UK Act of Parliament 1996 United Kingdom

Employment Rights Act 1996

At a glance

What's here

79 compliance obligations, 46 practical guides across 5 topics · 35 journeys · 1 statutory instrument

Penalty landscape

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.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Employer 47
  • Employee 4
  • Director or Officer 1

Plus 27 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Step-by-step journeys using this legislation

Walkthroughs that take you from a real business situation to compliance.

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Part I — Employment particulars

s.004

Statement of changes.

  • Provide workers with a written statement of changes to employment terms Employer
s.012

Determination of references.

Other duties (1) — Crown / regulator
  • Tribunal must determine terms of employment and pay statements Tribunal / Court
Browse 8 other sections in this Part — procedural / definitional / commencement

Part 2A — Zero hours workers and similar

s.027

Right for qualifying workers to be offered guaranteed hours

  • Offer guaranteed hours to qualifying workers after each reference period Employer
s.027

Requirements relating to a guaranteed hours offer: supplementary

  • Provide a notice when proposing less favourable terms in a guaranteed hours offer Employer
s.027

Guaranteed hours offer: exceptions to duty to make offer and withdrawal of offer

  • Notify qualifying workers if guaranteed hours offer is excepted or withdrawn Employer
s.027

Information about rights conferred by Chapter 2

  • Inform workers about guaranteed hours rights Employer
s.027

Right to reasonable notice of a shift

  • Give reasonable notice of shifts to zero-hours and irregular-hours workers Employer
s.027

Right to reasonable notice of cancellation of or change to a shift

  • Give reasonable notice of shift cancellations or changes Employer
s.027

Right to payment for a cancelled, moved or curtailed shift

  • Pay workers for shifts cancelled, moved or curtailed at short notice Employer
s.027

Exceptions to duty to make payment for a cancelled, moved or curtailed shift

  • Give notice to worker if relying on a regulation exception to avoid shift cancellation payment Employer
Browse 23 other sections in this Part — procedural / definitional / commencement
s.027

Exclusivity terms unenforceable in zero hours contracts

s.027

Power to make further provision in relation to zero hours workers

s.027

Requirements relating to a guaranteed hours offer

s.027

Acceptance or rejection of a guaranteed hours offer

s.027

Complaints to employment tribunals: grounds

s.027

Complaints to employment tribunals: time limits

s.027

Remedies

s.027

Sections 27BJ and 27BK: supplementary

s.027

Interaction with Chapter 4

s.027

Complaints to employment tribunals

s.027

Remedies

s.027

Regulations under section 27BP: supplementary

s.027

Contractual remuneration

s.027

Complaints to employment tribunal

s.027

Remedies

s.027

Agency workers

s.027

Zero hours workers, etc

s.027

Agency workers

s.027

Supplementary provision

s.027

Regulations

s.027

Interpretation

s.027

Interpretation

s.027

Regulations

Part 2B — TIPS, GRATUITIES AND SERVICE CHARGES

s.027

How tips etc must be dealt with

  • Allocate and pay all tips and service charges fairly to staff Employer
s.027

When tips etc must be dealt with

  • Distribute tips and service charges by the end of the following month Employer
s.027

Written policy

  • Maintain written policy on handling tips, gratuities and service charges Employer
s.027

Records

  • Keep records of tips, gratuities and service charges for 3 years Employer
s.027

Complaints to employment tribunal about tips etc

Other duties (1) — Crown / regulator
  • Tribunal must hear complaints regarding the fair allocation of tips Tribunal / Court
s.027

Complaints to employment tribunal about information

Other duties (1) — Crown / regulator
  • Tribunals must hear worker complaints regarding tipping records and policies Tribunal / Court
s.027

No restitution claims by employer

  • Do not seek restitution from workers for revised tip allocations Employer
Browse 16 other sections in this Part — procedural / definitional / commencement
s.027

