Statutory adoption pay

Avoidance of liability for statutory adoption pay in respect of adoptions from overseas18

1

A former employer shall be liable to make payments of statutory adoption pay to a former employee in any case where the employee had been employed for a continuous period of at least eight weeks and his contract of service was brought to an end by the former employer solely, or mainly, for the purpose of avoiding liability for statutory adoption pay.

2

In a case falling within paragraph (1)—

a

the employee shall be treated as if he has been employed for a continuous period ending with the week in which he received official notification; and

b

his normal weekly earnings shall be calculated by reference to his normal weekly earnings for the period of eight weeks ending with the last day in respect of which he was paid under his former contract of service.