UKPGA-2002-22 Employment Act 2002 UK

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in subsection (5)(a) (adjustments in respect of certain administrative expenses of the Board), after “above” there is inserted “ , or in carrying into effect any other legislation relating to statutory paternity pay or statutory adoption pay, ”.

make provision for a person who has made a payment of statutory paternity pay, statutory adoption pay , statutory shared parental pay, statutory parental bereavement pay or statutory neonatal care pay to be entitled, except in such circumstances as the regulations may provide, to recover an amount equal to the sum of—

include provision for a person who has made a payment of statutory paternity pay, statutory adoption pay , statutory shared parental pay, statutory parental bereavement pay or statutory neonatal care pay qualifying for small employers’ relief to be entitled, except in such circumstances as the regulations may provide, to recover an additional amount equal to the amount to which the person would have been entitled under section 167(2)(b) of the Social Security Contributions and Benefits Act 1992 (corresponding provision for statutory maternity pay) had the payment been a payment of statutory maternity pay.

the period for which the payment of statutory paternity pay is made,

the payee's adoption pay period,...

the period for which the payment of statutory shared parental pay is made,...

the period for which the payment of statutory parental bereavement pay is made , or

the period for which the payment of statutory neonatal care pay is made,

make provision for funding in advance as well as in arrear;

make provision for funding, or the recovery of amounts due under provision made by virtue of subsection (2)(b), by means of deductions from such amounts for which employers are accountable to the Board as the regulations may provide, or otherwise;

make provision for the recovery by the Board of any sums overpaid to employers under the regulations.

as having been paid (on such date as may be determined in accordance with the regulations), and

as having been received by the Board,

about the records to be kept by employers in relation to payments of statutory paternity pay and statutory paternity pay, , statutory shared parental pay, statutory parental bereavement pay and statutory neonatal care pay, including the length of time for which they are to be retained;

for the production of wages sheets and other documents and records to officers of the Board for the purpose of enabling them to satisfy themselves that statutory paternity pay, statutory adoption pay , statutory shared parental pay, statutory parental bereavement pay and statutory neonatal care pay have been paid and are being paid, in accordance with the regulations, to employees who are entitled to them;

for requiring employers to provide information to employees (in their itemised pay statements or otherwise);

for requiring employers to make returns to the Board containing such particulars with respect to payments of statutory paternity pay, statutory adoption pay , statutory shared parental pay, statutory parental bereavement pay and statutory neonatal care pay as the regulations may provide.

in paragraph (f) (issues relating to entitlement to statutory sick pay or statutory maternity pay), for “or statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay or statutory adoption pay ”,

in paragraph (g) (other issues relating to those matters) for the words from “under Part” to the end there is substituted “ under Parts 11 to 12ZB of the Social Security Contributions and Benefits Act 1992 (statutory sick pay, statutory maternity pay, statutory paternity pay and statutory adoption pay) ”, and

after that paragraph there is inserted—.

in subsection (1)(a)(i) (power to make regulations as respects such matters relating to statutory sick pay or statutory maternity pay), for “or statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay or statutory adoption pay ”, and

in subsection (3) (regulations relating to statutory sick pay or statutory maternity pay to be made with the concurrence of the Secretary of State), for “or statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay or statutory adoption pay ”.

any person claiming to be entitled to statutory paternity pay, statutory adoption pay , statutory shared parental pay, statutory parental bereavement pay or statutory neonatal care pay,

any person who is, or has been, the spouse or partner of such a person as is mentioned in paragraph (a),

any person who is, or has been, an employer of such a person as is mentioned in paragraph (a),

any person carrying on an agency or other business for the introduction or supply to persons requiring them of persons available to do work or to perform services, and

any person who is a servant or agent of any such person as is specified in paragraphs (a) to (d).

