Employment Rights Act 2025

Section 6

Schedule 2 E+W+S Consequential amendments relating to sections 1 to 5

Prospective

Insolvency Act 1986 E+W+S

1 In the Insolvency Act 1986, in Schedule 6 (categories of preferential debts), in paragraph 13(2), before paragraph (a) insert—

“(za) a payment under section 27BP(1) of, or paragraph 22(1) of Schedule A1 to, the Employment Rights Act 1996 (payment for a cancelled, moved or curtailed shift);”.

Commencement Information

I1 Sch. 2 para. 1 not in force at Royal Assent, see s. 159(3)

Employment Tribunals Act 1996 E+W+S

2 The Employment Tribunals Act 1996 is amended as follows.

Commencement Information

I2 Sch. 2 para. 2 not in force at Royal Assent, see s. 159(3)

I3 Sch. 2 para. 2 in force at 6.1.2026 by S.I. 2026/3, reg. 2(36)(a)

3 (1) Section 12A (financial penalties) is amended as follows. E+W+S

(2) In subsection (11), in the definition of “employer”, after paragraph (a) insert—

“(aa)

in relation to a right conferred by Chapter 3 or 4 of Part 2A, or section 47H, of the Employment Rights Act 1996, includes a person who is an employer by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act;

(ab)

in relation to a right conferred by Part 1 or 2 of Schedule A1 to the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Part 1 of Schedule A1 to that Act, includes the hirer within the meaning of the relevant Part of that Schedule;

(ac)

in relation to a right conferred by Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996, includes (where it would not otherwise do so) the work-finding agency within the meaning of the relevant Part of that Schedule;

(ad)

in relation to a right conferred by section 47I of the Employment Rights Act 1996, includes (where it would not otherwise do so) a person who is a relevant person within the meaning of that section;”.

(3) In that subsection, in the definition of “worker”, for the words from “includes” to the end of the definition substitute “—

(a)

includes an individual seeking to be employed by a person as a worker;

(b)

in relation to a right conferred by Chapter 3 or 4 of Part 2A, or section 47H, of the Employment Rights Act 1996, includes an individual who is a worker by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act;

(c)

in relation to a right conferred by—

(i)

Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996,

(ii)

Chapter 6 of Part 2A of that Act so far as relating to Part 1 of Schedule A1 to that Act, or

includes (where it would not otherwise do so) an agency worker within the meaning of Part 2A of that Act (see section 27BV of that Act).”

Commencement Information

I4 Sch. 2 para. 3 not in force at Royal Assent, see s. 159(3)

4 (1) Section 16 (power to provide for recoupment of benefits) is amended as follows. E+W+S

(2) In subsection (1), after paragraph (d) insert—

“(da) payments under section 27BP(1) of, or paragraph 22(1) of Schedule A1 to, the Employment Rights Act 1996,”.

(3) At the end insert—

“(7) In the application of this section to payments which are the subject of proceedings under Chapter 2, 3 or 4 of Part 2A of the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Chapter 2 of that Part, and which are compensation for loss of wages (see subsection (1)(a))—

(a) references to an employer are to be read as if they were references to an employer within the meaning of the relevant Chapter of that Part;

(b) references to an employee are to be read as if they were references to a worker within the meaning of the relevant Chapter of that Part.

(8) In the application of this section to payments which are the subject of proceedings under Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Part 1 of that Schedule, and which are compensation for loss of wages (see subsection (1)(a))—

(a) references to an employer are to be read as if they were references to a hirer or (as the case may be) a work-finding agency within the meaning of the relevant Part of that Schedule;

(b) references to an employee are to be read as if they were references to an agency worker within the meaning of Part 2A of that Act.

(9) In the application of this section to payments under Part 5 of the Employment Rights Act 1996 (see subsection (1)(c)(i)) by virtue of section 47H of that Act—

(a) references to an employer are to be read as if they were references to an employer within the meaning of that section;

(b) references to an employee are to be read as if they were references to a worker within the meaning of that section.

(10) In the application of this section to payments under Part 5 of the Employment Rights Act 1996 (see subsection (1)(c)(i)) by virtue of section 47I of that Act—

(a) references to an employer are to be read as if they were references to a relevant person within the meaning of that section;

(b) references to an employee are to be read as if they were references to an agency worker within the meaning of Part 2A of that Act.

