(1)An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done for a prescribed reason.
(2)A prescribed reason is one which is prescribed by regulations made by the Secretary of State and which relates to—
(a)pregnancy, childbirth or maternity,
[F2(aa)time off under section 57ZE,]
[F3(ab)time off under section 57ZJ or 57ZL,]
(b)ordinary, compulsory or additional maternity leave,
[F4(ba)ordinary or additional adoption leave,]
[F5(bb)shared parental leave,]
(c)parental leave,
F6 F6[F7( ... ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(ca)ordinary or additional paternity leave, or]]
(d)time off under section 57A.
(3)A reason prescribed under this section in relation to parental leave may relate to action which an employee takes, agrees to take or refuses to take under or in respect of a collective or workforce agreement.
(4)Regulations under this section may make different provision for different cases or circumstances.
[F8(5)An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the temporary work agency or the hirer done on the ground that—
(a)being a person entitled to—
(i)time off under section 57ZA, and
(ii)remuneration under section 57ZB in respect of that time off,
the agency worker exercised (or proposed to exercise) that right or received (or sought to receive) that remuneration,
(b)being a person entitled to time off under section 57ZG, the agency worker exercised (or proposed to exercise) that right,
(c)being a person entitled to—
(i)time off under section 57ZN, and
(ii)remuneration under section 57ZO in respect of that time off,
the agency worker exercised (or proposed to exercise) that right or received (or sought to receive) that remuneration, or
(d)being a person entitled to time off under section 57ZP, the agency worker exercised (or proposed to exercise) that right.
(6)Subsection (5) does not apply where the agency worker is an employee.
(7)In this section the following have the same meaning as in the Agency Workers Regulations 2010 (S.I. 2010/93)—
“agency worker”;
“hirer”;
“temporary work agency”.]]
Textual Amendments
F1S. 47C inserted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 8; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)
F2S. 47C(2)(aa) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 127(2)(a), 139(6); S.I. 2014/1640, art. 3(1)(i)
F3S. 47C(2)(ab) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 128(2)(a), 139(6); S.I. 2014/1640, art. 3(1)(j)
F4S. 47C(2)(ba) inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 26(2); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2
F5S. 47C(2)(bb) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 31(a); S.I. 2014/1640, art. 3(2)(g)
F6S. 47C(2)(ca) substituted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 11, 19, Sch. 1 para. 30; S.I. 2010/495, art. 3(c)
F7S. 47C(2)(ca) substituted (8.12.2002) for the word "or" by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 26(3); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2
F8S. 47C(5)-(7) inserted (1.10.2014 for specified purposes, 5.4.2015 for specified purposes) by Children and Families Act 2014 (c. 6), ss. 129(1), 139(6); S.I. 2014/1640, arts. 4(b), 6(e)