Legalize / United Kingdom / Public General Act

Employment Rights Act 1996

Type Public General Act

Publication 1996-05-22

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

[^key-dee024eb453a617d748ec7b21383f409]: Sum in s. 186(1)(a) substituted (6.4.2026) by The Employment Rights (Increase of Limits) Order 2026 (S.I. 2026/310), art. 1(2), Sch. (with art. 4)

[^key-d4f0f1ae2afd8bc2d8708772079caab3]: Sum in s. 186(1)(b) substituted (6.4.2026) by The Employment Rights (Increase of Limits) Order 2026 (S.I. 2026/310), art. 1(2), Sch. (with art. 4)

[^key-213be2eba5f615b1f4b36507525a232f]: Sum in s. 227(1) substituted (6.4.2026) by The Employment Rights (Increase of Limits) Order 2026 (S.I. 2026/310), art. 1(2), Sch. (with art. 4)

[^key-2c230b2224783f54149847672350d6a8]: Words in s. 236(3) inserted (6.4.2026) by Employment Rights Act 2025 (c. 36), ss. 24(5), 159(3); S.I. 2026/323, reg. 3(1)(3)(b)

Remedies.

Chapter I — MATERNITY LEAVE

Chapter 1A — Adoption leave

Right to time off to look for work or arrange training.

75A

(1) An employee who satisfies prescribed conditions may be absent from work at any time during an ordinary adoption leave period.

(1A) The conditions that may be prescribed under subsection (1) include conditions as to—

(a) being a local authority foster parent;

(b) being approved as a prospective adopter;

(c) being notified by a local authority in England that a child is to be, or is expected to be, placed with the employee under section 22C of the Children Act 1989.

being notified—

(i) by a local authority in England that a child is to be, or is expected to be, placed with the employee under section 22C of the Children Act 1989;

(ii) by a local authority in Wales that a child is to be, or is expected to be, placed with the employee under section 81 of the Social Services and Well-being (Wales) Act 2014.

(2) An ordinary adoption leave period is a period calculated in accordance with regulations made by the Secretary of State.

(2A) Regulations under subsection (2)—

(a) may allow an employee to bring forward the date on which an ordinary adoption leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions;

(b) may allow an employee in prescribed circumstances to revoke, or to be treated as revoking, the bringing forward of that date;

(c) may specify circumstances in which an employee may work for his employer during an ordinary adoption leave period without bringing the period to an end.

(2B) Provision under subsection (2A)(a) is to secure that an employee may bring forward the date on which an ordinary adoption leave period ends only if the employee or another person has taken, or is taking, prescribed steps as regards leave under section 75G or statutory shared parental pay in respect of the child.

(3) Subject to section 75C, an employee who exercises his right under subsection (1)—

(a) is entitled, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if he had not been absent,

(b) is bound, for such purposes and to such extent as may be prescribed, by any obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1)), and

(4) In subsection (3)(a) “ terms and conditions of employment ”—

(a) includes matters connected with an employee’s employment whether or not they arise under his contract of employment, but

(b) does not include terms and conditions about remuneration.

(5) In subsection (3)(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to ordinary adoption leave and partly to maternity leave.

(6) The Secretary of State may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this section.

(7) The Secretary of State may make regulations making provision, in relation to the right to return under subsection (3)(c), about—

(a) seniority, pension rights and similar rights;

(b) terms and conditions of employment on return.

(8) The Secretary of State may by regulations provide for this section to have effect, with such modifications as the regulations may prescribe, in relation to—

(a) cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order,

(b) cases which involve an employee who has applied, or intends to apply, for a parental order under section 54A of that Act and a child who is, or will be, the subject of the order.

75B

(1) An employee who satisfies prescribed conditions may be absent from work at any time during an additional adoption leave period.

(2) An additional adoption leave period is a period calculated in accordance with regulations made by the Secretary of State.

(3) Regulations under subsection (2)—

(a) may allow an employee to bring forward the date on which an additional adoption leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions;

(aa) may allow an employee in prescribed circumstances to revoke, or to be treated as revoking, the bringing forward of that date;

(b) may specify circumstances in which an employee may work for his employer during an additional adoption leave period without bringing the period to an end.

(3A) Provision under subsection (3)(a) is to secure that an employee may bring forward the date on which an additional adoption leave period ends only if the employee or another person has taken, or is taking, prescribed steps as regards leave under section 75G or statutory shared parental pay in respect of the child.

(4) Subject to section 75C, an employee who exercises his right under subsection (1)—

(a) is entitled, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if he had not been absent,

(b) is bound, for such purposes and to such extent as may be prescribed, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1)), and

(5) In subsection (4)(a) “ terms and conditions of employment ”—

(a) includes matters connected with an employee’s employment whether or not they arise under his contract of employment, but

(b) does not include terms and conditions about remuneration.

(6) In subsection (4)(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to additional adoption leave and partly to—

(a) maternity leave, or

(b) ordinary adoption leave,

or to both.

(7) The Secretary of State may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this section.

(8) The Secretary of State may make regulations making provision, in relation to the right to return under subsection (4)(c), about—

(a) seniority, pension rights and similar rights;

(b) terms and conditions of employment on return.

(9) The Secretary of State may by regulations provide for this section to have effect, with such modifications as the regulations may prescribe, in relation to—

(a) cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order,

(b) cases which involve an employee who has applied, or intends to apply, for a parental order under section 54A of that Act and a child who is, or will be, the subject of the order.

75C

(1) Regulations under section 75A or 75B may make provision about—

(a) redundancy during, or after, an ordinary or additional adoption leave period, or

(b) dismissal (other than by reason of redundancy) during , or after, an ordinary or additional adoption leave period.

