Explanatory note

These Regulations amend provisions relating to adoption leave in the Paternity and Adoption Leave Regulations (Northern Ireland) 2002 (S.R. 2002 No. 377) (“the principal Regulations”).

The amendments have effect in relation to an employee whose child is expected to be placed with him for adoption on or after 1st April 2007 or, in cases of overseas adoption as defined in the Paternity and Adoption Leave (Adoption from Overseas) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 222) (“the 2003 Regulations”), an adopter whose child enters Northern Ireland on or after the 1st April 2007.

As the principal Regulations apply to overseas adoptions subject to the modifications set out in the 2003 Regulations, and the changes being made to the principal Regulations do not affect these modifications, they shall apply to adoptions from overseas without additional amendments being required to the 2003 Regulations.

Regulation 5 inserts the definitions of “statutory adoption leave” and “statutory adoption leave period”.

Regulation 6 inserts a new regulation 21A which enables an employee on adoption leave to agree with his employer to work for up to 10 days during the statutory adoption leave period without bringing that period to an end as a result of carrying out the work. For the purposes of that new provision, “work” may include training or any other activity undertaken to assist the employee in keeping in touch with the workplace. The new provision also sets out that reasonable contact which employers and employees are entitled to have with each other during the adoption leave period does not bring that period to an end.

Any work carried out under the new provision must be by agreement between the parties and there is no right for an employer to demand that an employee undertake any such work, nor for an employee to do such work. The regulation also provides that any such days’ work shall not have the effect of extending the adoption leave period.

Regulation 7 extends the period of notice which the employee is required to give to the employer of his intention to return to work earlier than the end of his additional adoption leave from 28 days to 8 weeks. The time period is similarly extended from 28 days to 8 weeks in circumstances where the employer delays the employee’s return due to the employee’s failure to comply with the notification requirements in regulation 25(1).

Regulation 7 also sets out notification requirements where the employee changes his mind as to his intended return date. If, after notifying the employer that he intends to return before the end of his statutory adoption leave period on return date X, he then decides to return on an earlier date, he is required to give 8 weeks’ notice of the new return date. If he intends to return later than date X, he will be required to give 8 weeks’ notice ending with date X.

Regulation 8 adds undertaking, considering undertaking or refusing to undertake any work in accordance with new regulation 21A to the list of reasons for which an employee is entitled to protection from detriment under Article 70C of the Employment Rights (Northern Ireland) Order 1996.

Regulation 9 similarly adds undertaking, considering undertaking or refusing to undertake any work in accordance with new regulation 21A to the list of reasons for which an employee, if dismissed for such a reason, is unfairly dismissed under Article 131 of the Employment Rights (Northern Ireland) Order 1996. The regulation also removes the small employers’ exemption in order to clarify that the employee has a right to return to the same or a similar job regardless of the size of the organisation for which the employee works. If he is prevented from so doing in these circumstances his dismissal will be automatically unfair under Article 131 of the Employment Rights (Northern Ireland) Order 1996.