Contents
Part 1 · Citation and commencement
Part 2 · Financial penalties
2Amendment 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”.
Part 3 · Statements of employment particulars
5Amendment 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”.
6Amendment 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”.
7Amendment 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”.
8Amendment 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,”.
9Amendment of section 5#
In section 5(1) and (2) (exclusion from rights to statements), for “an employee” substitute “a worker”.
10Amendment 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”.
11Amendment 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”.
12Amendment 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”.
13Amendment 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”.
14Amendment of section 12#
In section 12(1) and (2) (determination of references), for “employee” substitute “worker”.
15Application 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.
Part 4 · Information and consultation of employees
16Amendment 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%”.
Part 5 · Consequential amendments
17Consequential 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; andb 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.”
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