Law

Employment Rights Act 1996

United Kingdom · statute

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In force since 2026-10-30, as the publisher states.

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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 439 provisions
  1. Title and introductory text
  2. 1 Statement of initial employment particulars.
  3. 2 Statement of initial particulars: supplementary.
  4. 3 Note about disciplinary procedures and pensions.
  5. 4 Statement of changes.
  6. 5 Exclusion from rights to statements.
  7. 6 Reasonably accessible document or collective agreement.
  8. 7 Power to require particulars of further matters.
  9. 7A Use of alternative documents to give particulars
  10. 7B Giving of alternative documents before start of employment
  11. 8 Itemised pay statement.
  12. 9 Standing statement of fixed deductions.
  13. 10 Power to amend provisions about pay and standing statements.
  14. 11 References to employment tribunals.
  15. 12 Determination of references.
  16. 13 Right not to suffer unauthorised deductions.
  17. 14 Excepted deductions.
  18. 15 Right not to have to make payments to employer.
  19. 16 Excepted payments.
  20. 17 Introductory.
  21. 18 Limits on amount and time of deductions.
  22. 19 Wages determined by reference to shortages etc.
  23. 20 Limits on method and timing of payments.
  24. 21 Limit on amount of payments.
  25. 22 Final instalments of wages.
  26. 23 Complaints to employment tribunals.
  27. 24 Determination of complaints.
  28. 25 Determinations: supplementary.
  29. 26 Complaints and other remedies.
  30. 27 Meaning of “wages” etc.
  31. 27A Exclusivity terms unenforceable in zero hours contracts
  32. 27B Power to make further provision in relation to zero hours workers
  33. 27BA Right for qualifying workers to be offered guaranteed hours
  34. 27BB Requirements relating to a guaranteed hours offer
  35. 27BC Requirements relating to a guaranteed hours offer: supplementary
  36. 27BD Guaranteed hours offer: exceptions to duty to make offer and withdrawal of offer
  37. 27BE Acceptance or rejection of a guaranteed hours offer
  38. 27BF Information about rights conferred by Chapter 2
  39. 27BG Complaints to employment tribunals: grounds
  40. 27BH Complaints to employment tribunals: time limits
  41. 27BI Remedies
  42. 27BJ Right to reasonable notice of a shift
  43. 27BK Right to reasonable notice of cancellation of or change to a shift
  44. 27BL Sections 27BJ and 27BK: supplementary
  45. 27BM Interaction with Chapter 4
  46. 27BN Complaints to employment tribunals
  47. 27BO Remedies
  48. 27BP Right to payment for a cancelled, moved or curtailed shift
  49. 27BQ Regulations under section 27BP: supplementary
  50. 27BR Exceptions to duty to make payment for a cancelled, moved or curtailed shift
  51. 27BS Contractual remuneration
  52. 27BT Complaints to employment tribunal
  53. 27BU Remedies
  54. 27BV Agency workers
  55. 27BW Zero hours workers, etc
  56. 27BX Agency workers
  57. 27BY Supplementary provision
  58. 27BZ Regulations
  59. 27BZ1 Interpretation
  60. 27BZ2 Interpretation
  61. 27BZ3 Regulations
  62. 27C Qualifying tips, gratuities and service charges
  63. 27D How tips etc must be dealt with
  64. 27E Non-public places of business
  65. 27F Independent troncs
  66. 27G When tips etc must be dealt with
  67. 27H Agency workers
  68. 27I Written policy
  69. 27J Records
  70. 27K Complaints to employment tribunal about tips etc
  71. 27L Determination of complaints about tips etc
  72. 27M Compensation: dealing with tips etc
  73. 27N Complaints to employment tribunal about information
  74. 27O Determination of complaints about information
  75. 27P Issue of code of practice
  76. 27Q Procedure for issue of code of practice
  77. 27R Consequential revision of code of practice
  78. 27S Revocation of code of practice
  79. 27T Failure to comply with code of practice
  80. 27U No restitution claims by employer
  81. 27V Relationship with contractual rights
  82. 27W Restrictions on contracting out of this Part
  83. 27X Interpretation
  84. 27Y Application
  85. 28 Right to guarantee payment.
  86. 29 Exclusions from right to guarantee payment.
  87. 30 Calculation of guarantee payment.
  88. 31 Limits on amount of and entitlement to guarantee payment.
  89. 32 Contractual remuneration.
  90. 33 Power to modify provisions about guarantee payments.
  91. 34 Complaints to employment tribunals.
  92. 35 Exemption orders.
  93. 36 Protected shop workers and betting workers.
  94. 37 Contractual requirements relating to Sunday work.
  95. 38 Contracts with guaranteed hours.
  96. 39 Reduction of pay etc.
  97. 40 Notice of objection to Sunday working.
  98. 41 Opted-out shop workers and betting workers.
  99. 41A Notice of objection by shop workers to working additional hours on Sunday
  100. 41B Explanatory statement: persons who become shop workers
  101. 41C Explanatory statement: shop workers at commencement date
  102. 41D Failure to give explanatory statement under section 41B or 41C
  103. 42 Explanatory statement : betting workers.
  104. 43 Contractual requirements relating to Sunday work : opting-out notices.
  105. 43ZA Contractual requirements relating to working additional hours on Sundays: objection notices
  106. 43ZB Interpretation
  107. 43A Meaning of “protected disclosure”.
  108. 43B Disclosures qualifying for protection.
  109. 43C Disclosure to employer or other responsible person.
  110. 43D Disclosure to legal adviser.
  111. 43E Disclosure to Minister of the Crown.
  112. 43F Disclosure to prescribed person.
  113. 43FA Prescribed persons: duty to report on disclosures of information
  114. 43G Disclosure in other cases.
  115. 43H Disclosure of exceptionally serious failure.
  116. 43J Contractual duties of confidentiality.
  117. 43K Extension of meaning of “worker” etc. for Part IVA.
  118. 43KA Application of this Part and related provisions to police
  119. 43L Other interpretative provisions.
  120. 43M Jury service
  121. 44 Health and safety cases.
  122. 45 Sunday working for shop and betting workers.
  123. 45ZA Sunday working for shop workers: additional hours
  124. 45A Working time cases.
  125. 46 Trustees of occupational pension schemes.
  126. 47 Employee representatives.
  127. 47A Employees exercising right to time off work for study or training.
  128. 47B Protected disclosures.
  129. 47C Leave for family and domestic reasons.
  130. 47D Tax credits
  131. 47E Flexible working
  132. 47F Study and training
  133. 47G Employee shareholder status
  134. 48 Complaints to employment tribunals.
  135. 49 Remedies.
  136. 49A Application to police of section 44 and related provisions.
  137. 49B Regulations prohibiting discrimination because of protected disclosure
  138. 49D Redundancy or dismissal during a protected period of pregnancy
  139. 49E Section 49D: supplemental
  140. 50 Right to time off for public duties.
  141. 51 Complaints to employment tribunals.
  142. 52 Right to time off to look for work or arrange training.
  143. 53 Right to remuneration for time off under section 52.
  144. 54 Complaints to employment tribunals.
  145. 55 Right to time off for ante-natal care.
  146. 56 Right to remuneration for time off under section 55.
  147. 57 Complaints to employment tribunals.
  148. 57ZA Right to time off for ante-natal care (agency workers)
  149. 57ZB Right to remuneration for time off under section 57ZA
  150. 57ZC Complaint to employment tribunal: agency workers
  151. 57ZD Agency workers: supplementary
  152. 57ZE Right to time off to accompany to ante-natal appointment
  153. 57ZF Complaint to employment tribunal
  154. 57ZG Right to time off to accompany to ante-natal appointment: agency workers
  155. 57ZH Complaint to employment tribunal: agency workers
  156. 57ZI Agency workers: supplementary
  157. 57ZJ Right to paid time off to attend adoption appointments
  158. 57ZK Right to remuneration for time off under section 57ZJ
  159. 57ZL Right to unpaid time off to attend adoption appointments
  160. 57ZM Complaint to employment tribunal
  161. 57ZN Right to paid time off to attend adoption appointments: agency workers
  162. 57ZO Right to remuneration for time off under section 57ZN
  163. 57ZP Right to unpaid time off to attend adoption meetings: agency workers
  164. 57ZQ Complaint to employment tribunal: agency workers
  165. 57ZR Agency workers: supplementary
  166. 57ZS Placement of looked after children with prospective adopters
  167. 57A Time off for dependants.
  168. 57B Complaint to employment tribunal.
  169. 58 Right to time off for pension scheme trustees.
  170. 59 Right to payment for time off under section 58.
  171. 60 Complaints to employment tribunals.
  172. 61 Right to time off for employee representatives.
  173. 62 Right to remuneration for time off under section 61.
  174. 63 Complaints to employment tribunals.
  175. 63A Right to time off for young person in Wales or Scotland for study or training.
  176. 63B Right to remuneration for time off under section 63A.
  177. 63C Complaints to employment tribunals.
  178. 63D Statutory right to make request in relation to study or training
  179. 63E Section 63D application: supplementary
  180. 63F Employer's duties in relation to application
  181. 63G Regulations about dealing with applications
  182. 63H Employee's duties in relation to agreed study or training
  183. 63I Complaints to employment tribunals
  184. 63J Remedies
  185. 63K Supplementary
  186. 64 Right to remuneration on suspension on medical grounds.
  187. 65 Exclusions from right to remuneration.
  188. 66 Meaning of suspension on maternity grounds.
  189. 67 Right to offer of alternative work.
  190. 68 Right to remuneration.
  191. 68A Meaning of ending the supply of an agency worker on maternity grounds
  192. 68B Right to offer of alternative work
  193. 68C Right to remuneration
  194. 68D Agency workers: supplementary
  195. 69 Calculation of remuneration.
  196. 69A Calculation of remuneration (agency workers)
  197. 70 Complaints to employment tribunals.
  198. 70A Complaints to employment tribunals: agency workers
  199. 71
  200. 72 Compulsory maternity leave.
  201. 73 Additional maternity leave.
  202. 74 Redundancy and dismissal.
  203. 75 Sections 71 to 73: supplemental.
  204. 75A Ordinary adoption leave
