Modifications etc. (not altering text)
C1Pt. V modified by S.I. 1981/1794, regs. 8(1)(4), 13
Pt. V (ss. 54-80) modified (3.4.1995) by 1994 c. 19, s. 44(1)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 7, Sch. 3
Pt. V modified (E.W.) (ss. 54-80) (26.8.1994) by 1994 c. 20, s. 4, Sch. 4 para. 7(1)(3); S.I. 1994/1841, art. 2
Pt. V modified (ss. 54-80) (prosp.) by 1995 c. 26, ss. 46(5)(6), 180(1) (which c. 46 was repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202))
C2Pt. V (ss. 54–80) modified by S.I. 1989/901, arts. 3, 4(b), Sch.
C3Pt. V (ss. 54-80) modified (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss.152(1),153, 302.
Pt. V (ss. 54-80) excluded (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 167(1), 302.
Pt. V: by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 167(1)(2)(3), 302 it is provided (16.10.1992) that Pt. V of this Act shall have effect subject to the provisions of ss. 152-166 of that 1992 Act and that those sections shall be construed as one with this Part.
(1)Where an employer—
(a)on engaging an employee informs the employee in writing that his employment will be terminated on the [F1resumption of work by] another employee who is, or will be, absent wholly or partly because of pregnancy or [F1childbirth]; and
(b)dismisses the first-mentioned employee in order to make it possible to give work to the other employee;
then, for the purposes of section 57(1)(b), but without prejudice to the application of section 57(3), the dismissal shall be regarded as having been for a substantial reason of a kind such as to justify the dismissal of an employee holding the position which that employee held.
(2)Where an employer—
(a)on engaging an employee informs the employee in writing that his employment will be terminated on the end of a suspension such as is referred to in section 19 [F2or 45] of another employee; and
(b)dismisses the first-mentioned employee in order to make it possible to allow the [F3resumption of work by the other employee];
then, for the purposes of section 57(1)(b), but without prejudice to the application of section 57(3), the dismissal shall be regarded as having been for a substantial reason of a kind such as to justify the dismissal of an employee holding the position which that employee held.]
Textual Amendments
F1Words in s. 61(1)(a) substituted (10.6.1994) by 1993 c. 19, s. 49(2), Sch. 8 para. 15(a); S.I. 1994/1365, art. 2, Sch.
F2Words in s. 61(2) inserted (10.6.1994) by 1993 c. 19, s. 49(2), Sch. 8 para. 15(b)(i); S.I. 1994/1365, art. 2, Sch.
F3Words in s. 61(2) substituted (10.6.1994) by 1993 c. 19, s. 49(2), Sch. 8 para. 15(b)(ii); S.I. 1994/1365, art. 2, Sch.
Modifications etc. (not altering text)
C4Ss. 57-61 modified (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 239(3)(a), 302.