Part 3TAKING NEONATAL CARE LEAVE

Unfair dismissal

regulation 18 + 18.—(1) An employee who is dismissed is entitled under Section 99 of the Act to be regarded for the purposes of Part 10 of that Act as unfairly dismissed if the reason or principal reason for the dismissal is of a kind specified in paragraph (3).

(2) An employee who is dismissed is also to be regarded for the purposes of Part 10 of the Act as unfairly dismissed if—

regulation 18 2 a + (a)the reason or principal reason for the dismissal is that the employee was redundant,

regulation 18 2 b + (b)it is shown that the circumstances constituting the redundancy applied equally to one or more employees in the same undertaking who had positions similar to that held by the employee and who have not been dismissed by the employer, and

regulation 18 2 c + (c)it is shown that the reason or principal reason for which the employee was selected for dismissal was a reason of a kind specified in paragraph (3).

(3) The reasons referred to in paragraphs (1) and (2) are reasons connected with any of the following facts—

regulation 18 3 a + (a)that the employee took, sought to take or made use of the benefits of, neonatal care leave,

regulation 18 3 b + (b)that the employer believed that the employee was likely to take neonatal care leave.

(4) For the purposes of paragraph (3)(a) an employee makes use of the benefits of neonatal care leave if, during a period of neonatal care leave, the employee benefits from any of the terms and conditions of employment preserved by regulation 13 during that period.