23. (1) Subject to section 24 , an employee who is absent from work while on paternity leave shall be entitled to return to work—

(a) with the employer with whom the employee was working immediately before the commencement of the period of absence, or where during the employee’s absence from work there was a change of ownership of the undertaking in which the employee was employed immediately before the absence, with the owner (in this Act referred to as the “successor”) of the undertaking at the expiry of the period of absence,

(b) in the job which the employee held immediately before the commencement of that period,

(c) under the contract of employment under which the employee was employed immediately before the commencement of that period or, where a change of ownership such as is referred to in paragraph (a) has occurred, under a contract of employment with the successor which is identical to the contract under which the employee was employed immediately before the commencement of that period, and (in either case) under terms or conditions—

(i) not less favourable than those that would have been applicable to the employee, and

(ii) that incorporate any improvement to the terms or conditions of employment to which the employee would have been entitled,

if he or she had not been so absent from work, and

(d) on the date specified in subsection (3).

(2) For the purposes of subsection (1)(b), where the job held by an employee immediately before the commencement of the period of absence concerned was not the employee’s normal or usual job, the employee shall be entitled to return to work, either in his or her normal or usual job or in the job so held as soon as practicable without contravention by the employee or the employer of any provision of a statute or instrument made under statute.

(3) Without prejudice to an employee who returns to work under section 12(2)(a), the date referred to in subsection (1)(d) shall be the first working day following the date notified under subsection (1), (2) or (3), as appropriate, of section 24 .

(4) In this section “job”, in relation to an employee, means the nature of the work which he or she is employed to do in accordance with his or her contract of employment and the capacity and place in which he or she is so employed.