(11) In the application of this section to payments under section 27BP(1) of the Employment Rights Act 1996 (see subsection (1)(da))—

(a) references to an employer are to be read as if they were references to an employer within the meaning of Chapter 4 of Part 2A of that Act;

(b) references to an employee are to be read as if they were references to a worker within the meaning of that Chapter.

(12) In the application of this section to payments under paragraph 22(1) of Schedule A1 to the Employment Rights Act 1996 (see subsection (1)(da))—

(a) references to an employer are to be read as if they were references to a work-finding agency within the meaning of Part 2A of that Act;

(b) references to an employee are to be read as if they were references to an agency worker within the meaning of that Part.”

Commencement Information

I5 Sch. 2 para. 4 not in force at Royal Assent, see s. 159(3)

I6 Sch. 2 para. 4 in force at 6.1.2026 by S.I. 2026/3, reg. 2(36)(a)

5 E+W+S In section 18 (conciliation: relevant proceedings), in subsection (1)(b)—

(a) after “23,” insert “27BG, 27BN, 27BT, 27BY(5),”;

(b) after “177 of” insert “, or paragraph 8, 9, 19 or 26 of Schedule A1 to,”.

Commencement Information

I7 Sch. 2 para. 5 not in force at Royal Assent, see s. 159(3)

Employment Rights Act 1996 E+W+S

6 The Employment Rights Act 1996 is amended as follows.

Commencement Information

I8 Sch. 2 para. 6 not in force at Royal Assent, see s. 159(3)

I9 Sch. 2 para. 6 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(36)(b)

7 E+W+S In section 27 (meaning of “wages” for purposes of Part 2 of the Act), in subsection (1)—

(a) after the paragraph (ce) inserted by the Neonatal Care (Leave and Pay) Act 2023 insert—

“(cf) a payment under section 27BP(1) of this Act (payment for a cancelled, moved or curtailed shift),”;

(b) after paragraph (cf) (inserted by paragraph (a)) insert—

“(cg) a payment under paragraph 22(1) of Schedule A1 to this Act (agency workers: payment for a cancelled, moved or curtailed shift),”;

(c) renumber the paragraph (ce) inserted by the Employment (Allocation of Tips) Act 2023 as paragraph (ch).

Commencement Information

I10 Sch. 2 para. 7 not in force at Royal Assent, see s. 159(3)

8 E+W+S In section 27A (exclusivity terms unenforceable in zero hours contracts), omit subsections (1) and (2).

Commencement Information

I11 Sch. 2 para. 8 not in force at Royal Assent, see s. 159(3)

9 E+W+S In section 27B (power to make further provision in relation to zero hours workers)—

(a) omit subsection (4);

(b) in subsection (6)(a) and (b) (inserted by section 8), for “prescribed” substitute “specified”;

(c) omit subsections (7) and (8).

Commencement Information

I12 Sch. 2 para. 9 not in force at Royal Assent, see s. 159(3)

10 E+W+S After section 47G insert—

“47H Zero hours workers and similar

(1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the worker’s employer done on the ground that the worker—

(a) accepted, or proposed to accept, an offer from the employer to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract made in compliance (or purported compliance) with the duty imposed by section 27BA(1),

(b) rejected, or proposed to reject, an offer from the employer to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract made in compliance (or purported compliance) with the duty imposed by section 27BA(1),

(c) declined to work a shift (or part of a shift) on the basis of a reasonable belief that the employer failed to comply with a duty imposed by section 27BJ or 27BK in relation to the shift,

(d) brought proceedings against the employer under—

(i) section 27BG,

(ii) section 27BN,

(iii) section 27BT, or

(iv) section 27BY(5), or

(e) alleged the existence of any circumstance which would constitute a ground for bringing any proceedings within paragraph (d) (whether or not the worker referred to the possibility of bringing such proceedings).

(2) The reference in subsection (1)(b) to a worker who rejected an offer includes a reference to a worker who is to be treated as having rejected an offer (see section 27BE(7)).

