Employment Rights Act 2025

• Citation: 2025 c. 36
• Sections: 496

Section 1 Right to guaranteed hours

(1) Part 2A of the Employment Rights Act 1996 (zero hours workers) is amended as follows.

(2) In the Part heading, at the end insert “and similar” .

(3) Before section 27A insert—

Exclusivity terms and other restrictions

(4) After section 27B insert—

Right to guaranteed hours

Guaranteed hours offers

Right for qualifying workers to be offered guaranteed hours

(27BA)

(1) An employer must make a guaranteed hours offer to a worker in accordance with section 27BB after the end of every period—

(a) that is a reference period in relation to that worker and that employer, and

(b) in relation to which the worker is a qualifying worker of the employer.

(2) Section 27BD makes provision for exceptions to this duty, including in certain cases where the worker ceases to be employed by the employer.

(3) A worker is a qualifying worker of an employer in relation to a reference period if—

(a) during the reference period the worker was employed by the employer under one or more worker’s contracts (whether or not continuously) and either—

(i) the worker’s contract was, or the worker’s contracts were, a zero hours contract or entered into in accordance with a zero hours arrangement, or

(ii) the worker’s contract, or the worker’s contracts (taken together), required the employer, or were entered into in accordance with an arrangement that required the employer, to make work available to the worker during the reference period for a number of hours (“the minimum number of hours”) not exceeding a specified number of hours,

(b) during the reference period the worker worked under the worker’s contract or the worker’s contracts (taken together) for a number of hours (the “reference period hours”),

(c) where paragraph (a) (ii) applies, the reference period hours exceeded the minimum number of hours,

(d) the reference period hours satisfy such conditions (or, where paragraph (a) (ii) applies, such further conditions) as to number, regularity or otherwise as are specified, and

(e) when the worker worked the reference period hours, it was not as an excluded worker or an agency worker (but see Part 1 of Schedule A1 for provision about guaranteed hours and agency workers).

(4) In relation to a worker and the worker’s employer, each of the following is a “reference period”—

(a) the initial reference period, and

(b) each subsequent reference period.

(5) “ The initial reference period ”, in relation to a worker and the worker’s employer, means the period—

(a) beginning with—

(i) where the worker is employed by the employer on the day on which subsection (1) comes into force (“ the commencement day ”), the commencement day, or

(ii) where the worker is not so employed, the first day after the commencement day on which the worker is employed by the employer, and

(b) ending with the specified day.

(6) A “ subsequent reference period ”, in relation to a worker and the worker’s employer, means a period beginning and ending with the specified days.

(7) See paragraph 6 (4) of Schedule A1 for provision about when the initial reference period is not a reference period in relation to a worker who is a former agency worker and that worker’s employer.

(8) For the purposes of this Chapter—

(a) references to a “qualifying worker” are to a worker who is a qualifying worker of an employer in relation to a reference period by virtue of subsection (3) , and

(b) the reference period in relation to which the worker is a qualifying worker of the employer is referred to as “ the relevant reference period ”.

(9) If, during a reference period—

(a) a worker was employed by an employer under one or more worker’s contracts of the type described in subsection (3) (a) (i) and one or more worker’s contracts of the type described in subsection (3) (a) (ii) , and

(b) the hours that the worker worked under the worker’s contract, or the worker’s contracts, that are of the type described in subsection (3) (a) (ii) did not exceed the minimum number of hours,

the worker’s contract, or the worker’s contracts, that are of the type described in subsection (3) (a) (ii) are to be disregarded in the application of this Chapter (other than this subsection) in relation to the worker and the reference period (and accordingly that worker’s contract, or those worker’s contracts, are to be treated as not existing).

(10) Subsection (11) applies where—

(a) a worker’s contract or arrangement requires an employer to make work available to a worker for a number of hours, and

(b) some or all of those hours may be made available either on days falling within a reference period or on days falling within another period (all of the days on which the hours may be so made available together forming the “longer period”).

In subsection (11) , “the unassigned hours” are the hours that may be made available at any time during the longer period as described in paragraph (b) .

(11) Where this subsection applies—

(a) subsection (3) (a) (ii) is to apply as if the contract or arrangement required the employer to make work available to the worker during the reference period for the apportioned number of the unassigned hours (in addition to any other hours that the employer is required to make available to the worker during the reference period);

(b) “the apportioned number” of the unassigned hours is—

where—

H is the number of the unassigned hours,

D1 is the number of days in the reference period that fall within the longer period, and

D2 is the number of days in the longer period.

(12) Where there is more than one longer period in relation to the same reference period, subsection (11) is to be applied separately in relation to each longer period.

(13) Nothing in this Chapter prevents an employer from making one or more other offers to a qualifying worker, to vary the worker’s terms and conditions of employment or enter into a new worker’s contract, at the same time as making a guaranteed hours offer.

(14) Regulations made under subsection (3) (d) , (5) or (6) may, in particular, include provision to take account of time when a worker does not work for a specified reason.

(15) Before making—

(a) the first regulations to be made under subsection (5) , the Secretary of State must consult such persons as the Secretary of State considers appropriate about when the initial reference period is to end;

(b) the first regulations to be made under subsection (6) , the Secretary of State must consult such persons as the Secretary of State considers appropriate about when a subsequent reference period is to begin and end.

(16) In this section, “ excluded worker ” means a worker who is of a specified description.

Requirements relating to a guaranteed hours offer

(27BB)

(1) An offer by an employer to a qualifying worker is a guaranteed hours offer for the purposes of this Chapter if it is an offer—

(a) to vary the worker’s terms and conditions of employment (but see subsection (6) ), or

(b) to enter into a new worker’s contract,

and the terms and conditions as varied or (as the case may be) the new worker’s contract will require the employer to provide the qualifying worker with work, and the qualifying worker to do work, for a number of hours that reflects the reference period hours in the relevant reference period.

(2) The Secretary of State may by regulations provide that an offer by an employer to a qualifying worker is a guaranteed hours offer for the purposes of this Chapter only if it also satisfies the condition in subsection (3) .

(3) The condition referred to in subsection (2) is that—

(a) the offer sets out—

(i) the days of the week, and the times on those days, when the offered number of hours are to be provided and worked, or

(ii) a working pattern of days, and times of day, by reference to which the offered number of hours are to be provided and worked, and

(b) those days and times reflect, or that pattern reflects, when the qualifying worker worked the reference period hours in the relevant reference period.

(4) Where no regulations are in force under subsection (2) that apply in relation to an offer by an employer to a qualifying worker, the offer is a guaranteed hours offer for the purposes of this Chapter only if it also proposes terms and conditions relating to when the offered number of hours are to be provided and worked (which need not be on particular days of the week, or at particular times on those days, or by reference to a particular working pattern of days or times of day).

(5) The Secretary of State may by regulations make provision about how it is to be determined—

(a) whether an offer reflects the number of hours worked by a qualifying worker during a reference period;

(b) where regulations are in force under subsection (2) that apply in relation to an offer, whether the offer reflects when hours were worked by a qualifying worker during a reference period.

(6) A guaranteed hours offer may take the form of an offer to vary a qualifying worker’s terms and conditions of employment (as opposed to an offer to enter into a new worker’s contract) only if—

(a) the qualifying worker worked for the employer under a worker’s contract at the beginning of the relevant reference period,

(b) the qualifying worker is still working for the employer under that worker’s contract on the day the offer is made, and

(c) the qualifying worker did not work for the employer under any other worker’s contract during the period beginning with the first day of the relevant reference period and ending with the day the offer is made.

(7) A guaranteed hours offer that takes the form of an offer to vary a qualifying worker’s terms and conditions of employment—

(a) must propose the removal of any term that provides for the contract to terminate by virtue of a limiting event unless, if the contract were entered into on the day the offer is made, it would be reasonable for it to be entered into as a limited-term contract;

(b) may not propose any other variation of the worker’s terms and conditions of employment (other than what is required by or under subsections (1) and (2) or subsections (1) and (4) ).

(8) A guaranteed hours offer that takes the form of an offer to enter into a new worker’s contract—

(a) must not propose a new worker’s contract that is a limited-term contract unless it is reasonable for it to be entered into as such a contract, and

(b) must (in addition to what is required by or under subsections (1) and (2) or subsections (1) and (4) ) propose terms and conditions of employment—

(i) that, taken as a whole, are no less favourable than the terms and conditions of employment relating to matters other than working hours and length of employment that the qualifying worker had when working for the employer during the relevant reference period, or

(ii) where section 27BC applies, that comply with subsection (2) of that section.

(9) For the purposes of this section it is reasonable for a worker’s contract of a qualifying worker to be entered into as a limited-term contract only if—

(a) it is reasonable for the qualifying worker’s employer to consider that the worker is only needed to perform a specific task and the contract provides for termination when the task has been performed,

(b) it is reasonable for the qualifying worker’s employer to consider that the worker is only needed until the occurrence of an event (or the failure of an event to occur) and the contract provides for termination on the occurrence of the event (or the failure of the event to occur), or

(c) it is reasonable for the qualifying worker’s employer to consider that there is only a temporary need of a specified description (not falling within paragraph (a) or (b) ) for the qualifying worker to do work under the contract and the contract is to expire at a time when it is reasonable for the employer to consider that the temporary need will come to an end.

(10) Before making the first regulations to be made under subsection (9) (c) the Secretary of State must consult—

(a) such persons representing the interests of seasonal workers as the Secretary of State considers appropriate,

(b) such persons representing the interests of employers of seasonal workers as the Secretary of State considers appropriate, and

(c) such other persons as the Secretary of State considers appropriate.

(11) A guaranteed hours offer—

(a) must be made by no later than the specified day,

(b) must be made in the specified form and manner, and

(c) must be accompanied by specified information relating to the offer.

(12) The Secretary of State may by regulations make provision about when a guaranteed hours offer is to be treated as having been made.

(13) In this section, “ reference period hours ”, in relation to a qualifying worker and a relevant reference period, has the same meaning as in section 27BA (3) .

Requirements relating to a guaranteed hours offer: supplementary

(27BC)

(1) This section applies where—

(a) a guaranteed hours offer made by an employer to a qualifying worker takes the form of an offer to enter into a new worker’s contract, and

(b) during the relevant reference period—

(i) the qualifying worker worked for the employer under more than one worker’s contract and did not have the same terms and conditions of employment relating to matters other than working hours and length of employment under those worker’s contracts, or

(ii) the qualifying worker worked for the employer under only one worker’s contract but there was a variation during the relevant reference period of the qualifying worker’s terms and conditions of employment relating to matters other than working hours and length of employment.

(2) Where this section applies, the guaranteed hours offer may propose terms and conditions of employment (in addition to what is required by or under section 27BB (1) and (2) or section 27BB (1) and (4) ) that, taken as a whole, are less favourable than the most favourable terms and conditions of employment relating to matters other than working hours and length of employment that the qualifying worker had when working for the employer during the relevant reference period, but only if—

(a) those proposed terms and conditions, taken as a whole, are no less favourable than the least favourable terms and conditions relating to matters other than working hours and length of employment that the qualifying worker had when working for the employer during the relevant reference period, and

(b) the proposal of those terms by the employer constitutes a proportionate means of achieving a legitimate aim.

(3) If an employer relies on subsection (2) when making a guaranteed hours offer to a qualifying worker, the employer must give to the qualifying worker a notice that—

(a) states that the employer has done so, and

(b) explains how the proposed terms and conditions constitute a proportionate means of achieving a legitimate aim.

(4) A notice under subsection (3) must be given by no later than the same day, and in the same form and manner, as the guaranteed hours offer (see section 27BB (11) ).

Guaranteed hours offer: exceptions to duty to make offer and withdrawal of offer

(27BD)

(1) The duty imposed by section 27BA (1) on an employer in relation to a qualifying worker does not apply if during the relevant reference period or the offer period there is a relevant termination of—

(a) the worker’s contract under which the qualifying worker has been working for the employer, or

(b) the arrangement in accordance with the terms of which the qualifying worker has been working for the employer.

(2) A guaranteed hours offer made by an employer to a qualifying worker is to be treated as having been withdrawn if during the response period there is a relevant termination of—

(a) the worker’s contract under which the qualifying worker has been working for the employer, or

(b) the arrangement in accordance with the terms of which the qualifying worker has been working for the employer.

(3) Where a qualifying worker works for an employer under more than one worker’s contract, or in accordance with the terms of more than one arrangement, during—

(a) the relevant reference period,

(b) the offer period, or

(c) the response period,

the references in subsections (1) and (2) to the worker’s contract or (as the case may be) the arrangement are to the worker’s contract under which, or (as the case may be) the arrangement in accordance with the terms of which, the qualifying worker last worked for the employer before the end of the period in question.

(4) There is a relevant termination of a worker’s contract entered into between a qualifying worker and an employer if—

(a) the qualifying worker terminates (with or without notice) the worker’s contract otherwise than in circumstances in which the worker is entitled to terminate it without notice by reason of the employer’s conduct,

(b) the employer terminates (with or without notice) the worker’s contract and—

(i) the employer’s reason for doing so (or, if more than one, the employer’s principal reason for doing so) is a qualifying reason, and

(ii) in the circumstances (including the size and administrative resources of the employer’s undertaking) the employer acts reasonably in treating the reason (or the principal reason) as a sufficient reason for terminating the contract, or

(c) the worker’s contract terminates by virtue of a limiting event and it was reasonable for the contract to have been entered into as a limited-term contract.

(5) There is a relevant termination of an arrangement entered into between a qualifying worker and an employer if—

(a) the qualifying worker or the employer terminates the arrangement and the termination is equivalent to a termination falling within subsection (4) (a) or (b) , or

(b) the arrangement was not intended to be permanent and the termination of it is equivalent to a termination falling within subsection (4) (c) .

(6) The Secretary of State may by regulations make provision for the duty imposed by section 27BA (1) not to apply in relation to a reference period, or for a guaranteed hours offer that has been made to be treated as having been withdrawn, in other specified circumstances.

(7) In exercising the power under subsection (6) the Secretary of State must, in particular, have regard to—

(a) the benefit to workers of receiving a guaranteed hours offer under this Chapter, and

(b) the desirability of preventing this Chapter from having a significant adverse effect on employers who are dealing with exceptional circumstances.

(8) Where, by virtue of subsection (2) , a guaranteed hours offer made by an employer to a qualifying worker is treated as having been withdrawn, the employer must, by no later than the end of the response period, give a notice to the qualifying worker stating this to be the case.

(9) Where, by virtue of regulations under subsection (6) —

(a) an employer who would otherwise have been subject to the duty imposed by section 27BA (1) in relation to a qualifying worker and a particular reference period is not required to make a guaranteed hours offer to the qualifying worker, or

(b) a guaranteed hours offer made by an employer to a qualifying worker is treated as having been withdrawn,

the employer must give a notice to the qualifying worker that states which provision of the regulations has produced the effect referred to in paragraph (a) or (b) (as the case may be).

(10) A notice under subsection (9) must be given by an employer to a qualifying worker—

(a) where it is required to be given by virtue of paragraph (a) of that subsection, by no later than the end of the offer period;

(b) where it is required to be given by virtue of paragraph (b) of that subsection, by no later than the end of the response period.

(11) The Secretary of State may by regulations make provision about—

(a) the form and manner in which a notice under subsection (8) or (9) must be given;

(b) when a notice under subsection (8) or (9) is to be treated as having been given.

(12) For the purposes of subsection (4) (c) (and subsection (5) (b) , which applies subsection (4) (c) )—

(a) subsection (9) of section 27BB (when it is reasonable for a worker’s contract to be entered into as a limited-term contract) applies as it applies for the purposes of that section;

(b) it is to be presumed, unless the contrary is shown, that it was not reasonable for the worker’s contract to have been entered into as a limited-term contract if the work done by the qualifying worker under the worker’s contract was of the same or a similar nature as the work done under another worker’s contract under which the qualifying worker worked for the employer—

(i) where the period in question is the relevant reference period, during that period;

(ii) where the period in question is the offer period, during that period or the relevant reference period;

(iii) where the period in question is the response period, during that period, the relevant reference period or the offer period.

