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Dismissal related to Paternity Leave

Employees are protected from suffering a detriment or dismissal for taking, or seeking to take, paternity leave. Employees who believe they have been treated unfairly for these reasons can complain to an employment tribunal regardless of their length of service. Employees who are not given their job back at the end of paternity leave are entitled to make a complaint of unfair dismissal, regardless of their length of service.

It is unlawful for an employer to dismiss an employee because he:

  • took paternity leave or
  • sought to take paternity leave

This protection against dismissal also applies if an employee is selected for redundancy on these grounds.

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