6[F1(1)This paragraph applies where an employee has the right to return to work under section 39 and either her maternity leave period ends by reason of dismissal or she is dismissed after her maternity leave period.]
(2)For the purposes of sub-paragraph (1), an employee shall not be taken to be dismissed [F2after her maternity leave period] if the dismissal occurs in the course of the employee’s attempting to return to work in accordance with her contract in circumstances in which [F2section 44] applies.
(3)In the application of Part V of this Act to a dismissal to which this paragraph applies, the following provisions shall not apply, that is to say, sections F3. . . , 64, 65, 66, 141(2), [F4and 144(2)].
(4)Any such dismissal shall not affect the employee’s right to return to work, but—
(a)compensation in any unfair dismissal proceedings arising out of that dismissal shall be assessed without regard to the employee’s right to return; and
(b)that right shall be exercisable only on her repaying any redundancy payment or compensation for unfair dismissal paid in respect of that dismissal, if the employer requests such repayment.
Textual Amendments
F1Sch. 2 para. 6(1) substituted (10.6.1994) by 1993 c. 19, s. 49(2), Sch. 8 para. 26(d)(i); S.I. 1994/1365, art. 2, Sch.
F2Words in Sch. 2 para. 6(2) substituted (10.6.1994) by 1993 c. 19, s. 49(2), Sch. 8 para. 26(d)(ii); S.I. 1994/1365, art. 2, Sch.
F3Words in Sch. 1 Pt. III para. 6(3) repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1 (with savings in Sch. 3 para. 2).
F4Words substituted by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(4)(b)