Section 99 — Employment Rights Act 1996: Leave for family reasons.

Leave for family reasons. 99 1 An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if—

a the reason or principal reason for the dismissal is of a prescribed kind, or b the dismissal takes place in prescribed circumstances.

2 In this section “ prescribed ” means prescribed by regulations made by the Secretary of State.

3 A reason or set of circumstances prescribed under this section must relate to—

a pregnancy, childbirth or maternity, aa time off under section 57ZE, ab time off under section 57ZJ or 57ZL, b ordinary, compulsory or additional maternity leave, ba ordinary or additional adoption leave, bb shared parental leave, bc carer’s leave, c parental leave, ca paternity leave , cb parental bereavement leave, cc neonatal care leave, or d time off under section 57A;

and it may also relate to redundancy or other factors.

4 A reason or set of circumstances prescribed under subsection (1) satisfies subsection (3)(c) or (d) if it relates to action which an employee—

a takes, b agrees to take, or c refuses to take, under or in respect of a collective or workforce agreement which deals with parental leave.

5 Regulations under this section may—

a make different provision for different cases or circumstances;

b apply any enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to persons regarded as unfairly dismissed by reason of this section.