Parental & Family Rights: Recent Episodes
Real Employment Law Advice
When a female employee receives full maternity pay should a man on shared parental leave receive the same? In this weeks' episode I review the recent decisions regarding the payment of enhanced pay to fathers who take shared parental leave. There are two decisions of the Employment Tribunal, Leicester ET and Leeds ET which have given conflicting outcomes on this issue. Both cases are likely to be appealed but in the meantime it leaves a degree of uncertainty for employers who currently give additional pay to female employees on maternity leave but not fathers on shared parental leave.
In this episode I will cover: * The facts of the cases; * Background to the introduction of shared parental leave; * How discrimination law is relevant to this situation; * Tips on what you can do as an employer and considerations when it comes to planning enhancements for employees.
Action Points 1. If you currently pay enhanced maternity pay but not shared parental pay ensure that you are signed up for my newsletter below for more information when the appeal decision is released; 2. Consider why you provide enhanced pay to employees and the benefits to your workforce of this; 3. Seek advice if you are unsure what is best for your business; 4. I can help with all of the points above so why not give me a call and let an expert take care of it for you 023 8098 2006 or 01983 897003.
Useful Links & Case References
Ali v Capita Customer Management Ltd - Employment Tribunal
Hextall v Chief Constable of Leicestershire Police - Employment Tribunal
Snell v Network Rail - Employment Tribunal
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Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Employers Questions Answered This is a mini series focusing on family rights at work and the considerations which apply with regards to employees who are parents/will be parents. In this fifth and final episode in the series I answer some frequently asked questions from employers and give guidance on some good practice.
In this episode I will cover answers to the following FAQ's: 1. I have an employee who is always taking time off at short notice because children are ill, what can I do? 2. Can I stop my employee from taking holiday when returning to work from maternity leave? 3. Can employees have time off for children's school events? 4. I have taken on a new employee to cover whilst the regular employee is on maternity leave and they are doing a better job. Can I move the employee on maternity leave to a new job when she returns? 5. I have an employee who is in a same sex relationship whose partner is pregnant, can my employee take paternity leave even though she is not a man (or father)?
Reference: Stelfox v Westco Building Components Ltd Employment Tribunal Case on returning from maternity leave.
Action Points 1. Seek advice before taking action if you are unsure of an employees legal rights; 2. Have a clear policy and procedure regarding family and parental rights; 3. Consider going above and beyond the legal minimum to become the best employer in your industry; 4. Seek advice and support to ensure you get it right. You can contact me by email alison@realemploymentlawadvice.co.uk or phone 023 8098 2006 or 01983 897003 if you would like to discuss.
Getting advice from a Solicitor does not need to be expensive or painful!
The Guardian Article The Employment Law & HR Podcast was recently featured in an article on the Guardian online. You can read the full article here
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Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Shared Parental Leave & Parental Leave This is a mini series focusing on family rights at work and the considerations which apply with regards to employees who are parents/will be parents. In this fourth episode in the series I summarise the two different types of Parental Leave that are available for employees who are parents.
In this episode I will cover: * The difference between Shared Parental Leave and Parental Leave * A summary of Shared Parental Leave * Employee eligibility for Parental Leave * How long employees can take for Parental Leave * Employee rights whilst taking Parental Leave and when they return to work * How an employer can postpone Parental Leave * Employee rights if they take Parental Leave * Practical tips on dealing with Parental Leave
You can listen to a whole episode on Shared Parental Leave here: Episode 12
Read more about Shared Parental Leave in two previous articles here and here Action Points 1. Ensure you understand the difference between Parental Leave and Shared Parental Leave; 2. Check that you have details of both types of leave in your staff Handbook; 3. Seek advice if you receive a request for Parental Leave or Shared Parental Leave and you are unsure of how to handle the situation. You can contact me by email alison@realemploymentlawadvice.co.uk or phone 023 8098 2006 or 01983 897003 if you would like to discuss.
Getting advice from a Solicitor does not need to be expensive or painful!
The Guardian Article The Employment Law & HR Podcast was recently featured in an article on the Guardian online. You can read the full article here
Featured in:
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Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Employee Rights: Some Additional Considerations This is a mini series focusing on family rights at work and the considerations which apply with regards to employees who are parents/will be parents. In this third episode in the series I round off with some final information employers will need to know with regards to employees who take maternity or adoption leave.
In this episode I will cover: * What you need to consider and be aware of with regards to redundancy. * Why you must offer a suitable alternative vacancy to an employee on maternity or adoption leave first. * What happens to an employee's holiday entitlement when they are on maternity or adoption leave. * Why it is important to include details about holiday in a contract or policy. * The additional protection from detriment that employees have when taking maternity or adoption leave. * The additional protection from dismissal because of exercising or intending to exercise the right to take maternity or adoption leave. * Recovery of statutory maternity and adoption pay via HMRC.
Action Points 1. Ensure you include the details of any holiday requirements for employees taking or about to take adoption or maternity leave in your contracts or holiday policy; 2. Ensure your managers and staff understand that employees have protection from detrimental treatment because they are taking maternity or adoption leave; 3. Seek advice if you have an unusual situation or you are not sure what to do. You can contact me by email alison@realemploymentlawadvice.co.uk or phone 023 8098 2006 or 01983 897003 if you would like to discuss.
The Guardian Article The Employment Law & HR Podcast was recently featured in an article on the Guardian online. You can read the full article here
Featured in:
Getting advice from a Solicitor does not need to be expensive or painful!
