- Enforced by
- HMRC, HSE, Insolvency Service, Fair Work Agency, Employment Tribunal, UK Government
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Prosecution 2 of 79 obligations carry a fine up to £1,000. 3 carry different penalties and 74 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Plus 27 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Employer — also bound by 682 other Acts
Employee — also bound by 189 other Acts
What it requires
Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
Employment particulars
6 of 14 sections shown- Give a written statement of employment particulars to every new workerEmployer
- Provide a complete written statement of employment particularsEmployer
- Provide workers with a written statement of changes to employment termsEmployer
- Provide employees and workers with itemised pay statementsEmployer
- Provide and annually re-issue standing statement of fixed deductionsEmployer
Other duties (1) — Crown / regulator
- Tribunal must determine terms of employment and pay statementsTribunal / Court
8 other sections in this Part — procedural and definitional
Zero hours workers and similar
8 of 31 sections shown- Offer guaranteed hours to qualifying workers after each reference periodEmployer
- Provide a notice when proposing less favourable terms in a guaranteed hours offerEmployer
- Notify qualifying workers if guaranteed hours offer is excepted or withdrawnEmployer
- Inform workers about guaranteed hours rightsEmployer
- Give reasonable notice of shifts to zero-hours and irregular-hours workersEmployer
- Give reasonable notice of shift cancellations or changesEmployer
- Pay workers for shifts cancelled, moved or curtailed at short noticeEmployer
- Give notice to worker if relying on a regulation exception to avoid shift cancellation paymentEmployer
23 other sections in this Part — procedural and definitional
TIPS, GRATUITIES AND SERVICE CHARGES
7 of 23 sections shown- Allocate and pay all tips and service charges fairly to staffEmployer
- Distribute tips and service charges by the end of the following monthEmployer
- Maintain written policy on handling tips, gratuities and service chargesEmployer
- Keep records of tips, gratuities and service charges for 3 yearsEmployer
Other duties (1) — Crown / regulator
- Tribunal must hear complaints regarding the fair allocation of tipsTribunal / Court
Other duties (1) — Crown / regulator
- Tribunals must hear worker complaints regarding tipping records and policiesTribunal / Court
- Do not seek restitution from workers for revised tip allocationsEmployer
16 other sections in this Part — procedural and definitional
Protection of wages
5 of 15 sections shown- Do not make unauthorised deductions from workers' wagesEmployer
- Do not accept payments from workers unless authorisedEmployer
- Limit wage deductions for retail cash shortages and stock deficienciesEmployer
- Follow strict procedures for retail cash or stock shortage paymentsEmployer
Other duties (1) — Crown / regulator
- Tribunals must order repayment and compensation for unlawful wage deductionsTribunal / Court
10 other sections in this Part — procedural and definitional
Guarantee payments
0 of 8 sections shown8 other sections in this Part — procedural and definitional
Sunday working for shop and betting workers
3 of 14 sections shown- Provide a Sunday work explanatory statement to new shop workersEmployer
- Inform existing shop workers of Sunday opting-out rightsEmployer
- Give written statement of Sunday betting work rights to betting workersEmployer
11 other sections in this Part — procedural and definitional
Protected disclosures
0 of 13 sections shown13 other sections in this Part — procedural and definitional
Protection for applicants for employment etc in the health service
0 of 1 section shown1 other section in this Part — procedural and definitional
Redundancy or dismissal during a protected period of pregnancy
0 of 2 sections shown2 other sections in this Part — procedural and definitional
Protection from suffering detriment in employment
1 of 17 sections shownOther duties (1) — Crown / regulator
- Tribunal must award compensation for successful employment detriment claimsTribunal / Court
16 other sections in this Part — procedural and definitional
Study and training
2 of 8 sections shown- Deal with employee study or training requests according to regulationsEmployer
Other duties (1) — Crown / regulator
- Tribunal must provide remedies for failed training request complaintsTribunal / Court
6 other sections in this Part — procedural and definitional
Time off work
17 of 38 sections shown- Permit employees reasonable time off for public dutiesEmployer
