{
  "url": "https://openlegislation.uk/draft-additional-paternity-leave-adoptions-from-overseas-regulations-2010/regulation-23",
  "json_url": "https://openlegislation.uk/draft-additional-paternity-leave-adoptions-from-overseas-regulations-2010/regulation-23.json",
  "legislation": "ukdsi/2010/9780111493724",
  "legislation_title": "The Additional Paternity Leave (Adoptions from Overseas) Regulations 2010",
  "legislation_url": "https://openlegislation.uk/draft-additional-paternity-leave-adoptions-from-overseas-regulations-2010",
  "path": "regulation/23",
  "kind": "regulation",
  "number": "23",
  "heading": "Protection from detriment",
  "text": "(1) P is entitled under section 47C of the 1996 Act not to be subjected to any detriment by any act, or any deliberate failure to act, by E because—\n(a) P took, sought to take, or made use of the benefits of, additional paternity leave;\n(b) E believed that P was likely to take additional paternity leave;\n(c) P failed to return after a period of additional paternity leave in a case where—\n(i) E did not notify P, in accordance with regulations 8, regulation 8 as modified by regulation 10, or otherwise, of the date on which that period ended, and P reasonably believed that the period had not ended, or\n(ii) E gave P less than 28 days’ notice of the date on which the period would end, and it was not reasonably practicable for P to return on that date;\n(d) P undertook, considered undertaking or refused to undertake work in accordance with regulation 16.\n(2) For the purposes of paragraph (1)(a), P makes use of the benefits of additional paternity leave if, during P’s additional paternity leave period, P benefits from any of the terms and conditions of P’s employment preserved by section 80C of the 1996 Act and regulation 17 during that period.\n(3) Paragraph (1) does not apply where the detriment in question amounts to dismissal within the meaning of Part 10 of the 1996 Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 47C was inserted by the Employment Relations Act 1999 (c. 26), Schedule 4, Part 3, paragraphs 5 and 8. Further relevant amendments were made by the Employment Act 2002 (c.22), Schedule 7, paragraphs 24 and 26 and by the Work and Families Act 2006 (c.18), Schedule 1, paragraph 30."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 80C was inserted by section 1 of the Employment Act 2002 and subsequently amended by section 5 of the Work and Families Act 2006."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2010/9780111493724/regulation/23",
    "retrieved_at": "2026-10-30T14:55:19.310120+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}