Employment Rights Act 1996 s.206 – Institution or continuance of tribunal proceedings

(1)Where an employer has died, any tribunal proceedings arising under any of the provisions of this Act to which this section applies may be defended by a personal representative of the deceased employer.

(2)This section and section 207 apply to—

(a)Part I, so far as it relates to itemised pay statements,

(b)Part III,

(c)Part V,

(d)Part VI, apart from sections 58 to 60,

(e)Parts VII and VIII,

[^F1054 (ea)Part 8B,^F1054]

(f)in Part IX, sections 92 and 93, and

(g)Parts X to XII.

(3)Where an employee has died, any tribunal proceedings arising under any of the provisions of this Act to which this section applies may be instituted or continued by a personal representative of the deceased employee.

(4)If there is no personal representative of a deceased employee, any tribunal proceedings arising under any of the provisions of this Act to which this section applies may be instituted or continued on behalf of the estate of the deceased employee by any appropriate person appointed by the [^F1055employment tribunal^F1055] .

(5) In subsection (4) “appropriate person” means a person who is—

(a)authorised by the employee before his death to act in connection with the proceedings, or

(b)the widow or widower, [^F1056surviving civil partner,^F1056] child, parent or brother or sister of the deceased employee;

and in Part XI and the following provisions of this section and section 207 references to a personal representative include a person appointed under subsection (4).

(6)In a case where proceedings are instituted or continued by virtue of subsection (4), any award made by the [^F1055employment tribunal^F1055] shall be—

(a)made in such terms, and

(b)enforceable in such manner,

as the Secretary of State may by regulations provide.

(7)Any reference in the provisions of this Act to which this section applies to the doing of anything by or in relation to an employer or employee includes a reference to the doing of the thing by or in relation to a personal representative of the deceased employer or employee.

(8)Any reference in the provisions of this Act to which this section applies to a thing required or authorised to be done by or in relation to an employer or employee includes a reference to a thing required or authorised to be done by or in relation to a personal representative of the deceased employer or employee.

(9)Subsections (7) and (8) do not prevent a reference to a successor of an employer including a personal representative of a deceased employer.

Definitions used in section 206 5

employer

(4) In this Act “employer”, in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed.

Defined in s.230(4) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act

employee

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

Defined in s.230(1) · see it in the full Act

employment

(5) In this Act “employment”—

(a)in relation to an employee, means (except for the purposes of section 171) employment under a contract of employment, and

(b)in relation to a worker, means employment under his contract;

Defined in s.230(5) · see it in the full Act

Defined in s.230(6) · see it in the full Act

act

“act” and “action” each includes omission and references to doing an act or taking action shall be construed accordingly,

Defined in s.235(1) · see it in the full Act

successor

“successor”, in relation to the employer of an employee, means (subject to subsection (2)) a person who in consequence of a change occurring (whether by virtue of a sale or other disposition or by operation of law) in the ownership of the undertaking, or of the part of the undertaking, for the purposes of which the employee was employed, has become the owner of the undertaking or part,

Defined in s.235(1) · see it in the full Act

Cases considering section 206 5

Fox v British Airways Plc

[2013] EWCA Civ 972 · 31 July 2013

Section 206(3) permits an unfair-dismissal claim to be instituted or continued by a deceased employee’s personal representative. It formed part of the basis for the father’s standing. (see para [5]) Where no personal representative exists, section 206(4) permits an employment tribunal to appoint an appropriate person to institute or continue the claim for the estate. It supported the father’s procedural standing before the grant of letters of administration. (see para [5])

Grady v HM Prison Service

[2003] EWCA Civ 527 · 11 April 2003

The provision permits unfair dismissal proceedings to be instituted or continued by an employee’s personal representative following death. The court noted the absence of an equivalent provision for bankruptcy. (see para [9]) The provision permits unfair dismissal proceedings to be instituted or continued by an employee’s personal representative following death. The court noted the absence of an equivalent provision for bankruptcy. (see para [9])

Carter (Deceased) v Governing Body of Cannock Chase Technical College

[2002] EWCA Civ 1456 · 30 July 2002

The court records that the Employment Appeal Tribunal appointed Mr Clancy as the appropriate person to continue the appeal for the deceased employee’s estate under this provision. (See the unpaginated judgment’s procedural history.)

2 more judgments, and what each says about section 206, are in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

F1054S. 206(2)(ea) inserted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 16; S.I. 2023/1283, reg. 2
F1055Words in s. 206(4)(6) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F1056Words in s. 206(5)(b) inserted (5.12.2005) by The Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 (S.I. 2005/3129), arts. 1, 4(4), Sch. 4 para. 11