Qualifying tips, gratuities and service charges

s.027

Non-public places of business

s.027

Independent troncs

s.027

Agency workers

s.027

Determination of complaints about tips etc

s.027

Compensation: dealing with tips etc

s.027

Determination of complaints about information

s.027

Issue of code of practice

s.027

Procedure for issue of code of practice

s.027

Consequential revision of code of practice

s.027

Revocation of code of practice

s.027

Failure to comply with code of practice

s.027

Relationship with contractual rights

s.027

Restrictions on contracting out of this Part

s.027

Interpretation

s.027

Application

Part II — Protection of wages

s.024

Determination of complaints.

Other duties (1) — Crown / regulator
  • Tribunals must order repayment and compensation for unlawful wage deductions Tribunal / Court
Browse 10 other sections in this Part — procedural / definitional / commencement

Part IV — Sunday working for shop and betting workers

s.041

Explanatory statement: persons who become shop workers

  • Provide a Sunday work explanatory statement to new shop workers Employer
s.041

Explanatory statement: shop workers at commencement date

  • Inform existing shop workers of Sunday opting-out rights Employer
Browse 11 other sections in this Part — procedural / definitional / commencement
s.041

Notice of objection by shop workers to working additional hours on Sunday

s.041

Failure to give explanatory statement under section 41B or 41C

s.043

Contractual requirements relating to working additional hours on Sundays: objection notices

s.043

Interpretation

Part IVA — Protected disclosures

Browse 13 other sections in this Part — procedural / definitional / commencement
s.043

Meaning of “protected disclosure”.

s.043

Disclosures qualifying for protection.

s.043

Disclosure to employer or other responsible person.

s.043

Disclosure to legal adviser.

s.043

Disclosure to Minister of the Crown.

s.043

Disclosure to prescribed person.

s.043

Prescribed persons: duty to report on disclosures of information

s.043

Disclosure in other cases.

s.043

Disclosure of exceptionally serious failure.

s.043

Contractual duties of confidentiality.

s.043

Extension of meaning of “worker” etc. for Part IVA.

s.043

Application of this Part and related provisions to police

s.043

Other interpretative provisions.

Part 5A — Protection for applicants for employment etc in the health service

Browse 1 other section in this Part — procedural / definitional / commencement
s.049

Regulations prohibiting discrimination because of protected disclosure

Part 5B — Redundancy or dismissal during a protected period of pregnancy

Browse 2 other sections in this Part — procedural / definitional / commencement
s.049

Redundancy during a protected period of pregnancy

s.049

Section 49D: supplemental

Part V — Protection from suffering detriment in employment

s.049

Remedies.

Other duties (1) — Crown / regulator
  • Tribunal must award compensation for successful employment detriment claims Tribunal / Court
Browse 16 other sections in this Part — procedural / definitional / commencement
s.043

Jury service

s.045

Working time cases.

s.045

Sunday working for shop workers: additional hours

s.047

Employees exercising right to time off work for study or training.

s.047

Protected disclosures.

s.047

Leave for family and domestic reasons.

s.047

Tax credits

s.047

Flexible working

s.047

Study and training

s.047

Employee shareholder status

s.049

Application to police of section 44 and related provisions.

Part 6A — Study and training

s.063

Employer's duties in relation to application

  • Deal with employee study or training requests according to regulations Employer
s.063

Remedies

Other duties (1) — Crown / regulator
  • Tribunal must provide remedies for failed training request complaints Tribunal / Court
Browse 6 other sections in this Part — procedural / definitional / commencement
s.063

Statutory right to make request in relation to study or training

s.063

Section 63D application: supplementary

s.063

Regulations about dealing with applications

s.063

Employee's duties in relation to agreed study or training

s.063

Complaints to employment tribunals

s.063

Supplementary

Part VI — Time off work

s.057

Complaint to employment tribunal.

