- Access
means— a physical entry into a workplace;
- Access agreement
means— a terms on which the union is (or unions are) to have access to the workers constituting the bargaining unit and which are agreed between the parties under paragraph 116B during the negotiation period, or b terms on which the union is (or unions are) to have access to the workers constituting the bargaining unit and which are decided by the CAC under paragraph 116C, and such an agreement is to be treated as “entered into” when the terms are so agreed or decided. 3 The parties must comply with the access agreement. 4 The employer must refrain from making any offer to any or all of the workers constituting the bargaining unit which— a has or is likely to have the effect of inducing any or all of them not to attend any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, and b is not reasonable in the circumstances. 5 The employer must refrain from taking, or threatening to take, any action against a worker solely or mainly on the grounds that the worker— a attended or took part in any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, or b indicated an intention to atte
- access request
means a request under subsection (1) given in accordance with subsection (3);
- agency worker
has the same meaning as in Part 2A (see section 27BV);
- appointed person
means— i a person appointed to handle communications under paragraph 19C, or ii a person appointed to conduct a ballot under paragraph 25;
- appropriate authority
has the meaning given in section 83A(2);
- appropriate service chief
means— (a) the Director-General of the Security Service, in the case of information obtained from, or relating to, that Service or a person acting on its behalf;
- bereavement leave
means leave under section 80EA;”
- business
includes— (a) a trade or profession, and (b) any activity carried on by a body of persons (whether corporate or unincorporated);
- certificate of independence
means a certificate issued under section 6 of the Trade Union and Labour Relations (Consolidation) Act 1992.”
- civil proceedings function
means a function under or by virtue of section 116 or 117 (powers in relation to civil proceedings);
- communications
means—
- consent
has the same meaning as in the UK GDPR (see Article 4(11) of the UK GDPR);
- contract
means a contract whether express or implied and (if it is express) whether oral or in writing;
- contract of employment
means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing;
- contract regulated by Scottish procurement legislation
means a contract the procurement of which by a devolved Scottish authority is regulated by Scottish procurement legislation;
- contracting authority
means a devolved Scottish authority that is a contracting authority within the meaning of the relevant Scottish procurement legislation;
- crime
means conduct which—
- Crown premises
means premises held, or used, by or on behalf of the Crown.
- date of dismissal
has the meaning given by section 238(5).”
- declaration
(without more) means— (a) an equivalence declaration, (b) a remuneration declaration, or (c) a safe working declaration;”
- discrimination
means discrimination within any of sections 13, 15 to 19A and 21(2) of the Equality Act 2010;
- electronic address
means any number or address used for the purposes of sending or receiving documents or information by electronic means;
- employee
means an individual who is an employee within the meaning of section 230(1) of the Employment Rights Act 1996 or Article 3(1) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16));
- employer
means any of the following—
- employment
means employment under a worker’s contract;
- 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;
- 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;
- enactment
means an enactment whenever passed or made, and includes— (a) an enactment contained in subordinate legislation, (b) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, (c) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and (d) an enactment contained in, or in an instrument made under, Northern Ireland legislation;
- enforcement function
means— (a) an enforcement function of the Secretary of State, or (b) a power of an enforcement officer (other than a power by virtue of section 116);
- enforcement officer
means a person appointed by the Secretary of State under section 90 of the Employment Rights Act 2025. 3 Regulations under this section may, in particular— a apply (with or without modifications), or make provision similar to, any provision of or made under this Part;
- enforcement purpose
means— (a) the purpose of enabling the Secretary of State to determine whether to exercise any enforcement function;
- enforcing authority
means the Secretary of State or an enforcement officer.
- English local authority
means— (a) a county council or district council in England;
- equipment
includes software.
- excluded worker
means a worker who is of a specified description. 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
- financial year
means— (a) the period beginning with the day on which this section comes into force and ending with the following 31 March, and (b) each successive period of 12 months.
- framework agreement
has the same meaning as in the relevant Scottish procurement legislation;
- GCHQ
has the same meaning as in the Intelligence Services Act 1994;
- harassment
means harassment of the kind described in subsection (1), (2) or (3) of section 26 of that Act;
- harbour
has the same meaning as in the Harbours Act 1964;
- heritage railway
means a railway which— (a) is operated for the purposes of— (a) preserving, recreating or simulating railways of the past, or (b) demonstrating or operating historical or special types of motive power or rolling stock, and (b) is exclusively or primarily used for recreational or educational purposes;
- industrial action ballot
means a ballot for the purposes of section 226 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ballots on industrial action).
