Section 49D Redundancy or dismissal during a protected period of pregnancyF1F4
England, Wales and Scotland
The Secretary of State may, by regulations, make provision about redundancy during, or after, a protected period of pregnancy.
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.
A protected period of pregnancy is a period relating to the pregnancy of an employee that is calculated in accordance with regulations made by the Secretary of State.
Provision made by virtue of subsection (1) F3or (1A) may include—
provision requiring an employer to offer alternative employment;
provision for the consequences of failure to comply with the regulations (which may include provision for dismissal to be treated as unfair for the purposes of Part 10).
Provision made by virtue of subsection (2) may include provision for the protected period of pregnancy to begin after the end of the pregnancy.
Annotations
Textual amendments
- F1
Pt. 5B inserted (E.W.S.) (24.7.2023) by Protection from Redundancy (Pregnancy and Family Leave) Act 2023 (c. 17), ss. 1(2), 3(2)
- F2
S. 49D(1A) inserted (6.1.2026) by Employment Rights Act 2025 (c. 36), ss. 26(4), 159(3); S.I. 2026/3, reg. 2(11)
- F3
Words in s. 49D(3) inserted (6.1.2026) by Employment Rights Act 2025 (c. 36), ss. 26(5), 159(3); S.I. 2026/3, reg. 2(11)
- F4
Words in s. 49D heading inserted (6.1.2026) by Employment Rights Act 2025 (c. 36), ss. 26(3), 159(3); S.I. 2026/3, reg. 2(11)
Notes on the whole Act
Textual amendments
- F1
Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)
Notes on Part 5B
Textual amendments
- F2
Words in Pt. 5B heading inserted (6.1.2026) by Employment Rights Act 2025 (c. 36), ss. 26(7), 159(3); S.I. 2026/3, reg. 2(11)