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Teaching and Higher Education Act 1998
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- 1998 c. 30
- SCHEDULE 3
- Employment Rights Act 1996 (c.18)
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Changes and effects
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- Act Education Acts modified by 2006 c. 40 Sch. 6 para. 3(3)
- Act applied by S.I. 2005/397 reg. 2
- Act modified by 2005 c. 18 s. 96(2)
- Act text amended by S.I. 2010/1158 Sch. 2 para. 9(2)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Ch. 1 heading words substituted by 2011 c. 21 Sch. 2 para. 2
- s. 1cross-heading words substituted by 2011 c. 21 Sch. 2 para. 3
Commencement Orders yet to be applied to the Teaching and Higher Education Act 1998:
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:
- S.I. 2003/124 art. 2-5 commences (2002 c. 32)
- S.I. 2003/1115 art. 2-4 commences (2002 c. 32)
- S.I. 2003/1667 art. 2-6 commences (2002 c. 32)
- S.I. 2003/2961 art. 4-7 commences (2002 c. 32)
- S.I. 2004/571 Sch. amendment to earlier commencing SI 2003/1667 Sch. para. 1
- S.I. 2005/1126 art. 2 commences (2005 c. 11)
- S.I. 2005/1833 art. 4 5 commences (2004 c. 8)
- S.I. 2006/51 art. 2 commences (2004 c. 8)
- S.I. 2006/1336 art. 4(1) Sch. Pt. 1 commences (2002 c. 32)
- S.I. 2006/1338 art. 3-5 Sch. 1 2 commences (2005 c. 18)
- S.I. 2006/1660 art. 2 amendment to earlier commencing SI 2005/1833 art. 5 5A
- S.I. 2006/2895 art. 2 commences (2002 c. 32)
- S.I. 2007/935 art. 2-7 commences (2006 c. 40)
- S.I. 2007/3611 art. 4 commences (2002 c. 32)
- S.I. 2008/3204 art. 2 commences (2006 c. 47)
- S.I. 2008/3267 art. 2 commences (2006 c. 50)
- S.I. 2009/39 art. 2 commences (2006 c. 47)
- S.I. 2009/2540 art. 2-4 commences (2006 c. 48)
- S.I. 2009/2611 art. 2 Sch. commences (2006 c. 47)
- S.I. 2009/2648 art. 3 amendment to earlier commencing SI 2008/3267
- S.I. 2009/3317 art. 2 commences (2009 c. 22)
- S.I. 2010/1942 art. 2 amendment to earlier commencing SI 2008/3267
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
- S.I. 2011/297 art. 2 3 4 commences (2004 c. 8)
- S.I. 2011/297 art. 2 3 Commencement Order
- S.I. 2011/1725 Sch. para. 6 amendment to earlier commencing SI 2008/3267
- S.I. 2011/1728 art. 2 commences (2006 c. 50)
- S.S.I. 2005/419 art. 2 commences (2005 asp 6)
Employment Rights Act 1996 (c.18)E+W+S+N.I.
10After section 47 of the Employment Rights Act 1996 insert—E+W+S+N.I.
“47A Employees exercising right to time off work for study or training.
(1)An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer or the principal (within the meaning of section 63A(3)) done on the ground that, being a person entitled to—
(a)time off under section 63A(1) or (3), and
(b)remuneration under section 63B(1) in respect of that time taken off,
the employee exercised (or proposed to exercise) that right or received (or sought to receive) such remuneration.
(2)Except where an employee is dismissed in circumstances in which, by virtue of section 197, Part X does not apply to the dismissal, this section does not apply where the detriment in question amounts to dismissal (within the meaning of that Part).”
11In section 48 of that Act (complaints to employment tribunals)—E+W+S+N.I.
(a)in subsection (1) for “46 or 47” substitute “ 46, 47 or 47A ”; and
(b)at the end insert—
“(5)In this section and section 49 any reference to the employer includes, where a person complains that he has been subjected to a detriment in contravention of section 47A, the principal (within the meaning of section 63A(3)).”
12In section 58 of that Act (right to time off for occupational pension scheme trustees), at the end of subsection (3) add “, and E+W+S+N.I.
(c)references to training are to training on the employer’s premises or elsewhere.”
13In section 104 of that Act (assertion of statutory right) at the end insert—E+W+S+N.I.
“(5)In this section any reference to an employer includes, where the right in question is conferred by section 63A, the principal (within the meaning of section 63A(3)).”
14In section 225 of that Act (rights during employment), after subsection (4) insert—E+W+S+N.I.
“(4A)Where the calculation is for the purposes of section 63B, the calculation date is the day on which the time off was taken or on which it is alleged the time off should have been permitted.”
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