Legislation – Employment Rights Act 2025
Changes to legislation:
Employment Rights Act 2025, Section 133 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.
Changes to Legislation
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Part 5Enforcement of labour market legislation
Safeguards etc
133Privilege against self-incrimination
(1)
This section applies where a person provides information in response to a requirement under section 96.
(2)
In any criminal proceedings against the person—
(a)
no evidence relating to the information may be adduced by or on behalf of the prosecution, and
(b)
no question relating to the information may be asked by or on behalf of the prosecution.
(3)
Subsection (2) does not apply if, in the proceedings—
(a)
evidence relating to the information is adduced by or on behalf of the person providing it, or
(b)
a question relating to the information is asked by or on behalf of that person.
(4)
Subsection (2) does not apply if the proceedings are for—
(a)
an offence under section 140 (providing false information or documents);
(b)
an offence under section 5 of the Perjury Act 1911 (false statutory declarations and other false statements without oath);
(c)
an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations);
(d)
an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statutory declarations and other false unsworn statements).