Employment Rights Act 2025
Employment Rights Act 2025 (2025 c. 36)
- Employment Rights Act 2025 (2025 c. 36)
- Part 1 Employment rights
- Zero hours workers, etc
- 1 Right to guaranteed hours
- 2 Shifts: rights to reasonable notice
- 3 Right to payment for cancelled, moved and curtailed shifts
- 4 Agency workers: guaranteed hours and rights relating to shifts
- 5 Collective agreements: contracting out
- 6 Amendments relating to sections 1 to 5
- 7 Repeal of Workers (Predictable Terms and Conditions) Act 2023
- 8 Exclusivity terms in zero hours arrangements
- Flexible working
- 9 Right to request flexible working
- Statutory sick pay
- 10 Statutory sick pay in Great Britain: removal of waiting period
- 11 Statutory sick pay in Great Britain: lower earnings limit etc
- 12 Statutory sick pay in Northern Ireland: removal of waiting period
- 13 Statutory sick pay in Northern Ireland: lower earnings limit etc
- Tips and gratuities, etc
- 14 Policy about allocating tips etc: consultation and review
- Entitlements to leave
- 15 Parental leave: removal of qualifying period of employment
- 16 Paternity leave: removal of qualifying period of employment
- 17 Ability to take paternity leave following shared parental leave
- 18 Bereavement leave
- 19 Review of extent of right to time off for public duties
- Protection from harassment and discrimination
- 20 Employers to take all reasonable steps to prevent sexual harassment
- 21 Harassment by third parties
- 22 Sexual harassment: power to make provision about “reasonable steps”
- 23 Protection of disclosures relating to sexual harassment
- 24 Contractual duties of confidentiality relating to harassment and discrimination
- Dismissal
- 25 Right not to be unfairly dismissed: qualifying period and compensation
- 26 Dismissal during pregnancy
- 27 Dismissal following period of statutory family leave
- 28 Dismissal for failing to agree to variation of contract, etc
- Part 2 Other matters relating to employment
- Procedure for handling redundancies
- 29 Collective redundancy: extended application of requirements
- 30 Collective redundancy consultation: protected period
- 31 Collective redundancy notifications: ships’ crew
- Public sector outsourcing: protection of workers
- 32 Public sector outsourcing: protection of workers
- Duties of employers relating to equality
- 33 Equality action plans
- 34 Provision of information relating to outsourced workers
- Annual leave records
- 35 Duty to keep records relating to annual leave
- Employment businesses
- 36 Extension of regulation of employment businesses
- Employment of children on heritage railways
- 37 Guidance about the employment of children on heritage railways
- Part 3 Pay and conditions in particular sectors
- Chapter 1 School support staff
- 38 Pay and conditions of school support staff in England
- Chapter 2 Social care workers
- Social Care Negotiating Bodies
- 39 Power to establish Social Care Negotiating Body
- 40 Membership, procedure, etc of Negotiating Body
- 41 Matters within Negotiating Body’s remit
- 42 Meaning of “social care worker”
- Consideration of matters by Negotiating Body
- 43 Consideration of matters by Negotiating Body
- 44 Reconsideration by Negotiating Body
- 45 Failure to reach an agreement
- Giving effect to agreements of Negotiating Body
- 46 Power to ratify agreements
- 47 Effect of regulations ratifying agreement
- Power of appropriate authority to deal with matters
- 48 Power of appropriate authority to deal with matters
- Guidance etc
- 49 Guidance and codes of practice
- Enforcement
- 50 Duty of employers to keep records
- Agency workers
- 51 Agency workers who are not otherwise “workers”
- Supplementary and general
- 52 Regulations under section 46 or 48: supplementary
- 53 Regulations under this Chapter
- 54 Status of agreements, etc
- 55 Interpretation of this Chapter
- Chapter 3 Seafarers
- 56 Seafarers’ wages and working conditions
- 57 International agreements relating to maritime employment
- Part 4 Trade unions and industrial action, etc
- Right to statement of trade union rights
- 58 Right to statement of trade union rights
- Right of trade unions to access workplaces
- 59 Right of trade unions to access workplaces
