BPPL: Protection against detriment or dismissal

Detrimental treatment

You must not subject an employee to any detriment in relation to bereaved partner's paternity leave (BPPL). This means you can't do something (or deliberately not do something) that disadvantages them because they take, or want to take, or you believe they may take BPPL.

Examples of detrimental treatment include denial of promotion, facilities or training opportunities that you would normally have made available to the employee.

If an employee believes you have done this, they may raise a grievance. This may result in a Employment Tribunal claim for detrimental treatment if you fail to address it.

Dismissal

You must not dismiss an employee or select them for redundancy because they take, or want to take, or you believe they may take BPPL.

If you dismiss an employee in these circumstances, they can start an Employment Tribunal claim for unfair dismissal, regardless of how long they've worked for you.

Redundancy

If a redundancy situation arises while an employee is on BPPL or within the additional protected period, the employee will be entitled to be offered (as opposed to just have the right to apply for) alternative employment if there's a suitable alternative vacancy.

The vacancy must be offered before the employee's existing contract ends and must start immediately after the end of that contract.

The additional protected period applies to employees who take at least 6 weeks of BPPL (so it won't apply to employees who take shorter periods). It starts the day that they return to work and ends 18 months after the child's birth or (for adoptions) placement date.