i e AT 21 of 2006 EMPLOYMENT ACT 2006

i e AT 21 of 2006 EMPLOYMENT ACT 2006

Employment At 2006 Index i e EMPLOYMENT ACT 2006 Index Setion Page PART I DISCRIMINATION AT RECRUITMENT ON TRADE UNION GROUNDS 9 1 Refusal of employment on grounds related to union membership or ativities... 9 2 Refusal of servie of employment ageny on grounds related to union membership or ativities... 11 3 Time limit for proeedings... 12 4 Remedies... 13 5 Complaint against employer and employment ageny... 13 6 Awards against third parties... 14 7 Interpretation et.... 15 PART II RIGHTS DURING EMPLOYMENT 15 Written partiulars of terms of employment 15 8 Written partiulars of terms of employment... 15 9 Supplementary provisions as to statements under setion 8... 18 10 Changes in terms of employment... 18 11 Exlusion of ertain ontrats in writing... 20 12 Employees beoming or easing to be exluded from setions 8 to10... 20 13 Power of Department to require further partiulars... 20 Itemised pay statements 21 14 Right to itemised pay statement... 21 15 Standing statement of fixed dedutions... 21 16 Power to amend setions 14 and 15... 22 Enforement of rights under Part II 22 17 Referenes to and determination by Tribunal... 22 18 Tribunal s duties in ases other than setion 17... 24 19 Offenes... 25 20 Powers of entry et.... 26 AT 21 of 2006 Page 3

Index Employment At 2006 PART III RIGHTS ARISING IN COURSE OF EMPLOYMENT 27 Dedutions from wages et 27 21 Restritions on dedutions et.... 27 22 Dedutions on aount of ash shortages et.... 29 23 Payments on aount of ash shortages et.... 31 24 Provisions supplementary to setions 22 and 23... 32 25 Complaints to Tribunal... 33 26 Supplementary provisions as to omplaints... 35 27 Meaning of wages... 36 28 Supplemental interpretation of setions 21 to 27... 37 Induements 38 29 Induements relating to union membership or ativities... 38 30 Induements relating to olletive bargaining... 38 31 Time limit for proeedings... 39 32 Consideration of omplaint... 39 33 Remedies... 40 34 Interpretation and other supplementary provisions... 41 Time off work 41 35 Time off for arrying out trade union duties... 41 36 Complaints to Tribunal... 43 37 Time off for trade union ativities... 43 38 Complaints to Tribunal... 44 39 Time off for publi duties... 45 40 Complaints to Tribunal... 46 41 Time off to look for work et.... 46 42 Complaints to Tribunal... 47 43 Time off for ante-natal are... 48 44 Complaints to Tribunal... 49 45 Right to time off for pension sheme trustees... 50 46 Right to payment for time off under setion 45... 51 47 Complaints to Tribunal... 51 48 Provisions supplementary to setions 35 to 47... 52 PART IV PROTECTED DISCLOSURES 53 49 Meaning of proteted dislosure... 53 50 Dislosure qualifying for protetion... 53 51 Dislosure to employer or other responsible person... 54 52 Dislosure to legal adviser... 54 53 Dislosure to Civil Servie Commission... 54 54 Dislosure to presribed person... 54 55 Dislosure in other ases... 55 56 Dislosure of exeptionally serious failure... 56 57 Contratual duties of onfidentiality... 56 58 Extension of meaning of worker et for Part IV... 57 59 Appliation of this Part and related provisions to polie... 58 Page 4 AT 21 of 2006

Employment At 2006 Index 60 Other interpretative provisions... 58 PART V DETRIMENT 58 61 Health and safety ases... 58 62 Annual leave and other working time ases... 60 63 Trustees of oupational pension shemes... 60 64 Proteted dislosures... 61 65 Leave for family and domesti reasons... 61 66 Flexible working... 61 67 Detriment on grounds related to trade union membership or ativities... 62 68 Right to aompany or be aompanied... 64 69 Proteted industrial ation... 64 70 Assertion of statutory right... 64 Enforement 65 71 Complaints to Tribunal... 65 72 Remedies... 66 Appliation to polie of rights relating to health and safety 68 73 Appliation to polie of setion 61 and related provisions... 68 PART VI SUSPENSION FROM WORK ON MATERNITY GROUNDS 68 74 Meaning of suspension on maternity grounds... 68 75 Right to offer of alternative work... 69 76 Right to remuneration... 69 77 Calulation of remuneration... 69 78 Complaints to Tribunal under setions 75 and 76... 70 PART VII LEAVE FOR FAMILY AND DOMESTIC REASONS 71 79 Ordinary maternity leave... 71 80 Compulsory maternity leave... 72 81 Additional maternity leave... 72 82 Redundany and dismissal... 73 83 Setions 79 to 81: supplemental... 73 84 Parental leave: hildren with a disability... 74 85 Parental leave... 75 86 Rights during and after parental leave... 76 87 Speial ases... 77 88 Supplemental... 78 89 Complaints to Tribunal... 79 90 Paternity leave: birth... 79 91 Paternity leave: adoption... 80 92 Rights during and after paternity leave... 81 93 Speial ases... 82 94 Supplemental... 83 95 Ordinary adoption leave... 83 96 Additional adoption leave... 84 AT 21 of 2006 Page 5

Index Employment At 2006 97 Redundany and dismissal... 85 98 Supplemental... 86 99 Statutory right to request flexible working... 86 100 Employer s duties in relation to appliation under setion 99... 88 101 Complaints to Tribunal... 89 102 Remedies... 90 PART VIII - DISCIPLINARY AND GRIEVANCE HEARINGS 91 103 Right to be aompanied... 91 104 Complaints to Tribunal... 92 105 Interpretation of Part VIII... 93 PART IX TERMINATION OF EMPLOYMENT 93 106 Rights of employer and employee to a minimum period of notie... 93 107 Rights of employee in period of notie... 94 108 Measure of damages in proeedings against employers... 95 109 Statutory ontrats... 95 110 Right to written statement of reasons for dismissal... 95 PART X UNFAIR DISMISSAL 96 Right not to be unfairly dismissed 96 111 Right of employee not to be unfairly dismissed... 96 Meaning of unfair dismissal 97 112 Meaning of dismissal... 97 113 General provisions relating to fairness of dismissal... 98 114 Leave for family reasons... 99 115 Health and safety ases... 100 116 Annual leave and other working time ases... 100 117 Trustees of oupational pension shemes... 100 118 Proteted dislosures... 101 119 Assertion of statutory right... 101 120 Dismissal of employee relating to trade union membership or ativities... 101 121 The minimum wage... 103 122 Flexible working... 104 123 Dismissal for exerise of right to be aompanied... 104 124 Dismissal in onnetion with proteted industrial ation... 104 125 Raial disrimination and dismissal... 105 126 Religious disrimination and dismissal... 106 127 Dismissal on ground of sexual orientation... 107 128 Dismissal on ground of redundany... 107 129 Replaements... 108 130 Seletive dismissal or re-engagement arising out of industrial ation: jurisdition of Tribunal... 109 131 Pressure on employer to dismiss unfairly... 110 Exlusion of setion 111 111 Page 6 AT 21 of 2006

Employment At 2006 Index 132 Qualifying period and upper age limit... 111 Remedies for unfair dismissal 112 133 Complaints to Tribunal... 112 134 Remedies for unfair dismissal: orders and ompensation... 113 135 The orders... 113 136 Order for reinstatement... 114 137 Order for re-engagement... 114 138 Choie of order and its terms... 115 139 Enforement of order and ompensation... 116 Amount of ompensation 117 140 Compensation for unfair dismissal... 117 141 Redution of ompensation: matters to be disregarded... 117 142 Calulation of basi award... 118 143 Calulation of ompensatory award... 119 144 Limit of ompensatory award et.... 120 145 Ats whih are both unfair dismissal and disrimination... 121 146 Awards against third parties... 122 PART XI INSOLVENCY AND CESSATION OF BUSINESS OF EMPLOYER 122 147 Insolveny of employer... 122 148 Cessation of business of employer... 124 149 Payment of unpaid ontributions to oupational pension sheme et.... 124 150 Restrition on payment in ertain ases... 126 151 Exeption for diretors et.... 127 152 Complaints to Tribunal... 127 153 Subrogation of DSC... 128 154 Power of DSC to obtain information in onnetion with appliations... 129 155 Interpretation of Part XI... 130 PART XII RESOLUTION OF DISPUTES RELATING TO EMPLOYMENT 132 156 The Employment Tribunal... 132 157 Coniliation... 133 158 Reoupment of benefit... 134 159 Enforement of awards et. of Tribunal... 136 160 Appeals... 137 PART XIII - MISCELLANEOUS AND SUPPLEMENTAL 137 161 Appliation to territorial waters... 137 162 Power to onfer rights on individuals... 138 163 Illegality and treatment of speial ategories of worker... 138 164 Restritions on ontrating out... 139 165 Part-time work: disrimination... 139 166 Limited-term employment... 140 AT 21 of 2006 Page 7

Index Employment At 2006 167 Annual leave and other working time ases... 141 168 Death of employer or employee... 143 169 Computation of period of employment... 144 170 Calulation of normal working hours and a week s pay... 144 171 Codes of pratie... 145 172 Publiation of employees rights... 145 173 General interpretation... 146 174 Subordinate legislation: general provisions... 151 175 Tynwald ontrol over orders et.... 152 176 Transitional provisions, savings, amendments and repeals... 152 177 Short title and ommenement... 152 SCHEDULE 1 155 TRIBUNAL S DUTIES IN CASES OTHER THAN SECTION 17 155 SCHEDULE 2 155 RIGHTS OF EMPLOYEE IN PERIOD OF NOTICE 155 SCHEDULE 3 158 THE EMPLOYMENT TRIBUNAL 158 SCHEDULE 4 166 TREATMENT OF SPECIAL CATEGORIES OF WORKER 166 SCHEDULE 5 169 COMPUTATION OF PERIOD OF EMPLOYMENT 169 SCHEDULE 6 176 CALCULATION OF NORMAL WORKING HOURS AND A WEEK S PAY 176 SCHEDULE 7 182 TRANSITIONAL PROVISIONS AND SAVINGS 182 SCHEDULE 8 186 AMENDMENT OF ENACTMENTS 186 SCHEDULE 9 186 ENACTMENTS REPEALED 186 ENDNOTES 189 TABLE OF LEGISLATION HISTORY 189 TABLE OF RENUMBERED PROVISIONS 189 TABLE OF ENDNOTE REFERENCES 189 Page 8 AT 21 of 2006

Employment At 2006 Setion 1 i e EMPLOYMENT ACT 2006 Reeived Royal Assent: 12 Deember 2006 Announed to Tynwald: 12 Deember 2006 Commened: See endnote on appointed day orders AN ACT to onsolidate enatments relating to employment rights; to onfer new rights on employees and workers; and for onneted purposes. PART I DISCRIMINATION AT RECRUITMENT ON TRADE UNION GROUNDS 1 Refusal of employment on grounds related to union membership or ativities [P1992/52/137; 1996/18/1] (1) It is unlawful to refuse a person employment beause he or she is, or is not, or has been, or has not been a member of a trade union, or beause he or she is or has been involved (whether or not as a member) in trade union ativities, or () beause he or she is unwilling to aept a requirement (i) (ii) (iii) to take steps to beome or ease to be, or to remain or not to beome, a member of a trade union, or to ease to be involved (whether or not as a member) in trade union ativities, or to make payments or suffer dedutions in the event of he or she not being a member of a trade union. (2) A person who is thus unlawfully refused employment has a right of omplaint to the Employment Tribunal (in this At referred to as the Tribunal ). (3) Where an advertisement is published whih indiates, or might reasonably be understood as indiating AT 21 of 2006 Page 9

Setion 1 Employment At 2006 that employment to whih the advertisement relates is open only to a person who is, or is not, or has been, or has not been a member of a trade union, or that any suh requirement as is mentioned in subsetion (1)() will be imposed in relation to employment to whih the advertisement relates, a person who does not satisfy that ondition or, as the ase may be, is unwilling to aept that requirement, and who seeks and is refused employment to whih the advertisement relates, shall be onlusively presumed to have been refused employment for that reason. (4) Where there is an arrangement or pratie under whih employment is offered only to persons put forward or approved by a trade union, and the trade union puts forward or approves only persons who are members of the union, a person who is not a member of the union and who is refused employment in pursuane of the arrangement or pratie shall be taken to have been refused employment beause he or she is not a member of the trade union. (5) A person shall be taken to be refused employment if he or she seeks employment of any desription with a person and that person () (d) (e) refuses or deliberately omits to entertain and proess his or her appliation or enquiry, or auses him or her to withdraw or ease to pursue his or her appliation or enquiry, or refuses or deliberately omits to offer him or her employment of that desription, or makes him or her an offer of suh employment the terms of whih are suh as no reasonable employer who wished to fill the post would offer and whih is not aepted, or makes him or her an offer of suh employment but withdraws it or auses him or her not to aept it. (6) Where a person is offered employment on terms whih inlude a requirement that he or she is, or is not, or has been, or has not been a member of a trade union, or any suh requirement as is mentioned in subsetion (1)(), and he or she does not aept the offer beause he or she does not satisfy or, as the ase may be, is unwilling to aept that requirement, he or she shall be treated as having been refused employment for that reason. (7) Where a person may not be onsidered for appointment or eletion to an offie in a trade union unless he or she is a member of the union, or of a partiular branh or setion of the union or of one of a number of partiular branhes or setions of the union, nothing in this setion applies to anything done for the purpose of seuring ompliane with Page 10 AT 21 of 2006

Employment At 2006 Setion 2 that ondition although as holder of the offie he or she would be employed by the union. For this purpose an offie means any position by virtue of whih the holder is an offiial of the union. (8) The provisions of this setion apply in relation to an employment ageny ating, or purporting to at, on behalf of an employer as in relation to an employer. 2 Refusal of servie of employment ageny on grounds related to union membership or ativities [P1992/52/138; 1996/18/2] (1) It is unlawful for an employment ageny to refuse a person any of its servies beause he or she is, or is not, or has been, or has not been a member of a trade union, or beause he or she is or has been involved (whether or not as a member) in trade union ativities, or () beause he or she is unwilling to aept a requirement (i) (ii) to take steps to beome or ease to be, or to remain or not to beome, a member of a trade union, or to ease to be involved (whether or not as a member) in trade union ativities. (2) A person who is thus unlawfully refused any servie of an employment ageny has a right of omplaint to the Tribunal. (3) Where an advertisement is published whih indiates, or might reasonably be understood as indiating that any servie of an employment ageny is available only to a person who is, or is not, or has been, or has not been a member of a trade union, or that any suh requirement as is mentioned in subsetion (1)() will be imposed in relation to a servie to whih the advertisement relates, a person who does not satisfy that ondition or, as the ase may be, is unwilling to aept that requirement, and who seeks to avail himself or herself of and is refused that servie, shall be onlusively presumed to have been refused it for that reason. (4) A person shall be taken to be refused a servie if he or she seeks to avail himself or herself of it and the ageny refuses or deliberately omits to make the servie available to him or her, or AT 21 of 2006 Page 11

Setion 3 Employment At 2006 () auses him or her not to avail himself or herself of the servie or to ease to avail himself or herself of it, or does not provide the same servie, on the same terms, as is provided to others. (5) Where a person is offered a servie on terms whih inlude a requirement that he or she is, or is not, or has been, or has not been a member of a trade union, or any suh requirement as is mentioned in subsetion (1)(), and he or she does not aept the offer beause he or she does not satisfy or, as the ase may be, is unwilling to aept that requirement, he or she shall be treated as having been refused the servie for that reason. 3 Time limit for proeedings [P1992/52/139; 1996/18/3] (1) The Tribunal shall not onsider a omplaint under setion 1 or 2 unless it is presented to the Tribunal before the end of the period of 3 months beginning with the date of the ondut to whih the omplaint relates, or where the Tribunal is satisfied that it was not reasonably pratiable for the omplaint to be presented before the end of that period, within suh further period as the Tribunal onsiders reasonable. (2) The date of the ondut to whih a omplaint under setion 1 relates shall be taken to be in the ase of an atual refusal, the date of the refusal; in the ase of a deliberate omission () (d) (e) (i) (ii) to entertain and proess the omplainant s appliation or enquiry, or to offer employment, the end of the period within whih it was reasonable to expet the employer to at; in the ase of ondut ausing the omplainant to withdraw or ease to pursue his or her appliation or enquiry, the date of that ondut; in a ase where an offer was made but withdrawn, the date when it was withdrawn; in any other ase where an offer was made but not aepted, the date on whih it was made. (3) The date of the ondut to whih a omplaint under setion 2 relates shall be taken to be in the ase of an atual refusal, the date of the refusal; Page 12 AT 21 of 2006

Employment At 2006 Setion 4 () (d) in the ase of a deliberate omission to make a servie available, the end of the period within whih it was reasonable to expet the employment ageny to at; in the ase of ondut ausing the omplainant not to avail himself or herself of a servie or to ease to avail himself or herself of it, the date of that ondut; in the ase of failure to provide the same servie, on the same terms, as is provided to others, the date or last date on whih the servie in fat provided was provided. 4 Remedies [P1992/52/140; 1996/18/4] (1) Where the Tribunal finds that a omplaint under setion 1 (refusal of employment: union membership or ativities) or 2 (refusal of employment by ageny: union membership or ativities) is well-founded, it shall make a delaration to that effet and may make suh of the following as it onsiders just and equitable an order requiring the respondent to pay ompensation to the omplainant of suh amount as the Tribunal may determine; a reommendation that the respondent take within a speified period ation appearing to the Tribunal to be pratiable for the purpose of obviating or reduing the adverse effet on the omplainant of any ondut to whih the omplaint relates. (2) Compensation shall be assessed on the same basis as damages for breah of statutory duty and may inlude ompensation for injury to feelings. (3) If the respondent fails without reasonable justifiation to omply with a reommendation to take ation, the Tribunal may inrease its award of ompensation or, if it has not made suh an award, make one. (4) The total amount of ompensation shall not exeed the limit for the time being imposed by setion 144(1) (limit of ompensatory award). 5 Complaint against employer and employment ageny [P1992/52/141; 1996/18/5] (1) Where a person has a right of omplaint under this Part against a prospetive employer and against an employment ageny arising out of the same fats, he or she may present a omplaint against either of them or against them jointly. (2) If a omplaint is brought against one only, he or she or the omplainant may request the Tribunal to join the other as a party to the proeedings. The request shall be granted if it is made before the hearing of the omplaint begins, but may be refused if it is made after that time; and no AT 21 of 2006 Page 13

Setion 6 Employment At 2006 suh request may be made after the Tribunal has made its deision as to whether the omplaint is well-founded. (3) Where a omplaint is brought against an employer and an employment ageny jointly, or where it is brought against one and the other is joined as a party to the proeedings, and the Tribunal finds that the omplaint is well-founded as against the employer and the ageny; and makes an award of ompensation, it may order that the ompensation shall be paid by the one or the other, or partly by one and partly by the other, as the Tribunal may onsider just and equitable in the irumstanes. 6 Awards against third parties [P1992/52/142; 1996/18/6] (1) If in proeedings on a omplaint under setion 1 (refusal of employment: union membership or ativities) or 2 (refusal of employment by ageny: union membership or ativities) either the omplainant or the respondent laims that the respondent was indued to at in the manner omplained of by pressure whih a trade union or other person exerised on him or her by alling, organising, prouring or finaning a strike or other industrial ation, or by threatening to do so, the omplainant or the respondent may request the Tribunal to diret that the person who he or she laims exerised the pressure be joined as a party to the proeedings. (2) The request shall be granted if it is made before the hearing of the omplaint begins, but may be refused if it is made after that time; and no suh request may be made after the Tribunal has made its deision as to whether the omplaint is well-founded. (3) Where a person has been so joined as a party to the proeedings and the Tribunal () finds that the omplaint is well-founded, makes an award of ompensation, and also finds that the laim in subsetion (1) is well-founded, it may order that the ompensation shall be paid by the person joined instead of by the respondent, or partly by that person and partly by the respondent, as the Tribunal may onsider just and equitable in the irumstanes. (4) Where by virtue of setion 5 (omplaint against employer and employment ageny) there is more than one respondent, this setion applies to either or both of them. Page 14 AT 21 of 2006

Employment At 2006 Setion 7 7 Interpretation et. [P1992/52/143; 1996/18/7] (1) In this Part advertisement inludes every form of advertisement or notie, whether to the publi or not, and referenes to publishing an advertisement shall be onstrued aordingly; employment ageny means a person who, for profit or not, provides servies for the purpose of finding employment for workers or supplying employers with workers, but subjet to subsetion (2). (2) For the purposes of this Part as it applies to employment agenies servies other than those mentioned in the definition of employment ageny in subsetion (1) shall be disregarded, and a trade union shall not be regarded as an employment ageny by reason of servies provided by it only for, or in relation to, its members. (3) Referenes in this Part to being or not being or having been, or not having been a member of a trade union are to being or not being or having been, or not having been a member of any trade union, of a partiular trade union or of one of a number of partiular trade unions; and inlude referenes to being or not being or having been, or not having been a member of a partiular branh or setion of a trade union or of one of a number of partiular branhes or setions of a trade union. (4) The remedy of a person for ondut whih is unlawful by virtue of setion 1 (refusal of employment: union membership or ativities) or 2 (refusal of employment by ageny: union membership or ativities) is by way of a omplaint to the Tribunal in aordane with this At, and not otherwise. No other legal liability arises by reason that ondut is unlawful by virtue of either of those setions. PART II RIGHTS DURING EMPLOYMENT Written partiulars of terms of employment 8 Written partiulars of terms of employment [P1996/18/1 and 3(1) and (2); 1991/19/1] (1) Not later than 4 weeks after the beginning of an employee s employment with an employer, the employer shall give to the employee a written statement in aordane with the following provisions of this setion. AT 21 of 2006 Page 15

Setion 8 Employment At 2006 (2) An employer shall in a statement under this setion () identify the parties; speify the date when the employment began; and speify the date on whih the employee s period of ontinuous employment began (taking into aount any employment with a previous employer whih ounts towards that period). (3) A statement under this setion shall ontain the following partiulars of the terms of employment as at a speified date not more than one week before the statement is given or, where the employment terminated before the statement is given, one week before suh termination () the sale or rate of remuneration, or the method of alulating remuneration, the intervals at whih remuneration is paid (that is, whether weekly or monthly or by some other period), any terms and onditions relating to hours of work (inluding any terms and onditions relating to normal working hours), (d) any terms and onditions relating to (e) (f) (g) (h) (i) (j) (i) (ii) (iii) entitlement to holidays, inluding publi holidays, and holiday pay (the partiulars given being suffiient to enable the employee s entitlement, inluding any entitlement to arued holiday pay on the termination of employment, to be preisely alulated), inapaity for work due to sikness or injury, inluding any provision for sik pay, pensions and pension shemes, inluding the normal retiring age in the employment, the length of notie whih the employee is obliged to give and entitled to reeive to terminate his or her ontrat of employment, the title of the job whih the employee is employed to do, where the employment is not intended to be permanent, the period for whih it is expeted to ontinue or, if it is for a limited term, the date or irumstanes when it is to end, either the plae of work or, where the employee is required or permitted to work at various plaes, an indiation of that and of the address of the employer, any olletive agreements whih diretly affet the terms and onditions of the employment inluding, where the employer is not a party, the persons by whom they were made, and where the employee is required to work outside the Island for a period of more than one month Page 16 AT 21 of 2006

Employment At 2006 Setion 8 (i) (ii) (iii) (iv) the period for whih he or she is to work outside the Island, the urreny in whih remuneration is to be paid while he or she is working outside the Island, any additional remuneration payable to him or her, and any benefits to be provided to or in respet of him or her, by reason of being required to work outside the Island, and any terms and onditions relating to his or her return to the Island. (4) Subsetion (3)(d)(iii) does not apply to the employees of any publi authority if the employees pension rights depend on the terms of a pension sheme established under any provision ontained in or having effet under an At of Tynwald and the authority are required by any suh provision to give to new employees information onerning their pension rights, or onerning the determination of questions affeting their pension rights. (5) Subjet to subsetion (6), every statement given to an employee under this setion shall inlude a note speifying any disiplinary rules and proedures appliable to the employee, or referring to a doument whih is reasonably aessible to the employee and whih speifies any suh rules and proedures; speifying, by desription or otherwise () (d) (i) (ii) (iii) a person to whom the employee an apply if he or she is dissatisfied with any disiplinary deision relating to him or her; and a person to whom the employee an apply for the purpose of seeking redress of any grievane relating to his or her employment; and the manner in whih any suh appliation should be made; where there are further steps onsequent upon any suh appliation, explaining those steps or referring to a doument whih is reasonably aessible to the employee and whih explains them; and stating whether a ontrating-out ertifiate is in fore for the employment in respet of whih the statement is given. (6) Subsetion (5) to () does not apply to rules, disiplinary deisions, grievanes or proedures relating to health or safety at work. (7) The definition of week given by setion 173(1) (general interpretation) does not apply for the purposes of this setion. AT 21 of 2006 Page 17

Setion 9 Employment At 2006 9 Supplementary provisions as to statements under setion 8 [P1996/18/2; 1991/19/2] (1) If there are no partiulars to be entered under any of the heads of setion 8(3)(d), or under any of the other provisions of setions 8(2), (3) and (5)(i), that fat shall be stated. (2) A statement given under setion 8 may, for all or any of the partiulars to be given by the statement, refer the employee to some doument whih the employee has reasonable opportunities of reading in the ourse of his or her employment or whih is made reasonably aessible to him or her in some other way. (3) No statement need be given under setion 8 where () the employee s employment began not more than 6 months after the end of earlier employment with the same employer, a statement under that setion, and any information subsequently required under setion 10 (hanges in terms of employment), were duly given to the employee in respet of his or her earlier employment, and the terms of his or her present employment are the same as those of his or her earlier employment and any other matters falling within setion 8(5) of whih partiulars were to be given by that statement are also unhanged, but without prejudie to the operation of setion 10 if there is subsequently a hange in his or her terms of employment or in any of those matters. (4) The employer shall preserve a opy of every statement given under setion 8 until the expiration of 6 months following the termination of the employment in question. (5) Where before the end of the period of 4 weeks after the beginning of an employee s employment the employee is to begin to work outside the Island for a period of more than one month, the statement under setion 8 shall be given to him or her not later than the time when he or she leaves the Island in order to begin so to work. 10 Changes in terms of employment [P1991/19/3] (1) If after the date to whih a statement given under setion 8 (written partiulars of terms of employment) relates there is a hange in the terms of employment to be inluded, or referred to, in that statement the employer shall not more than 4 weeks after the hange, or where that hange results from the employee being required to work outside the Island for a period of more than one month, the Page 18 AT 21 of 2006

Employment At 2006 Setion 10 time when he or she leaves the Island to begin so to work, if that is earlier, inform the employee of the nature of the hange by a written statement and, if he or she does not leave a opy of the statement with the employee, shall preserve the statement and ensure that the employee has reasonable opportunities of reading it in the ourse of his or her employment, or that it is made reasonably aessible to him or her in some other way. (2) A statement given under subsetion (1) may, for all or any of the partiulars to be given by the statement, refer the employee to some doument whih the employee has reasonable opportunities of reading in the ourse of his or her employment, or whih is made reasonably aessible to him or her in some other way. (3) If, in referring in the statement given under setion 8 or under subsetion (1) to any suh doument, the employer indiates to the employee that future hanges in the terms of whih the partiulars are given in the doument will be entered up in the doument (or reorded by some other means for the information of persons referring to the doument), the employer need not under subsetion (1) inform the employee of any suh hange if it is duly entered up or reorded not later than 4 weeks after the hange is made. (4) Where, after an employer has given to an employee a written statement in aordane with setion 8 the name of the employer (whether an individual or a body orporate or partnership) is hanged, without any hange in the identity of the employer, or the identity of the employer is hanged, in suh irumstanes that[,] the ontinuity of the employee s period of employment is not broken, and (in either ase) the hange does not involve any hange in the terms (other than the names of the parties) inluded or referred to in the statement, then, the person who, immediately after the hange, is the employer shall not be required to give to the employee a statement in aordane with setion 8, but, subjet to subsetion (5), the hange shall be treated as a hange falling within subsetion (1). (5) A written statement under this setion whih informs an employee of suh a hange in his or her terms of employment as is referred to in subsetion (4) shall speify the date on whih the employee s period of ontinuous employment began. (6) Any referene in subsetion (1), (3) or (4) to the terms of employment whih were to be, or were, inluded or referred to in a statement given under setion 8 shall be onstrued as inluding a referene to any other AT 21 of 2006 Page 19

Setion 11 Employment At 2006 matters falling within setion 8(2)() and (5) of whih partiulars were to be given by that statement. 11 Exlusion of ertain ontrats in writing [P1991/19/4] Setions 8 (written partiulars of terms of employment) and 10 (hanges in terms of employment) do not apply to an employee if and so long as the following onditions are fulfilled in relation to him or her () the employee s ontrat of employment is a ontrat whih has been redued to writing in one or more douments and whih ontains express terms affording the partiulars to be given under eah of the paragraphs in setion 8(3) and under eah head of setion 8(3)(d); there has been given to the employee a opy of the ontrat (with any variations made from time to time), or he or she has reasonable opportunities of reading suh a opy in the ourse of his or her employment, or suh a opy is made reasonably aessible to him or her in some other way; and suh a note as is mentioned in setion 8(5) has been given to the employee or he or she has reasonable opportunities of reading suh a note in the ourse of his or her employment or suh a note is made reasonably aessible to him or her in some other way. 12 Employees beoming or easing to be exluded from setions 8 to10 [P1991/19/5] (1) Setions 8 to 10 apply to an employee who at any time omes or eases to ome within the exeptions from those setions provided for by setion 11 (exlusion of ertain ontrats in writing) or Shedule 4 (treatment of speial ategories of worker) as if his or her employment with his or her employer terminated or began at that time. (2) The fat that setion 8 is direted to apply to an employee as if his or her employment began on their easing to ome within one of the exeptions referred to in subsetion (1) does not affet the obligation under setion 8(2) to speify the date on whih his or her employment atually began. 13 Power of Department to require further partiulars [P1991/19/6] The Department may by order provide that setion 8 shall have effet as if suh further partiulars as may be speified in the order were inluded in the partiulars to be inluded in a statement under that setion, and, for that purpose, the order may inlude suh provisions amending setions 8(1), (2) and (3) as appear to the Department to be expedient. Page 20 AT 21 of 2006

Employment At 2006 Setion 14 Itemised pay statements 14 Right to itemised pay statement [P1996/18/8; 1991/19/7] Every employee has the right to be given by his or her employer at or before the time at whih any payment of wages or salary is made to him or her an itemised pay statement, in writing, ontaining the following partiulars () (d) the gross amount of the wages or salary; the amounts of any variable and, subjet to setion 15 (standing statement of fixed dedutions), any fixed dedutions from that gross amount and the purposes for whih they are made; the net amount of wages or salary payable; and where different parts of the net amount are paid in different ways, the amount and method of payment of eah part-payment. 15 Standing statement of fixed dedutions [P1991/19/8] (1) A pay statement given in aordane with setion 14 need not ontain separate partiulars of a fixed dedution if it ontains instead an aggregate amount of fixed dedutions, inluding that dedution, and the employer has given to the employee, at or before the time at whih that pay statement is given, a standing statement of fixed dedutions, in writing, whih ontains the following partiulars of eah dedution omprised in that aggregate amount, () the amount of the dedution; the intervals at whih the dedution is to be made; and the purpose for whih it is made, and whih, in aordane with subsetion (4), is effetive at the date on whih the pay statement is given. (2) A standing statement of fixed dedutions may be amended, whether by addition of a new dedution or by a hange in the partiulars or anellation of an existing dedution, by notie in writing, ontaining partiulars of the amendment, given by the employer to the employee. (3) An employer who has given to an employee a standing statement of fixed dedutions shall, within the period of 12 months beginning with the date on whih the first standing statement was given and at intervals of not more than 12 months thereafter, reissue it in a onsolidated form inorporating any amendments notified in aordane with subsetion (2). (4) A standing statement of fixed dedutions shall beome effetive, for the purposes of subsetion (1), on the date on whih it is given to the employee and shall ease to have effet on the expiration of the period of AT 21 of 2006 Page 21

Setion 16 Employment At 2006 12 months beginning with that date, or, where it is reissued in aordane with subsetion (3), the expiration of the period of 12 months beginning with the date on whih it was last re-issued. 16 Power to amend setions 14 and 15 [P1996/18/10; 1991/19/9] The Department may by order vary the provisions of setions 14 and 15 as to the partiulars whih must be inluded in a pay statement or a standing statement of fixed dedutions by adding items to or removing items from the partiulars listed in those setions or by amending any suh partiulars; and vary the provisions of setion 15(3) and (4) so as to shorten or extend the periods of 12 months referred to in those subsetions, or those periods as varied from time to time under this setion. Enforement of rights under Part II 17 Referenes to and determination by Tribunal [P1996/18/11 and 12; 1991/19/10] (1) Where an employer does not give an employee a statement as required by setion 8 or 10 (written partiulars and hanges in terms of employment) or 14 (right to itemised pay statement), either beause he or she gives him or her no statement or beause the statement given does not omply with what is required, the employee may apply to the Tribunal to determine what partiulars ought to have been inluded or referred to in a statement so as to omply with the requirements of the relevant setion. (2) Where a statement purporting to be a statement under setion 8 or 10, or a pay statement, or a standing statement of fixed dedutions, purporting to omply with setion 14 or 15, has been given to an employee, and a question arises as to the partiulars whih ought to have been inluded or referred to in the statement so as to omply with the requirements of this Part, either the employer or the employee may apply to have the question determined by the Tribunal. (3) Where a statement under setion 8 or 10 given by an employer to an employee ontains suh an indiation as is mentioned in setion 10(3), and any partiulars purporting to be partiulars of a hange to whih that indiation relates are entered up or reorded in aordane with that indiation, and Page 22 AT 21 of 2006

Employment At 2006 Setion 17 a question arises as to the partiulars whih ought to have been so entered up or reorded, either the employer or the employee may apply to have the question determined by the Tribunal. (4) In this setion, a question as to the partiulars whih ought to have been inluded in a pay statement, or in a standing statement of fixed dedutions, does not inlude a question solely as to the auray of an amount stated in any suh partiulars; in a note under setion 8(5), does not inlude any question whether the employment is, has been or will be ontrated-out employment for the purposes of Part III of the Pension Shemes At 1993 (as that At of Parliament has effet in the Island). (5) Where, on an appliation under subsetion (1), the Tribunal determines partiulars as being those whih ought to have been inluded or referred to in a statement given under setion 8 or 10, the employer shall be deemed to have given to the employee a statement in whih those partiulars were inluded, or referred to, as speified in the deision of the Tribunal. (6) On determining an appliation under subsetion (2), the Tribunal may either () onfirm the partiulars as inluded or referred to in the statement given by the employer, or amend those partiulars, or substitute other partiulars for them, as the Tribunal may determine to be appropriate; and the statement shall be deemed to have been given by the employer to the employee in aordane with the deision of the Tribunal. (7) On determining an appliation under subsetion (3), the Tribunal may either onfirm the partiulars to whih the appliation relates, or may amend those partiulars or may substitute other partiulars for them, as the Tribunal may determine to be appropriate; and the statement shall be deemed to have been given by the employer to the employee in aordane with the deision of the Tribunal. (8) Where on an appliation under this setion the Tribunal finds that an employer has failed to give an employee a statement in aordane with setion 8 or 10 within 14 days of having reeived a written request from the employee to do so or has failed to give an employee a statement in aordane with setion 14, or that a pay statement or standing statement of fixed dedutions does not, in relation to a dedution, ontain the partiulars AT 21 of 2006 Page 23

Setion 18 Employment At 2006 required to be inluded in that statement by setion 14 or setion 15 (i) (ii) (iii) the Tribunal shall make a delaration to that effet; and in the ase of failure to give an employee a statement in aordane with setion 8 or 10 the Tribunal shall order the employer to pay the employee a sum equivalent to 2 weeks pay and may, if it onsiders it just and equitable in all the irumstanes, make an award of up to 4 weeks pay alulated in aordane with Shedule 6 (a week s pay); and in the ase of failure to give an employee a statement in aordane with setion 14 or setion 15, if the Tribunal further finds that any unnotified dedutions have been made from the pay of the employee during the period of 13 weeks immediately preeding the date of the appliation for the referene (whether or not the dedutions were made in breah of the ontrat of employment), the Tribunal may order the employer to pay the employee a sum not exeeding the aggregate of the unnotified dedutions so made. In this subsetion unnotified dedution means a dedution made without the employer giving the employee, in any pay statement or standing statement of fixed dedutions, the partiulars of that dedution required by setion 14 or 15. (9) The Tribunal shall not entertain an appliation under this setion in a ase where the employment to whih the appliation relates has eased unless the appliation was made before the end of the period of 3 months beginning with the date on whih the employment eased, or within suh further period as the Tribunal onsiders reasonable in a ase where it is satisfied that it was not reasonably pratiable for the appliation to be made before the end of that period of 3 months. 18 Tribunal s duties in ases other than setion 17 (1) This setion applies to proeedings before the Tribunal relating to a laim by an employee or a worker (as the ase may be) under any of the jurisditions listed in Shedule 1. (2) If, in the ase of proeedings to whih this setion applies the employer was in breah of his or her duty to the employee under setion 8 (written statement of initial employment partiulars) or 10 (hanges in terms of employment) when the proeedings were begun, and Page 24 AT 21 of 2006

Employment At 2006 Setion 19 the Tribunal finds in favour of the employee, whether or not the Tribunal makes an award to him or her in respet of the laim to whih the proeedings relate, the Tribunal shall order the employer to pay the employee a sum equivalent to 2 weeks pay and may, if it onsiders it just and equitable in all the irumstanes, make an award of up to 4 weeks pay alulated in aordane with Shedule 6 (a week s pay). (3) The Department may by order amend Shedule 1 for the purpose of (i) (ii) adding a jurisdition to the list in that Shedule, or removing a jurisdition from that list; make provision, in relation to a jurisdition listed in Shedule 1, for this setion not to apply to proeedings relating to laims of a desription speified in the order; () make provision for this setion to apply, with or without modifiations, as if (i) (ii) any individual of a desription speified in the order who would not otherwise be an employee for the purposes of this setion were an employee for those purposes, and a person of a desription speified in the order were, in the ase of any suh individual, the individual s employer for those purposes. 19 Offenes [P1991/19/11] (1) If a person without reasonable exuse fails to omply with the requirements of setion 8 (written partiulars of terms of employment), 10 (hanges in terms of employment) or 14 (right to itemised pay statement), he or she shall be guilty of an offene and liable on summary onvition to a fine not exeeding 1,000. (2) If, in a statement under setion 8, 10, 14 or 15 (standing statement of fixed dedutions) or in any doument prepared for the purposes of setion 8(5) or 9(2) (supplementary provisions: setion 8), a person inludes anything whih to his or her knowledge is false in a material partiular, or reklessly inludes anything whih is false in a material partiular, he or she shall be guilty of an offene and liable on summary onvition to a fine not exeeding 2,500. (3) If an employer has failed to give a statement required by setion 8(1) or setion 10(1) within the time limited by the relevant setion then, without prejudie to the bringing of proeedings under subsetion (1), the Department may by notie in writing to the employer require him or her, within a period speified in the notie (not being less than one week from AT 21 of 2006 Page 25