- intelligence service
means— (a) the Security Service;
- intelligence service disclosure arrangements
means— (a) arrangements made by the Director-General of the Security Service under section 2(2)(a) of the Security Service Act 1989 about the disclosure of information by that Service;
- intelligence service information
means information obtained directly or indirectly from, or that relates to, an intelligence service or a person acting on behalf of an intelligence service.
- justice
means— (a) in relation to England and Wales, a justice of the peace;
- labour abuse prevention officer
has the meaning given by section 114B of PACE (as that section had effect immediately before the relevant day);
- labour market offence
has the same meaning as in Part 5 of the Employment Rights Act 2025;”
- live birth
means the birth of a child born alive;
- local authority
means— (a) an English local authority, (b) a Welsh local authority, or (c) a Scottish local authority;
- national minimum wage information
means information obtained by an enforcing authority for the purposes of enforcing any provision of the National Minimum Wage Act 1998;
- Negotiating Body
has the meaning given by section 39(5);
- non-compliance with relevant labour market legislation
has the meaning given by section 150;
- notice of a shift
means notice of how many hours are to be worked and when the shift is to start and end. 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;
- notice of underpayment
has the meaning given by section 103(2);
- offshore installation
has the same meaning as in the Mineral Workings (Offshore Installations) Act 1971;
- partner
includes a person purporting to act as a partner.
- penalty
means a penalty payable under a notice of underpayment.
- Personal data
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). 10 An access agreement is to be conclusively presumed not to have been intended by the parties to be a legally enforceable contract;
- pregnancy loss
means— (a) the ending of a pregnancy after less than twenty-four weeks of pregnancy in any way other than by a live birth, or (b) 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;
- premises
includes any place and, in particular, includes—
- primary legislation
means—
- public authority
means a person certain of whose functions are functions of a public nature.
- public sector employer
means a person that— (a) is wholly or mainly funded from public funds, (b) is under a statutory duty to carry out any functions of a public nature, and (c) so far as carrying out those functions, does not operate on a commercial basis;
- qualifying reason
means— (a) a reason of the type mentioned in section 98(1)(b), or (b) 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;
- railway
includes a tramway;
- reference period
has the same meaning as in Chapter 2 of Part 2A (see section 27BA(4)).”
- regulations
means regulations under section 84A. 2 Regulations— a may make provision in terms of approvals given by the Secretary of State or another person and in terms of any document which the Secretary of State or that other person considers relevant;
- relevant ballot
means any ballot that is or may be held in which workers are asked whether they want the union (or unions) to conduct collective bargaining on their behalf, and b “relevant worker” means any worker who is or would be entitled to vote in a relevant ballot. 4 For the purposes of sub-paragraph (2)(e) an “outcome-specific offer” is an offer to pay money, or give money’s worth, which— a is conditional on the issuing by the CAC of a declaration that— i the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, or ii the union is (or unions are) not entitled to be so recognised, and b is not conditional on anything which is done or occurs as a result of the declaration in question. 5 The duty imposed by this paragraph does not confer any rights on a worker;
- relevant complaints function
means a function in relation to the exercise of functions by enforcement officers.”
- 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;
- relevant contravention
means a contravention of section 6 of the Gangmasters (Licensing) Act 2004 (prohibition of unlicensed activities), so far as it applies in relation to England and Wales and Scotland;
- relevant criminal proceedings
means proceedings against the person for a labour market offence in respect of any act or omission to which the notice relates (“the relevant conduct”).
