The Paternity and Adoption Leave Regulations 2002

Protection from detriment E+W+S

28.—(1) An employee is entitled under section 47C of the 1996 Act(1) not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer because—

[F1 (za) the employee took or sought to take time off under section 57ZE of the 1996 Act;

(zb) the employer believed that the employee was likely to take time off under section 57ZE of the 1996 Act;]

[F2 (zc) the employee took or sought to take time off under section 57ZJ or 57ZL of the 1996 Act;

(zd) the employer believed that the employee was likely to take time off under section 57ZJ or 57ZL of the 1996 Act;]

(a) the employee took or sought to take paternity leave or ordinary or additional adoption leave;

(b) the employer believed that the employee was likely to take ordinary or additional adoption leave, F3 ...

[F4 (bb) the employee undertook, considered undertaking or refused to undertake work in accordance with regulation 21A; or]

(c) the employee failed to return after a period of additional adoption leave in a case where—

(i) the employer did not notify him, in accordance with regulation 17(7) and (8) or otherwise, of the date on which that period ended, and he reasonably believed that the period had not ended, or

(ii) the employer gave him less than 28 days' notice of the date on which the period would end, and it was not reasonably practicable for him to return on that date.

(2) Paragraph (1) does not apply where the detriment in question amounts to dismissal within the meaning of Part 10 of the 1996 Act.

Textual Amendments

F1 Reg. 28(1)(za)(zb) inserted (1.10.2014) by The Paternity and Adoption Leave (Amendment) Regulations 2014 (S.I. 2014/2112), regs. 1(2), 10 (with reg. 14(1))

F2 Reg. 28(1)(zc)(zd) inserted (5.4.2015) by The Paternity and Adoption Leave (Amendment) Regulations 2014 (S.I. 2014/2112), regs. 1(4), 11 (with reg. 14(2))

F3 Word in reg. 28 omitted (1.10.2006 with effect from 1.4.2007 in accordance with reg. 2 of the amending S.I.) by virtue of The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2006 (S.I. 2006/2014), regs. 1, 16

F4 Reg. 28(1)(bb) inserted (1.10.2006 with effect from 1.4.2007 in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2006 (S.I. 2006/2014), regs. 1, 16

Commencement Information

I1 Reg. 28 in force at 8.12.2002, see reg. 1

(1)

1996 c. 18; section 47C was inserted by paragraph 8 of Part 3 of Schedule 4 to the Employment Relations Act 1999 and amended by paragraph 26 of Schedule 7 to the Employment Act 2002.