Setion 20 Employment At 2006 reeipt of the notie), to make good his or her default, and if the default ontinues after the expiration of that period, the employer shall be guilty of an offene and liable on summary onvition to a fine not exeeding 2,500 and to a further fine of 50 for every day on whih the default ontinues after onvition. (4) Where an offene under this setion is ommitted by a body orporate and is proved to have been ommitted with the onsent or onnivane of, or to be attributable to any neglet on the part of, any diretor, manager, seretary or other similar offier of the body orporate, he or she, as well as the body orporate, shall be guilty of that offene and liable to be proeeded against and punished aordingly. (5) Where the affairs of a body orporate are managed by its members, subsetion (4) shall apply in relation to the ats and defaults of a member in onnetion with his or her funtions of management as if he or she were a diretor of the body orporate. 20 Powers of entry et. [P1991/19/12] (1) A person authorised in writing by the Department may enter at all reasonable hours any premises where he or she has reasonable ground for supposing that any persons are employed, and make suh examination and inquiry as may be neessary for asertaining whether the provisions of this Part are being or have been omplied with in respet of any employee. (2) The following persons () the oupier of any premises liable to inspetion under subsetion (1); any person who is or has been employing another; the servants and agents of any suh person as is referred to in paragraph or ; shall furnish to a person so authorised all suh information, and produe for his or her inspetion all suh douments, as he or she may reasonably require for the purpose of asertaining whether the provisions of this Part have been omplied with. (3) For the purposes of this setion the following provisions of the Soial Seurity Administration At 1992 ( as that At of Parliament has effet in the Island), apply as they apply for the purposes of setion 121A(1) of that At (relevant soial seurity legislation) setion 109C(5) (inspetor to produe ertifiate of his appointment if required to do so on applying for admission to any premises), and Page 26 AT 21 of 2006

Employment At 2006 Setion 21 setion 111 (delay, obstrution et. of inspetor), with the substitution for referenes to an inspetor of referenes to a person so authorised. (4) In this setion premises does not inlude a private dwelling-house not used by, or by permission of, the oupier for the purposes of a trade or business. PART III RIGHTS ARISING IN COURSE OF EMPLOYMENT Dedutions from wages et 21 Restritions on dedutions et. [P1996/18/13/14/15(3); 1991/19/13] (1) Subjet to suh exeptions as may be presribed by the Department, an employer shall not make any dedution from any wages of any worker employed by him or her or reeive any payment from him or her diretly or indiretly in respet of any employment ageny fee whih the employer is obliged to pay in respet of the employment of that worker and any provision in any agreement to dedut suh fee shall be void. (2) An employer shall not make any other dedution from any wages of any worker employed by him or her unless the dedution is required or authorised to be made by virtue of any statutory provision or any relevant provision of the worker s ontrat; or the worker has previously signified in writing his or her agreement or onsent to the making of it. (3) An employer shall not reeive any payment diretly or indiretly from any worker employed by him or her unless the payment satisfies one of the onditions set out in subsetion (2) and. (4) In this setion relevant provision, in relation to a worker s ontrat, means any provision of the ontrat omprised in one or more written terms of the ontrat of whih the employer has given the worker a opy on any oasion before the employer makes the dedution in question, or (where subsetion (2) applies for the purposes of subsetion (3)) before he or she reeives the payment in question, or in one or more terms of the ontrat (whether express or implied and, if express, whether oral or in writing) whose existene and effet, or (as the ase may be) ombined effet, in relation to the worker the employer has notified to the worker in writing on any suh oasion. AT 21 of 2006 Page 27

Setion 21 Employment At 2006 (5) For the purposes of this setion any relevant provision of a worker s ontrat having effet by virtue of any variation of the ontrat, or any agreement or onsent signified by a worker as mentioned in subsetion (2), does not operate to authorise the making of any dedution, or the reeipt of any payment, on aount of any ondut of the worker, or any other event ourring, before the variation took effet or (as the ase may be) the agreement or onsent was signified. (6) Nothing in this setion applies () (d) (e) to any dedution from a worker s wages made by his or her employer, or any payment reeived from a worker by his or her employer, where the purpose of the dedution or payment is the reimbursement of the employer in respet of (i) (ii) any overpayment of wages, or any overpayment in respet of expenses inurred by the worker in arrying out his or her employment, made (for any reason) by the employer to the worker; to any dedution from a worker s wages made by his or her employer, or any payment reeived from a worker by his or her employer, in onsequene of any disiplinary proeedings if those proeedings were held by virtue of any statutory provision; to any dedution from a worker s wages made by his or her employer in pursuane of any requirement imposed on the employer by any statutory provision to dedut and pay over to a publi authority amounts determined by that authority as being due to it from the worker, if the dedution is made in aordane with the relevant determination of that authority; to any dedution from a worker s wages made by his or her employer in pursuane of any arrangements whih have been established (i) (ii) in aordane with any relevant provision of his or her ontrat to whose inlusion in the ontrat the worker has signified his or her agreement or onsent in writing, or otherwise with the prior agreement or onsent of the worker signified in writing, and under whih the employer is to dedut and pay over to a third person amounts notified to the employer by that person as being due to him or her from the worker, if the dedution is made in aordane with the relevant notifiation by that person; to any dedution from a worker s wages made by his or her employer, or any payment reeived from a worker by his or her Page 28 AT 21 of 2006

Employment At 2006 Setion 22 (f) employer, where the worker has taken part in a strike or other industrial ation and the dedution is made, or the payment has been required, by the employer on aount of the worker s having taken part in that strike or other ation; or to any dedution from a worker s wages made by his or her employer with his or her prior agreement or onsent signified in writing, or any payment reeived from a worker by his or her employer, where the purpose of the dedution or payment is the satisfation (whether wholly or in part) of an order of a ourt or tribunal requiring the payment of any amount by the worker to the employer. (7) This setion is without prejudie to any other statutory provision by virtue of whih any sum payable to a worker by his or her employer but not falling within the definition of wages in setion 27 is not to be subjet to any dedution at the instane of the employer. 22 Dedutions on aount of ash shortages et. [P1996/18/17/18/19; 1991/19/14 and 20] (1) Where (in aordane with setion 21(2)) the employer of a worker in retail employment makes, on aount of one or more ash shortages or stok defiienies, any dedution or dedutions from any wages payable to the worker on a pay day, the amount or aggregate amount of the dedution or dedutions shall not exeed one-tenth of the gross amount of the wages payable to the worker on that day. (2) In this setion and setions 23 to 28 ash shortage means a defiit arising in relation to amounts reeived in onnetion with retail transations; gross amount, in relation to any wages payable to the worker, means the total amount of those wages before dedutions of whatever nature; pay day, in relation to a worker, means a day on whih wages are payable to the worker; retail employment, in relation to a worker, means employment involving (whether on a regular basis or not) the arrying out by the worker of retail transations diretly with members of the publi or with fellow workers or other individuals in their personal apaities, or the olletion by the worker of amounts payable in onnetion with retail transations arried out by other persons diretly with members of the publi or with fellow workers or other individuals in their personal apaities; retail transation means the sale or supply of goods, or the supply of servies (inluding finanial servies); and AT 21 of 2006 Page 29

Setion 22 Employment At 2006 stok defiieny means a stok defiieny arising in the ourse of retail transations. (3) Where the employer of a worker in retail employment makes a dedution from the worker s wages on aount of a ash shortage or stok defiieny, the employer shall not be treated as making the dedution in aordane with setion 21(2) unless (in addition to the requirements of that provision being satisfied with respet to the dedution) the dedution is made, or in the ase of a dedution whih is one of a series of dedutions relating to the shortage or defiieny, the first dedution in the series was made, not later than the end of the period of 12 months beginning with the date when the employer established the existene of the shortage or defiieny or (if earlier) the date when he or she ought reasonably to have done so. (4) This subsetion applies where by virtue of any agreement between a worker in retail employment and his or her employer, the amount of the worker s wages or any part of them is or may be determined by referene to the inidene of ash shortages or stok defiienies, and the gross amount of the wages payable to the worker on any pay day is, on aount of any suh shortages or defiienies, less than the gross amount of the wages that would have been payable to him or her on that day if there had been no suh shortages or defiienies. (5) In a ase where subsetion (4) applies the amount representing the differene between the 2 amounts referred to in subsetion (4) ( the relevant amount ) shall be treated for the purposes of setions 21 to 28 as a dedution from the wages payable to the worker on that day made by the employer on aount of the ash shortages or stok defiienies in question; and the seond of the amounts so referred to in subsetion (4) shall be treated for the purposes of setions 21 to 28 (exept subsetion (4) of this setion) as the gross amount of the wages payable to him or her on that day; and setion 21(2) (restritions on dedutions et.) and (if the requirements of subsetions (1) and (3) are satisfied subsetion (1) have effet in relation to the relevant amount aordingly. Page 30 AT 21 of 2006

Employment At 2006 Setion 23 23 Payments on aount of ash shortages et. [P1996/18/20 and 21; 1991/19/17] (1) Where the employer of a worker in retail employment reeives from the worker any payment on aount of a ash shortage or stok defiieny the employer shall not be treated as reeiving the payment in aordane with setion 21(3), unless (in addition to the requirements of those provisions being satisfied with respet to the payment) he or she has previously notified the worker in writing of the worker s total liability to him or her in respet of that shortage or defiieny; and required the worker to make the payment by means of a demand for payment made in aordane with this setion. (2) Any demand for payment made by the employer of a worker in retail employment in respet of a ash shortage or stok defiieny shall be made in writing, and shall be made on one of the worker s pay days. (3) A demand for payment in respet of a partiular ash shortage or stok defiieny, or (in the ase of a series of suh demands) the first suh demand, shall not be made earlier than the first pay day of the worker following the date when he or she is notified of his or her total liability in respet of the shortage or defiieny in pursuane of subsetion (1) or, where he or she is so notified on a pay day, earlier than that day, or later than the end of the period of 12 months beginning with the date when the employer established the existene of the shortage or defiieny or (if earlier) the date when he or she ought reasonably to have done so. (4) Where the employer of a worker in retail employment makes on any pay day one or more demands for payment in aordane with this setion, the amount or aggregate amount required to be paid by the worker in pursuane of the demand or demands shall not exeed one-tenth of the gross amount of the wages payable to the worker on that day, or where one or more dedutions falling within setion 22(1) (dedutions on aount of ash shortages et.) are made by the employer from those wages, suh amount as represents the balane of that one-tenth after subtrating the amount or aggregate amount of the dedution or dedutions. (5) One any amount has been required to be paid by means of a demand for payment made in aordane with this setion on any pay day, that amount shall not be taken into aount under subsetion (4) as it applies AT 21 of 2006 Page 31

Setion 24 Employment At 2006 to any subsequent pay day, notwithstanding that the employer is obliged to make further requests for it to be paid. (6) For the purposes of setions 21 to 28 a demand for payment shall be treated as made by the employer on one of the worker s pay days if it is given to the worker, or posted to, or left at, his or her last known address on that pay day, or in the ase of a pay day whih is not a working day of the employer s business, on the first suh working day following that pay day. 24 Provisions supplementary to setions 22 and 23 [P1996/18/20(5)/21(3)/22; 1991/19/16] (1) In this setion final instalment of wages, in relation to a worker, means the amount of wages payable to the worker whih onsists of or inludes an amount payable by way of ontratual remuneration in respet of the last of the periods for whih he or she is employed under his or her ontrat prior to its termination for any reason (but exluding any wages referable to any earlier suh period), or where an amount in lieu of notie is paid to the worker later than the amount referred to in paragraph, the amount so paid, in eah ase whether the amount in question is paid before or after the termination of the worker s ontrat. (2) Setion 22(1) (dedutions on aount of ash shortages et.) does not operate to restrit the amount of any dedutions that may (in aordane with setion 21(2)) be made by the employer of a worker in retail employment from the worker s final instalment of wages. (3) Nothing in setion 23 (payments on aount of ash shortages et.) applies to any payment falling within setion 23(1) that is made on or after the day on whih any suh worker s final instalment of wages is paid, but (notwithstanding that the requirements of setion 21(3) (general restritions on dedutions: employer reeiving payment) would otherwise be satisfied with respet to it) his or her employer shall not be treated as reeiving any suh payment in aordane with setion 21(3) if the payment was first required to be made after the end of the period referred to in setion 23(3). (4) Legal proeedings by the employer of a worker in retail employment for the reovery from the worker of any amount in respet of a ash shortage or stok defiieny shall not be instituted by the employer after the end of the period referred to in setion 23(3) unless the employer has Page 32 AT 21 of 2006

Employment At 2006 Setion 25 within that period made a demand for payment in respet of that amount in aordane with setion 23. (5) Where in any legal proeedings the ourt finds that the employer of a worker in retail employment is (in aordane with setion 21(3), as it applies apart from setion 23(1)) entitled to reover an amount from the worker in respet of a ash shortage or stok defiieny, the ourt shall, in ordering the payment by the worker to the employer of that amount, make suh provision as appears to the ourt to be neessary to ensure that it is paid by the worker at a rate not exeeding that at whih it ould be reovered from him or her by the employer in aordane with setion 23. This subsetion does not apply to any amount whih is to be paid by a worker on or after the day on whih his or her final instalment of wages is paid. (6) Referenes in setions 21 to 28 to a dedution made from any wages of a worker in retail employment, or to a payment reeived from suh a worker by his or her employer, on aount of a ash shortage or stok defiieny inlude referenes to a dedution or payment so made or reeived on aount of any dishonesty or other ondut on the part of the worker whih resulted in any suh shortage or defiieny, or any other event in respet of whih he or she (whether together with any other workers or not) has any ontratual liability and whih so resulted, in eah ase whether the amount of the dedution or payment is designed to reflet the exat amount of the shortage or defiieny or not; and referenes in setions 21 to 28 to the reovery from the worker of an amount in respet of a ash shortage or stok defiieny aordingly inlude referenes to the reovery from him or her of an amount in respet of any suh ondut or event as is mentioned in paragraph or. 25 Complaints to Tribunal [P1996/18/23/24/25; 1991/19/17] (1) A worker may omplain to the Tribunal that his or her employer has made a dedution from his or her wages in ontravention of setion 21(1) or (2) (inluding a dedution made in ontravention of setion 21(2) as it applies by virtue of setion 22(3) (dedutions on aount of ash shortages)), or that his or her employer has reeived from him or her a payment in ontravention of setion 21(3) (inluding a payment reeived in AT 21 of 2006 Page 33

Setion 25 Employment At 2006 () (d) ontravention of those provisions as they apply by virtue of setion 23(1) (payments on aount of ash shortages)), or that his or her employer has reovered from his or her wages by means of one or more dedutions falling within setion 22(1) an amount or aggregate amount exeeding the limit applying to the dedution or dedutions under that provision, or that his or her employer has reeived from him or her in pursuane of one or more demands for payment made (in aordane with setion 23) on a partiular pay day, a payment or payments of an amount or aggregate amount exeeding the limit applying to the demand or demands under setion 23(4). (2) The Tribunal shall not entertain a omplaint under this setion unless it is presented within the period of 3 months beginning with in the ase of a omplaint relating to a dedution by the employer, the date of payment of the wages from whih the dedution was made, or in the ase of a omplaint relating to a payment reeived by the employer, the date when the payment was reeived, or within suh further period as the Tribunal onsiders reasonable in a ase where it is satisfied that it was not reasonably pratiable for the omplaint to be presented within the relevant period of 3 months. (3) Where a omplaint is brought in respet of a series of dedutions or payments, or a number of payments falling within subsetion (1)(d) and made in pursuane of demands for payment subjet to the same limit under setion 23(4) (payments on aount of ash shortages) but reeived by the employer on different dates, subsetion (2) shall be read as referring to the last dedution or payment in the series or to the last of the payments so reeived (as the ase may require). (4) Where the Tribunal finds that a omplaint under this setion is wellfounded, it shall make a delaration to that effet; and (subjet to subsetions (5) and (6)) in the ase of a omplaint under subsetion (1) or, the Tribunal shall order the employer to pay to the worker the amount of any dedution, or to repay to him or her the amount of any payment, made or reeived in ontravention of setion 21 (general restritions on dedutions et.); in the ase of a omplaint under subsetion (1)() or (d), the Tribunal shall order the employer to pay or (as the ase may be) repay to the worker any amount reovered or reeived from him Page 34 AT 21 of 2006

Employment At 2006 Setion 26 () or her in exess of any suh limit as is mentioned in that provision; and in the ase of a omplaint under subsetion (1), the Tribunal may, if it onsiders it just and equitable in all the irumstanes order the employer to pay to the worker a sum up to the equivalent of 4 weeks pay alulated in aordane with the provisions of Shedule 6 (a week s pay). (5) Where, in the ase of any omplaint under subsetion (1) or in respet of a ontravention of setion 21(2) (authorised dedutions), the Tribunal finds that, although neither of the onditions set out in setion 21(2) and was satisfied with respet to the whole amount of a dedution or payment, one of those onditions was satisfied with respet to any lesser amount, the amount of the dedution or payment shall for the purposes of subsetion (4) be treated as redued by the amount with respet to whih that ondition was satisfied. (6) An employer shall not under subsetion (4) or be ordered by the Tribunal to pay or repay to a worker any amount in respet of a dedution or payment, or (as the ase may be) in respet of any ombination of dedutions or payments, in so far as it appears to the Tribunal that he or she has already paid or repaid any suh amount to the worker. (7) Where the Tribunal has under subsetion (4) or ordered an employer to pay or repay to a worker any amount in respet of a partiular dedution or payment falling within subsetion (1) to (d) ( the relevant amount ) the amount whih the employer shall be entitled to reover (by whatever means) in respet of the matter in respet of whih the dedution or payment was originally made or reeived shall be treated as redued by the relevant amount. (8) Where the Tribunal has under subsetion (4) ordered an employer to pay or repay to a worker any amount in respet of any ombination of dedutions or payments falling within subsetion (1)() or (d) ( the relevant amount ) the aggregate amount whih the employer shall be entitled to reover (by whatever means) in respet of the ash shortages or stok defiienies in respet of whih the dedutions or payments were originally made or required to be made shall be treated as redued by the relevant amount. 26 Supplementary provisions as to omplaints [P1996/18/26; 1991/19/18] (1) Setion 25 does not affet the jurisdition of the Tribunal to entertain a referene under setion 17 in relation to any dedution from the wages of a worker, but the aggregate of any amounts ordered by the Tribunal to be paid under setion 17(8)(iii) and under setion 25(4) or (whether on the same or different oasions) in respet of a partiular AT 21 of 2006 Page 35

Setion 27 Employment At 2006 dedution shall not, without prejudie to setion 25(4)(), exeed the amount of the dedution. (2) The jurisdition of the Tribunal under setion 25 inludes power to determine the total amount of the wages that were properly payable to the worker inluding any amount owed in lieu of notie under setion 27(1)(), on the oasion in question. (3) Any provision in an agreement shall be void in so far as it purports to exlude or limit the operation of any provision of setions 21 to 28, or to prelude any person from presenting a omplaint under setion 25. 27 Meaning of wages [P1996/18/27; 1991/19/19] (1) In setions 21 to 28 wages, in relation to a worker, means any sums payable to the worker by his or her employer in onnetion with his or her employment, inluding () any fee, bonus, ommission, holiday pay or other emolument referable to his or her employment, whether payable under his or her ontrat or otherwise; any amount owed in respet of a payment for time off under setions 35(3) (time off: trade union duties), 41(3) (time off: to look for work), 43(4) (time off: ante-natal are) and 46 (time off: pension sheme trustees); and whether omputed in aordane with setion 106 (rights of employer and employee to a minimum period of notie) or by ontrat, whihever is the greater, any amount owed in lieu of notie inluding pension ontributions and other benefits ordinarily paid by the employer, or in respet of a payment due under Shedule 2 (rights of employee in period of notie); but exluding any payments falling within subsetion (2). (2) Those payments are (i) (ii) (iii) (iv) any payment by way of an advane under an agreement for a loan or by way of an advane of wages (but without prejudie to the appliation of setion 21(2) (general restritions on dedutions et.) to any dedution made from the worker s wages in respet of any suh advane); any payment in respet of expenses inurred by the worker in arrying out his or her employment; any payment by way of a pension, allowane or gratuity in onnetion with the worker s retirement or as ompensation for loss of offie; any payment referable to the worker s redundany; and Page 36 AT 21 of 2006

Employment At 2006 Setion 28 (v) any payment to the worker otherwise than in his or her apaity as a worker. (3) Where any payment in the nature of a non-ontratual bonus is (for any reason) made to a worker by his or her employer, then, for the purposes of setions 21 to 28, the amount of the payment shall be treated as wages of the worker, and as payable to him or her as suh on the day on whih the payment is made. (4) For the purposes of setions 21 to 28 gross amount in relation to any wages payable to a worker, means the total amount of those wages before dedutions of whatever nature. (5) For the purposes of setions 21 to 28 any monetary value attahing to any payment or benefit in kind furnished to a worker by his or her employer shall not be treated as wages of the worker exept in the ase of any vouher, stamp or similar doument whih is of a fixed value expressed in monetary terms, and apable of being exhanged (whether on its own or together with other vouhers, stamps or douments, and whether immediately or only after a time) for money, goods or servies (or for any ombination of 2 or more of those things). 28 Supplemental interpretation of setions 21 to 27 [P1991/19/20; 1996/18/13 and 17] (1) Where the total amount of any wages that are paid on any oasion by an employer to any worker employed by him or her is less than the total amount of the wages that are properly payable by him or her to the worker on that oasion (after dedutions) then, exept in so far as the defiieny is attributable to an error of omputation, the amount of the defiieny shall be treated for the purposes of setions 21 to 27 and this setion as a dedution made by the employer from the worker s wages on that oasion. (2) In subsetion (1) the referene to an error of omputation is a referene to an error of any desription on the part of the employer affeting the omputation by him or her of the gross amount of the wages that are properly payable by him or her to the worker on that oasion. (3) Any referene in setions 21 to 27 to an employer reeiving a payment from a worker employed by him or her is a referene to the reeipt of suh a payment in his or her apaity as the worker s employer. AT 21 of 2006 Page 37

Setion 29 Employment At 2006 Induements 29 Induements relating to union membership or ativities [P1992/52/145A] (1) A worker has the right not to have an offer made to him or her by his or her employer for the sole or main purpose of induing the worker () (d) not to be or seek to beome a member of a registered trade union, not to take part, at an appropriate time, in the ativities of a registered trade union, not to make use, at an appropriate time, of trade union servies, or to be or beome a member of any trade union or of a partiular trade union or of one of a number of partiular trade unions. (2) In subsetion (1) an appropriate time means a time outside the worker s working hours, or a time within his or her working hours at whih, in aordane with arrangements agreed with or onsent given by his or her employer, it is permissible to take part in the ativities of a trade union or (as the ase may be) make use of trade union servies. (3) In subsetion (2) working hours, in relation to a worker, means any time when, in aordane with his or her ontrat of employment (or other ontrat personally to do work or perform servies), he or she is required to be at work. (4) In subsetions (1) and (2) trade union servies means servies made available to the worker by a registered trade union by virtue of his or her membership of the union, and referenes to a worker s making use of trade union servies inlude his or her onsenting to the raising of a matter on his or her behalf by a registered trade union of whih he or she is a member. (5) A worker may present a omplaint to the Tribunal on the ground that his or her employer has made him or her an offer in ontravention of this setion. 30 Induements relating to olletive bargaining [P1992/52/145B] (1) A worker who is a member of a registered trade union whih is reognised by his or her employer has the right not to have an offer made to him or her by his or her employer if Page 38 AT 21 of 2006

Employment At 2006 Setion 31 aeptane of the offer, together with other workers aeptane of offers whih the employer also makes to them, would have the prohibited result, and the employer s sole or main purpose in making the offers is to ahieve that result. (2) The prohibited result is that the workers terms of employment, or any of those terms, will no longer be determined by olletive agreement negotiated by or on behalf of the union. (3) It is immaterial for the purposes of subsetion (1) whether the offers are made to the workers simultaneously. (4) Having terms of employment determined by olletive agreement shall not be regarded for the purposes of setion 29 (induements: union membership or ativities), 67 (detriment: trade union membership or ativities) or 120 (dismissal: trade union membership or ativities) as making use of a trade union servie. (5) A worker may present a omplaint to the Tribunal on the ground that his or her employer has made him or her an offer in ontravention of this setion. 31 Time limit for proeedings [P1992/52/145C] The Tribunal shall not onsider a omplaint under setion 29 or 30 unless it is presented before the end of the period of 3 months beginning with the date when the offer was made or, where the offer is part of a series of similar offers to the worker, the date when the last of them was made, or where the Tribunal is satisfied that it was not reasonably pratiable for the omplaint to be presented before the end of that period, within suh further period as it onsiders reasonable. 32 Consideration of omplaint [P1992/52/145D] (1) On a omplaint under setion 29 (induements: union membership or ativities) it shall be for the employer to show what was the sole or main purpose in making the offer. (2) On a omplaint under setion 30 (induements: olletive bargaining) it shall be for the employer to show what was the sole or main purpose in making the offers. (3) On a omplaint under setion 29 or 30, in determining any question whether the employer made the offer (or offers) or the purpose for whih he or she did so, no aount shall be taken of any pressure whih was AT 21 of 2006 Page 39

Setion 33 Employment At 2006 exerised on him or her by alling, organising, prouring or finaning a strike or other industrial ation, or by threatening to do so; and that question shall be determined as if no suh pressure had been exerised. (4) In determining whether an employer s sole or main purpose in making offers was the purpose mentioned in setion 30(1), the matters taken into aount must inlude any evidene () that when the offers were made the employer had reently hanged or sought to hange, or did not wish to use, arrangements agreed with the union for olletive bargaining, that when the offers were made the employer did not wish to enter into arrangements proposed by the union for olletive bargaining, or that the offers were made only to partiular workers, and were made with the sole or main purpose of rewarding those partiular workers for their high level of performane or of retaining them beause of their speial value to the employer. 33 Remedies [P1992/52/145E] (1) Subsetions (2) and (3) apply where the Tribunal finds that a omplaint under setion 29 (induements: union membership or ativities) or 30 (induements: olletive bargaining) is well-founded. (2) The Tribunal shall make a delaration to that effet, and shall make an award to be paid by the employer to the omplainant in respet of the offer omplained of. (3) The amount of the award shall be 2,500 or suh other amount as may be presribed by the Department. (4) Where an offer made in ontravention of setion 29 or 30 is aepted if the aeptane results in the worker s agreeing to vary his or her terms of employment, the employer annot enfore the agreement to vary, or reover any sum paid or other asset transferred by him or her under the agreement to vary; if as a result of the aeptane the worker s terms of employment are varied, nothing in setion 29 or 30 makes the variation unenforeable by either party. (5) Nothing in this setion or setions 29 and 30 prejudies any right onferred by setion 67 (detriment on grounds related to trade union membership or ativities) or 72 (remedies). (6) In asertaining any amount of ompensation under setion 72, no redution shall be made on the ground Page 40 AT 21 of 2006

Employment At 2006 Setion 34 that the omplainant aused or ontributed to his or her loss, or to the at or failure omplained of, by aepting or not aepting an offer made in ontravention of setion 29 or 30, or that the omplainant has reeived or is entitled to an award under this setion. 34 Interpretation and other supplementary provisions [P1992/52/145F] (1) Referenes in setions 29 (induements: union membership or ativities) and 30 (induements: olletive bargaining) to being or beoming a member of a trade union inlude referenes to being or beoming a member of a partiular branh or setion of that union, and to being or beoming a member of one of a number of partiular branhes or setions of that union. (2) Referenes in those setions to taking part in the ativities of a trade union, and to servies made available by a trade union by virtue of membership of the union, shall be onstrued in aordane with subsetion (1). (3) The remedy of a worker for infringement of the right onferred on him or her by setion 29 or 30 is by way of a omplaint to the Tribunal in aordane with this Part, and not otherwise. Time off work 35 Time off for arrying out trade union duties [P1991/19/26] (1) An employer shall permit an employee of his or hers who is an offiial of a registered trade union reognised by the employer to take time off, subjet to and in aordane with subsetion (2), during the employee s working hours for the purpose of enabling that person to arry out (i) (ii) any duties as suh an offiial, whih are onerned with negotiations with the employer that are related to or onneted with any matters whih fall within the definition of trade dispute in setion 173(1) (general interpretation) and in relation to whih the trade union is reognised by the employer; or any other duties as suh an offiial, whih are onerned with the performane, on behalf of employees of the AT 21 of 2006 Page 41

Setion 35 Employment At 2006 employer, of any funtions that are related to or onneted with any of those matters and that the employer has agreed may be so performed by the trade union; or to undergo training in aspets of industrial relations whih is (i) (ii) relevant to the arrying out of those duties; and approved by the registered trade union of whih that person is an offiial. (2) The amount of time off whih an employee is to be permitted to take under this setion and the purposes for whih, the oasions on whih and any onditions subjet to whih time off may be so taken are those that are reasonable in all the irumstanes (having regard to any relevant ode of pratie issued or approved by the Department under setion 171 (odes of pratie). (3) An employer who permits an employee to take time off under this setion for any purpose shall, subjet to the following provisions of this setion, pay him or her for the time taken off for that purpose in aordane with the permission where the employee s remuneration for the work he or she would ordinarily have been doing during that time does not vary with the amount of work done, as if he or she had worked at that work for the whole of that time; where the employee s remuneration for that work varies with the amount of work done, an amount alulated by referene to the average hourly earnings for that work. (4) The average hourly earnings referred to in subsetion (3) shall be the average hourly earnings of the employee onerned or, if no fair estimate an be made of those earnings, the average hourly earnings for work of that desription of persons in omparable employment with the same employer or, if there are no suh persons, a figure of average hourly earnings whih is reasonable in the irumstanes. (5) Subjet to subsetion (6), a right to be paid any amount under subsetion (3) shall not affet any right of an employee in relation to remuneration under his or her ontrat of employment (the ontratual remuneration ). (6) Any ontratual remuneration paid to an employee in respet of a period of time off to whih subsetion (1) applies shall go towards disharging any liability of the employer under subsetion (3) in respet of that period, and onversely any payment of any amount under subsetion (3) in respet of a period shall go towards disharging any liability of the employer to pay ontratual remuneration in respet of that period. Page 42 AT 21 of 2006

Employment At 2006 Setion 36 36 Complaints to Tribunal [P1996/18/26] (1) An employee who is an offiial of a registered trade union reognised by his or her employer may present a omplaint to the Tribunal that his or her employer has failed to permit him or her to take time off as required by setion 35 or to pay him or her the whole or part of any amount required to be paid under that setion. (2) The Tribunal shall not onsider a omplaint under this setion that an employer has failed to permit an employee to take time off unless it is presented before the end of the period of 3 months beginning with the date on whih the failure ourred, or within suh further period as the Tribunal onsiders reasonable in a ase where it is satisfied that it was not reasonably pratiable for the omplaint to be presented before the end of that period of 3 months. (3) Where the Tribunal finds a omplaint under this setion well-founded, the Tribunal shall make a delaration to that effet, and shall order the employer to pay to the employee the amount whih it finds due. (4) The amount whih may be ordered by the Tribunal to be paid by an employer shall be suh as the Tribunal onsiders just and equitable in all the irumstanes having regard to the employer s default in failing to permit time off to be taken by the employee, and any loss sustained by the employee whih is attributable to the matters to whih the omplaint relates. 37 Time off for trade union ativities [P1991/19/27] (1) An employer shall permit an employee of his or hers who is a member of an appropriate trade union to take time off, subjet to and in aordane with subsetion (3), during the employee s working hours for the purpose of taking part in any trade union ativity to whih this setion applies. (2) In this setion and in setion 38, appropriate trade union in relation to an employee of any desription, means a registered trade union whih is reognised by the employee s employer in respet of that desription of employee, and the trade union ativities to whih this setion applies are AT 21 of 2006 Page 43

Setion 38 Employment At 2006 any ativities of an appropriate trade union of whih the employee is a member; and any ativities, whether or not falling within paragraph, in relation to whih the employee is ating as a representative of suh a union, exluding ativities whih themselves onsist of industrial ation whether or not in ontemplation or furtherane of a trade dispute. (3) The amount of time off whih an employee is to be permitted to take under this setion and the purposes for whih, the oasions on whih and any onditions subjet to whih time off may be so taken are those that are reasonable in all the irumstanes (having regard to any relevant ode of pratie issued or approved by the Department under setion 171). 38 Complaints to Tribunal [P1996/18/27] (1) An employee who is a member of an appropriate trade union may omplain to the Tribunal that the employer has failed to permit him or her to take time off as required by setion 37. (2) The Tribunal shall not onsider a omplaint under this setion that an employer has failed to permit an employee to take time off unless it is presented before the end of the period of 3 months beginning with the date on whih the failure ourred, or within suh further period as the Tribunal onsiders reasonable in a ase where it is satisfied that it was not reasonably pratiable for the omplaint to be presented before the end of that period of 3 months. (3) Where the Tribunal finds a omplaint under this setion well-founded, the Tribunal shall make a delaration to that effet, and may make an award of ompensation to be paid by the employer to the employee. (4) The amount of the ompensation shall be suh as the Tribunal onsiders just and equitable in all the irumstanes having regard to the employer s default in failing to permit time off to be taken by the employee, and any loss sustained by the employee whih is attributable to the matters to whih the omplaint relates. Page 44 AT 21 of 2006

Employment At 2006 Setion 39 39 Time off for publi duties [P1996/18/50; 1991/19/28] (1) An employer shall permit an employee who is summoned to serve as a member of a jury in pursuane of any provision of the Jury At 1980 or setion 8 of the Coroners of Inquests At 1987 to take time off during the employee s working hours for the purpose of obeying the summons. (2) Subjet to and in aordane with subsetion (4) an employer shall permit an employee who is () (d) a justie of the peae; a member of a loal authority; a member of any statutory tribunal; or a member of the governing body of a shool maintained by the Department of Eduation and Children, 1 to take time off during the employee s working hours for the purposes of performing any of the duties of his or her offie or, as the ase may be, his or her duties as suh a member. (3) For the purposes of subsetion (2) the duties of a member of a body referred to in subsetion (2), () or (d) are attendane at a meeting of the body or any of its ommittees or sub-ommittees; the doing of any other thing approved by the body, or anything of a lass so approved, for the purpose of the disharge of the funtions of the body or of any of its ommittees or subommittees. (4) The amount of time off whih an employee is to be permitted to take under subsetion (2) and the oasions on whih and any onditions subjet to whih time off may be so taken are those that are reasonable in all irumstanes having regard, in partiular, to the following () how muh time off is required for the performane of the duties of the offie or as a member of the body in question and how muh time off is required for the performane of the partiular duty; how muh time off the employee has already been permitted under this setion or setion 35 (time off for arrying out trade union duties) or 37 (time off for trade union ativities); the irumstanes of the employer s business and the effet of the employee s absene on the running of that business. (5) The Department may by order modify the provisions of subsetion (2) by adding any offie or body to, or removing any offie or body from, that subsetion or by altering the desription of any offie or body in that subsetion; and AT 21 of 2006 Page 45

Setion 40 Employment At 2006 modify the provisions of subsetion (3). 40 Complaints to Tribunal [P1996/18/51] (1) An employee may omplain to the Tribunal that his or her employer has failed to permit him or her to take time off as required by setion 39. (2) The Tribunal shall not onsider a omplaint under this setion that an employer has failed to permit an employee to take time off unless it is presented before the end of the period of 3 months beginning with the date on whih the failure ourred, or within suh further period as the Tribunal onsiders reasonable in a ase where it is satisfied that it was not reasonably pratiable for the omplaint to be presented before the end of that period of 3 months. (3) Where the Tribunal finds a omplaint under this setion well-founded, the Tribunal shall make a delaration to that effet, and may make an award of ompensation to be paid by the employer to the employee. (4) The amount of the ompensation shall be suh as the Tribunal onsiders just and equitable in all the irumstanes having regard to the employer s default in failing to permit time off to be taken by the employee, and any loss sustained by the employee whih is attributable to the matters to whih the omplaint relates. 41 Time off to look for work et. [P1996/18/52 and 53; 1991/19/30] (1) An employee who is given notie of dismissal by reason of redundany is, subjet to the following provisions of this setion, entitled before the expiration of his or her notie to be allowed by the employer reasonable time off during the employee s working hours in order to look for new employment or make arrangements for training for future employment. (2) An employee is not entitled to time off under this setion unless, on the later of the following dates the date on whih the notie is due to expire; or the date on whih it would expire, if it were the notie required to be given by setion 106(1) (rights of employer and employee to minimum period of notie); Page 46 AT 21 of 2006

Employment At 2006 Setion 42 the employee will have been or, as the ase may be, would have been ontinuously employed for a period of 2 years or more. (3) An employee who is allowed time off during his or her working hours under subsetion (1) is, subjet to the following provisions of this setion, entitled to be paid remuneration by his or her employer for the period of absene at the appropriate hourly rate. (4) The appropriate hourly rate in relation to an employee is the amount of one week s pay divided by the number of normal working hours in a week for that employee when employed under the ontrat of employment in fore on the day when notie was given; or where the number of suh normal working hours differs from week to week or over a longer period, the average number of suh hours alulated by dividing by 12 the total number of the employee s normal working hours during the period of 12 weeks ending with the last omplete week before the day on whih notie was given. (5) If an employer unreasonably refuses to allow an employee time off from work under this setion, the employee is, subjet to setion 42(4), entitled to be paid an amount equal to the remuneration to whih he or she would have been entitled under subsetion (3) if the employee had been allowed the time off. 42 Complaints to Tribunal [P1996/18/54] (1) An employee may omplain to the Tribunal on the ground that his or her employer has unreasonably refused to allow him or her time off under setion 41 or has failed to pay the whole or any part of any amount to whih the employee is entitled under setion 41(3) or 41(5). (2) The Tribunal shall not entertain a omplaint under subsetion (1) unless it is presented to the Tribunal within the period of 3 months beginning with the day on whih it is alleged that the time off should have been allowed or the failure ourred, or within suh further period as the Tribunal onsiders reasonable in a ase where it is satisfied that it was not reasonably pratiable for the omplaint to be presented within the period of 3 months. (3) If on a omplaint under subsetion (1) the Tribunal finds the grounds of the omplaint well-founded it shall make a delaration to that effet and shall order the employer to pay to the employee the amount whih it finds due. (4) The amount AT 21 of 2006 Page 47

Setion 43 Employment At 2006 of an employer s liability to pay remuneration under setion 41(3); or whih may be ordered by the Tribunal to be paid by an employer under subsetion (3), or, where both paragraphs and are appliable, the aggregate amount of the liabilities referred to in those paragraphs, shall not exeed, in respet of the notie period of any employee, two-fifths of a week s pay of that employee alulated in aordane with the provisions of Shedule 6 (a week s pay). (5) Subjet to subsetion (6), a right to any amount under setion 41(3) or 41(5) shall not affet any right of an employee in relation to remuneration under the ontrat of employment (the ontratual remuneration ). (6) Any ontratual remuneration paid to an employee in respet of a period when he or she takes time off for the purposes referred to in setion 41(1) shall go towards disharging any liability of the employer to pay remuneration under setion 41(3) in respet of that period, and onversely any payment of remuneration under setion 41(3) in respet of a period shall go towards disharging any liability of the employer to pay ontratual remuneration in respet of that period. 43 Time off for ante-natal are [P1996/18/55 and 56; 1991/19/31] (1) An employee who is pregnant and who has, on the advie of a registered medial pratitioner or registered midwife, made an appointment to attend at any plae for the purpose of reeiving ante-natal are has, subjet to the following provisions of this setion, the right not to be unreasonably refused time off during her working hours to enable her to keep the appointment. (2) Subjet to subsetion (3), an employer is not required by virtue of this setion to permit an employee to take time off to keep an appointment unless, if she requests him or her to do so, she produes for his or her inspetion a ertifiate from a registered medial pratitioner or registered midwife stating that the employee is pregnant, and an appointment ard or some other doument showing that the appointment has been made. (3) Subsetion (2) does not apply where the employee s appointment is the first appointment during her pregnany for whih she seeks permission to take time off in aordane with subsetion (1). (4) An employee who is permitted to take time off during her working hours in aordane with subsetion (1) is entitled to be paid remuneration by her employer for the period of absene at the appropriate hourly rate. Page 48 AT 21 of 2006

