shared parental leave and redundancy

It can be too easy to treat employees on SPL as “out of sight and out of mind”, or to make negative assumptions about their future value to the business. 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. Your employment under a new contract of employment takes effect immediately on the ending of your employment under your previous contract. In this guide, you can find advice on shared parental leave and shared paternity pay. Does this therefore mean I am not covered under section 10 for protection against redundancy during SPL ? Redundancy during Additional Paternity Leave. Your employer is allowed to ask you to postpone your parental leave if it would cause ‘undue disruption’ to the business. 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. The protections from dismissal and being disadvantaged for a reason related to SPL also apply during redundancy processes. You will also be entitled to contractual rights such as holidays which have built up until the end of the notice period. Parental leave in the UK comes in the form of maternity and paternity leave, adoption leave, unpaid parental leave and shared 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 … Where an appropriate vacancy exists the employer must … You should also see our employer factsheet on Employment protections for employees taking SPL. 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. News Job Support Scheme | your questions answered. This means the pregnant employee could end maternity leave early. The pregnant employee and their partner might be able to use Shared Parental Leave (SPL). The shared parental leave is allocated in blocks of full weeks, e.g. You will have the same redundancy rights as your colleagues. your wife can allocate 1 to 4 weeks of shared parental leave. You will have the same redundancy rights as your colleagues. 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. Employers: Redundancy during SPL. News The Job Retention Scheme | your questions answered. 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. If you are uncertain what to do you should seek advice. On 22 July 2019, the government published its … 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 … 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. 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. 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. This gives the woman priority over other employees who are also at risk of redundancy thereby challengin… SPLash (SPL advice on sharing) has been created by an alliance of organisations with expertise in employment law and issues affecting parents at work. The pregnant employee and their partner might be able to use Shared Parental Leave (SPL). The day after my shared parental leave ends and the first … Redundancy while on parental leave. 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 is all judged on a case by case basis. 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. By Esther Langdon on 10 Jan 2020 in Enhanced pay, Shared parental leave, Maternity, Paternity, Pregnancy and maternity discrimination, Latest News, Bereavement, Redundancy Brexit … 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. READ MORE. However the shared parental leave period ends on the 13th oct and the final decision about redundancy is to be made on the 14th. SPL allows leave to be used more flexibly between the pregnant employee and their partner. An employee on maternity leave has certain special protections that you need to be aware of. During this time my employer will not have to pay my salary and I will receive Statutory Shared Parental … 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 … It’s the same as when an employee is pregnant or on maternity leave. Your Rights You must be offered any suitable alternative … 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. 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. However the shared parental leave period ends on the 13th oct and the final decision about redundancy is to be made on the 14th. 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. It is unlawful to select an employee for redundancy with that as the reason or principal reason motivating the selection. Shared Parental Leave (SPL) gives more choice in how 2 parents can care for their child. Your employer may also only allow you to take 4 weeks’ parental leave at one time. Parents can take leave at the same time or separately. 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. An employee on shared parental leave has preferential redeployment rights in a redundancy situation. 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). You may think an employee wishes to take SPL in the future. It is an employer’s obligation not only to ensure that the redundancy is substantially justified and procedurally fair, but that it also meets the requirements under the Parental Leave … Charles Wynn-Evans outlines how employers can nevertheless face a tribunal claim. 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. Shared Parental Leave allows parents to share childcare in the first year after the birth or adoption. 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. Yes, you can be made redundant whilst on shared parental leave. The consultation also asked whether this protection should be extended to similar types of leave such as adoption leave and shared parental leave. Returning to work 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). However, the relationship between maternity leave and redundancy can be complex. 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; Informing and consulting employees; Holiday, sickness and leave. Maternity Leave - Catherine Oliver talks to Transition Peak about her top tips for making a successful return from Maternity Leave. 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… For example, if they have to travel much further to a different location, the role may not be suitable for them. 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. Shared Parental Leave forms (for parents getting a parental order for a child through surrogacy) File Shared-parental-leave-forms-for-parental-order.docx … Yes, an employee whose role becomes redundant while they are on shared parental leave must be offered any suitable alternative vacancy. Yes, an employee whose role becomes redundant while they are on shared parental leave must be offered any suitable alternative vacancy. The pregnant employee must still take at least 2 weeks' maternity leave … This is all judged on a case by case basis. Its purpose is the sharing of knowledge and best practice on shared parental leave. For example, if you have to travel much further to a different location, the role may not be suitable for you. 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. 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. For those on adoption leave, the period will be extended to six months after the end of adoption leave. 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. 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). SPL one year on – reasons to be cheerful. The day after my shared parental leave ends and the first day of my return to work. The vacancy might be with a successor employer or an associated employer. Shared Parental Leave; 10 Top Tips For Consultants To Avoid … 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. 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. 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. 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. 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 … 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. 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. 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. Dismissing an employee in those circumstances would be automatically unfair. 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. READ MORE. 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 … 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. Its purpose is the sharing of knowledge and best practice on shared parental leave. 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 information sheet covers: who can take shared parental leave; qualifying conditions for shared parental leave The extended protection will also be available to those on adoption leave and shared parental leave. 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. 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. In such a case you may legitimately require those candidates to compete for the role. However you should make sure that your arrangements do not treat any woman on maternity leave unfavourably for a reason connected with pregnancy and childbirth (requiring her to attend a competitive interview shortly after giving birth, for example). Download our guide to redundancy when an employee is pregnant or on maternity leave (PDF, 299KB, 13 pages). 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. This factsheet summarises the legal protections available to employees taking  SPL and the steps you should take to comply with the law. 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… 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. 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. "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. 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