  205. 75B Additional adoption leave
  206. 75C Redundancy and dismissal
  207. 75D Chapter 1A: supplemental
  208. 75E Entitlement to shared parental leave: birth
  209. 75F Entitlement to leave under section 75E: further provision
  210. 75G Entitlement to shared parental leave: adoption
  211. 75H Entitlement to leave under section 75G: further provision
  212. 75I Rights during and after shared parental leave
  213. 75J Redundancy and dismissal
  214. 75K Chapter 1B: supplemental
  215. 76 Entitlement to parental leave.
  216. 77 Rights during and after parental leave.
  217. 78 Special cases.
  218. 79 Supplemental.
  219. 80 Complaint to employment tribunal.
  220. 80A Entitlement to ... paternity leave: birth
  221. 80AA Entitlement to additional paternity leave: birth
  222. 80B Entitlement to ... paternity leave: adoption
  223. 80BB Entitlement to additional paternity leave: adoption
  224. 80C Rights during and after paternity leave
  225. 80D Special cases
  226. 80E Chapter 3: supplemental
  227. 80EA Parental bereavement Bereavement leave
  228. 80EB Rights during and after bereavement leave
  229. 80EC Special cases
  230. 80ED Chapter 4: supplemental
  231. 80EE Application in relation to stillbirths
  232. 80EF Neonatal care leave
  233. 80EG Rights during and after neonatal care leave
  234. 80EH Special cases
  235. 80EI Chapter 5: supplemental
  236. 80F Statutory right to request contract variation
  237. 80G Employer’s duties in relation to application under section 80F
  238. 80H Complaints to employment tribunals
  239. 80I Remedies
  240. 80J Carer’s leave
  241. 80K Rights during and after carer’s leave
  242. 80L Special cases
  243. 80M Part 8B: supplemental
  244. 80N Complaint to employment tribunal
  245. 86 Rights of employer and employee to minimum notice.
  246. 87 Rights of employee in period of notice.
  247. 88 Employments with normal working hours.
  248. 89 Employments without normal working hours.
  249. 90 Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.
  250. 91 Supplementary.
  251. 92 Right to written statement of reasons for dismissal.
  252. 93 Complaints to employment tribunal.
  253. 94 The right.
  254. 95 Circumstances in which an employee is dismissed.
  255. 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  256. 97 Effective date of termination.
  257. 98 General.
  258. 98ZA No normal retirement age: dismissal before 65
  259. 98ZB No normal retirement age: dismissal at or after 65
  260. 98ZC Normal retirement age: dismissal before retirement age
  261. 98ZD Normal retirement age 65 or higher: dismissal at or after retirement age
  262. 98ZE Normal retirement age below 65: dismissal at or after retirement age
  263. 98ZF Reason for dismissal: particular matters
  264. 98ZG Retirement dismissals: fairness
  265. 98ZH Interpretation
  266. 98A Procedural fairness
  267. 98B Jury service
  268. 99 Leave for family reasons.
  269. 100 Health and safety cases.
  270. 101 Shop workers and betting workers who refuse Sunday work.
  271. 101ZA Shop workers who refuse to work additional hours on Sunday
  272. 101A Working time cases.
  273. 102 Trustees of occupational pension schemes.
  274. 103 Employee representatives.
  275. 103A Protected disclosure.
  276. 104 Assertion of statutory right.
  277. 104A The national minimum wage.
  278. 104B Tax credits
  279. 104C Flexible working
  280. 104D Pension enrolment
  281. 104E Study and training
  282. 104F Blacklists
  283. 104G Employee shareholder status
  284. 104I Contracts of employment: restricted variations
  285. 104J Contracts of employment: variations that are not restricted variations
  286. 104K Redundancy: replacement of employees with people who are not employees
  287. 105 Redundancy.
  288. 106 Replacements.
  289. 107 Pressure on employer to dismiss unfairly.
  290. 108 Qualifying period of employment.
  291. 109 Upper age limit.
  292. 110 Dismissal procedures agreements.
  293. 111 Complaints to employment tribunal.
  294. 111A Confidentiality of negotiations before termination of employment
  295. 112 The remedies: orders and compensation.
  296. 113 The orders.
  297. 114 Order for reinstatement.
  298. 115 Order for re-engagement.
  299. 116 Choice of order and its terms.
  300. 117 Enforcement of order and compensation.
  301. 118 General.
  302. 119 Basic award.
  303. 120 Basic award: minimum in certain cases.
  304. 121 Basic award of two weeks’ pay in certain cases.
  305. 122 Basic award: reductions.
  306. 123 Compensatory award.
  307. 124 Limit of compensatory award etc.
  308. 124A Adjustments under the Employment Act 2002
  309. 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  310. 126 Acts which are both unfair dismissal and discrimination.
  311. 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  312. 127A Internal appeal procedures.
  313. 127B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  314. 128 Interim relief pending determination of complaint.
  315. 129 Procedure on hearing of application and making of order.
  316. 130 Order for continuation of contract of employment.
  317. 131 Application for variation or revocation of order.
  318. 132 Consequence of failure to comply with order.
  319. 133 Death of employer or employee.
  320. 134 Teachers in aided schools.
  321. 134A Application to police.
  322. 135 The right.
  323. 136 Circumstances in which an employee is dismissed.
  324. 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  325. 138 No dismissal in cases of renewal of contract or re-engagement.
  326. 139 Redundancy.
  327. 140 Summary dismissal.
  328. 141 Renewal of contract or re-engagement.
  329. 142 Employee anticipating expiry of employer’s notice.
  330. 143 Strike during currency of employer’s notice.
  331. 144 Provisions supplementary to section 143.
  332. 145 The relevant date.
  333. 146 Provisions supplementing sections 138 and 141.
  334. 147 Meaning of “lay-off” and “short-time”.
  335. 148 Eligibility by reason of lay-off or short-time.
  336. 149 Counter-notices.
  337. 150 Resignation.
  338. 151 Dismissal.
  339. 152 Likelihood of full employment.
  340. 153 The relevant date.
  341. 154 Provisions supplementing sections 148 and 152.
  342. 155 Qualifying period of employment.
  343. 156 Upper age limit.
  344. 157 Exemption orders.
  345. 158 Pension rights.
  346. 159 Public offices etc.
  347. 160 Overseas government employment.
  348. 161 Domestic servants.
  349. 162 Amount of a redundancy payment.
  350. 163 References to employment tribunals.
  351. 164 Claims for redundancy payment.
  352. 165 Written particulars of redundancy payment.
  353. 166 Applications for payments.
  354. 167 Making of payments.
  355. 168 Amount of payments.
  356. 169 Information relating to applications for payments.
  357. 170 References to employment tribunals.
  358. 171 Employment not under contract of employment.
  359. 172 Termination of employment by statute.
  360. 173 Employees paid by person other than employer.
  361. 174 Death of employer: dismissal.
  362. 175 Death of employer: lay-off and short-time.
  363. 176 Death of employee.
  364. 177 References to employment tribunals.
  365. 178 Old statutory compensation schemes.
  366. 179 Notices.
  367. 180 Offences.
  368. 181 Interpretation.
  369. 182 Employee’s rights on insolvency of employer.
  370. 183 Insolvency.
  371. 184 Debts to which Part applies.
  372. 185 The appropriate date.
  373. 186 Limit on amount payable under section 182.
  374. 187 Role of relevant officer.
  375. 188 Complaints to employment tribunals.
  376. 189 Transfer to Secretary of State of rights and remedies.
  377. 190 Power to obtain information.
  378. 191 Crown employment.
  379. 192 Armed forces.
  380. 193 National security.
  381. 194 House of Lords staff.
  382. 195 House of Commons staff.
  383. 196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  384. 197 Fixed-term contracts.
  385. 198 Short-term employment.
  386. 199 Mariners.
  387. 200 Police officers.
  388. 201 Power to extend employment legislation to offshore employment.
  389. 202 National security.
  390. 202A Contractual duties of confidentiality relating to harassment and discrimination
  391. 203 Restrictions on contracting out.
  392. 204 Law governing employment.
  393. 205 Remedy for infringement of certain rights.
  394. 205A Employee shareholders
  395. 206 Institution or continuance of tribunal proceedings.
  396. 207 Rights and liabilities accruing after death.
  397. 207A Extension of time limits because of mediation in certain cross-border disputes
  398. 207B Extension of time limits to facilitate conciliation before institution of proceedings
  399. 208 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  400. 209 Powers to amend Act.
  401. 210 Introductory.
  402. 211 Period of continuous employment.
  403. 212 Weeks counting in computing period.
  404. 213 Intervals in employment.
  405. 214 Special provisions for redundancy payments.
  406. 215 Employment abroad etc.
  407. 216 Industrial disputes.
  408. 217 Reinstatement after military service.
  409. 218 Change of employer.
  410. 219 Reinstatement or re-engagement of dismissed employee.
  411. 220 Introductory.
  412. 221 General.
  413. 222 Remuneration varying according to time of work.
  414. 223 Supplementary.
  415. 224 Employments with no normal working hours.
  416. 225 Rights during employment.
  417. 226 Rights on termination.
  418. 227 Maximum amount.
  419. 228 New employments and other special cases.
  420. 229 Supplementary.
  421. 230 Employees, workers etc.
  422. 231 Associated employers.
  423. 232 Shop workers.
  424. 233 Betting workers
  425. 234 Normal working hours.
  426. 235 Other definitions.
  427. 236 Orders and regulations.
  428. 237 Financial provisions.
  429. 238 Reciprocal arrangements with Northern Ireland.
  430. 239 Reciprocal arrangements with Isle of Man.
  431. 240 Consequential amendments.
  432. 241 Transitionals, savings and transitory provisions.
  433. 242 Repeals and revocations.
  434. 243 Commencement.
  435. 244 Extent.
  436. 245 Short title.
  437. SCHEDULE 1 Consequential amendments
  438. SCHEDULE 2 Transitional provisions, savings and transitory provisions
  439. SCHEDULE 3 Repeals and revocations

Proposed changes to this act

No one has proposed a change to this act yet.

