Employment Rights Act 1996
The Employment Rights Act 1996 (ERA 1996) is the principal statute governing individual employment rights in Great Britain. It consolidated earlier legislation including the Employment Protection (Consolidation) Act 1978. The Act provides the statutory framework for unfair dismissal, redundancy pay, guaranteed payments, suspension from work on medical grounds, maternity and parental leave, and the right to a written statement of employment particulars. The Act also protects employees from suffering detriment for exercising statutory rights. The Act has been extensively amended by subsequent employment legislation.
Legal area: Labour law regulates the relationship between employers and employees, including employment rights, workplace conditions, and collective bargaining.
Citation: Employment Rights Act 1996 (1996 c 18)
Full text: https://www.legislation.gov.uk/ukpga/1996/18
Key Provisions
- Part I: Written statement of employment particulars (section 1)
- Part X: Unfair dismissal (qualifying service, fair reasons, remedies)
- Part XI: Redundancy (statutory redundancy payments)
- Part XIII: Maternity and parental leave
- Part XIV: Guarantee payments and suspension from work
- Section 94: Right not to be unfairly dismissed
- Schedule 2: Calculation of a week’s pay
Significance
The ERA 1996 is the foundation of individual employment rights in Great Britain. Part X unfair dismissal protections require two years’ continuous service (reduced from one year in 2012). The Act establishes five potentially fair reasons for dismissal: capability, conduct, redundancy, statutory restriction, and ‘some other substantial reason’. The Act has been extensively amended by the Employment Relations Act 1999, Employment Act 2002, and the Trade Union and Labour Relations (Consolidation) Act 1992. The Act’s remedies include reinstatement, re-engagement, and compensation (the basic and compensatory awards).