This information sheet covers: who can take shared parental leave; qualifying conditions for shared parental leave 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. Does this therefore mean I am not covered under section 10 for protection against redundancy during SPL ? 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). 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. As you may know Shared Parental Leave is subtracted from my wife’s Maternity Leave entitlement – the two are inextricably linked. 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. your wife can allocate 1 to 4 weeks of 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. Employers: Redundancy during SPL. SPL allows leave to be used more flexibly between the pregnant employee and their partner. ... Redundancy. 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. 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. 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. 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. 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. 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. SPL allows leave to be used more flexibly between the pregnant employee and their partner. You will have the same redundancy rights as your colleagues. 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. The pregnant employee must still take at least 2 weeks' 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. 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. 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 parents to share childcare in the first year after the birth or adoption. 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). The vacancy might be with a successor employer or an associated employer. You should raise the matter with your employer or former employer. 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. Redundancy Yes, you can be made redundant whilst on shared parental leave. 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 … 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. 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. In 2019, the government consulted on extending redundancy protection for employees returning from family 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. Redundancy while on parental leave. 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 … December 4, 2020. The pregnant employee and their partner might be able to use Shared Parental Leave (SPL). Shared Parental Leave (SPL) gives more choice in how 2 parents can care for their child. 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 … The pregnant employee must still take at least 2 weeks' maternity 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. Employees are afforded extra employment protections under the Parental Leave and Employment Protection Act 1987 (“Parental Leave Act”). During this time my employer will not have to pay my salary and I will receive Statutory Shared Parental … An employee on maternity leave has certain special protections that you need to be aware of. 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. 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