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Section 66 Meaning of suspension on maternity grounds.C1C2C3C4

(1)

For the purposes of this Part an employee is suspended from work on maternity grounds if, in consequence of any relevant requirement or relevant recommendation, she is suspended from work by her employer on the ground that she is pregnant, has recently given birth or is breastfeeding a child.

(2)

In subsection (1)—

  • “relevant requirement” means a requirement imposed by or under a specified provision of an enactment or of an instrument made under an enactment, and

  • “relevant recommendation” means a recommendation in a specified provision of a code of practice issued or approved under section 16 of the M1Health and Safety at Work etc. Act 1974;

and in this subsection “specified provision” means a provision for the time being specified in an order made by the Secretary of State under this subsection.

(3)

For the purposes of this Part an employee shall be regarded as suspended from work on maternity grounds only if and for so long as she—

(a)

continues to be employed by her employer, but

(b)

is not provided with work or (disregarding alternative work for the purposes of section 67) does not perform the work she normally performed before the suspension.

Annotations

Marginal citations

M1

1974 c. 37.

Modifications

C1

Ss. 66-68, 70-71, 92-93, Pt. X (ss. 94-134) modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch. (which S.I. was revoked (1.9.1999) by S.I. 1999/2256, art. 1(2))

C2

Ss. 66-68 modified (E.W.) (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

C3

Ss. 66-68 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.

C4

Ss. 66-68 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), arts. 1(1), 3, {Sch. }

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)