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Children and Families Act 2014

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Children and Families Act 2014, Section 129 is up to date with all changes known to be in force on or before 22 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • specified provision(s) amendment to savings and transitional provisions in SI 2014/2270 for commencing SI 2014/889 by S.I. 2015/1619 art. 3-7
  • specified provision(s) amendment to savings and transitional provisions in SI 2014/2270 for commencing SI 2014/889 by S.I. 2015/505 art. 3-8
  • specified provision(s) transitional and savings provisions for commencing SI 2014/889 art. 7(a) by S.I. 2014/2270 art. 3-30

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129Right not to be subjected to detriment: agency workersE+W

This section has no associated Explanatory Notes

(1)In section 47C of the Employment Rights Act 1996 (right not to be subjected to detriment for taking leave for family and domestic reasons), after subsection (4) there is inserted—

(5)An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the temporary work agency or the hirer done on the ground that—

(a)being a person entitled to—

(i)time off under section 57ZA, and

(ii)remuneration under section 57ZB in respect of that time off,

the agency worker exercised (or proposed to exercise) that right or received (or sought to receive) that remuneration,

(b)being a person entitled to time off under section 57ZG, the agency worker exercised (or proposed to exercise) that right,

(c)being a person entitled to—

(i)time off under section 57ZN, and

(ii)remuneration under section 57ZO in respect of that time off,

the agency worker exercised (or proposed to exercise) that right or received (or sought to receive) that remuneration, or

(d)being a person entitled to time off under section 57ZP, the agency worker exercised (or proposed to exercise) that right.

(6)Subsection (5) does not apply where the agency worker is an employee.

(7)In this section the following have the same meaning as in the Agency Workers Regulations 2010 (S.I. 2010/93)—

  • “agency worker”;

  • “hirer”;

  • “temporary work agency”.

(2)In section 48 of that Act (complaints to employment tribunals)—

(a)in subsection (1), for “47C” there is substituted “ 47C(1) ”;

(b)after subsection (1A) there is inserted—

(1AA)An agency worker may present a complaint to an employment tribunal that the agency worker has been subjected to a detriment in contravention of section 47C(5) by the temporary work agency or the hirer.;

(c)in subsection (2), for “such a complaint” there is substituted “ a complaint under subsection (1), (1ZA), (1A) or (1B) ”;

(d)after subsection (2) there is inserted—

(2A)On a complaint under subsection (1AA) it is for the temporary work agency or (as the case may be) the hirer to show the ground on which any act, or deliberate failure to act, was done.;

(e)in subsection (4), after “an employer” there is inserted “ , a temporary work agency or a hirer ”;

(f)after subsection (5) there is inserted—

(6)In this section and section 49 the following have the same meaning as in the Agency Workers Regulations 2010 (S.I. 2010/93)—

  • “agency worker”;

  • “hirer”;

  • “temporary work agency”.

(3)In section 49 of that Act (remedies in the case of complaints to an employment tribunal)—

(a)in subsection (1), for “under section 48” there is substituted “ under section 48(1), (1ZA), (1A) or (1B) ”;

(b)after subsection (1), there is inserted—

(1A)Where an employment tribunal finds a complaint under section 48(1AA) well-founded, the tribunal—

(a)shall make a declaration to that effect, and

(b)may make an award of compensation to be paid by the temporary work agency or (as the case may be) the hirer to the complainant in respect of the act or failure to act to which the complaint relates.

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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.

Commencement Information

I1S. 129(1) in force at 1.10.2014 for specified purposes by S.I. 2014/1640, art. 4(b)

I2S. 129(1) in force at 5.4.2015 for specified purposes by S.I. 2014/1640, art. 6(e)

I3S. 129(2)(3) in force at 1.10.2014 by S.I. 2014/1640, art. 4(b)

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