Section 78 — Special cases.

(1) [F1 Regulations under section 76 may make provision—]

(a) [F1 about redundancy during a period of parental leave;]

(b) [F1 about dismissal (other than by reason of redundancy) during a period of parental leave.]

(2) [F1 Provision by virtue of subsection (1) 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).]

(3) [F1 Regulations under section 76 may provide for an employee to be entitled to choose to exercise all or part of his entitlement to parental leave—]

(a) [F1 by varying the terms of his contract of employment as to hours of work, or]

(b) [F1 by varying his normal working practice as to hours of work,]

[F1 in a way specified in or permitted by the regulations for a period specified in the regulations.]

(4) [F1 Provision by virtue of subsection (3)—]

(a) [F1 may restrict an entitlement to specified circumstances;]

(b) [F1 may make an entitlement subject to specified conditions (which may include conditions relating to obtaining the employer’s consent);]

(c) [F1 may include consequential and incidental provision.]

(5) [F1 Regulations under section 76 may make provision permitting all or part of an employee’s entitlement to parental leave in respect of a child to be transferred to another employee in specified circumstances.]

(6) [F1 The reference in section 77(1)(c) to absence on parental leave includes, where appropriate, a reference to a continuous period of absence attributable partly [F2 to parental leave and partly to—]]

(a) [F1 [F2 maternity leave, or]]

(b) [F1 [F2 adoption leave,]]

[F1 [F2 or to both.]]

(7) [F1 Regulations under section 76 may provide for specified provisions of the regulations not to apply in relation to an employee if any provision of his contract of employment—]

(a) [F1 confers an entitlement to absence from work for the purpose of caring for a child, and]

(b) [F1 incorporates or operates by reference to all or part of a collective agreement, or workforce agreement, of a kind specified in the regulations.]

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. 78(6) substituted (24.11.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 28; S.I. 2002/2866, art. 2(1), Sch. 1 Pt. 1