Search Legislation

Employment Rights Act 1996

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Rights Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Employment Rights Act 1996

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

The Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)E+W+S+N.I.

56(1)The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.E+W+S+N.I.

(2)In section 67(8)—

(a)in paragraph (a), for “paragraph 8(1)(b) of Schedule 14 to the Employment Protection (Consolidation) Act 1978” substitute “ section 227(1)(a) of the Employment Rights Act 1996 ”, and

(b)in paragraph (b), for “section 75” substitute “ section 124(1) ”.

(3)In section 68(11), for “Part I of the Wages Act 1986” substitute “ the Employment Rights Act 1996 ”.

(4)In section 68A(4)—

(a)in paragraph (a), for “the Employment Protection (Consolidation) Act 1978” substitute “ the Employment Rights Act 1996 ”, and

(b)in paragraph (b), for “section 1(1) of the Wages Act 1986” substitute “ section 13 of that Act ”.

F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In section 140(4), for “section 75 of the Employment Protection (Consolidation) Act 1978” substitute “ section 124(1) of the Employment Rights Act 1996 ”.

(7)In—

(a)section 152(1), and

(b)section 153,

for “Part V of the Employment Protection (Consolidation) Act 1978” substitute “ Part X of the Employment Rights Act 1996 ”.

(8)In section 154, for “Section 64 of the Employment Protection (Consolidation) Act 1978 (qualifying period and upper age limit for unfair dismissal protection) does” substitute “ Sections 108 and 109 of the Employment Rights Act 1996 (qualifying period and upper age limit for unfair dismissal protection) do ”.

(9)In section 156—

(a)in subsection (1), for “subsection (7A), (7B) or (9) of section 73 of the Employment Protection (Consolidation) Act 1978” substitute “ section 122 of the Employment Rights Act 1996 ”, and

(b)in subsection (2), for “subsection (7B)” substitute “ subsection (2) ”.

(10)In section 157—

(a)in subsection (1), for “section 73(2) of the Employment Protection (Consolidation) Act 1978” substitute “ section 121 of the Employment Rights Act 1996 ”, and

(b)in subsection (2), for “section 71(2)(b) of the Employment Protection (Consolidation) Act 1978” substitute “ section 117(3)(b) of the Employment Rights Act 1996 ”.

(11)In section 158—

(a)in subsection (2), for “section 71(2)(a) of the Employment Protection (Consolidation) Act 1978” substitute “ section 117(3)(a) of the Employment Rights Act 1996 ”,

(b)in subsection (3), for “section 73(5) of the Employment Protection (Consolidation) Act 1978” substitute “ section 119(4) of the Employment Rights Act 1996 ”, and

(c)in subsection (7), for the words from the beginning to “Part” substitute—

(7)Chapter II of Part XIV of the Employment Rights Act 1996 (calculation of a week’s pay) applies for the purposes of this section with the substitution for section 226 of the following—

For the purposes of this Chapter.

(12)In section 167—

(a)in subsection (1), for “Part V of the Employment Protection (Consolidation) Act 1978” substitute “ Part X of the Employment Rights Act 1996 ”, and

(b)in subsection (2)—

(i)for “section 67 of the Employment Protection (Consolidation) Act 1978” substitute “ section 111 of the Employment Rights Act 1996 ”,

(ii)for “section 68(2) or 71(2)(a)” substitute “ section 112(4) or 117(3)(a) ”, and

(iii)for “section 69” substitute “ section 113 ”.

(13)In section 176(6)—

(a)in paragraph (a), for “paragraph 8(1)(b) of Schedule 14 to the Employment Protection (Consolidation) Act 1978” substitute “ section 227(1)(a) of the Employment Rights Act 1996 ”, and

(b)in paragraph (b), for “section 75” substitute “ section 124(1) ”.

(14)In section 190—

(a)in subsection (4)—

(i)for “Schedule 3 to the Employment Protection (Consolidation) Act 1978” substitute “ sections 87 to 91 of the Employment Rights Act 1996 ”, and

(ii)for “section 49(1)” substitute “ section 86(1) ”, and

(b)in subsection (5)—

(i)for “Schedule 14 to the Employment Protection (Consolidation) Act 1978” substitute “ Chapter II of Part XIV of the Employment Rights Act 1996 ”,

(ii)for “Part II of that Schedule” substitute “ that Chapter ”, and

(iii)for “paragraph 7(1)(k) or (l) of that Schedule” substitute “ section 226(5) ”.

(15)In sections 237(1A) and 238(2A)—

(a)for “section 57A, 57AA or 60 of the Employment Protection (Consolidation) Act 1978 (dismissal in health and safety cases, employee representative and maternity cases)” substitute “ section 99(1) to (3), 100 or 103 of the Employment Rights Act 1996 (dismissal in maternity, health and safety and employee representative cases) ”, and

(b)for “section 59” substitute “ section 105(9) ”.

(16)In section 239—

(a)in subsection (1), for “Part V of the Employment Protection (Consolidation) Act 1978” substitute “ Part X of the Employment Rights Act 1996 ”,

(b)in subsection (2), for “section 67(2)” substitute “ section 111(2) ”, and

(c)in subsection (3), for “sections 57 to 61 of the Employment Protection (Consolidation) Act 1978” substitute “ sections 98 to 106 of the Employment Rights Act 1996 ”.

(17)In section 278(6), for “Subsections (4) to (9) of section 139 of the Employment Protection (Consolidation) Act 1978” substitute “ Subsections (6) to (12) of section 195 of the Employment Rights Act 1996 ”.

(18)In section 282, for subsection (2) substitute—

(2)Chapter I of Part XIV of the Employment Rights Act 1996 (computation of period of continuous employment), and any provision modifying or supplementing that Chapter for the purposes of that Act, apply for the purposes of this section.

(19)In section 298, for “section 55 of the Employment Protection (Consolidation) Act 1978” substitute “ Part X of the Employment Rights Act 1996 ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources