Section 195A

In this Chapter references to the threshold number of employees are references to the number of employees determined in accordance with regulations made by the Secretary of State under this section. Regulations under this section may (among other things) provide that the number is— a specified number; a number determined by reference to a specified percentage of employees; a number that is the highest or lowest of two or more numbers, whether those numbers are specified numbers, determined by reference to a specified percentage of employees, or determined in another way specified in the regulations. But the regulations may not provide in any case for the threshold number of employees to be lower than 20. For the purposes of determining a number by reference to a specified percentage of employees, the regulations may make provision for determining how many employees an employer has, including (among other things)— provision about the time by reference to which that determination is to be made; provision excluding employees of a specified description from being taken into account in that determination. Regulations under this section may make different provision for different purposes, including (among other things)— different provision in respect of different provisions of this Chapter; different provision in respect of different descriptions of employer. Regulations under this section may contain such incidental, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient. Regulations under this section are to be made by statutory instrument. A statutory instrument containing regulations under this section (whether alone or with other provision) may not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament. In this section “specified” means specified in the regulations.

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Source: legislation.gov.uk · retrieved 2026-09-04