Amendment to the Employment Rights Act 19962.

(1)

The Employment Rights Act 19962 is amended as follows.

(2)

In section 8(1)3, for “An employee” substitute “A worker”.

(3)

In section 9—

(a)

for “the employee”, in each place it occurs, substitute “the worker”;

(b)

in subsection (4), for “an employee” substitute “a worker”.

(4)

In section 114—

(a)

for subsection (1) substitute—

“(1)

Where an employer does not give—

(a)

an employee a statement as required by section 1 or 4, or

(b)

a worker a statement as required by section 8,

(either because he gives him no statement or because the statement he gives does not comply with what is required), the employee or the worker may require a reference to be made to an employment tribunal to determine what particulars ought to have been included or referred to in a statement so as to comply with the requirements of the section concerned .”

(b)

in subsection (2)—

(i)

in paragraph (a), after “4” insert “has been given to an employee”;

(ii)

in paragraph (a), for “section 8 or 9, has been given to an employee” substitute “section 8 or 9 has been given to a worker”;

(iii)

in the words after paragraph (b), leave out “the employee” and insert “the person to whom the statement has been given”.

(5)

In section 125—

(a)

in subsection (3), for “an employee” substitute “a worker”;

(b)

in subsections (4) and (5), for “the employee”, in each place it occurs, substitute “the worker”.