fails to produce any document or record, provide any information or make any return, in accordance with regulations under section 8, or

fails to provide any information or document in accordance with regulations under section 10,

a penalty not exceeding £300, and

if the failure continues after a penalty is imposed under paragraph (a), a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which the penalty under that paragraph was imposed (but excluding any day for which a penalty under this paragraph has already been imposed).

makes any incorrect statement or declaration in connection with establishing entitlement to ... statutory paternity pay or statutory parental bereavement pay, or

provides any incorrect information or document of a kind mentioned in regulations under section 10(1) so far as relating to ... statutory paternity pay, or statutory parental bereavement pay

makes any incorrect statement or declaration in connection with establishing entitlement to statutory adoption pay , statutory shared parental pay or statutory neonatal care pay, or

provides any incorrect information or document of a kind mentioned in regulations under section 10(1) so far as relating to statutory adoption pay , statutory shared parental pay or statutory neonatal care pay,

produces any incorrect document or record, provides any incorrect information or makes any incorrect return, of a kind mentioned in regulations under section 8È, or

receives incorrect payments in pursuance of regulations under section 7,

by the Board, or

by a person providing services to the Board, in connection with the provision of those services.

to the Secretary of State, ... or the Department, or

to a person providing services to the Secretary of State, ... or the Department,

by the Secretary of State or the Department, or

by a person providing services to the Secretary of State or the Department, in connection with the provision of those services.

to the Board, or

to a person providing services to the Board,

by the Board, or

by a person providing services to the Board, in connection with the provision of those services,

the functions of the Board in relation to .... statutory paternity pay;

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their functions in relation to statutory adoption pay; ...

their functions in relation to statutory shared parental pay;...

their functions in relation to statutory parental bereavement pay;...

their functions in relation to statutory neonatal care pay; and

their functions in relation to tax, contributions, statutory sick pay, statutory maternity pay or tax credits, or functions under Part 3 of the Pension Schemes Act 1993 (c. 48) (schemes that were contracted-out etc) or Part 3 of the Pension Schemes (Northern Ireland) Act 1993 (c. 49) (corresponding provisions for Northern Ireland).

in paragraph (a), after “entitled” there is inserted “ , for such purposes and to such extent as may be prescribed, ”,

in paragraph (b), after “bound” there is inserted “ , for such purposes and to such extent as may be prescribed ”, and

for paragraph (c) there is substituted—

after “section” (where it first appears) there is inserted “ 71 or ”,

in paragraph (a), after “section” there is inserted “ 71(4)(c) or ”, and

in paragraph (b), after “an” there is inserted “ ordinary or ”.

in subsection (2)(a), the words “, wholly or partly because of pregnancy or confinement” are omitted;

for subsection (4) there is substituted—;

in paragraph (e) of subsection (9), for sub-paragraphs (i) to (iii) there is substituted “in such cases as may be prescribed”; and

after that paragraph there is inserted—.

the employment tribunal finds in favour of the worker, but makes no award to him in respect of the claim to which the proceedings relate, and

when the proceedings were begun the employer was in breach of his duty to the worker under section 1(1) or 4(1) of the Employment Rights Act 1996 (c. 18) (duty to give a written statement of initial employment particulars or of particulars of change or(in the case of a claim by an worker) under section 41B or 41C of that Act (duty to give a written statement in relation to rights not to work on Sunday),

the employment tribunal makes an award to the worker in respect of the claim to which the proceedings relate, and

when the proceedings were begun the employer was in breach of his duty to the worker under section 1(1) or 4(1) of the Employment Rights Act 1996 or(in the case of a claim by an worker) under section 41B or 41C of that Act,

references to the minimum amount are to an amount equal to two weeks’ pay, and

references to the higher amount are to an amount equal to four weeks’ pay.

be calculated for the purposes of this section in accordance with Chapter 2 of Part 14 of the Employment Rights Act 1996 (c. 18), and

not exceed the amount for the time being specified in section 227 of that Act (maximum amount of week’s pay).

as if a reference to an employee were a reference to a worker; and

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.

if the worker was employed by the employer on the date the proceedings were begun, that date, and

