The Employment Rights (Miscellaneous Amendments) Regulations 2019

JurisdictionUK Non-devolved
CitationSI 2019/731

2019 No. 731

Employment Tribunals

Terms And Conditions Of Employment

The Employment Rights (Miscellaneous Amendments) Regulations 2019

Made 28th March 2019

The Secretary of State in exercise of the powers conferred by section 12A(12)(a) of the Employment Tribunals Act 19961, section 23(2), (4)(c) and (d) and (5A) of the Employment Relations Act 19992and section 42(1) and (3)(a) and (b) of the Employment Relations Act 20043, makes the following Regulations.

In accordance with section 41(2) of the Employment Tribunals Act 19964, section 42(2) of the Employment Relations Act 1999 and section 42(8) of the Employment Relations Act 2004, a draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament.

1 CITATION AND COMMENCEMENT

PART 1

CITATION AND COMMENCEMENT

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1.—(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.

2 FINANCIAL PENALTIES

PART 2

FINANCIAL PENALTIES

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

Amendment to section 12A of the Employment Tribunals Act 1996

2.—(1) Section 12A (financial penalties) of the Employment Tribunals Act 19965is amended as follows.

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

(3) In subsection (5)(b)—

(a)

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

(b)

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

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

Application of regulation 2
S-3 Application of regulation 2

Application of regulation 2

3. 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.

3 STATEMENTS OF EMPLOYMENT PARTICULARS

PART 3

STATEMENTS OF EMPLOYMENT PARTICULARS

Amendment to the Employment Rights Act 1996
S-4 Amendment to the Employment Rights Act 1996

Amendment to the Employment Rights Act 1996

4. The Employment Rights Act 19966is amended as follows.

Amendment of section 1
S-5 Amendment of section 1

Amendment of section 1

5. 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”.

Amendment of section 2
S-6 Amendment of section 2

Amendment of section 2

6. 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”.

Amendment of section 3
S-7 Amendment of section 3

Amendment of section 3

7. In section 3(1)(a), (1)(aa), (1)(b)(i) and (ii) and (1)(c) (note about disciplinary procedures and pensions)7, for “the employee”, in each place it occurs, substitute “the worker”.

Amendment of section 4
S-8 Amendment of section 4

Amendment of section 4

8. 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,”.

Amendment of section 5
S-9 Amendment of section 5

Amendment of section 5

9. In section 5(1) and (2) (exclusion from rights to statements)8, for “an employee” substitute “a worker”.

Amendment of section 6
S-10 Amendment of section 6

Amendment of section 6

10. 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”.

Amendment of section 7A
S-11 Amendment of section 7A

Amendment of section 7A

11. In section 7A (right to statements of employment particulars)9

(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”.

Amendment of section 7B
S-12 Amendment of section 7B

Amendment of section 7B

12. In section 7B (giving of alternative documents before start of employment)10

(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”.

Amendment of section 11
S-13 Amendment of section 11

Amendment of section 11

13. In section 11 (references to employment tribunals)11

(a) for subsection (1) substitute—

S-1

“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) 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”.

Amendment of section 12
S-14 Amendment of section 12

Amendment of section 12

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

Application of regulations 4 to 14
S-15 Application of regulations 4 to 14

Application of regulations 4 to 14

15. 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.

4 INFORMATION AND CONSULTATION OF EMPLOYEES

PART 4

INFORMATION AND CONSULTATION OF EMPLOYEES

Amendment of the Information and Consultation of Employees Regulations 2004
S-16 Amendment of the Information and Consultation of Employees Regulations 2004

Amendment of the Information and Consultation of Employees Regulations 2004

16.—(1) The Information and Consultation of Employees Regulations 200413are 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%”.

5 CONSEQUENTIAL AMENDMENTS

PART 5

CONSEQUENTIAL AMENDMENTS

Consequential Amendments

Consequential Amendments

S-17 Section 38 of the Employment Act 2002 (failure to give...

17.—(1) Section 38 of the Employment Act 200214(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)

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

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