(13) In this section—

“ the offer period ”, in relation to a qualifying worker and the qualifying worker’s employer, means the period beginning with the day after the day on which the relevant reference period ends and ending with—

the day on which a guaranteed hours offer is made to the qualifying worker by the employer, or

if no guaranteed hours offer is made before the day specified under section 27BB (11) (a) as the last day on which the employer may make such an offer to the qualifying worker, that last day;

“ qualifying reason ” means—

a reason of the type mentioned in section 98(1)(b), or

in relation to a worker who was not an employee immediately before ceasing to be employed, a reason that would be of the type mentioned in section 98(1)(b) if references in that provision and in section 98(2) and (3) to an employee were references to a worker;

“ the response period ”, in relation to a guaranteed hours offer made to a qualifying worker, means the period—

beginning with the day after the day on which the offer is made, and

ending with the specified day.

Acceptance or rejection of a guaranteed hours offer

(27BE)

(1) Where an employer makes a guaranteed hours offer to a qualifying worker and the offer is not treated as having been withdrawn by virtue of section 27BD (2) or regulations under section 27BD (6) , the qualifying worker may, by giving notice to the employer before the end of the response period, accept or reject the offer.

(2) Where the guaranteed hours offer takes the form of an offer to vary the qualifying worker’s terms and conditions of employment and the qualifying worker gives notice under subsection (1) accepting the offer, the variation (assuming the worker’s contract that was in force when the guaranteed hours offer was made is still in force) is to be treated as taking effect on the day after the day on which notice is given (but this is subject to subsection (6) ).

(3) If the guaranteed hours offer takes the form of an offer to vary the qualifying worker’s terms and conditions of employment but the worker’s contract that was in force when the guaranteed hours offer was made ceases to be in force during the response period—

(a) the qualifying worker may (if the offer is not treated as having been withdrawn by virtue of section 27BD (2) or regulations under section 27BD (6) ) still give notice under subsection (1) accepting the offer, and

(b) if the qualifying worker does so—

(i) the qualifying worker and the employer are to be treated as entering into a worker’s contract on the day after the day on which notice is given (but this is subject to subsection (6) ), and

(ii) the terms of the contract are to be treated as being the terms of the worker’s contract that was in force when the guaranteed hours offer was made as varied in accordance with the terms of the offer.

(4) Where the guaranteed hours offer takes the form of an offer to enter into a new worker’s contract and the qualifying worker gives notice under subsection (1) accepting the offer—

(a) the qualifying worker and the employer are to be treated as entering into a worker’s contract in the terms of the offer on the day after the day on which notice is given (but this is subject to subsection (6) ), and

(b) that worker’s contract is to be treated as replacing any other worker’s contract entered into between the qualifying worker and the employer that is in force on that day.

(5) But where, by virtue of subsection (4)(b), a new worker’s contract replaces another worker’s contract of a qualifying worker who is an employee—

(a) that is not to be treated for the purposes of this Act as breaking the continuity of a period of employment of the qualifying worker;

(b) the worker’s contract that is replaced is not to be treated for the purposes of Part 10 as having terminated.

(6) A qualifying worker and an employer may agree, for the purposes of subsection (2) , (3) or (4) , that the variation of the qualifying worker’s terms and conditions of employment is to be treated as taking effect, or (as the case may be) the new worker’s contract is to be treated as being entered into, on a later day than the day mentioned in the subsection (and, in subsection (4) (b) , the reference to “that day” is then to be read as a reference to the later agreed day).

(7) If a qualifying worker to whom a guaranteed hours offer has been made does not give notice under subsection (1) before the end of the response period, the qualifying worker is to be treated as having rejected the offer.

(8) The Secretary of State may by regulations make provision about—

(a) the form and manner in which notice under subsection (1) must be given by a qualifying worker to an employer;

(b) when notice given by a qualifying worker to an employer under subsection (1) is to be treated as having been given.

(9) In this section, “ the response period ” has the same meaning as in section 27BD .

(10) Where—

(a) an employer is permitted by section 27BY (3) to withdraw a guaranteed hours offer (withdrawal of offer following incorporation of terms of collective agreement), and

(b) the employer withdraws the offer by giving notice under that section,

subsection (1) of this section ceases to apply in relation to the offer when the notice is given.

Information

Information about rights conferred by Chapter 2

(27BF)

(1) An employer who employs a worker who it is reasonable to consider might become a qualifying worker of the employer in relation to a reference period (whether the initial reference period, or a subsequent reference period, as defined in section 27BA) must take reasonable steps, within the initial information period, to ensure that the worker is aware of specified information relating to the rights conferred on workers by this Chapter.

(2) An employer who is subject to the duty in subsection (1) in relation to a worker must take reasonable steps to ensure that, after the end of the initial information period, the worker continues to have access to the specified information referred to in that subsection at all times when—

(a) the worker is employed by the employer, and

(b) it is reasonable to consider that the worker might become (or might again become) a qualifying worker of the employer in relation to a reference period.

(3) “ The initial information period ”, in relation to a worker and the worker’s employer, means the period of two weeks beginning with—

(a) where the worker is employed by the employer on the day on which section 27BA(1) comes into force (“ the commencement day ”), the commencement day, or

(b) where the worker is not so employed, the first day after the commencement day on which the worker is employed by the employer.

(4) But where, on the day referred to in subsection (3) (a) or (b) , it was not reasonable to consider that the worker might become a qualifying worker of the employer in relation to any reference period, subsection (3) is to be read as if it provided for “the initial information period” to mean the period of two weeks beginning with the day on which it becomes reasonable so to consider.

Enforcement

Complaints to employment tribunals: grounds

(27BG)

(1) A worker may present a complaint to an employment tribunal that—

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

(b) by the end of the last day of the offer period, the employer has not made an offer to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract in compliance (or purported compliance) with that duty (whether because the employer does not consider that the worker is a qualifying worker in relation to the reference period or for any other reason).

(2) A worker may present a complaint to an employment tribunal that—

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

(b) the offer that the employer has made to the worker in relation to that reference period to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract is not a guaranteed hours offer as described in—

(i) where regulations are in force under subsection (2) of section 27BB that apply in relation to the offer, subsections (1) and (3) of that section (read with any regulations in force under subsection (5) (a) or (b) of that section), or

(ii) where no regulations are in force under subsection (2) of section 27BB that apply in relation to the offer, subsections (1) and (4) of that section (read with any regulations in force under subsection (5) (a) of that section).

(3) A worker may present a complaint to an employment tribunal that—

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

(b) the guaranteed hours offer that the employer has made to the worker in relation to that reference period—

(i) takes the form of an offer to vary the worker’s terms and conditions of employment where that is prohibited by section 27BB (6) ,

(ii) does not comply with section 27BB (7) , or

(iii) does not comply with section 27BB (8) .

(4) A worker may present a complaint to an employment tribunal that—

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

(b) the guaranteed hours offer that the employer has made to the worker in relation to that reference period is on terms requiring the employer to provide, and the worker to do, less work than would have been the case if the employer had not, during that reference period—

(i) limited (by whatever means, including termination of a worker’s contract or an arrangement) the number of hours of work made available to the worker, or

(ii) decided to make work available to the worker in the way that the employer did,

for the sole or main purpose of being able to comply with the duty by making such a reduced offer.

(5) A worker may present a complaint to an employment tribunal that the duty imposed by section 27BA (1) would have applied to the worker’s employer in relation to the worker and a particular reference period if the employer had not, during that reference period—

(a) limited (by whatever means, including termination of a worker’s contract or an arrangement) the number of hours of work made available to the worker, or

(b) decided to make work available to the worker in the way that the employer did,

for the sole or main purpose of preventing the worker from satisfying, in relation to that reference period, one or more of the conditions in section 27BA (3) (b) to (d) .

(6) A complaint under subsection (2) , (3) or (4) —

(a) may be presented whether or not the offer in question has been accepted by the worker, but

(b) may not be presented in relation to an offer that is—

(i) treated as having been withdrawn by virtue of section 27BD (2) or regulations under section 27BD (6) , or

(ii) withdrawn in accordance with section 27BY (3) (withdrawal of offer following incorporation of terms of collective agreement).

(7) A worker may present a complaint to an employment tribunal that the worker’s employer—

(a) has failed to give to the worker a notice under section 27BD (8) or (9) ;

(b) has given to the worker a notice under section 27BD (8) or (9) (b) in circumstances in which the employer should not have done so;

(c) has given to the worker a notice in purported compliance with section 27BD (9) that does not refer to any provision of the regulations or refers to the wrong provision.

(8) A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with—

(a) the duty imposed by section 27BF (1) ;

(b) the duty imposed by section 27BF (2) .

(9) In this section “ the last day of the offer period ”, in relation to a reference period, means the day specified under section 27BB (11) (a) as the last day on which a guaranteed hours offer may be made in relation to that reference period.

Complaints to employment tribunals: time limits

(27BH)

(1) An employment tribunal must not consider a complaint under section 27BG (1) unless it is presented before the end of the period of six months beginning with the day after the last day of the offer period (as defined in section 27BG (9) ).

(2) An employment tribunal must not consider a complaint under section 27BG (2) unless it is presented before the end of the period of six months beginning with the day after the day when the offer referred to in that provision is made.

(3) An employment tribunal must not consider a complaint under section 27BG (3) or (4) unless it is presented before the end of the period of six months beginning with the day after the day when the guaranteed hours offer referred to in that provision is made.

(4) An employment tribunal must not consider a complaint under section 27BG (5) unless it is presented before the end of the period of six months beginning with the day after what would have been the last day of the offer period (as defined in section 27BG (9) ) if the duty imposed by section 27BA (1) had applied.

(5) An employment tribunal must not consider a complaint under section 27BG (7) (a) relating to a notice unless it is presented before the end of the period of six months beginning with the day after the day on or before which the notice should have been given (see section 27BD (8) and (10) ).

(6) An employment tribunal must not consider a complaint under section 27BG (7) (b) or (c) relating to a notice unless it is presented before the end of the period of six months beginning with the day after the day on which the notice is given.

(7) An employment tribunal must not consider a complaint under section 27BG (8) (a) unless it is presented before the end of the period of six months beginning with the day after the last day of the initial information period (see section 27BF (3) and (4) ).

(8) An employment tribunal must not consider a complaint under section 27BG (8) (b) unless it is presented before the end of the period of six months beginning with the day on which the worker first becomes aware of the failure to which the complaint relates.

(9) But, if the employment tribunal is satisfied that it was not reasonably practicable for a complaint under section 27BG to be presented before the end of the relevant period of six months, the tribunal may consider the complaint if it is presented within such further period as the tribunal considers reasonable.

(10) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (1) to (8) .

Remedies

(27BI)

(1) Where an employment tribunal finds a complaint under section 27BG 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 employer to the worker.

(2) The amount of compensation under subsection (1) (b) is to be such amount, not exceeding the permitted maximum, as the tribunal considers just and equitable in all the circumstances to compensate the worker for any financial loss sustained by the worker which is attributable to the matter complained of.

(3) In ascertaining the financial loss sustained, the tribunal must apply the same rule concerning the duty of a person to mitigate their loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) Scotland.

(4) For the purposes of subsection (2) , “the permitted maximum” is—

(a) where the complaint is under section 27BG (1) , (2) , (3) , (7) or (8) , such number of weeks’ pay as the Secretary of State may specify in regulations;

(b) where the complaint is under section 27BG (4) or (5) , such amount as the Secretary of State may specify in regulations.

(5) In calculating a week’s pay for the purposes of determining the permitted maximum for an award of compensation to a worker who is not an employee, Chapter 2 of Part 14 is to apply as if—

(a) references in that Chapter and in section 234 (normal working hours) to an employee were references to a worker;

(b) references in that Chapter and in section 234 to a contract of employment were references to a worker’s contract;

(c) “week” meant—

(i) in relation to a worker whose remuneration is calculated weekly by a week ending with a day other than a Saturday, a week ending with that other day, and

(ii) in relation to any other worker, a week ending with Saturday.

Section 2 Shifts: rights to reasonable notice

After section 27BI of the Employment Rights Act 1996 (inserted by section 1 ) insert—

Shifts: rights to reasonable notice

Right to reasonable notice of a shift

(27BJ)

(1) An employer must give to a worker reasonable notice of a shift that the employer requests or requires the worker to work if—

(a) the worker is (or is to be) employed by the employer under a zero hours contract, or

(b) the worker is (or is to be) employed by the employer under a worker’s contract of a specified description that requires the employer to make some work available to the worker but does not provide on what days and at what times, or in accordance with what pattern of days and times, that work is to be done by the worker,

and the shift is to be worked under the contract referred to in paragraph (a) or (b) .

(2) An employer must give to a worker reasonable notice of a shift that the employer requests or requires the worker to work if—

(a) the worker is (or is to be) employed by the employer under a worker’s contract of a specified description that requires the employer to make some work available to the worker,

(b) the contract provides on what days and at what times, or in accordance with what pattern of days and times, that work, or some of that work, is to be done by the worker, and

(c) the shift is to be worked under that contract but no part of it corresponds to the time of a shift provided for by the contract as described in paragraph (b) .

(3) An employer must give to an individual reasonable notice of a shift that the employer requests the individual to work if—

(a) the individual would, if they worked the shift, be employed by the employer under a worker’s contract, and

(b) the worker’s contract would be entered into in accordance with a zero hours arrangement that is in place between the employer and the individual.

(4) It is to be presumed, unless the contrary is shown, that notice of a shift is not reasonable notice for the purposes of subsections (1) to (3) if it is given less than a specified amount of time before the shift is due to start.

(5) Regulations under subsection (1) (b) or (2) (a) may, in particular, specify a description of worker’s contract by reference to—

(a) it being a worker’s contract that entitles a worker to be paid no more than a specified amount;

(b) it being a worker’s contract that requires an employer to make work available to a worker for no more than a specified number of hours.

(6) Where—

(a) the conditions in subsection (2) (a) and (b) are met in relation to a worker and a worker’s contract,

(b) the worker is to work (or is working) a shift under that contract all or part of which corresponds to the time of a shift (a “guaranteed shift”) provided for by the contract as described in subsection (2) (b) ,

(c) the employer requests or requires the worker to start earlier, or end later, than is provided for by the contract (as described in subsection (2) (b) ) in relation to the guaranteed shift, and

(d) the earlier start or later end is to result in an additional number of hours being worked above the number of hours to be worked in the guaranteed shift,

the additional hours are to be treated for the purposes of this Chapter as a separate shift (and accordingly as one that meets the condition in subsection (2) (c) ).

(7) For the purposes of this Chapter—

“ employer ”, in relation to an individual and a shift, includes a person by whom the individual would be (or would have been) employed if the individual worked the shift;

“ worker ”, in relation to a shift, includes an individual who would be (or would have been) a worker if the individual worked the shift.

(8) In this section, “ notice of a shift ” means notice of how many hours are to be worked and when the shift is to start and end.

Right to reasonable notice of cancellation of or change to a shift

(27BK)

(1) Subsection (2) applies in relation to an employer and a worker where—

(a) the employer has given notice of a shift to the worker,

(b) the shift is one that the worker was entitled to reasonable notice of under section 27BJ (1) , (2) or (3) , and

(c) where the shift is one that the employer has requested (rather than required) the worker to work, the worker has agreed to work it.

(2) The employer must give reasonable notice to the worker of—

(a) the cancellation of the shift by the employer;

(b) any change requested or required by the employer consisting of—

(i) a change to when the shift is to start or end;

(ii) a reduction in the number of hours to be worked during the shift because of a break in the shift;

(but this is subject to section 27BM ).

(3) It is to be presumed, unless the contrary is shown, that—

(a) notice of the cancellation of a shift is not reasonable notice for the purposes of subsection (2) if it is given less than a specified amount of time before the shift would have started (if the shift had not been cancelled);

(b) notice of a change to when a shift is to start is not reasonable notice for the purposes of subsection (2) if it is given less than a specified amount of time before the earlier of—

(i) when the shift would have started (if the shift had not been changed), and

(ii) when the shift is due to start (having been changed);

(c) notice of any other change to a shift is not reasonable notice for the purposes of subsection (2) if it is given—

(i) less than a specified amount of time before the shift is due to start;

(ii) on or after the start of the shift.

