfair dismissal), for “119, 121 or 127A” there is substituted “ 112, 119, 120 or 121 ”.
Section 227(1) (maximum amount of week’s pay) is amended as follows. Before paragraph (a) there is inserted—. For “or” at the end of paragraph (b) there is substituted—.
Section 235 (other definitions) is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In the definition of “week” in subsection (1), for “section 86” there is substituted “ sections 80A, 80B and 86 ”.
Section 236(3) (procedure for making orders and regulations) is amended as follows. After “73,” there is inserted “ 75A, 75B, ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An appeal may be brought against the determination of a penalty under paragraph 1. The provisions of the Taxes Management Act 1970 relating to appeals, except section 50(6) to (8), shall have effect in relation to an appeal against such a determination as they have effect in relation to an appeal against an assessment to taxexcept that references to the tribunal shall be taken to be references to the First-tier Tribunal. On an appeal by virtue of sub-paragraph (2) against the determination of a penalty under paragraph 1, the First-tier Tribunal may— In addition to any right of appeal on a point of law under section 11(2) of the Tribunals, Courts and Enforcement Act 2007, the person liable to the penalty may appeal to the Upper Tribunal against the amount of the penalty which had been determined under sub-paragraph (3), but not against any decision which falls under section 11(5)(d) or (e) of that Act and was made in connection with the determination of the amount of the penalty. Section 11(3) and (4) of the Tribunals, Courts and Enforcement Act 2007 applies to the right of appeal under sub-paragraph (4) as it applies to the right of appeal under section 11(2) of that Act. On an appeal under this paragraph the Upper Tribunal has the like jurisdiction as is conferred on the First-tier Tribunal by virtue of this paragraph.
The Board may in their discretion mitigate any penalty under section 11 or 12, or stay or compound any proceedings for a penalty, and may also, after judgment, further mitigate or entirely remit the penalty.
In this Schedule—
The employer must—
set out in writing—
the employee’s alleged misconduct which has led to the dismissal,
what the basis was for thinking at the time of the dismissal that the employee was guilty of the alleged misconduct, and
the employee’s right to appeal against dismissal, and
send the statement or a copy of it to the employee.
The employee must—
set out in writing—
the grievance, and
the basis for it, and
send the statement or a copy of it to the employer.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in sub-paragraph (2)—
after “and” there is inserted “(subject to sub-paragraph (2A))”; and
at the end there is inserted “, or employment or training”;
An authorised officer may not require the supply under sub-paragraph (2) of information for use for the purposes of functions relating to employment or training.
in sub-paragraph (3), for “sub-paragraph (2) above” there is substituted “this paragraph”.
The employer must set out his response in writing and send the statement or a copy of it to the employee.
Timing and location of meetings must be reasonable. Meetings must be conducted in a manner that enables both employer and employee to explain their cases. In the case of appeal meetings which are not the first meeting, the employer should, as far as is reasonably practicable, be represented by a more senior manager than attended the first meeting (unless the most senior manager attended that meeting).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (2), after paragraph (a) there is inserted—;
in that subsection, after paragraph (b) there is insertedor; and
in subsection (4), after “paragraph (b)” there is inserted “or (c)”.
In section 121E of the Social Security Administration Act 1992 (c. 5) (supply of contributions etc. information held by Inland Revenue)—
in subsection (2)—
after “and” there is inserted “(subject to subsection (2A))”; and
at the end there is inserted “, or employment or training”;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (3), for “subsection (2)” there is substituted “this section”.
The Social Security Contributions and Benefits Act 1992 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 72 of the Welfare Reform and Pensions Act 1999, in subsection (3), after paragraph (a) there is inserted—.
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In section 115D of the Social Security Administration (Northern Ireland) Act 1992 ©. 8) (supply of contributions etc. information held by Inland Revenue)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
after “and” there is inserted “(subject to subsection (2A))”; and
at the end there is inserted “or employment or training”;
after that subsection there is inserted—; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (3), for “subsection (2)” there is substituted “ this section ”.
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in subsection (2), after paragraph (a) there is inserted—;
in that subsection, after paragraph (b) there is insertedor; and
in subsection (4), after “paragraph (b)” there is inserted “or (c)”.
