42.—(1) An employee is entitled under Article 70C M1 of the 1996 Order not to be subjected to any detriment by any act, or any deliberate failure to act, by an employer because—
(a)the employee took, sought to take, or made use of the benefits of, shared parental leave;
(b)the employer believed that the employee was likely to take shared parental leave; or
(c)the employee undertook, considered undertaking, or refused to undertake work in accordance with regulation 37.
(2) For the purposes of paragraph (1)(a), the employee makes use of the benefits of shared parental leave if, during a period of shared parental leave, the employee benefits from any of the terms and conditions of employment preserved by regulation 38 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.
Marginal Citations
M1Article 70C was inserted by S.I. 1999/2790 (N.I. 9)), Schedule 4, Part 3, paragraph 3, and amended for relevant purposes by 2015 c. 1 (N.I.), Schedule 1, paragraph 4(5).