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UK Law Reference
All sections of Employment Rights Act 1996
1996 c. 18, s.49D

Section 49D — Redundancy or dismissal during a protected period of pregnancy

Extent: E+W+S

This version in force from 2026-01-06

Snapshot: 2026-08-24

Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .

(1) [F1 The Secretary of State may, by regulations, make provision about redundancy during, or after, a protected period of pregnancy.]

(1A) [F1 [F2 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.]]

(2) [F1 A protected period of pregnancy is a period relating to the pregnancy of an employee that is calculated in accordance with regulations made by the Secretary of State.]

(3) [F1 Provision made by virtue of subsection (1) [F3 or (1A)] may include—]

(a) [F1 provision requiring an employer to offer alternative employment;]

(b) [F1 provision for the consequences of failure to comply with the regulations (which may include provision for dismissal to be treated as unfair for the purposes of Part 10).]

(4) [F1 Provision made by virtue of subsection (2) may include provision for the protected period of pregnancy to begin after the end of the pregnancy.]

Amendment notes

  1. F1 Pt. 5B inserted (E.W.S.) (24.7.2023) by Protection from Redundancy (Pregnancy and Family Leave) Act 2023 (c. 17), ss. 1(2), 3(2)
  2. F2 S. 49D(1A) inserted (6.1.2026) by Employment Rights Act 2025 (c. 36), ss. 26(4), 159(3); S.I. 2026/3, reg. 2(11)
  3. F3 Words in s. 49D(3) inserted (6.1.2026) by Employment Rights Act 2025 (c. 36), ss. 26(5), 159(3); S.I. 2026/3, reg. 2(11)