(3) It is immaterial for the purposes of subsection (1)(d) or (e) whether or not the proceedings were, or would have been, well-founded provided that the worker acted in good faith in bringing the proceedings or alleging the existence of the circumstance.

(4) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the worker’s employer done on the ground that—

(a) the duty imposed by section 27BA(1) applies to the employer in relation to the worker and a particular reference period, or

(b) the employer believes that that duty so applies.

(5) This section does not apply where—

(a) the worker is an employee, and

(b) the detriment in question amounts to dismissal within the meaning of Part 10.

(6) References to “worker” and “employer” in this section, section 48(1BA) and section 49 so far as relating to a complaint under section 48(1BA) are to be read with the modifications set out in—

(a) section 27BJ(7), in connection with a complaint of detriment in contravention of this section relating to a duty imposed by section 27BJ or 27BK;

(b) section 27BP(8), in connection with a complaint of detriment in contravention of this section relating to a duty imposed by section 27BP(1) or 27BR(2).

(7) In this section “reference period” has the same meaning as in Chapter 2 of Part 2A (see section 27BA(4)).”

Commencement Information

I13 Sch. 2 para. 10 not in force at Royal Assent, see s. 159(3)

11 E+W+S After section 47H (inserted by paragraph 10) insert—

“47I Agency workers and Schedule A1 rights

(1) An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by a relevant person done on the ground that the agency worker—

(a) accepted, or proposed to accept, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1,

(b) rejected, or proposed to reject, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1,

(c) declined to work a shift (or part of a shift) on the basis of a reasonable belief that there had been a failure to comply with a duty imposed by paragraph 14 or 15 of Schedule A1 in relation to the shift,

(d) brought proceedings under—

(i) paragraph 8 or 9 of Schedule A1,

(ii) paragraph 19 of Schedule A1,

(iii) paragraph 26 of Schedule A1, or

(iv) section 27BY(5), or

(e) alleged the existence of any circumstance which would constitute a ground for bringing any proceedings within paragraph (d) (whether or not the agency worker referred to the possibility of bringing such proceedings).

(2) The reference in subsection (1)(b) to an agency worker who rejected an offer includes a reference to an agency worker who is to be treated as having rejected an offer (see paragraph 6(5) of Schedule A1).

(3) It is immaterial for the purposes of subsection (1)(d) or (e) whether or not the proceedings were, or would have been, well-founded provided that the agency worker acted in good faith in bringing the proceedings or alleging the existence of the circumstance.

(4) An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by a relevant person done on the ground that—

(a) the duty imposed by paragraph 1(1) of Schedule A1 applies in relation to the agency worker and a particular reference period, or

(b) the relevant person believes that that duty so applies.

(5) This section does not apply where—

(a) the worker is an employee of the relevant person, and

(b) the detriment in question amounts to dismissal within the meaning of Part 10.

(6) For the purposes of this section, a person is a “relevant person”, in relation to an agency worker, if the person is (or has been)—

(a) a work-finding agency with which the agency worker has a worker’s contract or an arrangement by virtue of which the agency worker is (or is to be) supplied to work for and under the supervision and direction of another person;

(b) a person for and under the supervision and direction of whom the agency worker is (or is to be) supplied to work;

(c) a person who is (or is to be) involved in the supply of the agency worker to a person falling within paragraph (b) or the payment of the agency worker for work done for such a person.

(7) In this section—

• “agency worker” has the same meaning as in Part 2A (see section 27BV);

• “reference period” has the same meaning as in Part 1 of Schedule A1 (see paragraph 1(4));

• “work-finding agency” has the same meaning as in Part 2A (see section 27BV).”

Commencement Information

I14 Sch. 2 para. 11 not in force at Royal Assent, see s. 159(3)

12 (1) Section 48 (enforcement) is amended as follows. E+W+S

(2) After subsection (1B) insert—

“(1BA) A worker may present a complaint to an employment tribunal that the worker has been subjected to a detriment in contravention of section 47H.”

(3) After subsection (1BA) (inserted by sub-paragraph (2)) insert—

“(1BB) An agency worker (within the meaning of Part 2A) may present a complaint to an employment tribunal that the agency worker has been subjected to a detriment in contravention of section 47I.”