Employment At 2006 Setion 44 (5) The appropriate hourly rate in relation to an employee is the amount of one week s pay divided by () the number of normal working hours in a week for that employee when employed under the ontrat of employment in fore on the day when time off is taken; or where the number of suh normal working hours differs from week to week or over a longer period, the average number of suh hours (alulated by dividing by 12 the total number of the employee s normal working hours during the period of 12 weeks ending with the last omplete week before the day on whih the time off is taken); or in a ase falling within paragraph but where the employee has not been employed for a suffiient period to enable the alulation to be made under that paragraph, a number whih fairly represents the number of normal working hours in a week having regard to suh of the following onsiderations as are appropriate in the irumstanes (i) (ii) the average number of normal working hours in a week whih the employee ould expet in aordane with the terms of her ontrat; the average number of suh hours of other employees engaged in relevant omparable employment with the same employer. 44 Complaints to Tribunal [P1996/18/57] (1) An employee may omplain to the Tribunal that her employer has unreasonably refused her time off as required by setion 43, or has failed to pay her the whole or part of any amount to whih she is entitled under setion 43(4). (2) The Tribunal shall not entertain a omplaint under subsetion (1) unless it is presented within the period of 3 months beginning with the day of the appointment onerned, or within suh further period as the Tribunal onsiders reasonable in a ase where it is satisfied that it was not reasonably pratiable for the omplaint to be presented within the period of 3 months. (3) Where on a omplaint under subsetion (1) the Tribunal finds the omplaint well-founded it shall make a delaration to that effet; and if the omplaint is that the employer has unreasonably refused the employee time off, the Tribunal shall order the employer to pay to the employee an amount equal to the remuneration to whih she would have been entitled under setion 43(4) if the time off had not been refused; and AT 21 of 2006 Page 49

Setion 45 Employment At 2006 if the omplaint is that the employer has failed to pay the employee the whole or part of any amount to whih she is entitled under setion 43(4), the Tribunal shall order the employer to pay to the employee the amount whih it finds due to her. (4) Subjet to subsetion (5), a right to any amount under setion 43(4) does not affet any right of an employee in relation to remuneration under her ontrat of employment (the ontratual remuneration ). (5) Any ontratual remuneration paid to an employee in respet of a period of time off under this setion shall go towards disharging any liability of the employer to pay remuneration under setion 43(4) in respet of that period, and onversely any payment of remuneration under setion 43(4) in respet of a period shall go towards disharging any liability of the employer to pay ontratual remuneration in respet of that period. 45 Right to time off for pension sheme trustees [P1996/18/58] (1) The employer in relation to a relevant oupational pension sheme shall permit an employee who is a trustee of the sheme to time off during the employee s working hours for the purpose of performing any of his or her duties as suh a trustee, or undergoing training relevant to the performane of those duties. (2) The amount of time off whih an employee is to be permitted to take under this setion and the purposes for whih, the oasions on whih and any onditions subjet to whih time off may be so taken are those that are reasonable in all the irumstanes having regard, in partiular, to (3) In this setion how muh time off is required for the performane of the duties of a trustee of the sheme and the undergoing of relevant training, and how muh time off is required for performing the partiular duty or for undergoing the partiular training, and the irumstanes of the employer s business and the effet of the employee s absene on the running of that business. an employee who is a trustee of the sheme inludes a diretor of a ompany whih is a trustee of a relevant oupational pension sheme and referenes to suh a trustee shall be read for this purpose as referenes to suh a diretor, and relevant oupational pension sheme means an oupational pension sheme (as defined in setion 1 of the Pension Shemes At 1993 (as that At of Parliament has effet in the Island) established under a trust for employees of the employer, and Page 50 AT 21 of 2006

Employment At 2006 Setion 46 () (d) referenes to the employer, in relation to suh a sheme, are to an employer of persons in the desription or ategory of employment to whih the sheme relates, and referenes to training are to training on the employer s premises or elsewhere. 46 Right to payment for time off under setion 45 [P1996/18/59] (1) An employer who permits an employee to take time off under setion 45 shall pay him or her for the time taken off pursuant to the permission. (2) Where the employee s remuneration for the work he or she would ordinarily have been doing during that time does not vary with the amount of work done, he or she must be paid as if he or she had worked at that work for the whole of that time. (3) Where the employee s remuneration for the work he or she would ordinarily have been doing during that time varies with the amount of work done, he or she must be paid an amount alulated by referene to the average hourly earnings for that work. (4) The average hourly earnings mentioned in subsetion (3) are those of the employee onerned, or if no fair estimate an be made of those earnings, the average hourly earnings for work of that desription of persons in omparable employment with the same employer or, if there are no suh persons, a figure of average hourly earnings whih is reasonable in the irumstanes. (5) A right to be paid an amount under subsetion (1) does not affet any right of an employee in relation to remuneration under his or her ontrat of employment (the ontratual remuneration ). (6) Any ontratual remuneration paid to an employee in respet of a period of time off under setion 45 goes towards disharging any liability of the employer under subsetion (1) in respet of that period; and, onversely, any payment under subsetion (1) in respet of a period goes towards disharging any liability of the employer to pay ontratual remuneration in respet of that period. 47 Complaints to Tribunal [P1996/18/60] (1) An employee may present a omplaint to the Tribunal that his or her employer has failed to permit the employee to take time off as required by setion 45, or has failed to pay the employee in aordane with setion 46. AT 21 of 2006 Page 51

Setion 48 Employment At 2006 (2) The Tribunal shall not onsider a omplaint under this setion unless it is presented before the end of the period of 3 months beginning with the date when the failure ourred, or within suh further period as the Tribunal onsiders reasonable in a ase where it is satisfied that it was not reasonably pratiable for the omplaint to be presented before the end of that period of 3 months. (3) Where the Tribunal finds a omplaint under subsetion (1) wellfounded, the Tribunal shall make a delaration to that effet, and may make an award of ompensation to be paid by the employer to the employee. (4) The amount of the ompensation shall be suh as the Tribunal onsiders just and equitable in all the irumstanes having regard to the employer s default in failing to permit time off to be taken by the employee, and any loss sustained by the employee whih is attributable to the matters omplained of. (5) Where on a omplaint under subsetion (1) the Tribunal finds that an employer has failed to pay an employee in aordane with setion 46, it shall order the employer to pay the amount whih it finds to be due. 48 Provisions supplementary to setions 35 to 47 [P1996/18/61; 1991/19/32] (1) For the purposes of setions 35 to 47 the working hours of an employee shall be taken to be any time when, in aordane with his or her ontrat of employment, the employee is required to be at work. (2) For the purposes of setions 35 (time off for arrying out trade union duties) and 37 (time off for trade union ativities) a registered trade union shall be taken to be reognised by an employer if it is reognised by him or her, to any extent, for the purpose of olletive bargaining, that is, negotiations related to or onneted with one or more of the matters speified in the definition of trade dispute in setion 173(1). Page 52 AT 21 of 2006

Employment At 2006 Setion 49 PART IV PROTECTED DISCLOSURES 49 Meaning of proteted dislosure [P1996/18/43A] In this At a proteted dislosure means a qualifying dislosure (as defined by setion 50) whih is made by a worker in aordane with any of setions 51 to 56, or in aordane with setion 5(1) or 5(2) of the Corruption At 2008. 2 50 Dislosure qualifying for protetion [P1996/18/43B] (1) In this Part a qualifying dislosure means any dislosure of information whih, in the reasonable belief of the worker making the dislosure, tends to show one or more of the following () (d) (e) (f) that a riminal offene has been ommitted, is being ommitted or is likely to be ommitted, that a person has failed, is failing or is likely to fail to omply with any legal obligation to whih he or she is subjet, that a misarriage of justie has ourred, is ourring or is likely to our, that the health or safety of any individual has been, is being or is likely to be endangered, that the environment has been, is being or is likely to be damaged, or that information tending to show any matter falling within any one of the preeding paragraphs has been, or is likely to be deliberately onealed. (2) For the purposes of subsetion (1), it is immaterial whether the relevant failure ourred, ours or would our in the Island or elsewhere, and whether the law applying to it is that of the Isle of Man or of any other ountry or territory. (3) A dislosure of information is not a qualifying dislosure if the person making the dislosure ommits an offene in the Island by making it. (4) A dislosure of information in respet of whih a laim to legal professional privilege ould be maintained in legal proeedings is not a qualifying dislosure if it is made by a person to whom the information had been dislosed in the ourse of obtaining legal advie. (5) In this Part the relevant failure, in relation to a qualifying dislosure, means the matter falling within paragraphs to (f) of subsetion (1). AT 21 of 2006 Page 53

Setion 51 Employment At 2006 51 Dislosure to employer or other responsible person [P1996/18/43C] (1) A qualifying dislosure is made in aordane with this setion if the worker makes it in good faith to his or her employer, or if the worker reasonably believes that the relevant failure relates to the at or failure to at of a person other than his or her employer, to the party exerising responsibility for and having legal ontrol over the ondut of that person. (2) A worker who, in aordane with a proedure whose use by him or her is authorised by his or her employer, makes a qualifying dislosure to a person other than his or her employer, is to be treated for the purposes of this Part as making the qualifying dislosure to his or her employer. 52 Dislosure to legal adviser [P1996/18/43D] A qualifying dislosure is made in aordane with this setion if it is made in the ourse of obtaining legal advie. 53 Dislosure to Civil Servie Commission [P1996/18/43E] A qualifying dislosure is made in aordane with this setion if the worker s employer is (i) (ii) an individual appointed under any enatment by the Civil Servie Commission or the Counil of Ministers, or a body any of whose members are so appointed, and the dislosure is made in good faith to the Civil Servie Commission. 54 Dislosure to presribed person [P1996/18/43F] (1) A qualifying dislosure is made in aordane with this setion if the worker makes the dislosure in good faith to a person presribed by an order made by the Department for the purposes of this setion, and reasonably believes (i) that the relevant failure falls within any desription of matters in respet of whih that person is so presribed, and Page 54 AT 21 of 2006

Employment At 2006 Setion 55 (ii) that the information dislosed, and any allegation ontained in it, are substantially true. (2) An order presribing persons for the purposes of this setion may speify persons or desriptions of persons, and shall speify the desriptions of matters in respet of whih eah person, or persons of eah desription, is or are presribed. 55 Dislosure in other ases [P1996/18/43G] (1) A qualifying dislosure is made in aordane with this setion if () (d) (e) the worker makes the dislosure in good faith, he or she reasonably believes that the information dislosed, and any allegation ontained in it, are substantially true, he or she does not make the dislosure for purposes of personal gain, any of the onditions in subsetion (2) is met, and in all the irumstanes of the ase, it is reasonable for him or her to make the dislosure. (2) The onditions referred to in subsetion (1)(d) are () that, at the time he or she makes the dislosure, the worker reasonably believes that he or she will be subjeted to a detriment by his or her employer if he or she makes a dislosure to his or her employer or in aordane with setion 54, that, in a ase where no person is presribed for the purposes of setion 54 in relation to the relevant failure, the worker reasonably believes that it is likely that evidene relating to the relevant failure will be onealed or destroyed if he or she makes a dislosure to his or her employer, or that the worker has previously made a dislosure of substantially the same information (i) to his or her employer, or (ii) in aordane with setion 54. (3) In determining for the purposes of subsetion (1)(e) whether it is reasonable for the worker to make the dislosure, regard shall be had, in partiular, to () (d) the identity of the person to whom the dislosure is made, the seriousness of the relevant failure, whether the relevant failure is ontinuing or is likely to our in the future, whether the dislosure is made in breah of a duty of onfidentiality owed by the employer to any other person, AT 21 of 2006 Page 55

Setion 56 Employment At 2006 (e) (f) in a ase falling within subsetion (2)()(i) or (ii), any ation whih the employer or the person to whom the previous dislosure in aordane with setion 54 was made has taken or might reasonably be expeted to have taken as a result of the previous dislosure, and in a ase falling within subsetion (2)()(i), whether in making the dislosure to the employer the worker omplied with any proedure whose use by him or her was authorised by the employer. (4) For the purposes of this setion a subsequent dislosure may be regarded as a dislosure of substantially the same information as that dislosed by a previous dislosure as mentioned in subsetion (2)() even though the subsequent dislosure extends to information about ation taken or not taken by any person as a result of the previous dislosure. 56 Dislosure of exeptionally serious failure [P1996/18/43H] (1) A qualifying dislosure is made in aordane with this setion if () (d) (e) the worker makes the dislosure in good faith, he or she reasonably believes that the information dislosed, and any allegation ontained in it, are substantially true, he or she does not make the dislosure for purposes of personal gain, the relevant failure is of an exeptionally serious nature, and in all the irumstanes of the ase, it is reasonable for him or her to make the dislosure. (2) In determining for the purposes of subsetion (1)(e) whether it is reasonable for the worker to make the dislosure, regard shall be had, in partiular, to the identity of the person to whom the dislosure is made. 57 Contratual duties of onfidentiality [P1996/18/43J] (1) Any provision in an agreement to whih this setion applies is void in so far as it purports to prelude the worker from making a proteted dislosure. (2) This setion applies to any agreement between a worker and his or her employer (whether a worker s ontrat or not), inluding an agreement to refrain from instituting or ontinuing any proeedings under any of the Employment Ats or this At or any proeedings for breah of ontrat. Page 56 AT 21 of 2006

Employment At 2006 Setion 58 58 Extension of meaning of worker et for Part IV [P1996/18/43K] (1) For the purposes of this Part worker inludes an individual who is a worker as defined by setion 173(1) (general interpretation) or who works or worked for a person in irumstanes in whih () (d) (i) (ii) he is or was introdued or supplied to do that work by a third person, and the terms on whih he or she is or was engaged to do the work are or were in pratie substantially determined not by him or her but by the person for whom he or she works or worked, by the third person or by both of them, ontrats or ontrated with a person, for the purposes of that person s business, for the exeution of work to be done in a plae not under the ontrol or management of that person and would fall within paragraph of the definition of worker in setion 173(1) if for personally in that provision there were substituted (whether personally or otherwise), works or worked as a person providing general medial servies, general dental servies, general ophthalmi servies or pharmaeutial servies in aordane with arrangements made by the Department of Health under setion 3, 6, 8 or 10 of the National Health Servie At 2001, 3 is or was provided with work experiene provided pursuant to a training ourse or programme or with training for employment (or with both) otherwise than (i) (ii) under a ontrat of employment, or by an eduational establishment on a ourse run by that establishment, and any referene to a worker s ontrat, to employment or to a worker being employed shall be onstrued aordingly. (2) For the purposes of this Part employer inludes () in relation to a worker falling within subsetion (1), the person who substantially determines or determined the terms on whih he or she is or was engaged, in relation to a worker falling within subsetion (1)(), the Department of Health, and 4 in relation to a worker falling within subsetion (1)(d), the person providing the work experiene or training. (3) In this setion eduational establishment inludes any university, ollege, shool or other eduational establishment. AT 21 of 2006 Page 57

Setion 59 Employment At 2006 59 Appliation of this Part and related provisions to polie [P1996/18/43KA] (1) For the purposes of this Part, setion 64 (detriment: proteted dislosures) and setions 71 (omplaints to tribunal) and 72 (remedies) so far as relating to that setion, and () setion 118 (unfair dismissal: proteted dislosures) and the other provisions of Part X so far as relating to the right not to be unfairly dismissed in a ase where the dismissal is unfair by virtue of setion 118, a person who holds, otherwise than under a ontrat of employment, the offie of onstable or an appointment as a polie adet shall be treated as an employee employed by the Chief Constable under a ontrat of employment; and any referene to a worker being employed and to his or her employer shall be onstrued aordingly. 60 Other interpretative provisions [P1996/18/43L] (1) In this Part qualifying dislosure has the meaning given by setion 50; the relevant failure, in relation to a qualifying dislosure, has the meaning given by setion 50(5). (2) In determining for the purposes of this Part whether a person makes a dislosure for purposes of personal gain, there shall be disregarded any reward payable by or under any enatment. (3) Any referene in this Part to the dislosure of information shall have effet, in relation to any ase where the person reeiving the information is already aware of it, as a referene to bringing the information to his or her attention. PART V DETRIMENT 61 Health and safety ases [P1996/18/44] (1) A worker has the right not to be subjeted to any detriment by any at, or any deliberate failure to at, by his or her employer done on the ground that having been designated by the employer to arry out ativities in onnetion with preventing or reduing risks to health and safety Page 58 AT 21 of 2006

Employment At 2006 Setion 61 at work, the worker arried out (or proposed to arry out) any suh ativities, being a representative of workers on matters of health and safety at work or member of a safety ommittee (i) (ii) in aordane with arrangements established under or by virtue of any enatment, or by reason of being aknowledged as suh by the employer, the worker performed (or proposed to perform) any funtions as suh a representative or a member of suh a ommittee, () being a worker at a plae where (d) (e) (i) (ii) there was no suh representative or safety ommittee, or there was suh a representative or safety ommittee but it was not reasonably pratiable for the worker to raise the matter by those means, he brought to his or her employer s attention, by reasonable means, irumstanes onneted with his or her work whih he or she reasonably believed were harmful or potentially harmful to health or safety, in irumstanes of danger whih the worker reasonably believed to be serious and imminent and whih he or she ould not reasonably have been expeted to avert, he or she left (or proposed to leave) or (while the danger persisted) refused to return to his or her plae of work or any dangerous part of his or her plae of work, or in irumstanes of danger whih the worker reasonably believed to be serious and imminent, he or she took (or proposed to take) appropriate steps to protet himself or herself or other persons from the danger. (2) For the purposes of subsetion (1)(e) whether steps whih a worker took (or proposed to take) were appropriate is to be judged by referene to all the irumstanes inluding, in partiular, his or her knowledge and the failities and advie available to him or her at the time. (3) A worker is not to be regarded as having been subjeted to any detriment on the ground speified in subsetion (1)(e) if the employer shows that it was (or would have been) so negligent for the worker to take the steps whih he or she took (or proposed to take) that a reasonable employer might have treated him or her as the employer did. (4) This setion does not apply where the worker is an employee and the detriment in question amounts to dismissal within the meaning of Part X (unfair dismissal). (5) For the purposes of this setion and setions 64 (detriment: proteted dislosures), 71 (omplaints) and 72 (remedies), worker, worker s AT 21 of 2006 Page 59

Setion 62 Employment At 2006 ontrat, employment and employer have the same extended meaning given by setion 58. 62 Annual leave and other working time ases [P1996/18/45A] (1) A worker has the right not to be subjeted to any detriment by any at, or any deliberate failure to at, by his or her employer done on the ground that the worker () (d) (e) refused (or proposed to refuse) to omply with a requirement whih the employer imposed (or proposed to impose) in ontravention of any regulations made under setion 167 (annual leave and other working time ases), refused (or proposed to refuse) to forgo a right onferred on him or her by those regulations, failed to enter into, or agree to vary or extend, any agreement with his or her employer whih may be provided for in those regulations, brought proeedings against the employer to enfore a right onferred on him or her by those regulations, or alleged that the employer had infringed suh a right. (2) It is immaterial for the purposes of subsetion (1)(d) or (e) whether or not the worker has the right, or whether or not the right has been infringed, but, for those provisions to apply, the laim to the right and that it has been infringed must be made in good faith. (3) It is suffiient for subsetion (1)(e) to apply that the worker, without speifying the right, made it reasonably lear to the employer what the right laimed to have been infringed was. (4) This setion does not apply where the worker is an employee and the detriment in question amounts to dismissal within the meaning of Part X (unfair dismissal). 63 Trustees of oupational pension shemes [P1996/18/46] (1) An employee has the right not to be subjeted to any detriment by any at, or any deliberate failure to at, by his or her employer done on the ground that, being a trustee of a relevant oupational pension sheme whih relates to his or her employment, the employee performed (or proposed to perform) any funtions as suh a trustee. (2) This setion does not apply where the detriment in question amounts to dismissal within the meaning of Part X (unfair dismissal). Page 60 AT 21 of 2006

Employment At 2006 Setion 64 (3) This setion applies to an employee who is a diretor of a ompany whih is a trustee of a relevant oupational pension sheme as it applies to an employee who is a trustee of suh a sheme (referenes to suh a trustee being read for this purpose as referenes to suh a diretor). (4) In this setion relevant oupational pension sheme means an oupational pension sheme as defined in setion 1 of the Pension Shemes At 1993 (as that At of Parliament has effet in the Island) established under a trust. 64 Proteted dislosures [P1996/18/47B] (1) A worker has the right not to be subjeted to any detriment by any at, or any deliberate failure to at, by his or her employer done on the ground that the worker has made a proteted dislosure. (2) This setion does not apply where the worker is an employee, and the detriment in question amounts to dismissal within the meaning of Part X (unfair dismissal). (3) For the purposes of this setion, worker, worker s ontrat, employment and employer have the extended meaning given by setion 58. 65 Leave for family and domesti reasons [P1996/18/47C] (1) An employee has the right not to be subjeted to any detriment by any at, or any deliberate failure to at, by his or her employer done for a presribed reason. (2) A presribed reason is one whih is presribed by regulations made by the Department and whih relates to () (d) (e) pregnany, hildbirth or maternity, ordinary, ompulsory or additional maternity leave, ordinary or additional adoption leave, parental leave, or paternity leave. 66 Flexible working [P1996/18/47E] (1) An employee has the right not to be subjeted to any detriment by any at, or any deliberate failure to at, by his or her employer done on the ground that the employee AT 21 of 2006 Page 61

Setion 67 Employment At 2006 made (or proposed to make) an appliation under setion 99 (statutory right to request flexible working), exerised (or proposed to exerise) a right onferred on him or her under setion 100 (employer s duties in relation to setion 99), () brought proeedings against the employer under setion 101 (omplaints to tribunal), or (d) alleged the existene of any irumstane whih would onstitute a ground for bringing suh proeedings. (2) This setion does not apply where the detriment in question amounts to dismissal within the meaning of Part X (unfair dismissal). 67 Detriment on grounds related to trade union membership or ativities [P1992/52/146; 1991/19/21] (1) A worker has the right not to be subjeted to any detriment as an individual by any at, or any deliberate failure to at, by his or her employer if the at or failure takes plae for the sole or main purpose of () (d) preventing or deterring him or her from being or seeking to beome a member of a registered trade union, or penalising him or her for doing so, preventing or deterring him or her from taking part in the ativities of a registered trade union at an appropriate time, or penalising him or her for doing so, preventing or deterring him or her from making use of trade union servies at an appropriate time, or penalising him or her for doing so, or ompelling him or her to be or beome a member of any trade union or of a partiular trade union or of one of a number of partiular trade unions. (2) In subsetion (1) an appropriate time means a time outside the worker s working hours, or a time within his or her working hours at whih, in aordane with arrangements agreed with or onsent given by his or her employer, it is permissible for him or her to take part in the ativities of a trade union or (as the ase may be) make use of trade union servies; and for this purpose working hours, in relation to a worker, means any time when, in aordane with his or her ontrat of employment (or other ontrat personally to do work or perform servies), he or she is required to be at work. (3) In this setion Page 62 AT 21 of 2006

Employment At 2006 Setion 67 trade union servies means servies made available to the worker by a registered trade union by virtue of his or her membership of the union, and referenes to a worker s making use of trade union servies inlude his or her onsenting to the raising of a matter on his or her behalf by a registered trade union of whih he or she is a member. (4) If a registered trade union of whih a worker is a member raises a matter on his or her behalf (with or without his or her onsent), penalising the worker for that is to be treated as penalising him or her as mentioned in subsetion (1)(). (5) A worker also has the right not to be subjeted to any detriment as an individual by any at, or any deliberate failure to at, by his or her employer if the at or failure takes plae beause of the worker s failure to aept an offer made in ontravention of setion 29 or 30 (induements). (6) For the purposes of subsetion (5), not onferring a benefit that, if the offer had been aepted by the worker, would have been onferred on him or her under the resulting agreement shall be taken to be subjeting the worker to a detriment as an individual (and to be a deliberate failure to at). (7) A worker also has the right not to be subjeted to a detriment as an individual by any at, or any deliberate failure to at, by his or her employer if the at or failure takes plae for the sole or main purpose of enforing a requirement (whether or not imposed by a ontrat of employment or in writing) that, in the event of his or her not being a member of any trade union or of a partiular trade union or of one of a number of partiular trade unions, he or she must make one or more payments. (8) For the purposes of subsetion (7) any dedution made by an employer from the remuneration payable to a worker in respet of his or her employment shall, if it is attributable to his or her not being a member of any trade union or of a partiular trade union or of one of a number of partiular trade unions, be treated as a detriment to whih he or she has been subjeted as an individual by any at of his or her employer taking plae for the sole or main purpose of enforing a requirement of a kind mentioned in that subsetion. (9) This setion does not apply where the worker is an employee; and the detriment in question amounts to dismissal within the meaning of Part X (unfair dismissal). (10) In this setion referenes to being, beoming or easing to remain a member of a trade union inlude referenes to being, beoming or AT 21 of 2006 Page 63

Setion 68 Employment At 2006 easing to remain a member of a partiular branh or setion of that union and to being, beoming or easing to remain a member of one of a number of partiular branhes or setions of that union. 68 Right to aompany or be aompanied [P1999/26/12] (1) A worker has the right not to be subjeted to any detriment by any at, or any deliberate failure to at, by his or her employer done on the ground that the worker exerised or sought to exerise the right under setion 103(2), (3), or (6) (right to be aompanied), or aompanied or sought to aompany another worker (whether of the same employer or not) pursuant to a request under that setion. (2) Referenes in this setion to a worker having aompanied or sought to aompany another worker inlude referenes to that person having exerised or sought to exerise any of the powers onferred by setion 103(2) or (3) (right to be aompanied). (3) This setion does not apply where the worker is an employee; and the detriment in question amounts to dismissal within the meaning of Part X (unfair dismissal). (4) For the purpose of this setion worker has the extended meaning given in setion 58(1). 69 Proteted industrial ation (1) An employee has the right not to be subjeted in the proteted period to any detriment as an individual by any at, or any deliberate failure to at, by his or her employer done on the ground that the employee is or was involved in proteted industrial ation within the meaning of setion 124 (unfair dismissal: proteted industrial ation). (2) This setion does not apply where the detriment in question amounts to dismissal within the meaning of Part X (unfair dismissal). 70 Assertion of statutory right (1) A worker has the right not to be subjeted to any detriment by any at, or any deliberate failure to at, by his or her employer on the ground that he or she exerised or sought to exerise a relevant statutory right or that he or she alleged that the employer had infringed a right of the worker whih is a relevant statutory right. (2) It is immaterial for the purposes of subsetion (1) Page 64 AT 21 of 2006

Employment At 2006 Setion 71 whether or not the worker has the right, or whether or not the right has been infringed, but for that subsetion to apply, the laim to the right and that it has been infringed must be made in good faith. (3) It is suffiient for subsetion (1) to apply that the worker, without speifying the right, made it reasonably lear to the employer what the right laimed to have been infringed was. (4) The following are relevant statutory rights for the purposes of this setion and setion 119 (unfair dismissal: assertion of statutory right) any right onferred by this At for whih the remedy for its infringement is by way of a omplaint or referene to the Tribunal, the right onferred by setion 106 (minimum period of notie), () the rights onferred by any regulations made under setion 167 (annual leave and other working time ases), and (d) suh other rights as may by order be presribed by the Department. (5) This setion does not apply where the detriment in question amounts to dismissal within the meaning of Part X (unfair dismissal). Enforement 71 Complaints to Tribunal [P1996/18/48] (1) An employee may present a omplaint to the Tribunal that he or she has been subjeted to a detriment in ontravention of setions 63 (detriment: trustees of oupational pension shemes), 65 (detriment: leave for family and domesti reasons), 66 (detriment: flexible working) or 69 (detriment: proteted industrial ation). (2) In the ase of a worker, a worker may present a omplaint to the Tribunal that he or she has been subjeted to a detriment in ontravention of setion 61 (detriment: health and safety), 62 (detriment: annual leave, et.), 64 (detriment: proteted dislosure), 67 (detriment: trade union membership or ativities), 68 (detriment: right to be aompanied) or 70 (detriment: assertion of statutory right). (3) On suh a omplaint it is for the employer to show what was the sole or main purpose for whih he or she ated or failed to at. (4) The Tribunal shall not onsider a omplaint under this setion unless it is presented in respet of all omplaints other than omplaints under setion 69 (detriment: proteted industrial ation) before the end of the AT 21 of 2006 Page 65

Setion 72 Employment At 2006 () period of 3 months beginning with the date of the at or failure to at to whih the omplaint relates or, where that at or failure is part of a series of similar ats or failures, the last of them, and in the ase of omplaints under setion 69 before the end of the period of 6 months beginning with the date of the at or failure to at to whih the omplaint relates, or where that at or failure is part of a series of similar ats or failures, the last of them, or within suh further period as the Tribunal onsiders reasonable in a ase where it is satisfied that it was not reasonably pratiable for the omplaint to be presented before the end of that period of 3 months. (5) For the purposes of subsetion (4) where an at extends over a period, the date of the at means the last day of that period, and a deliberate failure to at shall be treated as done when it was deided on; and, in the absene of evidene establishing the ontrary, an employer shall be taken to deide on a failure to at when he or she does an at inonsistent with doing the failed at or, if he or she has done no suh inonsistent at, when the period expires within whih he or she might reasonably have been expeted to do the failed at if it was to be done. (6) For the purposes of setion 67 (detriment: trade union membership or ativities), in determining whether the employer ated or failed to at, or the purpose for whih he or she did so, no aount shall be taken of any pressure whih was exerised on him or her by alling, or organising, prouring or finaning a strike or other industrial ation, or by threatening to do so; and that question shall be determined as if no suh pressure had been exerised. 72 Remedies [P1992/52/149(5); P1996/18/49] (1) Where the Tribunal finds a omplaint under setion 71 well-founded, it shall make a delaration to that effet, and may make an award of ompensation to be paid by the employer to the omplainant in respet of the at or failure to at to whih the omplaint relates. (2) The amount of the ompensation awarded shall be suh as the Tribunal onsiders just and equitable in all the irumstanes having regard to the infringement to whih the omplaint relates, and any loss whih is attributable to the at, or failure to at, whih infringed the omplainant s right. Page 66 AT 21 of 2006

Employment At 2006 Setion 72 (3) The loss shall be taken to inlude any expenses reasonably inurred by the omplainant in onsequene of the at, or failure to at, to whih the omplaint relates; and loss of any benefit whih the omplainant might reasonably be expeted to have had but for that at or failure to at. (4) In asertaining the loss the Tribunal shall apply the same rule onerning the duty of a person to mitigate loss as applies to damages reoverable under the ommon law. (5) Where the Tribunal finds that the at, or failure to at, to whih the omplaint relates was to any extent aused or ontributed to by ation of the omplainant, it shall redue the amount of the ompensation by suh proportion as it onsiders just and equitable having regard to that finding. (6) In the ase of a omplaint under setion 67 (detriment: trade union membership or ativities), in determining the amount of ompensation to be awarded no aount shall be taken of any pressure whih was exerised on the employer by alling, organising, prouring or finaning a strike or other industrial ation, or by threatening to do so; and that question shall be determined as if no suh pressure had been exerised. (7) If in proeedings on a omplaint under setion 67 the omplaint is made on the ground that the omplainant has been subjeted to detriment by an at or failure by the employer taking plae for the sole or main purpose of ompelling the omplainant to be or beome a member of any trade union or of a partiular trade union or of one of a number of partiular trade unions, and either the omplainant or the employer laims in proeedings before the Tribunal that the employer was indued to at or fail to at in the way omplained of by pressure whih a trade union or other person exerised on him or her by alling, organising, prouring or finaning a strike or other industrial ation, or by threatening to do so, the omplainant or the employer may request the Tribunal to diret that the person who he or she laims exerised the pressure be joined as a party to the proeedings. (8) The request shall be granted if it is made before the hearing of the omplaint begins, but may be refused if it is made after that time; and no suh request may be made after the Tribunal has made a delaration that the omplaint is well-founded. (9) Where a person has been so joined as a party to proeedings and the Tribunal AT 21 of 2006 Page 67

Setion 73 Employment At 2006 makes an award of ompensation, and finds that the laim mentioned in subsetion (7) is wellfounded, it may order that the ompensation shall be paid by the person joined instead of by the employer, or partly by that person and partly by the employer, as the Tribunal may onsider just and equitable in the irumstanes. Appliation to polie of rights relating to health and safety 73 Appliation to polie of setion 61 and related provisions [P1996/18/49A] For the purposes of setion 61 (detriment: health and safety), and of setions 71 (omplaints to tribunal) and 72 (remedies) so far as relating to that setion, the holding, otherwise than under a ontrat of employment, of the offie of onstable or an appointment as polie adet shall be treated as employment by the Chief Constable under a ontrat of employment. PART VI SUSPENSION FROM WORK ON MATERNITY GROUNDS 74 Meaning of suspension on maternity grounds [P1996/18/66] (1) For the purposes of this Part an employee is suspended from work on maternity grounds if, in onsequene of any relevant requirement or relevant reommendation, she is suspended from work by her employer on the ground that she is pregnant, has reently given birth or is breastfeeding a hild. (2) In subsetion (1) relevant requirement means a requirement imposed by or under a speified statutory provision, and relevant reommendation means a reommendation in a speified provision of a ode of pratie issued or approved under setion 16 of the Health and Safety at Work et. At 1974 (as that At of Parliament has effet in the Island); and in this subsetion speified statutory provision means a statutory provision for the time being speified in an order made by the Department under this subsetion. (3) For the purposes of this Part an employee shall be regarded as suspended from work on maternity grounds only if and for so long as she Page 68 AT 21 of 2006

Employment At 2006 Setion 75 ontinues to be employed by her employer, but is not provided with work or (disregarding alternative work for the purposes of setion 75 ) does not perform the work she normally performed before the suspension. 75 Right to offer of alternative work [P1996/18/67] (1) Where an employer has available suitable alternative work for an employee, the employee has a right to be offered to be provided with the alternative work before being suspended from work on maternity grounds. (2) For alternative work to be suitable for an employee for the purposes of this setion the work must be of a kind whih is both suitable in relation to her and appropriate for her to do in the irumstanes, and the terms and onditions appliable to her for performing the work, if they differ from the orresponding terms and onditions appliable to her for performing the work she normally performs under her ontrat of employment, must not be substantially less favourable to her than those orresponding terms and onditions. 76 Right to remuneration [P1996/18/68] (1) An employee who is suspended from work on maternity grounds is entitled to be paid remuneration by her employer while she is suspended. (2) An employee is not entitled to remuneration under this setion in respet of any period if her employer has offered to provide her during the period with work whih is suitable alternative work for her for the purposes of setion 75, and the employee has unreasonably refused to perform that work. 77 Calulation of remuneration [P1996/18/69] (1) The amount of remuneration payable by an employer to an employee under setion 76 is a week s pay in respet of eah week of the period of suspension; and if in any week remuneration is payable in respet of only part of that week the amount of a week s pay shall be redued proportionately. AT 21 of 2006 Page 69

Setion 78 Employment At 2006 (2) A right to remuneration under setion 76 does not affet any right of an employee in relation to remuneration under the employee s ontrat of employment (the ontratual remuneration ). (3) Any ontratual remuneration paid by an employer to an employee in respet of any period goes towards disharging the employer s liability under setion 76 in respet of that period; and, onversely, any payment of remuneration in disharge of an employer s liability under setion 76 in respet of any period goes towards disharging any obligation of the employer to pay ontratual remuneration in respet of that period. 78 Complaints to Tribunal under setions 75 and 76 [P1996/18/70] (1) An employee may present a omplaint to the Tribunal that her employer has failed to pay the whole or any part of remuneration to whih she is entitled under setion 76. (2) The Tribunal shall not onsider a omplaint under subsetion (1) relating to remuneration in respet of any day unless it is presented before the end of the period of 3 months beginning with that day, or within suh further period as the Tribunal onsiders reasonable in a ase where it is satisfied that it was not reasonably pratiable for the omplaint to be presented within that period of 3 months. (3) Where the Tribunal finds a omplaint under subsetion (1) well-founded, the Tribunal shall order the employer to pay the employee the amount of remuneration whih it finds is due to her. (4) An employee may present a omplaint to the Tribunal that in ontravention of setion 75 (right to offer of alternative work) her employer has failed to offer to provide her with work. (5) The Tribunal shall not onsider a omplaint under subsetion (4) unless it is presented before the end of the period of 3 months beginning with the first day of the suspension, or within suh further period as the Tribunal onsiders reasonable in a ase where it is satisfied that it was not reasonably pratiable for the omplaint to be presented within that period of 3 months. (6) Where the Tribunal finds a omplaint under subsetion (4) well-founded, the Tribunal may make an award of ompensation to be paid by the employer to the employee. (7) The amount of the ompensation shall be suh as the Tribunal onsiders just and equitable in all the irumstanes having regard to Page 70 AT 21 of 2006

Employment At 2006 Setion 79 the infringement of the employee s right under setion 75 by the failure on the part of the employer to whih the omplaint relates, and any loss sustained by the employee whih is attributable to that failure. PART VII LEAVE FOR FAMILY AND DOMESTIC REASONS 79 Ordinary maternity leave [P1996/18/71] (1) An employee may, provided that she satisfies any onditions whih may be presribed, be absent from work at any time during an ordinary maternity leave period. (2) An ordinary maternity leave period is a period alulated in aordane with regulations made by the Department. (3) Regulations under subsetion (2) shall seure that no ordinary maternity leave period is less than 26 weeks; may allow an employee to hoose, subjet to any presribed restritions, the date on whih an ordinary maternity leave period starts. (4) Subjet to setion 82 (redundany and dismissal), an employee who exerises her right under subsetion (1) () is entitled, for suh purposes and to suh extent as may be presribed, to the benefit of the terms and onditions of employment whih would have applied if she had not been absent, is bound, for suh purposes and to suh extent as may be presribed, by any obligations arising under those terms and onditions (exept in so far as they are inonsistent with subsetion (1)), and is entitled to return from leave to a job of a presribed kind. (5) In subsetion (4) terms and onditions of employment inludes matters onneted with an employee s employment whether or not they arise under her ontrat of employment, but does not inlude terms and onditions about remuneration. (6) The Department may make regulations speifying matters whih are, or are not, to be treated as remuneration for the purposes of this setion. (7) The Department may make regulations making provision, in relation to the right to return under subsetion 4(), about AT 21 of 2006 Page 71

Setion 80 Employment At 2006 seniority, pension rights and similar rights; and terms and onditions of employment on return. 80 Compulsory maternity leave [P1996/18/72] (1) An employer shall not permit an employee who satisfies presribed onditions to work during a ompulsory maternity leave period. (2) A ompulsory maternity leave period is a period alulated in aordane with regulations made by the Department. (3) Regulations under subsetion (2) shall seure that no ompulsory leave period is less than 2 weeks, and that every ompulsory maternity leave period falls within an ordinary maternity leave period. (4) Subjet to subsetion (5), any provision of or made under the Health and Safety at Work et. At 1974 (as that At of Parliament has effet in the Island), shall apply in relation to the prohibition under subsetion (1) as if it were imposed by regulations under setion 15 of that At. (5) Setion 33(1)() of the 1974 At shall not apply in relation to the prohibition under subsetion (1); and an employer who ontravenes that subsetion shall be guilty of an offene, and liable on summary onvition to a fine not exeeding 5,000. 81 Additional maternity leave [P1996/18/73] (1) An employee who satisfies presribed onditions may be absent from work at any time during an additional maternity leave period. (2) An additional maternity leave period is a period alulated in aordane with regulations made by the Department. (3) Regulations under subsetion (2) may allow an employee to hoose, subjet to presribed restritions, the date on whih an additional maternity leave period ends. (4) Subjet to setion 82 (redundany and dismissal), an employee who exerises her right under subsetion (1) is entitled, for suh purposes and to suh extent as may be presribed, to the benefit of the terms and onditions of employment whih would have applied if she had not been absent, is bound, for suh purposes and to suh extent as may be presribed, by obligations arising under those terms and Page 72 AT 21 of 2006