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.

amend Schedule 5 for the purpose of—

make provision, in relation to a jurisdiction listed in Schedule 5, for this section not to apply to proceedings relating to claims of a description specified in the order;

make provision for this section to apply, with or without modifications, as if—

for the purpose of securing that employees in fixed-term employment are treated, for such purposes and to such extent as the regulations may specify, no less favourably than employees in permanent employment, and

for the purpose of preventing abuse arising from the use of successive periods of fixed-term employment.

specify classes of employee who are to be taken to be, or not to be, in fixed-term employment;

specify classes of employee who are to be taken to be, or not to be, in permanent employment;

specify circumstances in which employees in fixed-term employment are to be taken to be, or not to be, treated less favourably than employees in permanent employment;

specify circumstances in which periods of fixed-term employment are to be taken to be, or not to be, successive;

specify circumstances in which fixed-term employment is to have effect as permanent employment;

make provision which has effect in relation to employees in fixed-term employment generally or provision which has effect only in relation to specified classes of employee in fixed-term employment.

confer jurisdiction (including exclusive jurisdiction) on employment tribunals;

provide for specified obligations not to apply in specified circumstances;

make provision about notices or information to be given, evidence to be produced and other procedures to be followed;

amend, apply with or without modifications, or make provision similar to any provision of—

provide for the provisions of specified agreements to have effect in place of provisions of the regulations to such extent and in such circumstances as may be specified.

“employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment, and

“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.

for the purpose of securing that employees in fixed-term employment are treated, for such purposes and to such extent as the regulations may specify, no less favourably than employees in permanent employment, and

for the purpose of preventing abuse arising from the use of successive periods of fixed-term employment.

specify classes of employee who are to be taken to be, or not to be, in fixed-term employment;

specify classes of employee who are to be taken to be, or not to be, in permanent employment;

specify circumstances in which employees in fixed-term employment are to be taken to be, or not to be, treated less favourably than employees in permanent employment;

specify circumstances in which periods of fixed-term employment are to be taken to be, or not to be, successive;

specify circumstances in which fixed-term employment is to have effect as permanent employment;

make provision which has effect in relation to employees in fixed-term employment generally or provision which has effect only in relation to specified classes of employee in fixed-term employment.

confer jurisdiction (including exclusive jurisdiction) on industrial tribunals;

provide for specified obligations not to apply in specified circumstances;

make provision about notices or information to be given, evidence to be produced and other procedures to be followed;

amend, apply with or without modifications, or make provision similar to any provision of—

provide for the provisions of specified agreements to have effect in place of provisions of the regulations to such extent and in such circumstances as may be specified.

to make different provision for different cases or circumstances;

to make such incidental, supplementary, consequential or transitional provision as the Department for Employment and Learning thinks fit, including provision amending an enactment.

“employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment, and

“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.

for subsections (1) to (3) there is substituted—;

in paragraph (c)(i) of subsection (5), for “the lower earnings limit” there is substituted “ an amount 90 per cent of which is equal to the weekly rate prescribed under section 166(1)(b) below that is ”; and

after that subsection there is inserted—

to make different provision for different cases or circumstances;

to make such incidental, supplementary, consequential or transitional provision as the Secretary of State thinks fit.

any expenses incurred by a Minister of the Crown or government department in consequence of this Act, and

any increase attributable to this Act in the sums so provided under any other Act.

the coming into force of section 19 or 48, or Schedule 7 so far as relating to any amendment made in consequence of either of those sections; or

the operation of any enactment amended by any of those provisions during any period when the amendment is not wholly in force.

section 5;

sections 13 to 15, and section 16 so far as relating thereto;

paragraphs 1, 4, 9 and 10 of Schedule 6, and section 50 so far as relating thereto;

sections 51 and 52;

paragraphs 1, 50, 52 and 53 of Schedule 7, and section 53 so far as relating thereto;

Schedule 8, so far as relating to the repeal of section 3(3) of the Social Security Act 1998 (c. 14), and section 54 so far as relating thereto;

this section.