439 provisions

73 Additional maternity leave.

(1) An employee who satisfies prescribed conditions may be absent from work at any time during an additional maternity leave period. (2) An additional maternity leave period is a period calculated in accordance with regulations made by the Secretary of State. (3) Regulations under subsection (2)— (a) may allow an employee to bring forward the date on which an additional maternity leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions; (aa) may allow an employee in prescribed circumstances to revoke, or to be treated as revoking, the bringing forward of that date; (b) may specify circumstances in which an employee may work for her employer during an additional maternity leave period without bringing the period to an end. (3A) Provision under subsection (3)(a) is to secure that an employee may bring forward the date on which an additional maternity leave period ends only if the employee or another person has taken, or is taking, prescribed steps as regards leave under section 75E or statutory shared parental pay in respect of the child. (4) Subject to section 74, an employee who exercises her right under subsection (1)— (a) is entitled, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if she had not been absent, (b) is bound, for such purposes and to such extent as may be prescribed, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1)), and (c) is entitled to return from leave to a job of a prescribed kind. (5) In subsection (4)(a) “terms and conditions of employment”— (a) includes matters connected with an employee’s employment whether or not they arise under her contract of employment, but (b) does not include terms and conditions about remuneration. (5A) In subsection (4)(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to additional maternity leave and partly to ordinary maternity leave. (6) The Secretary of State may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this section. (7) The Secretary of State may make regulations making provision, in relation to the right to return under subsection (4)(c), about— (a) seniority, pension rights and similar rights; (b) terms and conditions of employment on return.

Propose a change

74 Redundancy and dismissal.

(1) Regulations under section 71 or 73 may make provision about redundancy during , or after, an ordinary or additional maternity leave period. (2) Regulations under section 71 or 73 may make provision about dismissal (other than by reason of redundancy) during , or after, an ordinary or additional maternity leave period. (3) Regulations made by virtue of subsection (1) or (2) may include— (a) provision requiring an employer to offer alternative employment; (b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part X). (4) Regulations under section 71 or 73 may make provision— (a) for section 71(4)(c) or 73(4)(c) not to apply in specified cases, and (b) about dismissal at the conclusion of an ordinary or additional maternity leave period.

Propose a change

75 Sections 71 to 73: supplemental.

(1) Regulations under section 71, 72 or 73 may— (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers; (b) make provision for the consequences of failure to give notices, to produce evidence or to comply with other procedural requirements; (c) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a); (d) make special provision for cases where an employee has a right which corresponds to a right under this Chapter and which arises under her contract of employment or otherwise; (e) make provision modifying the effect of Chapter II of Part XIV (calculation of a week’s pay) in relation to an employee who is or has been absent from work on ordinary or additional maternity leave; (f) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to a person entitled to ordinary, compulsory or additional maternity leave; (g) make different provision for different cases or circumstances. (2) In sections 71 to 73 “ prescribed ” means prescribed by regulations made by the Secretary of State.

Propose a change

75A Ordinary adoption leave

(1) An employee who satisfies prescribed conditions may be absent from work at any time during an ordinary adoption leave period. (1A) The conditions that may be prescribed under subsection (1) include conditions as to— (a) being a local authority foster parent; (b) being approved as a prospective adopter; (c) being notified by a local authority in England that a child is to be, or is expected to be, placed with the employee under section 22C of the Children Act 1989. being notified— (i) by a local authority in England that a child is to be, or is expected to be, placed with the employee under section 22C of the Children Act 1989; (ii) by a local authority in Wales that a child is to be, or is expected to be, placed with the employee under section 81 of the Social Services and Well-being (Wales) Act 2014. (2) An ordinary adoption leave period is a period calculated in accordance with regulations made by the Secretary of State. (2A) Regulations under subsection (2)— (a) may allow an employee to bring forward the date on which an ordinary adoption leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions; (b) may allow an employee in prescribed circumstances to revoke, or to be treated as revoking, the bringing forward of that date; (c) may specify circumstances in which an employee may work for his employer during an ordinary adoption leave period without bringing the period to an end. (2B) Provision under subsection (2A)(a) is to secure that an employee may bring forward the date on which an ordinary adoption leave period ends only if the employee or another person has taken, or is taking, prescribed steps as regards leave under section 75G or statutory shared parental pay in respect of the child. (3) Subject to section 75C, an employee who exercises his right under subsection (1)— (a) is entitled, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if he had not been absent, (b) is bound, for such purposes and to such extent as may be prescribed, by any obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1)), and (c) is entitled to return from leave to a job of a prescribed kind. (4) In subsection (3)(a) “ terms and conditions of employment ”— (a) includes matters connected with an employee’s employment whether or not they arise under his contract of employment, but (b) does not include terms and conditions about remuneration. (5) In subsection (3)(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to ordinary adoption leave and partly to maternity leave. (6) The Secretary of State may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this section. (7) The Secretary of State may make regulations making provision, in relation to the right to return under subsection (3)(c), about— (a) seniority, pension rights and similar rights; (b) terms and conditions of employment on return. (8) The Secretary of State may by regulations provide for this section to have effect, with such modifications as the regulations may prescribe, in relation to— (a) cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, (b) cases which involve an employee who has applied, or intends to apply, for a parental order under section 54A of that Act and a child who is, or will be, the subject of the order.

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75B Additional adoption leave

(1) An employee who satisfies prescribed conditions may be absent from work at any time during an additional adoption leave period. (2) An additional adoption leave period is a period calculated in accordance with regulations made by the Secretary of State. (3) Regulations under subsection (2)— (a) may allow an employee to bring forward the date on which an additional adoption leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions; (aa) may allow an employee in prescribed circumstances to revoke, or to be treated as revoking, the bringing forward of that date; (b) may specify circumstances in which an employee may work for his employer during an additional adoption leave period without bringing the period to an end. (3A) Provision under subsection (3)(a) is to secure that an employee may bring forward the date on which an additional adoption leave period ends only if the employee or another person has taken, or is taking, prescribed steps as regards leave under section 75G or statutory shared parental pay in respect of the child. (4) Subject to section 75C, an employee who exercises his right under subsection (1)— (a) is entitled, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if he had not been absent, (b) is bound, for such purposes and to such extent as may be prescribed, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1)), and (c) is entitled to return from leave to a job of a prescribed kind. (5) In subsection (4)(a) “ terms and conditions of employment ”— (a) includes matters connected with an employee’s employment whether or not they arise under his contract of employment, but (b) does not include terms and conditions about remuneration. (6) In subsection (4)(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to additional adoption leave and partly to— (a) maternity leave, or (b) ordinary adoption leave, or to both. (7) The Secretary of State may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this section. (8) The Secretary of State may make regulations making provision, in relation to the right to return under subsection (4)(c), about— (a) seniority, pension rights and similar rights; (b) terms and conditions of employment on return. (9) The Secretary of State may by regulations provide for this section to have effect, with such modifications as the regulations may prescribe, in relation to— (a) cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, (b) cases which involve an employee who has applied, or intends to apply, for a parental order under section 54A of that Act and a child who is, or will be, the subject of the order.

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75C Redundancy and dismissal

(1) Regulations under section 75A or 75B may make provision about— (a) redundancy during, or after, an ordinary or additional adoption leave period, or (b) dismissal (other than by reason of redundancy) during , or after, an ordinary or additional adoption leave period. (2) Regulations made by virtue of subsection (1) may include— (a) provision requiring an employer to offer alternative employment; (b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10). (3) Regulations under section 75A or 75B may make provision— (a) for section 75A(3)(c) or 75B(4)(c) not to apply in specified cases, and (b) about dismissal at the conclusion of an ordinary or additional adoption leave period.

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75D Chapter 1A: supplemental

(1) Regulations under section 75A or 75B may— (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers; (b) make provision requiring employers or employees to keep records; (c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements; (d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a); (e) make special provision for cases where an employee has a right which corresponds to a right under this Chapter and which arises under his contract of employment or otherwise; (f) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work on ordinary or additional adoption leave; (g) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to a person entitled to ordinary or additional adoption leave; (h) make different provision for different cases or circumstances. (1A) Where section 75A or 75B has effect in relation to such cases as are described in section 75A(8) or 75B(9), regulations under section 75A or 75B about evidence to be produced may require statutory declarations as to— (a) eligibility to apply for a parental order under section 54 or 54A of the Human Fertilisation and Embryology Act 2008; (b) intention to apply for such an order. (2) In sections 75A and 75B “ prescribed ” means prescribed by regulations made by the Secretary of State.