(4) In subsection (2), for “or (1B)” substitute “, (1B) or (1BA)”.

(5) After subsection (2A) insert—

“(2B) On a complaint under subsection (1BB) it is for the relevant person (within the meaning of section 47I) to show the ground on which any act, or deliberate failure to act, was done.”

(6) In subsection (4), in the words after paragraph (b), after “hirer” insert “, or a relevant person (within the meaning of section 47I),”.

(7) In subsection (6), after “49” insert “, except so far as relating to an alleged detriment in contravention of section 47I,”.

Commencement Information

I15 Sch. 2 para. 12 not in force at Royal Assent, see s. 159(3)

13 (1) Section 49 (remedies) is amended as follows. E+W+S

(2) In subsection (1), for “or (1B)” substitute “, (1B) or (1BA)”.

(3) After subsection (1A) insert—

“(1B) Where an employment tribunal finds a complaint under section 48(1BB) well-founded, the tribunal—

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

(b) may make an award of compensation to be paid by the relevant person (within the meaning of section 47I) to the complainant in respect of the act or failure to act to which the complaint relates.”

(4) In subsection (2), for “and (6)” substitute “, (6), (7) and (7A)”.

(5) In that subsection, after “(7A)” insert “and (7B)”.

(6) After subsection (7) insert—

“(7A) Where—

(a) the complaint is made under section 48(1BA),

(b) the detriment to which the worker is subjected is the termination of the worker’s contract, and

(c) that contract is not a contract of employment,

any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the worker had been an employee and had been dismissed for a reason specified in section 104BA.”

(7) After subsection (7A) (inserted by sub-paragraph (6)) insert—

“(7B) Where—

(a) the complaint is made under section 48(1BB),

(b) the detriment to which the agency worker is subjected is the termination of a worker’s contract between the agency worker and the relevant person, and

(c) that contract is not a contract of employment,

any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the agency worker had been an employee and had been dismissed for a reason specified in section 104BB (and “agency worker” and “relevant person” have the same meaning in this subsection as in section 47I).”

Commencement Information

I16 Sch. 2 para. 13 not in force at Royal Assent, see s. 159(3)

14 E+W+S After section 104B insert—

“104BA Guaranteed hours

(1) An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

(a) accepted, or proposed to accept, an offer from the employer to vary the employee’s terms and conditions of employment or to enter into a new contract of employment made in compliance (or purported compliance) with the duty imposed by section 27BA(1), or

(b) rejected, or proposed to reject, an offer from the employer to vary the employee’s terms and conditions of employment or to enter into a new contract of employment made in compliance (or purported compliance) with the duty imposed by section 27BA(1).

(2) The reference in subsection (1)(b) to an employee who rejected an offer includes a reference to an employee who is to be treated as having rejected an offer (see section 27BE(7)).

(3) An employee who is dismissed is also to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

(a) brought proceedings against the employer under section 27BG(4), (5) or (7)(b) or 27BY(5), or

(b) alleged the existence of any circumstance which would constitute a ground for bringing such proceedings (whether or not the employee referred to the possibility of bringing such proceedings).

(In relation to other proceedings under section 27BG, see section 104.)

(4) It is immaterial for the purposes of subsection (3) whether or not the proceedings were, or would have been, well-founded provided that the employee acted in good faith in bringing the proceedings or alleging the existence of the circumstance.

(5) An employee who is dismissed is also to be regarded for the purposes of this Part as unfairly dismissed if—

(a) the duty imposed by section 27BA(1) applies to the employee’s employer in relation to the employee and a particular reference period, or the employer believes that that duty so applies, and

(b) the reason (or, if more than one, the principal reason) for the dismissal is that the employer sought to avoid the necessity of complying with that duty in relation to the employee and that reference period.

(6) In this section, “reference period” has the same meaning as in Chapter 2 of Part 2A (see section 27BA(4)).”

Commencement Information

I17 Sch. 2 para. 14 not in force at Royal Assent, see s. 159(3)

15 E+W+S After section 104BA (inserted by paragraph 14) insert—

“104BB Guaranteed hours: agency workers

(1) An employee who is dismissed by a relevant person (who is their employer) is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

(a) accepted, or proposed to accept, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1, or

(b) rejected, or proposed to reject, an offer to enter into a worker’s contract made in compliance (or purported compliance) with the duty imposed by paragraph 1(1) of Schedule A1.