(4) In this section, “ notice of a shift ” has the same meaning as in section 27BJ .

Sections 27BJ and 27BK : supplementary

(27BL)

(1) None of the duties imposed by sections 27BJ and 27BK applies in relation to a shift that would be (or would have been) worked, or is being worked, by a worker as an agency worker (but see Part 2 of Schedule A1 for provision about rights of agency workers to reasonable notice in relation to shifts).

(2) Where a worker suggests working a shift and the employer agrees to the suggestion—

(a) the duties imposed by section 27BJ (1) , (2) and (3) do not apply in relation to the shift as suggested by the worker, but

(b) the duty imposed by section 27BK (2) applies (even though the conditions in section 27BK (1) have not been met).

(3) Section 27BJ (6) applies for the purposes of subsection (2) of this section as if section 27BJ (6) (c) referred to what the worker suggests rather than what the employer requests or requires.

(4) In sections 27BJ and 27BK , references to a request to work a shift made by an employer to a worker include a request (a “multi-worker request”) made by the employer to the worker and one or more others in circumstances where the employer does not need the shift to be worked by all of those to whom the request is made.

(5) For the purposes of section 27BK , where an employer has made a multi-worker request to a worker in relation to a shift, references to the cancellation of the shift include the worker not being needed to work the shift because one or more others have agreed to work it.

(6) The Secretary of State may by regulations make provision about—

(a) the form and manner in which notice under sections 27BJ and 27BK must be given;

(b) when notice under those sections is to be treated as having been given.

Interaction with Chapter 4

(27BM)

(1) Where an employer—

(a) is required to make a payment to a worker under section 27BP in relation to a shift that the employer cancels, moves or curtails at short notice, or

(b) would have been required to make such a payment in relation to the shift but for provision made under section 27BR (1) (c) ,

nothing in section 27BK (2) is to be taken to have applied in relation to the cancellation, movement or curtailment of the shift that gave rise to, or would have given rise to, the requirement to make the payment.

(2) Terms used in this section have the same meaning as in section 27BP .

Complaints to employment tribunals

(27BN)

(1) A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with a duty imposed by section 27BJ or 27BK .

(2) Where, in determining whether a complaint under this section is well-founded, the tribunal must determine whether reasonable notice has been given, the tribunal must have regard, in particular, to such of the specified matters as are appropriate in the circumstances.

(3) An employment tribunal must not consider a complaint under this section unless it is presented before the end of the period of six months beginning with—

(a) where the complaint is that the employer failed to comply with a duty imposed by section 27BJ (1) , (2) or (3) in relation to a shift, the day on which the shift was due to start;

(b) where the complaint is that the employer failed to comply with the duty imposed by section 27BK (2) in relation to the cancellation of a shift, the day on which the shift would have started (if the shift had not been cancelled);

(c) where the complaint is that the employer failed to comply with the duty imposed by section 27BK (2) in relation to a change to a shift, the day on which the shift as changed was due to start or, where the shift was changed on or after its start, the day on which the shift started.

(4) But, if the employment tribunal is satisfied that it was not reasonably practicable for a complaint to be presented before the end of the relevant period of six months, the tribunal may consider the complaint if it is presented within such further period as the tribunal considers reasonable.

(5) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (3) .

Remedies

(27BO)

(1) Where an employment tribunal finds a complaint under section 27BN 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 employer to the worker.

(2) The amount of compensation under subsection (1) (b) in relation to a complaint is to be such amount, not exceeding the specified amount, as the tribunal considers just and equitable in all the circumstances to compensate the worker for any financial loss sustained by the worker which is attributable to the matter complained of.

(3) In ascertaining the financial loss sustained, the tribunal must apply the same rule concerning the duty of a person to mitigate their loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) Scotland.

Section 3 Right to payment for cancelled, moved and curtailed shifts

After section 27BO of the Employment Rights Act 1996 (inserted by section 2 ) insert—

Right to payment for cancelled, moved and curtailed shifts

Right to payment for a cancelled, moved or curtailed shift

(27BP)

(1) An employer must make a payment of a specified amount to a worker each time that the employer cancels, moves or curtails at short notice a qualifying shift—

(a) that the employer has informed the worker they are required to work,

(b) that the employer has requested the worker to work and the worker has agreed to work, or

(c) that the worker has suggested working and the employer has agreed to the worker working,

(but see section 27BR for exceptions to this duty).

(2) A shift is a “ qualifying shift ”, in relation to a worker and an employer, if it would be (or would have been) worked, or is being worked, by the worker for the employer under—

(a) a zero hours contract,

(b) a worker’s contract entered into in accordance with a zero hours arrangement, or

(c) a worker’s contract of a specified description that requires the employer to make some work available to the worker but does not provide on what days and at what times, or in accordance with what pattern of days and times, that work is to be done by the worker.

(3) A shift is also a “ qualifying shift ”, in relation to a worker and an employer, if—

(a) it would be (or would have been) worked, or is being worked, by the worker for the employer under a worker’s contract of a specified description that requires the employer to make some work available to the worker,

(b) the contract provides on what days and at what times, or in accordance with what pattern of days and times, that work, or some of that work, is to be done by the worker, and

(c) no part of the shift corresponds to the time of a shift provided for by the contract as described in paragraph (b) .

(4) Where—

(a) the conditions in subsection (3) (a) and (b) are met in relation to a shift,

(b) all or part of the shift corresponds to the time of a shift (a “guaranteed shift”) provided for by the contract as described in subsection (3) (b) ,

(c) the employer requests or requires, or the worker suggests, that the worker starts earlier, or ends later, than is provided for by the contract (as described in subsection (3) (b) ) in relation to the guaranteed shift, and

(d) the earlier start or later end is to result in an additional number of hours being worked above the number of hours to be worked in the guaranteed shift,

the additional hours are to be treated for the purposes of this Chapter as a separate shift (and accordingly as a “qualifying shift”).

(5) A payment that an employer is required to make under subsection (1) must be made by no later than the specified day.

(6) For the purposes of this Chapter, “ short notice ” means—

(a) in relation to the cancellation of a shift, notice given less than a specified amount of time before the shift would have started (if the shift had not been cancelled);

(b) in relation to the movement of a shift, or the movement and curtailment (at the same time) of a shift, notice given—

(i) less than a specified amount of time before the earlier of when the shift would have started (if the shift had not been moved, or moved and curtailed) and when the shift is due to start (having been moved, or moved and curtailed);

(ii) on or after the start of the shift;

(c) in relation to the curtailment of a shift where there is a change to when the shift is to start (but there is no movement of the shift), notice given less than a specified amount of time before the earlier of—

(i) when the shift would have started (if there had not been the change), and

(ii) when the shift is due to start (the change having been made);

(d) in relation to the curtailment of a shift where there is no change to when the shift is to start, notice given—

(i) less than a specified amount of time before the shift is due to start;

(ii) on or after the start of the shift.

(7) The Secretary of State may by regulations make provision about when notice of the cancellation, movement or curtailment of a shift is to be treated as having been given by an employer to a worker.

(8) For the purposes of this Chapter—

“ employer ”, in relation to an individual and a shift, includes a person by whom the individual would be (or would have been) employed if the individual worked the shift;

“ worker ”, in relation to a shift, includes an individual who would be (or would have been) a worker if the individual worked the shift.

(9) For the purposes of this Chapter, references to the movement of a shift (however expressed)—

(a) are to any change to the time at which the shift is to start that is a change of more than a specified amount of time;

(b) include—

(i) where a shift is in two or more parts, a change of more than a specified amount of time to the time at which the second (or a subsequent) part is to start, and

(ii) a division of a shift into two or more parts where the time between the parts is more than a specified amount of time,

but only if the change or division (as the case may be) results in the shift ending later.

(10) In this Chapter, references to a request to work a shift made by an employer to a worker include a request (a “multi-worker request”) made by the employer to the worker and one or more others in circumstances where the employer does not need the shift to be worked by all of those to whom the request is made.

(11) For the purposes of this Chapter, where an employer has made a multi-worker request to a worker in relation to a shift, references to the cancellation of the shift (however expressed) include the worker not being needed to work the shift because one or more others have agreed to work it.

Regulations under section 27BP : supplementary

(27BQ)

(1) Regulations under section 27BP (1) may not specify an amount to be paid to a worker in relation to the cancellation, movement or curtailment of a shift that exceeds—

(a) where the shift is cancelled, the amount of remuneration to which the worker would have been entitled had they worked the hours that will not be worked because of the cancellation;

(b) where the shift is moved, or moved and curtailed (at the same time), and no part of the shift as moved, or as moved and curtailed, corresponds to the time of the shift (“the original shift”) before it was moved, or moved and curtailed, the amount of remuneration to which the worker would have been entitled had they worked the original shift;

(c) where the shift is moved, or moved and curtailed (at the same time), and part of the shift as moved, or as moved and curtailed, corresponds to the time of the original shift (but part does not), the amount of remuneration to which the worker would have been entitled had they worked the part of the original shift that does not correspond to the shift as moved, or as moved and curtailed;

(d) where the shift is—

(i) curtailed but not moved, or

(ii) moved and curtailed (at the same time) and the shift as moved and curtailed is to start and end within the time of the original shift,

the amount of remuneration to which the worker would have been entitled had they worked the hours that will not be worked because of the curtailment, or the movement and curtailment.

(2) Regulations under section 27BP (1) may, in particular, include provision specifying different amounts depending on the amount of notice that was given of the cancellation, movement or curtailment.

(3) Regulations under section 27BP (2) (c) or (3) (a) may, in particular, specify a description of worker’s contract by reference to—

(a) it being a worker’s contract that entitles a worker to be paid no more than a specified amount;

(b) it being a worker’s contract that requires an employer to make work available to a worker for no more than a specified number of hours.

(4) Regulations under section 27BP (6) may not specify an amount of time that exceeds 7 days.

Exceptions to duty to make payment for a cancelled, moved or curtailed shift

(27BR)

(1) The requirement to make a payment under section 27BP (1) does not apply—

(a) in relation to a shift that would be (or would have been) worked, or is being worked, by a worker as an agency worker (but see Part 3 of Schedule A1 for provision about rights of agency workers to payment for cancelled, moved and curtailed shifts);

(b) in relation to the cancellation, movement or curtailment of a shift that an employer has requested a worker to work, unless the worker reasonably believed, whether on agreeing to work the shift or at some later time before the cancellation, movement or curtailment, that they would be needed to work the shift;

(c) in other specified circumstances.

(2) Where, by virtue of regulations made under subsection (1) (c) , an employer is not required to make a payment to a worker in relation to a shift under section 27BP (1) , the employer must give a notice to the worker that—

(a) states which provision of the regulations has produced the effect that the employer is not required to make the payment, and

(b) explains why the employer was entitled to rely on that provision.

(3) But subsection (2) (b) does not require an employer to disclose—

(a) any information the disclosure of which by the employer would contravene the data protection legislation (but in determining whether a disclosure would do so, the duty imposed by that subsection is to be taken into account);

(b) any information that is commercially sensitive;

(c) any information the disclosure of which by the employer would constitute a breach of a duty of confidentiality owed by the employer to any other person.

(4) In subsection (3) (a) “ the data protection legislation ” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).

(5) The Secretary of State may by regulations make provision about—

(a) the form and manner in which a notice under this section must be given;

(b) the day on or before which it must be given;

(c) when a notice under this section is to be treated as having been given.

(6) The duty in subsection (2) is to be taken not to have applied if—

(a) the employer pays to the worker an amount in relation to a number of hours that is at least equal to the amount of the payment that the employer would have been required to make to the worker under section 27BP (1) in relation to the same number of hours but for regulations made under subsection (1) (c) , and

(b) the payment is made on or before the day on which the payment under section 27BP (1) would have had to be made if the employer had been required to make it.

(7) Subsection (4) of section 27BS applies for the purposes of subsection (6) of this section as it applies for the purposes of subsections (2) and (3) of that section.

Contractual remuneration

(27BS)

(1) The right of a worker to receive a payment from an employer under section 27BP (1) does not affect any right of the worker in relation to remuneration under a worker’s contract entered into between the worker and the employer (“ contractual remuneration ”).

(2) Any contractual remuneration paid to a worker by an employer in relation to a number of hours goes towards discharging any liability of the employer to make a payment to the worker under section 27BP (1) in relation to the same hours.

(3) Any payment made by an employer to a worker under section 27BP (1) in relation to a number of hours goes towards discharging any liability of the employer to pay contractual remuneration to the worker in relation to the same hours.

(4) For the purposes of subsections (2) and (3) , the hours to which a payment under section 27BP (1) relates are—

(a) where a shift has been cancelled, the hours that would have been worked if the shift had not been cancelled;

(b) where a shift has been moved, or moved and curtailed (at the same time), and no part of the shift as moved, or as moved and curtailed, corresponds to the time of the shift (“the original shift”) before it was moved, or moved and curtailed, the hours that would have been worked during the original shift;

(c) where a shift has been moved, or moved and curtailed (at the same time), and part of the shift as moved, or as moved and curtailed, corresponds to the time of the original shift (but part does not), the hours that would have been worked during the part of the original shift that does not correspond to the shift as moved, or as moved and curtailed;

(d) where a shift has been—

(i) curtailed but not moved, or

(ii) moved and curtailed (at the same time) and the shift as moved and curtailed is to start and end within the time of the original shift,

the hours that would have been worked if the shift had not been curtailed, or moved and curtailed.

Complaints to employment tribunal

(27BT)

(1) A worker may present a complaint to an employment tribunal that the worker’s employer—

(a) has failed to make the whole or any part of a payment that the employer is liable to make to the worker under section 27BP (1) ;

(b) has unreasonably failed to give to the worker a notice under section 27BR (2) ;

(c) has given to the worker a notice in purported compliance with section 27BR (2) that—

(i) does not refer to any provision of the regulations;

(ii) does not contain an explanation or contains an explanation that is inadequate or untrue.

(2) An employment tribunal must not consider a complaint under subsection (1) (a) relating to a payment unless it is presented before the end of the period of six months beginning with the day after the day on or before which the payment should have been made (see section 27BP (5) ).

(3) An employment tribunal must not consider a complaint under subsection (1) (b) relating to a notice unless it is presented before the end of the period of six months beginning with the day after the day on or before which the notice should have been given (see section 27BR (5) (b) ).

(4) An employment tribunal must not consider a complaint under subsection (1) (c) relating to a notice unless it is presented before the end of the period of six months beginning with the day after the day on which the notice is given.

(5) But, if the employment tribunal is satisfied that it was not reasonably practicable for a complaint under this section to be presented before the end of the relevant period of six months, the tribunal may consider the complaint if it is presented within such further period as the tribunal considers reasonable.

(6) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (2) to (4) .

Remedies

(27BU)

(1) Where an employment tribunal finds a complaint under section 27BT (1) (a) well-founded, the tribunal must—

(a) make a declaration to that effect, and

(b) order the employer to pay to the worker the amount of the payment under section 27BP (1) which it finds is due to the worker.

(2) Where an employment tribunal finds a complaint under section 27BT (1) (b) or (c) well-founded, the tribunal—

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

(b) may order the employer to make a payment to the worker of such amount, not exceeding the specified amount, as the tribunal considers just and equitable in all the circumstances.

(3) But an employment tribunal may not make an order under subsection (2) (b) relating to a notice given in purported compliance with section 27BR (2) if the tribunal makes an order under subsection (1) (b) relating to the same payment to which the notice related.

(4) In determining—

(a) whether to make an order under subsection (2) (b) , and

(b) if so, how much to order the employer to pay,

an employment tribunal must have regard, in particular, to the seriousness of the matter complained of.

