shared parental leave and redundancy

Your Rights You must be offered any suitable alternative … However, the relationship between maternity leave and redundancy can be complex. Extension of redundancy protection after return from adoption leave: similar redundancy protection will apply to those returning after a period of adoption leave. By Esther Langdon on 10 Jan 2020 in Enhanced pay, Shared parental leave, Maternity, Paternity, Pregnancy and maternity discrimination, Latest News, Bereavement, Redundancy Brexit … Parental leave in the UK comes in the form of maternity and paternity leave, adoption leave, unpaid parental leave and shared parental leave. The shared parental leave is allocated in blocks of full weeks, e.g. If your employer thought you may wish to take SPL in the future, and that was the reason, or principal reason for your selection for redundancy, that would be unlawful. READ MORE. Employees may be able to get Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) if they’ve had a baby or adopted a child. Charles Wynn-Evans outlines how employers can nevertheless face a tribunal claim. In such a case you may legitimately require those candidates to compete for the role. Shared parental leave Redundancy ... HR practitioners, even some line managers, know full well that an employee at risk of redundancy when they are on maternity leave has certain … There is a ‘vacancy’ as soon as there is an unfilled post that you propose to fill, and it ceases to be practicable for the employee to return to their old job by reason of redundancy once it has been deleted. Parents can take leave at the same time or separately. If during a period in which you are on SPL it is not practicable by reason of redundancy for your employer to continue to employ you under your existing contract of employment, your employer must offer you any suitable alternative role. SPLash (SPL advice on sharing) has been created by an alliance of organisations with expertise in employment law and issues affecting parents at work. Designed by Elegant Themes | Powered by WordPress, Employment protections for employees taking SPL, Fatherhood and work: pay bonus, family time deficit. Maternity Leave - Catherine Oliver talks to Transition Peak about her top tips for making a successful return from Maternity Leave. This means the pregnant employee could end maternity leave early. Shared parental leave Redundancy Maternity & Paternity TUPE Disciplinary and grievances Employer’s guides AWARDS PT Awards RAD Awards OH&W Awards Jobs Find a job Jobs by email Careers advice Post a job Webinars XpertHR Learn more Products Pricing Free trial Subscribe XpertHR USA Advertise (See Redundancy during shared parental leave ) An employee has the right not to be subjected to a detriment or dismissed for exercising the right to take shared parental leave. Flexible Working. If you are made redundant and your employment ends on or after the qualifying week (the 15th week before your baby is due), you will still be entitled to SMP for 39 weeks. Employers: Redundancy during SPL. Eligible parents who are sharing responsibility for a child can get SPL in the first year after: the birth of their child; adopting a child; getting a parental order if they had the child through surrogacy; How much Shared Parental Leave a parent can … This is all judged on a case by case basis. Your employer is allowed to ask you to postpone your parental leave if it would cause ‘undue disruption’ to the business. An employee on shared parental leave has preferential redeployment rights in a redundancy situation. You should also see our employer factsheet on Employment protections for employees taking SPL. We have a separate page on redundancy if you are on maternity, adoption, shared parental or paternity leave which you can read for more information. Shared Parental Leave allows parents to share childcare in the first year after the birth or adoption. It is a precondition of bringing a claim in the employment tribunal to have lodged a claim with ACAS, who might be able to help you and your employer reach a compromise solution, avoiding the need for proceedings. If you are uncertain what to do you should seek advice. So, if during a redundancy process your employer selects you for redundancy over other employees in similar positions to you, and the reason or principal reason for your selection instead of those others was SPL-related, that would make your dismissal automatically unfair. Redundancy situations can be difficult for employers to handle fairly, and special care must be taken if any of your potentially-redundant employees are taking or planning to take shared parental leave (or any other period of family-related leave). There's extra protection for employees being made redundant while they’re on Shared Parental Leave. There is a ‘vacancy’ as soon as there is an unfilled post that the employer proposes to fill, and it ceases to be practicable for you to return to your old job by reason of redundancy once it has been deleted. This increased flexibility allows parents to be off work together or stagger the leave so that one of them is always there to care for their child in … For example, if they have to travel much further to a different location, the role may not be suitable for them. Yes, an employee whose role becomes redundant while they are on shared parental leave must be offered any suitable alternative vacancy. In a restructuring process, it would also be unlawful to penalise a person’s score for the purposes of allocating them a role in the new structure, simply because they took time off on SPL in the past. The day after my shared parental leave ends and the first day of my return to work. Also, the new role’s terms and conditions, such as location, status, and pay, can’t be substantially less favourable in comparison to their previous role, otherwise the new role won’t count as a suitable alternative role. Just as for employees on maternity leave or adoption leave, the law requires employers to give preferential treatment to those on a period of SPL, when it comes to suitable alternative work. December 4, 2020. SPL allows leave to be used more flexibly between the pregnant employee and their partner. Download our guide to redundancy when an employee is pregnant or on maternity leave (PDF, 299KB, 13 pages). Extension of redundancy protection after return from shared parental leave: greater protection will also apply to those coming back to work after shared parental leave … This increased flexibility allows parents to be off work together or stagger the leave … When making redundancies if any of the potentially redundant employees are pregnant or on maternity, adoption or shared parental leave, employers must be careful to avoid discrimination, and the employee may have a priority right to any suitable alternative vacancies in preference to other candidates. You will have the same redundancy rights as your colleagues. Redundancy situations are very worrying for employees, and this worry can be even greater if you are taking or planning to take shared parental leave (or any other period of family-related leave). It does not matter what stage you are at in the redundancy consultation, or if the employee is not proposing to return from their SPL leave until sometime in the future, or if you think someone else might do a better job in that role; once these criteria are met, the employee is entitled to be offered the role ahead of any other candidates not on SPL or maternity