sections 21(2) and 46;

paragraphs 7, 8, 12 and 14 of Schedule 6, and section 50 so far as relating thereto;

paragraph 17 of Schedule 7, and section 53 so far as relating thereto;

Schedule 8, so far as relating to—and section 54 so far as relating thereto.

imposing a penalty under section 11 or 12, and

setting it at such amount as, in his opinion, is correct or appropriate.

if it appears ... that no penalty has been incurred, set the determination aside;

if the amount determined appears ... to be appropriate, confirm the determination;

if the amount determined appears ... to be excessive, reduce it to such other amount (including nil) as the tribunal considers appropriate;

if the amount determined appears ... to be insufficient, increase it to such amount not exceeding the permitted maximum as the tribunal considers appropriate.

if it appears that no penalty has been incurred, set the determination aside;

if the amount determined appears to be appropriate, confirm the determination;

if the amount determined appears to be excessive, reduce it to such other amount (including nil) as the Upper Tribunal considers appropriate;

if the amount determined appears to be insufficient, increase it to such amount not exceeding the permitted maximum as the Upper Tribunal considers appropriate.

in England and Wales, in the name of the Attorney General, and

in Scotland, in the name of the Advocate General for Scotland.

The Board may in their discretion mitigate any penalty under section 11 or 12, or stay or compound any proceedings for a penalty, and may also, after judgment, further mitigate or entirely remit the penalty.

A penalty under section 11 or 12 may be determined by an officer of the Board, or proceedings for the penalty may be commenced before the tribunal or the court, at any time within six years after the date on which the penalty was incurred or began to be incurred.

In this Schedule—“the Board” means the Commissioners of Inland Revenue;............

Section 2 of the Equal Pay Act 1970 (c. 41) (equality clauses) Section 63 of the Sex Discrimination Act 1975 (c. 65) (discrimination in the employment field) Section 54 of the Race Relations Act 1976 (c. 74) (discrimination in the employment field) Section 145A of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements relating to union membership or activities) Section 145B of that Act (inducements relating to collective bargaining) Section 146 of that Act (detriment in relation to union membership and activities) Paragraph 156 of Schedule A1 to that Act (detriment in relation to union recognition rights) Section 17A of the Disability Discrimination Act 1995 (discrimination in the employment field) Section 23 of the Employment Rights Act 1996 (c. 18) (unauthorised deductions and payments) Section 48 of that Act (detriment in employment) Section 111 of that Act (unfair dismissal) Section 163 of that Act (redundancy payments) Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to national minimum wage)... The Employment Tribunal Extension of Jurisdiction (England and Wales) Order 1994 ( S.I. 1994/1623) (breach of employment contract and termination) The Employment Tribunal Extension of Jurisdiction (Scotland) Order 1994 ( S.I. 1994/1624) (corresponding provision for Scotland) Regulation 30 of the Working Time Regulations 1998 ( S.I. 1998/1833) (breach of regulations) Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 ( S.I. 1999/3323) (detriment relating to European Works Councils) Regulation 28 of the Employment Equality (Sexual Orientation) Regulations 2003 (discrimination in the employment field) Regulation 28 of the Employment Equality (Religion or Belief) Regulations 2003 (discrimination in the employment field) Regulation 45 of the European Public Limited-Liability Company Regulations 2004 ( S.I. 2004/2326 ) (detriment in employment). Regulation 33 of the Information and Consultation of Employees Regulations 2004 ( S.I. 2004/3426 ) (detriment in employment). Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 ( S.I. 2006/349 ) (detriment in employment) Regulation 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (detriment in relation to involvement in a European Cooperative Society) Regulation 36 of the Employment Equality (Age) Regulations 2006 (discrimination in the employment field) Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 (detriment in relation to special negotiating body or employee participation) Regulation 17 of the Cross-border Railways Services (Working Time) Regulations 2008 (breach of regulations)

