Part 3TAKING NEONATAL CARE LEAVE

Redundancy during neonatal care leave

regulation 14 + 14.—(1) This regulation applies where it is not practicable by reason of redundancy for an employer to continue to employ an employee under the existing contract of employment during—

regulation 14 1 a + (a)a period in which the employee is taking neonatal care leave; or

regulation 14 1 b + (b)where the employee is not on neonatal care leave, the additional protected period.

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

regulation 14 2 a + (a)begins with the day after the employee has taken six consecutive weeks of neonatal care leave;

regulation 14 2 b + (b)continues during any period of continuous employment that includes the neonatal care leave referred to in sub-paragraph (a); and

regulation 14 2 c + (c)ends immediately before the relevant day.

(3) The relevant day referred to in paragraph (2)(c) is the day after a period of 18 months beginning with the day on which the child—

regulation 14 3 a + (a)was born, where the entitlement to neonatal care leave arises under regulation 5(2) (birth and surrogacy) of these Regulations;

regulation 14 3 b + (b)was placed for adoption, where the entitlement to neonatal care leave arises under regulation 5(3) (adoption and prospective adoption) of these Regulations; or

regulation 14 3 c + (c)entered Great Britain, where the entitlement to neonatal care leave arises under regulation 5(4) (adoption from overseas) of these Regulations.

(4) Where there is a suitable alternative vacancy, the employee is entitled to be offered (before the end of the employee's employment under the contract of employment) alternative employment with the employer, the employer's successor, or an associated employer, under a new contract of employment which complies with paragraph (5) and takes effect immediately on the ending of the employee's employment under the previous contract.

(5) The new contract of employment must be such that—

regulation 14 5 a + (a)the work to be done under it is of a kind which is both suitable in relation to the employee and appropriate for the employee to do in the circumstances, and

regulation 14 5 b + (b)its provisions as to the capacity and place in which the employee is to be employed, and as to the other terms and conditions of the employee's employment, are not substantially less favourable to the employee than if the employee had continued to be employed under the previous contract.

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

regulation 14 6 a + (a)regulation 10 of the Maternity and Parental Leave etc. Regulations 1999(1); or

regulation 14 6 b + (b)regulation 23 of the Paternity and Adoption Leave Regulations 2002(2).