- Trade union recognition
- 60 Trade union recognition
- Trade union finances
- 61 Political funds: requirement to pass political resolution
- 62 Requirement to contribute to political fund
- 63 Deduction of trade union subscriptions from wages in public sector
- Facilities provided to trade union representatives and members
- 64 Facilities provided to trade union officials and learning representatives
- 65 Facilities for equality representatives
- 66 Facility time: publication requirements and reserve powers
- Blacklists
- 67 Blacklists: additional powers
- Industrial action: ballots
- 68 Industrial action ballots: turnout threshold
- 69 Industrial action ballots: support thresholds
- 70 Industrial action ballots: information to be included in notices to employers
- 71 Industrial action ballots: information to be included on voting paper
- 72 Period after which industrial action ballot ceases to be effective
- 73 Electronic balloting
- Notice to employers of industrial action
- 74 Notice to employers of industrial action
- Industrial action: picketing
- 75 Union supervision of picketing
- Protection for taking industrial action
- 76 Protection against detriment for taking industrial action
- 77 Protection against dismissal for taking industrial action
- Strikes: minimum service levels
- 78 Repeal of provision about minimum service levels
- Certification Officer
- 79 Annual returns: removal of provision about industrial action
- 80 Annual returns: removal of provision about political expenditure
- 81 Removal of powers to enforce requirements relating to annual returns
- 82 Removal of investigatory powers
- 83 Powers to be exercised only on application
- 84 Removal of power to impose financial penalties
- 85 Removal of power to impose levy
- 86 Appeals to the Employment Appeal Tribunal
- General
- 87 Employment outside Great Britain
- 88 Regulations subject to affirmative resolution procedure
- 89 Devolved Welsh authorities
- Part 5 Enforcement of labour market legislation
- General
- 90 Enforcement of labour market legislation by Secretary of State
- 91 Enforcement functions of Secretary of State
- 92 Delegation of functions
- Advisory Board
- 93 Advisory Board
- Strategies and reports
- 94 Labour market enforcement strategy
- 95 Annual reports
- Powers to obtain documents or information
- 96 Power to obtain documents or information
- 97 Power to enter premises in order to obtain documents, etc
- 98 Power to enter dwelling subject to warrant
- 99 Supplementary powers in relation to documents
- 100 Retention of documents
- Other powers to investigate non-compliance
- 101 Powers of enforcement officers under Police and Criminal Evidence Act 1984
- 102 Offences relating to gangmasters: power to enter premises with warrant
- Notices of underpayment
- 103 Power to give notice of underpayment
- 104 Calculation of the required sum
- 105 Period to which notice of underpayment may relate
- 106 Notices of underpayment: further provision
- 107 Penalties for underpayment
- 108 Further provision about penalties
- 109 Suspension of penalty where criminal proceedings have been brought, etc
- 110 Appeals against notices of underpayment
- 111 Withdrawal of notice of underpayment
- 112 Replacement notice of underpayment
- 113 Effect of replacement notice of underpayment
- 114 Enforcement of requirement to pay sums due to individuals
- 115 Enforcement of requirement to pay penalty
- Powers relating to civil proceedings
- 116 Power to bring proceedings in employment tribunal
- 117 Power to provide legal assistance
- 118 Recovery of costs of legal assistance
- Labour market enforcement undertakings
- 119 Power to request LME undertaking
- 120 Measures in LME undertakings
- 121 Duration of LME undertakings
- 122 Means of giving notice under section 119
- Labour market enforcement orders
- 123 Power to make LME order on application
- 124 Applications for LME orders
- 125 Power to make LME order on conviction
- 126 Measures in LME orders
- 127 Further provision about LME orders
- 128 Variation and discharge of LME orders
- 129 LME orders: appeals
- Safeguards etc
- 130 Evidence of authority
- 131 Warrants
- 132 Items subject to legal privilege
