PART IV STATUTORY PATERNITY PAY: PROVISIONS APPLICABLE TO BOTH STATUTORY PATERNITY PAY (BIRTH) AND STATUTORY PATERNITY PAY (ADOPTION)

20 Avoidance of liability for statutory paternity pay
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.