PART 4Provisions applicable to both types of additional paternity leave
Protection from detriment33
1
P is entitled under Article 70C of the 1996 Order not to be subjected to any detriment by any act, or any deliberate failure to act, by E because—
a
P took, sought to take or made use of the benefits of additional paternity leave;
b
E believed that P was likely to take additional paternity leave;
c
P failed to return after a period of additional paternity leave in a case where—
i
E did not notify P, in accordance with regulations 8, 8 as modified by regulation 10, 18, 18 as modified by regulation 20, or otherwise, of the date on which that period ended, and P reasonably believed that the period had not ended, or
ii
E gave P less than 28 days’ notice of the date on which the period would end, and it was not reasonably practicable for P to return on that date;
d
P undertook, considered undertaking or refused to undertake work in accordance with regulation 26.
2
For the purposes of paragraph (1)(a), P makes use of the benefits of additional paternity leave if, during P’s additional paternity leave period, P benefits from any of the terms and conditions of P’s employment preserved by Article 112C of the 1996 Order and regulation 27 during that period.
3
Paragraph (1) does not apply where the detriment in question amounts to dismissal within the meaning of Part 11 of the 1996 Order.