The Paternity and Adoption Leave Regulations 2002

[F1 Redundancy:] adoption leave E+W+S

23.— [F2 (1) 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) the statutory adoption leave period, or

(b) the additional protected period.

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

(a) begins with the day after the last day of the employee’s statutory adoption leave period;

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

(c) ends immediately before the relevant day.

(1B) For the purposes of paragraph (1A)(c) the relevant day is the day after a period of 18 months beginning with the day the child is placed with the employee for adoption.]

(2) Where there is a suitable available vacancy, the employee is entitled to be offered (before the end of his employment under his existing contract) alternative employment with his employer or his 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 his 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 him to do in the circumstances, and

(b) its provisions as to the capacity and place in which he is to be employed, and as to the other terms and conditions of his employment, are not substantially less favourable to him than if he had continued to be employed under the previous contract.

Textual Amendments

F1 Word in reg. 23 heading substituted (6.4.2024) by The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 (S.I. 2024/264), regs. 1(2), 5(a) (with reg. 3(3))

F2 Reg. 23(1)-(1B) substituted for reg. 23(1) (6.4.2024) by The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 (S.I. 2024/264), regs. 1(2), 5(b) (with reg. 3(3))

Commencement Information

I1 Reg. 23 in force at 8.12.2002, see reg. 1