(2) Regulations made by virtue of subsection (1) 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) Regulations under section 75A or 75B may make provision—

(a) for section 75A(3)(c) or 75B(4)(c) not to apply in specified cases, and

(b) about dismissal at the conclusion of an ordinary or additional adoption leave period.

75D

(1) Regulations under section 75A or 75B 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 requiring employers or employees to keep records;

(c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;

(d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);

(e) make special provision for cases where an employee has a right which corresponds to a right under this Chapter and which arises under his contract of employment or otherwise;

(f) 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 on ordinary or additional adoption leave;

(g) 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 entitled to ordinary or additional adoption leave;

(h) make different provision for different cases or circumstances.

(1A) Where section 75A or 75B has effect in relation to such cases as are described in section 75A(8) or 75B(9), regulations under section 75A or 75B about evidence to be produced may require statutory declarations as to—

(a) eligibility to apply for a parental order under section 54 or 54A of the Human Fertilisation and Embryology Act 2008;

(b) intention to apply for such an order.

(2) In sections 75A and 75B “ prescribed ” means prescribed by regulations made by the Secretary of State.

Chapter II — PARENTAL LEAVE

Contracts with guaranteed hours.

Chapter 3 — Paternity leave

Disclosures qualifying for protection.

80A

(1) The Secretary of State shall make regulations entitling an employee who satisfies specified conditions—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) as to relationship with a newborn, or expected, child, and

to be absent from work on leave under this section for the purpose of caring for the child or supporting the mother.

(2) The regulations shall include provision for determining—

(a) the extent of an employee’s entitlement to leave under this section in respect of a child;

(b) when leave under this section may be taken.

(3) Provision under subsection (2)(a) shall secure that where an employee is entitled to leave under this section in respect of a child he is entitled to at least two weeks’ leave.

(4) Provision under subsection (2)(b) shall secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child’s birth.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Regulations under subsection (1) may—

(a) specify things which are, or are not, to be taken as done for the purpose of caring for a child or supporting the child’s mother;

(b) make provision excluding the right to be absent on leave under this section in respect of a child where more than one child is born as a result of the same pregnancy;

(6) Where more than one child is born as a result of the same pregnancy, the reference in subsection (4) to the date of the child’s birth shall be read as a reference to the date of birth of the first child born as a result of the pregnancy.

(6A) In relation to cases where a child’s mother dies, this section has effect as if—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) after subsection (1) there were inserted—

(1A) But in a case where both the child and the mother die, the regulations may provide that an employee who satisfies those conditions is entitled to leave under this section despite the fact that the leave cannot be taken for that purpose.

;

(7) In this section—

“newborn child” includes a child stillborn after twenty-four weeks of pregnancy;

“week” means any period of seven days.

80AA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80B

(1) The Secretary of State shall make regulations entitling an employee who satisfies specified conditions—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) as to relationship with a child placed, or expected to be placed, for adoption under the law of any part of the United Kingdom, and

to be absent from work on leave under this section for the purpose of caring for the child or supporting the person by reference to whom he satisfies the condition under paragraph (c).

(2) The regulations shall include provision for determining—

(a) the extent of an employee’s entitlement to leave under this section in respect of a child;

(b) when leave under this section may be taken.

(3) Provision under subsection (2)(a) shall secure that where an employee is entitled to leave under this section in respect of a child he is entitled to at least two weeks’ leave.

(4) Provision under subsection (2)(b) shall secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child’s placement for adoption.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Regulations under subsection (1) may—

(a) specify things which are, or are not, to be taken as done for the purpose of caring for a child or supporting a person with whom a child is placed for adoption;

(aa) make provision excluding the right to be absent on leave under this section in the case of an employee who, by virtue of provision under subsection (6A), has already exercised a right to be absent on leave under this section in connection with the same child;

(b) make provision excluding the right to be absent on leave under this section in the case of an employee who exercises a right to be absent from work on adoption leave;

(ba) make provision excluding the right to be absent on leave under this section in the case of an employee who has exercised a right to take time off under section 57ZJ;

(c) make provision excluding the right to be absent on leave under this section in respect of a child where more than one child is placed for adoption as part of the same arrangement;

(d) make provision about how leave under this section may be taken.

(6) Where more than one child is placed for adoption as part of the same arrangement, the reference in subsection (4) to the date of the child’s placement shall be read as a reference to the date of placement of the first child to be placed as part of the arrangement.

(6A) Regulations under subsection (1) shall include provision for leave in respect of a child placed, or expected to be placed—

(a) under section 22C of the Children Act 1989 by a local authority in England, or

(b) under section 81 of the Social Services and Well-being (Wales) Act 2014 by a local authority in Wales,

with a local authority foster parent who has been approved as a prospective adopter.

(6B) This section has effect in relation to regulations made by virtue of subsection (6A) as if—

(a) references to being placed for adoption were references to being placed under section 22C of the Children Act 1989 , or section 81 of the Social Services and Well-being (Wales) Act 2014 with a local authority foster parent who has been approved as a prospective adopter;

(b) references to placement for adoption were references to placement under section 22C of the Children Act 1989, or section 81 of the Social Services and Well-being (Wales) Act 2014 with such a person;

(6C) In relation to cases where a person with whom a child is placed or expected to be placed for adoption dies, this section has effect as if—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) after subsection (1) there were inserted—

(1A) But in a case where that person dies and the child— (a) dies, or (b) is, having been placed for adoption, returned, the regulations may provide that an employee who satisfies those conditions is entitled to leave under this section despite the fact that the leave cannot be taken for that purpose.

;

(7) In this section, “week” means any period of seven days.

