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Employment Act 2008

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Employment Act 2008. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

  3. Background

  4. Territorial Extent

    1. Scotland

    2. Wales

    3. Northern Ireland

  5. Commentary on Sections

    1. Dispute resolution

      1. Section 1: Statutory dispute resolution procedures

      2. Section 2: Procedural fairness

      3. Section 3: Non-compliance with statutory Codes of Practice

      4. Section 4: Determination of proceedings without hearing

      5. Section 5: Conciliation before bringing of proceedings

      6. Section 6: Conciliation after bringing of proceedings

      7. Section 7: Compensation for financial loss

        1. Unlawful deduction from or unauthorised payment of wages

        2. Non-payment of redundancy payments

    2. National Minimum Wage

      1. Section 8: Arrears payable in cases of non-compliance

      2. Section 9: Notices of underpayment

        1. Notices of underpayment: arrears

        2. Notices of underpayment: financial penalty

        3. Suspension of financial penalty

        4. Notices of underpayment: appeals

        5. Non-compliance with notice of underpayment: recovery of arrears

        6. Non-compliance with notice of underpayment: recovery of penalty

        7. Withdrawal of notice of underpayment

        8. Replacement of notice of underpayment

        9. Effect of replacement notice of underpayment

      3. Section 10: Powers of officers to take copies of records

      4. Section 11: Offences: mode of trial and penalties

      5. Section 12: Powers to investigate criminal offences

      6. Section 13: Cadet Force Adult Volunteers

      7. Section 14: Voluntary workers

    3. Employment agencies

      1. Section 15: Offences: mode of trial and penalties

      2. Section 16: Enforcement powers

      3. Section 17: Offences by partnerships in Scotland

    4. Miscellaneous

      1. Section 18: Employment agencies and national minimum wage legislation: information-sharing

      2. Section 19: Exclusion or expulsion from trade union for membership of political party

    5. General

      1. Section 20: Repeals

      2. Section 22: Commencement

  6. Hansard References

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.


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Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

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