Regulation 15 Protection from detriment
An employee is entitled under section 47C (2) (ca) of the 1996 Act not to be subjected to any detriment by any act, or any deliberate failure to act, by the employer because—
the employee took, sought to take, or made use of the benefits of, bereaved partner’s paternity leave,
the employer believed that the employee was likely to take bereaved partner’s paternity leave, or
the employee undertook, considered undertaking or refused to undertake work in accordance with regulation 11 (work during a period of bereaved partner’s paternity leave).
For the purposes of paragraph (1)(a), an employee makes use of the benefits of bereaved partner’s paternity leave if, during a period of bereaved partner’s paternity leave, the employee benefits from any of the terms and conditions of employment preserved by regulation 10 (application of terms and conditions during a period of bereaved partner’s paternity leave) during that period.
Paragraph (1) does not apply where the detriment in question amounts to a dismissal within the meaning of Part 10 of the 1996 Act.