Section 26 | Dismissal during pregnancy

(1)Part 5B of the Employment Rights Act 1996 (redundancy during a protected period of pregnancy) is amended as follows.

(2)Section 49D (redundancy during a protected period of pregnancy) is amended in accordance with subsections (3) to (5).

(3)In the heading, after “Redundancy” insert “or dismissal”.

(4)After subsection (1) insert—

(1A)The Secretary of State may, by regulations, make provision about dismissal (other than by reason of redundancy) during, or after, a protected period of pregnancy.

(5)In subsection (3), after “subsection (1)” insert “or (1A)”.

(6)After section 49D insert—

49ESection 49D: supplemental

(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 section 49D and which arises under a contract of employment or otherwise;

(e)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 during, or after, a protected period of pregnancy;

(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 during, or after, a protected period of pregnancy;

(g)make different provision for different cases or circumstances.

(7)In the heading of Part 5B, after “Redundancy” insert “or dismissal”.