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UK Law Reference
Toată legislația
Employment Law
c. 18

Employment Rights Act 1996

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Rezumat

The Employment Rights Act 1996 is the cornerstone statute governing individual employment rights in England & Wales. It consolidated the Employment Protection (Consolidation) Act 1978 and other legislation into a single comprehensive Act. It covers employment particulars, protection of wages, Sunday working, time off rights, suspension from work, maternity rights, dismissal (including unfair dismissal and redundancy), and whistleblowing protection. It has been extensively amended, notably by the Employment Relations Act 1999 and the Employment Act 2002.

Puncte cheie

  • Right to a written statement of employment particulars within 2 months of starting (s.1) — from April 2020, this must be provided on or before the first day of employment
  • Protection from unauthorised deductions from wages (s.13)
  • Right not to be unfairly dismissed for employees with qualifying service (s.94)
  • Potentially fair reasons for dismissal: capability, conduct, redundancy, statutory restriction, SOSR (s.98)
  • Right to statutory redundancy payment with 2+ years' service (s.135)
  • Protection for whistleblowers making qualifying disclosures (Part IVA, ss.43A–43L)
  • Right to request flexible working for all employees with 26 weeks' service (s.80F)
  • Automatically unfair dismissal for specified reasons including pregnancy, whistleblowing, and asserting statutory rights (s.99, s.103A, s.104)

Părți și secțiuni

Istoricul amendamentelor

1999 — Employment Relations Act 1999

Reduced the unfair dismissal qualifying period from 2 years to 1 year (subsequently restored to 2 years in 2012). Introduced the right to be accompanied at disciplinary and grievance hearings.

2002 — Employment Act 2002

Introduced statutory dispute resolution procedures (subsequently repealed in 2009). Extended maternity and paternity leave provisions.

2013 — Enterprise and Regulatory Reform Act 2013

Introduced the requirement for ACAS early conciliation before bringing most employment tribunal claims. Increased the unfair dismissal qualifying period back to 2 years.

2020 — Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018

Required written employment particulars to be provided from day one of employment rather than within 2 months.

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