C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21 Part X Unfair dismissal

Annotations:
Modifications etc. (not altering text)
C1

Ss. 66-68, 70-71, 92-93, Pt. 10 (ss. 94-134) modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.

Pt. 10 (ss. 94-134) applied (with modifications) (E.W.) by S.I. 1998/218, art. 4(b)

Pt. 10 (ss. 94-134) modified (1.1.1999) by 1998 Measure No. 1, s. 6(1), Sch. 3 para. 3(1)(2); Instrument dated 14.10.1998 made by the Archbishops of Canterbury and York

Pt. 10 (ss. 94-134) modified (6.6.2000) by 1992 c. 52, s. 70A, Sch. A1 para. 161(1), 162 (as inserted (6.6.2000) by 1999 c. 26, s. 1, Sch. 1; S.I. 2000/1338, art. 2(a))

Pt. 10 (ss. 94-134) modified (4.9.2000) by 1999 c. 26, ss. 12(3)(6), (with ss. 14, 15); S.I. 2000/2242, art. 2(1)

Pt. 10 (ss. 94-134) modified (24.4.2000) by 1992 c. 52, s. 238A(2) (as inserted (24.4.2000) by 1999 c. 26, ss. 16, Sch. 5 para. 3; S.I. 2000/875, art. 2 (with transitional provision in art. 3))

Pt. 10 (ss. 94-134) modified (E.W.) (1.9.1999) by S.I. 1999/2256, arts. 3, 4(b), Sch.

C2

Pt. 10 (ss. 94-134) applied for certain purposes (14.8.2000) by S.I. 2000/1828, art. 2

Pt. 10 (ss. 94-134) applied (E.W.) (21.5.2001) by S.I. 2001/1185, arts. 2, 3, Sch. para. 95

C5

Pt. 10 modified (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 7

C18

Pt. 10 applied (with modifications) (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 5(1) (with reg. 7)

C20Chapter I Right not to be unfairly dismissed

Other dismissals

F199 Leave 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,

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,

F9bc

carer’s leave,

c

parental leave,

F3ca

F7paternity leave,

F8cb

parental bereavement 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.