Part 4PAYMENT OF STATUTORY NEONATAL CARE PAY

Avoidance of liability for statutory neonatal care pay

regulation 27 + 27.—(1) A former employer is liable to make payments of statutory neonatal care 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 neonatal care pay.

(2) In a case falling within paragraph (1)—

regulation 27 2 a + (a)the employee must be treated as if the employee had been employed for a continuous period ending with the relevant week, and

regulation 27 2 b + (b)regulation 23 (4) (relevant period for the purpose of the calculation of normal weekly earnings) applies 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).”.