(8) The Secretary of State may by regulations provide for this section to have effect in relation to cases which involve adoption, but not the placement of a child for adoption under the law of any part of the United Kingdom, with such modifications as the regulations may prescribe.

(9) The Secretary of State may by regulations provide for this section to have effect in relation to cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, with such modifications as the regulations may prescribe.

80BB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80C

(1) Regulations under section 80A ... shall provide—

(a) that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied if he had not been absent;

(b) that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and

(c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80D(1).

(2) The reference in subsection (1)(c) to absence on leave under section 80A ... includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—

(za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) maternity leave,

(b) adoption leave, ...

(ba) shared parental leave,

(bb) parental bereavement leave,

(bc) neonatal care leave, and

(3) Subsection (1) shall apply to regulations under section 80B ... as it applies to regulations under section 80A ....

(4) In the application of subsection (1)(c) to regulations under section 80B ..., the reference to absence on leave under that section includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—

(za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) maternity leave,

(b) adoption leave,

(ba) shared parental leave,

(bb) parental bereavement leave,

(bc) neonatal care leave,

(d) leave under section 80A ....

(5) In subsection (1)(a), “ terms and conditions of employment ”—

(a) includes matters connected with an employee’s employment whether or not they arise under his contract of employment, but

(b) does not include terms and conditions about remuneration.

(6) Regulations under section 80A or 80B may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.

(7) Regulations under section 80A or 80B may make provision, in relation to the right to return mentioned in subsection (1)(c), about—

(a) seniority, pension rights and similar rights;

(b) terms and conditions of employment on return.

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..

80E

(1) Regulations under section 80A or 80B 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 requiring employers or employees to keep records;

(c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;

(d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);

(e) make special provision for cases where an employee has a right which corresponds to a right under section 80A or 80B and which arises under his contract of employment or otherwise;

(f) 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 on leave under section 80A or 80B;

(g) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 80A or 80B;

(h) make different provision for different cases or circumstances.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to time off for pension scheme trustees.

Entitlement to ordinarypaternity leave: birth

Circumstances in which an employee is dismissed.

Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.

Disclosure to prescribed person.

Right to payment for time off under section 58.

Disclosure to Minister of the Crown.

Entitlement to additional paternity leave: birth

Basic award of two weeks’ pay in certain cases.

Remedies

Circumstances in which an employee is dismissed.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Study and training

Effective date of termination.

Statutory right to request contract variation

Disclosure to prescribed person.

Replacements.

Upper age limit.

Disclosure to Minister of the Crown.

Disclosure in other cases.

Remedies

Right to time off for ante-natal care.

Contractual requirements relating to Sunday work.

Right to time off for employee representatives.

Disclosures qualifying for protection.

Disclosure to employer or other responsible person.

Complaints to employment tribunals.

Disclosure in other cases.

Contractual duties of confidentiality.

Chapter 3: supplemental

Statutory right to request contract variation

Death of employer: lay-off and short-time.

Disclosure of exceptionally serious failure.

Statutory right to make request in relation to study or training

Tax credits

Disclosure in other cases.

Basic award of two weeks’ pay in certain cases.

Application to police.

Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.

Disclosure to prescribed person.

Death of employee.

Disclosure to employer or other responsible person.

Disclosure to legal adviser.

Right to remuneration for time off under section 55.

Application to police.

Summary dismissal.

Disclosure of exceptionally serious failure.

Disclosure to employer or other responsible person.

Law governing employment.

Introductory.

Replacements.

Protected shop workers and betting workers.

Exemption orders.

Right to time off for young person for study or training.

Disclosures qualifying for protection.

Complaint to employment tribunal.

Employee’s rights on insolvency of employer.

Extension of meaning of “worker” etc. for Part IVA.

Right to time off for ante-natal care (agency workers)

Leave for family and domestic reasons.

Disclosure to employer or other responsible person.

Law governing employment.

Leave for family reasons.

Employee’s rights on insolvency of employer.

Additional maternity leave.

Period of continuous employment.

Extension of meaning of “worker” etc. for Part IVA.

Complaints to employment tribunals: agency workers

Remedies

Disclosure in other cases.

Introductory.

Complaints to employment tribunal.

Shop workers and betting workers who refuse Sunday work.

Law governing employment.

Leave for family reasons.

Statutory right to make request in relation to study or training

Introductory.

Basic award of two weeks’ pay in certain cases.

Leave for family reasons.

The right.

Financial provisions.

Remedies.

Period of continuous employment.

Health and safety cases.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remedies.

Orders and regulations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional adoption leave

Complaints to employment tribunals: agency workers

Ordinary adoption leave

Supplemental.

Application to police.

Health and safety cases.

Remedies.

Complaints to employment tribunals.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes:

Reinstatement or re-engagement of dismissed employee.

Normal working hours.

Right to time off to look for work or arrange training.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entitlement to shared parental leave: birth

Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.

Summary dismissal.

Death of employer: lay-off and short-time.

References to employment tribunals.

Employee’s rights on insolvency of employer.

Introductory.

Basic award: reductions.

Normal working hours.

Complaints to employment tribunal.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes:

Redundancy.

Complaints to employment tribunal.

The orders.

Right to time off for employee representatives.

Right to time off for young person for study or training.

Death of employee.

Special cases

Insolvency.

Remedy for infringement of certain rights.

Dismissal procedures agreements.

Other definitions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes:

104D

(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that—

(a) any action was taken, or was proposed to be taken, with a view to enforcing in favour of the employee a requirement to which this section applies;

(b) the employer was prosecuted for an offence under section 45 of the Pensions Act 2008 as a result of action taken for the purpose of enforcing in favour of the employee a requirement to which this section applies; or

(2) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above—

(a) whether or not the requirement applies in favour of the employee, or

(b) whether or not the requirement has been contravened,

but, for that subsection to apply, the claim that the requirement applies and, if applicable, the claim that it has been contravened must be made in good faith.