(2) The reference in subsection (1)(b) to an employee who rejected an offer includes a reference to an employee who is to be treated as having rejected an offer (see paragraph 6(5) of Schedule A1).

(3) An employee who is dismissed by a relevant person (who is their employer) is also to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

(a) brought proceedings against the employer under paragraph 9(1) or (2) of Schedule A1, or

(b) alleged the existence of any circumstance which would constitute a ground for bringing such proceedings (whether or not the employee referred to the possibility of bringing such proceedings).

(In relation to other proceedings under paragraph 9 of Schedule A1, see section 104.)

(4) It is immaterial for the purposes of subsection (3) whether or not the proceedings were, or would have been, well-founded provided that the employee acted in good faith in bringing the proceedings or alleging the existence of the circumstance.

(5) An employee who is dismissed by a relevant person (who is their employer) is also to be regarded for the purposes of this Part as unfairly dismissed if—

(a) the duty imposed by paragraph 1(1) of Schedule A1 applies in relation to the employee and a particular reference period, or the employer believes that that duty so applies, and

(b) the reason (or, if more than one, the principal reason) for the dismissal is that the employer sought to avoid the necessity of that duty having to be complied with in relation to the employee and the reference period.

(6) In this section—

• “reference period” has the same meaning as in Part 1 of Schedule A1 (see paragraph 1(4));

• “relevant person” means a person falling within subsection (6)(a) or (c) of section 47I.”

Commencement Information

I18 Sch. 2 para. 15 not in force at Royal Assent, see s. 159(3)

16 E+W+S In section 105 (redundancy)—

(a) after subsection (7B) insert—

“(7BZA) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was—

(a) the reason specified in subsection (1)(a) or (5) of section 104BA,

(b) the reason specified in subsection (1)(b) of that section (read with subsection (2) of that section), or

(c) the reason specified in subsection (3) of that section (read with subsection (4) of that section).”;

(b) after subsection (7BZA) (inserted by paragraph (a)) insert—

“(7BZB) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was—

(a) the reason specified in subsection (1)(a) or (5) of section 104BB,

(b) the reason specified in subsection (1)(b) of that section (read with subsection (2) of that section), or

(c) the reason specified in subsection (3) of that section (read with subsection (4) of that section).”

Commencement Information

I19 Sch. 2 para. 16 not in force at Royal Assent, see s. 159(3)

17 E+W+S In section 108 (qualifying period of employment), in subsection (3)—

(a) after paragraph (gh) insert—

“(gha) any of the following provisions of section 104BA applies—

(i) subsection (1)(a) or (5),

(ii) subsection (1)(b) (read with subsection (2) of that section), or

(iii) subsection (3) (read with subsection (4) of that section),”;

(b) after paragraph (gha) (inserted by paragraph (a)) insert—

“(ghb) any of the following provisions of section 104BB applies—

(i) subsection (1)(a) or (5),

(ii) subsection (1)(b) (read with subsection (2) of that section), or

(iii) subsection (3) (read with subsection (4) of that section),”.

Commencement Information

I20 Sch. 2 para. 17 not in force at Royal Assent, see s. 159(3)

18 E+W+S In section 184 (debts to which Part 12 of the Act (insolvency of employers) applies), in subsection (2), before paragraph (a) insert—

“(za) a payment under section 27BP(1) or paragraph 22(1) of Schedule A1,”.

Commencement Information

I21 Sch. 2 para. 18 not in force at Royal Assent, see s. 159(3)

19 E+W+S In section 192 (armed forces), in subsection (2)(e), after “103” insert “, 104BA, 104BB”.

Commencement Information

I22 Sch. 2 para. 19 not in force at Royal Assent, see s. 159(3)

20 (1) Section 194 (House of Lords staff) is amended as follows. E+W+S

(2) After subsection (2)(a) insert—

“(aza) Part 2A, apart from Chapter 1 of that Part,”.

(3) In subsection (2)(c), for “and 47E” substitute “, 47E and 47H”.