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75E Entitlement to shared parental leave: birth

(1) The Secretary of State may make regulations entitling an employee who satisfies specified conditions— (a) as to duration of employment, (b) as to being, or expecting to be, the mother of a child, (c) as to caring or intending to care, with another person (“P”), for the child, (d) as to entitlement to maternity leave, (e) as to the exercise of that entitlement and the extent of any such exercise, (f) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and (g) as to the consent of P to the amount of leave under this subsection that the employee intends to take, to be absent from work on leave under this subsection for the purpose of caring for the child. (2) Regulations under subsection (1) may provide that the employee's entitlement is subject to the satisfaction by P of specified conditions— (a) as to employment or self-employment, (b) as to having earnings of a specified amount for a specified period, (c) as to caring or intending to care, with the employee, for the child, and (d) as to relationship with the child or the employee. (3) Provision under subsection (1)(f) may require the employee to give notice to the employer about— (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of P to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay); (b) how much of the entitlement to leave the employee intends to exercise; (c) the extent to which P intends to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay. (4) The Secretary of State may make regulations entitling an employee who satisfies specified conditions— (a) as to duration of employment, (b) as to relationship with a child or expected child or with the child's mother, (c) as to caring or intending to care, with the child's mother, for the child, (d) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and (e) as to the consent of the child's mother to the amount of leave under this subsection that the employee intends to take, to be absent from work on leave under this subsection for the purpose of caring for the child. (5) Regulations under subsection (4) may provide that the employee's entitlement is subject to the satisfaction by the child's mother of specified conditions— (a) as to employment or self-employment, (b) as to having earnings of a specified amount for a specified period, (c) as to caring or intending to care, with the employee, for the child, (d) as to entitlement (or lack of entitlement) to maternity leave, statutory maternity pay or maternity allowance, and (e) as to the exercise of any such entitlement and the extent of any such exercise. (6) Provision under subsection (4)(d) may require the employee to give notice to the employer about— (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of the child's mother to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay); (b) how much of the entitlement to leave the employee intends to exercise; (c) the extent to which the child's mother intends to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay.

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75F Entitlement to leave under section 75E: further provision

(1) Regulations under section 75E are to include provision for determining— (a) the amount of leave under section 75E(1) or (4) to which an employee is entitled in respect of a child; (b) when leave under section 75E(1) or (4) may be taken. (2) Provision under subsection (1)(a) is to secure that the amount of leave to which an employee is entitled in respect of a child does not exceed— (a) in a case where the child's mother became entitled to maternity leave, the relevant amount of time reduced by— (i) where her maternity leave ends without her ordinary or additional maternity leave period having been curtailed by virtue of section 71(3)(ba) or 73(3)(a), the amount of maternity leave taken by the child's mother, or (ii) except where sub-paragraph (i) applies, the amount of time between the beginning of her maternity leave and the time when her ordinary or additional maternity leave period, as curtailed by virtue of section 71(3)(ba) or 73(3)(a), comes to an end; (b) in a case where the child's mother became entitled to statutory maternity pay or maternity allowance but not maternity leave, the relevant amount of time reduced by an amount determined in accordance with paragraph (a) or, as the case may be, paragraph (b) of section 171ZU(6) of the Social Security Contributions and Benefits Act 1992. (3) In subsection (2) “ the relevant amount of time ” means an amount of time specified in or determined in accordance with regulations under section 75E. (4) Provision under subsection (1)(a) is to secure that the amount of leave that an employee is entitled to take in respect of a child takes into account— (a) in a case where another person is entitled to leave under section 75E in respect of the child, the amount of such leave taken by the other person; (b) in a case where another person is entitled to statutory shared parental pay in respect of the child but not leave under section 75E, the number of weeks in respect of which such pay is payable to the other person. (5) In reckoning for the purposes of subsection (2) the amount of maternity leave taken, a part of a week is to be treated as a full week. (6) In reckoning for the purposes of subsection (4) the amount of leave under section 75E taken during a period of such leave, a part of a week is to be treated as a full week. (7) Provision under subsection (1)(b) is to secure that leave under section 75E must be taken before the end of such period as may be specified by the regulations. (8) Regulations under section 75E are to provide for the taking of leave under section 75E in a single period or in non-consecutive periods. (9) Regulations under section 75E may— (a) provide for an employer, subject to such restrictions as may be specified, to require an employee who proposes to take non-consecutive periods of leave under section 75E to take that amount of leave as a single period of leave; (b) provide for a single period of leave that is so imposed on an employee to start with a day proposed by the employee or, if no day is proposed, with the first day of the first period of leave proposed by the employee. (10) Regulations under section 75E may provide for the variation, subject to such restrictions as may be specified, of— (a) the period or periods during which an amount of leave under section 75E may be taken; (b) the amount of leave under section 75E that the employee previously specified in accordance with provision under section 75E(3)(b) or (6)(b) or subsection (13)(b) of this section. (11) Provision under subsection (10)(a) may provide for variation to be subject to the consent of an employer in circumstances specified by the regulations. (12) Provision under subsection (10)(b) may require an employee to satisfy specified conditions— (a) as to giving notice of an intention to vary the amount of leave under section 75E to be taken by the employee; (b) if the employee proposes to vary the amount of leave under section 75E(1) to be taken by the employee, as to the consent of P to that variation; (c) if the employee proposes to vary the amount of leave under section 75E(4) to be taken by the employee, as to the consent of the child's mother to that variation. (13) Provision under subsection (12)(a) may require an employee to give notice to the employer about— (a) the extent to which the employee has exercised an entitlement to leave under section 75E(1) or (4) in respect of the child; (b) how much of the entitlement to leave the employee intends to exercise; (c) the extent to which a person other than the employee has exercised an entitlement to leave under section 75E or to statutory shared parental pay in respect of the child; (d) the extent to which a person other than the employee intends to exercise such an entitlement. (14) Regulations under section 75E may— (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child; (b) make provision excluding the right to be absent on leave under section 75E in respect of a child where more than one child is born as a result of the same pregnancy; (c) specify a minimum amount of leave under section 75E which may be taken; (d) make provision about how leave under section 75E may be taken; (e) specify circumstances in which an employee may work for the employer during a period of leave under section 75E without bringing the particular period of leave, or the employee's entitlement to leave under section 75E, to an end; (f) specify circumstances in which an employee may be absent on leave under section 75E otherwise than for the purpose of caring for a child without bringing the person's entitlement to leave under section 75E to an end. (15) In this section “ week ” means any period of seven days. (16) The Secretary of State may by regulations provide that the following do not have effect, or have effect with modifications specified by the regulations, in a case where the mother of a child dies before another person has become entitled to leave under section 75E in respect of the child— (a) section 75E(4)(b), (c) and (e); (b) section 75E(5); (c) section 75E(6)(c); (d) subsection (12)(c); (e) subsection (13)(c) and (d).

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75G Entitlement to shared parental leave: adoption

(1) The Secretary of State may make regulations entitling an employee who satisfies specified conditions— (a) as to duration of employment, (b) as to being a person with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom, (c) as to caring or intending to care, with another person (“P”), for the child, (d) as to entitlement to adoption leave, (e) as to the exercise of that entitlement and the extent of any such exercise, (f) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and (g) as to the consent of P to the amount of leave under this subsection that the employee intends to take, to be absent from work on leave under this subsection for the purpose of caring for the child. (2) Regulations under subsection (1) may provide that the employee's entitlement is subject to the satisfaction by P of specified conditions— (a) as to employment or self-employment, (b) as to having earnings of a specified amount for a specified period, (c) as to caring or intending to care, with the employee, for the child, and (d) as to relationship with the child or the employee. (3) Provision under subsection (1)(f) may require the employee to give notice to the employer about— (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of P to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay); (b) how much of the entitlement to leave the employee intends to exercise; (c) the extent to which P intends to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay. (4) The Secretary of State may make regulations entitling an employee who satisfies specified conditions— (a) as to duration of employment, (b) as to relationship with a child placed, or expected to be placed, for adoption under the law of any part of the United Kingdom or with a person (“A”) with whom the child is, or is expected to be, so placed, (c) as to caring or intending to care, with A, for the child, (d) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and (e) as to the consent of A to the amount of leave under this subsection that the employee intends to take, to be absent from work on leave under this subsection for the purpose of caring for the child. (5) Regulations under subsection (4) may provide that the employee's entitlement is subject to the satisfaction by A of specified conditions— (a) as to employment or self-employment, (b) as to having earnings of a specified amount for a specified period, (c) as to caring or intending to care, with the employee, for the child, (d) as to entitlement (or lack of entitlement) to adoption leave or statutory adoption pay, and (e) as to the exercise of any such entitlement and the extent of any such exercise. (6) Provision under subsection (4)(d) may require the employee to give notice to the employer about— (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of A to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay); (b) how much of the entitlement to leave the employee intends to exercise; (c) the extent to which A intends to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay. (7) Regulations under subsections (1) and (4) are to provide for leave in respect of a child placed, or expected to be placed, under section 22C of the Children Act 1989 by a local authority in England with a local authority foster parent who has been approved as a prospective adopter. Regulations under subsections (1) and (4) are to provide for leave in respect of a child placed, or expected to be placed— (a) under section 22C of the Children Act 1989 by a local authority in England, or (b) under section 81 of the Social Services and Well-being (Wales) Act 2014 by a local authority in Wales, with a local authority foster parent who has been approved as a prospective adopter. (8) This section and section 75H have effect in relation to regulations made by virtue of subsection (7) as if references to a child being placed for adoption under the law of any part of the United Kingdom were references to being placed under section 22C of the Children Act 1989, or section 81 of the Social Services and Well-being (Wales) Act 2014 with a local authority foster parent who has been approved as a prospective adopter.