- relevant intervention direction
means— (a) 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);
- relevant labour market legislation
means the labour market legislation listed in Part 1 of Schedule 7;
- relevant limit
means a limit on the amount of compensation payable by virtue of a relevant provision that is specified in the provision in consequence of that repeal;
- relevant offence
means—
- 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 b
- relevant person
means—
- relevant premises
means any premises which an enforcement officer has reasonable grounds to believe are— (a) premises where a person acting as a gangmaster, or a person supplied with workers or services by a person acting as a gangmaster, carries on business, or (b) premises which such a person uses in connection with the person’s business;
- relevant protected characteristic
means age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex or sexual orientation, each of which is to be read in accordance with the Equality Act 2010;
- relevant provision
means—
- relevant service
has the meaning given by section 1;”
- relevant sum
means a sum specified in a relevant provision, in consequence of the repeal of that section, for the purposes of limiting the amount of compensation payable by virtue of the provision;
- relevant three-year period
means— (a) the period of three years beginning with the next 1 April after the day on which this section comes into force;
- relevant worker
means any worker who is or would be entitled to vote in a relevant ballot. 4 For the purposes of sub-paragraph (2)(e) an “outcome-specific offer” is an offer to pay money, or give money’s worth, which— a is conditional on— i the issuing by the CAC of a declaration that the bargaining arrangements are to cease to have effect, or ii the refusal by the CAC of an application under paragraph 106, 107 or 112, and b is not conditional on anything which is done or occurs as a result of that declaration, or, as the case may be, of that refusal. 5 For the purposes of this paragraph and paragraphs 116I to 116K as they apply in relation to an application under paragraph 112, references to a party are to be read as including references to the worker or workers making the application. 6 The duty imposed by this paragraph does not confer any rights on a worker;
- remedial order
means an order under this sub-paragraph. 3 If— a the CAC is satisfied that the employer has failed to comply with a remedial order, and b the application under paragraph 11 or 12 is in progress, the CAC must, as soon as reasonably practicable, notify the employer and the union (or unions) that it is satisfied that the employer has failed to comply. 4 A remedial order and a notice under sub-paragraph (3) must draw the recipient’s attention to the effect of sub-paragraphs (5) and (6). 5 Sub-paragraph (6) applies if— a the CAC is satisfied that the employer has failed to comply with a remedial order, b the application under paragraph 11 or 12 is in progress, c the parties have agreed an appropriate bargaining unit or the CAC has decided an appropriate bargaining unit, and d in the case of an application under paragraph 11(2) or 12(2), the CAC, if required to do so, has decided under paragraph 20 that the application is not invalid. 6 The CAC may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit. 7 For the purposes of this paragraph, an application unde
- remuneration declaration
has the meaning given by section 4C(1);
- remuneration regulations
has the meaning given by section 4A(2);
- renewable energy installation
has the meaning given by section 104 of the Energy Act 2004.
- repealed provision
means a provision repealed by Part 1 of Schedule 10.
- response notice
means a notice under subsection (4) given in accordance with subsection (5). 70ZC In sections 70ZD and 70ZE— a “the response period” means a prescribed period beginning with the day on which an access request is given;
- 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));
- revenue and customs information relating to a person
has the meaning given by section 19(2) of the Commissioners for Revenue and Customs Act 2005.
- safe working declaration
has the meaning given by section 4G(1);
- safe working regulations
has the meaning given by section 4E(6);”
- Scottish local authority
means a council constituted under section 2 of the Local Government etc.
- seafarer
means a person who works on a ship providing a relevant service. 2 Regulations may specify conditions relating to the working pattern and rest requirements of seafarers who carry out work relating to the provision of a relevant service, including conditions about— a their maximum periods of work in a specified period;
- sexual harassment
means harassment of the kind described in section 26(2) (unwanted conduct of a sexual nature);
- ship
has the same meaning as in section 193A (see subsection (4) of that section).”
- 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);
- slavery and trafficking prevention order
has the same meaning as in the 2015 Act.
- slavery and trafficking risk order
has the same meaning as in the 2015 Act.
- 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.
- social care worker
means—
- special constable
means— (a) a person appointed as a special constable for a police area in England and Wales, (b) 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 (c) 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).
- specified
means specified in the regulations.”
- statutory duty
means a duty imposed by or under any enactment, including— (a) a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, and (b) an Act of the Scottish Parliament;
- statutory pay provision
means a provision of relevant labour market legislation that—
- subordinate legislation
has the meaning given by section 21(1) of the Interpretation Act 1978;
- supplier
means an economic operator within the meaning of the relevant Scottish procurement legislation;
- the 1996 Act
means the Employment Rights Act 1996. 6 Regulations prescribing anything for the purposes of this section (see section 293(1)) may make different provision for different purposes. 7 See section 38 of the Employment Act 2002 for the effect of failing to give a statement in accordance with this section.”