Other duties (1) — Crown / regulator
  • Tribunal must decide on complaints regarding time off for dependants Tribunal / Court
s.057

Right to remuneration for time off under section 57ZA

  • Pay agency workers for time off for antenatal appointments Employer
s.057

Complaint to employment tribunal: agency workers

Other duties (1) — Crown / regulator
  • Tribunal must award compensation for denied antenatal care time off Tribunal / Court
s.057

Right to remuneration for time off under section 57ZJ

  • Pay employees for time off to attend adoption appointments Employer
s.057

Right to remuneration for time off under section 57ZN

  • Pay agency workers for time off to attend adoption appointments Employer
s.063

Right to remuneration for time off under section 63A.

  • Pay employees for time off taken for study or training Employer
s.063

Complaints to employment tribunals.

Other duties (1) — Crown / regulator
  • Tribunal must order payment for refused time off or unpaid training Tribunal / Court
Browse 21 other sections in this Part — procedural / definitional / commencement
s.057

Time off for dependants.

s.057

Right to time off for ante-natal care (agency workers)

s.057

Agency workers: supplementary

s.057

Right to time off to accompany to ante-natal appointment

s.057

Complaint to employment tribunal

s.057

Right to time off to accompany to ante-natal appointment: agency workers

s.057

Complaint to employment tribunal: agency workers

s.057

Agency workers: supplementary

s.057

Right to paid time off to attend adoption appointments

s.057

Right to unpaid time off to attend adoption appointments

s.057

Complaint to employment tribunal

s.057

Right to paid time off to attend adoption appointments: agency workers

s.057

Right to unpaid time off to attend adoption meetings: agency workers

s.057

Complaint to employment tribunal: agency workers

s.057

Agency workers: supplementary

s.057

Placement of looked after children with prospective adopters

s.063

Right to time off for young person in Wales or Scotland for study or training.

Part VII — Suspension from work

s.068

Right to remuneration

  • Pay agency workers if their assignment ends for maternity reasons Employer
Browse 11 other sections in this Part — procedural / definitional / commencement
s.068

Meaning of ending the supply of an agency worker on maternity grounds

s.068

Right to offer of alternative work

s.068

Agency workers: supplementary

s.069

Calculation of remuneration (agency workers)

s.070

Complaints to employment tribunals: agency workers

Part 8A — Flexible working

s.080

Employer’s duties in relation to application under section 80F

  • Handle employee flexible working requests reasonably and respond within 2 months Employer
Browse 3 other sections in this Part — procedural / definitional / commencement
s.080

Statutory right to request contract variation

s.080

Complaints to employment tribunals

s.080

Remedies

Part 8B — Carer’s leave

s.080

Carer’s leave

Other duties (1) — Crown / regulator
  • Secretary of State must create regulations for Carer’s Leave Crown / Minister / Government department
s.080

Complaint to employment tribunal

Other duties (1) — Crown / regulator
  • Tribunal must adjudicate complaints regarding carer's leave Tribunal / Court
Browse 3 other sections in this Part — procedural / definitional / commencement
s.080

Rights during and after carer’s leave

s.080

Special cases

s.080

Part 8B: supplemental

Part VIII

s.076

Entitlement to parental leave.

Other duties (1) — Crown / regulator
  • Secretary of State must create regulations for parental leave entitlement Crown / Minister / Government department
s.080

Entitlement to ... paternity leave: birth

Other duties (1) — Crown / regulator
  • Secretary of State must create regulations for paternity leave rights Crown / Minister / Government department
s.080

Rights during and after paternity leave

  • Protect employee rights and job security during paternity leave Employee
s.080

Parental bereavement leave

Other duties (1) — Crown / regulator
  • Secretary of State must create parental bereavement leave regulations Crown / Minister / Government department
s.080

Neonatal care leave

Other duties (1) — Crown / regulator
  • Secretary of State must create regulations for neonatal care leave Crown / Minister / Government department
Browse 29 other sections in this Part — procedural / definitional / commencement
s.075