Employment At 2006 Setion 82 () onditions (exept in so far as they are inonsistent with subsetion (1)), and is entitled to return from leave to a job of a presribed kind. (5) In subsetion (4) terms and onditions of employment inludes matters onneted with an employee s employment whether or not they arise under her ontrat of employment, but does not inlude terms and onditions about remuneration. (6) In subsetion (4)(), the referene to return from leave inludes, where appropriate, a referene to a ontinuous period of absene attributable partly to additional maternity leave and partly to ordinary maternity leave. (7) The Department may make regulations speifying matters whih are, or are not, to be treated as remuneration for the purposes of this setion. (8) The Department may make regulations making provision, in relation to the right to return under subsetion (4)(), about seniority, pension rights and similar rights; terms and onditions of employment on return. 82 Redundany and dismissal [P1996/18/74] (1) Regulations under setion 79 or 81 may make provision about redundany during an ordinary or additional maternity leave period. (2) Regulations under setion 79 or 81 may make provision about dismissal (other than by reason of redundany) during an ordinary or additional maternity leave period. (3) Regulations made by virtue of subsetion (1) or (2) may inlude provision requiring an employer to offer alternative employment; provision for the onsequenes of failure to omply with the regulations (whih may inlude provision for a dismissal to be treated as unfair for the purposes of Part X (unfair dismissal)). (4) Regulations under setion 79 or 81 may make provision for setion 79(4)() or 81(4)() not to apply in speified ases, and about dismissal at the onlusion of an ordinary or additional maternity leave period. 83 Setions 79 to 81: supplemental [P1996/18/75] Regulations under setion 79, 80 or 81 may AT 21 of 2006 Page 73

Setion 84 Employment At 2006 () (d) (e) (f) (g) make provision about noties to be given, evidene to be produed and other proedures to be followed by employees and employers; make provision for the onsequenes of failure to give noties, to produe evidene or to omply with other proedural requirements; make provision for the onsequenes of failure to at in aordane with a notie given by virtue of paragraph ; make speial provision for ases where an employee has a right whih orresponds to a right under setions 79 to 82 and whih arises under her ontrat of employment or otherwise; make provision modifying the effet of Shedule 6 (a week s pay) in relation to an employee who is or has been absent from work on ordinary or additional maternity leave; make provision applying, modifying or exluding an enatment, in suh irumstanes as may be speified and subjet to any onditions speified, in relation to a person entitled to ordinary, ompulsory or additional maternity leave; make different provision for different ases or irumstanes. 84 Parental leave: hildren with a disability (1) The Department shall make regulations entitling an employee who satisfies speified onditions as to duration of employment, and as to having, or expeting to have, responsibility for a hild with a disability, to be absent from work on parental leave for the purpose of aring for that hild. (2) The regulations shall inlude provision for determining the extent of an employee s entitlement to parental leave in respet of that hild; when parental leave may be taken. (3) Provision under subsetion (2) shall seure that where an employee is entitled to parental leave in respet of a hild with a disability he or she is entitled to a period or total period of leave of at least 3 months; but this subsetion is without prejudie to any provision whih may be made by the regulations for ases in whih a person eases to satisfy onditions under subsetion (1); an entitlement to parental leave is transferred. (4) Provision under subsetion (2) may, in partiular, refer to Page 74 AT 21 of 2006

Employment At 2006 Setion 85 the age of a hild with a disability, or a speified period of time starting from a speified event. (5) Regulations under subsetion (1) may () (d) (e) (f) (g) speify things whih are, or are not, to be taken as done for the purpose of aring for a hild with a disability; require parental leave to be taken as a single period of absene in all ases or in speified ases; require parental leave to be taken as a series of periods of absene in all ases or in speified ases; require all or speified parts of a period of parental leave to be taken at or by speified times; make provision about the postponement by an employer of a period of parental leave whih an employee wishes to take; speify a minimum or maximum period of absene whih may be taken as part of a period of parental leave; speify a maximum aggregate of periods of parental leave whih may be taken during a speified period of time. (6) In this setion, the referene to a hild with a disability is to a hild who is entitled to a disability living allowane within the meaning of setion 71 of the Soial Seurity Contributions and Benefits At 1992 (as that At of Parliament has effet in the Island). 85 Parental leave [P1996/18/76] (1) The Department may make regulations entitling an employee who satisfies speified onditions as to duration of employment, and as to having, or expeting to have, responsibility for a hild who is not a disabled hild within the meaning of setion 84(6), to be absent from work on parental leave for the purpose of aring for that hild. (2) The regulations shall inlude provision for determining the extent of an employee s entitlement to parental leave in respet of that hild; when parental leave may be taken. (3) Provision under subsetion (2) shall seure that where an employee is entitled to parental leave in respet of suh a hild he or she is entitled to a period or total period of leave of at least 3 months; but this subsetion is without prejudie to any provision whih may be made by the regulations for ases in whih AT 21 of 2006 Page 75

Setion 86 Employment At 2006 a person eases to satisfy onditions under subsetion (1); an entitlement to parental leave is transferred. (4) Provision under subsetion (2) may, in partiular, refer to a hild s age, or a speified period of time starting from a speified event. (5) Regulations under subsetion (1) may () (d) (e) (f) (g) speify things whih are, or are not, to be taken as done for the purpose of aring for a hild; require parental leave to be taken as a single period of absene in all ases or in speified ases; require parental leave to be taken as a series of periods of absene in all ases or in speified ases; require all or speified parts of a period of parental leave to be taken at or by speified times; make provision about the postponement by an employer of a period of parental leave whih an employee wishes to take; speify a minimum or maximum period of absene whih may be taken as part of a period of parental leave; speify a maximum aggregate of periods of parental leave whih may be taken during a speified period of time. 86 Rights during and after parental leave [P1996/18/77] (1) Regulations under setion 84 (parental leave: hildren with a disability) and 85 (parental leave) shall provide () that an employee who is absent on parental leave is entitled, for suh purposes and to suh extent as may be presribed, to the benefit of the terms and onditions of employment whih would have applied if he or she had not been absent; that an employee who is absent on parental leave is bound, for suh purposes and to suh extent as may be presribed, by any obligations arising under those terms and onditions (exept in so far as they are inonsistent with setion 84(1) and 85(1)); and that an employee who is absent on parental leave is entitled, subjet to setion 84(1) and 85(1), to return from leave to a job of suh kind as the regulations may speify. (2) In subsetion (1) terms and onditions of employment inludes matters onneted with an employee s employment whether or not they arise under a ontrat of employment, but does not inlude terms and onditions about remuneration. Page 76 AT 21 of 2006

Employment At 2006 Setion 87 (3) Regulations under setion 84 and 85 may speify matters whih are, or are not, to be treated as remuneration for the purposes of subsetion (2). (4) The regulations may make provision, in relation to the right to return mentioned in subsetion (1)(), about seniority, pension rights and similar rights; terms and onditions of employment on return. 87 Speial ases [P1996/18/78] (1) Regulations under setion 84 and 85 may make provision about redundany during a period of parental leave; about dismissal (other than by reason of redundany) during a period of parental leave. (2) Provision by virtue of subsetion (1) may inlude provision requiring an employer to offer alternative employment; provision for the onsequenes of failure to omply with the regulations (whih may inlude provision for a dismissal to be treated as unfair for the purposes of Part X). (3) Regulations under setion 84 and 85 may provide for an employee to be entitled to hoose to exerise all or part of his or her entitlement to parental leave by varying the terms of his or her ontrat of employment as to hours of work, or by varying his or her normal working pratie as to hours of work, in a way speified in or permitted by the regulations for a period speified in the regulations. (4) Provision by virtue of subsetion (3) () may restrit an entitlement to speified irumstanes; may make an entitlement subjet to speified onditions (whih may inlude onditions relating to obtaining the employer s onsent); may inlude onsequential and inidental provision. (5) Regulations under setion 84 and 85 may make provision permitting all or part of an employee s entitlement to parental leave in respet of a hild to be transferred to another employee in speified irumstanes. (6) The referene in setion 86(1)() (rights during and after parental leave) to absene on parental leave inludes, where appropriate, a referene to a AT 21 of 2006 Page 77

Setion 88 Employment At 2006 ontinuous period of absene attributable partly to parental leave and partly to or to both. maternity leave, or adoption leave, (7) Regulations under setion 84 and 85 may provide for speified provisions of the regulations not to apply in relation to an employee if any provision of his or her ontrat of employment onfers an entitlement to absene from work for the purpose of aring for a hild. 88 Supplemental [P1996/18/79] (1) Regulations under setion 84 (parental leave: hildren with a disability) and 85 (parental leave) may, in partiular () (d) (e) (f) (g) (h) make provision about noties to be given and evidene to be produed by employees to employers, by employers to employees, and by employers to other employers; make provision requiring employers or employees to keep reords; make provision about other proedures to be followed by employers and employees; make provision (inluding provision reating riminal offenes) speifying the onsequenes of failure to give noties, to produe evidene, to keep reords or to omply with other proedural requirements; make provision speifying the onsequenes of failure to at in aordane with a notie given by virtue of paragraph ; make speial provision for ases where an employee has a right whih orresponds to a right onferred by the regulations and whih arises under his or her ontrat of employment or otherwise; make provision applying, modifying or exluding an enatment, in suh irumstanes as may be speified and subjet to any onditions speified, in relation to a person entitled to parental leave; make different provision for different ases or irumstanes. (2) The regulations may make provision modifying the effet of Shedule 6 (a week s pay) in relation to an employee who is or has been absent from work on parental leave. Page 78 AT 21 of 2006

Employment At 2006 Setion 89 89 Complaints to Tribunal [P1996/18/80] (1) An employee may present a omplaint to the Tribunal that his or her employer has unreasonably postponed a period of parental leave requested by the employee under setion 84 (parental leave: hildren with a disability) or 85 (parental leave), or has prevented or attempted to prevent the employee from taking parental leave. (2) The Tribunal shall not onsider a omplaint under this setion unless it is presented before the end of the period of 3 months beginning with the date (or last date) of the matters omplained of, or within suh further period as the Tribunal onsiders reasonable in a ase where it is satisfied that it was not reasonably pratiable for the omplaint to be presented before the end of that period of 3 months. (3) Where the Tribunal finds a omplaint under this setion wellfounded it shall make a delaration to that effet, and may make an award of ompensation to be paid by the employer to the employee. (4) The amount of ompensation shall be suh as the Tribunal onsiders just and equitable in all the irumstanes having regard to the employer s behaviour, and any loss sustained by the employee whih is attributable to the matters omplained of. 90 Paternity leave: birth [P1996/18/80A] (1) The Department shall make regulations entitling an employee who satisfies speified onditions () as to duration of employment, as to relationship with a newborn, or expeted, hild, and as to relationship with the hild s mother, to be absent from work on leave under this setion for the purpose of aring for the hild or supporting the mother. (2) The regulations shall inlude provision for determining the extent of an employee s entitlement to leave under this setion in respet of a hild; AT 21 of 2006 Page 79

Setion 91 Employment At 2006 when leave under this setion may be taken. (3) Provision under subsetion (2) shall seure that where an employee is entitled to leave under this setion in respet of a hild he or she is entitled to at least 2 weeks leave. (4) Provision under subsetion (2) shall seure that leave under this setion must be taken before the end of a period of at least 56 days beginning with the date of the hild s birth. (5) Regulations under subsetion (1) may () speify things whih are, or are not, to be taken as done for the purpose of aring for a hild or supporting the hild s mother; make provision exluding the right to be absent on leave under this setion in respet of a hild where more than one hild is born as a result of the same pregnany; make provision about how leave under this setion may be taken. (6) Where more than one hild is born as a result of the same pregnany, the referene in subsetion (4) to the date of the hild s birth shall be read as a referene to the date of birth of the first hild born as a result of the pregnany. (7) In this setion newborn hild inludes a hild stillborn after 24 weeks of pregnany; week means any period of 7 days. 91 Paternity leave: adoption [P1996/18/80B] (1) The Department shall make regulations entitling an employee who satisfies speified onditions () as to duration of employment, as to relationship with a hild plaed, or expeted to be plaed, for adoption under the law of the Island, and as to relationship with a person with whom the hild is, or is expeted to be, so plaed for adoption, to be absent from work on leave under this setion for the purpose of aring for the hild or supporting the person by referene to whom he or she satisfies the ondition under paragraph (). (2) The regulations shall inlude provision for determining the extent of an employee s entitlement to leave under this setion in respet of a hild; when leave under this setion may be taken. Page 80 AT 21 of 2006

Employment At 2006 Setion 92 (3) Provision under subsetion (2) shall seure that where an employee is entitled to leave under this setion in respet of a hild he or she is entitled to at least 2 weeks leave. (4) Provision under subsetion (2) shall seure that leave under this setion must be taken before the end of a period of at least 56 days beginning with the date of the hild s plaement for adoption. (5) Regulations under subsetion (1) may () (d) speify things whih are, or are not, to be taken as done for the purpose of aring for a hild or supporting a person with whom a hild is plaed for adoption; make provision exluding the right to be absent on leave under this setion in the ase of an employee who exerises a right to be absent from work on adoption leave; make provision exluding the right to be absent on leave under this setion in respet of a hild where more than one hild is plaed for adoption as part of the same arrangement; make provision about how leave under this setion may be taken. (6) Where more than one hild is plaed for adoption as part of the same arrangement, the referene in subsetion (4) to the date of the hild s plaement shall be read as a referene to the date of plaement of the first hild to be plaed as part of the arrangement. (7) In this setion, week means any period of 7 days. (8) The Department may by regulations provide for this setion to have effet in relation to ases whih involve adoption, but not the plaement of a hild for adoption under the law of the Island, with suh modifiations as the regulations may presribe. 92 Rights during and after paternity leave [P1996/18/80C] (1) Regulations under setion 90 (paternity leave: birth) shall provide that an employee who is absent on leave under that setion is entitled, for suh purposes and to suh extent as the regulations may presribe, to the benefit of the terms and onditions of employment whih would have applied if he or she had not been absent; that an employee who is absent on leave under that setion is bound, for suh purposes and to suh extent as the regulations may presribe, by obligations arising under those terms and onditions (exept in so far as they are inonsistent with subsetion (1) of that setion), and AT 21 of 2006 Page 81

Setion 93 Employment At 2006 () that an employee who is absent on leave under that setion is entitled to return from leave to a job of a kind presribed by regulations, subjet to setion 93(1) (speial ases). (2) The referene in subsetion (1)() to absene on leave under setion 90 inludes, where appropriate, a referene to a ontinuous period of absene attributable partly to leave under that setion and partly to any one or more of the following () maternity leave, adoption leave, and parental leave. (3) Subsetion (1) shall apply to regulations under setion 91 (paternity leave: adoption) as it applies to regulations under setion 90. (4) In the appliation of subsetion (1)() to regulations under setion 91, the referene to absene on leave under that setion inludes, where appropriate, a referene to a ontinuous period of absene attributable partly to leave under that setion and partly to any one or more of the following () maternity leave, adoption leave, parental leave, and (d) leave under setion 90. (5) In subsetion (1), terms and onditions of employment inludes matters onneted with an employee s employment whether or not they arise under his or her ontrat of employment, but does not inlude terms and onditions about remuneration. (6) Regulations under setion 90 or 91 may speify matters whih are, or are not, to be treated as remuneration for the purposes of this setion. (7) Regulations under setion 90 or 91 may make provision, in relation to the right to return mentioned in subsetion (1)(), about seniority, pension rights and similar rights; terms and onditions of employment on return. 93 Speial ases [P1996/18/80D] (1) Regulations under setion 90 (paternity leave: birth) or 91 (paternity leave: adoption) may make provision about redundany, or dismissal (other than by reason of redundany), Page 82 AT 21 of 2006

Employment At 2006 Setion 94 during a period of leave under that setion. (2) Provision by virtue of subsetion (1) may inlude provision requiring an employer to offer alternative employment; provision for the onsequenes of failure to omply with the regulations (whih may inlude provision for a dismissal to be treated as unfair for the purposes of Part X). 94 Supplemental [P1996/18/80E] Regulations under setion 90 (paternity leave: birth) or 91 (paternity leave: adoption) may () (d) (e) (f) (g) (h) make provision about noties to be given, evidene to be produed and other proedures to be followed by employers and employees; make provision requiring employers or employees to keep reords; make provision for the onsequenes of failure to give noties, to produe evidene, to keep reords or to omply with other proedural requirements; make provision for the onsequenes of failure to at in aordane with a notie given by virtue of paragraph ; make speial provision for ases where an employee has a right whih orresponds to a right under setion 90 or 91 and whih arises under his or her ontrat of employment or otherwise; make provision modifying the effet of Shedule 6 (a week s pay) in relation to an employee who is or has been absent from work on leave under setion 90 or 91; make provision applying, modifying or exluding an enatment, in suh irumstanes as may be speified and subjet to any onditions whih may be speified, in relation to a person entitled to take leave under setion 90 or 91; make different provision for different ases or irumstanes. 95 Ordinary adoption leave [P1996/18/75A] (1) An employee who satisfies presribed onditions may be absent from work at any time during an ordinary adoption leave period. (2) An ordinary adoption leave period is a period alulated in aordane with regulations made by the Department. (3) Subjet to setion 97 (redundany and dismissal), an employee who exerises his or her right under subsetion (1) AT 21 of 2006 Page 83

Setion 96 Employment At 2006 () is entitled, for suh purposes and to suh extent as may be presribed, to the benefit of the terms and onditions of employment whih would have applied if he or she had not been absent, is bound, for suh purposes and to suh extent as may be presribed, by any obligations arising under those terms and onditions (exept in so far as they are inonsistent with subsetion (1)), and is entitled to return from leave to a job of a presribed kind. (4) In subsetion (3) terms and onditions of employment inludes matters onneted with an employee s employment whether or not they arise under his or her ontrat of employment, but does not inlude terms and onditions about remuneration. (5) In subsetion (3)(), the referene to return from leave inludes, where appropriate, a referene to a ontinuous period of absene attributable partly to ordinary adoption leave and partly to maternity leave. (6) The Department may make regulations speifying matters whih are, or are not, to be treated as remuneration for the purposes of this setion. (7) The Department may make regulations making provision, in relation to the right to return under subsetion (3)(), about seniority, pension rights and similar rights; terms and onditions of employment on return. 96 Additional adoption leave [P1996/18/75B] (1) An employee who satisfies presribed onditions may be absent from work at any time during an additional adoption leave period. (2) An additional adoption leave period is a period alulated in aordane with regulations made by the Department. (3) Regulations under subsetion (2) may allow an employee to hoose, subjet to presribed restritions, the date on whih an additional adoption leave period ends. (4) Subjet to setion 97 (redundany and dismissal), an employee who exerises his or her right under subsetion (1) is entitled, for suh purposes and to suh extent as may be presribed, to the benefit of the terms and onditions of employment whih would have applied if he or she had not been absent, is bound, for suh purposes and to suh extent as may be presribed, by obligations arising under those terms and Page 84 AT 21 of 2006

Employment At 2006 Setion 97 () onditions (exept in so far as they are inonsistent with subsetion (1)), and is entitled to return from leave to a job of a presribed kind. (5) In subsetion (4) terms and onditions of employment inludes matters onneted with an employee s employment whether or not they arise under his or her ontrat of employment, but does not inlude terms and onditions about remuneration. (6) In subsetion (4)(), the referene to return from leave inludes, where appropriate, a referene to a ontinuous period of absene attributable partly to additional adoption leave and partly to or to both. maternity leave, or ordinary adoption leave, (7) The Department may make regulations speifying matters whih are, or are not, to be treated as remuneration for the purposes of this setion. (8) The Department may make regulations making provision, in relation to the right to return under subsetion (4)(), about seniority, pension rights and similar rights; terms and onditions of employment on return. 97 Redundany and dismissal [P1996/18/75C] (1) Regulations under setion 95 or 96 may make provision about redundany, or dismissal (other than by reason of redundany), during an ordinary or additional adoption leave period. (2) Regulations made by virtue of subsetion (1) may inlude provision requiring an employer to offer alternative employment; provision for the onsequenes of failure to omply with the regulations (whih may inlude provision for a dismissal to be treated as unfair for the purposes of Part X). (3) Regulations under setion 95 or 96 may make provision for setion 95(3)() or 96(4)() not to apply in speified ases, and about dismissal at the onlusion of an ordinary or additional adoption leave period. AT 21 of 2006 Page 85

Setion 98 Employment At 2006 98 Supplemental [P1996/18/80F] Regulations under setion 95 (ordinary adoption leave) or 96 (additional adoption leave) may () (d) (e) (f) (g) (h) make provision about noties to be given, evidene to be produed and other proedures to be followed by employers and employees; make provision requiring employers or employees to keep reords; make provision for the onsequenes of failure to give noties, to produe evidene, to keep reords or to omply with other proedural requirements; make provision for the onsequenes of failure to at in aordane with a notie given by virtue of paragraph ; make speial provision for ases where an employee has a right whih orresponds to a right under this Part and whih arises under his or her ontrat of employment or otherwise; make provision modifying the effet of Shedule 6 (a week s pay) in relation to an employee who is or has been absent from work on ordinary or additional adoption leave; make provision applying, modifying or exluding an enatment, in suh irumstanes as may be speified and subjet to any onditions speified, in relation to a person entitled to ordinary or additional adoption leave; make different provision for different ases or irumstanes. 99 Statutory right to request flexible working [P1996/18/57A(3) and 80F] (1) A qualifying employee may apply to his or her employer for a hange in his or her terms and onditions of employment if the hange relates to (i) (ii) (iii) (iv) the hours he or she is required to work, the times when he or she is required to work, where, as between his or her home and a plae of business of his or her employer, he or she is required to work, or suh other aspet of his or her terms and onditions of employment as the Department may speify by regulations, and his or her purpose in applying for the hange is to enable him or her to are for someone who, at the time of appliation, is a dependant in respet of whom the onditions as to relationship speified in subsetion (6) are satisfied. Page 86 AT 21 of 2006

Employment At 2006 Setion 99 (2) An appliation under this setion must () (d) state that it is suh an appliation, speify the hange applied for and the date on whih it is proposed the hange should beome effetive, explain what effet, if any, the employee thinks making the hange applied for would have on his or her employer and how, in the employee s opinion, any suh effet might be dealt with, and explain how the employee meets, in respet of the dependant onerned, the onditions as to relationship mentioned in subsetion (1). (3) If an employee has made an appliation under this setion, he or she may not make a further appliation under this setion to the same employer before the end of the period of twelve months beginning with the date on whih the previous appliation was made. (4) The Department may by regulations make provision about the form of appliations under this setion, and when suh an appliation is to be taken as made. (5) For the purposes of this setion, an employee is a qualifying employee if he or she (i) (ii) satisfies suh onditions as to duration of employment as the Department may speify by regulations, and is not an ageny worker; an ageny worker if he or she is supplied by a person ( the agent ) to do work for another ( the prinipal ) under a ontrat or other arrangement made between the agent and the prinipal. (6) For the purposes of this setion dependant means, in relation to an employee a spouse, a hild who has not attained the age of 6 years or suh other age as may be presribed by order by the Department, () a hild with a disability within the meaning of setion 84(6), (d) (e) (f) a parent, a person who lives in the same household as the employee, otherwise than by reason of being (i) (ii) his or her employee, tenant, lodger or boarder, or a hild who is exluded by age from eligibility under paragraph, and suh other ategories of persons as the Department may by regulations from time to time presribe. AT 21 of 2006 Page 87

Setion 100 Employment At 2006 100 Employer s duties in relation to appliation under setion 99 [P1996/18/80G] (1) An employer to whom an appliation under setion 99 is made shall deal with the appliation in aordane with regulations made by the Department, and shall only refuse the appliation beause he or she onsiders that one or more of the following grounds applies (i) (ii) (iii) (iv) (v) (vi) (vii) the burden of additional osts, detrimental effet on ability to meet ustomer demand, inability to re-organise work among existing staff, inability to reruit additional staff, detrimental impat on quality, detrimental impat on performane, insuffiieny of work during the periods the employee proposes to work, (viii) planned strutural hanges, and (ix) suh other grounds as the Department may speify by regulations. (2) Regulations under subsetion (1) may inlude () (d) (e) (f) (g) provision for the holding of a meeting between the employer and the employee to disuss an appliation under setion 99 within 28 days after the date the appliation is made; provision for the giving by the employer to the employee of notie of his or her deision on the appliation within 14 days after the date of the meeting under paragraph ; provision for notie under paragraph of a deision to refuse the appliation to state the grounds for the deision; provision for the employee to have a right, if he or she is dissatisfied with the employer s deision, to appeal against it within 14 days after the date on whih notie under paragraph is given; provision about the proedure for exerising the right of appeal under paragraph (d), inluding provision requiring the employee to set out the grounds of appeal; provision for notie under paragraph to inlude suh information as the regulations may speify relating to the right of appeal under paragraph (d); provision for the holding, within 14 days after the date on whih notie of appeal is given by the employee, of a meeting between the employer and the employee to disuss the appeal; Page 88 AT 21 of 2006

Employment At 2006 Setion 101 (h) (i) (j) (k) (l) (m) (n) provision for the employer to give the employee notie of his or her deision on any appeal within 14 days after the date of the meeting under paragraph (g); provision for notie under paragraph (h) of a deision to dismiss an appeal to state the grounds for the deision; provision for a statement under paragraph () or (i) to ontain a suffiient explanation of the grounds for the deision; provision for the employee to have a right to be aompanied at meetings under paragraph or (g) by a person of suh desription as the regulations may speify and for that person to be granted time off and to be paid by the employer under setion 35(3), (4), (5) and (6) (time off for trade union ativities) as if he or she were an offiial of a registered trade union; provision for postponement in relation to any meeting under paragraph or (g) whih a ompanion under paragraph (k) is not available to attend; provision in relation to ompanions under paragraph (k) orresponding to setion 103(8) and (10) (right to paid time off to at as ompanion, et.); provision, in relation to the rights under paragraphs (k) and (l), for the appliation (with or without modifiation of setions 68, 104 and 105 (provisions anillary to right to be aompanied under setion 103). (3) Regulations under subsetion (1) may inlude () provision for any requirement of the regulations not to apply where an appliation is disposed of by agreement or withdrawn; provision for extension of a time limit where the employer and employee agree, or in suh other irumstanes as the regulations may speify; provision for appliations to be treated as withdrawn in speified irumstanes; and may make different provision for different ases. (4) The Department may by order amend subsetion (2). 101 Complaints to Tribunal [P2002/22/80H] (1) An employee who makes an appliation under setion 99 (statutory right to request flexible working) may present a omplaint to the Tribunal that his or her employer has failed in relation to the appliation to omply with setion 100(1) (employer s duties, et.), or AT 21 of 2006 Page 89

Setion 102 Employment At 2006 that a deision by his or her employer to rejet the appliation was based on inorret fats. (2) No omplaint under this setion may be made in respet of an appliation whih has been disposed of by agreement or withdrawn. (3) In the ase of an appliation whih has not been disposed of by agreement or withdrawn, no omplaint under this setion may be made until the employer notifies the employee of a deision to rejet the appliation on appeal, or ommits a breah of regulations under setion 100(1) of suh desription as the Department may speify by regulations. (4) No omplaint under this setion may be made in respet of failure to omply with provision inluded in regulations under setion 100(1) beause of subsetion (2)(k), (1) or (m) of that setion. (5) The Tribunal shall not onsider a omplaint under this setion unless it is presented before the end of the period of 3 months beginning with the relevant date, or within suh further period as the Tribunal onsiders reasonable in a ase where it is satisfied that it was not reasonably pratiable for the omplaint to be presented before the end of that period of 3 months. (6) In subsetion (5), the referene to the relevant date is in the ase of a omplaint permitted by subsetion (3), the date on whih the employee is notified of the deision on the appeal, and in the ase of a omplaint permitted by subsetion (3), the date on whih the breah onerned was ommitted. 102 Remedies [P1996/18/80I] (1) Where the Tribunal finds a omplaint under setion 101 well-founded it shall make a delaration to that effet and may make an order for reonsideration of the appliation, and make an award of ompensation to be paid by the employer to the employee. (2) The amount of ompensation shall be suh amount, not exeeding the permitted maximum, as the Tribunal onsiders just and equitable in all the irumstanes. (3) For the purposes of subsetion (2), the permitted maximum is suh number of weeks pay as the Department may speify by regulations. Page 90 AT 21 of 2006

Employment At 2006 Setion 103 (4) Where the Tribunal makes an order under subsetion (1), setion 100 (employer s duties, et.), and the regulations under that setion, shall apply as if the appliation had been made on the date of the order. PART VIII - DISCIPLINARY AND GRIEVANCE HEARINGS 103 Right to be aompanied [P1999/26/10] (1) This setion applies where a worker is required or invited by his or her employer to attend a disiplinary or grievane hearing, and reasonably requests to be aompanied at the hearing. (2) Where this setion applies, the employer must permit the worker to be aompanied at the hearing by one ompanion who is hosen by the worker; and is within subsetion (5). (3) The employer must permit the worker s ompanion to address the hearing in order to do any or all of the following (i) (ii) (iii) put the worker s ase; sum up that ase; respond on the worker s behalf to any view expressed at the hearing; onfer with the worker during the hearing. (4) Subsetion (3) does not require the employer to permit the worker s ompanion to () answer questions on behalf of the worker; address the hearing if the worker indiates at it that he or she does not wish his or her ompanion to do so; or use the powers onferred by that subsetion in a way that prevents the employer from explaining his or her ase or prevents any other person at the hearing from making a ontribution to it. (5) A person is within this subsetion if he or she is employed by a trade union of whih he or she is an offiial within the meaning of setion 25 of the Trade Unions At 1991 (interpretation: general), an offiial of a trade union (within that meaning) whom the union has reasonably ertified in writing as having experiene of, or as having reeived training in, ating as a worker s ompanion at disiplinary or grievane hearings, or AT 21 of 2006 Page 91

Setion 104 Employment At 2006 () (6) If () another of the employer s workers. a worker has a right under this setion to be aompanied at a hearing, his hosen ompanion will not be available at the time proposed for the hearing by the employer, and the worker proposes an alternative time whih satisfies subsetion (7), the employer must postpone the hearing to the time proposed by the worker. (7) An alternative time must be reasonable, and fall before the end of the period of 5 working days beginning with the first working day after the day proposed by the employer. (8) An employer shall permit a worker to take time off during working hours for the purpose of aompanying another of the employer s workers in aordane with a request under subsetion (1). (9) Setion 35(2) to (6) (time off for arrying out trade union duties), 36 and 48(1) (omplaints to tribunal; supplementary provisions) shall apply in relation to subsetion (8) as they apply in relation to setion 35(1). (10) Setion 35(3) to 35(6) (payment for time off for arrying out trade union duties) shall apply in relation to subsetion (8) in respet of a person who falls within subsetion (5)() as if he or she were an offiial of a registered trade union. 104 Complaints to Tribunal [P1999/26/1] (1) A worker may present a omplaint to the Tribunal that his or her employer has failed, or threatened to fail, to omply with setion 103(2), (3) or (6). (2) The Tribunal shall not onsider a omplaint under this setion in relation to a failure or threat unless the omplaint is presented before the end of the period of 3 months beginning with the date of the failure or threat, or within suh further period as the Tribunal onsiders reasonable in a ase where it is satisfied that it was not reasonably pratiable for the omplaint to be presented before the end of that period of 3 months. (3) Where the Tribunal finds that a omplaint under this setion is wellfounded it shall order the employer to pay ompensation to the worker of an amount not exeeding 2 weeks pay. Page 92 AT 21 of 2006

Employment At 2006 Setion 105 (4) Shedule 6 (a week s pay) shall apply for the purposes of subsetion (3); and in applying that Shedule the alulation date shall be taken to be in the ase of a laim whih is made in the ourse of a laim for unfair dismissal, the date on whih the employer s notie of dismissal was given or, if there was no notie, the effetive date of termination, and in any other ase, the date on whih the relevant hearing took plae (or was to have taken plae). 105 Interpretation of Part VIII [P1999/26/13] (1) In this Part worker has the meaning given to it by setion 58(1) and any referene to a worker s ontrat, to employment or to a worker being employed shall be onstrued aordingly. (2) For the purposes of setion 103 (right to be aompanied) a disiplinary hearing is a hearing whih ould result in () the administration of a formal warning to a worker by his or her employer, the taking of some other ation in respet of a worker by his or her employer, or the onfirmation of a warning issued or some other ation taken. (3) For the purposes of setion 103 a grievane hearing is a hearing whih onerns the performane of a duty by an employer in relation to a worker. (4) For the purposes of setion 103(7) a working day is a day other than a Saturday or a Sunday, Christmas Day or Good Friday, or () a day whih is a bank holiday under the Bank Holidays At 1989. PART IX TERMINATION OF EMPLOYMENT 106 Rights of employer and employee to a minimum period of notie [P1996/18/86; 1991/19/36] (1) Subjet to subsetion (7), the notie required to be given by an employer to terminate the ontrat of employment of a person who has been ontinuously employed for one month or more is not less than one week s notie if his or her period of ontinuous employment is less than 2 years; AT 21 of 2006 Page 93

Setion 107 Employment At 2006 () not less than one week s notie for eah year of ontinuous employment if his or her period of ontinuous employment is 2 years or more but less than 12 years; and not less than 12 weeks notie if his or her period of ontinuous employment is 12 years or more. (2) The notie required to be given by an employee who has been ontinuously employed for one month or more to terminate his or her ontrat of employment is () not less than one week s notie if his or her period of ontinuous employment is less than 2 years; not less than one week s notie for eah year of ontinuous employment if his or her period of ontinuous employment is 2 years or more but less than 4 years; not less than 4 weeks notie if his or her period of ontinuous employment is 4 years or more. (3) Any provision for shorter notie in any ontrat of employment with a person who has been ontinuously employed for one month or more shall have effet subjet to subsetions (1) and (2), but this setion shall not be taken to prevent either party from waiving his or her right to notie on any oasion, or from aepting a payment in lieu of notie. (4) Any ontrat of employment of a person who has been ontinuously employed for 3 months or more whih is a ontrat for a term ertain of one month or less shall have effet as if it were for an indefinite period and, aordingly, subsetions (1) and (2) shall apply to the ontrat. (5) This setion does not affet any right of either party to treat the ontrat as terminable without notie by reason of suh ondut by the other party as would have enabled him or her so to treat it before the passing of this At. (6) The definition of week given by setion 173(1) (general interpretation) does not apply for the purposes of this setion. (7) The Department may by order vary any minimum period of notie required by this setion after onsulting with suh persons as it onsiders appropriate. 107 Rights of employee in period of notie [P1996/18/87; 1991/19/37] (1) If an employer gives notie to terminate the ontrat of employment of a person who has been ontinuously employed for one month or more, Shedule 2 has effet as respets the liability of the employer for the period of notie required by setion 106(1) (minimum notie by employer). Page 94 AT 21 of 2006

Employment At 2006 Setion 108 (2) If an employee who has been ontinuously employed for one month or more gives notie to terminate his or her ontrat of employment, Shedule 2 has effet as respets the liability of the employer for the period of notie required by setion 106(2) (minimum notie by employee). (3) This setion does not apply in relation to a notie given by the employer or the employee if the notie to be given by the employer to terminate the ontrat must be at least 2 weeks more than the notie required by setion 106(1). 108 Measure of damages in proeedings against employers [P1991/19/38] If an employer fails to give the notie required by setion 106, the rights onferred by setion 107 (with Shedule 2) shall be taken into aount in assessing his or her liability for breah of the ontrat. 109 Statutory ontrats [P1991/19/39] Setions 106 and 107 apply in relation to a ontrat all or any of the terms of whih are terms whih take effet by virtue of any provision ontained in or having effet under a statutory provision, as they apply in relation to any other ontrat; and the referene in this setion to a statutory provision inludes, subjet to any express provision to the ontrary, suh a provision made after the passing of this At. 110 Right to written statement of reasons for dismissal [P1996/18/92 and 93; 1991/19/40] (1) Subjet to subsetions (2) and (3), an employee is entitled () if he or she is given by his or her employer notie of termination of his or her ontrat of employment; if his or her ontrat of employment is terminated by his or her employer without notie; or if the employee is employed under a limited-term ontrat and the ontrat terminates by virtue of the limiting event without being renewed under the same ontrat, to be provided by his or her employer, on request, within 14 days of that request, with a written statement giving partiulars of the reasons for dismissal, irrespetive of whether he or she has been ontinuously employed for any period. (2) An employee is entitled to a written statement under this setion without having to request it and irrespetive of whether she has been ontinuously employed for any period if she is dismissed AT 21 of 2006 Page 95

Setion 111 Employment At 2006 at any time while she is pregnant, or after hildbirth in irumstanes in whih her ordinary or additional maternity leave period ends by reason of the dismissal. (3) An employee who is dismissed while absent from work during an ordinary or additional adoption leave period is entitled to a written statement under this setion without having to request it and irrespetive of whether he or she has been ontinuously employed for any period if he or she is dismissed in irumstanes in whih that period ends by reason of the dismissal. (4) A written statement under this setion is admissible in evidene in any proeedings. (5) An employee may omplain to the Tribunal that his or her employer unreasonably failed to provide a written statement under this setion or that the partiulars of reasons given in purported ompliane with this setion are inadequate or untrue, and if the Tribunal finds the omplaint well-founded it may make a delaration as to what it finds the employer s reasons were for dismissing the employee; and it shall make an award that the employer pay to the employee a sum equal to the amount of 2 weeks pay. (6) The Tribunal shall not entertain a omplaint under this setion relating to the reasons for a dismissal unless it is presented to the Tribunal at suh a time that the Tribunal would, in aordane with setion 133 (omplaints to tribunal), entertain a omplaint of unfair dismissal in respet of that dismissal presented at the same time. PART X UNFAIR DISMISSAL Right not to be unfairly dismissed 111 Right of employee not to be unfairly dismissed [P1996/18/94; 1991/19/41] (1) Subjet to subsetion (2), an employee has the right not to be unfairly dismissed by his or her employer. (2) This setion applies to every employment exept in so far as its appliation is exluded by or under any provision of this Part or by Shedule 4 (treatment of speial ategories of worker). Page 96 AT 21 of 2006

Employment At 2006 Setion 112 Meaning of unfair dismissal 112 Meaning of dismissal [P1996/18/95 and 97; 1991/19/42] (1) In this Part, subjet to subsetion (3), dismissal and dismiss shall be onstrued in aordane with the following provisions of this setion. (2) Subjet to subsetion (3), an employee shall be treated as dismissed by his or her employer if, but only if, () the ontrat under whih he or she is employed by the employer is terminated by the employer, whether it is so terminated by notie or without notie, or he or she is employed under a limited-term ontrat, and that ontrat terminates by virtue of the limiting event without being renewed under the same ontrat, or the employee terminates that ontrat, with or without notie, in irumstanes suh that he or she is entitled to terminate it without notie by reason of the employer s ondut. (3) Where an employer gives notie to an employee to terminate his or her ontrat of employment and, at a time within the period of that notie, the employee gives notie to the employer to terminate the ontrat of employment on a date earlier than the date on whih the employer s notie is due to expire, the employee shall for the purposes of this Part be taken to be dismissed by his or her employer, and the reasons for this dismissal shall be taken to be the reasons for whih the employer s notie is given. (4) In this Part the effetive date of termination () in relation to an employee whose ontrat of employment is terminated by notie, whether given by his or her employer or by the employee, means the date on whih that notie expires; in relation to an employee whose ontrat of employment is terminated without notie, means the date on whih the termination takes effet; and in relation to an employee who is employed under a limited-term ontrat whih terminates by virtue of the limiting event without being renewed under the same ontrat, means the date on whih the termination takes effet. (5) Where the ontrat of employment is terminated by the employer and the notie required by setion 106 (minimum notie) to be given by an employer would, if duly given on the material date, expire on a date later than the effetive date of termination (as defined by subsetion (4)) then, for the purposes of setions 132(1) (qualifying period, et.) and 142(2) AT 21 of 2006 Page 97

Setion 113 Employment At 2006 (alulation of basi award: ontinuous employment), the later date shall be treated as the effetive date of termination in relation to the dismissal. (6) Where the ontrat of employment is terminated by the employee and the material date does not fall during a period of notie given by the employer to terminate that ontrat; and had the ontrat been terminated not by the employee but by notie given on the material date by the employer, that notie would have been required by setion 106 to expire on a date later than the effetive date of termination (as defined by subsetion (4)), then, for the purposes of setions 132(1) and 142(2), the later date shall be treated as the effetive date of termination in relation to the dismissal. (7) Material date means in subsetion (5), the date when notie of termination was given by the employer or (where no notie was given) the date when the ontrat of employment was terminated by the employer; and in subsetion (6), the date when notie of termination was given by the employee or (where no notie was given) the date when the ontrat of employment was terminated by the employee. 113 General provisions relating to fairness of dismissal [P1996/18/98; 1991/19/44] (1) In determining for the purposes of this Part whether the dismissal of an employee was fair or unfair, it is for the employer to show the reason (or, if there was more than one, the prinipal reason) for the dismissal, and that it was a reason falling within subsetion (2) or some other substantial reason of a kind suh as to justify the dismissal of an employee holding the position whih that employee held. (2) A reason falls within this subsetion if () (d) it related to the apability or qualifiations of the employee for performing work of the kind whih he or she was employed by the employer to do, or it related to the ondut of the employee, or it was that the employee was redundant, or it was that the employee ould not ontinue to work in the position whih he or she held without ontravention (either on his or her part or on that of his or her employer) of a duty or restrition imposed by or under a statutory provision. (3) Where the employer has fulfilled the requirements of subsetion (1), then, subjet to setions 114 to 131 of this At and setion 9 of the Shops Page 98 AT 21 of 2006

Employment At 2006 Setion 114 At 2000 (reasons for and irumstanes of dismissal), the determination of the question whether the dismissal was fair or unfair, having regard to the reason shown by the employer, depends on whether in the irumstanes (inluding the size and administrative resoures of the employer s undertaking) the employer ated reasonably or unreasonably in treating it as a suffiient reason for dismissing the employee; and that question shall be determined in aordane with equity and the substantial merits of the ase. (4) In this setion, in relation to an employee, apability means apability assessed by referene to skill, aptitude, health or any other physial or mental quality; qualifiations means any degree, diploma or other aademi, tehnial or professional qualifiation relevant to the position whih the employee held. 114 Leave for family reasons [P1996/18/99] (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason or prinipal reason for the dismissal is of a presribed kind, or the dismissal takes plae in presribed irumstanes. (2) In this setion presribed means presribed by regulations made by the Department. (3) A reason or set of irumstanes presribed under this setion must relate to () (d) (e) pregnany, hildbirth or maternity, ordinary, ompulsory or additional maternity leave, ordinary or additional adoption leave, parental leave, or paternity leave, and it may also relate to redundany or other fators. (4) Regulations under this setion may make different provision for different ases or irumstanes, apply any enatment, in suh irumstanes as may be speified and subjet to any onditions speified, in relation to persons regarded as unfairly dismissed by reason of this setion. AT 21 of 2006 Page 99

Setion 115 Employment At 2006 115 Health and safety ases [P1996/18/100] (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the prinipal reason) for the dismissal is any one or more of the grounds desribed in setion 61(1) and (2) (health and safety ases). (2) Where the reason (or, if more than one, the prinipal reason) for the dismissal of an employee is that speified in setion 61(1)(e) (health and safety ases: irumstanes of danger), he or she shall not be regarded as unfairly dismissed if the employer shows that it was (or would have been) so negligent for the employee to take the steps whih he or she took (or proposed to take) that a reasonable employer might have dismissed him or her for taking (or proposing to take) them. (3) For the purposes of this setion, and of the other provisions of this Part so far as relating to the right not to be unfairly dismissed in a ase where the dismissal is unfair by virtue of this setion, the holding, otherwise than under a ontrat of employment, of the offie of onstable or an appointment as polie adet shall be treated as employment by the Chief Constable under a ontrat of employment. 116 Annual leave and other working time ases [P1996/18/101A] An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the prinipal reason) for the dismissal is that the employee () refused (or proposed to refuse) to omply with a requirement whih the employer imposed (or proposed to impose) in ontravention of any regulations made under setion 167 (annual leave and other working time ases), refused (or proposed to refuse) to forgo a right onferred on him or her by those regulations, or failed to enter into, or agree to vary or extend, any agreement with his or her employer whih may be provided for in those regulations. 117 Trustees of oupational pension shemes [P1996/18/102] (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the prinipal reason) for the dismissal is that, being a trustee of a relevant oupational pension sheme whih relates to his or her employment, the employee performed (or proposed to perform) any funtions as suh a trustee. Page 100 AT 21 of 2006

Employment At 2006 Setion 118 (2) This setion applies to an employee who is a diretor of a ompany whih is a trustee of a relevant oupational pension sheme as it applies to an employee who is a trustee of suh a sheme (referenes to suh a trustee being read for this purpose as referenes to suh a diretor). (3) In this setion relevant oupational pension sheme means an oupational pension sheme (as defined in setion 1 of the Pension Shemes At 1993 (as that At of Parliament has effet in the Island)) established under a trust. 118 Proteted dislosures [P1996/18/103A] An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the prinipal reason) for the dismissal is that the employee made a proteted dislosure within the meaning of setion 49 (meaning of proteted dislosure ). 119 Assertion of statutory right [P1996/18/104] (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the prinipal reason) for the dismissal is that the employee brought proeedings against the employer to enfore a right whih is a relevant statutory right within the meaning of setion 70(4), or alleged that the employer had infringed a right whih is suh a relevant statutory right. (2) It is immaterial for the purposes of subsetion (1) whether or not the employee has the right, or whether or not the right has been infringed, but, for that subsetion to apply, the laim to the right and that it has been infringed must be made in good faith. (3) It is suffiient for subsetion (1) to apply that the employee, without speifying the right, made it reasonably lear to the employer what the right laimed to have been infringed was. 120 Dismissal of employee relating to trade union membership or ativities [P1992/26/152; 1991/19/45] (1) The dismissal of an employee by an employer shall be regarded for the purposes of this Part as having been unfair if the reason (or, if more than one, the prinipal reason) for it was that the employee was, or proposed to beome, a member of a registered trade union, or AT 21 of 2006 Page 101

Setion 120 Employment At 2006 () had taken part, or proposed to take part, in the ativities of a registered trade union at an appropriate time, or had made use, or proposed to make use, of trade union servies at an appropriate time, or (d) had failed to aept an offer made in ontravention of setion 29 or 30 (induements: trade union membership et.), or (e) had refused, or proposed to refuse, to beome or remain a member of a trade union. (2) In subsetion (1) an appropriate time, in relation to an employee taking part in the ativities of a trade union or (as the ase may be) making use of trade union servies, means a time whih either is outside his or her working hours, or is a time within his or her working hours at whih, in aordane with arrangements agreed with or onsent given by his or her employer, it is permissible for him or her to take part in those ativities or make use of those servies; and in this subsetion working hours, in relation to an employee, means any time when, in aordane with his or her ontrat of employment, he or she is required to be at work. (3) In this setion trade union servies means servies made available to the employee by a registered trade union by virtue of his or her membership of the union, and referenes to an employee s making use of trade union servies inlude his or her onsenting to the raising of a matter on his or her behalf by a registered trade union of whih he or she is a member. (4) Where the reason, or one of the reasons, for the dismissal was that a registered trade union (with or without the employee s onsent) raised a matter on behalf of the employee as one of its members, the reason shall be treated as falling within subsetion (1)(). (5) Where the reason, or one of the reasons, for the dismissal of an employee was his or her refusal, or proposed refusal, to omply with a requirement (whether or not imposed by his or her ontrat of employment or in writing) that, in the event of his or her failure to beome or easing to remain a member of any trade union, or of a partiular trade union, or of one of a number of partiular trade unions, he or she must make one or more payments; or his or her objetion, or proposed objetion, (however expressed) to the operation of a provision (whether or not forming part of his or her ontrat of employment or in writing) under whih, in the Page 102 AT 21 of 2006

Employment At 2006 Setion 121 event mentioned in paragraph, his or her employer is entitled to dedut one or more sums from the remuneration payable to him or her in respet of his or her employment; that reason shall be treated as falling within subsetion (1)(e). (6) In this setion referenes to being, beoming or easing to remain a member of a trade union inlude referenes to being, beoming or easing to remain a member of a partiular branh or setion of that union and to being, beoming or easing to remain a member of one of a number of partiular branhes or setions of that union. (7) Referenes in this setion to taking part in the ativities of a trade union, and to servies made available by a trade union by virtue of membership of the union, shall be onstrued in aordane with subsetion (6). 121 The minimum wage [P1996/18/104A; 1991/19/45A] (1) An employee who is dismissed shall be treated for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the prinipal reason) for the dismissal is that () any ation was taken, or was proposed to be taken, by or on behalf of the employee with a view to enforing, or otherwise seuring the benefit of, a right of the employee s to whih this setion applies; or the employer was proseuted for an offene under setion 26 of the Minimum Wage At 2001 as a result of ation taken by or on behalf of the employee for the purpose of enforing, or otherwise seuring the benefit of, a right of the employee s to whih this setion applies; or the employee qualifies, or will or might qualify, for the minimum wage or for a partiular rate of minimum wage. (2) It is immaterial for the purposes of subsetion (1) or whether or not the employee has the right, or whether or not the right has been infringed, but, for that subsetion to apply, the laim to the right and, if appliable, the laim that it has been infringed must be made in good faith. (3) The following are the rights to whih this setion applies any right onferred by, or by virtue of, any provision of the Minimum Wage At 2001 for whih the remedy for its infringement is by way of a omplaint to the Tribunal; and AT 21 of 2006 Page 103

Setion 122 Employment At 2006 any right onferred by setion 13 of that At (entitlement to additional remuneration). 122 Flexible working [P1996/18/104C] An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the prinipal reason) for the dismissal is that the employee made (or proposed to make) an appliation under setion 99 (statutory right to request flexible working), or exerised (or proposed to exerise) a right onferred on him or her under setion 100 (employer s duties, et.), or () brought proeedings against the employer under setion 101 (omplaints to tribunal), or (d) alleged the existene of any irumstane whih would onstitute a ground for bringing suh proeedings. 123 Dismissal for exerise of right to be aompanied [P1999/26/12; 2004/24/37] (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the prinipal reason) for the dismissal is that he or she exerised or sought to exerise the right under setion 103(2), (3) or (6), or aompanied or sought to aompany another worker (whether of the same employer or not) pursuant to a request under that setion. (2) Referenes in this setion to an employee having aompanied or sought to aompany another worker inlude referenes to the employee having exerised or sought to exerise any of the powers onferred by setion 103(2), (3) or (6). 124 Dismissal in onnetion with proteted industrial ation [P1992/52/238A; P1996/18/105; P2004/24/26, 27 and 28] (1) For the purposes of this setion an employee takes proteted industrial ation if he or she ommits an at whih, or a series of ats eah of whih, he or she is indued to ommit by an at whih by virtue of setion 11 of the Trade Unions At 1991 (ats in ontemplation, et. of trade disputes) is not ationable in tort. (2) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if Page 104 AT 21 of 2006

Employment At 2006 Setion 125 the reason (or, if more than one, the prinipal reason) for the dismissal is that the employee took proteted industrial ation, and subsetion (3) or (4) applies to the dismissal. (3) This subsetion applies to a dismissal if the date of dismissal is within the proteted period. (4) This subsetion applies to a dismissal if the date of dismissal is after the end of that period, and the employee had stopped taking proteted industrial ation before the end of that period. (5) For the purposes of this setion the proteted period, in relation to the dismissal of an employee, is the sum of the basi period and any extension period in relation to that employee. (6) Unless and until otherwise presribed by the Department, the basi period is 4 weeks beginning with the first day of proteted industrial ation. (7) An extension period in relation to an employee is a period equal to the number of days falling on or after the first day of proteted industrial ation (but not before the proteted period ends) during the whole or any part of whih the employee is loked out by his or her employer. (8) In subsetions (6) and (7), the first day of proteted industrial ation means the day on whih the employee starts to take proteted industrial ation (even if on that day he or she is loked out by his or her employer). (9) For the purposes of this setion no aount shall be taken of the repudiation of any at by a trade union as mentioned in setion 20 of the Trade Unions At 1991 (liability of trade union for industrial ation) in relation to anything whih ours before the end of the next working day after the day on whih the repudiation takes plae. (10) In this setion date of dismissal has the meaning given by setion 130(6) seletive dismissal or re-engagement arising out of industrial ation); working day means any day whih is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under the Bank Holidays At 1989. 125 Raial disrimination and dismissal [1991/19/52] (1) Where an employer dismisses an employee AT 21 of 2006 Page 105

Setion 126 Employment At 2006 in irumstanes in whih the employee is treated less favourably than he or she would have been treated if he or she had been of another raial group; or beause the employee does not meet or has not attained a standard whih applies equally to employees who are not of the employee s raial group, but (i) (ii) (iii) whih is suh that the proportion of persons of the employee s raial group who an meet or attain it is onsiderably smaller than the proportion of persons not of that group who an do so, and whih the employer annot show to be justifiable irrespetive of the olour, rae, nationality or ethni or national origins of the person to whom it is applied, and whih is to the employee s detriment beause he or she annot meet or attain it; the dismissal shall be regarded as unfair for the purposes of this Part. (2) In this setion raial group means a group of persons defined by referene to olour, rae, nationality or ethni or national origins, and referenes to a person s raial group are to any raial group into whih he or she falls. 126 Religious disrimination and dismissal [P2001/33/7; 1991/19/53] (1) Where an employer dismisses an employee beause he or she () professes or does not profess a partiular religious belief, is or is not a member of a partiular religious denomination, or attends or does not attend religious worship of a partiular kind, the dismissal shall be regarded as unfair for the purposes of this Part. (2) This setion does not apply () in the ase of employment as a minister of religion, or as a lay worker of any religious denomination; in the ase of employment as a reserved teaher in a maintained shool; or in any other ase in whih the employer an show that a reason for dismissal falling within subsetion (1), or () was justifiable. (3) Expressions in subsetion (2) have the same meanings as in the Eduation At 2001. Page 106 AT 21 of 2006

Employment At 2006 Setion 127 127 Dismissal on ground of sexual orientation (1) Where an employer dismisses an employee on the ground of his or her sexual orientation, the dismissal shall be regarded as unfair for the purposes of this Part. (2) For the purposes of this setion sexual orientation means a sexual orientation towards () persons of the same sex; persons of the opposite sex; or persons of the same sex and of the opposite sex. 128 Dismissal on ground of redundany [P1996/18/105; 1991/19/46] (1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the prinipal reason) for the dismissal is that the employee was redundant, and it is shown that the irumstanes onstituting the redundany applied equally to one or more other employees in the same undertaking who held positions similar to that held by the employee and who have not been dismissed by the employer, and any of subsetions (2) to (15) applies. 5 (2) This subsetion applies if the reason (or, if more than one, the prinipal reason) for whih the employee was seleted for dismissal was one of those speified in setion 115(1) (read with subsetions (2) and (3) of that setion) (health and safety). (3) This subsetion applies if the reason (or if more than one, the prinipal reason) for whih the employee was seleted for dismissal was one of those speified in setion 116 (annual leave and other working time ases) read with any regulations made under that setion. (4) This subsetion applies if the reason (or, if more than one, the prinipal reason) for whih the employee was seleted for dismissal was that speified in setion 117(1) (trustees of oupational pension shemes). (5) This subsetion applies if the reason (or, if more than one, the prinipal reason) for whih the employee was seleted for dismissal was that speified in setion 118 (proteted dislosures). (6) This subsetion applies if the reason (or, if more than one, the prinipal reason) for whih the employee was seleted for dismissal was one of those speified in setion 119(1) (assertion of statutory right). (7) This subsetion applies if the reason (or, if more than one, the prinipal reason) for whih the employee was seleted for dismissal was one of AT 21 of 2006 Page 107

Setion 129 Employment At 2006 those speified in setion 120(1) (dismissal: trade union membership or ativities). (8) This subsetion applies if the reason (or, if more than one, the prinipal reason) for whih the employee was seleted for dismissal was one of those speified in setion 121(1) (read with subsetion (2) of that setion) (minimum wage). (9) This subsetion applies if the reason (or, if more than one, the prinipal reason) for whih the employee was seleted for dismissal was one of those speified in setion 122 (dismissal: flexible working). (10) This subsetion applies if the reason (or, if more than one, the prinipal reason) for whih the employee was seleted for dismissal was one of those speified in setion 123 (dismissal for exerise of right to be aompanied). (11) This subsetion applies if the reason (or, if more than one, the prinipal reason) for whih the employee was seleted for dismissal was one of those speified in setion 124 (dismissal: proteted industrial ation). (12) This subsetion applies if the reason (or, if more than one, the prinipal reason) for whih the employee was seleted for dismissal was one of those speified in setion 125 (raial disrimination). (13) This subsetion applies if the reason (or, if more than one, the prinipal reason) for whih the employee was seleted for dismissal was one of those speified in setion 126 (religious disrimination). (14) This subsetion applies if the reason (or, if more than one, the prinipal reason) for whih the employee was seleted for dismissal was that speified in setion 127 (sexual orientation and dismissal). (15) This subsetion applies if the reason (or, if more than one, the prinipal reason) for whih the employee was seleted for dismissal was one speified in paragraph (3) of regulation 9 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2007 (unless the ase is one to whih paragraph (4) of that regulation applies). 6 129 Replaements [P1996/18/106; 1991/19/48] (1) Where this setion applies to an employee he or she shall be regarded for the purposes of setion 113(1) (general provisions: fairness of dismissal) as having been dismissed for a substantial reason of a kind suh as to justify the dismissal of an employee holding the position whih the employee held. (2) This setion applies to an employee where on engaging him or her the employer informs him or her in writing that his or her employment will be terminated on the resumption of work by another employee who is, or will be, Page 108 AT 21 of 2006

Employment At 2006 Setion 130 absent wholly or partly beause of pregnany or hildbirth, or on adoption leave, and the employer dismisses him or her in order to make it possible to give work to the other employee. (3) This setion also applies to an employee where on engaging him or her the employer informs him or her in writing that his or her employment will be terminated at the end of a suspension of another employee from work on maternity grounds (within the meaning of Part VI), and the employer dismisses him or her in order to make it possible to allow the resumption of work by the other employee. (4) Subsetion (1) does not affet the operation of setion 113(3) in a ase to whih this setion applies. 130 Seletive dismissal or re-engagement arising out of industrial ation: jurisdition of Tribunal [P1992/52/238; 1991/19/49] (1) This setion applies in relation to an employee who has a right to omplain of unfair dismissal ( the omplainant ) and who laims to have been unfairly dismissed, where at the date of the dismissal the employer was onduting or instituting a lok-out, or the omplainant was taking part in a strike or other industrial ation. (2) In suh a ase the Tribunal shall not determine whether the dismissal was fair or unfair unless it is shown that one or more relevant employees of the same employer have not been dismissed, or that a relevant employee has, before the expiry of the period of 3 months beginning with the date of dismissal, been offered reengagement and that the omplainant has not been offered reengagement. (3) Subsetion (2) does not apply to the dismissal of the employee if it is shown that the reason (or, if more than one, the prinipal reason) for the dismissal or, in a redundany ase, for seleting the employee for dismissal was one of those speified in or under setion 114, 115, 118 or 122 (dismissal in family, health and safety, proteted dislosure ases and flexible working). In this subsetion redundany ase means a ase falling within setion 128(1) (dismissal: redundany) and a referene to a speified reason for dismissal inludes a referene to speified irumstanes of dismissal. AT 21 of 2006 Page 109

Setion 131 Employment At 2006 (4) Subsetion (2) does not apply in relation to an employee who is regarded as unfairly dismissed by virtue of setion 124 (dismissal: proteted industrial ation). (5) Where it is shown that the ondition in subsetion (2) (disriminatory re-engagement) is fulfilled, referenes in setions 113 to 123 and 125 to 129 (dismissal: reasons) of this At and setion 9 of the Shops At 2000 (dismissal: reasons) to the reason or prinipal reason for whih the omplainant was dismissed shall be read as referenes to the reason or prinipal reason for whih he or she has not been offered re-engagement. (6) In this setion date of dismissal means (i) (ii) where the employee s ontrat of employment was terminated by notie, the date on whih the employer s notie was given, and in any other ase, the effetive date of termination; relevant employees means () (i) (ii) in relation to a lok-out, employees who were diretly interested in the dispute in ontemplation of furtherane of whih the lok-out ourred, and in relation to a strike or other industrial ation, those employees at the establishment of the employer at or from whih the omplainant works who at the date of his or her dismissal were taking part in the ation; an offer of re-engagement means an offer (made either by the original employer or by a suessor of that employer or an assoiated employer) to re-engage an employee, either in the job whih he or she held immediately before the date of dismissal or in a different job whih would be reasonably suitable in his or her ase. 131 Pressure on employer to dismiss unfairly [P1996/18/107; 1991/19/50] In determining, for the purposes of this Part any question as to the reason, or prinipal reason, for whih an employee was dismissed or any question whether the reason or prinipal reason for whih an employee was dismissed was a reason fulfilling the requirements of setion 113(1) or whether the employer ated reasonably in treating it as a suffiient reason for dismissing him or her, no aount shall be taken of any pressure whih, by alling, organising, prouring or finaning a strike or other industrial ation, or threatening to do so, was exerised on the employer to dismiss the employee, and Page 110 AT 21 of 2006

Employment At 2006 Setion 132 any suh question shall be determined as if no suh pressure had been exerised. Exlusion of setion 111 132 Qualifying period and upper age limit [P1996/18/108 and 109; 1991/19/54] (1) Subjet to subsetion (2), setion 111 (right of employee not to be unfairly dismissed) does not apply to the dismissal of an employee from any employment if the employee was not ontinuously employed for a period of not less than one year ending with the effetive date of termination, or on or before the effetive date of termination () (i) (ii) had attained the age whih, in the undertaking in whih he or she was employed, was the normal retiring age for an employee holding the position whih he or she held, and that age was the same whether the employee holding that position was a man or a woman, or in a ase other than one falling within paragraph, the employee had attained the age of 65 or suh other age, not being less than 65, as may be presribed. (2) Subsetion (1) does not apply to the dismissal of an employee if it is shown that the reason (or, if more than one, the prinipal reason) for the dismissal was one of those speified in () (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) setion 114 (leave for family reasons) (read with any regulations made under that setion), setion 115 (health and safety ases), setion 116 (annual leave and other working time ases) (read with any regulations made under that setion), setion 117 (trustees of oupational pension shemes), setion 118 (proteted dislosures), setion 119 (assertion of statutory right), setion 120 (dismissal: trade union membership or ativities), setion 121 (minimum wage), setion 122 (flexible working), setion 123 (dismissal: right to be aompanied), setion 124 (dismissal: proteted industrial ation), setion 125 (raial disrimination), setion 126 (religious disrimination), setion 127 (dismissal on ground of sexual orientation), AT 21 of 2006 Page 111

Setion 133 Employment At 2006 (o) (p) setion 128 (dismissal on ground of redundany), and regulation 9(1) of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2007. 7 (3) Subsetion (1) does not apply to the dismissal of an employee if it is shown that the irumstanes of the dismissal were either of those speified in setion 130(2) or as they apply to setion 130(1) (seletive dismissal or re-engagement arising out of industrial ation). Remedies for unfair dismissal 133 Complaints to Tribunal [P1996/18/111; 1991/19/57] (1) A omplaint may be presented to the Tribunal against an employer by any person that he or she was unfairly dismissed by the employer. (2) Subjet to subsetion (3), the Tribunal shall not onsider a omplaint under this setion unless it is presented to the Tribunal in respet of all laims other than laims under setion 124 (dismissal: proteted industrial ation) and 130 (seletive dismissal or re-engagement arising out of industrial ation), before the end of the period of 3 months beginning with the effetive date of termination, and () in the ase of laims under setion 124 and 130 before the end of the period of 6 months beginning with the effetive date of dismissal, or within suh further period as the Tribunal onsiders reasonable in a ase where it is satisfied that it was not reasonably pratiable for the omplaint to be presented before the end of the period stated in paragraph or. (3) Where a dismissal is with notie, the Tribunal shall onsider a omplaint under this setion if it is presented after the notie is given but before the effetive date of termination. (4) In relation to a omplaint whih is presented as mentioned in subsetion (3), the provisions of this At, so far as they relate to unfair dismissal, have effet as if referenes to a omplaint by a person that he or she was unfairly dismissed by his or her employer inluded referenes to a omplaint by a person that the employer has given him or her notie in suh irumstanes that he or she will be unfairly dismissed when the notie expires, referenes to reinstatement inluded referenes to the withdrawal of the notie by the employer, Page 112 AT 21 of 2006

Employment At 2006 Setion 134 () (d) referenes to the effetive date of termination inluded referenes to the date whih would be the effetive date of termination on the expiry of the notie, and referenes to an employee easing to be employed inluded referenes to an employee having been given notie of dismissal. 134 Remedies for unfair dismissal: orders and ompensation [P1996/18/112; 1991/19/58] (1) This setion applies where, on a omplaint under setion 133 the Tribunal finds that the grounds of the omplaint are well-founded. (2) The Tribunal shall explain to the omplainant what orders may be made under setion 135 and in what irumstanes they may be made, and ask the omplainant whether he or she wishes the Tribunal to make suh an order. (3) If the omplainant expresses suh a wish, the Tribunal may make an order under setion 135. (4) If no order is made under setion 135 the Tribunal shall make an award of ompensation for unfair dismissal (alulated in aordane with setions 140 to 146 to be paid by the employer to the employee). 135 The orders [P1996/18/113; P1992/52/239(4)] (1) Subjet to subsetion (2) an order under this setion may be an order for reinstatement in aordane with setion 136, or an order for re-engagement in aordane with setion 137, as the Tribunal may deide. (2) In relation to a omplaint under setion 133 (omplaints to tribunal) that a dismissal was unfair by virtue of setion 124 (dismissal: proteted industrial ation), or where the irumstanes of the dismissal were either of those speified in setion 130(2)or (seletive dismissal or re-engagement arising out of industrial ation), no order shall be made under subsetion (1) until after in relation to a omplaint under setion 133, the onlusion of proteted industrial ation by any employee in relation to the relevant dispute; or where the irumstanes of the dismissal were either of those speified in setion 130(2) or, the onlusion of industrial ation by any employee in relation to the relevant dispute. AT 21 of 2006 Page 113

Setion 136 Employment At 2006 136 Order for reinstatement [P1996/18/114] (1) An order for reinstatement is an order that the employer shall treat the omplainant in all respets as if he or she had not been dismissed. (2) On making an order for reinstatement the Tribunal shall speify () any amount payable by the employer in respet of any benefit whih the omplainant might reasonably be expeted to have had but for the dismissal (inluding arrears of pay) for the period between the date of termination of employment and the date of reinstatement, any rights and privileges (inluding seniority and pension rights) whih must be restored to the employee, and the date by whih the order must be omplied with. (3) If the omplainant would have benefited from an improvement in terms and onditions of employment had he or she not been dismissed, an order for reinstatement shall require the omplainant to be treated as if he or she had benefited from that improvement from the date on whih he or she would have done so but for being dismissed. (4) In alulating for the purposes of subsetion (2) any amount payable by the employer, the Tribunal shall take into aount, so as to redue the employer s liability, any sums reeived by the omplainant in respet of the period between the date of termination of employment and the date of reinstatement by way of wages in lieu of notie or ex gratia payments paid by the employer, or remuneration paid in respet of employment with another employer, and suh other benefits as the Tribunal thinks appropriate in the irumstanes. 137 Order for re-engagement [P1996/18/115] (1) An order for re-engagement is an order, on suh terms as the Tribunal may deide, that the omplainant be engaged by the employer, or by a suessor of the employer or by an assoiated employer, in employment omparable to that from whih he or she was dismissed or other suitable employment. (2) On making an order for re-engagement the Tribunal shall speify the terms on whih re-engagement is to take plae, inluding the identity of the employer, the nature of the employment, Page 114 AT 21 of 2006

Employment At 2006 Setion 138 () (d) (e) (f) the remuneration for the employment, any amount payable by the employer in respet of any benefit whih the omplainant might reasonably be expeted to have had but for the dismissal (inluding arrears of pay) for the period between the date of termination of employment and the date of re-engagement, any rights and privileges (inluding seniority and pension rights) whih must be restored to the employee, and the date by whih the order must be omplied with. (3) In alulating for the purposes of subsetion (2)(d) any amount payable by the employer, the Tribunal shall take into aount, so as to redue the employer s liability, any sums reeived by the omplainant in respet of the period between the date of termination of employment and the date of re-engagement by way of wages in lieu of notie or ex gratia payments paid by the employer, or remuneration paid in respet of employment with another employer, and suh other benefits as the Tribunal thinks appropriate in the irumstanes. 138 Choie of order and its terms [P1996/18/116] (1) In exerising its disretion under setion 135 the Tribunal shall first onsider whether to make an order for reinstatement and in so doing shall take into aount () whether the omplainant wishes to be reinstated, whether it is pratiable for the employer to omply with an order for reinstatement, and where the omplainant aused or ontributed to some extent to the dismissal, whether it would be just to order his or her reinstatement. (2) If the Tribunal deides not to make an order for reinstatement it shall then onsider whether to make an order for re-engagement and, if so, on what terms. (3) In so doing the Tribunal shall take into aount any wish expressed by the omplainant as to the nature of the order to be made, whether it is pratiable for the employer (or a suessor or an assoiated employer) to omply with an order for re-engagement, and AT 21 of 2006 Page 115

Setion 139 Employment At 2006 () where the omplainant aused or ontributed to some extent to the dismissal, whether it would be just to order his or her reengagement and (if so) on what terms. (4) Exept in a ase where the Tribunal takes into aount ontributory fault under subsetion (3)() it shall, if it orders re-engagement, do so on terms whih are, so far as is reasonably pratiable, as favourable as an order for reinstatement. (5) Where in any ase an employer has engaged a permanent replaement for a dismissed employee, the Tribunal shall not take that fat into aount in determining, for the purposes of subsetion (1) or (3), whether it is pratiable to omply with an order for reinstatement or reengagement. (6) Subsetion (5) does not apply where the employer shows that it was not pratiable for him or her to arrange for the dismissed employee s work to be done without engaging a permanent replaement, or that (i) (ii) he or she engaged the replaement after the lapse of a reasonable period, without having heard from the dismissed employee that he or she wished to be reinstated or re-engaged, and when the employer engaged the replaement it was no longer reasonable for him or her to arrange for the dismissed employee s work to be done exept by a permanent replaement. 139 Enforement of order and ompensation [P1996/18/117] (1) The Tribunal shall make an award of ompensation, to be paid by the employer to the employee, if an order under setion 135 is made and the omplainant is reinstated or re-engaged, but the terms of the order are not fully omplied with. (2) Subjet to setion 144 (limit of ompensatory award, et.), the amount of the ompensation shall be suh as the Tribunal thinks fit having regard to the loss sustained by the omplainant in onsequene of the failure to omply fully with the terms of the order. (3) Subjet to subsetions (1) and (2), if an order under setion 135 is made but the omplainant is not reinstated or re-engaged in aordane with the order, the Tribunal shall make an award of ompensation for unfair dismissal (alulated in aordane with setions 140 to 146), and Page 116 AT 21 of 2006

Employment At 2006 Setion 140 exept where this paragraph does not apply, an additional award of ompensation of an amount not less than 26 nor more than 52 weeks pay, to be paid by the employer to the employee. (4) Subsetion (3) does not apply where the employer satisfies the Tribunal that it was not pratiable to omply with the order. (5) Where in any ase an employer has engaged a permanent replaement for a dismissed employee, the Tribunal shall not take that fat into aount in determining for the purposes of subsetion (4) whether it was pratiable to omply with the order for reinstatement or re-engagement unless the employer shows that it was not pratiable for him or her to arrange for the dismissed employee s work to be done without engaging a permanent replaement. (6) Where in any ase the Tribunal finds that the omplainant has unreasonably prevented an order under setion 135 from being omplied with, in making an award of ompensation for unfair dismissal it shall take that ondut into aount as a failure on the part of the omplainant to mitigate his or her loss. Amount of ompensation 140 Compensation for unfair dismissal [P1996/18/118; 1991/19/59] (1) Where the Tribunal makes an award of ompensation for unfair dismissal under setion 134 or setion 139(3) the award shall onsist of a basi award alulated in aordane with setion 141; and a ompensatory award alulated in aordane with setions 143 to 145. (2) In addition to an award under subsetion (1) the Tribunal may make an award for ompensation for injury to feelings if it onsiders it just and equitable in all the irumstanes to do so. 141 Redution of ompensation: matters to be disregarded [P1992/52/155; 1991/19/60] (1) This setion applies in any ase where the Tribunal makes an award of ompensation for unfair dismissal under setion 140 and the dismissal is to be regarded as unfair by virtue of setion 120 (dismissal: trade union membership or ativities) or 128(7) (redundany: dismissal for trade union membership or ativities). (2) In suh a ase the Tribunal, in onsidering whether it would be just and equitable to redue, or further redue, the amount of any part of the AT 21 of 2006 Page 117

Setion 142 Employment At 2006 award, shall disregard any ondut or ation of the omplainant in so far as it onstitutes () a breah, or proposed breah, of any requirement falling within subsetion (3); a refusal, or proposed refusal, to omply with a requirement of a kind mentioned in setion 120(5) (payments in lieu of membership); or an objetion, or proposed objetion, (however expressed) to the operation of a provision of a kind mentioned in setion 120(5) (dedutions in lieu of membership). (3) A requirement falls within this subsetion if it is imposed on the omplainant in question by or under any arrangement or ontrat of employment or other agreement and requires him or her () (d) to be or beome a member of any trade union or of a partiular trade union or of one of a number of partiular trade unions; to ease to be, or refrain from beoming, a member of any registered trade union or of a partiular registered trade union or of one of a number of partiular registered trade unions; not to take part in the ativities of any registered trade union or of a partiular registered trade union or of one of a number of partiular registered trade unions; or not to make use of servies made available by any trade union or by a partiular trade union or by one of a number of partiular trade unions. For the purposes of this subsetion a requirement means a requirement imposed on the omplainant by or under an arrangement or ontrat of employment or other agreement. (4) Condut or ation of the omplainant shall be disregarded in so far as it onstitutes aeptane of or failure to aept an offer made in ontravention of setion 29 or 30 (induements). 142 Calulation of basi award [P1996/18/122; 1991/19/61] (1) The amount of the basi award shall be the amount alulated in aordane with subsetions (2) to (4), subjet to subsetions (5) to (7). (2) The amount of the basi award shall be alulated by referene to the period, ending with the effetive date of termination, during whih the employee has been ontinuously employed, by rekoning the numbers of years of employment falling within that period, and allowing one week s pay for eah suh year of employment alulated in aordane with Shedule 6. Page 118 AT 21 of 2006

Employment At 2006 Setion 143 (3) Where in the ase of an employee the effetive date of termination is after the 64th anniversary of the day of the employee s birth, or suh later anniversary as may be presribed, the amount of the basi award alulated in aordane with subsetion (2) shall be redued by the appropriate fration. (4) In subsetion (3) the appropriate fration means the number of whole months rekoned from the said anniversary in the period beginning with that anniversary and ending with the effetive date of termination, divided by 12. (5) Where the Tribunal finds that the omplainant has unreasonably refused an offer by the employer whih if aepted would have the effet of reinstating the omplainant in his or her employment in all respets as if the omplainant had not been dismissed, the Tribunal shall redue or further redue the amount of the basi award to suh an extent as it onsiders just and equitable having regard to that finding. (6) Where the Tribunal onsiders that any ondut of the omplainant before the dismissal (or, where the dismissal was with notie, before the notie was given) was suh that it would be just and equitable to redue or further redue that amount of the basi award to any extent, the Tribunal shall redue or further redue the amount aordingly. (7) The amount of the basi award shall be redued or, as the ase may be[,] further redued, by the amount of any redundany payment awarded by the Tribunal under the Redundany Payments At 1990 in respet of the same dismissal or of any payment made by the employer to the employee on the ground that the dismissal was by reason of redundany, whether in pursuane of that At or otherwise. 143 Calulation of ompensatory award [P1996/18/123; 1991/19/62] (1) Subjet to the provisions of this setion and setion 144 (limit of ompensatory award), the amount of the ompensatory award shall be suh amount as the Tribunal onsiders just and equitable in all the irumstanes having regard to the loss sustained by the omplainant in onsequene of the dismissal in so far as that loss is attributable to ation taken by the employer. (2) The said loss shall be taken to inlude any expenses reasonably inurred by the omplainant in onsequene of the dismissal, and subjet to subsetion (3), loss of any benefit whih he or she might reasonably be expeted to have had but for the dismissal. (3) The said loss, in respet of any loss of any entitlement or potential entitlement to, or expetation of, a payment on aount of dismissal by reason of redundany, whether in pursuane of the Redundany Payments AT 21 of 2006 Page 119

Setion 144 Employment At 2006 At 1990 or otherwise, shall inlude only the loss referable to the amount, if any, by whih the amount of that payment would have exeeded the amount of a basi award (apart from any redution under setion 142(5) to (7) alulation of basi award)[)] in respet of the same dismissal. (4) In asertaining the said loss the Tribunal shall apply the same rule onerning the duty of a person to mitigate his or her loss as applies to damages reoverable under the ommon law. (5) In determining, for the purposes of subsetion (1), how far any loss sustained by the omplainant was attributable to ation taken by the employer no aount shall be taken of any pressure whih, by alling, organising, prouring or finaning a strike or other industrial ation, or threatening to do so, was exerised on the employer to dismiss the employee, and that question shall be determined as if no suh pressure had been exerised. (6) Where the Tribunal finds that the dismissal was to any extent aused or ontributed to by any ation of the omplainant it shall redue the amount of the ompensatory award by suh proportion as it onsiders just and equitable having regard to that finding. (7) If the amount of any payment made by the employer to the employee on the ground that the dismissal was by reason of redundany, whether in pursuane of the said At of 1990 or otherwise, exeeds the amount of the basi award whih would be payable but for setion 142(7) (alulation of basi award) that exess shall go to redue the amount of the ompensatory award. 144 Limit of ompensatory award et. [P1996/18/124; 1991/19/63] (1) The amount of any ompensation awarded to a person under setion 139(1) and (2) (enforement of order and ompensation), or a ompensatory award to a person alulated in aordane with setion 143 (alulation of ompensatory award), shall not exeed 30,000 or suh other amount as may be presribed by order of the Department. 8 (2) The amount of any ompensation for injury to feelings awarded to any person under setion 140(2) (ompensation for unfair dismissal) shall not exeed 5,000 or suh other amount as may be presribed by order of the Department. (3) Subsetion (1) shall not apply to ompensation awarded, or a ompensatory award made, to a person in a ase where he or she is regarded as unfairly dismissed by virtue of setion 115 (health and Page 120 AT 21 of 2006