Commencement Information

I23 Sch. 2 para. 20 not in force at Royal Assent, see s. 159(3)

21 (1) Section 195 (House of Commons staff) is amended as follows. E+W+S

(2) After subsection (2)(a) insert—

“(aza) Part 2A, apart from Chapter 1 of that Part,”.

(3) In subsection (2)(c), for “and 47E” substitute “, 47E and 47H”.

Commencement Information

I24 Sch. 2 para. 21 not in force at Royal Assent, see s. 159(3)

22 (1) Section 199 (mariners) is amended as follows. E+W+S

(2) In subsection (8), for paragraph (b) substitute—

“(b) Part 2,

(bza) Part 2A, apart from Chapter 1 of that Part,

(bzb) Parts 2B, 3 and 5,”.

(3) After subsection (8) insert—

“(9) In the application of subsection (7) to the provisions mentioned in subsection (8)(bza), the reference in subsection (7)(b) to a contract of employment is to be read as a reference to a worker’s contract.”

Commencement Information

I25 Sch. 2 para. 22 not in force at Royal Assent, see s. 159(3)

23 E+W+S In section 200 (police officers), in subsection (1)—

(a) after “8 to 10,” insert “Chapters 2 to 4 of Part 2A,”;

(b) after “47C,” insert “47H,”.

Commencement Information

I26 Sch. 2 para. 23 not in force at Royal Assent, see s. 159(3)

24 (1) Section 202 (national security restrictions on disclosure of information) is amended as follows. E+W+S

(2) In subsection (2), after paragraph (a) insert—

“(aa) Chapters 2 to 6 of Part 2A (including Schedule A1),”.

(3) In subsection (2)(b), for “and 47C” substitute “, 47C, 47H and 47I”.

(4) In subsection (2)(g)(i)—

(a) for “or 103” substitute “, 103, 104BA or 104BB”;

(b) after “application” insert “in relation to rights conferred by Chapters 2 to 6 of Part 2A (including Schedule A1) or”.

(5) In subsection (2)(g)(ii), for “or (6)” substitute “, (6), (7BZA) or (7BZB)”.

Commencement Information

I27 Sch. 2 para. 24 not in force at Royal Assent, see s. 159(3)

25 (1) Section 205 (remedy for infringement of certain rights) is amended as follows. E+W+S

(2) In subsection (1), after “section 8,” insert “Chapters 2 to 4 of Part 2A,”.

(3) After subsection (1A) insert—

“(1B) In relation to the rights conferred by—

(a) Chapters 2 to 4 of Part 2A, and

(b) section 47H,

the reference in subsection (1) to an employee has effect as a reference to a worker, read (where relevant) in accordance with section 27BJ(7) or 27BP(8) (as the case may be).”

(4) After subsection (2) insert—

“(3) The remedy of an agency worker (within the meaning of Part 2A) for infringement of any of the rights conferred by Parts 1 to 3 of Schedule A1 and section 47I is, where provision is made for a complaint to an employment tribunal, by way of such a complaint and not otherwise.”

Commencement Information

I28 Sch. 2 para. 25 not in force at Royal Assent, see s. 159(3)

26 (1) Section 206 (institution or continuance of tribunal proceedings) is amended as follows. E+W+S

(2) In subsection (2), after paragraph (a) insert—

“(aa) Chapters 2 to 6 of Part 2A (including Schedule A1),”.

(3) After subsection (9) insert—

“(10) In the application of this section and section 207 in relation to Chapter 2, 3 or 4 of Part 2A, or Chapter 6 of Part 2A so far as relating to Chapter 2 of that Part, references to an employee are to be read as if they were references to a worker within the meaning of the relevant Chapter of that Part.

(11) In the application of this section and section 207 in relation to Chapter 3 or 4 of Part 2A, references to an employer are to be read as if they were references to an employer within the meaning of the relevant Chapter of that Part.

(12) In the application of this section and section 207 in relation to Chapter 5 of Part 2A (including Schedule A1), or Chapter 6 of Part 2A so far as relating to Part 1 of Schedule A1—

(a) references to an employer are to be read as if they were references to—

(i) a hirer, or

(ii) a work-finding agency, and

(b) references to an employee are to be read as if they were references to an agency worker,

within the meaning of Chapter 5 of Part 2A (including Schedule A1).

