OpenLegislation

Section 80D Special casesF1

England, Wales and Scotland

(1)

Regulations under section F280A F3 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.

(F41A)

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 F5, 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) F6or (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).

F7(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 F8where 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..

Annotations

Textual amendments

F1

Pt. 8 Ch. 3 inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 1; S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2

F2

Words in s. 80D(1) substituted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 11, 19, Sch. 1 para. 37; S.I. 2010/495, art. 3(c)

F3

Words in s. 80D(1) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 35; S.I. 2014/1640, art. 7(q) (with art. 16)

F4

S. 80D(1A) inserted (29.12.2025) by Paternity Leave (Bereavement) Act 2024 (c. 17), ss. 1(4)(a), 2(2); S.I. 2025/1342, reg. 2

F5

Words in s. 80D(1A)(b) inserted (6.1.2026) by Employment Rights Act 2025 (c. 36), ss. 27(5)(a), 159(3); S.I. 2026/3, reg. 2(12)(b)

F6

Words in s. 80D(2) inserted (29.12.2025) by Paternity Leave (Bereavement) Act 2024 (c. 17), ss. 1(4)(b), 2(2); S.I. 2025/1342, reg. 2

F7

S. 80D(3) inserted (29.12.2025) by Paternity Leave (Bereavement) Act 2024 (c. 17), ss. 1(4)(c), 2(2); S.I. 2025/1342, reg. 2

F8

Words in s. 80D(3) substituted (6.1.2026) by Employment Rights Act 2025 (c. 36), ss. 27(5)(b), 159(3); S.I. 2026/3, reg. 2(12)(b)

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 VIII

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)