Employment At 2006 Setion 145 safety), 118 (proteted dislosures), 128(2) (redundany: health and safety related reasons) or 128(5) (redundany: proteted dislosure). (4) In the ase of ompensation awarded to a person under setion 139(1) and (2), the limit imposed by this setion may be exeeded to the extent neessary to enable the award fully to reflet the amount speified as payable under setion 136(2) (amounts payable on reinstatement) or setion 137(2)(d) (amounts payable on re-engagement). (5) Where a ompensatory award is an award under paragraph of subsetion (3) of setion 139, and an additional award falls to be made under paragraph of that subsetion, the limit imposed by this setion on the ompensatory award may be exeeded to the extent neessary to enable the aggregate of the ompensatory and additional awards fully to reflet the amount speified as payable under setion 136(2) (amounts payable on reinstatement) or setion 137(2)(d) (amounts payable on re-engagement). (6) The limit imposed by this setion applies to the amount whih the Tribunal would, apart from this setion, award in respet of the subjet matter of the omplaint after taking into aount any payment made by the respondent to the omplainant in respet of that matter; and any redution in the amount of the award required by any enatment or rule of law. 145 Ats whih are both unfair dismissal and disrimination [P1996/18/126] (1) This setion applies where ompensation falls to be awarded in respet of any at under () the provisions of this At relating to unfair dismissal, the provisions of the Employment (Sex Disrimination) At 2000, or the provisions of suh other Ats of Tynwald as the Department may by order designate. (2) The Tribunal shall not award ompensation under any one or more of those Ats in respet of any loss or other matter whih is or has been taken into aount under any other of them by the Tribunal in awarding ompensation on the same or another omplaint in respet of that at. AT 21 of 2006 Page 121

Setion 146 Employment At 2006 146 Awards against third parties [1991/19/64] (1) If in proeedings before the Tribunal on a omplaint against an employer under setion 133 (omplaints to tribunal: unfair dismissal) either the employer or the omplainant laims that the employer was indued to dismiss the omplainant by pressure whih a trade union or other person exerised on the employer by alling, organising, prouring or finaning a strike or other industrial ation, or by threatening to do so, and that the pressure was exerised beause the omplainant was not a member of any trade union or of a partiular trade union or of one of a number of partiular trade unions, the employer or the omplainant may request the Tribunal to diret that the person who is laimed to have exerised the pressure be joined as a party to the proeedings. (2) A request under subsetion (1) shall be granted if it is made before the hearing of the omplaint begins, but may be refused if it is made after that time; and no suh request may be made after the Tribunal has made an award under setion 134 (remedies for unfair dismissal). (3) Where a person has been joined as a party to proeedings before the Tribunal by virtue of subsetion (1) and the Tribunal makes an award of ompensation under setion 134, but finds that the laim mentioned in subsetion (1) is well-founded, the award may be made against that person instead of against the employer, or partly against that person and partly against the employer as the Tribunal may onsider just and equitable in the irumstanes. PART XI INSOLVENCY AND CESSATION OF BUSINESS OF EMPLOYER 147 Insolveny of employer [1991/19/67] (1) If on an appliation made to it in writing by an employee the Department of Soial Care ( the DSC ) is satisfied () that the employer of that employee has beome insolvent; that the employment of the employee has terminated; that the Manx National Insurane Fund has reeived (or had been entitled to reeive) payment of Class 1 national insurane ontribution liabilities from the employer in relation to that employment; and Page 122 AT 21 of 2006

Employment At 2006 Setion 147 (d) that on the relevant date the employee was entitled to be paid the whole or part of any debt to whih this setion applies, the DSC shall, subjet to the provisions of this setion, setion 150 (restrition on payment in ertain ases) and setion 153 (subrogation), pay to the employee out of the Manx National Insurane Fund the amount to whih in the DSC s opinion the employee is entitled in respet of that debt. 9 (2) In this setion the relevant date () in relation to arrears of pay and to holiday pay, means the date on whih the employer beame insolvent; in relation to a basi award of ompensation for unfair dismissal, means whihever is the latest of (i) (ii) (iii) the date on whih the employer beame insolvent; the date of the termination of the employee s employment; and the date on whih the award was made; in relation to any other debt to whih this setion applies, means whihever is the later of the dates, mentioned in paragraph (i) and (ii). (3) This setion applies to the following debts any arrears of pay in respet of one or more (but not more than 8) weeks[)]; any amount whih the employer is liable to pay the employee for the period of notie required by setion 106(1) or (2) (minimum notie: employer and employee) or for any failure of the employer to give the period of notie required by setion 106(1); () any holiday pay (d) (i) in respet of a period or periods of holiday not exeeding 6 weeks in all; and (ii) to whih the employee beame entitled during the 12 months ending with the relevant date; any basi award of ompensation for unfair dismissal (within the meaning of setion 140). (4) For the purposes of subsetion (3), any amount owed by an employer to an employee in respet of a payment for time off under setion 35(3) (time off for trade union duties), 41(3) (time off to look for work), 43 (time off for ante-natal are) or 46 (payment for time off for pension sheme trustees) shall be treated as if it were arrears of pay. (5) The DSC shall not make any payment under this setion unless an appliation under subsetion (1) is made before the end of the period of 12 months beginning with AT 21 of 2006 Page 123

Setion 148 Employment At 2006 the date on whih the employer beame insolvent, or the date of the termination of the employee s employment, whihever is the later. 10 148 Cessation of business of employer [1991/19/67A] (1) If on an appliation made to it in writing by an employee the DSC is satisfied () (d) (e) that the employment of the employee has terminated; that the employer has eased to arry on business in the Island; that the Manx National Insurane Fund has reeived (or had been entitled to reeive) payment of Class 1 national insurane ontribution liabilities from the employer in relation to that employment; that at the date of the appliation the employee was entitled to be paid the whole or part of any debt to whih setion 147 (insolveny of employer) applies; and that the employee has taken all reasonable steps (other than legal proeedings) to reover the debt from the employer, and the employer has refused or failed to pay it, or has paid part of it and has refused or failed to pay the balane, the DSC may pay to the employee out of the Manx National Insurane Fund the amount to whih in the DSC s opinion the employee is entitled in respet of that debt. 11 (2) For the purposes of subsetion (1)(e) reasonable steps inludes the making of a formal demand in writing by the employee on the employer in respet of the debt. (3) The DSC shall not make any payment under this setion unless an appliation under subsetion (1) is made before the end of the period of 12 months beginning with the date of the termination of the employee s employment. 12 149 Payment of unpaid ontributions to oupational pension sheme et. [1991/19/68] (1) If, on appliation made to it in writing by the persons ompetent to at in respet of an oupational pension sheme or a personal pension sheme, the DSC is satisfied that an employer has beome insolvent and that at that time there remained unpaid relevant ontributions falling to be paid by the employer to the sheme, the DSC shall, subjet to the provisions of this setion and setion 150 (restrition on payment in ertain ases), pay into the resoures of the sheme out of the Manx National Insurane Page 124 AT 21 of 2006

Employment At 2006 Setion 149 Fund the sum whih is in its opinion payable in respet of the unpaid relevant ontributions. 13 (2) In this setion relevant ontributions means ontributions falling to be paid by an employer to an oupational pension sheme or a personal pension sheme, either on the employer s own aount or on behalf of an employee; and for the purposes of this setion a ontribution of any amount shall not be treated as falling to be paid on behalf of an employee unless a sum equal to that amount has been deduted from the pay of the employee by way of a ontribution from him or her. (3) Subjet to subsetion (6), the sum payable under this setion in respet of unpaid ontributions of an employer on his or her own aount to an oupational pension sheme or a personal pension sheme shall be the least of the following amounts () the balane of relevant ontributions remaining unpaid on the date when the employer beame insolvent and payable by the employer on his or her own aount to the sheme in respet of the 12 months immediately preeding that date; the amount ertified by an atuary to be neessary for the purpose of meeting the liability of the sheme on dissolution to pay the benefits provided by the sheme to or in respet of the employees of the employer; and an amount equal to 10 per ent. of the total amount of remuneration paid or payable to those employees in respet of the 12 months immediately preeding the date on whih the employer beame insolvent. (4) For the purposes of subsetion (3)(), remuneration inludes holiday pay, and any suh payment as is referred to in setion 147(4) (payment for time off). (5) Any sum payable under this setion in respet of unpaid ontributions on behalf of an employee shall not exeed the amount deduted from the pay of the employee in respet of the employee s ontributions to the sheme during the 12 months immediately preeding the date on whih the employer beame insolvent. (6) Where the sheme in question is a money purhase sheme, the sum payable under this setion by virtue of subsetion (3) shall be the lesser of the amounts mentioned in paragraphs and () of that subsetion. (7) The DSC shall not make any payment under this setion unless an appliation under subsetion (1) is made before the end of the period of 12 months beginning with the date on whih the employer beame insolvent. 14 (8) In this setion AT 21 of 2006 Page 125

Setion 150 Employment At 2006 on his or her own aount, in relation to an employer, means on his or her own aount but to fund benefits for, or in respet of, one or more employees; and money purhase sheme means a pension sheme under whih () (d) all the benefits that may be provided are money purhase benefits; all the benefits are made in relation to a member of a personal or oupational pension sheme or, in respet of suh a member, his or her widow, widower or surviving ivil partner; 15 the rate or amount of those benefits is alulated by referene to a payment or payments made by the member or by any other person in respet of the member; and the rate or amount of those benefits is not alulated by referene to the average salary of a member over the period of servie on whih the benefit is based. 150 Restrition on payment in ertain ases [1991/19/69] (1) This setion applies where any of the following (a relevant offier ) () (d) (e) a trustee in bankrupty, a liquidator, a reeiver or manager, a trustee under a deed of arrangement (within the meaning of the Bankrupty Code 1892), or suh other person who is authorised to exerise rights analogous to those of a relevant offier desribed in,, () or (d), whether appointed by instrument governed by foreign law or by a ompetent ourt outside the Island, has been or is required to be appointed in onnetion with the employer s insolveny. (2) Subjet to subsetion (5), the DSC shall not make any payment under setion 147 (employee s rights on insolveny of employer) in respet of any debt until it has reeived a statement from the relevant offier of the amount of that debt owed to the employee on the relevant date and to remain unpaid. 16 (3) Subjet to subsetion (5), the DSC shall not make any payment under setion 149 (payment of unpaid ontributions to oupational pension sheme) in respet of unpaid relevant ontributions until it has reeived a statement from the relevant offier of the amount of relevant ontributions whih appear to have been unpaid on the date when the employer beame insolvent and to remain unpaid. 17 Page 126 AT 21 of 2006

Employment At 2006 Setion 151 (4) Subjet to subsetion (5), an amount shall be taken to be payable, paid or deduted as mentioned in setion 149(3) or () or (5) only if it is so ertified by the relevant offier. (5) If the DSC is satisfied that it does not require a statement under subsetion (2) or (3) in order to determine the amount of the debt that was owed to the employee on the relevant date and remains unpaid, or the amount of relevant ontributions that was unpaid on the date on whih the employer beame insolvent and remains unpaid, as the ase may be, or that it does not require a ertifiate under subsetion (4) in order to determine the amounts payable, paid or deduted as mentioned in setion 149(3) or () or (5), it may make a payment in respet of the debt or ontributions in question, under setion 147 (employee s rights on insolveny of employer) or 149 (payment of unpaid ontributions to oupational pension sheme, et.), as the ase may be, without having reeived suh a statement or ertifiate. 18 151 Exeption for diretors et. [1991/19/70] The DSC shall not make any payment under setion 147 (insolveny of employer), 148 (essation of business of employer), or 149 (payment of unpaid ontributions to oupational pension sheme, et.) to or in respet of an employee whose employer is a ompany and who, at any time during the 12 months ending with the date on whih the employer beame insolvent, was a diretor of the ompany; or the benefiial owner of one-half or more of the issued share apital of the ompany, or of any other ompany whih at that time had ontrol (diretly or indiretly) of that ompany. 19 152 Complaints to Tribunal [1991/19/71] (1) An employee who has applied for a payment under setion 147 (insolveny of employer) or 148 (essation of business of employer) may, within the period of 3 months beginning with the date on whih the DSC s deision on that appliation was ommuniated to him or her or, if that is not reasonably pratiable, within suh further period as is reasonable, omplain to the Tribunal that the DSC has failed to make any suh payment; or 20 any suh payment made by the DSC is less than the amount whih should have been paid. 21 AT 21 of 2006 Page 127

Setion 153 Employment At 2006 (2) Any persons who are ompetent to at in respet of an oupational pension sheme or a personal pension sheme and who have applied for a payment to be made under setion 149 (payment of unpaid ontributions to oupational pension sheme, et.) into the resoures of the sheme may, within the period of 3 months beginning with the date on whih the DSC s deision on that appliation was ommuniated to them, or, if that is not reasonably pratiable, within suh further period as is reasonable, present a omplaint to the Tribunal that the DSC has failed to make any suh payment; or 22 any suh payment made by it is less than the amount whih should have been paid. 23 (3) Where the Tribunal finds that the DSC ought to make a payment under setion 147, 148 or 149, it shall make a delaration to that effet and shall also delare the amount of any suh payment whih it finds the DSC ought to make. 24 153 Subrogation of DSC [1991/19/72] (1) Where, in pursuane of setion 147 (insolveny of employer) or 148 (essation of business of employer), the DSC makes any payment to an employee in respet of any debt to whih setion 147 applies () (d) any rights of the employee in respet of that debt (or, if the DSC has paid only part of it, in respet of that part) shall, on the making of the payment, beome the rights of the DSC; 25 the employee shall exeute suh douments (inluding any delaration of trust), do any at or provide suh assistane to the DSC as it may require to enable it to exerise those rights; 26 the employee shall pay to the DSC any amount whih he or she reeives in respet of those rights and until suh time any suh amount shall be held by the employee on trust for the DSC; and 27 any deision of the Tribunal requiring an employer to pay that debt to the employee shall have the effet that the debt or, as the ase may be, that part of it whih the DSC has paid, is to be paid to the DSC. 28 (2) Where a debt or any part of a debt in respet of whih the DSC has made a payment in pursuane of setion 147 ( insolveny of employer) or 148 (essation of business of employer) onstitutes a preferential debt, then, without prejudie to the generality of subsetion (1), there is inluded among the rights whih beome rights of the DSC in aordane with subsetion (1) any right under the Preferential Payments At 1908 (in this At referred to as the 1908 At ) by reason of the status of the debt (or that part of it) as a preferential debt. 29 Page 128 AT 21 of 2006

Employment At 2006 Setion 154 (3) In omputing for the purposes of the 1908 At the aggregate amount payable in priority to other reditors of the employer in respet of any laim of the DSC to be so paid by virtue of subsetion (2), and 30 any laim by the employee to be so paid in his or her own right, any laim falling within paragraph shall be treated as if it were a laim of the employee; but the DSC is entitled, as against the employee, to be so paid in respet of any laim of the DSC s (up to the full amount of the laim) before any payment falling within paragraph. 31 (4) Where in pursuane of setion 149 (payment of unpaid ontributions to oupational pension shemes, et.) the DSC makes any payment into the resoures of an oupational pension sheme or a personal pension sheme in respet of any ontributions to the sheme, any rights and remedies in respet of those ontributions belonging to the persons ompetent to at in respet of the sheme shall, on the making of the payment, beome the rights and remedies of the DSC. 32 (5) Where the DSC makes any suh payment as is mentioned in subsetion (4) and the sum (or any part of the sum) falling to be paid by the employer on aount of the ontributions in respet of whih the payment is made onstitutes a preferential debt, then, without prejudie to the generality of subsetion (4), there is inluded among the rights and remedies whih beome the rights and remedies of the DSC in aordane with subsetion (4) any right under the 1908 At by reason of the status of that sum (or that part of it) as a preferential debt. 33 (6) In omputing for the purposes of the 1908 At the aggregate amount payable in priority to other reditors of the employer in respet of any laim of the DSC to be so paid by virtue of subsetion (5), and 34 any laim by the persons ompetent to at in respet of the sheme, any laim falling within paragraph shall be treated as if it were a laim of those persons, to be so paid in respet of any laim of the DSC s (up to the full amount of the laim) before any payment is made to them in respet of any laim falling within paragraph. 35 (7) Any sum reovered by the DSC in exerising any rights under this setion shall be paid into the Manx National Insurane Fund. 36 154 Power of DSC to obtain information in onnetion with appliations [1991/19/73] (1) Where an appliation is made to the DSC under setion 147 (insolveny of employer), 148 (essation of business of employer) or 149 (payment of unpaid ontributions to oupational pension sheme, et.) in respet of a AT 21 of 2006 Page 129

Setion 155 Employment At 2006 debt owed, or ontributions to an oupational pension sheme or a personal pension sheme falling to be made, by an employer, the DSC may require the employer to provide it with suh information as the DSC may reasonably require for the purpose of determining whether the appliation is well-founded; and 37 any person having the ustody or ontrol of any relevant reords or other douments to produe for examination on behalf of the DSC any suh doument in that person s ustody or under his or her ontrol whih is of suh a desription as the DSC may require. 38 (2) Any suh requirement shall be made by notie in writing given to the person on whom the requirement is imposed and may be varied or revoked by a subsequent notie so given. (3) If a person refuses or wilfully neglets to furnish any information or produe any doument whih he or she has been required to furnish or produe by a notie under this setion that person shall be guilty of an offene and liable on summary onvition to a fine not exeeding 1,000. (4) If a person, in purporting to omply with a requirement of a notie under this setion, knowingly or reklessly makes any false statement that person shall be guilty of an offene and liable on summary onvition to a fine not exeeding 5,000. (5) Where an offene under this setion is ommitted by a body orporate and is proved to have been ommitted with the onsent or onnivane of, or to be attributable to any neglet on the part of, any diretor, manager, seretary or other similar offier of the body orporate, he or she, as well as the body orporate, shall be guilty of that offene and liable to be proeeded against and punished aordingly. (6) Where the affairs of a body orporate are managed by its members, subsetion (5) shall apply in relation to the ats and defaults of a member in onnetion with his or her funtions of management as if he or she were a diretor of the body orporate. 155 Interpretation of Part XI [1991/19/74] (1) For the purposes of this Part, an employer shall be taken to be insolvent if, but only if, the employer beomes bankrupt or makes a deed of arrangement (within the meaning of the Bankrupty Code 1892); the employer has died and by virtue of an order of the ourt his or her estate is being administered in aordane with the rules set Page 130 AT 21 of 2006

Employment At 2006 Setion 155 () (d) (2) In this Part out in setion 39 of the Administration of Estates At 1990 (insolvent estates); where the employer is a ompany, a winding up order is made or a reditors resolution for voluntary winding up is passed with respet to it, or a reeiver or manager of its undertaking is duly appointed, or possession is taken, by or on behalf of the holders of any debentures seured by a floating harge, of any property of the ompany omprised in or subjet to the harge; or an event analogous to any of those speified in paragraphs to () has ourred in respet of the employer in any jurisdition outside the Island. the Department [Repealed] 39 holiday pay means pay in respet of a holiday atually taken; or any arued holiday pay whih under the employee s ontrat of employment would in the ordinary ourse have beome payable to the employee in respet of the period of a holiday if his or her employment with the employer had ontinued until the employee beame entitled to a holiday; oupational pension sheme means any sheme or arrangement whih provides or is apable of providing, in relation to employees in any desription of employment, benefits (in the form of pensions or otherwise) payable to or in respet of any suh employees on the termination of their employment or on their death or retirement; personal pension sheme means any sheme or arrangement whih is omprised in one or more instruments or agreements and whih has, or is apable of having, effet so as to provide benefits (in the form of pensions or otherwise) payable on death or retirement to or in respet of employees who have made arrangements with the trustees or managers of the sheme for them to beome members of the sheme and any referene in this Part to the resoures of suh a sheme is a referene to the funds out of whih the benefits provided by the sheme are from time to time payable; preferential debt means a debt falling within setion 3(1) of the 1908 At; rights inludes remedies; the 1908 At means the Preferential Payments At 1908. AT 21 of 2006 Page 131

Setion 156 Employment At 2006 PART XII RESOLUTION OF DISPUTES RELATING TO EMPLOYMENT 156 The Employment Tribunal [1991/19/75] (1) There shall ontinue to be an Employment Tribunal, whih shall be onstituted in aordane with Part I of Shedule 3. (2) Part II of Shedule 3, whih makes provision, among other things, with respet to proeedings before the Tribunal, shall have effet. (3) The remedy of an employee for infringement of any of the rights onferred on him or her or for ontravention of any obligation imposed by (i) (ii) (iii) (iv) (v) (vi) (vii) Part II rights during employment); setions, 35 to 48 (time off work provisions) of Part III rights arising in ourse of employment); setions 61 (detriment: health and safety), 62 (detriment: annual leave and other working time ases), 64 (detriment: proteted dislosures), 67 (detriment on grounds related to trade union membership or ativities), 68 (detriment: right to aompany, et.) and 70 (detriment: assertion of statutory right) of Part V (detriment); Part VI (suspension from work on maternity grounds); Part VII (leave for family and domesti reasons); setion 110 (right to written statement of reasons for dismissal) of Part IX (termination of employment); Part X (unfair dismissal); (viii) Part XI (insolveny and essation of business); and (ix) setions 165 (part-time work: disrimination, 166 (limitedterm employment) and 167 (annual leave and other working time ases), is by way of omplaint or referene to the Tribunal and not otherwise. (4) The remedy of a worker in respet of any ontravention of (i) (ii) (iii) (iv) setion 21 restritions or dedutions), setion 22(1) (dedutions on aount of ash shortages), setion 23 (payments on aount of ash shortages), and setion 26(1) (supplementary provisions as to omplaints), is by way of omplaint under setion 25 and not otherwise. (5) In relation to the rights onferred by (i) setion 61 (detriment: health and safety), Page 132 AT 21 of 2006

Employment At 2006 Setion 157 (ii) (iii) setion 62 (detriment: annual leave and other working time ases), setion 64 (detriment: proteted dislosures), (iv) setion 67 (detriment: trade union membership or ativities), (v) (vi) setion 68 (detriment: right to aompany, et.), and setion 70 (detriment: assertion of statutory right), the referene in subsetion (3) to an employee has effet as a referene to a worker. (6) The Department may by order extend the provisions of subsetions (3) and (5) to inlude other provisions of this At. (7) Complaints to the Tribunal shall be ommened in aordane with rules under paragraph 1 of Part II of Shedule 3. (8) In this Part (and Shedule 3) omplaint inludes a laim, referene, appliation or appeal to the Tribunal. 157 Coniliation [1991/19/76] (1) This setion applies to a omplaint to the Tribunal () (d) arising out of a ontravention or alleged ontravention of any provisions of this At or any regulations made under it where the Tribunal has jurisdition to hear a omplaint; arising out of a ontravention of or alleged ontravention of setion 1 of the Redundany Payments At 1990 (general provisions as to right to redundany payments); arising out of a ontravention, or alleged ontravention of setions 9 and 12 of the Shops At 2000 (dismissal; detriment); or arising out of a ontravention or alleged ontravention of setions 8, 14, 16(1) or 20 of the Minimum Wage At 2001 (enforement rights). (2) Where at any time a person laims that ation has been taken in respet of whih proeedings ould be brought by that person before the Tribunal, but before any appliation relating to that ation has been presented by him or her a request is made to an industrial relations offier (whether by that person or by the person against whom the proeedings ould be instituted to make his or her servies available to them, the industrial relations offier shall endeavour to promote a settlement of the question without reourse to the Tribunal. AT 21 of 2006 Page 133

Setion 158 Employment At 2006 (3) Where a person ( the laimant ) has made a omplaint to whih this setion applies and a opy of it has been sent to an industrial relations offier, the industrial relations offier shall if requested to do so by the laimant and the other party to the proeedings, or without suh a request, if the industrial relations offier onsiders that he or she ould at under this subsetion with a reasonable prospet of suess, endeavour to promote a settlement of the question without its being determined by the Tribunal. (4) For the purpose of promoting a settlement in a ase falling within subsetion (1) where the laimant has eased to be employed by the other party to the dispute or proeedings the industrial relations offier shall in partiular seek to promote the reinstatement or re-engagement of the laimant by that other party, or by a suessor of his or hers or by an assoiated employer, on terms appearing to the industrial relations offier to be equitable; where the laimant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not pratiable, and the parties desire the industrial relations offier to at under this setion, the industrial relations offier shall seek to promote agreement between them as to a sum by way of ompensation to be paid by that other party to the laimant. (5) In ating under this setion the industrial relations offier shall, where appropriate, have regard to the desirability of enouraging the use of proedures, other than proeedings before the Tribunal, available for the settlement of grievanes. (6) Anything ommuniated to an industrial relations offier in onnetion with the performane of his or her funtions under this setion shall not be admissible in evidene in proeedings before the Tribunal, exept with the onsent of the person who ommuniated it to him or her. 158 Reoupment of benefit [1991/19/77] (1) This setion applies to payments whih are the subjet of proeedings before the Tribunal and are payments of wages or ompensation for loss of wages; or payments by employers to employees, under Part III, Part V, setion 110 (right to written statement of reasons for dismissal) or Part X, or Page 134 AT 21 of 2006

Employment At 2006 Setion 158 () payments by employers to employees, of a nature similar to, or for a purpose orresponding to the purpose of, suh payments as are mentioned in paragraph. (2) The DSC may by regulations make provision with respet to payments to whih this setion applies for all or any of the following purposes () enabling that Department to reover from an employer, by way of total or partial reoupment of jobseeker s allowane or inome support, a sum not exeeding the amount of the presribed element of the monetary award; requiring or authorising the Tribunal to order the payment of suh a sum, by way of total or partial reoupment of either benefit, to that Department instead of to the employee; requiring the Tribunal to order the payment to the employee of only the exess of the presribed element of the monetary award over the amount of any jobseeker s allowane or inome support shown to the Tribunal to have been paid to the employee, and enabling that Department to reover from the employer, by way of total or partial reoupment of the benefit, a sum not exeeding that amount. 40 (3) Without prejudie to subsetion (2), regulations under that subsetion may () (d) (e) (f) (g) be so framed as to apply to all payments to whih this setion applies or one or more lasses of those payments, and so as to apply both to jobseeker s allowane and inome support or only to one of those benefits; onfer powers and impose duties on the High Court, the Tribunal, adjudiation offiers and other persons; impose, on an employer to whom a monetary award relates, a duty to furnish partiulars onneted with the award and to suspend payments in pursuane of the award during any period presribed by the regulations; provide for an employer who pays a sum to the DSC in pursuane of this setion to be relieved from any liability to pay the sum to another person; 41 provide for the determination by an adjudiation offier of any issue arising as to the total or partial reoupment in pursuane of the regulations, of a jobseeker s allowane or inome support; onfer on an employee a right of appeal to an appeal tribunal onstituted under hapter 1 of Part 1 of the Soial Seurity At 1998 (as that At of Parliament has effet in the Island) against any deision of an adjudiation offier on any suh issue; provide for the proof in proeedings before the High Court or the Tribunal (whether by ertifiate or in any other manner) of any AT 21 of 2006 Page 135

Setion 159 Employment At 2006 amount of jobseeker s allowane or inome support paid to an employee. (4) Where in pursuane of any regulations under subsetion (2) a sum has been reovered by or paid to the DSC by way of total or partial reoupment of jobseeker s allowane or inome support, no sum shall be reoverable under Part III or V of the Soial Seurity Administration At 1992 (as that At of Parliament has effet in the Island) and no abatement, payment or redution shall be made by referene to the jobseeker s allowane or the inome support reouped. 42 (5) Any amount found to have been duly reovered by or paid to the DSC in pursuane of regulations under subsetion (2) by way of total or partial reoupment of jobseeker s allowane or inome support shall be paid into the Manx National Insurane Fund or the general revenue of the Island respetively. 43 (6) In this setion adjudiation offier means an adjudiation offier appointed under hapter 1 of Part 1 of the Soial Seurity At 1998 (as that At of Parliament has effet in the Island); inome support means inome support payable under setion 124 of the Soial Seurity Contributions and Benefits At 1992 (as that At of Parliament has effet in the Island); jobseeker s allowane means (i) (ii) a jobseeker s allowane under the Jobseekers At 1995 (as that At of Parliament has effet in the Island); and any benefit payable by virtue of a resolution of Tynwald whih is designated by regulations under subsetion (2) for the purpose of this definition; monetary award means the amount whih is awarded, or ordered or adjudged to be paid, to the employee by the High Court or the Tribunal or would be so awarded or ordered apart from any provision of regulations under this setion; the presribed element, in relation to any monetary award, means so muh of that award as is attributable to suh matters as may be presribed by regulations under subsetion (2). 159 Enforement of awards et. of Tribunal [1991/19/78] Where on any appeal, referene or omplaint, or in any other proeedings, under the Redundany Payments At 1990, the Employment (Sex Disrimination) At 2000, the Shops At 2000, the Minimum Wage At 2001 or this At, the Tribunal Page 136 AT 21 of 2006

Employment At 2006 Setion 160 () determines that any party to the proeedings is entitled to be paid any sum by another suh party; or orders any suh party to pay or repay any sum to another suh party, or makes an award of ompensation, the Tribunal may grant exeution for the sum or the amount of the award, as the ase may be. 160 Appeals [1991/19/79] (1) Any person who is aggrieved by any deision, determination, order or award of the Tribunal under the Redundany Payments At 1990, the Employment (Sex Disrimination) At 2000, the Shops At 2000, the Minimum Wage At 2001 or this At may, within suh time as may be presribed by rules of ourt, appeal on a question of law to the High Court. (2) On an appeal under this setion the High Court may exerise any power of the Tribunal or may remit the ase to the Tribunal. (3) Any deision, determination, order or award of the High Court on suh an appeal shall have the same effet and may be enfored in the same manner as a deision or award of the Tribunal. (4) Any sum payable in pursuane of a determination, order or award of the High Court on an appeal under this setion shall be treated as if it were a sum payable in pursuane of a determination, order or award of the Tribunal for the purposes of paragraph 11 of Part II of Shedule 3 (interest on sums awarded). PART XIII - MISCELLANEOUS AND SUPPLEMENTAL 161 Appliation to territorial waters [1991/19/80] (1) The Counil of Ministers may by order provide that the provisions of this At shall, to suh extent and for suh purposes as may be speified in the order, apply (with or without modifiation) to or in relation to any person in employment for the purposes of any ativities in the territorial waters of the Island. (2) An order under subsetion (1) may make provision for onferring jurisdition on any ourt speified in the order, or on the Tribunal, in respet of offenes, auses of ation or other matters arising in onnetion with employment to whih this setion applies; but any suh jurisdition AT 21 of 2006 Page 137

Setion 162 Employment At 2006 shall be without prejudie to the jurisdition exerisable apart from this setion by that or any other ourt or tribunal. 162 Power to onfer rights on individuals [P1999/18/23; 1991/19/81] (1) This setion applies to any right onferred on an individual against an employer (however defined) under or by virtue of this At. (2) The Department may by order make provision whih has the effet of onferring any suh right on individuals who are of a speified desription. (3) The referene in subsetion (2) to individuals inludes a referene to individuals expressly exluded from exerising the right. (4) An order under this setion may () provide that individuals are to be treated as parties to workers ontrats or ontrats of employment; make provision as to who are to be regarded as the employers of individuals; make provision whih has the effet of modifying the operation of any right as onferred on individuals by the order; (d) inlude suh onsequential, inidental or supplementary provisions as the Department thinks fit. (5) An order under this setion may make provision in suh way as the Department thinks fit. (6) The ways in whih an order under this setion may make provision inlude, in partiular amending any statutory provision, and exluding or applying (whether with or without amendment) any statutory provision. 163 Illegality and treatment of speial ategories of worker [1991/19/82] (1) A worker is exluded from benefiting from any of the provisions of this At and the Employment Ats where the worker s ontrat is tainted by illegality unless the Tribunal onsiders it is just and equitable to rule otherwise. (2) Shedule 4 has effet for the purpose of exluding ertain ategories of employment from some or all of the provisions of this At or for the purpose of modifying their appliation to suh ategories of employment. Page 138 AT 21 of 2006

Employment At 2006 Setion 164 164 Restritions on ontrating out [P1996/18/203; 1991/19/83] (1) Any provision in an agreement (whether a ontrat of employment or not) is void in so far as it purports to exlude or limit the operation of any provision of this At, or to prelude a person from bringing any proeedings under this At before the Tribunal. (2) Subsetion (1) does not apply to any agreement to refrain from instituting or ontinuing proeedings where an industrial relations offier has taken ation under (i) (ii) setion 157 (oniliation); or suh other enatments as may by order be presribed by the Department. 165 Part-time work: disrimination [P1999/26/19] (1) The Department shall make regulations for the purpose of seuring that persons in part-time employment are treated, for suh purposes and to suh extent as the regulations may speify, no less favourably than persons in full-time employment. (2) The regulations may () (d) speify lasses of person who are to be taken to be, or not to be, in part-time employment; speify lasses of person who are to be taken to be, or not to be, in full-time employment; speify irumstanes in whih persons in part-time employment are to be taken to be, or not to be, treated less favourably than persons in full-time employment; make provision whih has effet in relation to persons in parttime employment generally or provision whih has effet only in relation to speified lasses of persons in part-time employment. (3) The regulations may () onfer jurisdition (inluding exlusive jurisdition) on the Tribunal and on the High Court; reate riminal offenes in relation to speified ats or omissions by an employer, by an organisation of employers, by an organisation of workers or by an organisation existing for the purposes of a profession or trade arried on by the organisation s members; in speified ases or irumstanes, extend liability for a riminal offene reated under paragraph to a person who aids the AT 21 of 2006 Page 139

Setion 166 Employment At 2006 (d) (e) (f) (g) (h) (i) ommission of the offene or to a person who is an agent, prinipal, employee, employer or offier of a person who ommits the offene; provide for speified obligations or offenes not to apply in speified irumstanes; make provision about noties or information to be given, evidene to be produed and other proedures to be followed; amend, apply with or without modifiations, or make provision similar to any provision of this At (inluding, in partiular, Parts V, X and XIII) and the Redundany Payments At 1990; provide for the provisions of speified agreements to have effet in plae of provisions of the regulations to suh extent and in suh irumstanes as may be speified; inlude supplemental, inidental, onsequential and transitional provision, inluding provision amending an enatment; make different provision for different ases or irumstanes. (4) Regulations under this setion whih reate an offene shall provide for it to be triable summarily only, and may not provide for it to be punishable by ustody or by a fine in exess of 5,000. 166 Limited-term employment [2002/22/45] (1) The Department may make regulations for the purpose of seuring that employees in limited-term employment are treated, for suh purposes and to suh extent as the regulations may speify, no less favourably than employees in permanent employment, and for the purpose of preventing abuse arising from the use of suessive periods of limited-term employment. (2) The regulations may () speify lasses of employee who are to be taken to be, or not to be, in limited-term employment; speify lasses of employee who are to be taken to be, or not to be, in permanent employment; speify irumstanes in whih employees in limited-term employment are to be taken to be, or not to be, treated less favourably than employees in permanent employment; (d) speify irumstanes in whih periods of limited-term employment are to be taken to be, or not to be, suessive; Page 140 AT 21 of 2006

Employment At 2006 Setion 167 (e) (f) speify irumstanes in whih limited-term employment is to have effet as permanent employment; make provision whih has effet in relation to employees in limited-term employment generally or provision whih has effet only in relation to speified lasses of employee in limited-term employment. (3) The regulations may () (d) (e) onfer jurisdition (inluding exlusive jurisdition) on the Tribunal and on the High Court; provide for speified obligations not to apply in speified irumstanes; make provision about noties or information to be given, evidene to be produed and other proedures to be followed; amend, apply with or without modifiations, or make provision similar to any provision of (i) (ii) this At, inluding in partiular, Parts V, X and XIII; or the Soial Seurity Contributions and Benefits At 1992 (as that At of Parliament has effet in the Island); provide for the provisions of speified agreements to have effet in plae of provisions of the regulations to suh extent and in suh irumstanes as may be speified. (4) The power of the Department to make regulations under this setion inludes power to make different provision for different ases or irumstanes; to make suh inidental, supplementary onsequential or transitional provisions as the Department thinks fit. 167 Annual leave and other working time ases [SI 1998/1833] (1) The Department shall make regulations onferring upon workers rights whih onern diretly or indiretly entitlement to annual leave, ompensation related to the taking of annual leave, payment in respet of periods of leave and the manner in whih suh ompensation or payment may be made. (2) Without prejudie to the generality of subsetion (1), the Department may make regulations under that subsetion whih determine a worker s right to a period of annual leave, subjet to qualifying onditions, limitations and permitted exeptions; the minimum period of annual leave to whih a worker shall be entitled and the mode of its omputation; AT 21 of 2006 Page 141

Setion 167 Employment At 2006 () the manner and the onditions subjet to whih annual leave may be taken or postponed; (d) the treatment of bank holidays under the Bank Holidays At 1989 for the purposes of regulations made under this subsetion; (e) (f) (g) a worker s entitlement to payment for annual leave and for the ontinuation of a worker s terms and onditions of employment during annual leave; and the omputation of ompensation in lieu of annual leave where a worker s employment is terminated; and onditions subjet to whih a worker may enter into a written agreement to vary or disapply the provisions of regulations made under subsetion (1) and this subsetion. (3) The Department may make regulations in relation to measures whih onern diretly or indiretly the organisation of working time. (4) Without prejudie to the generality of subsetion (3), the Department may make regulations under that subsetion presribing () (d) (e) a worker s maximum average weekly working time inluding overtime, by referene to a speified number of weeks; a worker s maximum working time during a period of 24 hours beginning at midnight; a worker s maximum working hours between midnight and 5am; a worker s entitlement during the period in whih he or she works for the employer to rest breaks in eah 24 hour period and weekly rest breaks in eah 7 day period; and onditions subjet to whih a worker and an employer may enter into a written agreement to vary or disapply the provisions of regulations made under subsetion (3) and this subsetion. (5) Regulations under subsetion (1) to (4) may exlude from their appliation presribed ativities and irumstanes in whih a worker is employed. (6) Regulations under this setion may provide for the keeping of worker reords by the employer in suh form and ontaining suh partiulars as may be presribed. (7) Regulations under this setion may amend, modify or repeal any statutory provision (whenever made) relating to annual leave, holiday pay or working time. (8) Regulations under this setion may provide that ontravention of, or failure to omply with, the regulations shall be an offene punishable on summary onvition by a fine not exeeding suh amount (whih shall not be greater than 5,000) as may be speified in the regulations. Page 142 AT 21 of 2006

Employment At 2006 Setion 168 (9) A omplaint may be presented to the Tribunal by a worker that the employer has failed to permit the exerise of any right (inluding any right to ompensation or payment) under regulations made under this setion and the Department may by regulation presribe (i) (ii) (iii) time limits for the making of omplaints to the Tribunal under this subsetion; the nature of the order whih may be made where a omplaint is well-founded; and the amount of ompensation and the basis upon whih it shall be omputed. 168 Death of employer or employee [P1996/18/206 and 207; 1991/19/84] (1) Where an employer has died, any proeedings of the Tribunal arising under any of the provisions of this At to whih this setion applies may be defended by a personal representative of the deeased employer. (2) This setion applies to () (d) (e) (f) Part II (rights during employment), so far as it relates to itemised pay statements, the time off provisions of Part III (rights arising in ourse of employment), apart from setions 45 to 47 (pension sheme trustees rights) and setion 48, so far as it relates to those setions, Part V (detriment), Parts VI (suspension from work on maternity grounds) and VII (leave for family and domesti reasons), setion 110 of Part IX (written statement of reasons for dismissal), and Parts X (unfair dismissal) and XI (insolveny and essation of business). (3) Where an employee has died, any Tribunal proeedings arising under any of the provisions of this At to whih this setion applies may be instituted or ontinued by a personal representative of the deeased employee. (4) If there is no personal representative of a deeased employee, any proeedings of the Tribunal arising under any of the provisions of this At to whih this setion applies may be instituted or ontinued on behalf of the estate of the deeased employee by any appropriate person appointed by the Tribunal. (5) In subsetion (4) appropriate person means a person who is authorised by the employee before his death to at in onnetion with the proeedings, or AT 21 of 2006 Page 143

