Legislation – Employment Rights Act 2025
Changes to legislation:
Employment Rights Act 2025, Section 122 is up to date with all changes known to be in force on or before 01 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Part 5Enforcement of labour market legislation
Labour market enforcement undertakings
122Means of giving notice under section 119
(1)
A notice may be given under section 119 to a person by—
(a)
delivering it to the person,
(b)
leaving it at the person’s proper address,
(c)
sending it by post to the person at that address, or
(d)
subject to subsection (6), sending it to the person by electronic means.
(2)
A notice to a body corporate may be given to any officer of that body.
(3)
A notice to a partnership may be given to any partner.
(4)
A notice to an unincorporated association (other than a partnership) may be given to any member of the governing body of the association.
(5)
For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person is the person’s last known address (whether of the person’s residence or of a place where the person carries on business or is employed) and also—
(a)
in the case of a body corporate or an officer of the body, the address of the body’s registered or principal office in the United Kingdom;
(b)
in the case of a partnership or a partner, the address of the principal office of the partnership in the United Kingdom;
(c)
in the case of an unincorporated association (other than a partnership) or a member of its governing body, the principal office of the association in the United Kingdom.
(6)
A notice may be sent to a person by electronic means only if—
(a)
the person has indicated that notices under section 119 may be given to the person by being sent to an electronic address and in an electronic form specified for that purpose, and
(b)
the notice is sent to that address in that form.
(7)
A notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given on the working day immediately following the day on which it was sent.
(8)
In this section—
“electronic address” means any number or address used for the purposes of sending or receiving documents or information by electronic means;
“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body;
“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.