- Latest available (Revised)
- Original (As enacted)
Employment Act 2002, Section 1 is up to date with all changes known to be in force on or before 29 August 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
In Part 8 of the Employment Rights Act 1996 (c. 18) (which makes provision for maternity and parental leave), after Chapter 2 there is inserted—
(1)The Secretary of State shall make regulations entitling an employee who satisfies specified conditions—
(a)as to duration of employment,
(b)as to relationship with a newborn, or expected, child, and
(c)as to relationship with the child’s mother,
to be absent from work on leave under this section for the purpose of caring for the child or supporting the mother.
(2)The regulations shall include provision for determining—
(a)the extent of an employee’s entitlement to leave under this section in respect of a child;
(b)when leave under this section may be taken.
(3)Provision under subsection (2)(a) shall secure that where an employee is entitled to leave under this section in respect of a child he is entitled to at least two weeks’ leave.
(4)Provision under subsection (2)(b) shall secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child’s birth.
(5)Regulations under subsection (1) may—
(a)specify things which are, or are not, to be taken as done for the purpose of caring for a child or supporting the child’s mother;
(b)make provision excluding the right to be absent on leave under this section in respect of a child where more than one child is born as a result of the same pregnancy;
(c)make provision about how leave under this section may be taken.
(6)Where more than one child is born as a result of the same pregnancy, the reference in subsection (4) to the date of the child’s birth shall be read as a reference to the date of birth of the first child born as a result of the pregnancy.
(7)In this section—
“newborn child” includes a child stillborn after twenty-four weeks of pregnancy;
“week” means any period of seven days.
(1)The Secretary of State shall make regulations entitling an employee who satisfies specified conditions—
(a)as to duration of employment,
(b)as to relationship with a child placed, or expected to be placed, for adoption under the law of any part of the United Kingdom, and
(c)as to relationship with a person with whom the child is, or is expected to be, so placed for adoption,
to be absent from work on leave under this section for the purpose of caring for the child or supporting the person by reference to whom he satisfies the condition under paragraph (c).
(2)The regulations shall include provision for determining—
(a)the extent of an employee’s entitlement to leave under this section in respect of a child;
(b)when leave under this section may be taken.
(3)Provision under subsection (2)(a) shall secure that where an employee is entitled to leave under this section in respect of a child he is entitled to at least two weeks’ leave.
(4)Provision under subsection (2)(b) shall secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child’s placement for adoption.
(5)Regulations under subsection (1) may—
(a)specify things which are, or are not, to be taken as done for the purpose of caring for a child or supporting a person with whom a child is placed for adoption;
(b)make provision excluding the right to be absent on leave under this section in the case of an employee who exercises a right to be absent from work on adoption leave;
(c)make provision excluding the right to be absent on leave under this section in respect of a child where more than one child is placed for adoption as part of the same arrangement;
(d)make provision about how leave under this section may be taken.
(6)Where more than one child is placed for adoption as part of the same arrangement, the reference in subsection (4) to the date of the child’s placement shall be read as a reference to the date of placement of the first child to be placed as part of the arrangement.
(7)In this section, “week” means any period of seven days.
(8)The Secretary of State may by regulations provide for this section to have effect in relation to cases which involve adoption, but not the placement of a child for adoption under the law of any part of the United Kingdom, with such modifications as the regulations may prescribe.
(1)Regulations under section 80A shall provide—
(a)that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied if he had not been absent;
(b)that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and
(c)that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80D(1).
(2)The reference in subsection (1)(c) to absence on leave under section 80A includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—
(a)maternity leave,
(b)adoption leave, and
(c)parental leave.
(3)Subsection (1) shall apply to regulations under section 80B as it applies to regulations under section 80A.
(4)In the application of subsection (1)(c) to regulations under section 80B, the reference to absence on leave under that section includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—
(a)maternity leave,
(b)adoption leave,
(c)parental leave, and
(d)leave under section 80A.
(5)In subsection (1)(a), “terms and conditions of employment”—
(a)includes matters connected with an employee’s employment whether or not they arise under his contract of employment, but
(b)does not include terms and conditions about remuneration.
(6)Regulations under section 80A or 80B may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.
(7)Regulations under section 80A or 80B may make provision, in relation to the right to return mentioned in subsection (1)(c), about—
(a) seniority, pension rights and similar rights;
(b)terms and conditions of employment on return.
(1)Regulations under section 80A or 80B may make provision about—
(a)redundancy, or
(b)dismissal (other than by reason of redundancy),
during a period of leave under that section.
(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 10).
Regulations under section 80A or 80B may—
(a)make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers;
(b)make provision requiring employers or employees to keep records;
(c)make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;
(d)make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);
(e)make special provision for cases where an employee has a right which corresponds to a right under section 80A or 80B and which arises under his contract of employment or otherwise;
(f)make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work on leave under section 80A or 80B;
(g)make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 80A or 80B;
(h)make different provision for different cases or circumstances.”
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: