PART 4Provisions applicable to both types of additional paternity leave

Redundancy during additional paternity leave28

1

This regulation applies where, during P’s additional paternity leave period, it is not practicable by reason of redundancy for E to continue to employ P under P’s existing contract of employment.

2

Where there is a suitable alternative vacancy, P is entitled to be offered (before the end of P’s employment under P’s existing contract) alternative employment with E or E’s successor, or an associated employer, under a new contract of employment which complies with paragraph (3) and takes effect immediately on the ending of P’s employment under the previous contract.

3

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 P and appropriate for P to do in the circumstances, and

b

its provisions as to the capacity and place in which P is to be employed, and as to the other terms and conditions of P’s employment, are not substantially less favourable to P than if P had continued to be employed under the previous contract.