- the Advisory Board
means the Advisory Board established under section 93;
- the appropriate authority
has the meaning given by section 39(5);
- the appropriate legislature
means— (a) in the case of regulations of the Secretary of State, Parliament;
- the appropriate rate
means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838.
- the commencement day
means the day on which the repeal of sections 14 to 30 of the 2016 Act comes into force;
- the court
means— (a) the county court, in relation to England and Wales;
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
- the Director
means the Director of Labour Market Enforcement;
- the GLAA
means the Gangmasters and Labour Abuse Authority.
- the maximum term for summary offences
means—
- the negotiation period
means a prescribed period beginning with the day on which a response notice is given. 70ZD 1 An access agreement is entered into under this section if— a a qualifying trade union gives an access request to an employer, b the employer gives the union a response notice before the end of the response period, c before the end of the negotiation period, the union and the employer agree in writing terms on which officials of the union are to have access, and d the union and the employer jointly notify the Central Arbitration Committee of those terms in the prescribed form and manner. 2 See section 70ZE for the case where an access agreement is treated as being entered into by virtue of a determination of the Central Arbitration Committee. 70ZE 1 This section applies if a qualifying trade union has given an access request to an employer and either— a the employer has not given a response notice to the union before the end of the response period, or b the employer has given a response notice before the end of the response period and the negotiation period has ended without the union and the employer agreeing in writing terms on which officials of the union are to h
- the parties
includes the worker or workers making the application. 119ZC 1 This paragraph applies if— a the union has (or unions have) been informed of a ballot under paragraph 117(11), b the CAC issues a declaration that a complaint under paragraph 116I is well-founded, and c the CAC— i makes arrangements under paragraph 116J(5), ii refuses under paragraph 116K(4)(a) or (6) an application under paragraph 106, 107 or 112, or iii issues a declaration under paragraph 116K(5). 2 If the ballot has not been held, the CAC must take steps to cancel it. 3 If the ballot is held, it is to have no effect. 119ZD 1 This paragraph applies if— a the CAC makes arrangements under paragraph 116J(5), and b t
- the relevant 12-month period
means the period of 12 months beginning with the day on which this Act is passed.
- the relevant 28-day period
means the period of 28 days beginning with the day on which the notice (or, where section 110(7)(b) applies, the rectified notice) is given.
- the relevant day
means— a in a case where— i a political resolution is passed on a ballot held at a time when no such resolution is in force, and ii the opt-out notice is given before the end of the period of four weeks beginning with the day on which an opt-out information notice is given to the member under section 84A, the day on which the opt-out notice is given;
- the relevant enactment
means the enactment under which the labour market offence concerned has been or is being committed.
- 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;
- the relevant period
means the period of 12 months beginning with the date of the declaration. 4 A complaint under subsection (2) must be made before the end of the period of three months beginning with the day on which the alleged conduct occurs. 5 On a complaint about a person under subsection (2), the Central Arbitration Committee may— a make a declaration that the complaint is or is not well-founded;
- 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.”
- the relevant Scottish procurement legislation
means the Scottish procurement legislation regulating the procurement of the contract. 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;
- the required percentage
means 10%. 2 The Secretary of State may by regulations amend this paragraph so that the required percentage is a percentage— a not greater than 10%, and b not less than 2%. 3 Regulations under sub-paragraph (2)— a are to be made by statutory instrument;
- the response period
means a prescribed period beginning with the day on which an access request is given;
- third party
means a person other than— a A, or b an employee of A.”
- trade union
has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 1 of that Act);
- transferred matter
has the meaning given by section 4(1) of that Act.
- tribunal
means— (a) an employment tribunal, in relation to England and Wales or Scotland;
- Welsh local authority
means— (a) a county council or county borough council in Wales;
- 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.”
- worker
has the same meaning as in the Gangmasters (Licensing) Act 2004 (see section 26 of that Act).
- working day
means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
- zero hours arrangement
means an arrangement under which— (a) 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 (b) 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— (a) the undertaking to do work is an undertaking to do so conditionally on the employer making work available to the worker, and (b) 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;