Employment Rights Act 1996

Shop workers and betting workers to whom old maternity provisions applied

9 (1) This paragraph applies where an employee exercised a right to return to work under Part III of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 at a time when the amendments of that Part made by the Trade Union Reform and Employment Rights Act 1993 did not have effect in her case (so that her right was a right to return to work in the job in which she was employed under the original contract of employment).

(2) Section 36(4) shall have effect as if for paragraph (b) there were substituted—

“(b) under her original contract of employment, she was a shop worker, or a betting worker, but was not employed to work only on Sunday.”

(3) If the employee was employed as a shop worker under her original contract of employment, she shall not be regarded as failing to satisfy the condition in section 36(2)(a) or (c) or 41(1)(c) merely because during her pregnancy she was employed under a different contract of employment by virtue of section 60(2) of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (as it had effect before the commencement of section 24 of the [1993 c. 19.] Trade Union Reform and Employment Rights Act 1993) or otherwise by reason of her pregnancy.

(4) In this paragraph, and in section 36(4)(b) as substituted by sub-paragraph (2), “original contract of employment” has the meaning given by section 153(1) of the Employment Protection (Consolidation) Act 1978 as originally enacted.