Last amended by Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 in 2020. Required written employment particulars to be provided from day one of employment rather than within 2 months.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Employment Rights Act 1996 is the cornerstone statute governing individual employment rights in England & Wales. It consolidated the Employment Protection (Consolidation) Act 1978 and other legislation into a single comprehensive Act. It covers employment particulars, protection of wages, Sunday working, time off rights, suspension from work, maternity rights, dismissal (including unfair dismissal and redundancy), and whistleblowing protection. It has been extensively amended, notably by the Employment Relations Act 1999 and the Employment Act 2002.
Key Points
- Right to a written statement of employment particulars within 2 months of starting (s.1) — from April 2020, this must be provided on or before the first day of employment
- Protection from unauthorised deductions from wages (s.13)
- Right not to be unfairly dismissed for employees with qualifying service (s.94)
- Potentially fair reasons for dismissal: capability, conduct, redundancy, statutory restriction, SOSR (s.98)
- Right to statutory redundancy payment with 2+ years' service (s.135)
- Protection for whistleblowers making qualifying disclosures (Part IVA, ss.43A–43L)
- Right to request flexible working for all employees with 26 weeks' service (s.80F)
- Automatically unfair dismissal for specified reasons including pregnancy, whistleblowing, and asserting statutory rights (s.99, s.103A, s.104)
Parts & Sections
Amendments History
1999 — Employment Relations Act 1999
Reduced the unfair dismissal qualifying period from 2 years to 1 year (subsequently restored to 2 years in 2012). Introduced the right to be accompanied at disciplinary and grievance hearings.
2002 — Employment Act 2002
Introduced statutory dispute resolution procedures (subsequently repealed in 2009). Extended maternity and paternity leave provisions.
2013 — Enterprise and Regulatory Reform Act 2013
Introduced the requirement for ACAS early conciliation before bringing most employment tribunal claims. Increased the unfair dismissal qualifying period back to 2 years.
2020 — Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018
Required written employment particulars to be provided from day one of employment rather than within 2 months.
Frequently asked questions
- When do I need to receive a written statement of my employment details?
- Employers must provide a written statement of employment particulars on or before the first day of employment. This statement must include the names of the parties, the start date, pay details, hours, holiday entitlement, job title, place of work, and notice periods. If any of these details change, the employer must provide a written statement of the change at the earliest opportunity and no later than one month after the change.
- Can my employer take money from my wages without my permission?
- An employer cannot deduct money from your wages unless it is required by law, authorised by a specific provision in your contract, or you have previously agreed in writing. If you believe an unauthorised deduction has occurred, you can present a complaint to an employment tribunal. This complaint must be brought within three months of the deduction, subject to the requirement for ACAS early conciliation.
- How long do I need to work for a company before I can claim unfair dismissal?
- To claim unfair dismissal, you generally need to have been continuously employed for the qualifying period, which is currently two years. However, there are exceptions where no qualifying period is required. For example, dismissal is automatically unfair if the principal reason is that you made a protected disclosure (whistleblowing), or if it relates to pregnancy or asserting statutory rights.
- What are the requirements for receiving a statutory redundancy payment?
- You are entitled to a statutory redundancy payment if you are dismissed by reason of redundancy and have been continuously employed for two or more years. The payment amount depends on your age, length of service (capped at 20 years), and weekly pay, subject to a statutory cap. You may lose this right if you unreasonably refuse an offer of suitable alternative employment, though you have a four-week trial period in the new role.
- What makes a dismissal legally fair?
- A dismissal is considered fair if the employer demonstrates a potentially fair reason, such as capability, conduct, redundancy, statutory restriction, or some other substantial reason. Additionally, the employer must have acted reasonably in treating that reason as sufficient for dismissal, taking into account equity and the substantial merits of the case. The 'range of reasonable responses' test is applied to assess this fairness.