(3) This section applies to any requirement imposed on the employer by or under any provision of Chapter 1 of Part 1 of the Pensions Act 2008.

(4) In this section references to enforcing a requirement include references to securing its benefit in any way.

Remedies

The right.

The orders.

Basic award of two weeks’ pay in certain cases.

Health and safety cases.

Leave for family and domestic reasons.

Sunday working for shop and betting workers.

The remedies: orders and compensation.

Trustees of occupational pension schemes.

Employee’s rights on insolvency of employer.

Right to time off for public duties.

Remedies

Orders and regulations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order for reinstatement.

Application to police.

The right.

Health and safety cases.

Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.

Employee’s rights on insolvency of employer.

Law governing employment.

Leave for family and domestic reasons.

Remedies.

Entitlement to parental leave.

Supplemental.

Leave for family and domestic reasons.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to time off for young person in Wales or Scotland for study or training.

Employer’s duties in relation to application under section 80F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Replacements.

Upper age limit.

Complaints to employment tribunal.

Trustees of occupational pension schemes.

Application to police.

Other interpretative provisions.

Tax credits

Right to time off for public duties.

Right to time off for pension scheme trustees.

Right to time off for employee representatives.

Law governing employment.

Right to time off for ante-natal care.

Reinstatement or re-engagement of dismissed employee.

Complaints to employment tribunals.

Right to time off to look for work or arrange training.

Orders and regulations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entitlement to parental leave.

Right to time off for ante-natal care.

Right to time off for ante-natal care (agency workers)

Time off for dependants.

Right to time off for pension scheme trustees.

Statutory right to make request in relation to study or training

Remedies

Exclusions from right to remuneration.

Complaints to employment tribunals: agency workers

Compulsory maternity leave.

Ordinary adoption leave

Entitlement to parental leave.

Supplemental.

Entitlement to ordinarypaternity leave: birth

Statutory right to request contract variation

Remedies.

Remedies

The right.

Leave for family reasons.

Health and safety cases.

Right to time off for ante-natal care (agency workers)

Leave for family and domestic reasons.

Complaints to employment tribunal.

Complaint to employment tribunal.

Jury service

Ordinary adoption leave

Entitlement to parental leave.

Making of payments.

Supplementary

References to employment tribunals.

Trustees of occupational pension schemes.

Chapter 3: supplemental

Introductory.

Reinstatement or re-engagement of dismissed employee.

Complaints to employment tribunals.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes:

Remedies.

Right to time off for ante-natal care.

Leave for family and domestic reasons.

Tax credits

Right to time off for employee representatives.

Other interpretative provisions.

Complaints to employment tribunals: agency workers

Right to time off for public duties.

Ordinary adoption leave

Health and safety cases.

Right to time off for ante-natal care (agency workers)

Right to time off to accompany to ante-natal appointment: agency workers

Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.

The right.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to time off for pension scheme trustees.

Working time cases.

Complaint to employment tribunal

Leave for family reasons.

Remedies.

Employee shareholder status

Application to police.

Regulations prohibiting discrimination because of protected disclosure

Death of employer: lay-off and short-time.

References to employment tribunals.

Employee’s rights on insolvency of employer.

Rights during and after shared parental leave

Regulations prohibiting discrimination because of protected disclosure

Reinstatement or re-engagement of dismissed employee.

Entitlement to additional paternity leave: birth

Normal working hours.

Complaint to employment tribunal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes:

Health and safety cases.

Remedies.

Right to time off to look for work or arrange training.

Right to time off for ante-natal care.

Health and safety cases.

Right to time off for young person in Wales or Scotland for study or training.

Right to remuneration for time off under section 63A.

Tax credits

Jury service

Health and safety cases.

Ordinary adoption leave

Sunday working for shop and betting workers.

Working time cases.

Remedies

Complaints to employment tribunals: agency workers

Statutory right to request contract variation

Employer’s duties in relation to application under section 80F

Agency workers: supplementary

Protected disclosures.

Leave for family and domestic reasons.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Redundancy and dismissal.

Study and training

Remedies.

Complaint to employment tribunal

Complaint to employment tribunal: agency workers

Right to paid time off to attend adoption appointments: agency workers

Right to paid time off to attend adoption appointments

111A

(1) Evidence of pre-termination negotiations is inadmissible in any proceedings on a complaint under section 111.

This is subject to subsections (3) to (5).

(2) In subsection (1) “ pre-termination negotiations ” means any offer made or discussions held, before the termination of the employment in question, with a view to it being terminated on terms agreed between the employer and the employee.

(3) Subsection (1) does not apply where, according to the complainant's case, the circumstances are such that a provision (whenever made) contained in, or made under, this or any other Act requires the complainant to be regarded for the purposes of this Part as unfairly dismissed.

(4) In relation to anything said or done which in the tribunal's opinion was improper, or was connected with improper behaviour, subsection (1) applies only to the extent that the tribunal considers just.

(5) Subsection (1) does not affect the admissibility, on any question as to costs or expenses, of evidence relating to an offer made on the basis that the right to refer to it on any such question is reserved.

Right to remuneration for time off under section 57ZN

Complaint to employment tribunal: agency workers

Right to paid time off to attend adoption appointments: agency workers

The right.

Summary dismissal.

Dismissal procedures agreements.

Placement of looked after children with prospective adopters

Basic award: reductions.

Law governing employment.

Introductory.

Reinstatement or re-engagement of dismissed employee.

