Employment Rights Act 1996
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| Long title | An Act to consolidate enactments relating to employment rights. |
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| Citation | 1996 c 18 |
| Territorial extent | England and Wales; Scotland; Northern Ireland |
| Dates | |
| Royal assent | 1996 |
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Status: Amended
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| Text of statute as originally enacted | |
| Text of the Employment Rights Act 1996 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
The Employment Rights Act 1996 (c 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law.
Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the Employment Protection Act 1975 and the Wages Act 1986. It deals with rights that most employees can get when they work, including unfair dismissal, reasonable notice before dismissal, time off rights for parenting, redundancy and more. It was amended substantially by the Labour government since 1997, to include the right to request flexible working time. This coincides with the Rights at Work Act 1995
An employee has an employment contract. ERA 1996 section 1(2) states, that the main terms of the contract must be in writing and provided to the employee within two months of the start of their employment. This document is called a "written statement of particulars". It confirms the main express terms of the employment contract. Whilst not definitive of the entire contract, the written statement is intended to be a guide for employees' of their rights, so that they know what kind of terms and conditions of employment to expect. But it is also meant to provide an evidential basis on which to bring a claim for the breach of some right in a court or employment tribunal.
Employees have a right to reasonable notice before having their contracts terminated under s.86. At present this means everyone should get a minimum of 1 week's notice before being dismissed if they have worked for the employer for more than a month. After 2 years, the minimum is 2 weeks' notice. After 3 years, 3 weeks' notice, and so on, up to a maximum of twelve weeks' notice. Many employees will have higher notice periods in their contracts, or under the protection of collective agreements established by the workplace union. It is important to note that these minimum periods are reciprocal - there is a "mutuality of obligation" - and so employees are also required to give such reasonable notice. However nothing prevents employers giving pay in lieu of notice if it is expressly provided for in the employee's contract of employment, staff handbook, or other relevant documents. Both parties can also agree within that period to waive their rights.
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