Conceivably a number of candidates on SPL, maternity or adoption leave may exist for whom one particular vacancy is suitable. 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. The pregnant employee must still take at least 2 weeks' maternity leave … 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 … Download our guide to redundancy when an employee is pregnant or on maternity leave (PDF, 299KB, 13 pages). Shared Parental Leave (SPL) gives more choice in how 2 parents can care for their child. SPL one year on – reasons to be cheerful. For those on adoption leave, the period will be extended to six months after the end of adoption leave. Broadly speaking, there are two main rights: a right not to be treated less favourably because you have taken SPL, and a right to be offered a suitable alternative vacancy if you are on SPL when redundancies take place. However the shared parental leave period ends on the 13th oct and the final decision about redundancy is to be made on the 14th. For example, if you have to travel much further to a different location, the role may not be suitable for you. The day after my shared parental leave ends and the first … 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. Yes, an employee whose role becomes redundant while they are on shared parental leave must be offered any suitable alternative vacancy. 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). 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 … You also have three months from the date of the treatment you complain about to raise the matter with ACAS and, if necessary, to bring a claim in the employment tribunal. 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). Employees have the right not to be disadvantaged or dismissed for a reason related to SPL during redundancy situations as well as at other times. Redundancy while on parental leave. 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. Where an appropriate vacancy exists the employer must … Shared Parental Leave forms (for parents getting a parental order for a child through surrogacy) File Shared-parental-leave-forms-for-parental-order.docx … All awards and registered agreements have a consultation process for when there are major changes to the workplace, such … SPL allows leave to be used more flexibly between the pregnant employee and their partner. Its purpose is the sharing of knowledge and best practice on shared parental leave. The protections from dismissal and being disadvantaged for a reason related to SPL also apply during redundancy processes. Redundancy while on parental leave. This gives the woman priority over other employees who are also at risk of redundancy thereby challengin… An employee on maternity leave has certain special protections that you need to be aware of. Redundancy during Additional Paternity Leave. December 4, 2020. During this time my employer will not have to pay my salary and I will receive Statutory Shared Parental … If an employee's job is made redundant while on parental leave, the employer has to: give them the correct notice; pay out any entitlements, including redundancy pay. Designed by Elegant Themes | Powered by WordPress, Fatherhood and work: pay bonus, family time deficit. You may think an employee wishes to take SPL in the future. Does this therefore mean I am not covered under section 10 for protection against redundancy during SPL ? 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. 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 July it published its response, confirming that existing protection (which currently applies only during maternity leave) will be extended so that it applies from the point of notification of pregnancy to six months af… 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. Yes, an employee whose role becomes redundant while they are on shared parental leave must be offered any suitable alternative vacancy. This increased flexibility allows parents to be off work together or stagger the leave … The day after my shared parental leave ends and the first day of my return to work. your wife can allocate 1 to 4 weeks of shared parental leave. It’s the same as when an employee is pregnant or on maternity leave. Your Rights You must be offered any suitable alternative … 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. 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 … 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. 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. Returning to work Its purpose is the sharing of knowledge and best practice on shared parental leave. It is unlawful to select an employee for redundancy with that as the reason or principal reason motivating the selection. In this guide, you can find advice on shared parental leave and shared paternity pay. December 4, 2020. If you are uncertain what to do you should seek advice. Maternity Leave - Catherine Oliver talks to Transition Peak about her top tips for making a successful return from Maternity Leave. HR practitioners, even some line managers, know full well that an employee at risk of redundancy when they are on maternity leave has certain rights to protect them from unfair treatment. The pregnant employee must still take at least 2 weeks' maternity 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. Your employer may also only allow you to take 4 weeks’ parental leave at one time. The number of apprenticeships ending in redundancy is now two-thirds higher than in 2019, provisional figures show, as the Covid-19 pandemic continues to cut a swathe through jobs in several sectors. 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 … Redundancy; Informing and consulting employees; Holiday, sickness and leave. Parents can take leave at the same time or separately. Flexible Working. 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. Under the Maternity and Parental Leave etc. 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 … There are different rules where the period of leave is more than 26 weeks; that is where the employee has taken any period of additional maternity leave (AML), has taken shared parental leave which when combined with maternity leave amounts to more than 26 weeks, or has taken a period of at least four weeks' parental 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 … 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 … 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. 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. Employees are afforded extra employment protections under the Parental Leave and Employment Protection Act 1987 (“Parental Leave Act”). Designed by Elegant Themes | Powered by WordPress, Employment protections for employees taking SPL, Fatherhood and work: pay bonus, family time deficit. This is all judged on a case by case basis. However, the relationship between maternity leave and redundancy can be complex. Dismissing an employee in those circumstances would be automatically unfair. 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 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. 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 you and appropriate for you to do in the circumstances. 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. Charles Wynn-Evans outlines how employers can nevertheless face a tribunal claim. This is all judged on a case by case basis. 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… However, further guidance is due for … These reforms will for the first-time extend that redundancy protection for 6 months from the date of a mother’s return to work as well as covering those taking adoption or shared parental leave. On 22 July 2019, the government published its … 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. 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. Your employment under a new contract of employment takes effect immediately on the ending of your employment under your previous contract. This means the pregnant employee could end maternity leave early. SPL allows leave to be used more flexibly between the pregnant employee and their partner. SPLash (SPL advice on sharing) has been created by an alliance of organisations with expertise in employment law and issues affecting parents at work. News The Job Retention Scheme | your questions answered. In 2019, the government consulted on extending redundancy protection for employees returning from family leave. The pregnant employee and their partner might be able to use Shared Parental Leave (SPL). The pregnant employee and their partner might be able to use Shared Parental Leave (SPL). Employers: Redundancy during SPL. 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. As an employer going through a redundancy process, you should not select an employee for redundancy over other employees in similar positions where the reason or principal reason for the selection is SPL-related. Parental leave in the UK comes in the form of maternity and paternity leave, adoption leave, unpaid parental leave and shared parental leave. This factsheet explains the legal protections available to employees taking  SPL (which are very similar to the protections for employees taking maternity or adoption leave). Redundancy. 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. Shared Parental Leave; 10 Top Tips For Consultants To Avoid … 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. If your citizen child is born, or has an EDD before 1 July 2017, you will be entitled to 1 week of shared parental leave, capped at $2,500, including CPF. SPL one year on – reasons to be cheerful. This factsheet summarises the legal protections available to employees taking  SPL and the steps you should take to comply with the law. … You will also be entitled to contractual rights such as holidays which have built up until the end of the notice period. You will have the same redundancy rights as your colleagues. It does not matter if you are not proposing to return from your SPL leave until some time in the future; you are still entitled to be offered the role. 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. 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). Extension of redundancy protection after return from adoption leave: similar redundancy protection will apply to those returning after a period of adoption leave. Each candidate on leave would arguably have an equal right to the new role, and you must find a fair and unbiased way to identify who is appointed, such as through an interview or scoring process. As you may know Shared Parental Leave is subtracted from my wife’s Maternity Leave entitlement – the two are inextricably linked. Your employer is allowed to ask you to postpone your parental leave if it would cause ‘undue disruption’ to the business. A redundancy situation exists when the requirements of the business for employees to carry out work of a particular kind had ceased or diminished, or were expected to cease or diminish. Shared Parental Leave allows parents to share childcare in the first year after the birth or adoption. You and your partner may be able to get Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) if you’re having a baby or adopting a child. 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. Also, the new role’s terms and conditions, such as location, status, and pay, can’t be substantially less favourable in comparison to your previous role, otherwise the new role won’t count as a suitable alternative role. 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