Section 27 Dismissal following period of statutory family leaveI1

England, Wales and Scotland

Part 8 of the Employment Rights Act 1996 (leave for family reasons) is amended as follows.

I4(2)

In section 74 (maternity leave: redundancy and dismissal), in subsection (2), after “during” insert “, or after,”.

(3)

In section 75C (adoption leave: redundancy and dismissal), in subsection (1)(b), after “during” insert “, or after,”.

(4)

In section 75J (shared parental leave: redundancy and dismissal), in subsection (1)(b), after “during” insert “, or after,”.

(5)

In section 80D (paternity leave: special cases)—

(a)

in subsection (1A)(b), after “bereaved employee” insert “, or dismissal of a bereaved employee (other than by reason of redundancy),”;

(b)

in subsection (3)(b), for the words from “where” to the end substitute “where 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.”

I5(6)

In section 80EH (neonatal care leave: special cases), in subsection (1)(b), after “during” insert “or after”.

Annotations

Commencement

I1: S. 27 not in force at Royal Assent, see s. 159(3)
I2: S. 27(1) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(12)(a)
I3: S. 27(1)(6) in force at 6.4.2026 in so far as not already in force by S.I. 2026/323, reg. 3(1)(4)
I4: S. 27(2)-(5) in force at 6.1.2026 by S.I. 2026/3, reg. 2(12)(b)
I5: S. 27(6) in force at 6.1.2026 for specified purposes by S.I. 2026/3, reg. 2(12)(c)