Section 80D — Special cases

(1) [F1 Regulations under section [F2 80A [F3 or 80B]] may make provision about— ]

(a) [F1 redundancy, or]

(b) [F1 dismissal (other than by reason of redundancy),]

[F1 during a period of leave under that section.]

(1A) [F1 [F4 Regulations under section 80A or 80B may—]]

(a) [F1 [F4 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) [F1 [F4 make provision about redundancy of a bereaved employee [F5 , or dismissal of a bereaved employee (other than by reason of redundancy),] after a period of leave under that section.]]

(2) [F1 Provision by virtue of subsection (1) [F6 or (1A)(b)] 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 10).]

(3) [F7 In subsection (1A), “bereaved employee” means an employee who—]

(a) [F7 takes leave under section 80A in a case where the child’s mother dies, or]

(b) [F7 takes leave under section 80B in a case [F8 where the relevant person dies. ]]

[F7 [F8 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.].]

Amendment notes

1. F1 Pt. 8 Ch. 3 inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 1; S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2
2. F2 Words in s. 80D(1) substituted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 11, 19, Sch. 1 para. 37; S.I. 2010/495, art. 3(c)
3. F3 Words in s. 80D(1) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 35; S.I. 2014/1640, art. 7(q) (with art. 16)
4. F4 S. 80D(1A) inserted (29.12.2025) by Paternity Leave (Bereavement) Act 2024 (c. 17), ss. 1(4)(a), 2(2); S.I. 2025/1342, reg. 2
5. F5 Words in s. 80D(1A)(b) inserted (6.1.2026) by Employment Rights Act 2025 (c. 36), ss. 27(5)(a), 159(3); S.I. 2026/3, reg. 2(12)(b)
6. F6 Words in s. 80D(2) inserted (29.12.2025) by Paternity Leave (Bereavement) Act 2024 (c. 17), ss. 1(4)(b), 2(2); S.I. 2025/1342, reg. 2
7. F7 S. 80D(3) inserted (29.12.2025) by Paternity Leave (Bereavement) Act 2024 (c. 17), ss. 1(4)(c), 2(2); S.I. 2025/1342, reg. 2
8. F8 Words in s. 80D(3) substituted (6.1.2026) by Employment Rights Act 2025 (c. 36), ss. 27(5)(b), 159(3); S.I. 2026/3, reg. 2(12)(b)