PART 4PAYMENT OF STATUTORY PARENTAL BEREAVEMENT PAY

Avoidance of liability for statutory parental bereavement payI122

1

A former employer shall be liable to make payments of statutory parental bereavement pay to a former employee in any case where the employee had been employed for a continuous period of at least 8 weeks and the employee's contract of service was brought to an end by the former employer solely, or mainly, for the purpose of avoiding liability for statutory parental bereavement pay.

2

In a case falling within paragraph (1)—

a

the employee shall be treated as if the employee had been employed for a continuous period ending with C's death, and

b

regulation 19(4) (relevant period for the purpose of the calculation of normal weekly earnings) shall apply as if it read—

4

The relevant period is the period—

a

ending on the last day of payment under the former contract of employment, and

b

beginning with the day following the day of payment under that contract to fall at least 8 weeks earlier than the day of payment mentioned in sub-paragraph (a).