Sign up for my fortnightly newsletter (next newsletter Monday 19th December 2016) Email Address *
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* indicates required
Please do not worry I will not send you spam!
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Employee Rights to Maternity Leave & Pay and Adoption Leave & Pay This is a mini series focusing on family rights at work and the considerations which apply with regards to employees who are parents/will be parents. In this second episode in the series I bring you details about maternity leave and maternity pay and adoption leave and adoption pay. The rights in terms of maternity and adoption are very similar.
In this episode I will cover: * An employer's legal obligation to reply to an employee within 28 days of receipt of the start date for their maternity or adoption leave. * The right of all employees to maternity leave. * The length of maternity leave. * Employee's rights during maternity leave. * The qualifying criteria for statutory maternity pay. * The right of all employees to adoption leave. * How adoption leave works when a couple are adopting. * The length of adoption leave. * Employee's rights during adoption leave. * The qualifying criteria for statutory adoption pay. * Communication with an employee during maternity or adoption leave. * Keeping in Touch (KIT) days for employees on maternity or adoption leave.
Action Points 1. Ensure you respond within 28 days to an employee who informs you of their intention to take maternity or adoption leave; 2. Check you understand that basic requirements for an employee who wants to take maternity or adoption leave; 3. Check your contracts and any handbook to establish whether employees have any entitlement to enhanced pay when on maternity or adoption leave; 4. Seek advice if you have an unusual situation or you are not sure what to do. You can contact me by email alison@realemploymentlawadvice.co.uk or phone 023 8098 2006 or 01983 897003 if you would like to discuss.
The Guardian Article The Employment Law & HR Podcast was recently featured in an article on the Guardian online. You can read the full article here
Featured in:
Getting advice from a Solicitor does not need to be expensive or painful!
Sign up for my fortnightly newsletter (next newsletter Monday 5th December 2016) Email Address *
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Please do not worry I will not send you spam!
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Employers Obligations: Pregnancy Notification In this weeks' episode I bring you the first episode in a mini series focusing on family rights at work and the considerations which apply with regards to employees who are parents/will be parents.
In this episode I will cover: * When an employee is legally obliged to inform you they are pregnant. * The notification process and information an employee must provide. * Guidance on how to handle the situation the right way when an employee tells you they are pregnant. * When to carry out a Health & Safety Risk Assessment. * What to tell an employee who is pregnant. * An employees right to time off for antenatal appointments. * A 'Qualifying' employees right to time off to accompany a pregnant lady to an antenatal appointment * Additional protection & rights for pregnant employees.
Action Points 1. Check your staff handbook or policies to ensure it includes a pregnancy and maternity leave policy; 2. Ensure your general risk assessment includes an assessment of risk and mitigation of risks for pregnant employees generally; 3. Ensure that your general health and safety risk assessment is up to date; 4. Seek advice before refusing time off for antenatal appointments you can contact me by email alison@realemploymentlawadvice.co.uk or phone 023 8098 2006 or 01983 897003 if you would like to discuss.
The Guardian Article The Employment Law & HR Podcast was recently featured in an article on the Guardian online. You can read the full article here
Featured in:
Getting advice from a Solicitor does not need to be expensive or painful!
Sign up for my fortnightly newsletter (next newsletter Monday 21st November 2016) Email Address *
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* indicates required
Please do not worry I will not send you spam!
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Shared Parental Leave In this episode #12 of the Podcast I discuss the changes that became law on the 1st December 2014 in respect of the new rights to shared parental leave. The changes will effect all employers and you could be receiving notices of shared parental leave from as early as January 2015 for children due to be born or adopted after the 5th April 2015.
The shared parental leave regime is fairly complicated with various different scenarios that could occur, and so it is important to be proactive and to understand your obligations as an employer as soon as possible. If you listen to this episode of the Podcast it will give you a good start.
Particularly you will learn…. * When the new regime actually begins. * Why it has been introduced. * What will happen to traditional maternity, adoption and paternity leave rights. * Employee eligibility to take leave. * Information that an employee is required to give. * How shared parental leave pay will work. * When the shared parental leave can be taken. * Possible issues and problems that could arise.
HR Best Practice Tip The HR tip of the week follows the recruitment theme, this week giving guidance on why you should ensure that interviewers in your organisation are trained in the legal pitfalls of asking the wrong interview questions.
Podcast references To obtain a copy of the free Recruitment Leaflet and Checklist, sign up below.
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Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Time off to attend up to two antenatal appointments with a pregnant woman From the 1st October 2014 eligible employees and agency workers will be able to take unpaid time off work to accompany a pregnant woman to two antenatal appointments, and there will also be a protection from suffering a detriment or being dismissed in relation to time off to accompany a woman to prenatal appointments.
In this episode 7 of the Podcast I give you the run down on the changes and all you need to know about employee rights after the 1st October 2014.
Particularly you will learn.... Which employees qualify for the right to time off.
If you have to pay employees for the time off.
How much time they can have off.
The reasons behind the change in law.
The consequences if you get things wrong.
Answers to a couple of 'odd' scenario questions.
HR Best Practice Tip This episode features the benefits of having an appraisal system and how to get started.
Podcast references In this episode I refer to the other changes taking place on the 1st October 2014. You can read about these here
You can find out more about my HR and legal support package for employers, Empirical Support' here
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Please do not worry I will not send you spam!
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process.
It is strongly recommended that you seek advice before taking action.