Setion 169 Employment At 2006 the surviving spouse or surviving ivil partner, hild, parent or brother or sister of the deeased employee; 44 and in the following provisions of this setion referenes to a personal representative inlude a person appointed under subsetion (4). (6) In a ase where proeedings are instituted or ontinued by virtue of subsetion (4), any award made by the Tribunal shall be made in suh terms, and enforeable in suh manner, as the Department may by regulations presribe. (7) Any referene in the provisions of this At to whih this setion applies to the doing of anything by or in relation to an employer or employee inludes a referene to the doing of the thing by or in relation to a personal representative of the deeased employer or employee. (8) Any referene in the provisions of this At to whih this setion applies to a thing required or authorised to be done by or in relation to an employer or employee inludes a referene to a thing required or authorised to be done by or in relation to a personal representative of the deeased employer or employee. (9) Subsetions (7) and (8) do not prevent a referene to a suessor of an employer inluding a personal representative of a deeased employer. (10) Any right arising under any of the provisions of this At to whih this setion applies whih arues after the death of an employee devolves as if it had arued before his death. (11) Where by virtue of any of the provisions to whih this setion applies a personal representative is liable to pay any amount, and the liability has not arued before the death of the employer, it shall be treated as a liability of the deeased employer whih had arued immediately before his death. 169 Computation of period of employment [P1996/18/210; 1991/19/85] Shedule 5 has effet for the purposes of this At for omputing an employee s period of ontinuous employment. 170 Calulation of normal working hours and a week s pay [1991/19/86] Shedule 6 has effet for the purpose of this At for alulating the normal working hours and the amount of a week s pay of any employee. Page 144 AT 21 of 2006

Employment At 2006 Setion 171 171 Codes of pratie [1991/19/87] (1) The Department may issue odes of pratie, or approve odes of pratie issued by any other person (inluding a ode of pratie issued by a person outside the Island), ontaining suh pratial guidane as it thinks fit for all or any of the following purposes () promoting the improvement of industrial relations; eliminating disrimination in the field of employment; promoting equality of opportunity between men and women in that field. In this subsetion disrimination has the meaning given by setion 7 of the Employment (Sex Disrimination) At 2000 (interpretation of Part 2 of that At). (2) The Department shall not issue or approve a ode of pratie under this setion unless it has first () onsulted the industrial relations offier or offiers and suh organisations appearing to the Department to be representative of employers and employees as the Department thinks appropriate; published its proposals in the form either of a draft ode or of a opy of the ode proposed to be approved, as the ase may be; and onsidered any representations made to the Department about the draft or proposed ode; and the draft or proposed ode has been approved by Tynwald. (3) A ode of pratie issued under this setion, and the instrument approving a ode under this setion, shall state the date on whih the ode omes into operation. (4) Without prejudie to any other provision of this At, a failure on the part of any person to observe any provision of a ode of pratie issued or approved under this setion shall not of itself render him or her liable to any proeedings, but in any proeedings before a ourt or tribunal any suh ode shall be admissible in evidene, and any provision of the ode whih appears to the ourt or tribunal to be relevant to the question arising in the proeedings shall be taken into aount in determining that question. 172 Publiation of employees rights [1991/19/87A] (1) The Department shall from time to time, and in any event not less than one in eah year, ause to be published in 2 newspapers published and irulating in the Island noties AT 21 of 2006 Page 145

Setion 173 Employment At 2006 summarising (i) (ii) (iii) (iv) the rights of employees and workers under this At; the rights of employees under the Redundany Payments At 1990; and the rights of women and men under the Employment (Sex Disrimination) At 2000; the rights of shop-workers under the Shops At 2000; and (v) the rights of workers under the Minimum Wage At 2001; advising of the availability of publi information leaflets in relation to those rights, for the purpose of promoting publi awareness of those rights. (2) A notie shall be treated as omplying with subsetion (1) if it is in suh form and ontains suh information as is presribed in regulations made by the Department. 173 General interpretation [1991/19/88] (1) In this At, exept in so far as the ontext otherwise requires at and ation eah inludes omission, and referenes to doing an at or taking ation shall be onstrued aordingly; assoiated employer shall be onstrued in aordane with subsetion (7); basi award of ompensation for unfair dismissal shall be onstrued in aordane with setion 140; business inludes a trade or profession, and any ativity arried on by a body of persons, whether orporate or uninorporate; hildbirth means the birth of a living hild, or the birth of a hild, whether living or dead, after 24 weeks of pregnany; olletive agreement means any agreement or arrangement made by or on behalf of one or more trade unions and one or more employers or employers assoiations and relating to one or more of the matters speified below; and olletive bargaining means negotiations relating to or onneted with one or more of those matters; The matters referred to above are terms and onditions of employment, or the physial onditions in whih any workers are required to work; engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers; Page 146 AT 21 of 2006

Employment At 2006 Setion 173 () (d) (e) (f) (g) alloation of work or the duties of employment between workers or groups of workers; matters of disipline; a worker s membership or non-membership of a registered trade union; failities for offiials of registered trade unions; and mahinery for negotiation or onsultation, and other proedures, relating to any of the above matters, inluding the reognition by employers or employers assoiations of the right of a registered trade union to represent workers in suh negotiation or onsultation or in the arrying out of suh proedures; ontrat of employment means a ontrat of servie or apprentieship, whether express or implied, and (if it is express) whether oral or in writing ; Crown employment means servie () in an offie speified in Part I of Shedule 1 to the Superannuation At 1984; as a member of the Isle of Man Civil Servie; or as a member of the Isle of Man Constabulary; but does not inlude servie as a member of the naval, military or air fores of the Crown; the Department means the Department of Eonomi Development; 45 the DSC means the Department of Soial Care; 46 effetive date of termination has the meaning given by setion 112(4) to (7); employee means an individual who has entered into or works under (or where the employment has eased, worked under) a ontrat of employment; employer, in relation to an employee or a worker, means the person by whom the employee or worker is (or where the employment has eased, was) employed; employers assoiation has the meaning given by setion 23(3) of the Trade Unions At 1991; employment means employment under a ontrat of employment, and in relation to a worker, means employment under his or her ontrat; the Employment Ats means the Redundany Payments At 1990, the Shops At 2000, the Employment (Sex Disrimination) At 2000, and the Minimum Wage At 2001; AT 21 of 2006 Page 147

Setion 173 Employment At 2006 employment ageny fee means any harge however desribed whih is imposed by a business (whether or not arried on with a view to profit and whether or not arried on in onjuntion with any other business) providing servies (whether by provision of information or otherwise) for the purpose of finding workers employment with employers or of supplying employers with workers for employment by them; expeted week of hildbirth means the week, beginning with midnight between Saturday and Sunday, in whih it is expeted that hildbirth will take plae; job, in relation to an employee, means the nature of the work whih he or she is employed to do in aordane with his or her ontrat and the apaity and plae in whih he or she is so employed; limited-term employment means a ontrat of employment under whih the employment under the ontrat is not intended to be permanent, and provision is aordingly made in the ontrat for it to terminate by virtue of a limiting event; limiting event, in relation to a ontrat of employment means () in the ase of a ontrat for a fixed-term, the expiry of the term, in the ase of a ontrat made in ontemplation of the performane of a speifi task, the performane of the task, and in the ase of a ontrat whih provides for its termination on the ourrene of an event (or the failure of an event to our), the ourrene of the event (or the failure of that event to our); offiial, in relation to a trade union, means any person who is an offier of the union or of a branh or setion of the union, or who (not being suh an offier) is a person eleted or appointed in aordane with the rules of the union to be a representative of its members or of some of them, inluding any person so eleted or appointed who is an employee of the same employer as the members, or one or more of the members whom he or she is to represent; paternity leave means the rights to leave onferred by setions 90 and 91; position in relation to an employee, means the following matters taken as a whole () his or her status as an employee, the nature of his or her work, and his or her terms and onditions of employment; Page 148 AT 21 of 2006

Employment At 2006 Setion 173 presribed means presribed by order or regulations made by the Department; proteted dislosure has the meaning given to it by setion 49; publi authority means any person ertain of whose funtions are funtions of a publi nature; redundany has the same meaning as in the Redundany Payments At 1990; registered, in relation to a trade union or employers assoiation, means registered under the Trade Unions At 1991; renewal inludes extension, and any referene to renewing a ontrat or a limited term shall be onstrued aordingly; strike means any onerted stoppage of work exept in the ase of Shedule 2 paragraph 6 and Shedule 5 where the expression means the essation of work by a body of employed persons ating in ombination, or a onerted refusal, or a refusal under a ommon understanding, of any number of employed persons to ontinue to work for an employer in onsequene of a dispute, done as a means of ompelling their employer or any employed person or body of employed persons, or to aid other employees in ompelling their employer or any employed person or body of employed persons, to aept or not to aept terms or onditions of or affeting employment; suessor shall be onstrued in aordane with subsetions (5) and (6); trade dispute means a dispute between workers and their employer whih relates wholly or mainly to one or more of the following matters (i) (ii) (iii) (iv) (v) (vi) (vii) terms and onditions of employment, or the physial onditions in whih any workers are required to work; re-engagement of, or failure or refusal to re-engage, or termination or suspension of employment or the duties of employment of, one or more workers; alloation of work or the duties of employment as between workers or groups of workers; matters of disipline; the membership or non-membership of a registered trade union on the part of a worker; failities for offiials of registered trade unions; and mahinery for negotiations or onsultation, and other proedures, relating to any of the foregoing, inluding the reognition by employers or employers assoiations of the right of a registered trade union to represent workers in AT 21 of 2006 Page 149

Setion 173 Employment At 2006 () (d) any suh negotiation or onsultation or in the arrying out of suh proedures; a dispute is a trade dispute for the purposes of this At even though it relates to matters ourring outside the Island, so long as the person or persons whose ations in the Island are said to be in furtherane of the dispute, are likely to be affeted in respet of one or more of the matters speified in this definition by the outome of the dispute; a dispute between any Department or Statutory Board or any other offier or body performing funtions on behalf of the Crown and any workers shall, notwithstanding that it is not the employer of those workers, be treated as a dispute between an employer and those workers; and a dispute to whih a registered trade union or employer s assoiation is a party shall be treated as a dispute to whih workers, or as the ase may be, employers are parties; trade union has the same meaning as in the Trade Unions At 1991; the Tribunal means the Employment Tribunal onstituted in aordane with Part 1 of Shedule 3; week means in Shedule 5, a week ending with a Saturday, and otherwise, exept in setions 90, 91 and 106, in relation to an employee whose remuneration is alulated weekly by a week ending with a day other than Saturday, a week ending with that other day and, in relation to any other employee, a week ending with a Saturday; worker (exept in the phrase shop worker ) means an individual who has entered into or works under (or, where the employment has eased, worked under) a ontrat of employment, or any other ontrat, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or servies for another party to the ontrat whose status is not by virtue of the ontrat that of a lient or ustomer of any profession or business undertaking arried on by the individual, and any referene to a worker s ontrat shall be onstrued aordingly. (2) Referenes in this At to dismissal by reason of redundany shall be onstrued in aordane with setion 1 of the Redundany Payments At 1990. Page 150 AT 21 of 2006

Employment At 2006 Setion 174 (3) For the purposes of this At it is immaterial whether the law whih (apart from this At) governs any person s employment is the law of the Island or not. (4) For the purposes of the appliation of this At in relation to Crown employment () a referene to an employee shall be read as a referene to a person in Crown employment; a referene to a ontrat of employment shall be read as a referene to the onditions of servie of suh a person; a referene to dismissal shall be read as a referene to the termination of Crown employment. (5) Subjet to subsetion (6), in this At suessor, in relation to the employer of an employee, means a person who, in onsequene of a hange ourring (whether by virtue of a sale or other disposition or by operation of law) in the ownership of the business or of part of the business for the purposes of whih the employee was employed, has beome the owner of that business or of that part of it. (6) Subsetion (5) has effet (subjet to the neessary modifiations) in relation to a ase where the person by whom a business or part of a business is owned immediately before a hange is one of the persons by whom (whether as partners, trustees or otherwise) it is owned immediately after the hange; or the persons by whom a business or part of a business is owned immediately before a hange (whether as partners, trustees or otherwise) inlude the person by whom, or inlude one or more of the persons by whom, it is owned immediately after the hange, as that subsetion has effet where the previous owner and the new owner are wholly different persons; and any referene in this At to a suessor of the employer shall be onstrued aordingly. (7) For the purposes of this At a person is an assoiated employer in relation to an employer if one of them is a ompany of whih the other (diretly or indiretly) has ontrol; both are ompanies of whih a third person (diretly or indiretly) has ontrol. 174 Subordinate legislation: general provisions (1) Any power onferred by this At to make subordinate legislation AT 21 of 2006 Page 151

Setion 175 Employment At 2006 if it is expressed to be exerisable for alternative purposes, may be exerised in relation to the same ase for any or all of those purposes, and if it is onferred for the purposes of any one provision of this At, is without prejudie to any power to make subordinate legislation for the purposes of any other provision. (2) A power onferred by this At to make subordinate legislation inludes power to provide for a person to exerise a disretion in dealing with any matter. (3) Any power onferred by this At to make subordinate legislation also inludes power to make suh inidental, supplementary, onsequential or transitional provision as appears to the Department to be expedient. (4) Regulations may, for the purposes of or in onnetion with the oming into fore of any provisions of this At, make any suh provision as ould be made by virtue of setion 177(3) by an order bringing those provisions into fore. (5) For the purposes of this setion subordinate legislation means any order, rule, regulation, notie or other instrument having legislative effet whih is made under this At. 175 Tynwald ontrol over orders et. [1991/19/89] (1) Orders and regulations made by any Department under this At, exept an order mentioned in subsetion (3), shall not have effet unless they are approved by Tynwald. (2) An order under paragraph 10 of Shedule 6 (a week s pay) shall not be made without the onurrene of the DSC. 47 (3) An order under setion 177(2) (appointed day orders) shall be laid before Tynwald as soon as may be after it is made. 176 Transitional provisions, savings, amendments and repeals (1) The transitional provisions and savings in Shedule 7 shall have effet. (2) The enatments speified in Shedule 8 are amended in aordane with that Shedule. (3) The enatments speified in Shedule 9 are repealed to the extent speified in olumn 3 of that Shedule. 177 Short title and ommenement (1) This At may be ited as the Employment At 2006. Page 152 AT 21 of 2006

Employment At 2006 Setion 177 (2) This At shall ome into operation on suh day or days as the Department may by order appoint and different days may be so appointed for different provisions and different purposes. 48 (3) Without prejudie to setion 174(3), the power to make an order under subsetion (2) inludes power to make transitional adaptations or modifiations of the provisions brought into fore by the order, as it appears to the Department expedient, inluding different adaptations or modifiations for different periods. AT 21 of 2006 Page 153

Employment At 2006 Shedule 1 SCHEDULE 1 TRIBUNAL S DUTIES IN CASES OTHER THAN SECTION 17 Setion 18 Tribunal jurisditions to whih setion 18 applies Setion 21 of the Redundany Payments At 1990 (redundany payments) Setion 35 of the Employment (Sex Disrimination) At 2000 (equality lauses) Setion 36 of the Employment (Sex Disrimination) At 2000 (sex disrimination in employment) Setion 20 of the Minimum Wage At 2001 (detriment in relation to minimum wage) Setion 25 of this At (unauthorised dedutions) Setion 29 of this At (induements relating to union membership or ativities) Setion 30 of this At (induements relating to olletive bargaining) Setion 71 of this At (detriment in employment) Setion 133 of this At (unfair dismissal) SCHEDULE 2 RIGHTS OF EMPLOYEE IN PERIOD OF NOTICE Setion 107 P1996/18/87; 1991/19/37 Preliminary 1. In this Shedule the period of notie means the period of notie required by setion 106 (1) or (2) (minimum period of notie), as the ase may be. Employments for whih there are normal working hours P1996/18/88 2. (1) If an employee has normal working hours under the ontrat of employment in fore during the period of notie, and if during any part of those normal working hours () the employee is ready and willing to work but no work is provided for him or her by his or her employer; or the employee is inapable of work beause of sikness or injury; or the employee is absent from work wholly or partly beause of pregnany or hildbirth or on adoption leave, parental leave or paternity leave, or AT 21 of 2006 Page 155

Shedule 2 Employment At 2006 (d) the employee is absent from work in aordane with the terms of his or her employment relating to holidays, then the employer is liable to pay the employee for the part of normal working hours overed by paragraphs to (d) a sum not less than the amount of remuneration for that part of normal working hours alulated at the average hourly rate of remuneration produed by dividing a week s pay by the number of normal working hours. (2) Any payments made to the employee by his or her employer in respet of the relevant part of the period of notie whether by way of sik pay, maternity pay, paternity pay, adoption pay, parental leave pay, holiday pay or otherwise, shall go towards meeting the employer s liability under this paragraph. (3) Where notie was given by the employee, the employer s liability under this paragraph does not arise unless and until the employee leaves the servie of the employer in pursuane of the notie. Employments for whih there are no normal working hours P1996/18/89 3. (1) If an employee does not have normal working hours under the ontrat of employment in fore in the period of notie the employer is liable to pay the employee for eah week of the period of notie a sum not less than a week s pay. (2) Subjet to sub-paragraph (3), the employer s obligation under this paragraph is onditional on the employee being ready and willing to do work of a reasonable nature and amount to earn a week s pay. (3) Sub-paragraph (2) does not apply () in respet of any period during whih the employee is inapable of work beause of sikness or injury, in respet of any period during whih the employee is absent from work wholly or partly beause of pregnany or hildbirth, or on adoption leave, parental leave or paternity leave, or in respet of any period during whih the employee is absent from work in aordane with the terms of his or her employment relating to holidays. (4) Any payment made to an employee by his or her employer in respet of a period within sub-paragraph (3), whether by way of sik pay, maternity pay, paternity pay, adoption pay, parental leave pay, holiday pay or otherwise, shall be taken into aount for the purposes of this paragraph as if it were remuneration paid by the employer in respet of that period. (5) Where the notie was given by the employee, the employer s liability under this paragraph does not arise unless and until the employee leaves the servie of the employer in pursuane of the notie. Page 156 AT 21 of 2006

Employment At 2006 Shedule 2 P1996/18/90 Sikness or industrial injury benefit 4. (1) This paragraph has effet where the arrangements in fore relating to the employment are suh that payments by way of sik pay are made by the employer to employees to whom the arrangements apply, in ases where any suh employees are inapable of work beause of sikness or injury, and in alulating any payment so made to any suh employee an amount representing, or treated as representing, short-term inapaity benefit or industrial injury benefit is taken into aount, whether by way of dedution or by way of alulating the payment as a supplement to that amount. (2) If during any part of the period of notie the employee is inapable of work beause of sikness or injury, and one or more payments, by way of sik pay are made to him or her by the employer in respet of that part of the period of notie, and in alulating any suh payment suh an amount as is referred to in sub-paragraph (1) is taken into aount as therein mentioned, then for the purposes of this Shedule the amount so taken into aount shall be treated as having been paid by the employer to the employee by way of sik pay in respet of that part of that period, and shall go towards meeting the liability of the employer under paragraph 2 or paragraph 3 aordingly. P1996/18/91 Absene on leave granted at request of employee 5. The employer is not liable under the foregoing provisions of this Shedule to make any payment in respet of a period during whih the employee is absent from work with the leave of the employer granted at the request of the employee (inluding any period of time off taken in aordane with setions 35, 37, 39, 41, 43 and 45. P1996/18/91 Notie given before a strike 6. No payment shall be due under this Shedule in onsequene of a notie to terminate a ontrat given by an employee if, after the notie is given and on or before the termination of the ontrat, the employee takes part in a strike of employees of the employer. Termination of employment during period of notie 7. (1) If, during the period of notie, the employer breaks the ontrat of employment, payments reeived under this Shedule in respet of the part of the AT 21 of 2006 Page 157

Shedule 3 Employment At 2006 period after the breah shall go towards mitigating the damages reoverable by the employee for loss of earnings in that part of the period of notie. (2) If, during the period of notie, the employee breaks the ontrat and the employer rightfully treats the breah as terminating the ontrat, no payment is due to the employee under this Shedule in respet of the part of the period of notie falling after the termination of the ontrat. SCHEDULE 3 THE EMPLOYMENT TRIBUNAL Setion 156 PART I - CONSTITUTION OF TRIBUNAL 1. (1) There shall be appointed in aordane with the Tribunals At 2006 () a person to at as hairperson of the Tribunal; a panel of persons to at as deputy hairpersons of the Tribunal; 2 panels of persons to at as members of the Tribunal, one panel onsisting of persons appointed after onsultation with suh organisation or organisations as appear to the Appointments Commission to be representative of employers, and the other panel onsisting of persons appointed after onsultation with suh organisation or organisations as appear to the Appointments Commission to be representative of employees. 2. (1) Subjet to sub-paragraphs (2) and (3), the Tribunal shall onsist of the hairperson of the Tribunal, and 2 other members, one from eah of the panels referred to in paragraph 1(1)() hosen by the hairperson. (2) If the hairperson of the Tribunal is absent or unable to at, his or her plae shall be taken, and any of his or her funtions may be exerised, by a deputy hairperson, hosen by the hairperson. (3) If one of the other members of the Tribunal is absent or unable to at, his or her plae shall be taken by another member, hosen by the hairperson of the Tribunal, of the panel from whih that member was drawn. (4) Exept where the rules otherwise provide, where the Tribunal has begun to hear any omplaint or other matter, it may not, without the onsent of the parties, ontinue to do so unless it omprises at least 2 of the members who began to hear the matter. Page 158 AT 21 of 2006

Employment At 2006 Shedule 3 PART II PROCEEDINGS OF TRIBUNAL Rules as to Tribunal proedure 1. (1) The Department may by rules (in this Shedule referred to as the rules ) make suh provision as appears to it to be neessary or expedient with respet to proeedings before the Tribunal. (2) Without prejudie to the generality of sub-paragraph (1), the rules may in partiular inlude provision () (d) (e) (f) (g) (h) (i) for treating the Department or the DSC (either generally or in suh irumstanes as may be presribed by the rules) as a party to any proeedings before the Tribunal, where it would not otherwise be a party to them, and entitling it to appear and to be heard aordingly; 49 for requiring persons to attend to give evidene and produe douments, and for authorising the administration of oaths to witnesses; for enabling the Tribunal, on the appliation of any party to proeedings before it or of its own motion, to order suh disovery or inspetion of douments, or the furnishing of suh further partiulars, as might be ordered by the High Court on an appliation by a party to proeedings before it; for the determination of any matter before the Tribunal by a hearing on a preliminary point; for presribing the proedure to be followed on any omplaint before the Tribunal, inluding provisions as to the persons entitled to appear and to be heard on behalf of parties to suh proeedings, and provisions for enabling the Tribunal to review its deisions, and revoke or vary its orders and awards, in suh irumstanes as may be determined in aordane with the rules; for the award of osts; for taxing or otherwise settling any suh osts (and in partiular for enabling suh osts to be taxed in the High Court); for the registration of appliations to the Tribunal and the registration and proof of deisions, orders and awards made by it; and for the terms of an award made in a ase mentioned in setion 168(1) (death of employee or employer), and for the enforement of suh an award. (3) In relation to proeedings under setion 133 (omplaints to tribunal: unfair dismissal), where the proeedings arise out of the employer s failure to permit the employee to return to work after an absene due to pregnany or hildbirth, the rules shall inlude provision for requiring the employer to pay the osts or expenses of AT 21 of 2006 Page 159

Shedule 3 Employment At 2006 any postponement or adjournment of the hearing aused by his or her failure, without a speial reason, to addue reasonable evidene as to the availability of the job whih the employee held before her absene, or of suitable employment. (4) The rules may inlude provision authorising the Tribunal to restrit the registration and reporting of appliations, proeedings, deisions, orders or awards in appropriate ases. (5) The rules may inlude provision authorising or requiring the Tribunal, in irumstanes speified in the rules, to send notie or a opy of any doument so speified relating to any proeedings before the Tribunal, or of any deision, order or award of the Tribunal, to any Department or other person or body so speified. (6) The rules may inlude provision enabling the hairperson of the Tribunal sitting alone to hear and determine any omplaint under setion 25 (omplaints to tribunal: dedutions from wages) or 152 (omplaints to tribunal: insolveny, et.), or any other omplaint (i) (ii) with the onsent of the parties, or if it appears to the hairperson that the omplainant does not intend to pursue the omplaint, or that the respondent does not intend to ontest the omplaint, or (where there are 2 or more respondents) that none of them intends to ontest the omplaint. (7) Any person who without reasonable exuse fails to omply with any requirement imposed by the rules by virtue of sub-paragraph (2), (2)() or restrition imposed by sub-paragraph (4) shall be guilty of an offene and liable on summary onvition to a fine not exeeding 5,000. (8) Where an offene under sub-paragraph (7) is ommitted by a body orporate and is proved to have been ommitted with the onsent or onnivane of, or to be attributable to any neglet on the part of, any diretor, manager, seretary or other similar offier of the body orporate, he or she, as well as the body orporate, shall be guilty of that offene and liable to be proeeded against and punished aordingly. (9) Where the affairs of a body orporate are managed by its members, subparagraph (8) shall apply in relation to the ats and defaults of a member in onnetion with his or her funtions of management as if he or she were a diretor of the body orporate. Pre-hearing reviews 2. (1) The rules may inlude provision for authorising a preliminary onsideration of proeedings, before the Tribunal (a pre-hearing review ) to be arried out by suh person as may be determined by or in aordane with the rules, Page 160 AT 21 of 2006

Employment At 2006 Shedule 3 or (if so determined in aordane with the rules) by the Tribunal itself, and for enabling suh powers to be exerised in onnetion with a prehearing review as may be presribed by the rules. (2) The rules may in partiular inlude provision for authorising any person or the Tribunal arrying out a prehearing review under the rules to make, in irumstanes speified in the rules, an order requiring a party to the proeedings, if he or she wishes to ontinue to partiipate in the proeedings, to pay a deposit of an amount not exeeding suh sum as may be presribed by the rules; for presribing (i) (ii) (iii) the manner in whih the amount of any suh deposit is to be determined in any partiular ase; the onsequenes of non-payment of any suh deposit; and the irumstanes in whih any suh deposit, or any part of it, may be refunded to the party who paid it, or be paid over to another party to the proeedings. (3) In relation to a omplaint under setion 69 (detriment: proteted industrial ation) or setion 133 (unfair dismissal: omplaints to tribunal) that a dismissal was unfair by virtue of setion 124 (dismissal: proteted industrial ation) or setion 130 (dismissal: seletive dismissal or re-engagement) the rules may make provision about the withdrawal and adjournment of appliations (inluding provision for the extension of time within whih to make a fresh appliation, an appliation having one been withdrawn in speified irumstanes), and the rules may make provision requiring a pre-hearing review to be arried out in speified irumstanes. National seurity 3. (1) If on a omplaint made under setion 29 (induements: trade union membership, et.), 30 (induements: olletive bargaining), 67 (detriment: trade union membership or ativities) or 115 (unfair dismissal: health and safety) of this At or under setion 28 of the Employment (Sex Disrimination) At 2000 (ats safeguarding national seurity), it is shown that the ation omplained of was taken for the purpose of safeguarding national seurity the Tribunal shall dismiss the omplaint. (2) The rules may make provision about the omposition of the Tribunal (inluding provision disapplying or modifying Part I paragraph 1 of this Shedule) for the purposes of proeedings in relation to whih a diretion is given under subparagraph (3). AT 21 of 2006 Page 161

Shedule 3 Employment At 2006 (3) A diretion may be given under this sub-paragraph by the Chief Minister if it relates to partiular Crown employment proeedings, and the Chief Minister onsiders it expedient in the interests of national seurity. (4) The rules may make provision enabling the Chief Minister, if he or she onsiders it expedient in the interests of national seurity () (d) (e) to diret the Tribunal to sit in private for all or part of partiular Crown employment proeedings; to diret the Tribunal to exlude the appliant from all or part of partiular Crown employment proeedings; to diret the Tribunal to exlude the appliant s representatives from all or part of partiular Crown employment proeedings; to diret the Tribunal to take steps to oneal the identity of a partiular witness in partiular Crown employment proeedings; to diret the Tribunal to take steps to keep seret all or part of the reasons for its deision in partiular Crown employment proeedings. (5) The rules may enable the Tribunal, if it onsiders it expedient in the interests of national seurity, to do in relation to partiular proeedings before it anything of a kind whih the Tribunal an be required to do by diretion under subparagraphs (4) to (e) in relation to partiular Crown employment proeedings. (6) In relation to ases where a person has been exluded by virtue of subparagraphs (4) or () or (5), the rules may make provision () for the appointment by the Attorney General of a person to represent the interests of the appliant; about the publiation and registration of reasons for the Tribunal s deision; permitting an exluded person to make a statement to the Tribunal before the ommenement of the proeedings, or the part of the proeedings, from whih he or she is exluded. (7) Proeedings are Crown employment proeedings for the purposes of this paragraph if the employment to whih the omplaint relates is Crown employment, or is onneted with the performane of funtions on behalf of the Crown. Confidential information 4. (1) The rules may enable the Tribunal to sit in private for the purpose of hearing evidene from any person whih in the opinion of the Tribunal is likely to onsist of Page 162 AT 21 of 2006

Employment At 2006 Shedule 3 () information whih he or she ould not dislose without ontravening a prohibition imposed by or by virtue of any enatment, information whih has been ommuniated to him or her in onfidene or whih he or she has otherwise obtained in onsequene of the onfidene reposed in him or her by another person, or information the dislosure of whih would, for reasons other than its effet on negotiations with respet to any of the matters mentioned in the definition of trade dispute in setion 173 (general interpretation (matters to whih trade disputes relate) ause substantial injury to any undertaking of that person or in whih that person works. Restrition of publiity in ases involving national seurity 5. (1) This paragraph applies where the Tribunal has been direted under paragraph 3(4) or has determined under paragraph 3(5) to take steps to oneal the identity of a partiular witness, or to take steps to keep seret all or part of the reasons for its deision. (2) It is an offene to publish anything likely to lead to the identifiation of the witness, or the reasons for the Tribunal s deision or the part of its reasons whih it has been direted or has itself determined to keep seret. (3) A person guilty of an offene under this paragraph is liable on summary onvition to a fine not exeeding 5,000. (4) Where a person is harged with an offene under this paragraph it is a defene to prove that at the time of the alleged offene he or she was not aware, and neither suspeted nor had reason to suspet, that the publiation in question was of, or inluded, the matter in question. (5) Where an offene under this paragraph ommitted by a body orporate is proved to have been ommitted with the onsent or onnivane of, or to be attributable to any neglet on the part of a diretor, manager, seretary or other similar offier of the body orporate, or a person purporting to at in any suh apaity, that person as well as the body orporate is guilty of the offene and liable to be proeeded against and punished aordingly. (6) Where the affairs of a body orporate are managed by its members, subparagraph (5) shall apply in relation to the ats and defaults of a member in AT 21 of 2006 Page 163

Shedule 3 Employment At 2006 onnetion with his or her funtions of management as if he or she were a diretor of the body orporate. (7) A referene in this paragraph to publiation inludes a referene to inlusion in a programme whih is inluded in a programme servie, within the meaning of the Broadasting At 1993. P1996/18/202 Restritions on dislosure of information 6. (1) Where in the opinion of the Chief Minister the dislosure of any information would be ontrary to the interests of national seurity nothing in any of the provisions to whih this paragraph applies requires any person to dislose the information, and no person shall dislose the information in any ourt or tribunal relating to any of those provisions. (2) This paragraph applies to Part II (rights during employment), so far as it relates to employment partiulars, in Part III (rights arising in ourse of employment), setions 43 (time off for ante-natal are) and 44 (omplaints to tribunal), () (d) (e) (f) (g) in Part V (detriment), setions 61 (health and safety), 62 (annual leave and other working time ases), 65 (leave for family and domesti reasons), and setions 71 (omplaints to tribunal) and 72 (remedies) so far as relating to those setions, in Part VI (suspension from work on maternity grounds), setions 74 to 76, (rights in respet of suspension from work on maternity grounds) and setions 77 and 78 so far as relating to those setions, Part VII (leave for family and domesti reasons), in Part IX (termination of employment), setion 110 (right to written statement of reasons for dismissal), Part X (unfair dismissal) so far as relating to a dismissal whih is treated as unfair (i) (ii) by setion 114 (leave for family reasons) or 115 (health and safety); by setion 128(1) (dismissal on ground of redundany) by reason of the appliation of subsetion (2) (health and safety); (h) Part XIII (misellaneous and supplemental) and Shedule 5 (ontinuous employment) (so far as relating to any of the provisions in paragraphs to (g). Page 164 AT 21 of 2006

Employment At 2006 Shedule 3 Exlusion of Arbitration At 1976 7. The Arbitration At 1976 does not apply to any proeedings before the Tribunal. Coniliation 8. (1) This paragraph applies to any proeedings before the Tribunal on a omplaint to whih setion 157(oniliation) applies. (2) Where an industrial relations offier, in aordane with the rules, ertifies to the Tribunal that he or she has (whether before or after the ommenement of the proeedings) brought about a settlement of the question to whih the proeedings relate, the proeedings shall be stayed, and may not ontinue without the leave of the Tribunal. (3) The rules shall inlude provision () for requiring a opy of any suh omplaint, and a opy of any other doument relating thereto whih is presribed by the rules, to be sent to an industrial relations offier; for seuring that the parties to the proeedings are notified that the servies of an industrial relations offier are available to them; and for postponing the hearing and any pre-hearing review for suh time as may be determined in aordane with the rules for the purpose of giving an opportunity for the omplaint to be settled by way of oniliation and withdrawn. Right of appearane 9. Any person may appear before the Tribunal in person or be represented by an advoate or by a representative of a trade union or an employers assoiation or by any other person whom he or she desires to represent him or her. Expenses 10. (1) The Department may, with the approval of the Treasury, make arrangements for the payment of sums in respet of loss of earnings and travelling expenses to persons who are parties to or witnesses in proeedings before the Tribunal. (2) Arrangements under sub-paragraph (1) may be limited to suh lass or desription of proeedings, and to persons falling within that sub-paragraph who satisfy suh onditions, as appear to the Department to be appropriate. Interest on sums awarded 11. (1) The Department may by order provide that sums payable in pursuane of deisions of the Tribunal shall arry interest at suh rate and between suh times as may be presribed by the order. AT 21 of 2006 Page 165

Shedule 4 Employment At 2006 (2) Any interest due by virtue of suh an order shall be reoverable as a sum payable in pursuane of the deision. (3) The power onferred by sub-paragraph (1) inludes power () (d) (e) (f) to speify ases or irumstanes in whih interest shall not be payable; to provide that interest shall be payable only on sums exeeding a speified amount or falling between speified amounts; to make provision for the manner in whih and the periods by referene to whih interest is to be alulated and paid; to provide that any enatment shall or shall not apply in relation to interest payable by virtue of an order under sub-paragraph (1) or shall apply to it with suh modifiations as may be speified in the order; to make provision for ases where sums are payable in pursuane of deisions or awards made on appeal from the Tribunal; to make suh inidental or supplemental provision as the Department onsiders neessary. (4) Without prejudie to the generality of sub-paragraph (3), an order under sub-paragraph (1) may provide that the rate of interest shall be the rate from time to time speified or presribed under setion 9 of the Administration of Justie At 1981 as that enatment has effet from time to time. SCHEDULE 4 TREATMENT OF SPECIAL CATEGORIES OF WORKER Setion 163(2) Work outside the Island 1. Exept for the provisions of Part XI (insolveny and essation of business of employer), the provisions of this At do not apply where the worker is engaged in work wholly or mainly outside the Island unless the worker is a person to whom paragraph 2 applies. 2. (1) This paragraph applies to Seafarers a person employed as a seafarer on a Manx ship (inluding a person ordinarily employed as a seafarer who is employed in or about suh a vessel in port by the owner or harterer of the ship to do work of a kind ordinarily done by a seafarer on suh a ship while it is in port); Page 166 AT 21 of 2006

Employment At 2006 Shedule 4 a person employed as a skipper of or a seafarer on a Manx fishing vessel. (2) Exept as provided by sub-paragraphs (3) to (7), Parts I to XI do not apply to a person desribed in sub-paragraph (1) or. (3) The provisions mentioned in sub-paragraph (4) apply to a person desribed in sub-paragraph (1) if and only if () the vessel is a Manx ship whose entry in the register speifies a port in the Isle of Man as the port to whih the Manx ship is to be treated as belonging; and under his or her ontrat of employment the person employed does not work wholly outside the Island; and the person employed is ordinarily resident in the Island. (4) The provisions are Part I (disrimination at reruitment on trade union grounds); Part II (rights during employment) in so far as it applies to itemised pay statements; Part III (rights arising in ourse of employment) exept setions 39 to 42; Part IV (proteted dislosures); Part V (detriment) exept setion 68; Part VI (suspension from work on maternity grounds); Part VII (leave for family and domesti reasons); Part IX setion 110 (right to written statement of reasons for dismissal); Part X (unfair dismissal) exept setions 123 and 128(10); and Part XI (insolveny and essation of business of employer). (5) In addition to those rights set out in sub-paragraph (4), Part II (rights during employment) in so far as it applies to written partiulars of terms of employment and setions 106 to 107 (rights of employer and employee to a minimum period of notie et) apply to a person desribed in sub-paragraph (1), meeting the onditions in sub-paragraph (3) who is a master of a Manx ship. (6) The provisions set out in sub-paragraphs (4) and (5) apply to a person desribed in sub-paragraph (1) who is ordinarily resident in the Island, unless he or she is remunerated only by a share in the profits or gross earnings of the vessel. (7) Setions 61 (detriment: health and safety) and 64 (detriment: proteted dislosures) apply to a person desribed in sub-paragraph (1) who is ordinarily resident in the Island, and who is remunerated only by a share in the profits or gross earnings of the vessel. (8) In this paragraph AT 21 of 2006 Page 167

Shedule 4 Employment At 2006 Manx fishing vessel means a fishing vessel registered in the Island under Part III of the Merhant Shipping Registration At 1991; Manx ship means a ship registered in the Island under Part I of the Merhant Shipping Registration At 1991; and seafarer means any person, inluding the master, who is employed or engaged in any apaity on board a ship, on the business of the ship, but does not inlude persons who are training in a sail training vessel or persons who are not engaged in the navigation of, or have no emergeny safety responsibilities on suh a vessel. 3. The following provisions Crown employment Setion 106 (minimum period of notie); Setion 107 (rights of employee in period of notie); and Part XI (insolveny and essation of business of employer); do not apply to a person in Crown employment, other than a person in polie servie (within the meaning of paragraph 4). 4. (1) The following provisions Polie servie Part I (disrimination at reruitment on trade union grounds); Part II setions 14 to 16 (right to itemised pay statement) and 17 to 19 (referenes to tribunal, et. as they apply to that right); Part III setions 29 to 34 (induements), 35 to 48 (time off work); Part V (detriment) setions 62 (annual leave and other working time ases), 63 (trustees of oupational pension shemes) and 65 to 70 (detriment: other grounds); Part VI (suspension from work on maternity grounds); Part VII (leave for family and domesti reasons); Part VIII (disiplinary and grievane hearings); Part IX setion 110 (written statement of reasons for dismissal); Part X (unfair dismissal) (exept suh of those provisions whih relate to the right not to be unfairly dismissed in a ase where dismissal is unfair by virtue of setion 115 (health and safety ases), 118 (proteted dislosures) or 121 (the minimum wage)); do not apply in relation to employment under a ontrat of employment in polie servie or to persons engaged in suh employment. (2) In this paragraph polie servie means servie Page 168 AT 21 of 2006