Section 35 (maternity allowance) is amended as follows. In subsection (1), for paragraph (c) there is substituted—. In subsection (3)(c), for “above or in section 35A(2) or (3) below” there is substituted “ or (c) above ”. After subsection (6) there is inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 35A (appropriate weekly rate of maternity allowance), for subsections (6) to (8) there is substituted—
In section 164 (statutory maternity pay – entitlement and liability to pay), in subsection (10)(b), for “section 166(2)” there is substituted “ section 166(1) and (2) ”.
In section 176 (Parliamentary control), in subsection (1)(a) (affirmative procedure: regulations), at the end there is inserted “ section 171ZE(1); section 171ZN(1. ”
Section 29
If the employee does wish to appeal, he must inform the employer. If the employee informs the employer of his wish to appeal, the employer must invite him to attend a further meeting. The employee must take all reasonable steps to attend the meeting. The appeal meeting need not take place before the dismissal or disciplinary action takes effect. After the appeal meeting, the employer must inform the employee of his final decision.
In section 121F of the Social Security Administration Act 1992 (supply to Inland Revenue for purposes of contributions etc. of information held by Secretary of State)—
in subsection (1), after “war pensions” there is inserted “ , or employment or training ”;
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 115E of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (supply to Inland Revenue for purposes of contributions etc. of information held by Department or Secretary of State)—
in subsection (1), after “child support” there is inserted “ or employment or training ”;
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If the employee does wish to appeal, he must inform the employer. If the employee informs the employer of his wish to appeal, the employer must invite him to attend a meeting. The employee must take all reasonable steps to attend the meeting. After the appeal meeting, the employer must inform the employee of his final decision.
...
The employee must set out the grievance in writing and send the statement or a copy of it to the employer.
The Employment Tribunals Act 1996 is amended as follows. In section 18(1) (claims and proceedings to which provisions as to conciliation apply)— In section 19 (conciliation procedure), at the end of paragraph (a) there is inserted “ and ”.
In paragraph 5A of Schedule 2 to the Social Security Act 1998 (no appeal against a decision made in consequence of a decision under regulations under section 2A of the Administration Act), after “section 2A” there is inserted “ or 2AA ”.
In section 23(1) of the Employment Relations Act 1999 (power to extend application of rights conferred under certain enactments), after paragraph (b) there is inserted—.
“the Board” means the Commissioners of Inland Revenue;
The employer must invite the employee to attend a meeting to discuss the grievance. The meeting must not take place unless— The employee must take all reasonable steps to attend the meeting. After the meeting, the employer must inform the employee of his decision as to his response to the grievance and notify him of the right to appeal against the decision if he is not satisfied with it.
“employer” and “employee” have the same meanings as in Parts 12ZA and 12ZB of the Social Security Contributions and Benefits Act 1992.
The following requirements apply to each of the procedures set out above (so far as applicable).
A meeting held for the purposes of this Schedule is a hearing for the purposes of section 13(4) and (5) of the Employment Relations Act 1999 (c. 26) (definition of “disciplinary hearing” and “grievance hearing” in relation to the right to be accompanied under section 10 of that Act).
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
In section 171 (time limit for proceedings under section 168, 169 or 170), after “168,” there is inserted “ 168A, ”.
In section 172(1) (remedies for complaint under section 168 or 170), after “168” there is inserted “ , 168A ”.
In section 173 (provisions supplementary to sections 168 to 170)—
in subsection (1), after “168” there is inserted “ , 168A ”, and
in subsection (2), after “168,” there is inserted “ 168A, ”.
In section 212A(1) (claims and proceedings to which ACAS arbitration scheme applies)—
after “tribunal” insert “ under, or ”, and
after “contravention of” insert—, and
in paragraph (a), for “the Employment Rights Act 1996” substitute “ that Act ”.