Section 2 of the Equal Pay Act 1970 (c. 41) (equality clauses) Section 63 of the Sex Discrimination Act 1975 (c. 65) (discrimination in the employment field) Section 54 of the Race Relations Act 1976 (c. 74) (discrimination in the employment field) Section 145A of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements relating to union membership or activities) Section 145B of that Act (inducements relating to collective bargaining) Section 146 of that Act (detriment in relation to union membership and activities) Paragraph 156 of Schedule A1 to that Act (detriment in relation to union recognition rights) Section 17A of the Disability Discrimination Act 1995 (discrimination in the employment field) Section 23 of the Employment Rights Act 1996 (c. 18) (unauthorised deductions and payments) Section 48 of that Act (detriment in employment) Section 111 of that Act (unfair dismissal) Section 163 of that Act (redundancy payments) Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to national minimum wage)... Regulation 30 of the Working Time Regulations 1998 (S.I. 1998/1833) (breach of regulations) Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323) (detriment relating to European Works Councils) Regulation 28 of the Employment Equality (Sexual Orientation) Regulations 2003 (discrimination in the employment field) Regulation 28 of the Employment Equality (Religion or Belief) Regulations 2003 (discrimination in the employment field) Regulation 45 of the European Public Limited-Liability Company Regulations 2004 ( S.I. 2004/2326 ) (detriment in employment) Regulation 33 of the Information and Consultation of Employees Regulations 2004 ( S.I. 2004/3426 ) (detriment in employment) Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 ( S.I. 2006/349 ) (detriment in employment) Regulation 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (detriment in relation to involvement in a European Cooperative Society) Regulation 36 of the Employment Equality (Age) Regulations 2006 (discrimination in the employment field) Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 (detriment in relation to special negotiating body or employee participation) Regulation 17 of the Cross-border Railways Services (Working Time) Regulations 2008 (breach of regulations)

......... Section 145A of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements relating to union membership or activities) Section 145B of that Act (inducements relating to collective bargaining) Section 146 of that Act (detriment in relation to union membership and activities) Paragraph 156 of Schedule A1 to that Act (detriment in relation to union recognition rights)... Section 23 of the Employment Rights Act 1996 (c. 18) (unauthorised deductions and payments) Section 48 of that Act (detriment in employment) Section 111 of that Act (unfair dismissal) Section 163 of that Act (redundancy payments) Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to national minimum wage)... The Employment Tribunal Extension of Jurisdiction (England and Wales) Order 1994 (S.I. 1994/1623) (breach of employment contract and termination) The Employment Tribunal Extension of Jurisdiction (Scotland) Order 1994 (S.I. 1994/1624) (corresponding provision for Scotland) Regulation 30 of the Working Time Regulations 1998 (S.I. 1998/1833) (breach of regulations) Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323) (detriment relating to European Works Councils)...... Regulation 45 of the European Public Limited-Liability Company Regulations 2004 (S.I. 2004/2326) (detriment in employment) Regulation 33 of the Information and Consultation of Employees Regulations 2004 (S.I. 2004/3426) (detriment in employment) Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (S.I. 2006/349) (detriment in employment) Regulation 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (detriment in relation to involvement in a European Cooperative Society)...... Regulation 17 of the Cross-border Railways Services (Working Time) Regulations 2008 (breach of regulations)“Sections 120 and 127 of the Equality Act 2010 (discrimination etc in work cases)”.

In section 3 of the Social Security Act 1998 (c. 14) (use of information)—

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in subsection (4), at the end there is inserted “or the Department for Employment and Learning in Northern Ireland”.

In section 122C of the Social Security Administration Act 1992 (c. 5) (supply of information to authorities administering benefit)—

in subsection (1), after “social security” there is inserted “ , child support or war pensions, or employment or training, ”; and

after subsection (7) there is inserted—

In section 122D of that Act (supply of information by authorities administering benefit), in subsection (1), after “social security” there is inserted “, child support or war pensions, or employment or training”.