Other duties (1) — Crown / regulator
- Tribunal must determine complaints and may award compensationTribunal / Court
- Pay employees for time off to look for work or arrange trainingEmployer
- Pay employees for time off taken for antenatal careEmployer
Other duties (1) — Crown / regulator
- Tribunal must order compensation for denied ante-natal time off or payTribunal / Court
Other duties (1) — Crown / regulator
- Tribunal must decide on complaints regarding time off for dependantsTribunal / Court
- Pay agency workers for time off for antenatal appointmentsEmployer
Other duties (1) — Crown / regulator
- Tribunal must award compensation for denied antenatal care time offTribunal / Court
- Pay employees for time off to attend adoption appointmentsEmployer
- Pay agency workers for time off to attend adoption appointmentsEmployer
- Allow pension scheme trustee employees time off for duties and trainingEmployer
- Pay employees for time spent as a pension scheme trusteeEmployee
Other duties (1) — Crown / regulator
- Tribunals may award compensation for denied pension trustee time offTribunal / Court
- Pay employees for time off taken for representative dutiesEmployer
Other duties (1) — Crown / regulator
- Tribunal must order payment and issue declaration for refused time offTribunal / Court
- Pay eligible young employees for time off taken for study or trainingEmployer
Other duties (1) — Crown / regulator
- Tribunal must order payment for refused time off or unpaid trainingTribunal / Court
21 other sections in this Part — procedural and definitional
Suspension from work
2 of 13 sections shown- Pay employees suspended on maternity groundsEmployer
- Pay agency workers if their assignment ends for maternity reasonsEmployer
11 other sections in this Part — procedural and definitional
Flexible working
1 of 4 sections shown- Handle employee flexible working requests reasonably and respond within 2 monthsEmployer
3 other sections in this Part — procedural and definitional
Carer’s leave
2 of 5 sections shownOther duties (1) — Crown / regulator
- Secretary of State must create regulations for Carer’s LeaveCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Tribunal must adjudicate complaints regarding carer's leaveTribunal / Court
3 other sections in this Part — procedural and definitional
- Do not permit an employee to work during compulsory maternity leaveEmployer
Fine up to £500
Other duties (1) — Crown / regulator
- Secretary of State must create regulations for parental leave entitlementCrown / Minister / Government department
- Maintain employment rights and return-to-work protections during parental leaveEmployee
- Do not prevent or unreasonably postpone parental leaveEmployer
Other duties (1) — Crown / regulator
- Secretary of State must create regulations for paternity leave rightsCrown / Minister / Government department
- Protect employee rights and job security during paternity leaveEmployee
Other duties (1) — Crown / regulator
- Secretary of State must create parental bereavement leave regulationsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Secretary of State must create regulations for neonatal care leaveCrown / Minister / Government department
29 other sections in this Part — procedural and definitional
Termination of employment
4 of 8 sections shown- Provide employees with mandatory minimum notice of terminationEmployee
- Pay employees their normal rate during statutory notice periodsEmployer
- Provide a written statement of reasons for dismissal upon requestEmployer
Other duties (1) — Crown / regulator
- Tribunal must award compensation for failure to provide dismissal reasonsTribunal / Court
4 other sections in this Part — procedural and definitional
Unfair dismissal
43 of 69 sections shownamended 3 times
amended 12 times
amended 12 times
amended 12 times
amended 12 times
amended 12 times
amended 12 times
amended 12 times
amended 12 times
amended 12 times
amended 12 times
amended 7 times
Other duties (1) — Crown / regulator
- Tribunal must offer remedies and award compensation for unfair dismissalTribunal / Court
Other duties (1) — Crown / regulator
- Tribunal must specify terms when ordering an employee's reinstatementTribunal / Court
amended 38 times
amended 1 time
amended 1 time
Other duties (1) — Crown / regulator
- Tribunal must follow procedures for interim relief applicationsTribunal / Court
Other duties (1) — Crown / regulator
- Tribunal must order contract continuation or compensation for non-complianceTribunal / Court
amended 5 times
26 other sections in this Part — procedural and definitional
Redundancy payments etc.
