Section 74 — Redundancy and dismissal.

(1) [F1 Regulations under section 71 or 73 may make provision about redundancy during [F2 , or after,] an ordinary or additional maternity leave period.]

(2) [F1 Regulations under section 71 or 73 may make provision about dismissal (other than by reason of redundancy) during [F3 , or after,] an ordinary or additional maternity leave period.]

(3) [F1 Regulations made by virtue of subsection (1) or (2) 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 a dismissal to be treated as unfair for the purposes of Part X).]

(4) [F1 Regulations under section [F4 71 or] 73 may make provision—]

(a) [F1 for section [F5 71(4)(c) or] 73(4)(c) not to apply in specified cases, and]

(b) [F1 about dismissal at the conclusion of an [F6 ordinary or] additional maternity leave period.]

Amendment notes

1. F1 Pt. 8 (ss. 71-80) substituted for Pt. 8 (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. 1; S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. 2 (with transitional provisions in Sch. 3 para. 10)
2. F2 Words in s. 74(1) inserted (24.7.2023) by Protection from Redundancy (Pregnancy and Family Leave) Act 2023 (c. 17), ss. 2(2), 3(2)
3. F3 Words in s. 74(2) inserted (6.1.2026) by Employment Rights Act 2025 (c. 36), ss. 27(2), 159(3); S.I. 2026/3, reg. 2(12)(b)
4. F4 Words in s. 74(4) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(5)(a); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3)
5. F5 Words in s. 74(4)(a) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(5)(b); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3)
6. F6 Words in s. 74(4)(b) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(5)(c); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3)