Ordinary adoption leave

s.075

Additional adoption leave

s.075

Redundancy and dismissal

s.075

Chapter 1A: supplemental

s.075

Entitlement to shared parental leave: birth

s.075

Entitlement to leave under section 75E: further provision

s.075

Entitlement to shared parental leave: adoption

s.075

Entitlement to leave under section 75G: further provision

s.075

Rights during and after shared parental leave

s.075

Redundancy and dismissal

s.075

Chapter 1B: supplemental

s.080

Entitlement to additional paternity leave: birth

s.080

Entitlement to ... paternity leave: adoption

s.080

Entitlement to additional paternity leave: adoption

s.080

Special cases

s.080

Chapter 3: supplemental

s.080

Rights during and after bereavement leave

s.080

Special cases

s.080

Chapter 4: supplemental

s.080

Application in relation to stillbirths

s.080

Rights during and after neonatal care leave

s.080

Special cases

s.080

Chapter 5: supplemental

Part IX — Termination of employment

s.093

Complaints to employment tribunal.

Other duties (1) — Crown / regulator
  • Tribunal must award compensation for failure to provide dismissal reasons Tribunal / Court
Browse 4 other sections in this Part — procedural / definitional / commencement

Part X — Unfair dismissal

s.103

Protected disclosure.

Amended 3 times
s.104

The national minimum wage.

Amended 12 times
s.104

Tax credits

Amended 12 times
s.104

Flexible working

Amended 12 times
s.104

Pension enrolment

Amended 12 times
s.104

Study and training

Amended 12 times
s.104

Blacklists

Amended 12 times
s.104

Employee shareholder status

Amended 12 times
s.104

Contracts of employment: restricted variations

Amended 12 times
s.104

Contracts of employment: variations that are not restricted variations

Amended 12 times
s.104

Redundancy: replacement of employees with people who are not employees

Amended 12 times
s.111

Confidentiality of negotiations before termination of employment

Amended 7 times
s.124

Adjustments under the Employment Act 2002

Amended 38 times
s.127

Internal appeal procedures.

Amended 1 time
s.127

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

Amended 1 time
s.134

Application to police.

Amended 5 times
Browse 26 other sections in this Part — procedural / definitional / commencement
s.098

Procedural fairness

s.098

Jury service

s.098

No normal retirement age: dismissal before 65

s.098

No normal retirement age: dismissal at or after 65

s.098

Normal retirement age: dismissal before retirement age

s.098

Normal retirement age 65 or higher: dismissal at or after retirement age

s.098

Normal retirement age below 65: dismissal at or after retirement age

s.098

Reason for dismissal: particular matters

s.098

Retirement dismissals: fairness

s.098

Interpretation

s.101

Working time cases.

s.101

Shop workers who refuse to work additional hours on Sunday

Part XI — Redundancy payments etc.

s.167

Making of payments.

Other duties (1) — Crown / regulator
  • Secretary of State must pay redundancy from National Insurance Fund if employer cannot Crown / Minister / Government department
s.180

Offences.

  • Corporate offence liability for directors and officers Director or Officer
Browse 27 other sections in this Part — procedural / definitional / commencement

Part XII — Insolvency of employers

Browse 1 other section in this Part — procedural / definitional / commencement

Part XIII — Miscellaneous

s.202

National security.

Amended 14 times
Other duties (1) — Crown / regulator
  • Minister may prohibit disclosure of information for national security Crown / Minister / Government department
s.202

Contractual duties of confidentiality relating to harassment and discrimination

Amended 14 times
s.205

Employee shareholders

Amended 8 times
Browse 3 other sections in this Part — procedural / definitional / commencement
s.207

Extension of time limits because of mediation in certain cross-border disputes

s.207

Extension of time limits to facilitate conciliation before institution of proceedings

Schedules

s.sch002

(1) Where an existing employee (as defined in paragraph 7A(1))...

  • Provide written statement of employment particulars to eligible employees upon request or when terms change Employer
Browse 86 other Schedules — structural / supplementary
s.sch001

(1) Section 1 of the Equal Pay Act 1970 is...

s.sch001

(1) The Race Relations Act 1976 is amended as follows....

s.sch001

In section 3(6) of the New Towns (Scotland) Act 1977,...

s.sch001

In section 12C(3) of the National Health Service (Scotland) Act...

s.sch001

In paragraph 1 of Schedule 2 to the House of...

s.sch001

In section 54(5) of the New Towns Act 1981, for...

s.sch001

In paragraph 8(4) of Schedule 13 to the Wildlife and...

s.sch001

In section 2(7) of the Hops Marketing Act 1982, for...

s.sch001

(1) Section 10 of the Atomic Energy Authority Act 1971...

s.sch001

In section 10(d) of the Administration of Justice Act 1982—...

s.sch001

In paragraph 23 of Part II of Schedule 3 to...

s.sch001

Schedule 1 para.22

s.sch001

In— (a) paragraph 5(5) of Part I of Schedule 1,...

s.sch001

In— (a) paragraph 5(5) of Part I, and

s.sch001

(1) The Prosecution of Offences Act 1985 is amended as...

s.sch001

(1) The Local Government Act 1985 is amended as follows....

s.sch001

In section 3(7) of the Trustee Savings Banks Act 1985,...

s.sch001

In paragraph 7(2)(b) of Schedule 4 to the Housing (Consequential...

s.sch001

In paragraph 13 of Schedule 6 to the Insolvency Act...

s.sch001

Paragraph 3 of Part I of Schedule 3 to the...

s.sch001

In paragraph 10(1) of Schedule 1 to the Legal Aid...

s.sch001

In section 73(3)(g) of the Debtors (Scotland) Act 1987, for...

s.sch001

In section 25(6) of the Pilotage Act 1987, for “Schedule...

s.sch001

In paragraph 10(2)(b) of Schedule 22 to the Housing (Scotland)...

s.sch001

In section 22(5) of the Consumer Protection Act 1987, for...

s.sch001

(1) The Income and Corporation Taxes Act 1988 is amended...

s.sch001

(1) The Education Reform Act 1988 is amended as follows....

s.sch001

In paragraph 6(4) of Schedule 11 to the Local Government...

s.sch001

In paragraph 12(1) of Schedule 1 to the Housing (Scotland)...

s.sch001

In paragraph 13(3)(a) of the Schedule to the British Library...

s.sch001

In section 18 of the Health and Medicines Act 1988,...

s.sch001

In section 6(3) of the Dock Work Act 1989—

s.sch001

(1) The Electricity Act 1989 is amended as follows.

s.sch001

In section 10 of the Local Government and Housing Act...

s.sch001

(1) The National Health Service and Community Care Act 1990...

s.sch001

In paragraph 17(1) of Schedule 1 to the Enterprise and...

s.sch001

In paragraph 15 of Schedule 10 to the Environmental Protection...

s.sch001

In paragraph 4 of Schedule 4 to the Natural Heritage...

s.sch001

In section 30(7) of the Coal Mining Subsidence Act 1991—...

s.sch001

In section 80(2A) of the Health and Safety at Work...

s.sch001

In section 24(8) of the Ports Act 1991, for the...

s.sch001

(1) The Social Security Contributions and Benefits Act 1992 is...

s.sch001

(1) The Further and Higher Education Act 1992 is amended...

s.sch001

In section 1 of the Timeshare Act 1992—

s.sch001

In section 33(3)(b) of the Further and Higher Education (Scotland)...

s.sch001

In section 1(7) of the Museums and Galleries Act 1992,...

s.sch001

(1) The Trade Union and Labour Relations (Consolidation) Act 1992...

s.sch001

In section 11(2) of the Tribunals and Inquiries Act 1992,...

