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Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002

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Avoidance of liability for statutory paternity pay

20.—(1) A former employer shall be liable to make payments of statutory paternity pay to a former employee in any case where the employee had been employed for a continuous period of at least 8 weeks and his contract of service was brought to an end by the former employer solely, or mainly, for the purpose of avoiding liability for statutory paternity pay.

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

(a)the employee shall be treated as if he had been employed for a continuous period ending with the child’s birth or, as the case may be, the placement of the child for adoption;

(b)his normal weekly earnings shall be calculated by reference to his normal weekly earnings for the period of 8 weeks ending with the last day in respect of which he was paid under his former contract of service.

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