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Employment Rights Act 2025

Sections392Effects14

Statutes amended

14 affected Acts; 71 amendments in total. Each block shows the target Act's text with this Act's changes applied.

Employment Rights Act 1996

20 amendments · open Act

  1. Section 27B6 changes, 4 deletions

    27B Power to make further provision in relation to zero hours workers

    1 The Secretary of State may by regulations make provision for the purpose of securing that zero hours workers, or zero hours workers of a specified description, are not restricted by any provision of their contracts or arrangementstheir worker’s contracts or their arrangements from doing any work otherwise than under those contracts or arrangements.
    2 Regulations under subsection (1) may, in particular— … (b) provide for any prescribed term of a worker’s contract or any prescribed non-contractual arrangement to be unenforceable …

    subsection (3) unchanged

    4 … in such a way that the individual is restricted from doing any work otherwise than under a worker’s contract entered into in accordance with the zero hours non-contractual arrangement (whether contractual or non-contractual) … (b) … non-contractual arrangement.
    5 … (a)(ii) non-contractual arrangement.
    6 Regulations under subsection (1) may make provision for— (a) exclusivity terms in prescribed categories of zero hours arrangements that are not contractual arrangements to be unenforceable; (b) exclusivity terms in prescribed categories of zero hours arrangements that are contractual arrangements to be unenforceable; 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.
  2. Section 27BI1 insertion

    Chapter 3 Shifts: rights to reasonable notice (new)

    new sections 27BJ–27BO inserted after section 27BI — right to reasonable notice of a shift; right to reasonable notice of cancellation, change or curtailment; supplementary; interaction with Chapter 4; complaints to employment tribunals; remedies

  3. Section 27BO1 insertion

    Chapter 4 Right to payment for cancelled, moved and curtailed shifts (new)

    new sections 27BP–27BS inserted after section 27BO — right to payment for cancelled, moved or curtailed shifts; regulations; exceptions; effect on contractual remuneration

  4. Section 27BS1 insertion

    Chapter 5 Agency workers: guaranteed hours and rights relating to shifts (new)

    new sections 27BT–27BV inserted, applying Chapters 2–4 to agency workers (Schedule 1 makes consequential modifications)

  5. Section 27BV1 insertion

    Chapter 6 Collective agreements: contracting out (new)

    new sections 27BW–27BZ1 inserted after section 27BV — workforce/collective agreements may modify or substitute Chapters 2–5 rights, with safeguards

  6. Section 27BZ11 insertion

    Chapter 7 General (new)

    new sections 27BZ2 onwards inserted after section 27BZ1 — interpretation, regulations, savings; further consequential amendments are made by Schedule 2

  7. Section 27I3 insertions

    27I Written policy about allocation of tips, etc

    subsections (1) – (2) unchanged

    2A (new — duty to consult workers and trade union representatives before adopting/varying the policy)

    subsection (3) unchanged

    3A (new — duty to review the policy at intervals)

    subsections (4) – (6) unchanged

    7 (new — interpretation/supplementary)
  8. Section 43B2 insertions

    43B Disclosures qualifying for protection

    1 … (a)–(d), (da) sexual harassment of any person has occurred, is occurring or is likely to occur, …

    43L Other interpretative provisions

    1 … (definition of “sexual harassment” inserted, cross-referencing Equality Act 2010 section 26) …
  9. Section 49D2 changes, 2 insertions

    49D Redundancy or dismissal during a protected period of pregnancy

    subsection (1) unchanged

    1A (new — extends protection to dismissal of an employee on other grounds during the protected period unless specified circumstances apply)
    3 … subsection (1) or (1A) …
    After section 49D: new sections

    new sections inserted regulating dismissal during/after pregnancy and statutory family leave; supplemental provisions

  10. part-IIA1 change, 2 insertions

    Part 2A Zero hours workers and similar

    existing Chapter 1 reorganised under new heading Exclusivity terms and other restrictions (inserted before section 27A); existing sections 27A–27B unchanged

    Chapter 2 Right to guaranteed hours (inserted)

    new sections 27BA–27BI inserted after section 27B — guaranteed hours offer duty, exceptions, acceptance/rejection, information, complaints to employment tribunals, and remedies

