Employment Rights Act 1996

[F1 99 Leave for family reasons. E+W+S

(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if—

(a) the reason or principal reason for the dismissal is of a prescribed kind, or

(b) the dismissal takes place in prescribed circumstances.

(2) In this section “ prescribed ” means prescribed by regulations made by the Secretary of State.

(3) A reason or set of circumstances prescribed under this section must relate to—

(a) pregnancy, childbirth or maternity,

[F2 (aa) time off under section 57ZE,]

[F3 (ab) time off under section 57ZJ or 57ZL,]

(b) ordinary, compulsory or additional maternity leave,

[F4 (ba) ordinary or additional adoption leave,]

[F5 (bb) shared parental leave,]

(c) parental leave,

[F6 [F7 (ca) ordinary or additional paternity leave, or]]

(d) time off under section 57A;

and it may also relate to redundancy or other factors.

(4) A reason or set of circumstances prescribed under subsection (1) satisfies subsection (3)(c) or (d) if it relates to action which an employee—

(a) takes,

(b) agrees to take, or

(c) refuses to take,

under or in respect of a collective or workforce agreement which deals with parental leave.

(5) Regulations under this section may—

(a) make different provision for different cases or circumstances;

(b) apply any enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to persons regarded as unfairly dismissed by reason of this section.]

Textual Amendments

F1 S. 99 substituted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 16; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)

F2 S. 99(3)(aa) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 127(2)(b), 139(6); S.I. 2014/1640, art. 3(1)(i)

F3 S. 99(3)(ab) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 128(2)(c), 139(6); S.I. 2014/1640, art. 3(1)(j)

F4 S. 99(3)(ba) inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 33(2); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2

F5 S. 99(3)(bb) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 39(a); S.I. 2014/1640, art. 3(2)(i)

F6 S. 99(3)(ca) substituted (8.12.2002) for the word "or" by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 33(3); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2

F7 S. 99(3)(ca) substituted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 11, 19, Sch. 1 para. 41; S.I. 2010/495, art. 3(c)