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75H Entitlement to leave under section 75G: further provision

(1) Regulations under section 75G are to include provision for determining— (a) the amount of leave under section 75G(1) or (4) to which an employee is entitled in respect of a child; (b) when leave under section 75G(1) or (4) may be taken. (2) Provision under subsection (1)(a) is to secure that the amount of leave to which an employee is entitled in respect of a child does not exceed— (a) in a case where a person with whom the child is, or is expected to be, placed for adoption became entitled to adoption leave, the relevant amount of time reduced by— (i) where the person's adoption leave ends without the person's ordinary or additional adoption leave period having been curtailed by virtue of section 75A(2A)(a) or 75B(3)(a), the amount of adoption leave taken by that person, or (ii) except where sub-paragraph (i) applies, the amount of time between the beginning of the person's adoption leave and the time when the person's ordinary or additional adoption leave period, as curtailed by virtue of section 75A(2A)(a) or 75B(3)(a), comes to an end; (b) in a case where a person with whom the child is, or is expected to be, placed for adoption became entitled to statutory adoption pay but not adoption leave, the relevant amount of time reduced by an amount determined in accordance with paragraph (a) or, as the case may be, paragraph (b) of section 171ZV(6) of the Social Security Contributions and Benefits Act 1992. (3) In subsection (2) “ the relevant amount of time ” means an amount of time specified in or determined in accordance with regulations under section 75G. (4) Provision under subsection (1)(a) is to secure that the amount of leave that an employee is entitled to take in respect of a child takes into account— (a) in a case where another person is entitled to leave under section 75G in respect of the child, the amount of such leave taken by the other person; (b) in a case where another person is entitled to statutory shared parental pay in respect of the child but not leave under section 75G, the number of weeks in respect of which such pay is payable to the other person. (5) In reckoning for the purposes of subsection (2) the amount of adoption leave taken, a part of a week is to be treated as a full week. (6) In reckoning for the purposes of subsection (4) the amount of leave under section 75G taken during a period of such leave, a part of a week is to be treated as a full week. (7) Provision under subsection (1)(b) is to secure that leave under section 75G must be taken before the end of such period as may be prescribed by the regulations. (8) Regulations under section 75G are to provide for the taking of leave under section 75G in a single period or in non-consecutive periods. (9) Regulations under section 75G may— (a) provide for an employer, subject to such restrictions as may be specified, to require an employee who proposes to take non-consecutive periods of leave under section 75G to take that amount of leave as a single period of leave, and (b) provide for a single period of leave that is so imposed on an employee to start with a day proposed by the employee or, if no day is proposed, with the first day of the first period of leave proposed by the employee. (10) Regulations under section 75G may provide for the variation, subject to such restrictions as may be specified, of— (a) the period or periods during which an amount of leave under section 75G is to be taken; (b) the amount of leave under section 75G that the employee previously specified in accordance with provision under section 75G(3)(b) or (6)(b) or subsection (13)(b) of this section. (11) Provision under subsection (10)(a) may provide for variation to be subject to the consent of an employer in circumstances specified by the regulations. (12) Provision under subsection (10)(b) may require an employee to satisfy specified conditions— (a) as to giving notice of an intention to vary the amount of leave under section 75G to be taken by the employee; (b) if the employee proposes to vary the amount of leave under section 75G(1) to be taken by the employee, as to the consent of P to that variation; (c) if the employee proposes to vary the amount of leave under section 75G(4) to be taken by the employee, as to the consent of A to that variation. (13) Provision under subsection (12)(a) may require an employee to give notice to the employer about— (a) the extent to which the employee has exercised an entitlement to leave under section 75G(1) or (4) in respect of the child; (b) how much of the entitlement to leave the employee intends to exercise; (c) the extent to which a person other than the employee has exercised an entitlement to leave under section 75G or to statutory shared parental pay in respect of the child; (d) the extent to which a person other than the employee intends to exercise such an entitlement. (14) Regulations under section 75G may— (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child; (b) make provision excluding the right to be absent on leave under section 75G in respect of a child where more than one child is placed for adoption as part of the same arrangement; (c) specify a minimum amount of leave under section 75G which may be taken; (d) make provision about how leave under section 75G may be taken; (e) specify circumstances in which an employee may work for the employer during a period of leave under section 75G without bringing the particular period of leave, or the employee's entitlement to leave under section 75G, to an end; (f) specify circumstances in which an employee may be absent on leave under section 75G otherwise than for the purpose of caring for a child without bringing the person's entitlement to leave under section 75G to an end. (15) In this section “ week ” means any period of seven days. (16) The Secretary of State may by regulations provide that the following do not have effect, or have effect with modifications specified by the regulations, in a case where a person who is taking adoption leave or is entitled to be paid statutory adoption pay in respect of a child dies before another person has become entitled to leave under section 75G in respect of the child— (a) section 75G(4)(b), (c) and (e); (b) section 75G(5); (c) section 75G(6)(c); (d) subsection (12)(c); (e) subsection (13)(c) and (d). (17) The Secretary of State may by regulations provide for section 75G and this section to have effect in relation to cases which involve adoption, but not the placement of a child for adoption under the law of any part of the United Kingdom, with such modifications as the regulations may prescribe. (18) The Secretary of State may by regulations provide for section 75G and this section to have effect in relation to cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, with such modifications as the regulations may prescribe.

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75I Rights during and after shared parental leave

(1) Regulations under section 75E or 75G are to provide— (a) that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied if the employee had not been absent; (b) that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions, except in so far as they are inconsistent with section 75E(1) or (4) or 75G(1) or (4), as the case may be; and (c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by the regulations, subject to section 75J(1). (2) In subsection (1)(a) “terms and conditions of employment”— (a) includes matters connected with an employee's employment whether or not they arise under the employee's contract of employment, but (b) does not include terms and conditions about remuneration. (3) The reference in subsection (1)(c) to absence on leave under section 75E or 75G includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under one of those sections and partly to any one or more of the following— (a) leave under the other of those sections, (b) maternity leave, (c) paternity leave, (d) adoption leave, ... (e) parental leave, ... (f) parental bereavement leave. , and (g) neonatal care leave. (4) Regulations under section 75E or 75G may specify matters which are, or are not, to be treated as remuneration for the purposes of this section. (5) Regulations under section 75E or 75G may make provision, in relation to the right to return mentioned in subsection (1)(c), about— (a) seniority, pension rights and similar rights; (b) terms and conditions of employment on return.

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75J Redundancy and dismissal

(1) Regulations under section 75E or 75G may make provision about— (a) redundancy during, or after, a period of leave under that section, or (b) dismissal (other than by reason of redundancy) during , or after, a period of leave under that section. (2) Provision made by virtue of subsection (1) may include— (a) provision requiring an employer to offer alternative employment; (b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10).

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75K Chapter 1B: supplemental

(1) Regulations under section 75E or 75G may— (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by— (i) employees, (ii) employers, and (iii) relevant persons; (b) make provision requiring such persons to keep records; (c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements; (d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a); (e) make special provision for cases where an employee has a right which corresponds to a right under section 75E or 75G and which arises under the employee's contract of employment or otherwise; (f) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week's pay) in relation to an employee who is or has been absent from work on leave under section 75E or 75G; (g) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 75E or 75G. (2) In subsection (1) “ relevant person ” means— (a) a person who, in connection with an employee's claim to be entitled to leave under section 75E or 75G, is required to satisfy conditions specified in provision under section 75E(2) or (5) or 75G(2) or (5), or (b) a person who is an employer or former employer of such a person. (3) In subsection (2)(b) “ employer ”, in relation to a person falling within subsection (2)(a) who is an employed earner, includes a person who is a secondary contributor as regards that employed earner. (4) The conditions as to employment or self-employment that may be specified in provision under section 75E(2) or (5) or 75G(2) or (5) include conditions as to being in employed or self-employed earner's employment. (5) In subsections (3) and (4)— “employed earner” and “self-employed earner” have the meaning given by section 2 of the Social Security Contributions and Benefits Act 1992, subject for these purposes to the effect of regulations made under section 2(2)(b) of that Act (persons who are to be treated as employed or self-employed earners); “employment”, in the case of employment as an employed or self-employed earner, has the meaning given by section 122 of that Act; “secondary contributor”, as regards an employed earner, means a person who— is indicated by section 7(1) of that Act, as that subsection has effect subject to section 7(2) of that Act, as being a secondary contributor as regards the earner, or is indicated by regulations under section 7(2) of that Act as being a person to be treated as a secondary contributor as regards the earner. (6) Regulations under any of sections 75E to 75H may make different provision for different cases or circumstances. (7) Where sections 75G and 75H have effect in relation to such cases as are described in section 75H(18), regulations under section 75G about evidence to be produced may require statutory declarations as to— (a) eligibility to apply for a parental order; (b) intention to apply for such an order.