Section 4 Agency workers: guaranteed hours and rights relating to shifts

(1) After section 27BU of the Employment Rights Act 1996 (inserted by section 3 ) insert—

Agency workers: guaranteed hours and rights relating to shifts

Agency workers

(27BV)

(1) In this Part, “ agency worker ” means an individual—

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

(b) who does not do (or is not to do) the work under a worker’s contract with the other person, and

(c) who is not (or is not to be) a party to a contract under which the individual undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the individual.

(2) In this Part—

(a) references to an agency worker include, where the context requires, a former agency worker, and

(b) where that is the case, references in relation to the agency worker to a work-finding agency, and references (however expressed) to a person for and under the supervision and direction of whom the agency worker works, are to be read accordingly.

(3) An individual is an “ agency worker ” for the purposes of this Part—

(a) whether the individual is (or is to be) supplied to work for and under the supervision and direction of another person—

(i) by the work-finding agency referred to in subsection (1) (a) , or

(ii) by a person other than the work-finding agency;

(b) whether the individual is (or is to be) paid, for work done for and under the supervision and direction of another person—

(i) by the work-finding agency referred to in subsection (1) (a) , or

(ii) by a person other than the work-finding agency.

(4) In this Part, “ work-finding agency ” means a person carrying on the business (whether or not with a view to profit and whether or not in conjunction with any other business) of finding, or seeking to find, work for individuals to do for and under the supervision and direction of other persons (but not in the employment of those other persons).

(5) Part 1 of Schedule A1 contains provision about guaranteed hours and agency workers.

(6) Part 2 of Schedule A1 contains provision about rights of agency workers to reasonable notice in relation to shifts.

(7) Part 3 of Schedule A1 contains provision about rights of agency workers to payment for shifts that are cancelled, moved or curtailed at short notice.

(2) Schedule 1 inserts Schedule A1 into the Employment Rights Act 1996.

Section 5 Collective agreements: contracting out

(1) The Employment Rights Act 1996 is amended as follows.

(2) After section 27BV (inserted by section 4 ) insert—

Collective agreements: contracting out

Zero hours workers, etc

(27BW)

(1) This section applies in relation to—

(a) a duty imposed on an employer in respect of a worker, and

(b) a right conferred on a worker in respect of an employer,

by or under any provision of Chapter 2, 3 or 4.

(2) The duty or right is excluded if—

(a) the worker is employed by the employer under a worker’s contract (“the contract”),

(b) a relevant collective agreement contains—

(i) terms that expressly exclude the duty or right, and

(ii) terms that expressly replace the excluded duty or right,

(c) the terms within paragraph (b) (ii) are incorporated into the contract, and

(d) the employer notifies the worker in writing of the incorporation and effect of those terms.

(3) A relevant collective agreement is a collective agreement that is—

(a) in writing, and

(b) made by or on behalf of—

(i) one or more trade unions which each have a certificate of independence, and

(ii) the worker’s employer.

Agency workers

(27BX)

(1) This section applies in relation to—

(a) a duty imposed on a hirer or a work-finding agency in respect of an agency worker, and

(b) a right conferred on an agency worker in respect of a hirer or a work-finding agency,

by or under any provision of Chapter 5 (including Schedule A1 ).

(2) The duty or right is excluded if—

(a) the agency worker is supplied to work for and under the supervision and direction of the hirer by virtue of a worker’s contract (“the contract”) that the agency worker has with another person (“the other party”),

(b) a relevant collective agreement contains—

(i) terms that expressly exclude the duty or right, and

(ii) terms that expressly replace the excluded duty or right,

(c) the terms within paragraph (b) (ii) are incorporated into the contract, and

(d) the other party notifies the agency worker in writing of the incorporation and effect of those terms.

(3) A relevant collective agreement is a collective agreement that is—

(a) in writing, and

(b) made by or on behalf of—

(i) one or more trade unions which each have a certificate of independence, and

(ii) the other party.

Supplementary provision

(27BY)

(1) For the purposes of sections 27BW and 27BX , it does not matter whether—

(a) terms in a collective agreement that expressly replace a duty or right relate to the same subject matter as the duty or right, or

(b) a collective agreement ceases to be in force after the terms mentioned in section 27BW (2) (b) (ii) or 27BX (2) (b) (ii) are incorporated into the contract (within the meaning of section 27BW or 27BX , as the case may be), provided the terms continue to be incorporated.

(2) Where the duty to make a guaranteed hours offer under Chapter 2 or 5 is excluded by virtue of terms that are incorporated into a contract with a worker or, as the case may be, an agency worker, as mentioned in section 27BW (2) (c) or 27BX (2) (c) , during the offer period, the duty ceases to apply.

(3) Where—

(a) the duty to make a guaranteed hours offer under Chapter 2 or 5 is excluded by virtue of terms that are incorporated into a contract with a worker or, as the case may be, an agency worker, as mentioned in section 27BW (2) (c) or 27BX (2) (c) ,

(b) a guaranteed hours offer has already been made in compliance with the duty, and

(c) the worker or agency worker has not accepted the offer,

the person who made the offer may withdraw it during the response period by giving a notice to the worker or agency worker.

(4) The notice must include a statement to the effect that the offer is withdrawn in consequence of the exclusion of the duty to make a guaranteed hours offer as a result of the incorporation into the worker’s or agency worker’s contract, as mentioned in section 27BW (2) (c) or 27BX (2) (c) , of terms contained in a collective agreement that expressly replace that duty.

(5) A worker or an agency worker to whom a notice is given in reliance on subsection (3) may present a complaint to an employment tribunal that subsection (3) did not permit the notice to be given.

(6) Where a complaint is presented under subsection (5) —

(a) by a worker, sections 27BH and 27BI apply in relation to the complaint as they apply in relation to a complaint under section 27BG (7) (b) ;

(b) by an agency worker, paragraphs 10 and 11 of Schedule A1 apply in relation to the complaint as they apply in relation to a complaint under paragraph 8 (7) (b) of that Schedule.

(7) Subsection (8) applies where—

(a) the duty to make a guaranteed hours offer under Chapter 2 or 5 is excluded by virtue of terms that are incorporated into a contract with a worker or, as the case may be, an agency worker, as mentioned in section 27BW (2) (c) or 27BX (2) (c) , and

(b) the duty ceases to be excluded as a result of the terms ceasing to be incorporated into the contract (including where the contract ceases to be in force).

(8) In applying Chapter 2 or 5 for the purposes of the duty after it has ceased to be excluded—

(a) in any case where there was a reference period in relation to the duty as it had effect before being excluded, that reference period is to be disregarded;

(b) in relation to a worker and the worker’s employer—

(i) section 27BA (5) (a) has effect as if for sub-paragraphs (i) and (ii) there were substituted—

(i) where the worker is employed by the employer on the day (“the effective day”) after the day on which terms cease to be incorporated as mentioned in section 27BY (7) (b) , the effective day, or

(ii) where the worker is not so employed, the first day after the effective day on which the worker is employed by the employer, and

(ii) section 27BF (3) has effect as if for paragraphs (a) and (b) there were substituted—

(a) where the worker is employed by the employer on the day (“the effective day”) after the day on which terms cease to be incorporated as mentioned in section 27BY (7) (b) , the effective day, or

(b) where the worker is not so employed, the first day after the effective day on which the worker is employed by the employer.

(c) in relation to an agency worker and a hirer for and under the supervision and direction of whom the agency worker works, paragraph 1 (5) (a) of Schedule A1 has effect as if for sub-paragraphs (i) and (ii) there were substituted—

(i) where the agency worker is working for and under the supervision and direction of the hirer on the day (“the effective day”) after the day on which terms cease to be incorporated as mentioned in section 27BY (7) (b) , the effective day, or

(ii) where the agency worker is not so working, the first day after the effective day on which the agency worker is working for and under the supervision and direction of the hirer, and

(d) in relation to an agency worker and the 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 a hirer, paragraph 7 (3) of Schedule A1 has effect as if for paragraphs (a) and (b) there were substituted—

(a) where the worker’s contract or arrangement is in force on the day (“the effective day”) after the day on which terms cease to be incorporated as mentioned in section 27BY (7) (b) , the effective day, or

(b) where it is not in force on the effective day, the first day after the effective day on which it is in force.

Regulations

(27BZ)

(1) The Secretary of State may by regulations make further provision for the purposes of section 27BW or 27BX .

(2) The regulations may, in particular, make provision about—

(a) the effect on a duty in Chapters 2 to 5 of terms being or ceasing to be incorporated as mentioned in section 27BW (2) (c) or 27BX (2) (c) ,

(b) the form and manner in which a notice under section 27BY (3) is to be given, and

(c) when a notice under section 27BY (3) is to be treated as having been given.

Interpretation

(27BZ1)

(1) Terms used in this Chapter that are used in—

(a) Chapters 2 to 4 (rights relating to zero hours workers, etc), or

(b) Chapter 5 (including Schedule A1 ) (rights relating to agency workers),

have the same meaning as in those Chapters or that Chapter (including that Schedule).

(2) In this Chapter, “ certificate of independence ” means a certificate issued under section 6 of the Trade Union and Labour Relations (Consolidation) Act 1992.

(3) In section 203 (restrictions on contracting out), in subsection (2), before paragraph (a) insert—

(za) does not apply to terms of a collective agreement or contract that exclude a duty or right by virtue of provision made by or under Chapter 6 of Part 2A,

Section 6 Amendments relating to sections 1 to 5

(1) After section 27BZ1 of the Employment Rights Act 1996 (inserted by section 5 ) insert—

General

Interpretation

(27BZ2)

(1) In this Part—

“ agency worker ” has the meaning given by section 27BV ;

“ arrangement ” (when used by itself and not as part of the expression “zero hours arrangement”) means an arrangement (whether contractual or non-contractual) other than a worker’s contract;

“ specified ” means specified in, or determined in accordance with, regulations made by the Secretary of State;

“ work-finding agency ” has the meaning given by section 27BV ;

“ zero hours arrangement ” means an arrangement under which—

an employer and an individual agree terms on which the individual will do any work where the employer makes it available to the individual and the individual agrees to do it, but

the employer is not required to make any work available to the individual, nor the individual required to accept it,

and in this Part “ employer ”, in relation to a zero hours arrangement, is to be read accordingly;

“ zero hours contract ” means a contract of employment or other worker’s contract under which—

the undertaking to do work is an undertaking to do so conditionally on the employer making work available to the worker, and

there is no certainty that any such work will be made available to the worker.

(2) For the purposes of this Part—

(a) a person who is, or is treated as, an employer makes work available to a worker or other individual if they request or require the individual to do it;

(b) references to work and doing work include references to services and performing them.

Regulations

(27BZ3)

(1) Regulations under this Part may—

(a) make different provision for different purposes;

(b) make provision subject to exceptions.

(2) Regulations under this Part may provide that a reference in the regulations to a provision of legislation is to be read as a reference to that provision as amended from time to time.

(2) Schedule 2 contains consequential amendments relating to sections 1 to 5 .

Section 7 Repeal of Workers (Predictable Terms and Conditions) Act 2023

The Workers (Predictable Terms and Conditions) Act 2023 is repealed.

Section 8 Exclusivity terms in zero hours arrangements

(1) Section 27B of the Employment Rights Act 1996 (power to make further provision in relation to zero hours workers) is amended as follows.

(2) In subsection (1), for “their contracts or arrangements” substitute “their worker’s contracts or their arrangements” .

(3) In subsection (2)(b), omit “non-contractual”.

(4) In subsection (4)—

(a) in the words before paragraph (a)—

(i) omit “non-contractual”;

(ii) after “arrangement”, in the second place it occurs, insert “(whether contractual or non-contractual)” ;

(b) in the words after paragraph (b), omit “non-contractual”.

(5) In subsection (5)(a)(ii), omit “non-contractual”.

(6) In subsection (6)—

(a) after “provision for” insert

—

(a) ; b after “does not apply” insert—

(b) exclusivity terms in prescribed categories of zero hours arrangements that are contractual arrangements to be unenforceable

(c) at the end of the subsection insert “or (as the case may be) an individual is restricted from doing any work otherwise than under a worker’s contract entered into in accordance with the zero hours arrangement.”

Section 9 Right to request flexible working

(1) Part 8A of the Employment Rights Act 1996 (flexible working) is amended in accordance with subsections (2) to (6) .

(2) Section 80G (employer’s duties in relation to application for change to working hours, etc) is amended in accordance with subsections (3) to (5) .

(3) In subsection (1), for paragraph (b) substitute—

(b) may refuse the application only if—

(i) the employer considers that the application should be refused on a ground or grounds listed in subsection (1ZA), and

(ii) it is reasonable for the employer to refuse the application on that ground or those grounds.

(1ZA) The grounds mentioned in subsection (1)(b) are—

(a) the burden of additional costs;

(b) detrimental effect on ability to meet customer demand;

(c) inability to re-organise work among existing staff;

(d) inability to recruit additional staff;

(e) detrimental impact on quality;

(f) detrimental impact on performance;

(g) insufficiency of work during the periods the employee proposes to work;

(h) planned structural changes;

(i) any other grounds specified by the Secretary of State in regulations.

(4) After subsection (1ZA) insert—

(1ZB) If an employer refuses an application under section 80F, the notification under subsection (1)(aa) must—

(a) state the ground or grounds for refusing the application, and

(b) explain why the employer considers that it is reasonable to refuse the application on that ground or those grounds.

(5) After subsection (1D) insert—

(1E) The steps which an employer must take in order to comply with subsection (1)(aza) include, among others, any steps specified in regulations made by the Secretary of State.

(6) In section 80H (complaints to employment tribunals), in subsection (1)(a), for “comply with” substitute “act in accordance with” .

(7) In section 202 of the Employment Rights Act 1996 (national security), in subsection (2), after paragraph (e) insert—

(eza) Part 8A,

Section 10 Statutory sick pay in Great Britain: removal of waiting period

(1) Part 11 of the Social Security Contributions and Benefits Act 1992 (statutory sick pay) is amended as follows.

(2) In section 151 (1) (employer’s liability), for “sections 152 to 154” substitute “sections 153 and 154” .

(3) In section 152 (period of incapacity for work)—

(a) omit subsection (1) ;

(b) in subsection (2) , for the words from “any” to “is” substitute “a period of one day which is, or of two or more consecutive days each of which is,” .

(4) In section 153 (1) (period of entitlement), for “second” substitute “first” .

(5) In section 154 (1) (qualifying days), for “third” substitute “second” .

(6) In section 155 (limitations on entitlement), omit subsection (1) .

(7) In section 156 (2) (notification of incapacity for work), omit paragraph (b) (and the “or” at the end of paragraph (a)).

Section 11 Statutory sick pay in Great Britain: lower earnings limit etc

(1) Part 11 of the Social Security Contributions and Benefits Act 1992 (statutory sick pay) is amended as follows.

(2) In section 157 (rates of payment), for subsection (1) substitute—

(1) The weekly rate of statutory sick pay that an employer must pay to an employee is the lower of—

(a) £118.75, and

(b) 80% of the employee’s normal weekly earnings.

(3) In Schedule 11 (circumstances in which periods of entitlement to statutory sick pay do not arise), in paragraph 2, omit paragraph (c) (lower earnings limit).

Section 12 Statutory sick pay in Northern Ireland: removal of waiting period

(1) Part 11 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (statutory sick pay) is amended as follows.

(2) In section 147 (1) (employer’s liability), for “sections 148 to 150” substitute “sections 149 and 150” .

(3) In section 148 (period of incapacity for work)—

(a) omit subsection (1) ;

(b) in subsection (2) , for the words from “any” to “is” substitute “a period of one day which is, or of two or more consecutive days each of which is,” .

(4) In section 149 (1) (period of entitlement), for “second” substitute “first” .

(5) In section 150 (1) (qualifying days), for “third” substitute “second” .

(6) In section 151 (limitations on entitlement), omit subsection (1) .

(7) In section 152 (2) (notification of incapacity for work), omit paragraph (b) (and the “or” at the end of paragraph (a)).

Section 13 Statutory sick pay in Northern Ireland: lower earnings limit etc

(1) Part 11 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (statutory sick pay) is amended as follows.