Section 31
Section 2 of the Equal Pay Act 1970 (c. 41) (equality clauses) Section 63 of the Sex Discrimination Act 1975 (c. 65) (discrimination in the employment field) Section 54 of the Race Relations Act 1976 (c. 74) (discrimination in the employment field) Section 145A of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements relating to union membership or activities) Section 145B of that Act (inducements relating to collective bargaining) Section 146 of that Act (detriment in relation to union membership and activities) Paragraph 156 of Schedule A1 to that Act (detriment in relation to union recognition rights) Section 17A of the Disability Discrimination Act 1995 (discrimination in the employment field) Section 23 of the Employment Rights Act 1996 (c. 18) (unauthorised deductions and payments) Section 48 of that Act (detriment in employment) Section 111 of that Act (unfair dismissal) Section 163 of that Act (redundancy payments) Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to national minimum wage) ... The Employment Tribunal Extension of Jurisdiction (England and Wales) Order 1994 ( S.I. 1994/1623) (breach of employment contract and termination) The Employment Tribunal Extension of Jurisdiction (Scotland) Order 1994 ( S.I. 1994/1624) (corresponding provision for Scotland) Regulation 30 of the Working Time Regulations 1998 ( S.I. 1998/1833) (breach of regulations) Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 ( S.I. 1999/3323) (detriment relating to European Works Councils) Regulation 28 of the Employment Equality (Sexual Orientation) Regulations 2003 (discrimination in the employment field) Regulation 28 of the Employment Equality (Religion or Belief) Regulations 2003 (discrimination in the employment field) Regulation 45 of the European Public Limited-Liability Company Regulations 2004 ( S.I. 2004/2326 ) (detriment in employment). Regulation 33 of the Information and Consultation of Employees Regulations 2004 ( S.I. 2004/3426 ) (detriment in employment). Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 ( S.I. 2006/349 ) (detriment in employment) Regulation 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (detriment in relation to involvement in a European Cooperative Society) Regulation 36 of the Employment Equality (Age) Regulations 2006 (discrimination in the employment field) Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 (detriment in relation to special negotiating body or employee participation) Regulation 17 of the Cross-border Railways Services (Working Time) Regulations 2008 (breach of regulations)
Section 32
Section 2 of the Equal Pay Act 1970 (c. 41) (equality clauses) Section 63 of the Sex Discrimination Act 1975 (c. 65) (discrimination in the employment field) Section 54 of the Race Relations Act 1976 (c. 74) (discrimination in the employment field) Section 145A of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements relating to union membership or activities) Section 145B of that Act (inducements relating to collective bargaining) Section 146 of that Act (detriment in relation to union membership and activities) Paragraph 156 of Schedule A1 to that Act (detriment in relation to union recognition rights) Section 17A of the Disability Discrimination Act 1995 (discrimination in the employment field) Section 23 of the Employment Rights Act 1996 (c. 18) (unauthorised deductions and payments) Section 48 of that Act (detriment in employment) Section 111 of that Act (unfair dismissal) Section 163 of that Act (redundancy payments) Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to national minimum wage) ... Regulation 30 of the Working Time Regulations 1998 (S.I. 1998/1833) (breach of regulations) Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323) (detriment relating to European Works Councils) Regulation 28 of the Employment Equality (Sexual Orientation) Regulations 2003 (discrimination in the employment field) Regulation 28 of the Employment Equality (Religion or Belief) Regulations 2003 (discrimination in the employment field) Regulation 45 of the European Public Limited-Liability Company Regulations 2004 ( S.I. 2004/2326 ) (detriment in employment) Regulation 33 of the Information and Consultation of Employees Regulations 2004 ( S.I. 2004/3426 ) (detriment in employment) Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 ( S.I. 2006/349 ) (detriment in employment) Regulation 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (detriment in relation to involvement in a European Cooperative Society) Regulation 36 of the Employment Equality (Age) Regulations 2006 (discrimination in the employment field) Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 (detriment in relation to special negotiating body or employee participation) Regulation 17 of the Cross-border Railways Services (Working Time) Regulations 2008 (breach of regulations)
Section 38
... ... ... Section 145A of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements relating to union membership or activities) Section 145B of that Act (inducements relating to collective bargaining) Section 146 of that Act (detriment in relation to union membership and activities) Paragraph 156 of Schedule A1 to that Act (detriment in relation to union recognition rights) ... Section 23 of the Employment Rights Act 1996 (c. 18) (unauthorised deductions and payments) Section 48 of that Act (detriment in employment) Section 111 of that Act (unfair dismissal) Section 163 of that Act (redundancy payments) Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to national minimum wage) ... The Employment Tribunal Extension of Jurisdiction (England and Wales) Order 1994 (S.I. 1994/1623) (breach of employment contract and termination) The Employment Tribunal Extension of Jurisdiction (Scotland) Order 1994 (S.I. 1994/1624) (corresponding provision for Scotland) Regulation 30 of the Working Time Regulations 1998 (S.I. 1998/1833) (breach of regulations) Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323) (detriment relating to European Works Councils) ... ... Regulation 45 of the European Public Limited-Liability Company Regulations 2004 ( S.I. 2004/2326 ) (detriment in employment) Regulation 33 of the Information and Consultation of Employees Regulations 2004 ( S.I. 2004/3426 ) (detriment in employment) Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 ( S.I. 2006/349 ) (detriment in employment) Regulation 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (detriment in relation to involvement in a European Cooperative Society) ... ... Regulation 17 of the Cross-border Railways Services (Working Time) Regulations 2008 (breach of regulations) “Sections 120 and 127 of the Equality Act 2010 (discrimination etc in work cases)”.
