28.—(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.