- 133 Privilege against self-incrimination
- 134 Information relating to the intelligence services, etc
- Disclosure of information
- 135 Disclosure of information
- 136 Disclosure of information: supplementary provision
- 137 Restriction on disclosure of HMRC information
- 138 Restriction on disclosure of intelligence service information
- Offences
- 139 Offence of failing to comply with LME order
- 140 Offence of providing false information or documents
- 141 Providing false information or documents: national security etc defence
- 142 Offence of obstruction
- Recovery of enforcement costs
- 143 Power to recover costs of enforcement
- Supplementary
- 144 Offences by bodies corporate
- 145 Application of this Part to partnerships
- 146 Application of this Part to unincorporated associations
- 147 Application of this Part to the Crown and Parliament
- 148 Abolition of existing enforcement authorities
- 149 Consequential and transitional provision
- Interpretation of this Part
- 150 Meaning of “non-compliance with relevant labour market legislation”
- 151 Interpretation: general
- Part 6 Miscellaneous and general
- Tribunals
- 152 Increase in time limits for making claims
- Regulations etc under Employment Rights Act 1996
- 153 Orders and regulations under Employment Rights Act 1996: procedure
- Final provisions
- 154 Power to make consequential amendments
- 155 Power to make transitional or saving provision
- 156 Regulations
- 157 Financial provision
- 158 Extent
- 159 Commencement
- 160 Short title
- Schedules
- Schedule 1 Agency workers: guaranteed hours and rights relating to shifts
- Schedule 2 Consequential amendments relating to sections 1 to 5
- Insolvency Act 1986
- Employment Tribunals Act 1996
- Employment Rights Act 1996
- Bankruptcy (Scotland) Act 2016
- Schedule 3 Minor and consequential amendments relating to section 25
- Employment Rights Act 1996
- Employment Relations Act 1999
- Enterprise and Regulatory Reform Act 2013
- Coronavirus Act 2020
- Power to make further consequential amendments
- Schedule 4 Pay and conditions of school support staff in England
- The School Support Staff Negotiating Body
- Consequential amendments
- Pre-commencement consultation
- Schedule 5 Seafarers’ wages and working conditions
- Amendment of Seafarers’ Wages Act 2023
- Part 1 of the Act: relevant services
- Chapter 1 of Part 2 of the Act: non-qualifying seafarers
- Chapter 2 of Part 2 of the Act: national minimum wage equivalence declarations
- Chapters 3 and 4 of Part 2 of the Act: remuneration regulations and declarations
- Part 3 of the Act: seafarers’ working conditions
- Part 4 of the Act: enforcement of Parts 2 and 3
- Part 5 of the Act: general and final provisions
- Amendment of title of the Act
- Schedule 6 Trade union recognition
- Part 1 Introduction
- Part 2 Recognition
- Meaning of “the application day”
- Acceptance of applications
- Withdrawal of application
- Notice to cease consideration of application
- Communication with workers through independent person after application
- Access agreements
- Unfair practices
- Powers of CAC on proceeding with application
- Ballots
- General provisions about admissibility of applications
- General provisions about validity of applications
- Competing applications
- Voluntary recognition
- Part 3 Changes affecting bargaining unit after recognition
- Changes relevant to appropriateness of bargaining unit
- Access agreements
- Unfair practices
- Powers of CAC where CAC decides new unit appropriate
- Withdrawal of application
- Part 4 Derecognition
- Access agreements
- Unfair practices
- Ballots
- Derecognition where recognition automatic
- Derecognition where union not independent
- Part 5 Meaning of “the required percentage”
- Part 6 Consequential amendments
- Schedule 7 Legislation subject to enforcement under Part 5
- Part 1 Relevant labour market legislation
- Employment Agencies Act 1973
- Social Security Contributions and Benefits Act 1992
- Social Security Administration Act 1992
- Social Security Contributions and Benefits (Northern Ireland) Act 1992
- Social Security Administration (Northern Ireland) Act 1992
- Employment Tribunals Act 1996
