Amendment of the 2014 Regulations

7.  Regulation 39 of the 2014 Regulations (redundancy during shared parental leave) is amended as follows—

(a) in the heading, for “during” substitute “:”;

(b) for paragraph (1) substitute—

“(1) Subject to paragraph (1C), this regulation applies where it is not practicable by reason of redundancy for an employer to continue to employ an employee under their existing contract of employment during—

(a) a period in which the employee is taking shared parental leave; or

(b) where the employee is not on shared parental leave, the additional protected period.

(1A) For the purposes of paragraph (1)(b) the additional protected period—

(a) begins with the day after the employee has taken six consecutive weeks of shared parental leave;

(b) continues during any period of continuous employment that includes the shared parental leave referred to in sub-paragraph (a); and

(c) ends immediately before the relevant day.

(1B) The relevant day referred to in paragraph (1A)(c) is the day after a period of 18 months beginning with the day on which the child was—

(a) born, where the entitlement to shared parental leave arises under Part 2 (entitlement to shared parental leave (birth)) of these Regulations;

(b) placed with the employee for adoption, where the entitlement to shared parental leave arises under Part 3 (entitlement to shared parental leave (adoption)) of these Regulations.

(1C) This regulation does not apply where either of the following regulations applies—

(a) regulation 10 of the Maternity and Parental Leave etc. Regulations 1999 (1); or

(b) regulation 23 of the Paternity and Adoption Leave Regulations 2002(2).”.

(1)

S.I. 1999/3312.

(2)

S.I. 2002/2788, to which there are amendments not relevant to these Regulations.