Section 49D — Employment Rights Act 1996: Redundancy or dismissal during a protected period of pregnancy

Redundancy or dismissal during a protected period of pregnancy 49D 1 The Secretary of State may, by regulations, make provision about redundancy during, or after, a protected period of pregnancy. 1A 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.

2 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.

3 Provision made by virtue of subsection (1) or (1A) 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 dismissal to be treated as unfair for the purposes of Part 10).

4 Provision made by virtue of subsection (2) may include provision for the protected period of pregnancy to begin after the end of the pregnancy.