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Regulation 39 Redundancy : shared parental leaveF2I1C1

England, Wales and Scotland

F1(1)

Subject to paragraph (1C), this regulation applies where it is not practicable by reason of redundancy for an employer to continue to employ an employee under their existing contract of employment during—

(a)

a period in which the employee is taking shared parental leave; or

(b)

where the employee is not on shared parental leave, the additional protected period.

(1A)

For the purposes of paragraph (1)(b) the additional protected period—

(a)

begins with the day after the employee has taken six consecutive weeks of shared parental leave;

(b)

continues during any period of continuous employment that includes the shared parental leave referred to in sub-paragraph (a); and

(c)

ends immediately before the relevant day.

(1B)

The relevant day referred to in paragraph (1A)(c) is the day after a period of 18 months beginning with the day on which the child was—

(a)

born, where the entitlement to shared parental leave arises under Part 2 (entitlement to shared parental leave (birth)) of these Regulations;

(b)

placed with the employee for adoption, where the entitlement to shared parental leave arises under Part 3 (entitlement to shared parental leave (adoption)) of these Regulations.

(1C)

This regulation does not apply where either of the following regulations applies—

(a)

regulation 10 of the Maternity and Parental Leave etc. Regulations 1999 ; or

(b)

regulation 23 of the Paternity and Adoption Leave Regulations 2002.

(2)

Where there is a suitable alternative vacancy, the employee is entitled to be offered (before the end of the employee’s employment under the contract of employment) alternative employment with the employer, the employer’s successor, or an associated employer, under a new contract of employment which complies with paragraph (3) and takes effect immediately on the ending of the employee’s employment under the previous contract.

(3)

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.

Annotations

Textual amendments

F1

Reg. 39(1)-(1C) substituted for reg. 39(1) (6.4.2024) by The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 (S.I. 2024/264), regs. 1(2), 7(b)

F2

Reg. 39 heading: colon substituted for word (6.4.2024) by The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 (S.I. 2024/264), regs. 1(2), 7(a) (with reg. 3(4)(5))

Modifications

C1

Reg. 39 applied (with modifications) (6.4.2024) by S.I. 2014/3092, reg. 20A (as inserted by The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 (S.I. 2024/264), regs. 1(3), 8)

Commencement

I1

Reg. 39 in force at 1.12.2014, see reg. 1