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76 Entitlement to parental leave.

(1) The Secretary of State shall make regulations entitling an employee who satisfies specified conditions— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) as to having, or expecting to have, responsibility for a child, to be absent from work on parental leave for the purpose of caring for a child. (2) The regulations shall include provision for determining— (a) the extent of an employee’s entitlement to parental leave in respect of a child; (b) when parental leave may be taken. (3) Provision under subsection (2)(a) shall secure that where an employee is entitled to parental leave in respect of a child he is entitled to a period or total period of leave of at least three months; but this subsection is without prejudice to any provision which may be made by the regulations for cases in which— (a) a person ceases to satisfy conditions under subsection (1); (b) an entitlement to parental leave is transferred. (4) Provision under subsection (2)(b) may, in particular, refer to— (a) a child’s age, or (b) a specified period of time starting from a specified event. (5) Regulations under subsection (1) may— (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child; (b) require parental leave to be taken as a single period of absence in all cases or in specified cases; (c) require parental leave to be taken as a series of periods of absence in all cases or in specified cases; (d) require all or specified parts of a period of parental leave to be taken at or by specified times; (e) make provision about the postponement by an employer of a period of parental leave which an employee wishes to take; (f) specify a minimum or maximum period of absence which may be taken as part of a period of parental leave. (g) specify a maximum aggregate of periods of parental leave which may be taken during a specified period of time.

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77 Rights during and after parental leave.

(1) Regulations under section 76 shall provide— (a) that an employee who is absent on parental leave is entitled, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if he had not been absent, (b) that an employee who is absent on parental leave is bound, for such purposes and to such extent as may be prescribed, by any obligations arising under those terms and conditions (except in so far as they are inconsistent with section 76(1)), and (c) that an employee who is absent on parental leave is entitled, subject to section 78(1), to return from leave to a job of such kind as the regulations may specify. (2) In subsection (1)(a) “terms and conditions of employment”— (a) includes matters connected with an employee’s employment whether or not they arise under a contract of employment, but (b) does not include terms and conditions about remuneration. (3) Regulations under section 76 may specify matters which are, or are not, to be treated as remuneration for the purposes of subsection (2)(b) above. (4) The regulations may make provision, in relation to the right to return mentioned in subsection (1)(c), about— (a) seniority, pension rights and similar rights; (b) terms and conditions of employment on return.

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78 Special cases.

(1) Regulations under section 76 may make provision— (a) about redundancy during a period of parental leave; (b) about dismissal (other than by reason of redundancy) during a period of parental leave. (2) Provision by virtue of subsection (1) may include— (a) provision requiring an employer to offer alternative employment; (b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part X). (3) Regulations under section 76 may provide for an employee to be entitled to choose to exercise all or part of his entitlement to parental leave— (a) by varying the terms of his contract of employment as to hours of work, or (b) by varying his normal working practice as to hours of work, in a way specified in or permitted by the regulations for a period specified in the regulations. (4) Provision by virtue of subsection (3)— (a) may restrict an entitlement to specified circumstances; (b) may make an entitlement subject to specified conditions (which may include conditions relating to obtaining the employer’s consent); (c) may include consequential and incidental provision. (5) Regulations under section 76 may make provision permitting all or part of an employee’s entitlement to parental leave in respect of a child to be transferred to another employee in specified circumstances. (6) The reference in section 77(1)(c) to absence on parental leave includes, where appropriate, a reference to a continuous period of absence attributable partly to parental leave and partly to— (a) maternity leave, or (b) adoption leave, or to both. (7) Regulations under section 76 may provide for specified provisions of the regulations not to apply in relation to an employee if any provision of his contract of employment— (a) confers an entitlement to absence from work for the purpose of caring for a child, and (b) incorporates or operates by reference to all or part of a collective agreement, or workforce agreement, of a kind specified in the regulations.

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79 Supplemental.

(1) Regulations under section 76 may, in particular— (a) make provision about notices to be given and evidence to be produced by employees to employers, by employers to employees, and by employers to other employers; (b) make provision requiring employers or employees to keep records; (c) make provision about other procedures to be followed by employees and employers; (d) make provision (including provision creating criminal offences) specifying the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements; (e) make provision specifying the consequences of failure to act in accordance with a notice given by virtue of paragraph (a); (f) make special provision for cases where an employee has a right which corresponds to a right conferred by the regulations and which arises under his contract of employment or otherwise; (g) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to a person entitled to parental leave; (h) make different provision for different cases or circumstances. (2) The regulations may make provision modifying the effect of Chapter II of Part XIV (calculation of a week’s pay) in relation to an employee who is or has been absent from work on parental leave. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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80 Complaint to employment tribunal.

(1) An employee may present a complaint to an employment tribunal that his employer— (a) has unreasonably postponed a period of parental leave requested by the employee, or (b) has prevented or attempted to prevent the employee from taking parental leave. (2) An employment tribunal shall not consider a complaint under this section unless it is presented— (a) before the end of the period of six months beginning with the date (or last date) of the matters complained of, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of six months. (2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (2)(a). (3) Where an employment tribunal finds a complaint under this section well-founded it— (a) shall make a declaration to that effect, and (b) may make an award of compensation to be paid by the employer to the employee. (4) The amount of compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to— (a) the employer’s behaviour, and (b) any loss sustained by the employee which is attributable to the matters complained of.

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80A Entitlement to ... paternity leave: birth

(1) The Secretary of State shall make regulations entitling an employee who satisfies specified conditions— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) as to relationship with a newborn, or expected, child, and (c) as to relationship with the child’s mother, to be absent from work on leave under this section for the purpose of caring for the child or supporting the mother. (2) The regulations shall include provision for determining— (a) the extent of an employee’s entitlement to leave under this section in respect of a child; (b) when leave under this section may be taken. (3) Provision under subsection (2)(a) shall secure that where an employee is entitled to leave under this section in respect of a child he is entitled to at least two weeks’ leave. (4) Provision under subsection (2)(b) shall secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child’s birth. (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Regulations under subsection (1) may— (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child or supporting the child’s mother; (b) make provision excluding the right to be absent on leave under this section in respect of a child where more than one child is born as a result of the same pregnancy; (c) make provision about how leave under this section may be taken. (6) Where more than one child is born as a result of the same pregnancy, the reference in subsection (4) to the date of the child’s birth shall be read as a reference to the date of birth of the first child born as a result of the pregnancy. (6A) In relation to cases where a child’s mother dies, this section has effect as if— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) after subsection (1) there were inserted— (1A) But in a case where both the child and the mother die, the regulations may provide that an employee who satisfies those conditions is entitled to leave under this section despite the fact that the leave cannot be taken for that purpose. ; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In this section— “newborn child” includes a child stillborn after twenty-four weeks of pregnancy; “week” means any period of seven days.

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80AA Entitlement to additional paternity leave: birth

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80B Entitlement to ... paternity leave: adoption

(1) The Secretary of State shall make regulations entitling an employee who satisfies specified conditions— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) as to relationship with a child placed, or expected to be placed, for adoption under the law of any part of the United Kingdom, and (c) as to relationship with a person with whom the child is, or is expected to be, so placed for adoption, to be absent from work on leave under this section for the purpose of caring for the child or supporting the person by reference to whom he satisfies the condition under paragraph (c). (2) The regulations shall include provision for determining— (a) the extent of an employee’s entitlement to leave under this section in respect of a child; (b) when leave under this section may be taken. (3) Provision under subsection (2)(a) shall secure that where an employee is entitled to leave under this section in respect of a child he is entitled to at least two weeks’ leave. (4) Provision under subsection (2)(b) shall secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child’s placement for adoption. (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Regulations under subsection (1) may— (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child or supporting a person with whom a child is placed for adoption; (aa) make provision excluding the right to be absent on leave under this section in the case of an employee who, by virtue of provision under subsection (6A), has already exercised a right to be absent on leave under this section in connection with the same child; (b) make provision excluding the right to be absent on leave under this section in the case of an employee who exercises a right to be absent from work on adoption leave; (ba) make provision excluding the right to be absent on leave under this section in the case of an employee who has exercised a right to take time off under section 57ZJ; (c) make provision excluding the right to be absent on leave under this section in respect of a child where more than one child is placed for adoption as part of the same arrangement; (d) make provision about how leave under this section may be taken. (6) Where more than one child is placed for adoption as part of the same arrangement, the reference in subsection (4) to the date of the child’s placement shall be read as a reference to the date of placement of the first child to be placed as part of the arrangement. (6A) Regulations under subsection (1) shall include provision for leave in respect of a child placed, or expected to be placed— (a) under section 22C of the Children Act 1989 by a local authority in England, or (b) under section 81 of the Social Services and Well-being (Wales) Act 2014 by a local authority in Wales, with a local authority foster parent who has been approved as a prospective adopter. (6B) This section has effect in relation to regulations made by virtue of subsection (6A) as if— (a) references to being placed for adoption were references to being placed under section 22C of the Children Act 1989 , or section 81 of the Social Services and Well-being (Wales) Act 2014 with a local authority foster parent who has been approved as a prospective adopter; (b) references to placement for adoption were references to placement under section 22C of the Children Act 1989, or section 81 of the Social Services and Well-being (Wales) Act 2014 with such a person; (c) paragraph (aa) of subsection (5) were omitted. (6C) In relation to cases where a person with whom a child is placed or expected to be placed for adoption dies, this section has effect as if— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) after subsection (1) there were inserted— (1A) But in a case where that person dies and the child— (a) dies, or (b) is, having been placed for adoption, returned, the regulations may provide that an employee who satisfies those conditions is entitled to leave under this section despite the fact that the leave cannot be taken for that purpose. ; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In this section, “week” means any period of seven days. (8) The Secretary of State may by regulations provide for this section to have effect in relation to cases which involve adoption, but not the placement of a child for adoption under the law of any part of the United Kingdom, with such modifications as the regulations may prescribe. (9) The Secretary of State may by regulations provide for this section to have effect in relation to cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, with such modifications as the regulations may prescribe.

