33.—(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.