(13) In the application of this section and section 207 in relation to section 47H—

(a) references to an employer are to be read as if they were references to an employer within the meaning of that section;

(b) references to an employee are to be read as if they were references to a worker within the meaning of that section.

(14) In the application of this section and section 207 in relation to section 47I—

(a) references to an employer are to be read as if they were references to a relevant person within the meaning of that section;

(b) references to an employee are to be read as if they were references to an agency worker within the meaning of Part 2A.”

Commencement Information

I29 Sch. 2 para. 26 not in force at Royal Assent, see s. 159(3)

27 E+W+S In section 225 (calculation date for purposes of working out a week’s pay), before subsection (1) insert—

“(A1) Where the calculation is for the purposes of section 27BI, the calculation date is—

(a) where the complaint is under section 27BG(1), (2), (3) or (7), the latest day of the reference period to which the complaint relates on which the worker was employed by the employer under a worker’s contract;

(b) where the complaint is under section 27BG(8)—

(i) the date on which the complaint was presented to the employment tribunal, or

(ii) if the worker was not employed by the employer under a worker’s contract on that date, the latest day before that date on which the worker was so employed.

(B1) Where the calculation is for the purposes of section 27BI as applied by section 27BY(6)(a) in relation to a complaint under section 27BY(5), the calculation date is the latest day of the reference period to which the complaint relates on which the worker was employed by the employer under a worker’s contract.”

Commencement Information

I30 Sch. 2 para. 27 not in force at Royal Assent, see s. 159(3)

I31 Sch. 2 para. 27 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(36)(c)

28 E+W+S In section 227 (maximum amount of week’s pay), in subsection (1), before paragraph (zza) insert—

“(zzza) an award of compensation under section 27BI(1)(b),”.

Commencement Information

I32 Sch. 2 para. 28 not in force at Royal Assent, see s. 159(3)

29 E+W+S In section 235 (definitions for purposes of the Act)—

(a) in subsection (1), in paragraph (b) of the definition of “week”, after “86” insert “and paragraph 11 of Schedule A1”;

(b) in subsection (2A) (definition of “limited-term contract”), after “contract of employment” insert “or other worker’s contract”;

(c) in subsection (2B) (definition of “limiting event”), in the words before paragraph (a), after “contract of employment” insert “or other worker’s contract”.

Commencement Information

I33 Sch. 2 para. 29 not in force at Royal Assent, see s. 159(3)

I34 Sch. 2 para. 29 in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(36)(d)

30 E+W+S In section 236 (orders and regulations), in subsection (3) (regulations subject to affirmative procedure)—

(a) after “27B,” insert “27BA(3)(a)(ii) or (d), (6) or (16), 27BB(2), (5) or (9)(c), 27BD(6), 27BJ(1)(b), (2)(a) or (4), 27BK(3), 27BP(1), (2)(c), (3)(a), (6) or (9), 27BR(1)(c), 27BU(2), 27BZ,”;

(b) after “209,” insert “or under paragraph 1(3)(b), (6) or (11), 2(2), (5) or (7)(c), 5(6), 12(1), 13(3), 14(2), 15(3), 16(4), 22(1), (3) or (5), 24(1)(c) or (2), 26(9), 27(2) or 28(2) of Schedule A1,”.

Commencement Information

I35 Sch. 2 para. 30 not in force at Royal Assent, see s. 159(3)

I36 Sch. 2 para. 30 in force at 6.1.2026 by S.I. 2026/3, reg. 2(36)(e)

Prospective

Bankruptcy (Scotland) Act 2016 E+W+S

31 In the Bankruptcy (Scotland) Act 2016 (asp 21), in Schedule 3 (preferred debts), in paragraph 10(2)—

(a) before paragraph (a) insert—

“(za) a payment under section 27BP(1) of, or paragraph 22(1) of Schedule A1 to, the Employment Rights Act 1996 (payment for a cancelled, moved or curtailed shift),”;

(b) in paragraph (a), for “the Employment Rights Act 1996” substitute “that Act”.

Commencement Information

I37 Sch. 2 para. 31 not in force at Royal Assent, see s. 159(3)