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Employment Relations Act 1999

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This is the original version (as it was originally enacted).

This section has no associated Explanatory Notes

16For section 99 (unfair dismissal: pregnancy and childbirth) substitute—

99Leave for family reasons

(1)An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if—

(a)the reason or principal reason for the dismissal is of a prescribed kind, or

(b)the dismissal takes place in prescribed circumstances.

(2)In this section “prescribed” means prescribed by regulations made by the Secretary of State.

(3)A reason or set of circumstances prescribed under this section must relate to—

(a)pregnancy, childbirth or maternity,

(b)ordinary, compulsory or additional maternity leave,

(c)parental leave, or

(d)time off under section 57A;

and it may also relate to redundancy or other factors.

(4)A reason or set of circumstances prescribed under subsection (1) satisfies subsection (3)(c) or (d) if it relates to action which an employee—

(a)takes,

(b)agrees to take, or

(c)refuses to take,

under or in respect of a collective or workforce agreement which deals with parental leave.

(5)Regulations under this section may—

(a)make different provision for different cases or circumstances;

(b)apply any enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to persons regarded as unfairly dismissed by reason of this section.

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