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Regulation 14 Redundancy

Original text. Later amendments are not shown.

(1)

This regulation applies where it is not practicable by reason of redundancy for an employer to continue to employ an employee under the employee’s existing contract of employment during—

(a)

the period during which the employee is taking bereaved partner’s paternity leave, or

(b)

where the period of bereaved partner’s paternity leave referred to in sub-paragraph (a) is six weeks or longer, the post-leave protected period.

(2)

For the purposes of paragraph (1)(b), the post-leave protected period—

(a)

begins with the day immediately following the final day of the employee’s period of bereaved partner’s paternity leave,

(b)

continues during any period of continuous employment that includes the period of bereaved partner’s paternity leave referred to in sub-paragraph (a), and

(c)

ends immediately before the relevant day.

(3)

The relevant day referred to in paragraph (2)(c) is the day after the end of a period of 18 months beginning with the day on which the child—

(a)

in a birth case or parental order case, was born;

(b)

in a domestic adoption case, was placed for adoption;

(c)

in an overseas adoption case, entered Great Britain.

(4)

Where there is a suitable available vacancy, the employee is entitled to be offered, before the end of the employee’s employment under the existing contract of employment, alternative employment with the employer, the employer’s successor, or an associated employer, under a new contract of employment which—

(a)

complies with paragraph (5), and

(b)

takes effect immediately on the ending of the employee’s employment under the previous contract.

(5)

The new contract of employment must be such that—

(a)

the work to be done under it is of a kind which is both suitable in relation to the employee and appropriate for the employee to do in the circumstances, and

(b)

its provisions as to the capacity and place in which the employee is to be employed, and as to the other terms and conditions of the employee’s employment, are not substantially less favourable to the employee than if the employee had continued to be employed under the previous contract.