  11. part-VIII5 insertions

    Part 8 — leave for family reasons: extension of redundancy/dismissal protection

    in each of sections 74 (maternity), 75C (adoption), 75J (shared parental) and 80D (paternity), the words “during” are extended by inserting “, or after,” — i.e. protection now applies to redundancy/dismissal occurring after the leave period as well as during it

  12. part-X1 insertion

    Before section 105: new section

    new section inserted in Part 10 — dismissal of an employee for failing to agree to a contract variation is automatically unfair (with limited exceptions) — and consequential changes to existing unfair-dismissal provisions

  13. Section 761 deletion

    76 Entitlement to parental leave

    1 (a) employee has been continuously employed for the prescribed minimum period (and the “and” after it) …
  14. Section 80A4 deletions

    80A Entitlement to paternity leave: birth

    1 (a) the employee has been continuously employed for at least the prescribed period …

    subsections (2) – (6) unchanged

    6A (a) qualifying period …

    80B Entitlement to paternity leave: adoption

    subsections (1)(a) and (6C)(a) deleted in same terms

  15. Section 80A4 deletions

    80A / 80B Paternity leave

    subsections (4A) repealed in each section; (6A)(c) and (6C)(c) deleted (effect: paternity leave can be taken after shared parental leave)

    171ZE SSCBA 1992 — Rate and period of statutory paternity pay

    3A (b) (and the “or” before it)

    118 Children and Families Act 2014

    consequential amendment to s.118

  16. Section 80EA6 changes, 4 insertions

    Chapter 4 of Part 8 — Parental bereavement leaveBereavement leave

    80EA ParentalBereavement leave
    1 … bereaved parentbereaved person …
    2 [substituted to broaden scope beyond children]
    3 The conditionsIn a case where the person who has died is a child, the conditions …
    3A (new — conditions where person who has died is not a child)

    further changes to subsections (4) – (11) and a new section 80EE inserted (supplementary)

  17. Section 80G2 changes, 2 insertions

    80G Employer’s duties in relation to application for change to working hours, etc

    1 An employer to whom an application under section 80F is made— (a) shall deal with the application in a reasonable manner …; (b) shall only refuse the application because he considers that one or more of the following grounds applies …(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 — burden of additional costs; detrimental effect on ability to meet customer demand; inability to re-organise work among existing staff; inability to recruit additional staff; detrimental impact on quality; detrimental impact on performance; insufficiency of work during the periods the employee proposes to work; planned structural changes; any other grounds specified by regulations.
    1ZB If an employer refuses an application under section 80F, the notification under subsection (1)(aa) must explain why the employer considers the ground(s) apply and why it is reasonable to refuse on that basis.

    subsection (1D) and following: new subsection inserted (further procedural requirements)

    80H Complaints to employment tribunals

    1 … (a) that the employer has failed to comply withact in accordance with section 80G(1) …
  18. Section 1082 changes, 2 deletions

    108 Qualifying period of employment

    1 … two yearssix months …
    2 … for “two years”“six months” …

    124 Limit of compensatory award etc

    whole section repealed (compensatory award cap removed)

    209 Powers to amend Act

    5 108(1), …
  19. Section 2021 insertion

    After section 202: new section

    202A (new — Harassment and discrimination: contractual duties of confidentiality. NDA-type provisions in worker contracts/settlement agreements that purport to prevent disclosure of harassment or discrimination are void to that extent)
  20. Section 2361 insertion

    236 Orders and regulations

    subsections (1) – (4) unchanged

    5 (new — additional procedural rules for orders and regulations under specified provisions inserted into the ERA 1996 by this Act)

Workers (Predictable Terms and Conditions) Act 2023

1 amendment · open Act

  1. 1 deletion

    Workers (Predictable Terms and Conditions) Act 2023

    whole Act repealed

Social Security Contributions and Benefits Act 1992

2 amendments · open Act

  1. part-XI4 changes, 1 deletion

    151 Employer’s liability

    1 … subject to sections 152 to 154sections 153 and 154 …

    152 Period of incapacity for work

    1 (four-day period of incapacity definition — repealed)
    2 … anya period of one day which is, or of two or more consecutive days each of which is, …

    153 Period of entitlement

    1 … the secondfirst qualifying day …

    154 Qualifying days

    1 … thirdsecond …
  2. Section 1571 change, 1 deletion

    157 Rates of payment

    1 [Old subsection setting fixed/lower-earnings-related rate substituted with new flat-rate / 80% of average weekly earnings (whichever is the lower) formula.]

