Employment Rights Act 1996 ss.57A and 99
Maternity and Parental Leave etc Regulations 1999, SI 1999/3312 reg 20
Paternity and Adoption Leave Regulations 2002 SI 2002/2788 reg 29


BASIC POSITION

CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

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-

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).


FINISH>
reviewed Nov2010
back to top