Section 50
Section 53
“the Department” means the Department for Social Development or the Department for Employment and Learning;
The Social Security Administration Act 1992 is amended as follows.
Section 2B (supplementary provisions about work-focused interviews) is amended as follows. In subsection (1), after “relevant decisions” there is inserted “ made under regulations under section 2A or 2AA ”. In subsection (2), for the words from “is a” to “2A above” there is substituted “ , in relation to regulations under section 2A above, is a decision ”. After subsection (2) there is inserted— In subsections (3), (5)(a) and (9), after “section 2A” there is inserted “ or 2AA ”.
In section 2C (optional work-focused interviews), in subsection (2)—
for the words from “persons” (in the first place it appears) to the end of paragraph (b) there is substituted— ; and
after “section 2A” there is inserted “ or 2AA ”.
In section 5 (regulations about claims for and payments of benefit), in subsection (5) (application to statutory sick pay and statutory maternity pay), for “and statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay and statutory adoption pay ”.
In section 7A (sharing of functions as regards claims and information)—
in subsection (2), after “social security” (in each place) there is inserted “ or work ”;
in subsection (6), for paragraph (e) there is substituted—.
In section 122AA (disclosure of information by the Inland Revenue), in subsection (1) (which permits the disclosure of information relating to statutory sick pay and maternity pay by the Board to certain authorities, or in connection with certain agreements with countries outside the United Kingdom), for “or statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay or statutory adoption pay ”.
In section 150 (annual uprating of benefits), in subsection (1)(j), for “section 166(3)” there is substituted “ section 166(1)(b), 171ZE(1) or 171ZN(1) ”.
In section 190 (Parliamentary control of orders and regulations), in subsection (1), after paragraph (aa) there is inserted—.
“the Northern Ireland Department” means the Department for Social Development but—
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sections 132 and 133 of the Finance Act 1999 shall have effect as if statutory maternity pay, statutory paternity pay and statutory adoption pay were matters which are under the care and management of the Commissioners of Inland Revenue.
Section 54 Short title and chapter Extent of repeal Social Security Contributions and Benefits Act 1992 (c. 4). In section 164(2)(a), the words “, wholly or partly because of pregnancy or confinement”. Social Security Administration Act 1992 (c. 5). In section 2B(9), the words from “the following” to the first “and”. In section 122(2), the word “or” before paragraph (b). Social Security Administration (Northern Ireland) Act 1992 (c. 8). In section 116(2), the word “or” before paragraph (b). Employment Tribunals Act 1996 (c. 17). In section 19, paragraph (c) and the word “and” immediately before it. Employment Rights Act 1996 (c. 18). Section 3(3) and (4). Section 118(4). Section 127A. Social Security Administration (Fraud) Act 1997 (c. 47). In Schedule 1, paragraph 12(3). Employment Rights (Dispute Resolution) Act 1998 (c. 8). Section 13. In Schedule 1, paragraphs 19 to 21, 23 and 26. Social Security Act 1998 (c. 14). Section 3(3). Social Security Contributions (Transfer of Functions, Etc.) Act 1999 (c. 2). In Schedule 1, paragraph 13. Employment Relations Act 1999 (c. 26). Section 11(6). Welfare Reform and Pensions Act 1999 (c. 30). Section 53(2)(b). Title and reference Extent of revocation Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)). In Schedule 1, paragraph 7. Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671). In Schedule 1, paragraph 15.