- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (24/11/2002)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 24/11/2002.
Employment Rights Act 1996, Section 78 is up to date with all changes known to be in force on or before 06 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Regulations under section 76 may make provision—
(a)about redundancy during a period of parental leave;
(b)about dismissal (other than by reason of redundancy) during a period of parental leave.
(2)Provision by virtue of subsection (1) may include—
(a)provision requiring an employer to offer alternative employment;
(b)provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part X).
(3)Regulations under section 76 may provide for an employee to be entitled to choose to exercise all or part of his entitlement to parental leave—
(a)by varying the terms of his contract of employment as to hours of work, or
(b)by varying his normal working practice as to hours of work,
in a way specified in or permitted by the regulations for a period specified in the regulations.
(4)Provision by virtue of subsection (3)—
(a)may restrict an entitlement to specified circumstances;
(b)may make an entitlement subject to specified conditions (which may include conditions relating to obtaining the employer’s consent);
(c)may include consequential and incidental provision.
(5)Regulations under section 76 may make provision permitting all or part of an employee’s entitlement to parental leave in respect of a child to be transferred to another employee in specified circumstances.
(6)The reference in section 77(1)(c) to absence on parental leave includes, where appropriate, a reference to a continuous period of absence attributable partly [F3 to parental leave and partly to—
(a)maternity leave, or
(b)adoption leave,
or to both.]
(7)Regulations under section 76 may provide for specified provisions of the regulations not to apply in relation to an employee if any provision of his contract of employment—
(a)confers an entitlement to absence from work for the purpose of caring for a child, and
(b)incorporates or operates by reference to all or part of a collective agreement, or workforce agreement, of a kind specified in the regulations.]
Textual Amendments
F1Pt. 8 (ss. 71-80) substituted for Pt. 8 (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. 1; S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. 2 (with transitional provisions in Sch. 3 para. 10)
F2Pt. VIII (ss. 71-80) substituted for Pt. VIII (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. I; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 para. 10)
F3Words in s. 78(6) substituted (24.11.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 28; S.I. 2002/2866, art. 2(1), Sch. 1 Pt. 1
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