Employment Rights Act 1996, section 244

Extent

Part XV General and supplementary

(1)Subject to the following provisions, this Act extends to England and Wales and Scotland but not to Northern Ireland.

(2)[F1178 Sections 36(2) and (4), 37(1) and (5), 38 and 39F1178] extend to England and Wales only.

(3)Sections 201 and 238 (and sections 236 and 243, this section and section 245) extend to Northern Ireland (as well as to England and Wales and Scotland).

(4)Sections 240 and 242 and Schedules 1 and 3 have the same extent as the provisions amended or repealed by this Act.

Cases considering section 244 5

Serco Ltd. v Lawson

[2004] EWCA Civ 12 · 23 January 2004Interprets

Section 244(1) defines the territory in which the Act extends as law. It does not determine the separate question of the persons and employments to which section 94(1) applies. (see paras [14]-[16])

Gilham v Ministry of Justice

[2019] UKSC 44 · 16 October 2019

The provision confirms that the relevant Employment Rights Act protections extend to England and Wales and Scotland, but not Northern Ireland. (see para [45])

Ravat v Halliburton Manufacturing and Services Ltd

[2012] UKSC 1 · 8 February 2012Interprets

The Court confirmed that the provision’s statement that the Act extends to England, Wales and Scotland identifies the territories whose law it forms. It does not itself impose a geographical limitation on individual employment claims (see para [3]).

What each judgment says about section 244 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F1178Words in s. 244(2) substituted (6.4.2004) by Sunday Working (Scotland) Act 2003 (c. 18), s. 1(5); S.I. 2004/958, art. 2