OpenLegislation

Regulation 28 Protection from detrimentI1

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An employee is entitled under Article 70C of the 1996 Orderf1 not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer because–

(a)

the employee took or sought to take paternity leave or ordinary or additional adoption leave;

(b)

the employer believed that the employee was likely to take ordinary or additional adoption leave, or

(c)

the employee failed to return after a period of additional adoption leave in a case where–

(i)

the employer did not notify him, in accordance with regulation 17(7) and (8) or otherwise, of the date on which that period ended, and he reasonably believed that the period had not ended, or

(ii)

the employer gave him less than 28 days' notice of the date on which the period would end, and it was not reasonably practicable for him to return on that date.

(2)

Paragraph (1) does not apply where the detriment in question amounts to dismissal within the meaning of Part XI of the 1996 Order.

Annotations

Commencement

I1

Reg. 28 in operation at 8.12.2002, see reg. 1

Footnotes

f1

S.I. 1996/1919 (N.I. 16); Article 70C was inserted by paragraph 3 of Part III of Schedule 4 to the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)) and amended by paragraph 4(6) and (7) of Schedule 2 to the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2))