Section 80D — Employment Rights Act 1996: Special cases

Special cases 80D 1 Regulations under section 80A 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. 1A 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 , 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) or (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).

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 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. .