Complaint to employment tribunal.

Right to time off for pension scheme trustees.

Right to time off for employee representatives.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes:

Jury service

Leave for family and domestic reasons.

47G

(1) An employee has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground that the employee refused to accept an offer by the employer for the employee to become an employee shareholder (within the meaning of section 205A).

(2) This section does not apply if the detriment in question amounts to dismissal within the meaning of Part 10.

Complaints to employment tribunals.

Right to time off to look for work or arrange training.

Right to time off for ante-natal care (agency workers)

Time off for dependants.

Trustees of occupational pension schemes.

Right to time off for employee representatives.

Right to time off for young person in Wales or Scotland for study or training.

Statutory right to make request in relation to study or training

Exclusions from right to remuneration.

Compulsory maternity leave.

Right to time off for ante-natal care.

Complaints to employment tribunals.

Statutory right to request contract variation

Additional adoption leave

Remedies

Leave for family and domestic reasons.

Leave for family reasons.

Health and safety cases.

Remedies.

Entitlement to parental leave.

104G

An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee refused to accept an offer by the employer for the employee to become an employee shareholder (within the meaning of section 205A).

Replacements.

Upper age limit.

Right to remuneration for time off under section 63A.

Right to remuneration for time off under section 57ZN

Additional adoption leave

Placement of looked after children with prospective adopters

Application to police.

Death of employer: lay-off and short-time.

References to employment tribunals.

The national minimum wage.

Employee shareholder status

205A

(1) An individual who is or becomes an employee of a company is an “ employee shareholder ” if—

(a) the company and the individual agree that the individual is to be an employee shareholder,

(b) in consideration of that agreement, the company issues or allots to the individual fully paid up shares in the company, or procures the issue or allotment to the individual of fully paid up shares in its parent undertaking, which have a value, on the day of issue or allotment, of no less than £2,000,

(c) the company gives the individual a written statement of the particulars of the status of employee shareholder and of the rights which attach to the shares referred to in paragraph (b) (“the employee shares”) (see subsection (5)), and

(d) the individual gives no consideration other than by entering into the agreement.

(2) An employee who is an employee shareholder does not have—

(a) the right to make an application under section 63D (request to undertake study or training),

(b) the right to make an application under section 80F (request for flexible working),

(d) the right under section 135 to a redundancy payment.

(3) The following provisions are to be read in the case of an employee who is an employee shareholder as if for “8 weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”—

(a) regulation 11 of the Maternity and Parental Leave etc. Regulations 1999 ( S.I. 1999/3312) (requirement for employee to notify employer of intention to return to work during maternity leave period), and

(b) regulation 25 of the Paternity and Adoption Leave Regulations 2002 ( S.I. 2002/2788) (corresponding provision for adoption leave).

(4) Regulation 30 of the Additional Paternity Leave Regulations 2010 ( S.I. 2010/1055) (requirement for employee to notify employer of intention to return to work during additional paternity leave period) is to be read in the case of an employee who is an employee shareholder as if for “six weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”.

(5) The statement referred to in subsection (1)(c) must—

(a) state that, as an employee shareholder, the individual would not have the rights specified in subsection (2),

(b) specify the notice periods that would apply in the individual's case as a result of subsections (3) and (4),

(d) state whether the employee shares carry any rights to dividends,

(e) state whether the employee shares would, if the company were wound up, confer any rights to participate in the distribution of any surplus assets,

(f) if the company has more than one class of shares and any of the rights referred to in paragraphs (c) to (e) attach to the employee shares, explain how those rights differ from the equivalent rights that attach to the shares in the largest class (or next largest class if the class which includes the employee shares is the largest),

(g) state whether the employee shares are redeemable and, if they are, at whose option,

(h) state whether there are any restrictions on the transferability of the employee shares and, if there are, what those restrictions are,

(i) state whether any of the requirements of sections 561 and 562 of the Companies Act 2006 are excluded in the case of the employee shares (existing shareholders' right of pre-emption), and

(j) state whether the employee shares are subject to drag-along rights or tag-along rights and, if they are, explain the effect of the shares being so subject.

(6) Agreement between a company and an individual that the individual is to become an employee shareholder is of no effect unless, before the agreement is made—

(a) the individual, having been given the statement referred to in subsection (1)(c), receives advice from a relevant independent adviser as to the terms and effect of the proposed agreement, and

(b) seven days have passed since the day on which the individual receives the advice.

(7) Any reasonable costs incurred by the individual in obtaining the advice (whether or not the individual becomes an employee shareholder) which would, but for this subsection, have to be met by the individual are instead to be met by the company.

(8) The reference in subsection (2)(b) to making an application under section 80F does not include a reference to making an application within the period of 14 days beginning with the day on which the employee shareholder returns to work from a period of parental leave under regulations under section 76.

(9) The reference in subsection (2)(c) to unfair dismissal does not include a reference to a dismissal—

(a) which is required to be regarded as unfair for the purposes of Part 10 by a provision (whenever made) contained in or made under this or any other Act, or

(b) which amounts to a contravention of the Equality Act 2010.

(10) The reference in subsection (2)(c) to the right not to be unfairly dismissed does not include a reference to that right in a case where section 108(2) (health and safety cases) applies.

(11) The Secretary of State may by order amend subsection (1) so as to increase the sum for the time being specified there.

(12) The Secretary of State may by regulations provide that any agreement for a company to buy back from an individual the shares referred to in subsection (1)(b) in the event that the individual ceases to be an employee shareholder or ceases to be an employee must be on terms which meet the specified requirements.