    Schedule 11 (circumstances in which periods of entitlement do not arise), paragraph 2

    c lower earnings limit (deleted)

Social Security Contributions and Benefits (Northern Ireland) Act 1992

2 amendments · open Act

  1. part-XI4 changes, 1 deletion

    Northern Ireland equivalents to s.10 amendments

    section 147(1): sections 148 to 150sections 149 and 150; section 148(1) repealed; section 148(2): anya period of one day which is, or of two or more consecutive days each of which is,; section 149(1): secondfirst; section 150(1): thirdsecond.

  2. Section 1531 change, 1 deletion

    Northern Ireland equivalents to s.11 amendments

    section 153(1) (rate of payment): subsection substituted; Schedule 11, paragraph 2(c) (lower earnings limit): deleted.

Equality Act 2010

5 amendments · open Act

  1. Section 401 insertion

    40 Employees and applicants: harassment

    subsection (1) unchanged

    1A (new — harassment by third parties: an employer (A) harasses a B who is an employee of A’s if a third party harasses B in the course of B’s employment and A has failed to take all reasonable steps to prevent the third party from doing so)
  2. Section 40A1 insertion

    40A Employer duty to prevent sexual harassment of employees

    1 An employer (A) must take all reasonable steps to prevent sexual harassment of employees of A in the course of their employment.
  3. Section 40A1 insertion

    Equality Act 2010, Part 5, Chapter 1

    40B (new section after section 40A — power for the Secretary of State by regulations to specify what constitutes “reasonable steps” for the purposes of section 40A and section 40(1A))
  4. Section 781 insertion

    After section 78 of the Equality Act 2010: new section

    new section requiring specified employers to publish equality action plans (steps to address gender pay gap and support employees going through menopause)

  5. Section 783 insertions

    78 Gender pay gap information

    subsections (1) – (3) unchanged

    3A (new — requirement to publish information about outsourced workers)

    153 / 154 Specific duties on public authorities

    new subsection inserted in each (powers to require publication relating to outsourced workers)

Trade Union and Labour Relations (Consolidation) Act 1992

33 amendments · open Act

  1. Section 32ZA1 deletion

    32ZA Details of industrial action etc to be included in annual return

    section repealed; consequential repeal of section 7 of the Trade Union Act 2016

  2. Section 32ZB1 deletion

    32ZB Details of political expenditure to be included in annual return

    section repealed; cross-references in sections 131 and 135 removed; consequential repeal in the Trade Union Act 2016

  3. Section 32ZC1 deletion

    32ZC Enforcement of sections 32ZA and 32ZB

    section repealed; cross-references in sections 45, 45D and 256 updated

  4. Section 45C2 changes, 4 deletions

    Sections 45C, 54 and 55 — application-only enforcement

    words enabling Certification Officer to act on its own motion deleted from sections 45C(1), 54(1) and elsewhere — Officer may now exercise investigatory/enforcement powers only on application by a member

  5. Section 45D5 changes

    Appeals from Certification Officer (sections 45D, 56A, 95, 104, 108C(7))

    in each appeal provision, after “question” insert “of law” — appeals from the Certification Officer are restricted to questions of law

  6. part-I1 insertion

    Before Chapter 5A of Part 1: Chapter 5ZA — Right of trade unions to access workplaces (new)

    new Chapter 5ZA inserted, providing for access agreements between unions and employers and for default access where agreements cannot be reached, with enforcement by the Central Arbitration Committee

  7. Section 731 change, 1 deletion

    73 Passing and effect of political resolution

    subsections (1) – (2) unchanged

    3 (repealed — 10-year ballot requirement removed)
    4 … before the end of that perioda political resolution (“the old resolution”) is in force and …
  8. Section 821 change, 1 insertion

    82 Rules as to political fund

    1 … (ca)(i) … opt to beopt out of being …

    84/84A (substituted)

    existing sections 84 (contributions to political fund) and 84A (information to members) replaced with a single set of provisions on opting out of contributions, replacing the current opt-in regime introduced by the Trade Union Act 2016

