Section 74 Redundancy and dismissal.F1

England, Wales and Scotland

(1)

Regulations under section 71 or 73 may make provision about redundancy during F2, 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 F3, 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 F471 or 73 may make provision—

(a)

for section F571(4)(c) or 73(4)(c) not to apply in specified cases, and

(b)

about dismissal at the conclusion of an F6ordinary or additional maternity leave period.

Annotations

Textual amendments

F1: Pt. 8 (ss. 71-80) substituted for Pt. 8 (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. 1; S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. 2 (with transitional provisions in Sch. 3 para. 10)
F2: Words in s. 74(1) inserted (24.7.2023) by Protection from Redundancy (Pregnancy and Family Leave) Act 2023 (c. 17), ss. 2(2), 3(2)
F3: Words in s. 74(2) inserted (6.1.2026) by Employment Rights Act 2025 (c. 36), ss. 27(2), 159(3); S.I. 2026/3, reg. 2(12)(b)
F4: Words in s. 74(4) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(5)(a); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3)
F5: Words in s. 74(4)(a) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(5)(b); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3)
F6: Words in s. 74(4)(b) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(5)(c); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3)

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)