(13) In this section—

“ company ” means— a company or overseas company (within the meaning, in each case, of the Companies Act 2006) which has a share capital, or a United Kingdom Societas (or UK Societas) within the meaning of Council Regulation 2157/2001/EC of 8 October 2001 on the Statute for a European company;

“ drag-along rights ”, in relation to shares in a company, means the right of the holders of a majority of the shares, where they are selling their shares, to require the holders of the minority to sell theirs;

“ parent undertaking ” has the same meaning as in the Companies Act 2006;

“ relevant independent adviser ” has the meaning that it has for the purposes of section 203(3)(c);

“ tag-along rights ”, in relation to shares in a company, means the right of the holders of a minority of the shares to sell their shares, where the holders of the majority are selling theirs, on the same terms as those on which the holders of the majority are doing so.

(14) The reference in this section to the value of shares in a company is a reference to their market value within the meaning of the Taxation of Chargeable Gains Act 1992 (see sections 272 and 273 of that Act).

Entitlement to ... paternity leave: birth

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to payment for time off under section 58.

Complaints to employment tribunals.

Normal working hours.

Dismissal procedures agreements.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rights during and after paternity leave

Complaints to employment tribunals.

Trustees of occupational pension schemes.

Right to remuneration for time off under section 61.

Right to time off for ante-natal care.

Complaint to employment tribunal

Supplementary

Complaints to employment tribunals.

Complaints to employment tribunals: agency workers

Additional maternity leave.

Meaning of suspension on maternity grounds.

Complaints to employment tribunals: agency workers

Additional maternity leave.

Exclusions from right to remuneration.

Entitlement to shared parental leave: birth

Employee representatives.

Entitlement to parental leave.

The national minimum wage.

Right to time off to look for work or arrange training.

Redundancy.

Right to remuneration for time off under section 55.

Complaint to employment tribunal: agency workers

Agency workers: supplementary

Flexible working

Renewal of contract or re-engagement.

Short-term incapacity benefit , contributory employment and support allowance and industrial injury benefit.

Death of employee.

Old statutory compensation schemes.

Right to time off for pension scheme trustees.

Right to payment for time off under section 58.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Introductory.

Tax credits

Introductory.

Employee shareholder status

Application to police.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entitlement to additional paternity leave: adoption

Right to payment for time off under section 58.

Right to time off for employee representatives.

Extension of time limits to facilitate conciliation before institution of proceedings

207B

(1) This section applies where this Act provides for it to apply for the purposes of a provision of this Act (a “relevant provision”).

...

(2) In this section—

(a) Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

(b) Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.

(3) In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.

(4) If a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

(5) Where an employment tribunal has power under this Act to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this section.

Introductory.

Reinstatement or re-engagement of dismissed employee.

Introductory.

Normal working hours.

Orders and regulations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rights during and after paternity leave

Jury service

Complaints to employment tribunals.

Right to time off to look for work or arrange training.

Right to payment for time off under section 58.

Employees exercising right to time off work for study or training.

Trustees of occupational pension schemes.

Employees exercising right to time off work for study or training.

Protected disclosures.

Leave for family and domestic reasons.

CHAPTER 1B — Shared parental leave

75E

(1) The Secretary of State may make regulations entitling an employee who satisfies specified conditions—

(a) as to duration of employment,

(b) as to being, or expecting to be, the mother of a child,

(d) as to entitlement to maternity leave,

(e) as to the exercise of that entitlement and the extent of any such exercise,

(f) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and

(g) as to the consent of P to the amount of leave under this subsection that the employee intends to take,

to be absent from work on leave under this subsection for the purpose of caring for the child.

(2) Regulations under subsection (1) may provide that the employee's entitlement is subject to the satisfaction by P of specified conditions—

(a) as to employment or self-employment,

(b) as to having earnings of a specified amount for a specified period,

(d) as to relationship with the child or the employee.

(3) Provision under subsection (1)(f) may require the employee to give notice to the employer about—

(a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of P to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay);

(b) how much of the entitlement to leave the employee intends to exercise;

(c) the extent to which P intends to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay.

(4) The Secretary of State may make regulations entitling an employee who satisfies specified conditions—

(a) as to duration of employment,

(b) as to relationship with a child or expected child or with the child's mother,

(d) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and

(e) as to the consent of the child's mother to the amount of leave under this subsection that the employee intends to take,

to be absent from work on leave under this subsection for the purpose of caring for the child.

(5) Regulations under subsection (4) may provide that the employee's entitlement is subject to the satisfaction by the child's mother of specified conditions—

(a) as to employment or self-employment,

(b) as to having earnings of a specified amount for a specified period,

(d) as to entitlement (or lack of entitlement) to maternity leave, statutory maternity pay or maternity allowance, and

(e) as to the exercise of any such entitlement and the extent of any such exercise.

(6) Provision under subsection (4)(d) may require the employee to give notice to the employer about—

(a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of the child's mother to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay);

(b) how much of the entitlement to leave the employee intends to exercise;

(c) the extent to which the child's mother intends to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay.

75F

(1) Regulations under section 75E are to include provision for determining—

(a) the amount of leave under section 75E(1) or (4) to which an employee is entitled in respect of a child;

(b) when leave under section 75E(1) or (4) may be taken.

(2) Provision under subsection (1)(a) is to secure that the amount of leave to which an employee is entitled in respect of a child does not exceed—

(a) in a case where the child's mother became entitled to maternity leave, the relevant amount of time reduced by—

(i) where her maternity leave ends without her ordinary or additional maternity leave period having been curtailed by virtue of section 71(3)(ba) or 73(3)(a), the amount of maternity leave taken by the child's mother, or

(ii) except where sub-paragraph (i) applies, the amount of time between the beginning of her maternity leave and the time when her ordinary or additional maternity leave period, as curtailed by virtue of section 71(3)(ba) or 73(3)(a), comes to an end;

(b) in a case where the child's mother became entitled to statutory maternity pay or maternity allowance but not maternity leave, the relevant amount of time reduced by an amount determined in accordance with paragraph (a) or, as the case may be, paragraph (b) of section 171ZU(6) of the Social Security Contributions and Benefits Act 1992.

