Maternity Protection (Amendment) Act 2004

Amendments relating to unfair dismissal.

23.—The Unfair Dismissals Act 1977 is amended—

(a) in section 2(2) (which specifies dismissals in relation to which that Act does not apply), by the substitution of the following paragraph for paragraph (c) (inserted by section 38(2) of the Principal Act):

“(c) dismissal where the employee's employer at the commencement of the employment informs the employee in writing that the employment will terminate on the return to work with that employer of another employee who is absent from work while on protective leave or natal care absence, within the meaning of Part IV of the Maternity Protection Act 1994, or is absent from work attending ante-natal classes in accordance with section 15A (inserted by section 8 of the Maternity Protection (Amendment) Act 2004), or for breastfeeding in accordance with section 15B (inserted by section 9 of the Maternity Protection (Amendment) Act 2004), of the first-mentioned Act, and the dismissal of the first-mentioned employee duly occurs for the purpose of facilitating the return to work of that other employee.”,

and

(b) in section 6(2) (which specifies the matters which cause a dismissal resulting from any of those matters to be deemed to be an unfair dismissal), by the substitution of the following paragraphs for paragraphs (f) and (g) (inserted by section 38(4) of the Principal Act):

“(f) the employee's pregnancy, attendance at ante-natal classes, giving birth or breastfeeding or any matters connected therewith,

(g) the exercise or proposed exercise by the employee of the right under the Maternity Protection Act 1994 to any form of protective leave or natal care absence, within the meaning of Part IV of that Act, or to time off from work to attend ante-natal classes in accordance with section 15A (inserted by section 8 of the Maternity Protection (Amendment) Act 2004), or to time off from work or a reduction of working hours for breastfeeding in accordance with section 15B (inserted by section 9 of the Maternity Protection (Amendment) Act 2004), of the first-mentioned Act,”.