Employment Rights Act 1996

[F1 74 Redundancy and dismissal.E+W+S

(1)Regulations under section 71 or 73 may make provision about redundancy during [F2, or after,] an ordinary or additional maternity leave period.

(2)Regulations under section 71 or 73 may make provision about dismissal (other than by reason of redundancy) during an ordinary or additional maternity leave period.

(3)Regulations made by virtue of subsection (1) or (2) may include—

(a)provision requiring an employer to offer alternative employment;

(b)provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part X).

(4)Regulations under section [F371 or] 73 may make provision—

(a)for section [F471(4)(c) or] 73(4)(c) not to apply in specified cases, and

(b)about dismissal at the conclusion of an [F5ordinary or] additional maternity leave period.]

Textual Amendments

F1Pt. 8 (ss. 71-80) substituted for Pt. 8 (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. 1; S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. 2 (with transitional provisions in Sch. 3 para. 10)

F3Words in s. 74(4) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(5)(a); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3)

F4Words in s. 74(4)(a) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(5)(b); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3)

F5Words in s. 74(4)(b) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(5)(c); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3)