  9. Section 116B2 deletions

    116B Restriction on deduction of union subscriptions from wages in public sector

    whole section (and italic heading) repealed; entry in section 296(3) deleted; consequential repeal of section 15 of the Trade Union Act 2016

  10. Section 1371 insertion

    Before section 137: new section

    new section inserted in Part 3 — “Statement of trade union rights” — requiring employers to provide a written statement of rights to join/be represented by a trade union

  11. Section 1684 changes, 2 insertions

    168 Time off for carrying out trade union duties

    subsections (1) – (3) unchanged

    3A (new — extended duties: representatives, members and officials)
    4 [substituted — wider list of permissible activities]

    168A Time off for union learning representatives

    subsection (8A) inserted; subsection (9) substituted (extended scope)

    172 Remedies

    2 in failing to permit time off to be taken by the employee
  12. Section 168A1 insertion

    After section 168A: new section

    new section inserted — time off for union equality representatives, mirroring rights in section 168A and supporting equality activities at the workplace

  13. Section 172A2 deletions

    172A Publication requirements / 172B Reserve powers

    both sections (and italic heading) repealed; consequential repeal of sections 13 and 14 of the Trade Union Act 2016

  14. Section 1884 changes, 2 insertions

    188 Duty of employer to consult representatives

    A1 (new — pre-1: duty to consult engaged where employer is proposing to dismiss as redundant, in aggregate across the employer’s undertakings, the threshold number of employees within a 90-day period)
    1 … Where an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less, the employerThe employer …
    1A … for “(1)”“(A1)” …
    2A (new — limits on aggregation across establishments)

    subsection (4)(c) and onwards: text inserts and substitutions reflecting single-establishment vs aggregate threshold rules

  15. Section 1892 changes

    189 Duty to consult representatives: protective award

    4 … 90180 days …

    197 Power to vary provisions

    1 … (b) periodsperiod …
  16. Section 193A4 changes

    193A Cases involving offshore workersApplication of section 193 in certain cases involving redundancies of ships’ crew

    heading replaced; subsection (1) and (2): wording rewritten to apply by modification to ships’ crew, with “vessel” replaced by “ship”

  17. Section 220A1 change, 1 deletion

    219 Protection from certain tort liabilities

    3 … unless [it is in contravention of section 220A]unless it is done in the course of attendance declared lawful by section 220 (peaceful picketing).

    220A Union supervision of picketing

    whole section repealed; consequential repeal of section 10 of the Trade Union Act 2016

  18. Section 2261 change, 4 deletions

    226 Requirement of ballot before action by trade union

    2 … (a)(ii) … and at the end; (iia) (and the “and” after it) …

    231 Information for members as to result of ballot

    paragraph (a) deleted; “and” inserted at end of (d); (e) substituted; (f) deleted

    297A Meaning of “voting”

    section repealed

  19. Section 2261 change, 2 deletions

    226 Requirement of ballot before action by trade union

    2 … (a)(iii) the required number of persons (see subsections (2A) to (2C))the majority voting in the ballot …

    subsections (2A) to (2F) (40% support thresholds and important public services definitions) deleted

    231 Information for members as to result of ballot

    paragraph (g) (40%-support reporting) deleted

  20. Section 226A3 changes

    226A Notice of ballot and sample voting paper for employers

    subsection (2)(c)(i) and (ii): figures-and-explanation requirements replaced with a single number requirement; subsection (2B): substituted; subsection (2C)(b)–(c): explanatory text removed

  21. Section 2291 deletion

    229 Information to be included on voting paper

    subsections (2B) to (2D) (mandatory summary of dispute and call to action) deleted; consequential repeal of section 5 of the Trade Union Act 2016

  22. Section 2341 change

    234 Period after which industrial action ballot ceases to be effective

    1 … period of four months …period of 12 months beginning with the date of the ballot.
  23. Section 234A2 changes, 1 deletion

    234A Notice to employers of industrial action

    subsection (3B): paragraph (b) deleted; subsection (3C)(b): figures detail removed; subsection (4): paragraph (b) and trailing text substituted (notice period 7 days); consequential repeal of section 8 of the Trade Union Act 2016

  24. Section 234B2 changes, 6 deletions

    234B–234G Minimum service levels for certain services

    whole MSL regime repealed; consequential changes to sections 219, 234A and italic headings; the Strikes (Minimum Service Levels) Act 2023 framework is removed in its entirety

