Employment Rights Act 1996, section 48

Complaints to employment tribunals

Part V Protection from suffering detriment in employment

(1)An employee may present a complaint to an [F265employment tribunalF265] that he has been subjected to a detriment in contravention of section [F26643M,F266][F267 44(1)F267] , 45, [F26846, 47, 47A,F268][F269 47C(1)F269][F270 , 47E [F271 , 47F or 47GF271,F270]] .

[F272 (1XA)A worker may present a complaint to an employment tribunal that the worker has been subjected to a detriment in contravention of section 44(1A).F272]

[F273 (1YA)A shop worker may present a complaint to an employment tribunal that he or she has been subjected to a detriment in contravention of section 45ZA.F273]

[F274 (1ZA)A worker may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 45A.F274]

[F275 (1A)A worker may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 47B.F275]

[F276 (1AA)An agency worker may present a complaint to an employment tribunal that the agency worker has been subjected to a detriment in contravention of section 47C(5) by the temporary work agency or the hirer.F276]

[F277 (1B)A person may present a complaint to an employment tribunal that he has been subjected to a detriment in contravention of section 47D.F277]

(2)On [F278a complaint under subsection (1), [F279 (1XA),F279] (1ZA), (1A) or (1B)F278] it is for the employer to show the ground on which any act, or deliberate failure to act, was done.

[F280 (2A)On a complaint under subsection (1AA) it is for the temporary work agency or (as the case may be) the hirer to show the ground on which any act, or deliberate failure to act, was done.F280]

(3)An [F265employment tribunalF265] shall not consider a complaint under this section unless it is presented—

(a)before the end of the period of [F281sixF281] months beginning with the date of the act or failure to act to which the complaint relates or, where that act or failure is part of a series of similar acts or failures, the last of them, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of [F282sixF282] months.

(4)For the purposes of subsection (3)—

(a) where an act extends over a period, the “date of the act” means the last day of that period, and

(b)a deliberate failure to act shall be treated as done when it was decided on;

and, in the absence of evidence establishing the contrary, an employer[F283 , a temporary work agency or a hirerF283] shall be taken to decide on a failure to act when he does an act inconsistent with doing the failed act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.

[F284 (4A)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (3)(a).F284]

[F285 (5)In this section and section 49 any reference to the employer [F286 includes—F286]

[F286 (a)whereF286] a person complains that he has been subjected to a detriment in contravention of section 47A, the principal (within the meaning of section 63A(3)).

[F287 (b)in the case of proceedings against a worker or agent under section 47B(1A), the worker or agent.F287,F285]]

[F288 (6) In this section and section 49 the following have the same meaning as in the Agency Workers Regulations 2010 ( S.I. 2010/93)—

  • “agency worker”;

  • “hirer”;

  • “temporary work agency”. F288]

Definitions used in section 48 6

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

(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
worker

(3) In this Act “worker” (except in the phrases “shop worker” and “betting worker”) means an individual who has entered into or works under (or, where the employment has ceased, worked under)—

(a)a contract of employment, or

(b)any other contract, 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 services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;

Defined in s.230(3) · 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
shop worker

(3) In this Act “worker” (except in the phrases “shop worker” and “betting worker”) means an individual who has entered into or works under (or, where the employment has ceased, worked under)—

(a)a contract of employment, or

(b)any other contract, 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 services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;

Defined in s.230(3) · see it in the full Act

(1) In this Act “shop worker” means an employee who, under his contract of employment, is or may be required to do shop work.

Defined in s.232(1) · see it in the full Act
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
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

Cases considering section 48 96

Chief Constable of the Police Service of Northern Ireland and another v Agnew and others

[2023] UKSC 33 · 4 October 2023

The analogous series extension for repeated detriments confirms that connected acts may be claimed together despite some occurring outside the three-month period. (see paras [108]-[115]; [124])

Daniel Rogerson v Erhard-Jensen Ontological/Phenomenological Initiative Limited

[2025] EWCA Civ 1547 · 1 December 2025

Applies the statutory complaint mechanism to the alleged arbitration detriment. Judicial proceedings immunity cannot remove the Employment Tribunal remedy where commencement of proceedings is otherwise an actionable detriment (see paras [1]; [55]-[56]).