(3) In subsection (2) “ the relevant amount of time ” means an amount of time specified in or determined in accordance with regulations under section 75E.

(4) Provision under subsection (1)(a) is to secure that the amount of leave that an employee is entitled to take in respect of a child takes into account—

(a) in a case where another person is entitled to leave under section 75E in respect of the child, the amount of such leave taken by the other person;

(b) in a case where another person is entitled to statutory shared parental pay in respect of the child but not leave under section 75E, the number of weeks in respect of which such pay is payable to the other person.

(5) In reckoning for the purposes of subsection (2) the amount of maternity leave taken, a part of a week is to be treated as a full week.

(6) In reckoning for the purposes of subsection (4) the amount of leave under section 75E taken during a period of such leave, a part of a week is to be treated as a full week.

(7) Provision under subsection (1)(b) is to secure that leave under section 75E must be taken before the end of such period as may be specified by the regulations.

(8) Regulations under section 75E are to provide for the taking of leave under section 75E in a single period or in non-consecutive periods.

(9) Regulations under section 75E may—

(a) provide for an employer, subject to such restrictions as may be specified, to require an employee who proposes to take non-consecutive periods of leave under section 75E to take that amount of leave as a single period of leave;

(b) provide for a single period of leave that is so imposed on an employee to start with a day proposed by the employee or, if no day is proposed, with the first day of the first period of leave proposed by the employee.

(10) Regulations under section 75E may provide for the variation, subject to such restrictions as may be specified, of—

(a) the period or periods during which an amount of leave under section 75E may be taken;

(b) the amount of leave under section 75E that the employee previously specified in accordance with provision under section 75E(3)(b) or (6)(b) or subsection (13)(b) of this section.

(11) Provision under subsection (10)(a) may provide for variation to be subject to the consent of an employer in circumstances specified by the regulations.

(12) Provision under subsection (10)(b) may require an employee to satisfy specified conditions—

(a) as to giving notice of an intention to vary the amount of leave under section 75E to be taken by the employee;

(b) if the employee proposes to vary the amount of leave under section 75E(1) to be taken by the employee, as to the consent of P to that variation;

(c) if the employee proposes to vary the amount of leave under section 75E(4) to be taken by the employee, as to the consent of the child's mother to that variation.

(13) Provision under subsection (12)(a) may require an employee to give notice to the employer about—

(a) the extent to which the employee has exercised an entitlement to leave under section 75E(1) or (4) in respect of the child;

(b) how much of the entitlement to leave the employee intends to exercise;

(c) the extent to which a person other than the employee has exercised an entitlement to leave under section 75E or to statutory shared parental pay in respect of the child;

(d) the extent to which a person other than the employee intends to exercise such an entitlement.

(14) Regulations under section 75E may—

(a) specify things which are, or are not, to be taken as done for the purpose of caring for a child;

(b) make provision excluding the right to be absent on leave under section 75E in respect of a child where more than one child is born as a result of the same pregnancy;

(d) make provision about how leave under section 75E may be taken;

(e) specify circumstances in which an employee may work for the employer during a period of leave under section 75E without bringing the particular period of leave, or the employee's entitlement to leave under section 75E, to an end;

(f) specify circumstances in which an employee may be absent on leave under section 75E otherwise than for the purpose of caring for a child without bringing the person's entitlement to leave under section 75E to an end.

(15) In this section “ week ” means any period of seven days.

(16) The Secretary of State may by regulations provide that the following do not have effect, or have effect with modifications specified by the regulations, in a case where the mother of a child dies before another person has become entitled to leave under section 75E in respect of the child—

(a) section 75E(4)(b), (c) and (e);

(b) section 75E(5);

(d) subsection (12)(c);

(e) subsection (13)(c) and (d).

75G

(1) The Secretary of State may make regulations entitling an employee who satisfies specified conditions—

(a) as to duration of employment,

(b) as to being a person with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom,

(d) as to entitlement to adoption leave,

(e) as to the exercise of that entitlement and the extent of any such exercise,

(f) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and

(g) as to the consent of P to the amount of leave under this subsection that the employee intends to take,

to be absent from work on leave under this subsection for the purpose of caring for the child.

(2) Regulations under subsection (1) may provide that the employee's entitlement is subject to the satisfaction by P of specified conditions—

(a) as to employment or self-employment,

(b) as to having earnings of a specified amount for a specified period,

(d) as to relationship with the child or the employee.

(3) Provision under subsection (1)(f) may require the employee to give notice to the employer about—

(a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of P to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay);

(b) how much of the entitlement to leave the employee intends to exercise;

(c) the extent to which P intends to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay.

(4) The Secretary of State may make regulations entitling an employee who satisfies specified conditions—

(a) as to duration of employment,

(b) as to relationship with a child placed, or expected to be placed, for adoption under the law of any part of the United Kingdom or with a person (“A”) with whom the child is, or is expected to be, so placed,

(d) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and

(e) as to the consent of A to the amount of leave under this subsection that the employee intends to take,

to be absent from work on leave under this subsection for the purpose of caring for the child.

(5) Regulations under subsection (4) may provide that the employee's entitlement is subject to the satisfaction by A of specified conditions—

(a) as to employment or self-employment,

(b) as to having earnings of a specified amount for a specified period,

(d) as to entitlement (or lack of entitlement) to adoption leave or statutory adoption pay, and

(e) as to the exercise of any such entitlement and the extent of any such exercise.