(2) In section 153 (rate of payment), for subsection (1) substitute—

(1) The weekly rate of statutory sick pay that an employer must pay to an employee is the lower of—

(a) £118.75, and

(b) 80% of the employee’s normal weekly earnings.

(3) In Schedule 11 (circumstances in which periods of entitlement to statutory sick pay do not arise), in paragraph 2, omit paragraph (c) (lower earnings limit).

Section 14 Policy about allocating tips etc: consultation and review

(1) Section 27I of the Employment Rights Act 1996 (written policy about allocation of tips etc) is amended as follows.

(2) After subsection (2) insert—

(2A) Before producing the first version of the written policy for a place of business, an employer must consult—

(a) representatives of an independent trade union recognised by the employer in respect of workers who are likely to be affected by the policy, or representatives appointed or elected by those workers and having authority to receive information and to be consulted about the policy on behalf of those workers, or

(b) if there are no such trade union or worker representatives, workers who are likely to be affected by the policy.

(3) After subsection (3) insert—

(3A) Where an employer makes a written policy available to workers at a place of business under this section, the employer must review the policy from time to time.

(3B) A review must be carried out—

(a) at least once during the period of three years beginning with the first day on which the first version of the policy is made available (including where that day precedes the coming into force of this subsection), and

(b) after that, no more than three years after the completion of the previous review.

(3C) An employer must consult persons as described in subsection (2A) as part of every review of the written policy.

(4) After subsection (6) insert—

(7) An employer who has carried out a consultation required by this section in relation to a written policy for a place of business must make a summary of the views expressed in the consultation available in anonymised form to all workers of the employer at the place of business.

(8) In this section “ recognised ”, in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act).

Section 15 Parental leave: removal of qualifying period of employment

In section 76 of the Employment Rights Act 1996 (entitlement to parental leave), in subsection (1), omit paragraph (a) (and the “and” after it).

Section 16 Paternity leave: removal of qualifying period of employment

(1) In section 80A of the Employment Rights Act 1996 (entitlement to paternity leave: birth)—

(a) in subsection (1), omit paragraph (a);

(b) in subsection (6A), omit paragraph (a).

(2) In section 80B of that Act (entitlement to paternity leave: adoption)—

(a) in subsection (1), omit paragraph (a);

(b) in subsection (6C), omit paragraph (a).

Section 17 Ability to take paternity leave following shared parental leave

(1) In section 80A of the Employment Rights Act 1996 (entitlement to paternity leave: birth)—

(a) omit subsection (4A);

(b) in subsection (6A), omit paragraph (c).

(2) In section 80B of that Act (entitlement to paternity leave: adoption)—

(a) omit subsection (4A);

(b) in subsection (6C), omit paragraph (c).

(3) In section 171ZE of the Social Security Contributions and Benefits Act 1992 (rate and period of statutory paternity pay), in subsection (3A), omit paragraph (b) (and the “or” before it).

(4) In consequence of the amendments made by subsections (1)(a) and (2)(a), in section 118 of the Children and Families Act 2014, omit subsections (6) and (7).

Section 18 Bereavement leave

(1) The Employment Rights Act 1996 is amended in accordance with subsections (2) to (11) .

(2) In Chapter 4 of Part 8 , in the heading, for “Parental bereavement leave” substitute “Bereavement leave” .

(3) In section 80EA (parental bereavement leave)—

(a) in subsection (1) , for “bereaved parent” substitute “bereaved person” ;

(b) for subsection (2) substitute—

(2) For the purposes of subsection (1) an employee is a “bereaved person” if the employee satisfies specified conditions as to relationship with a person who has died.

(c) in subsection (3) , for “The conditions” substitute “In a case where the person who has died is a child, the conditions” ;

(d) after subsection (3) insert—

(3A) For the purposes of subsection (1) an employee is also a “bereaved person” if—

(a) the employee has suffered a pregnancy loss of a specified kind, or

(b) the employee satisfies specified conditions as to relationship with—

(i) a person who has suffered a pregnancy loss of a specified kind, or

(ii) a child who had been expected to be born had a pregnancy loss of a specified kind not occurred.

(e) in subsection (4) (a) , omit “in respect of a child”;

(f) in subsection (5) , before “a child” insert “the death of” ;

(g) after subsection (5) insert—

(5A) Provision under subsection (4)(a) must secure that, where an employee is entitled to leave under this section otherwise than in respect of the death of a child, the employee is entitled to at least one week’s leave.

(h) in subsection (6) , for “the date of the child’s death” substitute “the specified day” ;

(i) for subsection (7) substitute—

(7) The regulations must secure that, where an employee is eligible under subsection (1) as the result of the death of more than one person, the employee is entitled to leave in respect of each person.

(j) in subsection (9) —

(i) in the definition of “child”, after “stillbirths” insert “after twenty-four weeks of pregnancy” ;

(ii) after the definition of “child” insert—

“ live birth ” means the birth of a child born alive;

“ pregnancy loss ” means—

the ending of a pregnancy after less than twenty-four weeks of pregnancy in any way other than by a live birth, or

the failure of an embryo to become implanted following a transfer carried out in the course of providing treatment services within the meaning of the Human Fertilisation and Embryology Act 1990 ;

“ specified ” means specified in the regulations;

(k) in the heading, for “Parental bereavement” substitute “Bereavement” .

(4) In section 47C (rights not to suffer detriment: leave for family and domestic reasons), in subsection (2) (cb) , omit “parental”.

(5) In section 75I (rights during and after shared parental leave), in subsection (3) (f) , omit “parental”.

(6) In section 80C (rights during and after paternity leave), in subsections (2) (bb) and (4) (bb) , omit “parental”.

(7) In section 80EG (rights during and after neonatal care leave), in subsection (2) (f) , omit “parental”.

(8) In section 88 (termination of employment: employments with normal working hours)—

(a) in subsection (1) (c) , for “parental bereavement leave,” substitute “bereavement leave,” ;

(b) in subsection (2) , for “parental bereavement pay”, in the first place it occurs, substitute “bereavement pay” .

(9) In section 89 (termination of employment: employments without normal working hours)—

(a) in subsection (3) (b) , for “parental bereavement leave,” substitute “bereavement leave,” ;

(b) in subsection (4) , for “parental bereavement pay”, in the first place it occurs, substitute “bereavement pay” .

(10) In section 99 (unfair dismissal: leave for family reasons), in subsection (3) (cb) , omit “parental”.

(11) In section 235 (1) (other definitions)—

(a) before the definition of “business” insert—

“ bereavement leave ” means leave under section 80EA;

(b) omit the definition of “parental bereavement leave”.

(12) In Schedule 5 to the Income Tax (Earnings and Pensions) Act 2003 (enterprise management incentives), in paragraph 26 (3) (b) , for “parental bereavement leave” substitute “bereavement leave” .

(13) In the Income Tax Act 2007 —

(a) in section 186A (enterprise investment schemes: the number of employees requirement), in subsection (4) (b) (i) , for “parental bereavement” substitute “bereavement” ;

(b) in section 257DJ (seed enterprise investment schemes: the number of employees requirement), in subsection (4) (b) (i) , for “parental bereavement” substitute “bereavement” ;

(c) in section 257MH (tax relief for social investments: the number of employees requirement), in subsection (4) (b) (i) , for “parental bereavement” substitute “bereavement” ;

(d) in section 297A (venture capital trusts: the number of employees requirement), in subsection (4) (b) (i) , for “parental bereavement” substitute “bereavement” .

(14) In the Schedule to the Parental Bereavement (Leave and Pay) Act 2018 , omit paragraphs 25 (2) , 26 (2) and 28 (a) .

Section 19 Review of extent of right to time off for public duties

(1) The Secretary of State must, before the end of the relevant period—

(a) review the purposes for which employers are required to permit their employees to take time off in accordance with section 50 of the Employment Rights Act 1996 (right to time off for public duties), and

(b) publish a report setting out the findings of the review.

(2) In carrying out the review, the Secretary of State must, in particular, consider whether employers should be required to permit their employees to take time off in accordance with that section for the purposes of performing the functions of a special constable.

(3) In this section—

“ the relevant period ” means the period of 12 months beginning with the day on which this Act is passed;

“ special constable ” means—

a person appointed as a special constable for a police area in England and Wales,

a person appointed as a special constable under section 25 of the Railways and Transport Safety Act 2003 (special constables of the British Transport Police Force), or

a person appointed as a special constable under section 9 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) (special constables of the Police Service of Scotland).

Section 20 Employers to take all reasonable steps to prevent sexual harassment

In section 40A of the Equality Act 2010 (employer duty to prevent sexual harassment of employees), in subsection (1), before “reasonable steps” insert “all” .

Section 21 Harassment by third parties

In section 40 of the Equality Act 2010 (employees and applicants: harassment), after subsection (1) insert—

(1A) An employer (A) must not permit a third party to harass a person (B) who is an employee of A.

(1B) For the purposes of subsection (1A), A permits a third party to harass B only if—

(a) the third party harasses B in the course of B’s employment by A, and

(b) A failed to take all reasonable steps to prevent the third party from doing so.

(1C) In this section “ third party ” means a person other than—

(a) A, or

(b) an employee of A.

Section 22 Sexual harassment: power to make provision about “reasonable steps”

(1) The Equality Act 2010 is amended as follows.

(2) In Part 5 (work), in Chapter 1 (employment, etc), after section 40A insert—

Prevention of sexual harassment: power to specify “reasonable steps”

(40B)

(1) Regulations may specify steps that are to be regarded as “reasonable” for the purpose of determining whether, for the purposes of this Act, an employer (A) has taken, or failed to take, all reasonable steps to prevent sexual harassment of an employee of A (see, in particular, sections 40 and 40A and section 109).

(2) The steps that may be specified in regulations under this section include, among others—

(a) carrying out assessments of a specified description;

(b) publishing plans or policies of a specified description;

(c) steps relating to the reporting of sexual harassment;

(d) steps relating to the handling of complaints.

(3) Regulations under this section that specify any steps may require an employer to have regard to specified matters when taking those steps.

(4) In this section—

“ sexual harassment ” means harassment of the kind described in section 26(2) (unwanted conduct of a sexual nature);

“ specified ” means specified in the regulations.

(3) In Part 16 (general and miscellaneous), in section 208(5) (regulations subject to affirmative procedure), after paragraph (a) insert—

(aa) regulations under section 40B (prevention of sexual harassment: power to specify “reasonable steps”);

Section 23 Protection of disclosures relating to sexual harassment

(1) Part 4A of the Employment Rights Act 1996 (protected disclosures) is amended as follows.

(2) In section 43B (disclosures qualifying for protection), in subsection (1) , after paragraph (d) insert—

(da) that sexual harassment has occurred, is occurring or is likely to occur,

(3) In section 43L (1) (other interpretative provisions), after the definition of “the relevant failure” insert—

“ sexual harassment ” means harassment of the kind described in section 26 (2) of the Equality Act 2010 (unwanted conduct of a sexual nature).

Section 24 Contractual duties of confidentiality relating to harassment and discrimination

(1) The Employment Rights Act 1996 is amended as follows.

(2) After section 202 insert—

Harassment and discrimination: contractual duties of confidentiality

Contractual duties of confidentiality relating to harassment and discrimination

(202A)

(1) Any provision in an agreement between an employer and a worker of the employer (whether a worker’s contract or not) is void in so far as it purports to preclude the worker from making—

(a) an allegation of, or a disclosure of information relating to, relevant harassment or discrimination, or

(b) an allegation, or a disclosure of information, relating to the response of an employer of the worker to—

(i) relevant harassment or discrimination, or

(ii) the making of an allegation or disclosure within paragraph (a).

(2) Harassment or discrimination is “ relevant ” for the purposes of subsection (1) if—

(a) the harassment or discrimination consists of, or is alleged to consist of, conduct engaged in by—

(i) an employer of the worker, or

(ii) another worker of such an employer, or

(b) the person who is, or is alleged to be, the victim of the harassment or discrimination is—

(i) the worker, or

(ii) another worker of an employer of the worker.

(3) Subsection (1) does not apply to provision in an agreement (an “excepted agreement”) that satisfies such conditions as the Secretary of State may specify by regulations.

(4) But the Secretary of State may by regulations provide that any provision in an excepted agreement is void in so far as it purports to preclude the worker from making an allegation or disclosure within subsection (1)(a) or (b)—

(a) to a specified description of person;

(b) for a specified purpose;

(c) in specified circumstances.

(5) The Secretary of State may by regulations—

(a) provide for this section to have effect as if references to a worker included a specified description of individual who is not a worker as defined by section 230(3) but who—

(i) works or worked, or is or was provided with work experience or training, in specified circumstances, or

(ii) has entered into, or works or worked under, a relevant contract of a specified description;

(b) make provision as to who is to be regarded as an employer of such an individual for the purposes of this section.

(6) In subsection (5), “ relevant contract ” means any contract, other than a contract of employment, whether express or implied and (if express) whether oral or in writing, by which an individual undertakes to do or perform (whether personally or otherwise) any work or services for another party to the contract whose status is by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual.

(7) Regulations under this section may—

(a) make different provision for different purposes;

(b) make consequential provision.

(8) For the purposes of this section, the holding, otherwise than under a contract of employment, of the office of constable or an appointment as a police cadet is to be treated as employment by the relevant officer under a contract of employment.

“ The relevant officer ” has the meaning given by section 43KA(2).

(9) Nothing in this section affects the operation of any other enactment or rule of law by virtue of which provision in an agreement may be void.

(10) In this section—

“ discrimination ” means discrimination within any of sections 13, 15 to 19A and 21(2) of the Equality Act 2010;

“ harassment ” means harassment of the kind described in subsection (1) , (2) or (3) of section 26 of that Act;

“ specified ” means specified in the regulations.

(3) In section 192 (2) (provisions of Act which have effect in relation to armed forces)—

(a) omit the “and” at the end of paragraph (e) ;

(b) for paragraph (f) substitute—

(f) this Part, apart from section 202A, and

(g) Parts 14 and 15.

(4) In section 193 (provisions of Act which do not apply in relation to the security services), for “section 47B” substitute “sections 47B and 202A” .

(5) In section 236 (3) (regulations subject to affirmative procedure), after “125(7)” insert “, 202A” .

Section 25 Right not to be unfairly dismissed: qualifying period and compensation

(1) Part 10 of the Employment Rights Act 1996 (unfair dismissal) is amended in accordance with subsections (2) and (3) .

(2) In section 108 (qualifying period of employment)—

(a) in subsection (1), for “two years” substitute “six months” ;

(b) in subsection (2), for ““two years”” substitute ““six months”” .

(3) Omit section 124 (limit of compensatory award etc).

(4) In section 209 of that Act (powers to amend Act), in subsection (5), omit “108(1),”.

(5) Schedule 3 contains minor and consequential amendments relating to this section.

Section 26 Dismissal during pregnancy

(1) Part 5B of the Employment Rights Act 1996 (redundancy during a protected period of pregnancy) is amended as follows.

(2) Section 49D (redundancy during a protected period of pregnancy) is amended in accordance with subsections (3) to (5) .

(3) In the heading, after “Redundancy” insert “or dismissal” .

(4) After subsection (1) insert—

(1A) The Secretary of State may, by regulations, make provision about dismissal (other than by reason of redundancy) during, or after, a protected period of pregnancy.

(5) In subsection (3), after “subsection (1)” insert “or (1A) ” .

(6) After section 49D insert—

Section 49D: supplemental

(49E) Regulations under section 49D may—

(a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers;

(b) make provision for the consequences of failure to give notices, to produce evidence or to comply with other procedural requirements;

(c) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);

(d) make special provision for cases where an employee has a right which corresponds to a right under section 49D and which arises under a contract of employment or otherwise;

(e) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work during, or after, a protected period of pregnancy;

(f) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to a person during, or after, a protected period of pregnancy;

(g) make different provision for different cases or circumstances.

(7) In the heading of Part 5B, after “Redundancy” insert “or dismissal” .