Elizabeth Reynolds v Abel Estate Agent Ltd & Ors

[2025] EWCA Civ 1357 · 27 October 2025Limits

Confirms the statutory route by which complaints under section 47B are brought before the Employment Tribunal. (see paras [13]-[15]) Confers the Employment Tribunal’s subject-matter jurisdiction over complaints of protected-disclosure detriment. (see paras [13], [49]) Uses a statutory prohibition on the Tribunal considering an out-of-time complaint. The provision illustrates, but does not exhaust, the forms of statutory limits that may go to jurisdiction. (see paras [14], [48], [52]-[54])

76 more judgments, and what each says about section 48, are in the case-law panel in the full Act.

Amendments and notes

36 notes from legislation.gov.uk

Amendments

  1. F265Words in s. 48(1)(3) and sidenote to s. 48 substituted (1.8.1998) by 1998 c. 8 , s. 1(2)(a)(b) (with s. 16(2) ); S.I. 1998/1658 , art. 2(1) , Sch. 1
  2. F266Words in s. 48(1) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24) , ss. 40(2) , 59(2)-(4) ; S.I. 2005/872 , arts. 4 , 5 , Sch. (subject to arts. 6-12 )
  3. F267Word in s. 48(1) substituted (31.5.2021) by The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 (S.I. 2021/618), arts. 1, 4(a)
  4. F268Words in s. 48(1) substituted (1.9.1999) by 1998 c. 30 , s. 44(1) , Sch. 3 para. 11(a) (with s. 42(8) ); S.I. 1999/987 , art. 2
  5. F269Word in s. 48(1) substituted (1.10.2014) by Children and Families Act 2014 (c. 6), ss. 129(2)(a), 139(6); S.I. 2014/1640, art. 4(b)
  6. F270Words in s. 48(1) substituted (6.4.2010 for certain purposes and otherwise prosp.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) , ss. 40 , 269(4) , Sch. 1 para. 2 ; S.I. 2010/303 , art. 4 , Sch. 3 (with arts. 8-14 ) (as amended by S.I. 2010/1151 , art. 22 ) text substituted prospectively or the amendment may be in effect for limited purposes, see the commentary.
  7. F271Words in s. 48(1) substituted (1.9.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 31(3), 35(1); S.I. 2013/1766, art. 2
  8. F272S. 48(1XA) inserted (31.5.2021) by The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 (S.I. 2021/618), arts. 1, 4(b)
  9. F273S. 48(1YA) inserted (4.5.2016 for specified purposes) by Enterprise Act 2016 (c. 12), s. 44(1)(d), Sch. 5 para. 8 text inserted for certain specified purposes only, see the commentary.
  10. F274S. 48(1ZA) inserted (1.10.1998) by S.I. 1998/1833 , reg. 31(2)
  11. F275S. 48(1A) inserted (2.7.1999) by 1998 c. 23 , s. 3 ; S.I. 1999/1547 , art. 2
  12. F276S. 48(1AA) inserted (1.10.2014) by Children and Families Act 2014 (c. 6), ss. 129(2)(b), 139(6); S.I. 2014/1640, art. 4(b)
  13. F277S. 48(1B) inserted (1.9.2002 for certain purposes, otherwise prosp.) by Tax Credits Act 2002 (c. 21) , s. 27 , Sch. 1 para. 1(3) ; S.I. 2002/1727 , art. 2 text inserted prospectively or the amendment may be in effect for limited purposes, see the commentary.
  14. F278Words in s. 48(2) substituted (1.10.2014) by Children and Families Act 2014 (c. 6), ss. 129(2)(c), 139(6); S.I. 2014/1640, art. 4(b)
  15. F279Word in s. 48(2) inserted (31.5.2021) by The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 (S.I. 2021/618), arts. 1, 4(c)
  16. F280S. 48(2A) inserted (1.10.2014) by Children and Families Act 2014 (c. 6), ss. 129(2)(d), 139(6); S.I. 2014/1640, art. 4(b)
  17. F281Word in s. 48(3)(a) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(6)(a); S.I. 2026/954, reg. 3 (with reg. 4)
  18. F282Word in s. 48(3)(b) substituted (1.10.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 12 para. 4(6)(b); S.I. 2026/954, reg. 3 (with reg. 4)
  19. F283Words in s. 48(4) inserted (1.10.2014) by Children and Families Act 2014 (c. 6), ss. 129(2)(e), 139(6); S.I. 2014/1640, art. 4(b)
  20. F284S. 48(4A) substituted (31.12.2020) by The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 12(5) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)
  21. F285S. 48(5) inserted (1.9.1999) by 1998 c. 30 , s. 44(1) , Sch. 3 para. 11(b) (with s. 42(8) ); S.I. 1999/987 , art. 2
  22. F286Words in s. 48(5) substituted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24) , ss. 19(2)(a) , 103(3) (with s. 24(6) ); S.I. 2013/1455 , art. 2(a) (with art. 4(2) )
  23. F287S. 48(5)(b) inserted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24) , ss. 19(2)(b) , 103(3) (with s. 24(6) ); S.I. 2013/1455 , art. 2(a) (with art. 4(2) )
  24. F288S. 48(6) inserted (1.10.2014) by Children and Families Act 2014 (c. 6), ss. 129(2)(f), 139(6); S.I. 2014/1640, art. 4(b)