(6) Provision under subsection (4)(d) may require the employee to give notice to the employer about—

(a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of A to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay);

(b) how much of the entitlement to leave the employee intends to exercise;

(c) the extent to which A intends to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay.

(7) Regulations under subsections (1) and (4) are to provide for leave in respect of a child placed, or expected to be placed, under section 22C of the Children Act 1989 by a local authority in England with a local authority foster parent who has been approved as a prospective adopter.

Regulations under subsections (1) and (4) are to provide for leave in respect of a child placed, or expected to be placed—

(a) under section 22C of the Children Act 1989 by a local authority in England, or

(b) under section 81 of the Social Services and Well-being (Wales) Act 2014 by a local authority in Wales,

with a local authority foster parent who has been approved as a prospective adopter.

(8) This section and section 75H have effect in relation to regulations made by virtue of subsection (7) as if references to a child being placed for adoption under the law of any part of the United Kingdom were references to being placed under section 22C of the Children Act 1989, or section 81 of the Social Services and Well-being (Wales) Act 2014 with a local authority foster parent who has been approved as a prospective adopter.

75H

(1) Regulations under section 75G are to include provision for determining—

(a) the amount of leave under section 75G(1) or (4) to which an employee is entitled in respect of a child;

(b) when leave under section 75G(1) or (4) may be taken.

(2) Provision under subsection (1)(a) is to secure that the amount of leave to which an employee is entitled in respect of a child does not exceed—

(a) in a case where a person with whom the child is, or is expected to be, placed for adoption became entitled to adoption leave, the relevant amount of time reduced by—

(i) where the person's adoption leave ends without the person's ordinary or additional adoption leave period having been curtailed by virtue of section 75A(2A)(a) or 75B(3)(a), the amount of adoption leave taken by that person, or

(ii) except where sub-paragraph (i) applies, the amount of time between the beginning of the person's adoption leave and the time when the person's ordinary or additional adoption leave period, as curtailed by virtue of section 75A(2A)(a) or 75B(3)(a), comes to an end;

(b) in a case where a person with whom the child is, or is expected to be, placed for adoption became entitled to statutory adoption pay but not adoption leave, the relevant amount of time reduced by an amount determined in accordance with paragraph (a) or, as the case may be, paragraph (b) of section 171ZV(6) of the Social Security Contributions and Benefits Act 1992.

(3) In subsection (2) “ the relevant amount of time ” means an amount of time specified in or determined in accordance with regulations under section 75G.

(4) Provision under subsection (1)(a) is to secure that the amount of leave that an employee is entitled to take in respect of a child takes into account—

(a) in a case where another person is entitled to leave under section 75G in respect of the child, the amount of such leave taken by the other person;

(b) in a case where another person is entitled to statutory shared parental pay in respect of the child but not leave under section 75G, the number of weeks in respect of which such pay is payable to the other person.

(5) In reckoning for the purposes of subsection (2) the amount of adoption leave taken, a part of a week is to be treated as a full week.

(6) In reckoning for the purposes of subsection (4) the amount of leave under section 75G taken during a period of such leave, a part of a week is to be treated as a full week.

(7) Provision under subsection (1)(b) is to secure that leave under section 75G must be taken before the end of such period as may be prescribed by the regulations.

(8) Regulations under section 75G are to provide for the taking of leave under section 75G in a single period or in non-consecutive periods.

(9) Regulations under section 75G may—

(a) provide for an employer, subject to such restrictions as may be specified, to require an employee who proposes to take non-consecutive periods of leave under section 75G to take that amount of leave as a single period of leave, and

(b) provide for a single period of leave that is so imposed on an employee to start with a day proposed by the employee or, if no day is proposed, with the first day of the first period of leave proposed by the employee.

(10) Regulations under section 75G may provide for the variation, subject to such restrictions as may be specified, of—

(a) the period or periods during which an amount of leave under section 75G is to be taken;

(b) the amount of leave under section 75G that the employee previously specified in accordance with provision under section 75G(3)(b) or (6)(b) or subsection (13)(b) of this section.

(11) Provision under subsection (10)(a) may provide for variation to be subject to the consent of an employer in circumstances specified by the regulations.

(12) Provision under subsection (10)(b) may require an employee to satisfy specified conditions—

(a) as to giving notice of an intention to vary the amount of leave under section 75G to be taken by the employee;

(b) if the employee proposes to vary the amount of leave under section 75G(1) to be taken by the employee, as to the consent of P to that variation;

(c) if the employee proposes to vary the amount of leave under section 75G(4) to be taken by the employee, as to the consent of A to that variation.

(13) Provision under subsection (12)(a) may require an employee to give notice to the employer about—

(a) the extent to which the employee has exercised an entitlement to leave under section 75G(1) or (4) in respect of the child;

(b) how much of the entitlement to leave the employee intends to exercise;

(c) the extent to which a person other than the employee has exercised an entitlement to leave under section 75G or to statutory shared parental pay in respect of the child;

(d) the extent to which a person other than the employee intends to exercise such an entitlement.

(14) Regulations under section 75G may—

(a) specify things which are, or are not, to be taken as done for the purpose of caring for a child;

(b) make provision excluding the right to be absent on leave under section 75G in respect of a child where more than one child is placed for adoption as part of the same arrangement;

(d) make provision about how leave under section 75G may be taken;

(e) specify circumstances in which an employee may work for the employer during a period of leave under section 75G without bringing the particular period of leave, or the employee's entitlement to leave under section 75G, to an end;

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