s.sch001

In section 2(4)(b) of the Social Security Act 1993, for...

s.sch001

(1) The Sex Discrimination Act 1975 is amended as follows....

s.sch001

(1) The Railways Act 1993 is amended as follows.

s.sch001

(1) The Pension Schemes Act 1993 is amended as follows....

s.sch001

In paragraph 27 of Schedule 24 to the Finance Act...

s.sch001

(1) The Local Government (Wales) Act 1994 is amended as...

s.sch001

In paragraph 4(11) of Schedule 5 to the Coal Industry...

s.sch001

In section 126(2) of the Criminal Justice and Public Order...

s.sch001

(1) The Local Government etc. (Scotland) Act 1994 is amended...

s.sch001

(1) The Jobseekers Act 1995 is amended as follows.

s.sch001

In paragraph 3 of Schedule 2 to the Environment Act...

s.sch001

(1) The Disability Discrimination Act 1995 is amended as follows....

s.sch001

In paragraph 6 of Schedule 3 to the Scottish Development...

s.sch001

In paragraph 7 of Schedule 2 to the Welsh Development...

s.sch001

In section 23(1) of the Lotteries and Amusements Act 1976,...

s.sch002

The substitution of this Act for the provisions repealed or...

s.sch002

Any question as to the validity of any of sections...

s.sch002

Part X does not apply to a dismissal from employment...

s.sch002

(1) Section 135 does not apply to an employee who...

s.sch002

(1) The reference in section 215(2)(b) to a person being...

s.sch002

(1) Subject to paragraph 13 and sub-paragraphs (2) and (3)...

s.sch002

(1) If sections 42 to 46 of the Pensions Act...

s.sch002

(1) If section 31 of the Trade Union Reform and...

s.sch002

(1) If Part XI of the Reserve Forces Act 1996...

s.sch002

(1) Anything done, or having effect as done, (including the...

s.sch002

Any reference (express or implied) in this Act or any...

s.sch002

(1) Any reference (express or implied) in any enactment, or...

s.sch002

Paragraphs 1 to 4 have effect in place of section...

s.sch002

(1) The repeal by this Act of an enactment previously...

s.sch002

(1) In this paragraph “pre-TURERA employee” means an employee whose...

s.sch002

(1) In this paragraph an “existing employee” means an employee...

s.sch002

In relation to any case in which (but for this...

s.sch002

(1) This paragraph applies where an employee exercised a right...

s.sch003

Schedule 3 para.1

s.sch003

The following abbreviations are used in the Table— BGLA =...

Official guidance

Authoritative sources published by regulators or government explaining this legislation.

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

HMRC

Primary

HM Revenue & Customs

Tax collection, customs duties, national insurance, tax credits, and enforcement of the National Minimum Wage. Regulates all UK businesses for tax compliance …

HSE

Health and Safety Executive

Workplace health, safety, and welfare regulation across all industries. Enforces the Health and Safety at Work Act 1974 and related regulations. Investigates …

The Insolvency Service

Administers compulsory company liquidations and personal bankruptcies. Investigates director misconduct and can seek disqualification orders. Manages redundancy payments from the National Insurance …

Unified labour market enforcement body for Great Britain. Takes over National Minimum Wage enforcement from HMRC, enforces statutory sick pay and holiday …

HM Courts and Tribunals Service — Employment Tribunals

Statutory tribunal enforcing individual employment-rights legislation across Great Britain. Hears complaints under the Employment Rights Act 1996 (unfair dismissal, written particulars, time …

UK Government (Cross-Departmental)

Generic publisher code for cross-departmental government publications that don't map to a specific regulator or department. Used for guidance that spans multiple …

1 statutory instrument

These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.

Secondary legislation (1)

Explore more

Browse legislation

Find other UK business legislation with related guidance.

Regulators

Learn more about the bodies that enforce this legislation.