Section 27 Dismissal following period of statutory family leave

(1) Part 8 of the Employment Rights Act 1996 (leave for family reasons) is amended as follows.

(2) In section 74 (maternity leave: redundancy and dismissal), in subsection (2), after “during” insert “, or after,” .

(3) In section 75C (adoption leave: redundancy and dismissal), in subsection (1)(b), after “during” insert “, or after,” .

(4) In section 75J (shared parental leave: redundancy and dismissal), in subsection (1)(b), after “during” insert “, or after,” .

(5) In section 80D (paternity leave: special cases)—

(a) in subsection (1A)(b), after “bereaved employee” insert “, or dismissal of a bereaved employee (other than by reason of redundancy),” ;

(b) in subsection (3)(b), for the words from “where” to the end substitute “where the relevant person dies.

In paragraph (b) “ the relevant person ” means the person by reference to whom the employee satisfied the conditions specified by virtue of subsection (1)(c) of that section so as to entitle the employee to that leave.

(6) In section 80EH (neonatal care leave: special cases), in subsection (1)(b), after “during” insert “or after” .

Section 28 Dismissal for failing to agree to variation of contract, etc

(1) The Employment Rights Act 1996 is amended as follows.

(2) Part 10 (unfair dismissal) is amended in accordance with subsections (3) to (5) .

(3) Before section 105 insert—

Contracts of employment: restricted variations

(104I)

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

(a) the employee was employed for the purposes of a business carried on by the employer, and

(b) the reason (or, if more than one, the principal reason) for the dismissal is a reason within subsection (2) or (3) .

(2) The reason within this subsection is that—

(a) the employer sought to vary the employee’s contract of employment to make a restricted variation (see subsection (5) ), and

(b) the employee—

(i) did not agree to the restricted variation, or

(ii) where the employer sought to make more than one variation, did not agree to a number of variations that included the restricted variation.

(3) The reason within this subsection is to enable the employer to employ another person, or to re-engage the employee, under a varied contract of employment to carry out the same duties, or substantially the same duties, as the employee carried out before being dismissed.

(4) For the purposes of subsection (3) , a contract of employment is a “varied” contract of employment if—

(a) the terms of the contract are not the same as the terms of the contract of employment under which the employee worked before being dismissed, and

(b) one or more of the differences between the two sets of terms constitutes a restricted variation (see subsection (5) );

and, in a case where subsection (3) applies, any reference in this section to the restricted variation is to be read accordingly.

(5) In this section “ restricted variation ” means any of the following—

(a) a reduction of, or removal of an entitlement to, any sum payable to an employee in connection with the employment (but see subsection (6) );

(b) where the amount of any sum payable to an employee in connection with the employment is determined by reference to a measure of the amount of work done by the employee (including a measure referable to results achieved by the employee), a variation of that measure;

(c) a variation of any term or condition relating to pensions or pension schemes;

(d) a variation of the number of hours which an employee is required to work;

(e) a variation of the timing or duration of a shift which meets such conditions as may be specified in regulations made by the Secretary of State;

(f) a reduction in the amount of time off which an employee is entitled to take;

(g) a variation of a description specified in regulations made by the Secretary of State;

(h) the inclusion in a contract of employment of a term enabling the employer to make any variation within any of the preceding paragraphs without the employee’s agreement.

(6) The Secretary of State may by regulations provide that a reference in subsection (5) to a sum payable to an employee in connection with the employment does not include a reference to—

(a) a sum payable in respect of—

(i) any expenses incurred by an employee;

(ii) any expenses of a specified description incurred by an employee;

(iii) any expenses incurred by an employee other than expenses of a specified description;

(b) a payment or benefit in kind, a payment or benefit in kind of a specified description, or a payment or benefit in kind other than one of a specified description.

In this subsection “ specified ” means specified in the regulations.

(7) Subsection (1) does not apply in relation to an employee if on the effective date of termination the employee has not yet started work.

(8) In the case of an employer that is not a local authority, subsection (1) does not apply in relation to an employee if the employer shows that—

(a) the reason for the restricted variation was to eliminate, prevent or significantly reduce, or significantly mitigate the effect of, any financial difficulties which at the time of the dismissal were affecting, or were likely in the immediate future to affect—

(i) the employer’s ability to carry on the business as a going concern, or

(ii) where the employer is a public sector employer, the financial sustainability of carrying out the employer’s statutory functions, and

(b) in all the circumstances the employer could not reasonably have avoided the need to make the restricted variation.

(9) In the case of an employer that is a local authority, subsection (1) does not apply in relation to an employee if—

(a) at the time of the dismissal, a relevant intervention direction has effect in relation to the authority,

(b) the relevant intervention direction—

(i) specifies that the reason, or one of the reasons, for the giving of the direction is that the authority is undergoing financial difficulties, and

(ii) contains provision relating to the financial management or financial governance of the authority, and

(c) the authority shows that—

(i) the reason for the restricted variation was to eliminate or significantly reduce, or significantly mitigate the effect of, any of the financial difficulties referred to in paragraph (b) (i) , and

(ii) in all the circumstances the authority could not reasonably have avoided the need to make the restricted variation.

(10) In determining whether—

(a) in the case of a public sector employer (other than a local authority), subsection (8) (b) is met, or

(b) in the case of a local authority, subsection (9) (c) (ii) is met,

an employment tribunal must apply the same principles as would be applied by a court on an application for judicial review.

(11) Where the employer shows that the conditions in paragraphs (a) and (b) of subsection (8) are met, or (where the employer is a local authority) the conditions in paragraphs (a) , (b) and (c) of subsection (9) are met, the matters that must be considered in determining the question whether the dismissal is fair or unfair include the following—

(a) any consultation carried out by the employer with the employee about varying the employee’s contract of employment;

(b) if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union;

(c) if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee’s behalf;

(d) anything offered to the employee by the employer in return for agreeing to the restricted variation;

(e) any matters specified for the purposes of this subsection in regulations made by the Secretary of State.

(12) In this section—

“ English local authority ” means—

a county council or district council in England;

a London borough council;

the Greater London Authority;

the Council of the Isles of Scilly;

the Common Council of the City of London in its capacity as a local authority, a police authority or a port health authority;

a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

“ local authority ” means—

an English local authority,

a Welsh local authority, or

a Scottish local authority;

“ public sector employer ” means a person that—

is wholly or mainly funded from public funds,

is under a statutory duty to carry out any functions of a public nature, and

so far as carrying out those functions, does not operate on a commercial basis;

“ recognised ”, in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act);

“ relevant intervention direction ” means—

in the case of an English local authority, a direction under section 15(5) or (6)(a) of the Local Government Act 1999 (powers to deal with failure to comply with duties relating to best value authorities);

in the case of a Welsh local authority, a direction under section 106 or 107 of the Local Government and Elections (Wales) Act 2021 (asc 1) (intervention powers of Welsh Ministers);

in the case of a Scottish local authority, an enforcement direction under section 24 of the Local Government in Scotland Act 2003 (asp 1) relating wholly or partly to a failure of the authority to comply with its duties under section 1 of that Act (local authorities’ duty to secure best value);

“ Scottish local authority ” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

“ statutory duty ” means a duty imposed by or under any enactment, including—

a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, and

an Act of the Scottish Parliament;

“ statutory functions ”, in relation to a public sector employer, means functions of a public nature which the employer is under a statutory duty to carry out;

“ Welsh local authority ” means—

a county council or county borough council in Wales;

a corporate joint committee established under Part 5 of the Local Government and Elections (Wales) Act 2021.

(13) The reference in subsection (9) (a) to a relevant intervention direction includes a relevant intervention direction given before the day on which the Employment Rights Act 2025 was passed.

Contracts of employment: variations that are not restricted variations

(104J)

(1) This section applies to the dismissal of an employee if—

(a) the employee was employed for the purposes of a business carried on by the employer, and

(b) the reason (or, if more than one, the principal reason) for the dismissal is a reason within subsection (2) or (3) .

(2) The reason within this subsection is that—

(a) the employer sought to vary the employee’s contract of employment,

(b) the variation was not a restricted variation or, where the employer sought to make more than one variation, none of the variations was a restricted variation, and

(c) the employee did not agree to the variation.

(3) The reason within this subsection is to enable the employer to employ another person, or to re-engage the employee, under a varied contract of employment to carry out the same duties, or substantially the same duties, as the employee carried out before being dismissed.

(4) For the purposes of subsection (3) , a contract of employment is a “varied” contract of employment if—

(a) the terms of the contract are not the same as the terms of the contract of employment under which the employee worked before being dismissed, and

(b) none of the differences between the two sets of terms constitutes a restricted variation;

and, in a case where subsection (3) applies, any reference in this section to the variation is to be read accordingly.

(5) The matters that must be considered in determining the question whether the dismissal is fair or unfair include the following—

(a) the reason for the variation;

(b) any consultation carried out by the employer with the employee about varying the employee’s contract of employment;

(c) if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union;

(d) if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee’s behalf;

(e) anything offered to the employee by the employer in return for agreeing to the variation;

(f) any matters specified for the purposes of this subsection in regulations made by the Secretary of State.

(6) In this section—

“ recognised ”, in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act);

“ restricted variation ” has the same meaning as in section 104I .

Redundancy: replacement of employees with people who are not employees

(104K)

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

(a) the employee was employed for the purposes of a business carried on by the employer, and

(b) the reason (or, if more than one, the principal reason) for the dismissal is to enable the employer to replace the employee with an individual who is not an employee of the employer.

(2) For the purposes of this section—

(a) an employer replaces an employee with an individual who is not an employee of the employer if (and only if)—

(i) the individual, or the individual taken together with one or more employees of the employer or other individuals, is to carry out activities, in pursuance of a relevant contract, for the purposes of the employer’s business,

(ii) those activities are the same, or substantially the same, activities as the employee, or the employee taken together with one or more other employees of the employer, carried out before being dismissed, and

(iii) the employee’s dismissal is not wholly or mainly attributable to the fact that the requirements of the employer’s business for those activities to be carried out have ceased or diminished or are expected to cease or diminish;

and any reference in this section to replacing an employee is to be read accordingly;

(b) a reference to replacing an employee with an individual who is not an employee of the employer includes the case where the individual is the one who has been dismissed;

(c) “ relevant contract ”, in relation to an employer, means a contract, other than a contract of employment, to which the employer is a party (whether or not the individual carrying out activities in pursuance of the contract is a party to it).

(3) Subsection (1) does not apply in relation to an employee if on the effective date of termination the employee has not yet started work.

(4) In the case of an employer that is not a local authority, subsection (1) does not apply in relation to an employee if the employer shows that—

(a) the reason for the replacement was to eliminate, prevent or significantly reduce, or significantly mitigate the effect of, any financial difficulties which at the time of the dismissal were affecting, or were likely in the immediate future to affect—

(i) the employer’s ability to carry on the business as a going concern, or

(ii) where the employer is a public sector employer, the financial sustainability of carrying out the employer’s statutory functions, and

(b) in all the circumstances the employer could not reasonably have avoided the need to replace the employee.

(5) In the case of an employer that is a local authority, subsection (1) does not apply in relation to an employee if—

(a) at the time of the dismissal, a relevant intervention direction has effect in relation to the authority,

(b) the relevant intervention direction—

(i) specifies that the reason, or one of the reasons, for the giving of the direction is that the authority is undergoing financial difficulties, and

(ii) contains provision relating to the financial management or financial governance of the authority, and

(c) the authority shows that—

(i) the reason for the replacement was to eliminate or significantly reduce, or significantly mitigate the effect of, any of the financial difficulties referred to in paragraph (b) (i) , and

(ii) in all the circumstances the authority could not reasonably have avoided the need to replace the employee.

(6) In determining whether—

(a) in the case of a public sector employer (other than a local authority), subsection (4) (b) is met, or

(b) in the case of a local authority, subsection (5) (c) (ii) is met,

an employment tribunal must apply the same principles as would be applied by a court on an application for judicial review.

(7) Where the employer shows that the conditions in paragraphs (a) and (b) of subsection (4) are met, or (where the employer is a local authority) the conditions in paragraphs (a) , (b) and (c) of subsection (5) are met, the matters that must be considered in determining the question whether the dismissal is fair or unfair include the following—

(a) any consultation carried out by the employer with the employee about replacing the employee;

(b) if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union;

(c) if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee’s behalf;

(d) any matters specified for the purposes of this subsection in regulations made by the Secretary of State.

(8) In this section—

“ contract ” means a contract whether express or implied and (if it is express) whether oral or in writing;

“ English local authority ” means—

a county council or district council in England;

a London borough council;

the Greater London Authority;

the Council of the Isles of Scilly;

the Common Council of the City of London in its capacity as a local authority, a police authority or a port health authority;

a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

“ local authority ” means—

an English local authority,

a Welsh local authority, or

a Scottish local authority;

“ public sector employer ” means a person that—

is wholly or mainly funded from public funds,

is under a statutory duty to carry out any functions of a public nature, and

so far as carrying out those functions, does not operate on a commercial basis;

“ recognised ”, in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act);

“ relevant intervention direction ” means—

in the case of an English local authority, a direction under section 15(5) or (6)(a) of the Local Government Act 1999 (powers to deal with failure to comply with duties relating to best value authorities);

in the case of a Welsh local authority, a direction under section 106 or 107 of the Local Government and Elections (Wales) Act 2021 (asc 1) (intervention powers of Welsh Ministers);

in the case of a Scottish local authority, an enforcement direction under section 24 of the Local Government in Scotland Act 2003 (asp 1) relating wholly or partly to a failure of the authority to comply with its duties under section 1 of that Act (local authorities’ duty to secure best value);

“ Scottish local authority ” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

“ statutory duty ” means a duty imposed by or under any enactment, including—

a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, and

an Act of the Scottish Parliament;

“ statutory functions ”, in relation to a public sector employer, means functions of a public nature which the employer is under a statutory duty to carry out;

“ Welsh local authority ” means—

a county council or county borough council in Wales;

a corporate joint committee established under Part 5 of the Local Government and Elections (Wales) Act 2021.

(9) The reference in subsection (5) (a) to a relevant intervention direction includes a relevant intervention direction given before the day on which the Employment Rights Act 2025 was passed.

(4) In section 105 (redundancy), in the heading, after “Redundancy” insert “: other cases” .

(5) In section 108 (qualifying period of employment), in subsection (3), before paragraph (h) insert—

(go) subsection (1) of section 104I (read with subsections (7) to (9) of that section) applies,

(gp) subsection (1) of section 104K (read with subsections (3) to (5) of that section) applies,

(6) In section 236 (orders and regulations), in subsection (3) (regulations subject to affirmative procedure), after “99,” insert “104I, 104J (5) (f) , 104K (7) (d) ,” .

Section 29 Collective redundancy: extended application of requirements

(1) Chapter 2 of Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992 (procedure for handling redundancies) is amended as follows.

(2) In section 188 (duty of employer to consult representatives)—

(a) before subsection (1) insert—

(A1) Subsection (1) applies where an employer is proposing to dismiss as redundant within a period of 90 days or less—

(a) at least the threshold number of employees (see section 195A ), or

(b) 20 or more employees at one establishment.

(b) in subsection (1) , for the words from “Where” to “the employer” substitute “The employer” ;

(c) in subsection (1A) , for “(1)” substitute “(A1)” ;

(d) after subsection (2) insert—

(2A) This section does not require the employer to—

(a) consult all of the appropriate representatives together, or

(b) undertake the consultation with a view to reaching the same agreement with all of the appropriate representatives.

(e) in subsection (4) —

(i) in paragraph (c) , at the beginning insert “where the employees whom it is proposed to dismiss as redundant are at only one establishment,” ;

(ii) after paragraph (c) insert—

(ca) where the employees whom it is proposed to dismiss as redundant are at more than one establishment—

(i) the total number of employees of any such description employed by the employer, and

(ii) details of the establishments at which those employees are employed,

(3) In section 193 (duty of employer to notify Secretary of State of certain redundancies)—

(a) omit subsection (1) ;

(b) before subsection (2) insert—

(1A) Subsection (2) applies where an employer is proposing to dismiss as redundant within a period of 90 days or less—

(a) at least the threshold number of employees (see section 195A ), or

(b) 20 or more employees at one establishment.

