Part 3TAKING NEONATAL CARE LEAVE

Redundancy during neonatal care leave

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—

(a)a period in which the employee is taking neonatal care leave; or

(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—

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

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

(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—

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

(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

(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—

(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

(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—

(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).