Legislation – Employment Rights Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Employment Rights Act 2025, Section 26.![]()
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Part 1Employment rights
Dismissal
26Dismissal during pregnancy
(1)
Part 5B of the Employment Rights Act 1996 (redundancy during a protected period of pregnancy) is amended as follows.
(2)
(3)
In the heading, after “Redundancy” insert “or dismissal”
.
(4)
“(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.”
(5)
In subsection (3), after “subsection (1)” insert “or (1A)”
.
(6)
“49ESection 49D: supplemental
Regulations under section 49D may—
(a)
make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers;
(b)
make provision for the consequences of failure to give notices, to produce evidence or to comply with other procedural requirements;
(c)
make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);
(d)
make special provision for cases where an employee has a right which corresponds to a right under section 49D and which arises under a contract of employment or otherwise;
(e)
make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work during, or after, a protected period of pregnancy;
(f)
make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to a person during, or after, a protected period of pregnancy;
(g)
make different provision for different cases or circumstances.”
(7)
In the heading of Part 5B, after “Redundancy” insert “or dismissal”
.