The Employment Rights (Miscellaneous Amendments) Regulations 2019

• Citation: S.I. 2019/731
• Sections: 18

Section 1 Citation and commencement

(1) These Regulations may be cited as the Employment Rights (Miscellaneous Amendments) Regulations 2019.

(2) Parts 1 and 2 of these Regulations come into force on 6th April 2019 and all other parts come into force on 6th April 2020.

Section 2 Amendment to section 12A of the Employment Tribunals Act 1996

(1) Section 12A (financial penalties) of the Employment Tribunals Act 1996 is amended as follows.

(2) In subsection (3)(b), for “£5,000” substitute “£20,000”.

(3) In subsection (5)(b)—

(a) for “£10,000” substitute “£40,000”;

(b) for “£5,000” substitute “£20,000”.

(4) In subsection (7)(b)(i), for “£5,000” substitute “£20,000”.

Section 3 Application of regulation 2

The substitutions made by regulation 2 only apply in relation to a penalty payable in respect of a breach of a worker’s rights which begins on or after the date when regulation 2 comes into force.

Section 4 Amendment to the Employment Rights Act 1996

The Employment Rights Act 1996 is amended as follows.

Section 5 Amendment of section 1

In section 1 (statement of initial employment particulars)—

(a) in subsection (1)—

(i) for “an employee” substitute “a worker”;

(ii) for “the employee” substitute “the worker”;

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

(c) at the beginning of subsection (3)(c), insert “in the case of a statement given to an employee,”;

(d) in subsection (4)(d)(i), for “employee’s” substitute “worker’s”;

(e) in subsection (4)(e), (f), (h) and (k) for “employee” substitute “worker”;

(f) in subsection (4)(e), after “contract of employment” insert “or other worker’s contract”;

(g) in subsection (5), for “an employee” substitute “a worker”;

(h) in subsection (5)(a) and (b), for “employee’s” substitute “worker’s”;

(i) in subsection (5)(b) for “employee” substitute “worker”.

Section 6 Amendment of section 2

In section 2 (statement of initial particulars: supplementary)—

(a) in subsections (2), (3) and (5), for “employee”, in each place it occurs, substitute “worker”;

(b) in subsection (5) for “an employee’s” substitute “a worker’s”.

Section 7 Amendment of section 3

In section 3(1)(a), (1)(aa), (1)(b)(i) and (ii) and (1)(c) (note about disciplinary procedures and pensions) , for “the employee”, in each place it occurs, substitute “the worker”.

Section 8 Amendment of section 4

In section 4 (statement of changes)—

(a) in subsections (1), (3)(b), (4) in each place it occurs, (5) in each place it occurs and (6) for “the employee” substitute “the worker”;

(b) in subsection (6), for “an employee” substitute “a worker”;

(c) at the beginning of subsection (6)(b) insert “in the case of a statement given to an employee,”.

Section 9 Amendment of section 5

In section 5(1) and (2) (exclusion from rights to statements) , for “an employee” substitute “a worker”.

Section 10 Amendment of section 6

In section 6 (right to statements of employment particulars)—

(a) in the words before paragraph (a), for “an employee” substitute “a worker”;

(b) in paragraphs (a) and (b) for “the employee” substitute “the worker”.

Section 11 Amendment of section 7A

In section 7A (right to statements of employment particulars) —

(a) in subsection (1)(a)—

(i) for “an employee” substitute “a worker”;

(ii) after “contract of employment” insert “or other worker’s contract”;

(b) in subsections (2), (3), (4), (5) and (6) for “employee” substitute “worker”.

Section 12 Amendment of section 7B

In section 7B (giving of alternative documents before start of employment) —

(a) after “contract of employment” insert “or other worker’s contract”;

(b) for “an employee” substitute “a worker”;

(c) for “employee’s” substitute “worker’s”.

Section 13 Amendment of section 11

In section 11 (references to employment tribunals) —

(a) for subsection (1) substitute—

(1) Where an employer does not give a worker a statement as required by section 1, 4 or 8 (either because the employer gives the worker no statement or because the statement the employer gives does not comply with what is required), the worker may require a reference to be made to an employment tribunal to determine what particulars ought to have been included or referred to in a statement so as to comply with the requirements of the section concerned.

(b) for subsection (2)(a) substitute—

(a) a statement purporting to be a statement under section 1 or 4, or a pay statement or a standing statement of fixed deductions purporting to comply with section 8 or 9, has been given to a worker, and

(c) in the text after subsection (2)(b), for “the person to whom the statement has been given” substitute “the worker”.

Section 14 Amendment of section 12

In section 12(1) and (2) (determination of references) , for “employee” substitute “worker”.

Section 15 Application of regulations 4 to 14

The amendments made by regulations 4 to 14 only apply in relation to a written statement required by section 1 or 4 of The Employment Rights Act 1996 where the worker to whom the statement must be given begins employment with the employer on or after the date those regulations come into force.

Section 16 Amendment of the Information and Consultation of Employees Regulations 2004

(1) The Information and Consultation of Employees Regulations 2004 are amended as follows.

(2) In regulation 5(3)(b) (entitlement to data) for “10%” substitute “2%”.

(3) In regulation 7(2) and (3) (employee request to negotiate an agreement in respect of information and consultation) for “10%”, in each place it occurs, substitute “2%”.

Section 17 Consequential Amendments

(1) Section 38 of the Employment Act 2002 (failure to give statement of employment particulars) is amended as follows.

(2) In subsection (1) for “an employee” substitute “a worker”.

(3) In subsection (2)—

(a) in paragraphs (a) and (b) for “employee” substitute “worker”;

(b) in paragraph (b) after “particulars of change) or” insert “(in the case of a claim by an employee)”;

(c) in the words after paragraph (b) for “employee” substitute “worker”.

(4) In subsection (3)—

(a) in paragraphs (a) and (b) for “employee” substitute “worker”;

(b) in paragraph (b) after “1996 or” insert “(in the case of a claim by an employee)”.

(5) In subsection (6) in the words before paragraph (a), for “an employee” substitute “a worker”.

(6) After subsection (6) insert—

(6A) The provisions referred to in subsection (6) shall apply for the purposes of that subsection—

(a) as if a reference to an employee were a reference to a worker; and

(b) as if a reference to an employee’s contract of employment were a reference to a worker’s contract of employment or other worker’s contract.

(7) In subsection (7)—

(a) in paragraph (a) for “employee” substitute “worker”;

(b) for paragraph (b) substitute—

(b) if he was not, in the case of an employee, the effective date of termination as defined by section 97 of that Act or in the case of all other workers the date on which the termination takes effect.

Section 18 Consequential Amendments

In section 40 of the Employment Act 2002 (interpretation of Part 3), after the definitions of “employer” and “employee” insert—

“worker” has the same meaning as in the Employment Rights Act 1996.