The combined effect of various pieces of legislation is that, it is normally automatically unfair dismissal if a person is dismissed for a reason relating to-
(a) pregnancy, childbirth or maternity;
(b) the taking of ordinary maternity leave or compulsory maternity leave or additional maternity leave;
(c) the taking of parental leave , or
(d) the taking of time off under section ERA 1996 s.57A (see Time off work/for looking after dependants )
(e) the taking of paternity leave
(f) the taking of adoption leave .
There is an exception in specific circumstances if it would be impractical to take the employee back. Although the dismissal will not then be automatically unfair dismissal it still may be unfair dismissal on normal principles (see Unfair dismissal/fair or unfair? ).
Some of the regulations use feminine or masculine references but this is irrelevant as words importing the feminine gender automatically include the masculine and vice versa unless specific provision is made to the contrary (Interpretation Act 1978, s.6).
reviewed Nov2010
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