- National Minimum Wage Act 1998
- Working Time Regulations 1998
- Gangmasters (Licensing) Act 2004
- Fraud Act 2006
- Modern Slavery Act 2015
- Employment Rights Act 2025
- Part 2 Power to amend Part 1
- Schedule 8 Warrants under Part 5: further provision
- Part 1 Application of this Schedule
- Part 2 Warrants: applications and safeguards
- Applications for warrants
- Safeguards in connection with power of entry conferred by warrant
- Part 3 Execution of warrants
- Warrant to be executed within three months
- Time of entry
- Evidence of authority etc
- Securing premises after entry
- Return and retention of warrants
- Schedule 9 Persons to whom information may be disclosed under section 135
- Authorities with functions in connection with the labour market or the workplace etc
- Law enforcement and border security
- Local government
- Health and social care bodies
- Other persons
- Schedule 10 Consequential amendments relating to Part 5
- Part 1 Existing powers under relevant labour market legislation
- Employment Agencies Act 1973
- Part 2A of Employment Tribunals Act 1996
- National Minimum Wage Act 1998
- Gangmasters (Licensing) Act 2004
- Modern Slavery Act 2015
- Part 2 Other consequential amendments
- Public Records Act 1958
- Parliamentary Commissioner Act 1967
- Superannuation Act 1972
- House of Commons Disqualification Act 1975
- Northern Ireland Assembly Disqualification Act 1975
- Employment Protection Act 1975
- Police and Criminal Evidence Act 1984
- Companies Act 1985
- Trade Union and Labour Relations (Consolidation) Act 1992
- Criminal Justice and Public Order Act 1994
- Deregulation and Contracting Out Act 1994
- Employment Tribunals Act 1996
- Employment Relations Act 1999
- Immigration and Asylum Act 1999
- Finance Act 2000
- Regulation of Investigatory Powers Act 2000
- Freedom of Information Act 2000
- Police Reform Act 2002
- Employment Relations Act 2004
- Civil Partnership Act 2004
- Pensions Act 2004
- Serious Organised Crime and Police Act 2005
- Natural Environment and Rural Communities Act 2006
- Regulatory Enforcement and Sanctions Act 2008
- Employment Act 2008
- Equality Act 2010
- Financial Services Act 2012
- Modern Slavery Act 2015
- Small Business, Enterprise and Employment Act 2015
- Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
- Immigration Act 2016
- Investigatory Powers Act 2016
- Policing and Crime Act 2017
- Data Protection Act 2018
- Sentencing Act 2020
- Police, Crime, Sentencing and Courts Act 2022
- Procurement Act 2023
- Schedule 11 Transitional and saving provision relating to Part 5
- Part 1 Abolition of existing enforcement authorities: transfer schemes
- Staff transfer schemes
- Property transfer schemes
- Continuity
- Supplementary provision, etc
- Interpretation
- Part 2 Other transitional and saving provision
- General
- Powers to obtain documents etc
- Labour abuse prevention officers
- Warrants
- LME undertakings and orders
- Information
- Orders under Modern Slavery Act 2015
- Notices of underpayment under the National Minimum Wage Act 1998
- Enforcement of agricultural wages legislation
- Appeals under the Gangmasters (Licensing) Act 2004: Northern Ireland licences
- Schedule 12 Increase in time limits for making claims
- Safety Representatives and Safety Committees Regulations 1977
- Trade Union and Labour Relations (Consolidation) Act 1992
- Pension Schemes Act 1993
- Employment Rights Act 1996
- Health and Safety (Consultation with Employees) Regulations 1996
- Working Time Regulations 1998
- National Minimum Wage Act 1998
- Employment Relations Act 1999
- Transnational Information and Consultation of Employees Regulations 1999
- Merchant Shipping (Working Time: Inland Waterways) Regulations 2003
- Civil Aviation (Working Time) Regulations 2004
- Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004
- Transfer of Undertakings (Protection of Employment) Regulations 2006
- Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006
- Cross-border Railway Services (Working Time) Regulations 2008
- European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009
- Agency Workers Regulations 2010
- Equality Act 2010
- Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018