(c) in subsection (2) —

(i) for the words from “An employer” to “period” substitute “The employer” ;

(ii) omit paragraphs (a) and (b) ;

(d) after subsection (2) insert—

(2A) The notice must be given—

(a) before the employer gives notice to terminate an employee’s contract of employment in respect of any of the dismissals;

(b) at least 30 days before the first of the dismissals takes effect, or, where the employer is proposing to dismiss 100 or more employees as mentioned in subsection (1A), at least 45 days before the first of the dismissals takes effect.

(e) in subsection (3) , for “(1) or (2)” substitute “(1A)” ;

(f) in subsection (4) (a) , omit the words from “in relation to the establishment” to the end;

(g) in subsection (6) , omit “(1) or”;

(h) in subsection (7) , for “(1)” substitute “(2)” .

(4) In section 193A (redundancies of ships’ crew)—

(a) in subsection (1) (a) , omit “193(1) or”;

(b) in subsection (2) , for “section 193(1) or (2)” substitute “section 193(2)” .

(5) After section 195 insert—

Construction of references to threshold number of employees

(195A)

(1) In this Chapter references to the threshold number of employees are references to the number of employees determined in accordance with regulations made by the Secretary of State under this section.

(2) Regulations under this section may (among other things) provide that the number is—

(a) a specified number;

(b) a number determined by reference to a specified percentage of employees;

(c) a number that is the highest or lowest of two or more numbers, whether those numbers are specified numbers, determined by reference to a specified percentage of employees, or determined in another way specified in the regulations.

(3) But the regulations may not provide in any case for the threshold number of employees to be lower than 20.

(4) For the purposes of determining a number by reference to a specified percentage of employees, the regulations may make provision for determining how many employees an employer has, including (among other things)—

(a) provision about the time by reference to which that determination is to be made;

(b) provision excluding employees of a specified description from being taken into account in that determination.

(5) Regulations under this section may make different provision for different purposes, including (among other things)—

(a) different provision in respect of different provisions of this Chapter;

(b) different provision in respect of different descriptions of employer.

(6) Regulations under this section may contain such incidental, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient.

(7) Regulations under this section are to be made by statutory instrument.

(8) A statutory instrument containing regulations under this section (whether alone or with other provision) may not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

(9) In this section “ specified ” means specified in the regulations.

(6) In section 197 (power to vary provisions), in subsection (1) —

(a) in paragraph (a) , for “188(2) and 193(1)” substitute “188(1A) and 193(2A)(b)” ;

(b) in the words after paragraph (b) , for “188(2) and 193(1)” substitute “188(1A) and 193(2A)(b)” .

(7) In section 198A (employees being transferred to the employer from another undertaking)—

(a) in subsection (1) (b) , for the words from “20 or more employees” to “or less,” substitute

within a period of 90 days or less—

(i) at least the threshold number of employees (see section 195A ), or

(ii) 20 or more employees at one establishment,

(b) in subsection (4) (a) —

(i) for “and as if” substitute “and, where relevant, as if” ;

(ii) for “(1)(b)” substitute “(1)(b)(ii)” .

Section 30 Collective redundancy consultation: protected period

(1) Chapter 2 of Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992 (procedure for handling redundancies) is amended as follows.

(2) In section 189 (duty to consult representatives: complaint and protective award), in subsection (4), in the words after paragraph (b), for “90” substitute “180” .

(3) In section 197 (power to vary provisions), in subsection (1)(b), for “periods” substitute “period” .

Section 31 Collective redundancy notifications: ships’ crew

(1) In the Trade Union and Labour Relations (Consolidation) Act 1992, section 193A is amended in accordance with subsections (2) to (5) .

(2) For the heading substitute “Application of section 193 in certain cases involving redundancies of ships’ crew” .

(3) In subsection (1)—

(a) in the words before paragraph (a), for “has effect subject to this section” substitute “applies with the modifications set out in subsections (2) and (3)” ;

(b) in paragraph (b)—

(i) at the beginning insert “some or all of” ;

(ii) for “vessel” substitute “ship” .

(4) In subsection (2)—

(a) before “to the competent authority” insert “, so far as relating to the members of crew of a ship within subsection (1)(b),” ;

(b) for “vessel” substitute “ship” ;

(c) for “instead of” substitute “as well as” .

(5) After subsection (2) insert—

(3) Where this subsection applies, section 193 is to be read as if references in subsections (4) and (6) to a notice were to the notice that is required to be given to the Secretary of State.

(4) In this section “ ship ” includes—

(a) any kind of vessel used in navigation, and

(b) hovercraft.

(6) In section 285 of the Trade Union and Labour Relations (Consolidation) Act 1992 (employment outside Great Britain)—

(a) in subsection (1B), after “United Kingdom” insert “or a GB-linked ship” ;

(b) after subsection (2) insert—

(3) In this section, “ GB-linked ship ” means a ship providing a service—

(a) for the carriage of persons or goods, with or without vehicles, and

(b) that is within subsection (4) or (5) .

(4) A service is within this subsection if it is operated between a place in Great Britain and another place in the United Kingdom.

(5) A service is within this subsection if—

(a) ships providing the service entered a harbour in Great Britain on at least 120 occasions in the period of 12 months ending with the day when the redundancy proposal in question is settled by the employer, or

(b) if the service has been provided for less than 12 months before that day, ships providing the service entered a harbour in Great Britain on at least 10 occasions in each month for which the service has been provided.

(6) But a service is not within subsection (5) if the service—

(a) is for the purpose of leisure or recreation, or

(b) is provided by a fishing vessel.

(7) In this section—

“ harbour ” has the same meaning as in the Harbours Act 1964;

“ ship ” has the same meaning as in section 193A (see subsection (4) of that section).

Section 32 Public sector outsourcing: protection of workers

(1) The Procurement Act 2023 is amended as follows.

(2) After Part 5 insert—

Outsourcing: protection of workers

Application of this Part

(83A)

(1) This Part provides for a Minister of the Crown, the Scottish Ministers and the Welsh Ministers to make provision for the protection of workers in relation to relevant outsourcing contracts (see section 83B ).

(2) Accordingly, in this Part, “appropriate authority”—

(a) means—

(i) a Minister of the Crown,

(ii) the Scottish Ministers, or

(iii) the Welsh Ministers, and

(b) does not include a Northern Ireland department.

(3) In addition to the restrictions in section 113, a Minister of the Crown—

(a) may exercise a power under this Part for the purpose of regulating devolved Scottish authorities only in relation to joint or centralised procurement under a reserved procurement arrangement;

(b) may not exercise a power under this Part for the purpose of regulating joint or centralised procurement under a devolved Scottish procurement arrangement.

(4) The Scottish Ministers—

(a) may only exercise a power under this Part for the purpose of regulating—

(i) devolved Scottish authorities, or

(ii) procurement under a devolved Scottish procurement arrangement;

(b) may not exercise a power under this Part for the purpose of regulating—

(i) joint or centralised procurement under a reserved procurement arrangement, or

(ii) joint or centralised procurement under a devolved Welsh procurement arrangement.

(5) In addition to the restrictions in section 111, the Welsh Ministers—

(a) may exercise a power under this Part for the purpose of regulating devolved Scottish authorities only in relation to joint or centralised procurement under a devolved Welsh procurement arrangement;

(b) may not exercise a power under this Part for the purpose of regulating joint or centralised procurement under a devolved Scottish procurement arrangement.

(6) This Part does not apply in relation to—

(a) a private utility;

(b) a person referred to in regulation 4(1)(b) of the Utilities Contracts (Scotland) Regulations 2016 ( S.S.I. 2016/49 );

(c) a devolved Welsh authority listed in Schedule 1 of the Social Partnership and Public Procurement (Wales) Act 2023 (asc 1) ;

(d) procurement under a transferred Northern Ireland procurement arrangement, except to the extent that the procurement—

(i) is carried out by a devolved Scottish authority, and

(ii) is not joint or centralised;

(e) a transferred Northern Ireland authority, except in relation to—

(i) procurement under a reserved procurement arrangement,

(ii) procurement under a devolved Scottish procurement arrangement, or

(iii) procurement under a devolved Welsh procurement arrangement.

(7) For the purposes of this section, procurement under a procurement arrangement is “joint or centralised” if as part of that procurement arrangement a contract is to be awarded following a procedure or other selection process carried out—

(a) jointly by a devolved Scottish authority and another contracting authority which is not a devolved Scottish authority, or

(b) by a centralised procurement authority or equivalent body.

Relevant outsourcing contracts

(83B)

(1) In this Part, “ relevant outsourcing contract ” means a contract in relation to which conditions A to C are met.

(2) Condition A is met where the contract—

(a) is a public contract under this Act, or

(b) is a contract regulated by Scottish procurement legislation.

(3) Condition B is met where the contract—

(a) is a contract for the supply of services that include the performance of functions that are or have previously been performed by the contracting authority, or

(b) is—

(i) in the case of a public contract, a framework for the future award of a contract referred to in paragraph (a), or

(ii) in the case of a contract regulated by Scottish procurement legislation, a framework agreement the purpose of which is to establish the terms governing a contract referred to in paragraph (a).

(4) Condition C is met where the functions referred to in subsection (3) (a) are, or are expected to be, performed by individuals (“transferring workers”) who—

(a) in performing the functions, are employed by the supplier or a sub-contractor under a worker’s contract, and

(b) were employed by the contracting authority under a worker’s contract in performing functions of the same kind.

(5) For the purposes of this Part—

(a) “ contract regulated by Scottish procurement legislation ” means a contract the procurement of which by a devolved Scottish authority is regulated by Scottish procurement legislation;

(b) in relation to a contract regulated by Scottish procurement legislation—

(i) “ contracting authority ” means a devolved Scottish authority that is a contracting authority within the meaning of the relevant Scottish procurement legislation;

(ii) “ framework agreement ” has the same meaning as in the relevant Scottish procurement legislation;

(iii) “ supplier ” means an economic operator within the meaning of the relevant Scottish procurement legislation;

(iv) “ the relevant Scottish procurement legislation ” means the Scottish procurement legislation regulating the procurement of the contract.

Power to specify provision for inclusion in relevant outsourcing contracts

(83C)

(1) An appropriate authority may by regulations specify provision to be included in a relevant outsourcing contract for the purpose of ensuring that—

(a) transferring workers of a specified description are treated no less favourably as workers of the supplier or a sub-contractor than they were as workers of the contracting authority, and

(b) workers of the supplier or a sub-contractor who are not transferring workers and are of a specified description are treated no less favourably than those transferring workers.

(2) In carrying out the procurement of a relevant outsourcing contract, the contracting authority must—

(a) take all reasonable steps to ensure that provision specified under subsection (1) is included in the contract;

(b) where provision specified under subsection (1) is included in the contract, take all reasonable steps to secure that such provision is complied with.

(3) Subsection (2) does not apply—

(a) where the contracting authority or the relevant outsourcing contract is of a specified description, or

(b) in specified circumstances.

(4) In this section, “ specified ” means specified in regulations made by an appropriate authority.

Code of practice on relevant outsourcing contracts

(83D)

(1) An appropriate authority must prepare and publish a code of practice containing guidance to contracting authorities for the purpose of ensuring that, where a contracting authority carries out the procurement of a relevant outsourcing contract—

(a) transferring workers of a description specified in the code are treated no less favourably as workers of the supplier or a sub-contractor than they were as workers of the contracting authority, and

(b) workers of the supplier or a sub-contractor who are not transferring workers and are of a description specified in the code are treated no less favourably than those transferring workers.

(2) An appropriate authority—

(a) may amend or replace a code published by it under subsection (1) , and

(b) must publish any amended or replacement code.

(3) A code published under subsection (1) or (2) must—

(a) in the case of a code published by a Minister of the Crown, be laid before Parliament;

(b) in the case of a code published by the Scottish Ministers, be laid before the Scottish Parliament;

(c) in the case of a code published by the Welsh Ministers, be laid before Senedd Cymru.

(4) In carrying out the procurement of a relevant outsourcing contract, the contracting authority must have regard to the code of practice for the time being published under subsection (1) or (2) .

(5) This section does not require an appropriate authority to do anything which the authority does not have power to do (see section 83A and Part 11).

Interpretation of this Part

(83E)

(1) In this Part—

“ appropriate authority ” has the meaning given in section 83A (2) ;

“ contract regulated by Scottish procurement legislation ” has the meaning given in section 83B (5) (a) ;

“ relevant outsourcing contract ” has the meaning given in section 83B ;

“ transferring worker ”, in relation to a relevant outsourcing contract, has the meaning given in section 83B (4) ;

“ worker ” and “worker’s contract” have the same meaning as in the Employment Rights Act 1996 (see section 230 of that Act).

(2) For the purposes of this Part, in relation to a contract regulated by Scottish procurement legislation, “contracting authority”, “framework agreement”, “supplier” and “the relevant Scottish procurement legislation” have the meaning given in section 83B (5) (b) .

Power of Scottish Ministers to amend this Part

(83F) The Scottish Ministers may by regulations modify section 83A , 83B or 83E in consequence of a modification of Scottish procurement legislation.

(3) In section 2 (contracting authorities), after subsection (1) insert—

(1A) But see also section 83B (5) (b) (i) (which provides for “contracting authority” to have an extended meaning in relation to certain contracts regulated under Part 5A (outsourcing: protection of workers)).

(4) In section 122 (regulations)—

(a) in subsection (4) (regulations of Ministers of the Crown subject to affirmative procedure), after paragraph (i) insert—

(ia) section 83C (provision for inclusion in relevant outsourcing contracts);

(b) in subsection (10) (regulations of Welsh Ministers subject to affirmative procedure), after paragraph (g) insert—

(ga) section 83C (provision for inclusion in relevant outsourcing contracts);

(c) in subsection (14) (regulations of Scottish Ministers subject to affirmative procedure), before paragraph (a) insert—

(za) section 83C (provision to be included in relevant outsourcing contracts);

(zb) section 83F (power to amend section 83A , 83B or 83E );

(5) In section 123 (interpretation), in subsection (1), in the definition of “appropriate authority”, at the end insert—

(but see section 83A (2) for a different meaning of “appropriate authority” in Part 5A (outsourcing: protection of workers));

(6) In section 124 (index of defined expressions), for the entry for “appropriate authority” substitute—

(7) In Schedule 9A (procurement by devolved Scottish authorities), at the appropriate place insert—

Section 33 Equality action plans

(1) The Equality Act 2010 is amended as follows.

(2) In Part 5 (work), in Chapter 3 (equality of terms), after section 78 insert—

Equality action plans

Equality action plans

(78A)

(1) Regulations may require employers to—

(a) develop and publish a plan (an “equality action plan”) showing the steps that the employers are taking in relation to their employees with regard to prescribed matters related to gender equality, and

(b) publish prescribed information relating to the plan.

(2) This section does not apply to—

(a) an employer with fewer than 250 employees;

(b) a public authority, other than—

(i) a public authority specified in Part 1 of Schedule 19, or

(ii) a public authority specified in Part 4 of Schedule 19 with the letter “D” included after the entry.

(3) For the purposes of subsection (1) , a matter is related to gender equality if it is related to advancing equality of opportunity between male and female employees.

(4) Accordingly, matters related to gender equality include—

(a) addressing the gender pay gap, and

(b) supporting employees going through the menopause.

(5) The regulations may, among other things, make provision about—

(a) the content of a plan;

(b) the form and manner in which a plan or information is to be published;

(c) when and how frequently a plan or information is to be published or revised;

(d) requirements for senior approval before a plan or information is published;

(e) descriptions of employers;

(f) descriptions of employee;

(g) descriptions of information.

(6) The regulations may not require an employer, after the first publication of information, to publish information more frequently than at intervals of 12 months.

(7) The regulations may make provision for a failure to comply with the regulations to be enforced, otherwise than as an offence, by such means as are prescribed.

(8) The reference to a failure to comply with the regulations includes a reference to a failure by a person acting on behalf of an employer.

