Unfair dismissal24
1
In a case where P is dismissed, P is entitled under Article 131 of the 1996 Order16 to be regarded for the purpose of Part 11 of that Order as unfairly dismissed if—
a
the reason or principal reason for the dismissal is of a kind specified in paragraph (3), or
b
the reason or principal reason for the dismissal is that P is redundant and regulation 18 has not been complied with.
2
In a case where P is dismissed, P shall also be regarded for the purposes of Part 11 of the 1996 Order as unfairly dismissed if—
a
the reason (or, if more than one, the principal reason) for the dismissal is that P was redundant,
b
it is shown that the circumstances constituting the redundancy applied equally to one or more employees in the same undertaking who had positions similar to that held by P and who have not been dismissed by E, and
c
it is shown that the reason (or if more than one, the principal reason) for which P was selected for dismissal was a reason of a kind specified in paragraph (3).
3
The kinds of reason referred to in paragraph (1) and (2) are reasons connected with any of the following facts—
a
that P took, sought to take, or made use of, the benefits of additional paternity leave;
b
that E believed that P was likely to take additional paternity leave;
c
that P failed to return after a period of additional paternity leave in a case where—
i
E did not notify P, in accordance with regulations 8, 8 as modified by regulation 10, or otherwise, of the date on which that period ended, and P reasonably believed that the period had not ended, or
ii
that E gave P less than 28 days’ notice of the date on which the period would end, and it was not reasonably practicable for P to return on that date; or
d
that P undertook, considered undertaking or refused to undertake work in accordance with regulation 16.
4
For the purposes of paragraph (3)(a), P makes use of the benefits of additional paternity leave if, during P’s additional paternity leave period, P benefits from any of the terms and conditions of P’s employment preserved by Article 112C of the 1996 Order and regulation 17 during that period.
5
Paragraph (1) does not apply in relation to P if—
a
it is not reasonably practicable for a reason other than redundancy for E (who may be E or E’s successor) to permit P to return to a job which is both suitable for P and appropriate for P to do in the circumstances,
b
an associated employer offers P a job of that kind, and
c
P accepts or unreasonably refuses that offer.
6
Where, on a complaint of unfair dismissal, any question arises as to whether the operation of paragraph (1) is excluded by the provisions of paragraph (5), it is for E to show that the provision in question was satisfied in relation to the complainant.