Section 3(3) of the Social Security Act 1998 (c. 14) (which is superseded by paragraphs 2 and 3) shall cease to have effect.

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In section 121E of the Social Security Administration Act 1992 (c. 5) (supply of contributions etc. information held by Inland Revenue)—

in subsection (2)—

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in subsection (3), for “subsection (2)” there is substituted “this section”.

In section 115D of the Social Security Administration (Northern Ireland) Act 1992 ©. 8) (supply of contributions etc. information held by Inland Revenue)—

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in subsection (3), for “subsection (2)” there is substituted “ this section ”.

In section 121F of the Social Security Administration Act 1992 (supply to Inland Revenue for purposes of contributions etc. of information held by Secretary of State)—

in subsection (1), after “war pensions” there is inserted “ , or employment or training ”;

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In section 115E of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (supply to Inland Revenue for purposes of contributions etc. of information held by Department or Secretary of State)—

in subsection (1), after “child support” there is inserted “ or employment or training ”;

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subsection (1)(c) (offence of disclosure of information relevant to statutory sick pay or maternity pay held in the exercise of social security functions),

subsection (2A)(a) (meaning of social security functions),

subsection (4)(c)(iii) (offence of disclosure of information relevant to statutory sick pay or maternity pay held in the exercise of certain other functions), and

subsection (5)(b) (defence of disclosure with consent),

The Social Security Contributions and Benefits Act 1992 is amended as follows.

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In section 35A (appropriate weekly rate of maternity allowance), for subsections (6) to (8) there is substituted—

In section 164 (statutory maternity pay – entitlement and liability to pay), in subsection (10)(b), for “section 166(2)” there is substituted “ section 166(1) and (2) ”.

In section 176 (Parliamentary control), in subsection (1)(a) (affirmative procedure: regulations), at the end there is inserted “ section 171ZE(1); section 171ZN(1. ”

The Social Security Administration Act 1992 is amended as follows.

In section 2C (optional work-focused interviews), in subsection (2)—

for the words from “persons” (in the first place it appears) to the end of paragraph (b) there is substituted; and

after “section 2A” there is inserted “ or 2AA ”.

In section 5 (regulations about claims for and payments of benefit), in subsection (5) (application to statutory sick pay and statutory maternity pay), for “and statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay and statutory adoption pay ”.

In section 7A (sharing of functions as regards claims and information)—

in subsection (2), after “social security” (in each place) there is inserted “ or work ”;

in subsection (6), for paragraph (e) there is substituted—.

In section 122AA (disclosure of information by the Inland Revenue), in subsection (1) (which permits the disclosure of information relating to statutory sick pay and maternity pay by the Board to certain authorities, or in connection with certain agreements with countries outside the United Kingdom), for “or statutory maternity pay” there is substituted “ , statutory maternity pay, statutory paternity pay or statutory adoption pay ”.

In section 150 (annual uprating of benefits), in subsection (1)(j), for “section 166(3)” there is substituted “ section 166(1)(b), 171ZE(1) or 171ZN(1) ”.

In section 190 (Parliamentary control of orders and regulations), in subsection (1), after paragraph (aa) there is inserted—.

In section 191 (interpretation – general), for the definition of “the Northern Ireland Department” there is substituted—.

In section 167(1) of the Social Security Administration (Northern Ireland) Act 1992 (interpretation – general), for the definition of “the Department” there is substituted—.

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

In section 171 (time limit for proceedings under section 168, 169 or 170), after “168,” there is inserted “ 168A, ”.

In section 172(1) (remedies for complaint under section 168 or 170), after “168” there is inserted “ , 168A ”.

In section 173 (provisions supplementary to sections 168 to 170)—

in subsection (1), after “168” there is inserted “ , 168A ”, and

in subsection (2), after “168,” there is inserted “ 168A, ”.

In section 212A(1) (claims and proceedings to which ACAS arbitration scheme applies)—

after “tribunal” insert “ under, or ”, and

after “contravention of” insert—, and

in paragraph (a), for “the Employment Rights Act 1996” substitute “ that Act ”.

in paragraph (b), after “168,” there is inserted “ 168A, ”,

in paragraph (d)—

in paragraph (f), at the beginning there is inserted “ under or ”.

The Employment Rights Act 1996 is amended as follows.

In section 27(1) (meaning of “wages”), after paragraph (c) there is inserted—.

In section 48 (right to present complaint of detriment to employment tribunal), in subsection (1), for “or 47C” there is substituted “ , 47C or 47D ”.

In section 78 (parental leave: special cases), in subsection (6), for the words from “to maternity” to the end there is substituted—

In section 92 (right to written statement of reasons for dismissal), in subsections (2) and (3), for “subsection (4)” there is substituted “ subsections (4) and (4A) ”, and after subsection (4) there is inserted—

In section 98 (fairness of dismissal: general), in subsection (6)—

for “are” there is substituted “ is ”, and

in paragraph (a), for “99” there is substituted “ 98A ”.

In section 104 (protection for those asserting certain statutory rights), in subsection (4)(c) (relevant statutory rights under the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) after “168,” there is inserted “ 168A, ”.

In section 106 (dismissal of replacement employees), in subsection (2)(a), after “childbirth,” there is inserted “ or on adoption leave ”.

In section 112(4) (which provides that an award of compensation for unfair dismissal where no order is made for reinstatement or re-engagement shall be calculated in accordance with certain provisions of that Act), for “127A” there is substituted “ 126 ”.

In section 117(3)(a) (which provides that an award of compensation for unfair dismissal where an order for reinstatement or re-engagement is not complied with shall be calculated in accordance with certain provisions of that Act), for “127A” there is substituted “ 126 ”.

In section 118(1)(b) (which provides that compensation for unfair dismissal shall include a compensatory award calculated in accordance with certain provisions of that Act), for “126 and 127A(1), (3) and (4)” there is substituted “ 124A and 126 ”.

In section 123(1) (which provides that calculation of the compensatory award is subject to the provisions of that section and certain other provisions of that Act), for “, 126, 127 and 127A(1), (3) and (4)” there is substituted “ , 124A and 126 ”.

Section 127A(internal appeal procedures) shall cease to have effect.

In section 191(2) (provisions of the Act which have effect in relation to Crown employment), for paragraph (c) there is substituted—.

In section 192(2)(e) (provisions of Part 10 of the Act which have effect in relation to service as a member of the armed forces), after “103” there is inserted “ , 104C ”.

In sections 194(2) and 195(2) (provisions of the Act which have effect in relation to employment as a member of the House of Lords or House of Commons staff)—

in paragraph (c), for “and 47C” there is substituted “ , 47C and 47D ”, and

for paragraph (e) there is substituted—.

after “47C,” there is inserted “ 47D, ”, and

for “Parts VII and VIII” there is substituted “ Parts 7, 8 and 8A ”.

In section 225 (definition of calculation date for the purposes of the calculation of a week’s pay in relation to cases connected with rights during employment), at the end there is inserted—

In section 226(3) (definition of calculation date for the purposes of the calculation of a week’s pay in relation to cases connected with unfair dismissal), for “119, 121 or 127A” there is substituted “ 112, 119, 120 or 121 ”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In paragraph 5A of Schedule 2 to the Social Security Act 1998 (no appeal against a decision made in consequence of a decision under regulations under section 2A of the Administration Act), after “section 2A” there is inserted “ or 2AA ”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections 132 and 133 of the Finance Act 1999 shall have effect as if statutory maternity pay, statutory paternity pay and statutory adoption pay were matters which are under the care and management of the Commissioners of Inland Revenue.

In section 23(1) of the Employment Relations Act 1999 (power to extend application of rights conferred under certain enactments), after paragraph (b) there is inserted—.

In section 72 of the Welfare Reform and Pensions Act 1999, in subsection (3), after paragraph (a) there is inserted—.