Regulation 2 Application

(1)

Part 2 (bereaved partner’s paternity leave) applies only in relation to a child whose primary carer dies on or after the date these Regulations come into force.

(2)

Regulation 15 (protection from detriment) applies only in relation to an act or failure to act which takes place on or after the date these Regulations come into force.

(3)

For the purposes of paragraph (2)—

(a)

where an act extends over a period, the act takes place on the final day of that period, and

(b)

a failure to act is to be treated as done when it was decided on.

(4)

For the purposes of paragraph (3)(b), in the absence of evidence establishing the contrary, an employer is to be taken to decide on a failure to act—

(a)

when the employer does an act inconsistent with doing the failed act, or

(b)

if the employer has done no such inconsistent act, when the period expires within which the employer might reasonably have been expected to do the failed act if it were to be done.

(5)

Regulation 16 (unfair dismissal) applies only in relation to dismissals where the effective date of termination (within the meaning of section 97 of the 1996 Act) falls on or after the date these Regulations come into force.