PART IIE+W+S MATERNITY LEAVE

Redundancy [F1: pregnancy and] maternity leaveE+W+S

10.—[F2(1) This regulation applies where it is not practicable by reason of redundancy for an employer to continue to employ an employee under her existing contract of employment during—

(a)the protected period of pregnancy;

(b)the statutory maternity leave period; or

(c)the additional protected period.

(1A) For the purposes of paragraph (1)(a) the protected period of pregnancy—

(a)begins, subject to paragraph (c), when the employer is informed of the pregnancy which may be after the end of the pregnancy,

(b)ends—

(i)if the employee has the right to statutory maternity leave, on the day on which the statutory maternity leave period commences, or

(ii)if the employee does not have the right to statutory maternity leave, at the end of the period of two weeks beginning with the end of the pregnancy, but,

(c)does not begin if the employer is informed of the pregnancy on or after the day on which, had the employer been informed of the pregnancy earlier, the protected period of pregnancy would have ended in accordance with either paragraph (b)(i) or (ii).

(1B) For the purposes of paragraph (1)(c) the additional protected period—

(a)begins with the day after the last day of the employee’s statutory maternity leave period;

(b)continues during any period of continuous employment that includes the statutory maternity leave period referred to in sub-paragraph (a); and

(c)ends immediately before the relevant day.

(1C) For the purposes of paragraph (1B)(c) the relevant day—

(a)where paragraph (1D) does not apply, is the day after a period of 18 months beginning with the first day of the expected week of childbirth;

(b)where paragraph (1D) applies, is the day after a period of 18 months beginning with the day that childbirth occurred.

(1D) This paragraph applies where, before the end of the statutory maternity leave period or, if that is not reasonably practicable, as soon as is reasonably practicable thereafter, the employer has been notified by the employee of the day that childbirth occurred.

(1E) Notification under paragraph (1D) must be given in writing if the employer so requests.]

(2) Where there is a suitable available vacancy, the employee is entitled to be offered (before the end of her employment under her existing contract) alternative employment with her employer or his successor, or an associated employer, under a new contract of employment which complies with paragraph (3) (and takes effect immediately on the ending of her employment under the previous contract).

(3) The new contract of employment must be such that—

(a)the work to be done under it is of a kind which is both suitable in relation to the employee and appropriate for her to do in the circumstances, and

(b)its provisions as to the capacity and place in which she is to be employed, and as to the other terms and conditions of her employment, are not substantially less favourable to her than if she had continued to be employed under the previous contract.

Textual Amendments