Employment At 2006 Shedule 5 as a member of the Isle of Man Constabulary; or in any other apaity by virtue of whih a person has the powers or privileges of a onstable. Short term employment 5. Setions 8 to 13 do not apply to an employee if his or her employment ontinues for less than 4 weeks. SCHEDULE 5 COMPUTATION OF PERIOD OF EMPLOYMENT Setion 169 P1996/18/210 General rules 1. (1) Referenes in any provision of this At to a period of ontinuous employment are, (exept where provision is expressly made to the ontrary) to a period omputed in aordane with this Shedule and in any suh provision whih refers to a period of ontinuous employment expressed in months or years, a month means a alendar month and a year means a year of 12 alendar months. (2) In omputing an employee s period of ontinuous employment any question arising as to whether the employee s employment is of a kind ounting towards a period of ontinuous employment, or whether periods onseutive or otherwise) are to be treated as forming a single period of ontinuous employment, shall be determined week by week but where it is neessary to ompute the length of an employee s period of employment it shall be omputed in months and years of 12 months in aordane with the following rules. (3) Subjet to the following provisions of this Shedule, an employee s period of ontinuous employment for the purposes of any provision of the Redundany Payments At 1990 and this At begins with the day on whih he or she starts work and ends with the day by referene to whih the length of the employee s period of ontinuous employment falls to be asertained for the purposes of the provision in question. 1 (4) If any employee s period of ontinuous employment inludes one or more periods whih, by virtue of any provision of this Shedule, do not ount in omputing the length of the period but do not break ontinuity (in this Shedule referred to as an intervening period ), in eah of paragraphs 6, 7 and 13 the beginning of that period shall be treated as postponed by the number of days falling within that 1 P1996/18/211 AT 21 of 2006 Page 169

Shedule 5 Employment At 2006 intervening period or, as the ase may be, by the aggregate number of days falling within those intervening periods. 2. (1) Exept so far as otherwise provided by the following provisions of this Shedule, a week whih does not ount under paragraphs 3 to 5 breaks the ontinuity of the period of employment. 2 (2) A person s employment during any period shall, unless the ontrary is shown, be presumed to have been ontinuous. P1996/18/212(1) Employment governed by ontrat 3. Any week during the whole or part of whih the employee s relations with the employer are governed by a ontrat of employment ounts in omputing a period of employment. Periods in whih there is no ontrat of employment P1996/18/212(3) 4. (1) Subjet to sub-paragraph (2), any week (not falling within paragraph 3) during whih the employee is, for the whole or part of the week () inapable of work in onsequene of sikness or injury, or absent from work on aount of a temporary essation of work, or absent from work in irumstanes suh that, by arrangement or ustom, he or she is regarded as ontinuing in the employment of his or her employer for all or any purposes, ounts in omputing the employee s period of employment. (2) Not more than 26 weeks ount under sub-paragraph (1) between any periods falling under paragraph 3. 3 Termination of ontrat on inadequate notie, et. 5. In asertaining, for the purposes of setion 132(1) (qualifying period and upper age limit) and setion 142(2) (alulation of basi award), the period for whih an employee has been ontinuously employed, where by virtue of setion 112(5) or (6) (dismissal on inadequate notie, et.), as the ase may be, a date is treated as the effetive date of termination whih is later than the effetive date of termination as defined by setion 112(4), the period of the interval between those two dates shall ount as a period of employment notwithstanding that it does not otherwise ount under this Shedule. 2 P1996/18/210(5) 3 P1996/18/212(4) Page 170 AT 21 of 2006

Employment At 2006 Shedule 5 P1996/18/216 Industrial disputes 6. (1) A week does not ount under paragraph 3 or 4 if in that week, or any part of that week, the employee takes part in a strike. (2) The ontinuity of an employee s period of employment is not broken by a week whih does not ount under this Shedule, and whih begins after 30 September 1982 if in that week, or any part of that week, the employee takes part in a strike. (3) Sub-paragraph (2) applies whether or not the week would, apart from sub-paragraph (1), have ounted under this Shedule. (4) The ontinuity of the period of employment is not broken by a week whih begins after 30 September 1982 and whih does not ount under this Shedule, if in that week, or any part of that week, the employee is absent from work beause of a lok-out by the employer. (5) For the purposes of paragraph 1(4) (treatment of intervening period), the number of days between the last working day before the strike or lok-out and the day on whih work was resumed do not ount in omputing the employee s period of employment but do not break ontinuity and that period shall be treated as postponed by the number of days falling within the intervening period or, as the ase may be, by the aggregate number of days falling within those intervening periods. (6) For the purposes of sub-paragraph (5) lok-out means () the losing of a plae of employment, the suspension of work, or the refusal of an employer to ontinue to employ any number of persons employed by him or her in onsequene of a dispute, done with a view to ompelling persons employed by the employer, or to aid another employer in ompelling persons employed by him or her, to aept terms or onditions of or affeting employment. Reinstatement after servie with the armed fores, et. 7. (1) If a person who is entitled to apply to his or her former employer under the Reserve Fores (Safeguard of Employment) At 1985 (as that At of Parliament has effet in the Island), enters the employment of that employer not later than the end of the 6 month period mentioned in setion 1(4) of that At, his or her period of servie in the armed fores of the Crown in the irumstanes speified in setion 1(1) of that At does not breah his or her ontinuity of employment. (2) For the purposes of paragraph 1(4) (treatment of intervening period), the number of days between the employee s last day of the previous period of employment with the employer (or, if there was more than one suh period, the last of them) and the first day of the period of employment beginning in the 6 month period do not ount in omputing the employee s period of employment but do not break ontinuity AT 21 of 2006 Page 171

Shedule 5 Employment At 2006 and that period shall be treated as postponed by the number of days falling within the intervening period or, as the ase may be, by the aggregate of the number of days falling within those intervening periods shall onstitute the intervening period. Change of employer 8. (1) Subjet to this paragraph and paragraphs 9 and 10, the foregoing provisions of this Shedule relate only to employment by the one employer. (2) If a trade or business or an undertaking (whether or not it be an undertaking established by or under any enatment) is transferred from one person to another, the period of employment of an employee in the trade or business or undertaking at the time of the transfer ounts as a period of employment with the transferee, and the transfer does not break the ontinuity of the period of employment. (3) If by or under any enatment, whether passed before or after this At, a ontrat of employment between any body orporate and an employee is modified and some other body orporate is substituted as the employer, the employee s period of employment at the time when the modifiation takes effet ounts as a period of employment with the seond-mentioned body orporate, and the hange of employer shall not break the ontinuity of the period of employment. (4) If on the death of an employer the employee is taken into the employment of the personal representatives or trustees of the deeased, the employee s period of employment at the time of the death ounts as a period of employment with the employer s personal representatives or trustees, and the death shall not break the ontinuity of the period of employment. (5) If there is a hange in the partners, personal representatives or trustees who employ any person, the employee s period of employment at the time of the hange ounts as a period of employment with the partners, personal representatives or trustees after the hange, and the hange does not break the ontinuity of the period of employment. 9. If an employee of an employer is taken into the employment of another employer who, at the time when the employee enters his or her employment is an assoiated employer of the first-mentioned employer, the employee s period of employment at that time ounts as a period of employment with the seond-mentioned employer and the hange of employer shall not break the ontinuity of the period of employment. 10. (1) If an employee of one of the employers desribed in sub-paragraph (2) is taken into the employment of another of those employers, his or her period of employment at the time of the hange of employer ounts as a period of employment with the seond employer and the hange shall not break the ontinuity of the period of employment. (2) The employers referred to in sub-paragraph (1) are the Department of Eduation and Children; 50 Page 172 AT 21 of 2006

Employment At 2006 Shedule 5 () any body in whom funtions under the Eduation At 2001 are vested by an order under paragraph 2 of Shedule 7 to that At; and the managers and governors of the shools maintained by that Department, or any suh body. Crown employment 11. (1) Subjet to the following, the provisions of this Shedule shall have effet (for the purpose of omputing an employee s period of employment, but not for any other purpose) in relation to Crown employment and to persons in Crown employment as they have effet in relation to other employment and to other employees, and aordingly, exept where the ontext otherwise requires, referenes to an employer shall be onstrued as inluding a referene to the Crown. (2) The referene in paragraph 8(2) to an undertaking inludes a referene to any funtion of a Department, or Statutory Board or any other offier or body performing funtions on behalf of the Crown. P1996/18/214 Speial provision for redundany payments 12. (1) This paragraph applies where a period of ontinuous employment has to be determined in relation to an employee for the purposes of the appliation of setion 1 of the Redundany Payments At 1990 (general provisions as to rights to redundany payments) or Shedule 1 of that At (alulation of redundany payments). (2) The ontinuity of a period of employment is broken where a redundany payment has previously been paid to the employee (whether in respet of dismissal or in respet of lay-off or shorttime, and the ontrat of employment under whih the employee was employed was renewed (whether by the same or another employer) or the employee was re-engaged under a new ontrat of employment (whether by the same or another employer). (3) The ontinuity of a period of employment is also broken where a payment has been made to the employee (whether in respet of the termination of his or her employment or lay-off or short-time) in aordane with a sheme under setion 1 of the Superannuation At 1984 or arrangements falling within setion 29(3) of the Redundany Payments At 1990 (payments equivalent to redundany rebates in respet of ivil servants, et.), and the employee ommened new, or renewed, employment. (4) The date on whih the person s ontinuity of employment is broken by virtue of this paragraph AT 21 of 2006 Page 173

Shedule 5 Employment At 2006 if the employment was under a ontrat of employment, is the date whih was the relevant date in relation to the payment mentioned in sub-paragraph (2) or (3), and if the employment was otherwise than under a ontrat of employment, is the date whih would have been the relevant date in relation to the payment mentioned in sub-paragraph (2) or (3) had the employment been under a ontrat of employment. (5) For the purposes of this paragraph a redundany payment shall be treated as having been paid if () the whole of the payment has been paid to the employee by the employer, the Tribunal has determined liability and found that the employer must pay part (but not all) of the redundany payment and the employer has paid that part, or the DSC has paid a sum to the employee in respet of the redundany payment under setion 25 of the Redundany Payments At 1990 (payments out of fund to employees). 51 (6) In this paragraph relevant date has the meaning given to it in setion 7(1) of the Redundany Payments At 1990. Employment abroad et P1996/18/215; 1991/19/Sh 7 para 1(2) 13. (1) This Shedule applies to a period of employment (subjet to the following provisions of this paragraph) even where during the period the employee was engaged in work wholly or mainly outside the Island, and even where the employee was exluded by or under this At from any right onferred by this At. (2) For the purposes of setion 1(1) of the Redundany Payments At 1990 (general provisions as to rights to redundany payments) and Shedule 1 of that At (alulation of redundany payments), a week of employment does not ount in omputing a period of employment if the employee was employed outside the Island during the whole or part of the week, and was not during that week an employed earner for the purposes of the Soial Seurity Contributions and Benefits At 1992 (as that At of Parliament has effet in the Island), in respet of whom a seondary Class 1 ontribution was payable under that At (whether or not the ontribution was in fat paid). (3) Where by virtue of sub-paragraph (2) a week of employment does not ount in omputing a period of employment, the ontinuity of the period is not broken by reason only that the week does not ount in omputing the period; and the number Page 174 AT 21 of 2006

Employment At 2006 Shedule 5 of days whih, for the purposes of paragraph 1(4) (period of ontinuous employment), fall within the intervening period is 7 for eah week within this sub-paragraph. (4) Any question arising under sub-paragraph (2) whether a person was an employed earner for the purposes of the Soial Seurity Contributions and Benefits At 1992, or if so, whether a seondary Class 1 ontribution was payable in respet of him or her under that At, shall be determined by a ontributions deision-maker. (5) Chapter II of Part 1 of the Soial Seurity At 1998 (deisions and appeals) (as that At of Parliament has effet in the Island) shall apply in relation to the determination of any issue by a ontributions deision-maker under subparagraph (4) as if it were a deision falling within setion 7A(1) of that At (as it has effet in the Island). (6) Sub-paragraph (2) does not apply in relation to a person who is employed as a seafarer in a Manx ship (as suh terms are defined in paragraph 2(8) of Shedule 4), and is ordinarily resident in the Island. (7) For the purposes of sub-paragraphs (4) and (5), a ontributions deision-maker means a ontributions deision-maker appointed by the DSC under setion 1A of the Soial Seurity At 1998 (as that At of Parliament has effet in the Island). 52 Continuity of employment where employee re-employed 14. (1) This paragraph applies to any ation taken in relation to the dismissal of an employee whih onsists of the presentation by the employee of a relevant omplaint of dismissal, or any ation taken by an industrial relations offier under setion 157 oniliation. (2) In sub-paragraph (1) relevant omplaint of dismissal means a omplaint under setion 133 of this At, a omplaint under setion 36 of the Employment (Sex Disrimination) At 2000, or () a omplaint under setion 9 of the Shops At 2000 (as it applies Part X of this At). (3) If in onsequene of any ation to whih this paragraph applies a dismissed employee is reinstated or re-engaged by his or her employer or by a suessor or assoiated employer of the employer AT 21 of 2006 Page 175

Shedule 6 Employment At 2006 the ontinuity of that employee s period of employment shall be preserved, and the period beginning with the date on whih the dismissal takes effet and ending with the date of reinstatement or re-engagement shall ount in the omputation of the employee s period of ontinuous employment. Exlusion of operation of paragraph 12 where redundany or equivalent payment repaid 15. Paragraph 12 (ontinuity broken where employee re-employed after the making of a redundany payment or equivalent payment) shall not apply where (i) in onsequene of any ation to whih paragraph 14 applies a dismissed employee is reinstated or re-engaged by his or her employer or by a suessor or assoiated employer of the employer, (ii) (iii) the terms upon whih he or she is so reinstated or reengaged inlude provision for him or her to repay the amount of a redundany payment or an equivalent payment paid in respet of the relevant dismissal, and that provision is omplied with. For the purposes of this paragraph the ases in whih a redundany payment shall be treated as having been paid are the ases mentioned in paragraph 12(5). SCHEDULE 6 CALCULATION OF NORMAL WORKING HOURS AND A WEEK S PAY Setion 170 P1996/18/220 Introdutory 1. The amount of a week s pay of an employee shall be alulated for the purposes of this At in aordane with this Shedule. Normal working hours where there is entitlement to overtime 2. For the purposes of this Shedule the ases where there are normal working hours inlude ases where the employee is entitled to overtime pay when employed for more than a fixed number of hours in a week or other period, and, subjet to paragraph 3, in those ases that fixed number of hours shall be the normal working hours. 3. If in suh a ase Page 176 AT 21 of 2006

Employment At 2006 Shedule 6 the ontrat of employment fixes the number, or the minimum number, of hours of employment in the said week or other period (whether or not it also provides for the redution of that number or minimum in ertain irumstanes), and that number or minimum number of hours exeeds the number of hours without overtime, that number or minimum number of hours (and not the number of hours without overtime) shall be the normal working hours. P1996/18/221 Employments with normal working hours 4. (1) This paragraph and paragraphs 5 and 6 apply where there are normal working hours for the employee when employed under the ontrat of employment in fore on the alulation date. (2) Subjet to paragraph 5, if the employee s remuneration for employment in normal working hours (whether by the hour or week or other period) does not vary with the amount of work done in the period, the amount of a week s pay is the amount whih is payable by the employer under the ontrat of employment in fore on the alulation date if the employee works throughout his or her normal working hours in a week. (3) Subjet to paragraph 5, if the employee s remuneration for employment in normal working hours (whether by the hour or week or other period) does vary with the amount of work done in the period, the amount of a week s pay is the amount of remuneration for the number of normal working hours in a week alulated at the average hourly rate of remuneration payable by the employer to the employee in respet of the period of 12 weeks ending where the alulation date is the last day of a week, with that week, and otherwise, with the last omplete week before the alulation date. (4) In this paragraph referenes to remuneration varying with the amount of work done inludes remuneration whih may inlude any ommission or similar payment whih varies in amount. (5) This paragraph is subjet to paragraphs 10 and 11. P1996/18/222 Remuneration varying aording to time of work 5. (1) This paragraph applies if the employee is required under the ontrat of employment in fore on the alulation date to work during normal working hours on days of the week, or at times of the day, whih differ from week to week or over a longer period so that the remuneration payable for, or apportionable to, any week varies aording to the inidene of those days or times. AT 21 of 2006 Page 177

Shedule 6 Employment At 2006 (2) The amount of a week s pay is the amount of remuneration for the average number of weekly normal working hours at the average hourly rate of remuneration. (3) For the purposes of sub-paragraph (2) the average number of weekly hours is alulated by dividing by 12 the total number of the employee s normal working hours during the relevant period of 12 weeks, and the average hourly rate of remuneration is the average hourly rate of remuneration payable by the employer to the employee in respet of the relevant period of 12 weeks. (4) In sub-paragraph (3) the relevant period of 12 weeks means the period of 12 weeks ending where the alulation date is the last day of a week, with that week, and otherwise, with the last omplete week before the alulation date. (5) This paragraph is subjet to paragraphs 10 and 11. P1996/18/223 Supplementary 6. (1) For the purposes of paragraphs 4 and 5, in arriving at the average hourly rate of remuneration, only the hours when the employee was working, and the remuneration payable for, or apportionable to, those hours, shall be brought in. (2) If for any of the 12 weeks mentioned in paragraphs 4 and 5 no remuneration within sub-paragraph (1) was payable by the employer to the employee, aount shall be taken of remuneration in earlier weeks so as to bring up to 12 the number of weeks of whih aount is taken. (3) Where in arriving at the average hourly rate of remuneration, aount has to be taken of remuneration payable for, or apportionable to, work done in hours other than normal working hours, and the amount of that remuneration was greater than it would have been if the work had been done in normal working hours (or, in a ase within paragraph 3, in normal working hours falling within the number of hours without overtime), aount shall be taken of that remuneration as if the work had been done in suh hours and the amount of that remuneration had been redued aordingly. Page 178 AT 21 of 2006

Employment At 2006 Shedule 6 P1996/18/224 Employments with no normal working hours 7. (1) This paragraph applies where there are no normal working hours for the employee when employed under the ontrat of employment in fore on the alulation date. (2) The amount of a week s pay is the amount of the employee s average weekly remuneration in the period of 12 weeks ending where the alulation date is the last day of a week, with that week, and otherwise, with the last omplete week before the alulation date. (3) In arriving at the average weekly remuneration no aount shall be taken of a week in whih no remuneration was payable by the employer to the employee and remuneration in earlier weeks shall be brought in so as to bring up to 12 the number of weeks of whih aount is taken. (4) This paragraph is subjet to paragraphs 10 and 11. The alulation date for rights during employment P1996/18/225 8. (1) Where the alulation is for the purposes of setion 41 or 42 (time off to look for work), the alulation date is the day on whih the employer s notie was given. (2) Where the alulation is for the purposes of setion 43 (time off for antenatal are), the alulation date is the day of the appointment. (3) Where the alulation is for the purposes of setion 77 (suspension on maternity grounds) in the ase of an employee suspended on medial grounds, the alulation date is the day before that on whih the suspension begins, and in the ase of an employee suspended on maternity grounds, the alulation date is (i) (ii) where the day before that on whih the suspension begins falls during a period of ordinary or additional maternity leave, the day before the beginning of that period, otherwise, the day before that on whih the suspension begins. (4) Where the alulation is for the purposes of setion 102 (remedies: flexible working), the alulation date is the day on whih the appliation under setion 99 (statutory right to request flexible working) was made. AT 21 of 2006 Page 179

Shedule 6 Employment At 2006 P1996/18/226 The alulation date for rights on termination 9. (1) Where the alulation is for the purposes of paragraphs 2 and 3 of Shedule 2 (employment with and without normal working hours), the alulation date is the day immediately preeding the first day of the period of notie required by setion 106(1) or (2) (rights to notie). (2) Where the alulation is for the purposes of setion 110(8) (written statement of reasons for dismissal) or 139 (enforement of order and ompensation: unfair dismissal), the alulation date is if the dismissal was with notie, the date on whih the employer s notie was given, and otherwise, the effetive date of termination. (3) Where the alulation is for the purposes of setion 142 (unfair dismissal: basi award), the alulation date is if by virtue of subsetion (5) or (6) of setion 112 ( dismissal on inadequate notie, et.) a date later than the effetive date of termination as defined in subsetion (4) of that setion is to be treated for ertain purposes as the effetive date of termination, the effetive date of termination as so defined, and otherwise, the date speified in sub-paragraph (6). (4) Where the alulation is for the purposes of setion 8(2) of the Redundany Payments At 1990 (lay off and short time), the alulation date is the day immediately preeding the first of the 4, or 6, weeks referred to in setion 9(1) (rights to redundany payments by reason of lay off or short time) of that At. (5) Where the alulation is for the purposes of Shedule 1 of that At (alulation of redundany payments), the alulation date is if by virtue of setion 7(3) of that At (the relevant date where inadequate notie) a date is to be treated for ertain purposes as the relevant date whih is later than the relevant date as defined by the previous provisions of that setion, the relevant date as so defined, and otherwise, the date speified in sub-paragraph (6). (6) The date referred to in sub-paragraphs (3) and (5) is the date on whih notie would have been given had the ontrat been terminable by notie and been terminated by the employer giving suh notie as is required by setion 106 (minimum period of notie) to terminate the ontrat, and the notie expired on the effetive date of termination, or the relevant date, (whether or not those onditions were in fat fulfilled). Page 180 AT 21 of 2006

Employment At 2006 Shedule 6 P1996/18/227 Maximum amount of a week s pay 10. For the purpose of () (d) an award under setion 17(8)(ii) (failure to issue written partiulars), an award under setion 18(2) (tribunal s duties in ases other than setion 17), an award under setion 25(4)() (dedutions from wages et: omplaints to tribunal), an award under setion 42(4) (time off to look for work: omplaints), (e) an award of ompensation under setion 102 (flexible working ), (f) an award of ompensation under setion 104 (right to be aompanied: omplaints to tribunal), or (g) an award under setion 138(3) additional award of ompensation for unfair dismissal), or (h) (i) an award under setion 141(2) (basi award of ompensation for unfair dismissal), a redundany payment under setion 1 of the Redundany Payments At 1990 (general provisions as to right to redundany payment), the amount of a week s pay shall not exeed 420.00 or suh sum as may be presribed by order made by the Department. 53 P1996/18/228 New employments and other speial ases 11. (1) In any ase in whih the employee has not been employed for a suffiient period to enable a alulation to be made under the preeding provisions of this Shedule, the amount of a week s pay is the amount whih fairly represents a week s pay. (2) In determining that amount the Tribunal shall apply as nearly as may be suh of the preeding provisions of this Shedule as it onsiders appropriate, and may have regard to suh of the onsiderations speified in subparagraph (3) as it thinks fit. (3) The onsiderations referred to in sub-paragraph (2) are any remuneration reeived by the employee in respet of the employment in question, the amount offered to the employee as remuneration in respet of the employment in question, AT 21 of 2006 Page 181

Shedule 7 Employment At 2006 () (d) the remuneration reeived by other persons engaged in relevant omparable employment with the same employer, and the remuneration reeived by other persons engaged in relevant omparable employment with other employers. (4) The Department may by regulations provide that in ases presribed by the regulations the amount of a week s pay shall be alulated in suh manner as may be so presribed. P1996/18/229 Supplementary 12. (1) In arriving at an average hourly rate of remuneration, or average weekly remuneration, under this Shedule, aount shall be taken of work for a former employer within the period for whih the average is to be taken if, by virtue of Shedule 5 omputation of period of employment), a period of employment with the former employer ounts as part of the employee s ontinuous period of employment. (2) Where under this Shedule aount is to be taken of remuneration or other payments for a period whih does not oinide with the periods for whih the remuneration or other payments are alulated, the remuneration or other payments shall be apportioned in suh manner as may be just. SCHEDULE 7 TRANSITIONAL PROVISIONS AND SAVINGS Setion 176(1) General transitionals and savings 1. The substitution of this At for the provisions repealed or revoked by this At does not affet the ontinuity of the law. 2. (1) Anything done, or having effet as done, (inluding the making of any orders or regulations) under or for the purposes of any provision repealed or revoked by this At has effet as if done under or for the purposes of any orresponding provision of this At. (2) Sub-paragraph (1) does not apply to the making of any orders or regulations to the extent that they are reprodued in this At. 3. Any referene (express or implied) in this At or any other enatment, or in any instrument or doument, to a provision of this At is (so far as the ontext permits) to be read as (aording to the ontext) being or inluding in relation to times, Page 182 AT 21 of 2006

Employment At 2006 Shedule 7 irumstanes and purposes before the ommenement of this At a referene to the orresponding provision repealed or revoked by this At. 4. (1) Any referene (express or implied) in any enatment, or in any instrument or doument, to a provision repealed or revoked by this At is (so far as the ontext permits) to be read as (aording to the ontext) being or inluding in relation to times, irumstanes and purposes after the ommenement of this At a referene to the orresponding provision of this At. (2) In partiular, where a power onferred by an At is expressed to be exerisable in relation to enatments ontained in Ats passed before or in the same session as the At onferring the power, the power is also exerisable in relation to provisions of this At whih reprodue suh enatments. 5. Paragraphs 1 to 4 have effet in plae of setion 16 of the Interpretation At 1976 (but are without prejudie to any other provision of that At). Preservation of old transitionals and savings 6. (1) The repeal by this At of an enatment previously repealed subjet to savings (whether or not in the repealing enatment) does not affet the ontinued operation of those savings. (2) The repeal by this At of a saving made on the previous repeal of an enatment does not affet the operation of the saving in so far as it remains apable of having effet. (3) Where the purpose of an enatment repealed by this At was to seure that the substitution of the provisions of the At ontaining that enatment for provisions repealed by that At did not affet the ontinuity of the law, the enatment repealed by this At ontinues to have effet in so far as it is apable of doing so. Appliation to existing ontrats 54 7. Subjet to the following provisions of this Shedule, any provision of this At applies in relation to a ontrat of employment entered into before as well as after the ommenement of that provision. Rights during employment 8. Setion 8(3)(g), (h), (i) and (j) and (5) only apply in relation to a ontrat of employment entered into after the ommenement of those provisions; upon any hange in the terms of employment notified to the employee under setion 10 after the ommenement of those provisions; and AT 21 of 2006 Page 183

Shedule 7 Employment At 2006 () after the ommenement of those provisions, upon request in writing made by the employee to the employer to provide the partiulars required by those provisions within a reasonable time. Unfair dismissal 9. Part X does not apply, in relation to the dismissal of an employee, and Part V of the Employment At 1991 ontinues to apply, where the effetive date of termination fell before the ommenement of Part X. Insolveny and essation of business of employer 10. Part XI does not apply and Part VI of the Employment At 1991 ontinues to apply where the employee s employment terminated before the ommenement of Part XI. Periods of employment 11. (1) Subjet to sub-paragraph (2), setion 169 (omputation of period of employment) and Shedule 5 (omputation of period of employment), so far as they relate to the omputation of the length of a period of ontinuous employment, apply to periods before the ommenement of those provisions as they apply to later periods. (2) Where the date by referene to whih the length of an employee s period of ontinuous employment falls to be asertained before suh ommenement, it shall be asertained in aordane with the former provisions. (3) In this paragraph the former provisions means setion 85 and Shedule 7 to the Employment At 1991 (inluding that Shedule as applied by setion 43(1) of the Redundany Payments At 1990). Misellaneous and supplemental 12. In relation to Crown employment setions 8 to 13 (written partiulars of employment) shall not apply exept () in relation to Crown employment entered into after the ommenement of those provisions; upon any hange in the terms of employment notified to the Crown employee under setion 10 after the ommenement of those provisions; and after the ommenement of those provisions upon request in writing made by the Crown employee to the employer to provide the partiulars required by those provisions within 14 days. 13. In Shedule 8, the amendment to the Preferential Payments At 1908 only applies in respet of remuneration payable by a debtor to a person by way of a remuneration where the relevant date (within the meaning of setion 3(2) of that At) ours after the ommenement of that provision. Page 184 AT 21 of 2006

Employment At 2006 Shedule 7 14. In Shedule 8, item 10 of the amendments to the Redundany Payments At 1990 shall not apply where the relevant date (as defined in setion 7(1) of that At) in relation to the dismissal of an employee, has ourred before the ommenement of that provision. 15. In Shedule 9, in the repeals of the Redundany Payments At 1990 (i) (ii) (iii) item 1 (repeal of setion 17) shall not apply to ontrats entered into before the ommenement of that repeal; item 2 (repeal of setion 19) shall not apply to ontrats of employment entered into between husband and wife before the ommenement of that repeal until suh date as may be presribed; items 5 and 7 (repeal of setion 36 and Shedule 4) shall not apply in respet of a right to return to work where the expeted week of hildbirth preeded the ommenement of those provisions. 16. (1) This paragraph applies to the dismissal of an employee employed under a ontrat for a fixed term of one year or more whih onsists of the expiry of the term without its being renewed, where the employee has agreed in aordane with paragraph 2 of Shedule 5 of the Employment At 1991 to exlude any rights under Part V (unfair dismissal) of that At in relation to that ontrat. (2) In Shedule 9, the repeal of paragraph 2 of Shedule 5 of the Employment At 1991 shall have effet in relation to a dismissal to whih this paragraph applies where the effetive date of termination (within the meaning of setion 112 of this At) falls on or after suh date as may be presribed, unless both the following onditions are satisfied that, where there has been no renewal of the ontrat, the ontrat was entered into before the presribed date or, where there have been one or more renewals, the only or most reent renewal was agreed before that date, and that the agreement to exlude any rights under Part V (unfair dismissal) of the Employment At 1991 was entered into and took effet before the presribed date. 17. In Shedule 9, the repeal of paragraph 6 of Shedule 5 of the Employment At 1991 shall not apply in respet of ontrats of employment entered into under those exlusions before the ommenement of that repeal until suh date as may be presribed. 18. In Shedule 8, the amendment of the Redundany Payments At 1990 by item 1 of the amendments to that At and in Shedule 9, the repeal of Shedule 5 paragraph 8 and Shedule 7 of the Employment At 1991, shall not apply to ontrats entered into by employees before the ommenement of that amendment and those repeals whih AT 21 of 2006 Page 185

Shedule 8 Employment At 2006 involve employment for a period of less than 16 hours weekly, until suh date as may be presribed. 19. In Shedule 9, item 2 of the repeals of the Employment (Sex Disrimination) At 2000 (repeal of setion 46(4) and (5)) shall not apply to ontrats entered into before the ommenement of that repeal. SCHEDULE 8 AMENDMENT OF ENACTMENTS Setion 176(2) [Sh 8 amended by Eduation (Misellaneous Provisions) At 2009 Sh 1 and amends the following Ats Preferential Payments At 1908 q.v. Agriultural Wages At 1952 q.v. Trade Disputes At 1985 q.v. Trade Unions At 1991 q.v. Shops At 2000 q.v. Employment (Sex Disrimination) At 2000 q.v. Minimum Wage At 2001 q.v.] SCHEDULE 9 ENACTMENTS REPEALED 55 Setion 176(3) Short Title Extent of Repeal Trade Disputes (Regulation) At 1936 Setion 3 Trade Disputes At 1985 In setion 7, (interpretation) the definition of employee Redundany Payments At 1990 Setion 17 Setion 19 Setion 24(4) In setion 25(2) omit and Setion 36 Setion 38(2) Shedule 4 Shedule 7 Page 186 AT 21 of 2006

Employment At 2006 Shedule 9 Short Title Employment At 1991 Trade Unions At 1991 Employment (Amendment) At 1996 Extent of Repeal The whole At exept for setion 66(1) and Part 1 of Shedule 3. Setion 4(1)(iii) In setion 19(2) omit referenes to the date of dismissal and to an offer of re-engagement shall be onstrued in aordane with setion 49(4) of that At.. Shedule 1 paragraphs 2(3), 2(4), 2(6) and 4. The whole At Shops At 2000 Setion 1(3) and (4) Setion 4(4)(d) Setion 4(5) Setion 7(3) Setion 14(4) Setion 15(4) Setion 21 Setion 25 Setion 26(2) Employment (Sex Disrimination) At 2000 Setion 34 and the ross heading In setion 46 in subsetion (4) omit of the disrimination offier or and, or at the end of the line; omit subsetion (4) and subsetion (5) Setion 51(4) Setion 52 Minimum Wage At 2001 Setion 22 Setion 24 Setion 25 AT 21 of 2006 Page 187

Employment At 2006 Endnotes ENDNOTES Table of Legislation History Legislation Year and No Commenement Table of Renumbered Provisions Original Current Table of Endnote Referenes 1 Para (d) amended by SD155/10 Sh 10. 2 S 49 amended by Corruption At 2008 s 5(4). 3 Para () amended by SD155/10 Sh 4. 4 Para amended by SD155/10 Sh 4. 5 Para amended by SD104/07. 6 Subs (15) added by SD104/07. 7 Para (p) added by SD104/07. 8 Inreased to 50,000 by SD226/09 effetive 20 July 2009 subjet to the appropriate date as defined by SD226/09. 9 Subs (1) amended by SD155/10 Sh 6. 10 Subs (5) amended by SD155/10 Sh 6. 11 Subs (1) amended by SD155/10 Sh 6. 12 Subs (3) amended by SD155/10 Sh 6. 13 Subs (1) amended by SD155/10 Sh 6. 14 Subs (7) amended by SD155/10 Sh 6. 15 Para amended by Civil Partnership At 2011 Sh 15. 16 Subs (2) amended by SD155/10 Sh 6. 17 Subs (3) amended by SD155/10 Sh 6. 18 Subs (5) amended by SD155/10 Sh 6. 19 S 151 amended by SD155/10 Sh 6. 20 Para amended by SD155/10 Sh 6. 21 Subs (1) amended by SD155/10 Sh 6. Para amended by SD155/10 Sh 6. 22 Para amended by SD155/10 Sh 6. AT 21 of 2006 Page 189

Endnotes Employment At 2006 23 Subs (2) amended by SD155/10 Sh 6. 24 Subs (3) amended by SD155/10 Sh 6. 25 Para amended by SD155/10 Sh 6. 26 Para amended by SD155/10 Sh 6. 27 Para () amended by SD155/10 Sh 6. 28 Subs (1) amended by SD155/10 Sh 6. Para (d) amended by SD155/10 Sh 6. 29 Subs (2) amended by SD155/10 Sh 6. 30 Para amended by SD155/10 Sh 6. 31 Subs (3) amended by SD155/10 Sh 6. 32 Subs (4) amended by SD155/10 Sh 6. 33 Subs (5) amended by SD155/10 Sh 6. 34 Para amended by SD155/10 Sh 6. 35 Subs (6) amended by SD155/10 Sh 6. 36 Subs (7) amended by SD155/10 Sh 6. 37 Para amended by SD155/10 Sh 6. 38 Subs (1) amended by SD155/10 Sh 6. Para amended by SD155/10 Sh 6. 39 Definition of the Department repealed by SD155/10 Sh 6. 40 Subs (2) amended by SD155/10 Sh 6. 41 Para (d) amended by SD155/10 Sh 6. 42 Subs (4) amended by SD155/10 Sh 6. 43 Subs (5) amended by SD155/10 Sh 6. 44 Para amended by Civil Partnership At 2011 Sh 14. 45 Definition of the Department amended by SD155/10 Shs 2 and 6. 46 Definition of the DSC inserted by SD155/10 Sh 6. 47 Subs (2) amended by SD155/10 Sh 6. 48 ADO SD72/07 as amended by SD213/07 PROVISIONS COMING INTO OPERATION ON 26 FEBRUARY 2007 Setion 156(1) and Part I of Shedule 3 (Employment Tribunal) Setion 173 (interpretation) Setion 174 (subordinate legislation) Setion 175 (Tynwald ontrol over orders et.) Setion 176(1) and Shedule 7 (transitional provisions) Setion 176(3) and Shedule 9 (repeals), in relation to the repeal of s 75(1) of, and Part 1 of Shedule 4 to, Employment At 1991 Setion 177 (short title and ommenement) PROVISIONS COMING INTO OPERATION ON 26 FEBRUARY 2007 FOR CERTAIN PURPOSES Setion 21 (restrition on dedutions) Setion 33 (induements: remedies) Setion 54 (dislosure to presribed persons) Setion 65 (leave for family and domesti reasons) Setion 70 (assertion of statutory rights) Setions 79 to 83 (maternity leave) Page 190 AT 21 of 2006

Employment At 2006 Endnotes Setions 84 to 88 (parental leave) Setions 90 to 94 (paternity leave) Setions 95 to 98 (adoption leave) Setions 99 to 102 (flexible working) Setion 114 (leave for family reasons) Setion 144 (limit of award et.) Setion 156(2) to (8) and Part II of Shedule 3 (Employment Tribunal) Setion 158 (reoupment of benefit) Setion 161 (appliation to territorial waters) Setion 162 (power to onfer rights on individuals) Setion 165 (part-time work) Setion 166 (limited-term employment) Setion 167 (annual leave and working time) Setion 168 (death of employer or employee) Setion 170 (normal working hours and a week s pay), in relation to the provisions of Shedule 6 mentioned below. Setion 171 (odes of pratie) Setion 172(2) (publiation) In Shedule 6 (normal working hours and a week s pay), paragraphs 10 and 11 PROVISIONS COMING INTO OPERATION ON 1 APRIL 2007 FOR CERTAIN PURPOSES Setion 65 (detriment - leave for family reasons) Setions 71 and 72 (detriment - omplaints and remedies) Part X (unfair dismissal), exept setions 115 to 128 Setion 157 (oniliation) for the purpose of other provisions of the At brought into operation by this Part and proeedings under those provisions (but subjet to paragraph 15 of Shedule 2 to SD72/07 (transitional provisions)) Setion 164 (restrition on ontrating out), for the purpose of other provisions of the At brought into operation by this Part and proeedings under those provisions Setion 169 and Shedule 5 (omputation of period of employment), for the purpose of other provisions of this At brought into operation by this Part Setion 170 and Shedule 6 (normal working hours and a week s pay), for the purpose of other provisions of the At brought into operation by this Part Setion 176(3) and Shedule 9 (repeals), in relation to the repeal of Part III and ss 43 and 47 of Employment At 1991 PROVISIONS COMING INTO OPERATION ON 1 MAY 2007 Part I (disrimination at reruitment on trade union grounds) Part II (rights during employment), exept any provisions speified as oming into operation on 1 Deember 2007 Setions 21 to 28 (dedutions from wages et.) Setions 35 to 44 and 48 (time off) Setion 110 (statement of reasons for dismissal) Part XI (insolveny and essation of business of employer) AT 21 of 2006 Page 191

Endnotes Employment At 2006 Setion 157 (oniliation), for the purpose of other provisions of the At brought into operation by this Part and proeedings under those provisions (but subjet to paragraph 15 of Shedule 2 to SD72/07 (transitional provisions)) Setion 164 (restrition on ontrating out) for the purpose of other provisions of the At brought into operation by this Part and proeedings under those provisions Setion 169 and Shedule 5 (omputation of period of employment), for the purpose of other provisions of this At brought into operation by this Part Setion 170 and Shedule 6 (normal working hours and a week s pay), for the purpose of other provisions of the At brought into operation by this Part Setion 176(2) and Shedule 8 (amendments), so far as they amend setion 15 of the Minimum Wage At 2001 Setion 176(3) and Shedule 9 (repeals), in relation to the repeal of the following enatments in the Redundany Payments At 1990, setions 17and 19; in the Employment At 1991 (i) setions 1 to 20; (ii) setions 26 to 32; (iii) Part VI (exept s 66(1) and Part I of Shedule 3); (iv) paragraphs 2, 6 and 7 of Sh 5; (v) paragraph 8 of Sh 5 (so far as it relates to ss 1 to 6); () in the Employment (Amendment) At 1996 (ss 1 to 7); (d) in the Employment (Sex Disrimination) At 2000 s 46 (in part) PROVISIONS COMING INTO OPERATION ON 1 DECEMBER 2007 In setion 17(8) (statements of partiulars and pay statements: Tribunal award), subparagraph (ii); Setion 18 and Shedule 1 (statements of partiulars and pay statements: award in other proeedings); Setion 176(2) and Shedule 8 (amendments), so far as they amend setions 3, 3A and 4 of the Trade Disputes At 1985. The rest of the At is brought into operation on 30 September 2007. 49 Para amended by SD155/10 Sh 6. 50 Para substituted by SD155/10 Sh 10. 51 Para () amended by SD155/10 Sh 6. 52 Subpara (7) amended by SD155/10 Sh 6. 53 Inreased to 480 by SD225/09 effetive 20 July 2009 subjet to the appropriate date as defined by SD225/09. 54 P1996/18/Sh.9 55 These repeals have been inorporated into the extant Ats. Page 192 AT 21 of 2006