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80BB Entitlement to additional paternity leave: adoption

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80C Rights during and after paternity leave

(1) Regulations under section 80A ... shall provide— (a) that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied if he had not been absent; (b) that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and (c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80D(1). (2) The reference in subsection (1)(c) to absence on leave under section 80A ... includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following— (za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (a) maternity leave, (b) adoption leave, ... (ba) shared parental leave, (bb) parental bereavement leave, (bc) neonatal care leave, and (c) parental leave. (3) Subsection (1) shall apply to regulations under section 80B ... as it applies to regulations under section 80A .... (4) In the application of subsection (1)(c) to regulations under section 80B ..., the reference to absence on leave under that section includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following— (za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (a) maternity leave, (b) adoption leave, (ba) shared parental leave, (bb) parental bereavement leave, (bc) neonatal care leave, (c) parental leave, and (d) leave under section 80A .... (5) In subsection (1)(a), “ terms and conditions of employment ”— (a) includes matters connected with an employee’s employment whether or not they arise under his contract of employment, but (b) does not include terms and conditions about remuneration. (6) Regulations under section 80A or 80B may specify matters which are, or are not, to be treated as remuneration for the purposes of this section. (7) Regulations under section 80A or 80B may make provision, in relation to the right to return mentioned in subsection (1)(c), about— (a) seniority, pension rights and similar rights; (b) terms and conditions of employment on return.

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80D Special cases

(1) Regulations under section 80A or 80B may make provision about— (a) redundancy, or (b) dismissal (other than by reason of redundancy), during a period of leave under that section. (1A) Regulations under section 80A or 80B may— (a) make provision specifying circumstances in which a bereaved employee may work for the employer during a period of leave under that section without bringing the particular period of leave, or the employee’s entitlement to leave under that section, to an end; (b) make provision about redundancy of a bereaved employee , or dismissal of a bereaved employee (other than by reason of redundancy), after a period of leave under that section. (2) Provision by virtue of subsection (1) or (1A)(b) may include— (a) provision requiring an employer to offer alternative employment; (b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10). (3) In subsection (1A), “bereaved employee” means an employee who— (a) takes leave under section 80A in a case where the child’s mother dies, or (b) takes leave under section 80B in a case where the relevant person dies. In paragraph (b) “the relevant person” means the person by reference to whom the employee satisfied the conditions specified by virtue of subsection (1)(c) of that section so as to entitle the employee to that leave..

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80E Chapter 3: supplemental

(1) Regulations under section 80A or 80B may— (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers; (b) make provision requiring employers or employees to keep records; (c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements; (d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a); (e) make special provision for cases where an employee has a right which corresponds to a right under section 80A or 80B and which arises under his contract of employment or otherwise; (f) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work on leave under section 80A or 80B; (g) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 80A or 80B; (h) make different provision for different cases or circumstances. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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80EA Parental bereavement Bereavement leave

(1) The Secretary of State must make regulations entitling an employee who is a bereaved parent bereaved person to be absent from work on leave under this section. (2) For the purposes of subsection (1) an employee is a “bereaved parent” if the employee satisfies conditions specified in the regulations as to relationship with a child who has died. (2) For the purposes of subsection (1) an employee is a “bereaved person” if the employee satisfies specified conditions as to relationship with a person who has died. (3) The conditions In a case where the person who has died is a child, the conditions specified under subsection (2) may be framed, in whole or in part, by reference to the employee's care of the child before the child's death. (3A) For the purposes of subsection (1) an employee is also a “bereaved person” if— (a) the employee has suffered a pregnancy loss of a specified kind, or (b) the employee satisfies specified conditions as to relationship with— (i) a person who has suffered a pregnancy loss of a specified kind, or (ii) a child who had been expected to be born had a pregnancy loss of a specified kind not occurred. (4) The regulations must include provision for determining— (a) the extent of an employee's entitlement to leave under this section in respect of a child; (b) when leave under this section may be taken. (5) Provision under subsection (4)(a) must secure that where an employee is entitled to leave under this section in respect of the death of a child the employee is entitled to at least two weeks' leave. (5A) Provision under subsection (4)(a) must secure that, where an employee is entitled to leave under this section otherwise than in respect of the death of a child, the employee is entitled to at least one week’s leave. (6) Provision under subsection (4)(b) must secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child's death the specified day. (7) The regulations must secure that where a person is eligible under subsection (1) as the result of the death of more than one child, the person is entitled to leave in respect of each child. (7) The regulations must secure that, where an employee is eligible under subsection (1) as the result of the death of more than one person, the employee is entitled to leave in respect of each person. (8) The regulations may make provision about how leave under this section is to be taken. (9) In this section— “child” means a person under the age of 18 (see also section 80EE for the application of this Chapter in relation to stillbirths after twenty-four weeks of pregnancy); “live birth” means the birth of a child born alive; “pregnancy loss” means— the ending of a pregnancy after less than twenty-four weeks of pregnancy in any way other than by a live birth, or the failure of an embryo to become implanted following a transfer carried out in the course of providing treatment services within the meaning of the Human Fertilisation and Embryology Act 1990; “specified” means specified in the regulations; “week” means any period of seven days.

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80EB Rights during and after bereavement leave

(1) Regulations under section 80EA must provide— (a) that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied but for the absence, (b) that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and (c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80EC(1). (2) The reference in subsection (1)(c) to absence on leave under section 80EA includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following— (a) maternity leave, (b) paternity leave, (c) adoption leave, (d) shared parental leave, ... (e) parental leave , and (f) neonatal care leave. (3) In subsection (1)(a), “terms and conditions of employment”— (a) includes matters connected with an employee's employment whether or not they arise under the contract of employment, but (b) does not include terms and conditions about remuneration. (4) Regulations under section 80EA may specify matters which are, or are not, to be treated as remuneration for the purposes of this section. (5) Regulations under section 80EA may make provision, in relation to the right to return mentioned in subsection (1)(c), about— (a) seniority, pension rights and similar rights; (b) terms and conditions of employment on return.

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80EC Special cases

(1) Regulations under section 80EA may make provision about— (a) redundancy, or (b) dismissal (other than by reason of redundancy), during a period of leave under that section. (2) Provision by virtue of subsection (1) may include— (a) provision requiring an employer to offer alternative employment; (b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10).

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80ED Chapter 4: supplemental

Regulations under section 80EA may— (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers; (b) make provision requiring employers or employees to keep records; (c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements; (d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a); (e) make special provision for cases where an employee has a right which corresponds to a right under section 80EA and which arises under the person's contract of employment or otherwise; (f) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week's pay) in relation to an employee who is or has been absent from work on leave under section 80EA; (g) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 80EA; (h) make different provision for different cases or circumstances; (i) make consequential provision.

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80EE Application in relation to stillbirths

In this Chapter— (a) references to a child include a child stillborn after twenty-four weeks of pregnancy, and (b) references to the death of a child are to be read, in relation to a stillborn child, as references to the birth of the child.

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80EF Neonatal care leave

(1) The Secretary of State must make regulations entitling an employee to be absent from work on leave under this section if the employee satisfies conditions specified in the regulations as to a parental or other personal relationship with a child who is receiving, or has received, neonatal care. (2) The regulations must include provision for determining— (a) the extent of an employee’s entitlement to leave under this section in respect of a child; (b) when leave under this section may be taken. (3) Provision under subsection (2)(a) must secure that where an employee is entitled to leave under this section in respect of a child the employee is entitled to at least a week’s leave. (4) Provision under subsection (2)(b) must secure that leave under this section must be taken before the end of a period of at least 68 weeks beginning with the date of the child’s birth. (5) An employee is entitled to leave under this section only if the neonatal care continues without interruption for a period of at least seven days beginning with the day after the day on which the care starts. (6) For the purposes of this Chapter, “neonatal care” means care— (a) of a medical or palliative kind specified in the regulations, and (b) that starts before the end of a period of 28 days beginning with the day after the date of the child’s birth. (7) Regulations under subsection (6)(a) may specify a kind of care by reference to the kind of place at which care is provided. (8) The regulations may make provision about how leave under this section is to be taken. (9) In this section “week” means any period of seven days.

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80EG Rights during and after neonatal care leave

(1) Regulations under section 80EF must provide— (a) that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied but for the absence, (b) that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and (c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80EH. (2) The reference in subsection (1)(c) to absence on leave under section 80EF includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following— (a) maternity leave, (b) paternity leave, (c) adoption leave, (d) shared parental leave, (e) parental leave, and (f) parental bereavement leave. (3) In subsection (1)(a), “terms and conditions of employment”— (a) includes matters connected with an employee’s employment whether or not they arise under the contract of employment, but (b) does not include terms and conditions about remuneration. (4) Regulations under section 80EF may specify matters which are, or are not, to be treated as remuneration for the purposes of this section. (5) Regulations under section 80EF may make provision, in relation to the right to return mentioned in subsection (1)(c), about— (a) seniority, pension rights and similar rights; (b) terms and conditions of employment on return.