or adoption leave. This is because the law recognises that those absent from work on such leave would be at a disadvantage during redundancy processes if required to compete alongside other employees for jobs. If you are dismissed during your maternity leave or shared parental leave (ML/SPL), the redundancy payment must be calculated using your normal week’s pay as received before ML/SPL. You may think an employee wishes to take SPL in the future. The extended protection will also be available to those on adoption leave and shared parental leave. There are two main points to bear in mind: you must not treat employees less favourably because they have taken SPL, and you must offer a suitable alternative vacancy (if one exists) to anyone on SPL who would otherwise be made redundant. In this guide, you can find advice on shared parental leave and shared paternity pay. SPL one year on – reasons to be cheerful. All awards and registered agreements have a consultation process for when there are major changes to the workplace, such … Designed by Elegant Themes | Powered by WordPress, Fatherhood and work: pay bonus, family time deficit. Where an appropriate vacancy exists the employer must offer the employee the alternative employment under a new contract that begins on the day immediately following the day on … The government will consult further over the coming months on how to provide a period of extended redundancy protection for those returning from shared parental leave … During this time my employer will not have to pay my salary and I will receive Statutory Shared Parental Pay (ShPP) of about £140 per week. On 22 July 2019, the government published its … Yes, you can be made redundant whilst on shared parental leave. Redundancy situations can be difficult for employers to handle fairly, and special care must be taken if any of your potentially-redundant employees are taking or planning to take shared parental leave (or any other period of family-related leave). This is because the law recognises that those absent from work on such leave would be at a disadvantage during redundancy processes if required to compete alongside other employees for jobs. This means the pregnant employee could end maternity leave early. Redundancy. your wife can allocate 1 to 4 weeks of shared parental leave. READ MORE. "These queue jumping rights will extend throughout her pregnancy, during her maternity leave and for a period of six months following her return to work. Similar redundancy protections are now also being extended to other new parents who are returning to work after extended periods of leave for adoption and shared parental leave … For the alternative employment to amount to a suitable alternative vacancy, the work in the new role must be of a kind which is both suitable for them and appropriate for them to do in the circumstances. Your employer may also only allow you to take 4 weeks’ parental leave at one time. You may be concerned that your employer will “punish” you for taking SPL, or will think you are less committed to your job, or you may be afraid that by being absent from the workplace you are “out of sight and out of mind” when it comes to deciding who should be kept on. Shared Parental Leave forms (for parents getting a parental order for a child through surrogacy) File Shared-parental-leave-forms-for-parental-order.docx … For those on adoption leave, the period will be extended to six months after the end of adoption leave. SPL allows leave to be used more flexibly between the pregnant employee and their partner. Regulations 1999 (MAPLE), before making an employee on maternity leave redundant, employers have an obligation to offer them (not just invite them to apply for) a suitable alternative vacancy, where one is available with the employer (or an associated employer). If during a period in which an employee is on SPL it is not practicable by reason of redundancy for you to continue to employ them under their existing contract of employment, you must offer them any suitable alternative role that is available. You will have the same redundancy rights as your colleagues. The Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) schemes enable eligible parents to share responsibility for caring for their child in the first year. Redundancy Yes, you can be made redundant whilst on shared parental leave. This information sheet covers: who can take shared parental leave; qualifying conditions for shared parental leave Does this therefore mean I am not covered under section 10 for protection against redundancy during SPL ? Shared parental leave allows mothers to end maternity leave/pay early so that one or both parents can take leave in a more flexible way during the baby’s first year. Redundancy while on parental leave. Yes, if the mother or adopter has given notice to curtail (cut short) the maternity or adoption leave period in order to transfer some of it to the other parent and the other parent has given notice to take shared parental leave with his/her employer, it makes no difference to that parent’s entitlement to shared parental leave if the … Redundancy during Additional Paternity Leave. Dismissing an employee in those circumstances would be automatically unfair. Shared Parental Leave allows parents to share childcare in the first year after the birth or adoption. The protections from dismissal and being disadvantaged for a reason related to SPL also apply during redundancy processes. Thus, if the job is suitable and available, you have a right to be offered that job ahead of any other candidates not on SPL or maternity or adoption leave. SPLash (SPL advice on sharing) has been created by an alliance of organisations with expertise in employment law and issues affecting parents at work. Redundancy situations are very worrying for employees, and this worry can be even greater if you are taking or planning to take shared parental leave (or any other period of family-related leave). This means that where there is a suitable alternative vacancy you are entitled to be offered, before the end of your existing contract, alternative employment under a new contract of employment with your employer, your employer’s successor, or an associated employer. You will also be entitled to contractual rights such as holidays which have built up until the end of the notice period. Yes, an employee whose role becomes redundant while they are on shared parental leave must be offered any suitable alternative vacancy. For example, if you have to travel much further to a different location, the role may not be suitable for you. Similarly you can’t be treated worse than you otherwise would have been (short of dismissal) during a redundancy process, due to an SPL-related reason, as that would amount to a detriment. It’s the same as when an employee is pregnant or on maternity leave. The pregnant employee must still take at least 2 weeks' maternity leave … The case concerned Regulation 10 of the Maternity and Parental Leave Regulations 1999, which states that, if it is not practicable by reason of redundancy for an employer to continue to employ a woman on maternity leave… 1 to 4 weeks of shared parental leave period ends on the 13th oct and the final decision about is... Its purpose is the sharing of knowledge and best practice on shared parental leave is allocated in of... Leave to be made on the 14th suitable for you is unlawful to shared parental leave and redundancy an is. 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