Modifications

  1. C31S. 48 applied (4.9.2000) by 1999 c. 26 , s. 12(2) (with ss. 14 , 15 ); S.I. 2000/2242 , art. 2
  2. C32S. 48 applied (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031) , regs. 1(1) , 47 , Sch. 6 para. 13(3) (with regs. 44-46 , Sch. 7 )
  3. C33S. 48 applied (6.4.2010) by The Employee Study and Training (Procedural Requirements) Regulations 2010 (S.I. 2010/155) , reg. 18(2)
  4. C34S. 48(2)-(4) applied (with modifications) (1.11.1998) by 1998 c. 39 , s. 24(2)(a) ; S.I. 1998/2574 , art. 2(1) , Sch. 1
  5. C35S. 48(2)-(4) applied (with modifications) (8.10.2004) by The European Public Limited- Liability Company Regulations 2004 (S.I. 2004/2326) , regs. 1(2) , 45(2)
  6. C36S. 48(2)-(4) applied (with modifications)(6.4.2005) by The Information and Consultation of Employees Regulations 2004 (S.I. 2004/3426) , regs.1(1) , 33(2) (with reg. 3 )
  7. C37S. 48(2)-(4) applied (6.4.2006) by The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (S.I. 2006/349) , regs. 1(2)(3) , 17 , Sch. para. 8(2)
  8. C38S. 48(2)-(4) applied (18.8.2006) by The European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059) , regs. 1(2) , 34(2)
  9. C39S. 48(2)-(4) applied (with modifications) (prosp.) by Pensions Act 2008 (c. 30) , ss. 56(2) , 149(1) (with s. 56(3)-(6) )
  10. C40S. 48(2)-(4) applied (with modifications) (1.10.2009) by The European Public Limited- Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (S.I. 2009/2401) , reg. 32(2) (with reg. 41 )
  11. C41S. 48(2)-(4) applied (with modifications) (30.6.2012) by Pensions Act 2008 (c. 30) , ss. 56(2) , 149(1) (with s. 56(3)-(6) ); S.I. 2012/1682 , art. 2 , Sch. 2
  12. C42S. 48(4) applied (31.5.2021) by The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 (S.I. 2021/618), arts. 1, 7(5)