Part V Protection from suffering detriment in employment
Rights not to suffer detriment
47CF1 Leave for family and domestic reasons.
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,
F4aa
time off under section 57ZE,
F5ab
time off under section 57ZJ or 57ZL,
b
ordinary, compulsory or additional maternity leave,
F2ba
ordinary or additional adoption leave,
F6bb
shared parental leave,
F10bc
carer’s leave,
c
parental leave,
F9cb
parental bereavement 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.
F75
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”.