Employment Rights Act 1996, section 47C

Leave for family and domestic reasons

Part V Protection from suffering detriment in employment

(1)An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done for a prescribed reason.

(2)A prescribed reason is one which is prescribed by regulations made by the Secretary of State and which relates to—

(a)pregnancy, childbirth or maternity,

[F249 (aa)time off under section 57ZE,F249]

[F250 (ab)time off under section 57ZJ or 57ZL,F250]

(b)ordinary, compulsory or additional maternity leave,

[F251 (ba)ordinary or additional adoption leave,F251]

[F252 (bb)shared parental leave,F252]

[F253 (bc)carer’s leave,F253]

(c)parental leave,

[F254 (ca)F255 ... paternity leave,F254]

[F256 (cb)[F257 parentalF257] bereavement leave,F256]

[F258 (cc)neonatal care leave,F258] or

(d)time off under section 57A.

(3)A reason prescribed under this section in relation to parental leave may relate to action which an employee takes, agrees to take or refuses to take under or in respect of a collective or workforce agreement.

(4)Regulations under this section may make different provision for different cases or circumstances.

[F259 (5)An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the temporary work agency or the hirer done on the ground that—

(a)being a person entitled to—

(i)time off under section 57ZA, and

(ii)remuneration under section 57ZB in respect of that time off,

the agency worker exercised (or proposed to exercise) that right or received (or sought to receive) that remuneration,

(b)being a person entitled to time off under section 57ZG, the agency worker exercised (or proposed to exercise) that right,

(c)being a person entitled to—

(i)time off under section 57ZN, and

(ii)remuneration under section 57ZO in respect of that time off,

the agency worker exercised (or proposed to exercise) that right or received (or sought to receive) that remuneration, or

(d)being a person entitled to time off under section 57ZP, the agency worker exercised (or proposed to exercise) that right.

(6)Subsection (5) does not apply where the agency worker is an employee.

(7) In this section the following have the same meaning as in the Agency Workers Regulations 2010 ( S.I. 2010/93)—

  • “agency worker”;

  • “hirer”;

  • “temporary work agency”. F259,F248]]

Definitions used in section 47C 10

employee

(1) In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.

Defined in s.230(1) · see it in the full Act
act

“act” and “action” each includes omission and references to doing an act or taking action shall be construed accordingly,

Defined in s.235(1) · see it in the full Act
employer

(4) In this Act “employer”, in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed.

Defined in s.230(4) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
childbirth

“childbirth” means the birth of a living child or the birth of a child whether living or dead after twenty-four weeks of pregnancy,

Defined in s.235(1) · see it in the full Act
shared parental leave

“shared parental leave” means leave under section 75E or 75G,

Defined in s.235(1) · see it in the full Act
carer’s leave

“carer’s leave” means leave under section 80J,

Defined in s.235(1) · see it in the full Act
paternity leave

“paternity leave” means leave under section 80A or 80B,

Defined in s.235(1) · see it in the full Act
bereavement leave

“bereavement leave” means leave under section 80EA;

Defined in s.235(1) · see it in the full Act
neonatal care leave

“neonatal care leave” means leave under section 80EF,

Defined in s.235(1) · see it in the full Act
action

“act” and “action” each includes omission and references to doing an act or taking action shall be construed accordingly,

Defined in s.235(1) · see it in the full Act

Cases considering section 47C 8

Hollinghurst v James Hall & Co Ltd

Hollinghurst v James Hall & Co Ltd [2017] UKEAT 0162_17_2112 (21 December 2017) · 21 December 2017

Section 47C provides a right not to be subjected to a detriment for reasons connected with pregnancy or maternity leave. The EAT considered the section in context and held that, absent a finding that the act was pregnancy-related, the claimant could not rely on it (see paras [5]; [18]; [23]).

South Central Trains Ltd v Rodway

[2005] EWCA Civ 443 · 18 April 2005

The court applied section 47 C as the statutory route for a detriment claim based on taking or seeking parental leave; entitlement to the leave was decisive to the claim. (see paras [5]-[6])

Eddie Stobart Limited v Caitlin Graham

[2025] EAT 14 · 29 January 2025

The EAT confirmed that injury-to-feelings compensation can be awarded for detriment claims under Part V, including section 47C. (see para [30])

2 more judgments, and what each says about section 47C, are in the case-law panel in the full Act.

Amendments and notes

12 notes from legislation.gov.uk

Amendments

  1. F248S. 47C inserted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 8; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)
  2. F249S. 47C(2)(aa) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 127(2)(a), 139(6); S.I. 2014/1640, art. 3(1)(i)
  3. F250S. 47C(2)(ab) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 128(2)(a), 139(6); S.I. 2014/1640, art. 3(1)(j)
  4. F251S. 47C(2)(ba) inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 26(2); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2
  5. F252S. 47C(2)(bb) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 31(a); S.I. 2014/1640, art. 3(2)(g)
  6. F253S. 47C(2)(bc) inserted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 5; S.I. 2023/1283, reg. 2
  7. F254S. 47C(2)(ca) substituted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 11, 19, Sch. 1 para. 30; S.I. 2010/495, art. 3(c)
  8. F255Words in s. 47C(2)(ca) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 31(b); S.I. 2014/1640, art. 7(n) (with art. 16)
  9. F256S. 47C(2)(cb) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 22; S.I. 2020/45, reg. 2
  10. F257Word in s. 47C(2)(cb) omitted (6.1.2026 for specified purposes) by virtue of Employment Rights Act 2025 (c. 36), ss. 18(4), 159(3); S.I. 2026/3, reg. 2(9)(b) text omitted for certain specified purposes only, see the commentary.
  11. F258S. 47C(2)(cc) inserted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 22; S.I. 2025/41, reg. 2
  12. F259S. 47C(5)-(7) inserted (1.10.2014 for specified purposes, 5.4.2015 for specified purposes) by Children and Families Act 2014 (c. 6), ss. 129(1), 139(6); S.I. 2014/1640, arts. 4(b), 6(e) text inserted for certain specified purposes only, see the commentary.