Search Legislation

Employment Rights Act 1996

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes to legislation:

Employment Rights Act 1996, Chapter 1A is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1[F2Chapter 1AE+W+SAdoption leave

Textual Amendments

F1Pt. 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)

75A Ordinary adoption leaveE+W+S

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

[F3(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)[F4being 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.]]

[F4being 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.

[F5(2A)Regulations under subsection (2)[F6]

[F6(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;]

[F7(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.]

[F8(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

(c)is entitled to return from leave to a job of a prescribed kind.

(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.

[F9(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.]

Textual Amendments

F5S. 75A(2A) inserted (27.6.2006 for certain purposes, otherwise 1.10.2006) by Work and Families Act 2006 (c. 18), ss. 11, 19, Sch. 1 para. 33; S.I. 2006/1682, art. 2(c), 3(c)(d)

F7Words in s. 75A(2A)(c) renumbered as s. 75A(2A)(c) (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 118(4)(b), 139(6); S.I. 2014/1640, art. 3(1)(b)

Modifications etc. (not altering text)

C2S. 75A amendment to earlier affecting provision S.I. 2014/3095, reg. 2 (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 8

75B Additional adoption leaveE+W+S

(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.

[F10(3)Regulations under subsection (2)—

(a)may allow an employee [F11to bring forward the date on which an additional adoption leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions;]

[F12(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.]

[F13(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

(c)is entitled to return from leave to a job of a prescribed kind.

(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.

[F14(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 Redundancy and dismissalE+W+S

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

[F15(a)redundancy during, or after, an ordinary or additional adoption leave period, or

(b)dismissal (other than by reason of redundancy) during 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.

Textual Amendments

75D Chapter 1A: supplementalE+W+S

(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.

[F16(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 [F17under 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. ]]

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources