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 … 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). Where an appropriate vacancy exists the employer must … 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. 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. The pregnant employee and their partner might be able to use Shared Parental Leave (SPL). Designed by Elegant Themes | Powered by WordPress, Employment protections for employees taking SPL, Fatherhood and work: pay bonus, family time deficit. SPL one year on – reasons to be cheerful. This increased flexibility allows parents to be off work together or stagger the leave … The vacancy might be with a successor employer or an associated employer. The protections from dismissal and being disadvantaged for a reason related to SPL also apply during redundancy processes. In this guide, you can find advice on shared parental leave and shared paternity pay. The pregnant employee and their partner might be able to use Shared Parental Leave (SPL). Parental leave in the UK comes in the form of maternity and paternity leave, adoption leave, unpaid parental leave and shared parental leave. If there is a suitable alternative vacancy then you must be offered the role, regardless of whether it is convenient for your employer to do so. Conceivably a number of candidates on SPL, maternity or adoption leave may exist for whom one particular vacancy is suitable. 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. Employees are afforded extra employment protections under the Parental Leave and Employment Protection Act 1987 (“Parental Leave Act”). 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 will have the same redundancy rights as your colleagues. The consultation also asked whether this protection should be extended to similar types of leave such as adoption leave and shared parental leave. SPL one year on – reasons to be cheerful. 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. Your employment under a new contract of employment takes effect immediately on the ending of your employment under your previous contract. 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 … 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. You should also see our employer factsheet on Employment protections for employees taking 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 … You may think an employee wishes to take SPL in the future. Shared Parental Leave (SPL) gives more choice in how 2 parents can care for their child. News Job Support Scheme | your questions answered. 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. 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). Redundancy. The extended protection will also be available to those on adoption leave and shared parental leave. 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. 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. Shared Parental Leave; 10 Top Tips For Consultants To Avoid … You will also be entitled to contractual rights such as holidays which have built up until the end of the notice period. During this time my employer will not have to pay my salary and I will receive Statutory Shared Parental … This means the pregnant employee could end maternity leave early. 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. For those on adoption leave, the period will be extended to six months after the end of adoption leave. 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 … This is all judged on a case by case basis. Flexible Working. Under the Maternity and Parental Leave etc. Your Rights You must be offered any suitable alternative … 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. Charles Wynn-Evans outlines how employers can nevertheless face a tribunal claim. "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. December 4, 2020. 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 … Returning to work 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. This means the pregnant employee could end maternity leave early. 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… It is unlawful to select an employee for redundancy with that as the reason or principal reason motivating the selection. 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). 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