(9) A Minister of the Crown must consult—

(a) the Commission, before making regulations under this section that apply to a public authority, and

(b) the Welsh Ministers, before making regulations under this section that apply to a public authority specified in Part 4 of Schedule 19 with the letter “D” included after the entry.

(3) In Part 16 (general and miscellaneous), in section 208(5) (regulations subject to affirmative procedure), after paragraph (b) insert—

(ba) regulations under section 78A (equality action plans);

Section 34 Provision of information relating to outsourced workers

(1) The Equality Act 2010 is amended as follows.

(2) In section 78 (gender pay gap information), after subsection (3) insert—

(3A) Regulations under subsection (3)(d) may, among other things, make provision, in a case where an employer is a principal in relation to an individual who is a contract worker, requiring publication of the identity of the person who has contracted with the principal for the supply of the individual.

(3B) In subsection (3A) , “principal” and “contract worker” have the meaning that they have in section 41 (see section 41(5) and (7)).

(3) In section 153 (power to impose specific duties on public authorities), after subsection (1) insert—

(1A) Regulations under subsection (1) may, among other things, make provision, in a case where an employer is a principal in relation to an individual who is a contract worker, requiring publication of the identity of the person who has contracted with the principal for the supply of the individual.

(1B) In subsection (1A) , “principal” and “contract worker” have the meaning that they have in section 41 (see section 41(5) and (7)).

(4) In section 154 (power to impose specific duties: cross-border public authorities), after subsection (3) insert—

(3A) Regulations under this section made by a Minister of the Crown may, among other things, make provision, in a case where an employer is a principal in relation to an individual who is a contract worker, requiring publication of the identity of the person who has contracted with the principal for the supply of the individual.

(3B) In subsection (3A) , “principal” and “contract worker” have the meaning that they have in section 41 (see section 41(5) and (7)).

Section 35 Duty to keep records relating to annual leave

(1) The Working Time Regulations 1998 ( S.I. 1998/1833 ) are amended as follows.

(2) In Part 2 (rights and obligations concerning working time), after regulation 16A insert—

Records relating to annual leave entitlement

(16B)

(1) An employer must—

(a) keep records which are adequate to show whether the employer has complied with the entitlements conferred by regulations 13(1), 13A(1), 15B(2) and 16(1) and the requirements in regulations 14(2) and (6) and 15E(2);

(b) retain such records for six years from the date on which they were made.

(2) The records referred to in paragraph (1)(a) may be created, maintained and kept in such manner and format as the employer reasonably thinks fit.

(3) In regulation 29 (offences), in paragraph (1), after “the relevant requirements” insert “or with regulation 16B(1)” .

(4) In regulation 29C (restriction on institution of proceedings in England and Wales)—

(a) the existing provision becomes paragraph (1);

(b) after that paragraph insert—

(2) But paragraph (1) does not prevent the Secretary of State from instituting proceedings in England and Wales for an offence under regulation 29(1) in respect of a failure to comply with regulation 16B(1) (duty to keep records).

Section 36 Extension of regulation of employment businesses

In section 13 of the Employment Agencies Act 1973 (interpretation), for subsection (3) substitute—

(3) For the purposes of this Act “ employment business ” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of participating in employment arrangements.

(3A) “ Employment arrangements ” means arrangements under which persons who are, or are intended to be, in the employment of a person are, or are intended to be, supplied to act for, and under the control of, another person in any capacity.

(3B) “Participating in” employment arrangements means doing any of the following in connection with the arrangements—

(a) being an employer of the persons who are, or are intended to be, supplied under the arrangements;

(b) paying for, or receiving or forwarding payment for, the services of those persons, in consideration of directly or indirectly receiving a fee from those persons;

(c) supplying those persons (whether or not under the arrangements);

(d) taking steps with a view to doing anything mentioned in paragraphs (a) to (c).

Section 37 Guidance about the employment of children on heritage railways

(1) The Office of Rail and Road and the Health and Safety Executive, acting jointly, must, before the end of the relevant 12-month period, prepare and publish guidance setting out circumstances in which a child carrying out activities for the purposes of a heritage railway in Great Britain is, or is not, to be regarded as employed in an industrial undertaking for the purposes of section 1 of the Employment of Women, Young Persons and Children Act 1920 (restrictions on the employment of children in industrial undertakings).

(2) The Office of Rail and Road and the Health and Safety Executive, acting jointly—

(a) may from time to time revise guidance published under this section;

(b) must publish any revisions of that guidance.

(3) In this section—

“ heritage railway ” means a railway which—

is operated for the purposes of—

preserving, recreating or simulating railways of the past, or

demonstrating or operating historical or special types of motive power or rolling stock, and

is exclusively or primarily used for recreational or educational purposes;

“ railway ” includes a tramway;

“ the relevant 12-month period ” means the period of 12 months beginning with the day on which this Act is passed.

Section 38 Pay and conditions of school support staff in England

Schedule 4 contains provision establishing the School Support Staff Negotiating Body.

Section 39 Power to establish Social Care Negotiating Body

(1) For the purposes of this Chapter, the Secretary of State may by regulations provide for there to be a body in England known as the Adult Social Care Negotiating Body for England.

(2) For the purposes of this Chapter, the Welsh Ministers may, with the agreement of the Secretary of State, by regulations provide for there to be a body in Wales known as the Social Care Negotiating Body for Wales.

(3) For the purposes of this Chapter, the Scottish Ministers may, with the agreement of the Secretary of State, by regulations provide for there to be a body in Scotland known as the Social Care Negotiating Body for Scotland.

(4) Any power of the Welsh Ministers or the Scottish Ministers to make regulations under the remaining provisions of this Chapter may not be exercised without the agreement of the Secretary of State.

(5) In this Chapter—

“ the appropriate authority ”—

in relation to the Adult Social Care Negotiating Body for England, means the Secretary of State;

in relation to the Social Care Negotiating Body for Wales, means the Welsh Ministers;

in relation to the Social Care Negotiating Body for Scotland, means the Scottish Ministers;

“ Negotiating Body ” means a body established by regulations under this section.

Section 40 Membership, procedure, etc of Negotiating Body

(1) Where the appropriate authority provides for there to be a Negotiating Body under section 39 , the authority may by regulations make further provision about the Negotiating Body.

(2) The provision that may be made by regulations under this section includes, among other things—

(a) provision about membership of the Negotiating Body, including (among other things)—

(i) provision about the appointment of members;

(ii) provision about the number of members, or the number of members of a specified description, which the Negotiating Body is to have (see also subsection (3));

(iii) provision about the termination of appointments;

(b) provision for the appointment of a person to chair the Negotiating Body, including (among other things) provision for that person to be, or not to be, a person of a specified description;

(c) provision about how the Negotiating Body makes its decisions;

(d) provision for the Negotiating Body to keep records of a specified description;

(e) provision for the payment of fees or expenses by the appropriate authority to members of the Negotiating Body;

(f) provision for staff or facilities to be provided to the Negotiating Body by the appropriate authority;

(g) provision about reports, including (among other things) provision requiring the Negotiating Body to publish reports at specified times or about specified matters.

(3) Regulations under this section—

(a) must provide that the persons appointed as members of the Negotiating Body include—

(i) officials of one or more trade unions that represent the interests of social care workers;

(ii) persons representing the interests of employers of social care workers;

(b) may provide for other descriptions of person to be appointed as members of the Negotiating Body.

(4) Regulations under this section may provide that the validity of anything done by the Negotiating Body is not affected by a vacancy or a defective appointment.

(5) Regulations under this section may amend any enactment in consequence of the establishment of the Negotiating Body.

(6) In this section “ specified ” means specified in the regulations.

Section 41 Matters within Negotiating Body’s remit

(1) For the purposes of this Chapter, the matters within a Negotiating Body’s remit are matters that relate to any of the following—

(a) the remuneration of relevant social care workers, or of relevant social care workers of a specified description;

(b) terms and conditions of employment of relevant social care workers, or of relevant social care workers of a specified description;

(c) any other specified matters relating to employment as a relevant social care worker, or as a relevant social care worker of a specified description.

(2) In subsection (1)—

“ relevant social care worker ”, in relation to a Negotiating Body, means a social care worker employed in, or in connection with, the provision of social care in the area for which the Negotiating Body is established;

“ specified ” means specified in regulations made by the appropriate authority.

Section 42 Meaning of “social care worker”

(1) In this Chapter “ social care worker ” means—

(a) in relation to England, a person who is employed wholly or mainly in, or in connection with, the provision of social care to individuals aged 18 or over;

(b) in relation to Wales or Scotland, a person who is employed wholly or mainly in, or in connection with, the provision of social care to any individual.

(2) For the purposes of subsection (1), “ social care ” includes any form of personal care or other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance.

Section 43 Consideration of matters by Negotiating Body

(1) The appropriate authority may by regulations make provision about the consideration by a Negotiating Body of matters within its remit.

(2) The provision that may be made by regulations under this section includes, among other things—

(a) provision about the circumstances in which the Negotiating Body may, or must, consider a matter within its remit, including (among other things) provision requiring it to consider any matter referred to it by the appropriate authority;

(b) provision specifying, or enabling the appropriate authority to specify, factors to which the Negotiating Body may, or must, have regard when considering a matter;

(c) provision specifying, or enabling the appropriate authority to specify, conditions that must be met in relation to any agreement reached by the Negotiating Body about a matter, including (among others) conditions relating to funding;

(d) provision requiring members of the Negotiating Body to provide the Negotiating Body with information, or information of a specified description, for the purposes of enabling it to consider, or reach an agreement about, a matter;

(e) provision requiring the Negotiating Body, if it reaches an agreement about a matter, to submit the agreement to the appropriate authority;

(f) provision requiring the Negotiating Body to take any specified steps before a date notified to it by the appropriate authority.

(3) In this section “ specified ” means specified in the regulations.

Section 44 Reconsideration by Negotiating Body

(1) The appropriate authority may by regulations provide that, in a case where a Negotiating Body submits an agreement to the appropriate authority, the authority may refer the agreement back to the Negotiating Body for reconsideration, or may do so in specified circumstances.

(2) The appropriate authority may by regulations make provision about what happens where an agreement is referred back to a Negotiating Body as mentioned in subsection (1) .

(3) The provision that may be made by regulations under subsection (2) includes, among other things—

(a) provision requiring the Negotiating Body to reconsider the agreement;

(b) provision specifying, or enabling the appropriate authority to specify, factors to which the Negotiating Body may, or must, have regard when reconsidering the agreement;

(c) provision specifying, or enabling the appropriate authority to specify, conditions that must be met in relation to any revised agreement reached by the Negotiating Body about a matter, including (among others) conditions relating to funding;

(d) provision requiring members of the Negotiating Body to provide the Negotiating Body with information, or information of a specified description, for the purposes of enabling it to reconsider the agreement;

(e) provision specifying steps which the Negotiating Body may or must take after reconsidering the agreement, including, in particular, submitting the original agreement, or a revised agreement, to the appropriate authority;

(f) provision requiring the Negotiating Body to take any specified steps before a date notified to it by the appropriate authority.

(4) In this section “ specified ” means specified in the regulations.

Section 45 Failure to reach an agreement

(1) The appropriate authority may by regulations make provision about cases where a Negotiating Body is unable to reach an agreement about a matter.

(2) The provision that may be made by regulations under this section includes, among other things—

(a) provision for resolving disagreements about any matter;

(b) provision conferring functions on the appropriate authority or a person specified in the regulations;

(c) provision requiring the Negotiating Body to act in accordance with a decision of the appropriate authority or a person specified in the regulations.

Section 46 Power to ratify agreements

(1) This section applies if a Negotiating Body submits an agreement to the appropriate authority in accordance with regulations under section 43 or 44 .

(2) The appropriate authority may make regulations ratifying the agreement—

(a) in full, or

(b) to the extent specified in the regulations.

Section 47 Effect of regulations ratifying agreement

(1) This section applies if the appropriate authority makes regulations under section 46 ratifying (to any extent) an agreement submitted by a Negotiating Body.

(2) If the agreement relates to a social care worker’s remuneration, the social care worker’s remuneration is to be determined and paid in accordance with the agreement.

(3) A provision of the agreement that relates to any other term or condition of a social care worker’s employment has effect as a term of the social care worker’s contract.

(4) A term of that contract has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the agreement.

(5) Subsections (2) to (4) —

(a) do not apply in relation to a term or condition of a social care worker’s employment if, and to the extent that, giving effect to the agreement would alter the term or condition to the social care worker’s detriment;

(b) do not prevent the terms and conditions of a social care worker’s employment from including a term or condition that is more favourable to the social care worker than that which would otherwise have effect by virtue of those subsections.

Section 48 Power of appropriate authority to deal with matters

(1) This section applies where—

(a) a Negotiating Body notifies the appropriate authority that it has been unable to reach an agreement on a matter referred to it, and

(b) any other specified conditions are met.

In paragraph (b) “ specified ” means specified in regulations made by the appropriate authority.

(2) The appropriate authority may by regulations make provision about the matter.

(3) Regulations under subsection (2) may provide that the regulations are to have effect for determining the terms and conditions of employment of social care workers to whom the regulations apply.

(4) If the regulations make provision within subsection (3) , subsections (5) to (7) apply (but see subsection (8) ).

(5) If the regulations relate to a social care worker’s remuneration, the social care worker’s remuneration is to be determined and paid in accordance with the regulations.

(6) A provision of the regulations that relates to any other term or condition of a social care worker’s employment has effect as a term of the social care worker’s contract.

(7) A term of that contract has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the regulations.

(8) Subsections (5) to (7) —

(a) do not apply in relation to a term or condition of a social care worker’s employment if, and to the extent that, giving effect to the regulations would alter the term or condition to the social care worker’s detriment;

(b) do not prevent the terms and conditions of a social care worker’s employment from including a term or condition that is more favourable to the social care worker than that which would otherwise have effect by virtue of those subsections.

Section 49 Guidance and codes of practice

(1) The appropriate authority may by regulations make provision about the issuing of guidance or codes of practice by the authority in relation to—

(a) agreements submitted by a Negotiating Body in accordance with regulations under section 43 or 44 ;

(b) regulations made by the authority under section 48 .

(2) Regulations under this section may, among other things—

(a) impose duties on specified persons, or persons of a specified description, in relation to any provision of guidance or a code of practice;

(b) make provision about the consequences of a failure to comply with any duty imposed by virtue of paragraph (a).

(3) The provision that may be made by virtue of subsection (2) (b) includes, among other things, provision for the failure to be taken into account in any proceedings before a court or tribunal, including (among other things) for the purpose of determining the amount of any financial award.

(4) Regulations under this section that by virtue of subsection (2) (b) make provision about the consequences of a failure to comply with a duty imposed by the regulations in relation to a provision of guidance or a code of practice must provide for the guidance or code to be laid before the appropriate legislature and subject to the procedure specified.

(5) In this section—

“ the appropriate legislature ” means—

in the case of regulations of the Secretary of State, Parliament;

in the case of regulations of the Welsh Ministers, Senedd Cymru;

in the case of regulations of the Scottish Ministers, the Scottish Parliament;

“ specified ” means specified in the regulations.

Section 50 Duty of employers to keep records

(1) For the purposes of this Chapter, the Secretary of State may by regulations make provision requiring employers—

(a) to keep, in a specified form and manner, records of a specified description;

(b) to preserve those records for a specified period.

(2) Regulations under this section may provide for the following provisions of the National Minimum Wage Act 1998 to apply, with or without modifications, in relation to records which an employer is required to keep and preserve by virtue of the regulations—

(a) section 10 (worker’s right of access to records);

(b) section 11 (failure of employer to allow access to records);

(c) section 11A (extension of time limit to facilitate conciliation before institution of proceedings).

(3) Regulations under this section that provide for any of those provisions of that Act to apply in relation to such records may provide for section 49 of that Act (restrictions on contracting out) to apply, with or without modifications, in relation to the application of those provisions by the regulations.

(4) In this section “ specified ” means specified in the regulations.