Employment Protection (Consolidation) Act 1978

[61 Dismissal of replacement. E+W+S

(1) Where an employer—

(a) on engaging an employee informs the employee in writing that his employment will be terminated on the [F1 resumption of work by] another employee who is, or will be, absent wholly or partly because of pregnancy or [F1 childbirth]; 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 [F2 or 45] of another employee; and

(b) dismisses the first-mentioned employee in order to make it possible to allow the [F3 resumption 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

F1 Words 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.

F2 Words 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.

F3 Words 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)

C1 Ss. 57-61 modified (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 239(3)(a), 302.