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Contents

Legislation
Employment Rights Act 1996

Crossheading Contracting out etc. and remedies

  • Section 203 Restrictions on contracting out.
  • Section 204 Law governing employment.
  • Section 205 Remedy for infringement of certain rights.
  1. Contracting out etc. and remedies
  2. Remedy for infringement of certain rights.

Section 205 | Remedy for infringement of certain rights.

From legislation.gov.uk

(1)The remedy of an employee for infringement of any of the rights conferred by section 8, Part III, Parts V to VIII, Part 8B, section 92, Part X and Part XII is, where provision is made for a complaint or the reference of a question to an employment tribunal, by way of such a complaint or reference and not otherwise.F1F2

(1YA)In relation to the right conferred by section 44(1A), the reference in subsection (1) to an employee has effect as a reference to a worker.F3

(1A)In relation to the right conferred by section 47B, the reference in subsection (1) to an employee has effect as a reference to a worker.F4

(1ZA)In relation to the right conferred by section 45A, the reference in subsection (1) to an employee has effect as a reference to a worker.F5

(2)The remedy of a worker in respect of any contravention of section 13, 15, 18(1) or 21(1) is by way of a complaint under section 23 and not otherwise.

Notes

  1. F1

    Words in s. 205(1) inserted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 15; S.I. 2023/1283, reg. 2

  2. F2

    Words in s. 205(1) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

  3. F3

    S. 205(1YA) inserted (31.5.2021) by The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 (S.I. 2021/618), arts. 1, 6

  4. F4

    S. 205(1A) inserted (2.7.1999) by 1998 c. 23, s. 14; S.I. 1999/1547, art. 2

  5. F5

    S. 205(1ZA) inserted (1.10.1998) by S.I. 1998/1833, reg. 31(7)

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