20 of 47 sections shown- Pay required redundancy payments to eligible employeesEmployer
- Fail to give written redundancy payment detailsEmployer
Fine up to £1,000
Other duties (1) — Crown / regulator
- Secretary of State must pay redundancy from National Insurance Fund if employer cannotCrown / Minister / Government department
- Fail to comply with information noticeEmployer
Fine up to £1,000
- Corporate-liability attribution for Part XI offences by directors and officersEmployer
27 other sections in this Part — procedural and definitional
Insolvency of employers
8 of 9 sections shownOther duties (1) — Crown / regulator
- Secretary of State must pay unpaid wages if your employer goes insolventCrown / Minister / Government department
- Fail to supply information or documents when requiredEmployer
Unlimited fine
1 other section in this Part — procedural and definitional
Miscellaneous
20 of 23 sections shownOther duties (1) — Crown / regulator
- Minister may prohibit disclosure of information for national securityCrown / Minister / Government department
amended 14 times
amended 8 times
3 other sections in this Part — procedural and definitional
Interpretation
17 of 26 sections shown9 other sections in this Part — procedural and definitional
General and supplementary
2 of 10 sections shown8 other sections in this Part — procedural and definitional
Schedules
1 of 87 shown- Provide written statement of employment particulars to eligible employees upon request or when terms changeEmployer
86 other schedules
Help complying
Guvnor’s practical routes through this instrument.
Buy an existing business
Navigate the business acquisition process from finding opportunities to completing the purchase and your first 90 days as owner
Stop your sole trader business
Step-by-step guide to closing your self-employment - telling HMRC, filing final returns, and keeping required records
Explore business rescue and insolvency options
Understand your options when your company faces financial difficulty - from rescue procedures to formal insolvency, your duties as a director, and …
Transfer ownership of your business
Plan and execute business succession - family transfers, management buyouts, partner buyouts, or employee ownership
ERA 2025 compliance checklist
Quick compliance checklist for employers to identify which Employment Rights Act 2025 changes affect their business and by when. Covers SSP, family …
Understanding the Employment Rights Act 2025
Comprehensive walkthrough of all Employment Rights Act 2025 reforms for employers wanting to understand the full scope of changes. Covers day-one rights, …
CIS registration does not determine employment status
Why being CIS-registered does not make someone self-employed. Understand the critical distinction between CIS (a tax collection mechanism) and employment status (a …
Checklist for protecting new and expectant mothers
Compliance checklist for employers when an employee is pregnant, has recently given birth, or is breastfeeding. Covers the notification process, individual risk …
Employment Contracts and Written Statements
Your legal duty to provide written employment terms. Covers the day-1 requirement, mandatory terms, contract types, zero-hours protections, and penalties for non-compliance.
Employment status: employee, worker, or self-employed
How to correctly determine whether someone is an employee, worker, or self-employed - including gig economy couriers and delivery riders. Covers the …
Handle SPL curtailment, disputed eligibility and refused-booking disputes
How to manage the dispute surface around Shared Parental Leave - curtailment-notice withdrawals, partner eligibility challenges, refusing discontinuous bookings correctly, and the …
Handle statutory adoption leave and pay
Step-by-step employer task guide for processing statutory adoption leave and pay, including UK adoption, overseas adoption, surrogacy intended parents and foster-to-adopt placements.
Handle statutory paternity leave and pay (post-2024 rules)
Step-by-step task guide for processing a statutory paternity leave and pay request under the post-6-April-2024 regime (SI 2024/329). Covers eligibility, the 28-day …
How Shared Parental Leave works: a guide for employers and parents
Explainer on the Shared Parental Leave framework. Covers what SPL is and is not, the curtailment-and-conversion mechanic, eligibility for both parents, the …
38 more guides that reference this instrument
Connected legislation
Instruments made under this Act. They carry the detail the Act delegates.
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.