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80EH Special cases

(1) Regulations under section 80EF may make provision about— (a) redundancy during or after a period of leave under that section, or (b) dismissal (other than by reason of redundancy) during or after a period of leave under that section. (2) Provision by virtue of subsection (1) may include— (a) provision requiring an employer to offer alternative employment; (b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10).

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80EI Chapter 5: supplemental

(1) Regulations under section 80EF may— (a) specify circumstances where neonatal care is to be regarded as continuous despite an interruption; (b) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers; (c) make provision requiring employers or employees to keep records; (d) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements; (e) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (b); (f) make special provision for cases where an employee has a right which corresponds to a right under section 80EF and which arises under the person’s contract of employment or otherwise; (g) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work on leave under section 80EF; (h) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 80EF; (i) make different provision for different cases or circumstances; (j) make consequential provision. (2) The cases or circumstances mentioned in subsection (1)(i) include— (a) more than one child (with whom an employee has a parental or other personal relationship) receiving neonatal care in specified circumstances; (b) a child receiving neonatal care on two or more separate occasions; and regulations may, in particular, make special provision regarding the applicability and extent of the entitlement to leave in such circumstances.

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80F Statutory right to request contract variation

(1) A qualifying employee may apply to his employer for a change in his terms and conditions of employment if— (a) the change relates to— (i) the hours he is required to work, (ii) the times when he is required to work, (iii) where, as between his home and a place of business of his employer, he is required to work, or (iv) such other aspect of his terms and conditions of employment as the Secretary of State may specify by regulations, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) An application under this section must— (a) state that it is such an application, and (b) specify the change applied for and the date on which it is proposed the change should become effective, ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) An employee may not— (a) make more than two applications under this section to the same employer during any period of 12 months; (b) make an application under this section to an employer if another such application to the same employer is proceeding. (4A) For the purposes of this section an application is “proceeding” during any of these periods— (a) the period— (i) beginning when the application is made, and (ii) ending when the application is concluded; (b) any period— (i) beginning when an appeal against a decision to refuse the application is brought, and (ii) ending when the appeal is concluded; (c) any period— (i) beginning when, in accordance with section 80G(1C)(b), the decision period for an application or appeal is extended with retrospective effect, and (ii) ending when the application or appeal is concluded. (4B) For the purposes of this section an application or appeal is “concluded” when any of these events occurs— (a) a decision is made on the application or appeal under section 80G; (b) the application or appeal is withdrawn; (c) the application or appeal is disposed of by agreement; (d) the decision period specified in section 80G for the application or appeal ends without a decision, withdrawal or agreed disposal. (5) The Secretary of State may by regulations make provision about— (a) the form of applications under this section, and (b) when such an application is to be taken as made. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) For the purposes of this section, an employee is— (a) a qualifying employee if he— (i) satisfies such conditions as to duration of employment as the Secretary of State may specify by regulations, and (ii) is not an agency worker (other than an agency worker who is returning to work from a period of parental leave under regulations under section 76); (b) an agency worker if he is supplied by a person (“ the agent ”) to do work for another (“ the principal ”) under a contract or other arrangement made between the agent and the principal. (9) Regulations under this section may make different provision for different cases. (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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80G Employer’s duties in relation to application under section 80F

(1) An employer to whom an application under section 80F is made— (a) shall deal with the application in a reasonable manner, (aza) shall not refuse the application unless the employee has been consulted about the application, (aa) shall notify the employee of the decision on the application within the decision period, and (b) shall only refuse the application because he considers that one or more of the following grounds applies— (i) the burden of additional costs, (ii) detrimental effect on ability to meet customer demand, (iii) inability to re-organise work among existing staff, (iv) inability to recruit additional staff, (v) detrimental impact on quality, (vi) detrimental impact on performance, (vii) insufficiency of work during the periods the employee proposes to work, (viii) planned structural changes, and (ix) such other grounds as the Secretary of State may specify by regulations. (b) may refuse the application only if— (i) the employer considers that the application should be refused on a ground or grounds listed in subsection (1ZA), and (ii) it is reasonable for the employer to refuse the application on that ground or those grounds. (1ZA) The grounds mentioned in subsection (1)(b) are— (a) the burden of additional costs; (b) detrimental effect on ability to meet customer demand; (c) inability to re-organise work among existing staff; (d) inability to recruit additional staff; (e) detrimental impact on quality; (f) detrimental impact on performance; (g) insufficiency of work during the periods the employee proposes to work; (h) planned structural changes; (i) any other grounds specified by the Secretary of State in regulations. (1ZB) If an employer refuses an application under section 80F, the notification under subsection (1)(aa) must— (a) state the ground or grounds for refusing the application, and (b) explain why the employer considers that it is reasonable to refuse the application on that ground or those grounds. (1A) If an employer allows an employee to appeal a decision to reject an application, the reference in subsection (1)(aa) to the decision on the application is a reference to— (a) the decision on the appeal, or (b) if more than one appeal is allowed, the decision on the final appeal. (1B) For the purposes of subsection (1)(aa) the decision period applicable to an employee's application under section 80F is— (a) the period of two months beginning with the date on which the application is made, or (b) such longer period as may be agreed by the employer and the employee. (1C) An agreement to extend the decision period in a particular case may be made— (a) before it ends, or (b) with retrospective effect, before the end of a period of three months beginning with the day after that on which the decision period that is being extended came to an end. (1D) An application under section 80F is to be treated as having been withdrawn by the employee if— (a) the employee without good reason has failed to attend both the first meeting arranged by the employer to discuss the application and the next meeting arranged for that purpose, or (b) where the employer allows the employee to appeal a decision to reject an application or to make a further appeal, the employee without good reason has failed to attend both the first meeting arranged by the employer to discuss the appeal and the next meeting arranged for that purpose, and the employer has notified the employee that the employer has decided to treat that conduct of the employee as a withdrawal of the application. (1E) The steps which an employer must take in order to comply with subsection (1)(aza) include, among others, any steps specified in regulations made by the Secretary of State. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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80H Complaints to employment tribunals

(1) An employee who makes an application under section 80F may present a complaint to an employment tribunal— (a) that his employer has failed in relation to the application to comply with act in accordance with section 80G(1), ... (b) that a decision by his employer to reject the application was based on incorrect facts, or (c) that the employer's notification under section 80G(1D) was given in circumstances that did not satisfy one of the requirements in section 80G(1D)(a) and (b). (2) No complaint under subsection (1)(a) or (b) may be made in respect of an application which has been disposed of by agreement or withdrawn. (3) In the case of an application which has not been disposed of by agreement or withdrawn, no complaint under subsection (1)(a) or (b) may be made until— (a) the employer notifies the employee of the employer's decision on the application, or (b) if the decision period applicable to the application (see section 80G(1B)) comes to an end without the employer notifying the employee of the employer's decision on the application, the end of the decision period. (3A) If an employer allows an employee to appeal a decision to reject an application, a reference in other subsections of this section to the decision on the application is a reference to the decision on the appeal or, if more than one appeal is allowed, the decision on the final appeal. (3B) If an agreement to extend the decision period is made as described in section 80G(1C)(b), subsection (3)(b) is to be treated as not allowing a complaint until the end of the extended period. (3C) A complaint under subsection (1)(c) may be made as soon as the notification under section 80G(1D) complained of is given to the employee. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) An employment tribunal shall not consider a complaint under this section unless it is presented— (a) before the end of the period of six months beginning with the relevant date, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of six months. (6) In subsection (5)(a), the reference to the relevant date is a reference to the first date on which the employee may make a complaint under subsection (1)(a), (b) or (c), as the case may be. (7) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (5)(a).

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80I Remedies

(1) Where an employment tribunal finds a complaint under section 80H well-founded it shall make a declaration to that effect and may— (a) make an order for reconsideration of the application, and (b) make an award of compensation to be paid by the employer to the employee. (2) The amount of compensation shall be such amount, not exceeding the permitted maximum, as the tribunal considers just and equitable in all the circumstances. (3) For the purposes of subsection (2), the permitted maximum is such number of weeks’ pay as the Secretary of State may specify by regulations. (4) Where an employment tribunal makes an order under subsection (1)(a), section 80G... shall apply as if the application had been made on the date of the order.

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80J Carer’s leave

(1) The Secretary of State must make regulations entitling an employee to be absent from work on leave under this section in order to provide or arrange care for a dependant with a long-term care need. (2) For the purposes of subsection (1)— (a) a person is a dependant of an employee if they— (i) are a spouse, civil partner, child or parent of the employee, (ii) live in the same household as the employee, otherwise than by reason of being the employee’s boarder, employee, lodger or tenant, or (iii) reasonably rely on the employee to provide or arrange care, and (b) a dependant of an employee has a long-term care need if— (i) they have an illness or injury (whether physical or mental) that requires, or is likely to require, care for more than three months, (ii) they have a disability for the purposes of the Equality Act 2010, or (iii) they require care for a reason connected with their old age. (3) The regulations must include provision for determining— (a) the extent of an employee’s entitlement to leave under this section; (b) when leave under this section may be taken. (4) Provision under subsection (3)(a) must secure that where an employee is entitled to leave under this section the employee is entitled to at least a week’s leave during any period of 12 months. (5) The regulations may make provision about how leave under this section is to be taken (including by providing for it to be taken non-continuously). (6) The regulations may provide that particular activities are, or are not, to be treated as providing or arranging care for the purposes of this Part.

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