  25. Section 2361 insertion

    After section 236: new sections

    new sections inserted in Part 5 — protection against detriment for taking industrial action (right not to be subjected to detriment by employer for participating in protected industrial action; tribunal remedies)

  26. Section 238A1 change, 4 deletions

    238A Protection for employees taking part in official industrial action

    subsections (3) to (7D) (12-week protected period and tapering protection) and subsection (9) deleted; paragraph (b) of (2) deleted; section 229(4) (timing) wording cut

    238B Conciliation and mediation: supplementary provisions

    section repealed

  27. Section 256D2 deletions

    256D Power to impose financial penalties + Schedule A4

    section 256D and Schedule A4 (penalty regime) repealed; consequential repeal of section 19(1)–(3) and Schedule 3 to the Trade Union Act 2016

  28. Section 257A1 deletion

    257A Levy payable to Certification Officer

    section repealed; section 258(1A) repealed; consequential repeal of section 20 of the Trade Union Act 2016

  29. Section 2852 changes

    285 Employment outside Great Britain

    1 … ordinarily works …
    1A … ordinarily works …
  30. Section 2931 change

    293 Regulations

    3 [substituted — extends consultation/negative-resolution procedure to Welsh Ministers in respect of devolved Welsh authorities]
  31. Section 297B2 deletions

    297B Devolved Welsh authorities

    section repealed; entry in the section 299 index of defined expressions deleted; section 1 of the Trade Union (Wales) Act 2017 (anaw 4) — which had inserted these provisions — also repealed

  32. Schedule A11 change

    Schedule A1 — Collective bargaining: recognition

    amended in accordance with Schedule 6

  33. Schedule A32 deletions

    Section 256C and Schedule A3 — Certification Officer’s investigatory powers

    section 256C and Schedule A3 (powers to require documents, appoint inspectors etc) repealed; cross-references in sections 25(6A), 45D and 256 updated

Procurement Act 2023

1 amendment · open Act

  1. part-51 insertion

    After Part 5 of the Procurement Act 2023: Part 5A

    new Part 5A — “Outsourcing: protection of workers” — inserted, requiring contracting authorities to ensure transferred workers’ terms are protected; supporting code/regulations

Working Time Regulations 1998

1 amendment · open Act

  1. part-II1 insertion

    After regulation 16A: new regulation

    new regulation requiring employers to keep adequate records to demonstrate compliance with annual leave entitlement provisions of the Regulations

Employment Agencies Act 1973

1 amendment · open Act

  1. Section 131 change

    13 Interpretation

    3 [Definition of “employment business” substituted with a broader formulation that captures, among other things, umbrella companies and other arrangements involving the supply of workers]

Seafarers' Wages Act 2023

1 amendment · open Act

  1. 1 change

    Seafarers' Wages Act 2023

    amended in accordance with Schedule 5

Merchant Shipping Act 1995

1 amendment · open Act

  1. Section 841 insertion

    After section 84: Part 3A

    new Part 3A — “International agreements relating to maritime employment” — inserted, with regulation-making powers to give effect to such agreements

Employment Relations Act 1999

1 amendment · open Act

  1. Section 31 change, 2 insertions, 1 deletion

    3 Blacklists

    1 … (b) by employers or employment agencies …

    subsection (2) unchanged

    2A (new — predictive “blacklists” / aggregator data covered)
    3 [new opening paragraph inserted before (a); paragraph (e): after “subsection (1)” insert “or (2A)”]

Trade Union Act 2016

1 amendment · open Act

  1. Section 41 deletion

    4 Provision for electronic balloting for industrial action: review and piloting scheme

    section repealed (does not affect existing power of Secretary of State to make orders under section 54 of the Employment Relations Act 2004)

Gangmasters (Licensing) Act 2004 / Immigration Act 2016

1 amendment · open Act

  1. Section 12 deletions

    Abolition of existing enforcement bodies

    the Gangmasters and Labour Abuse Authority (section 1 of the Gangmasters (Licensing) Act 2004) and the Director of Labour Market Enforcement (section 1 of the Immigration Act 2016) are abolished, with functions transferred to the Secretary of State under Part 5