Welcome to the third in our series Knowledge November – our video and notes focus on pay and benefits under Shared Parental Leave. Remember, if you have questions at the end, just ask and then check out the answers on our web site!
Watch Anna’s video above for an explanation of pay and benefits under shared parental leave.
What if there is a redundancy affecting a parent taking shared parental leave?
You’ll already be familiar with a mother who is at risk of redundancy whilst on maternity leave being given first dibs for any alternative employment that is available so long as the work is of a suitable kind and the terms and conditions of employment are not substantially less favourable. This right will be extended to any parent taking shared parental leave.
An employer could face a scenario where they have more than one employee who is at risk of redundancy but on maternity leave or shared parental leave but there is only one position available as an alternative. In that case the employer will have to have an objective selection exercise to choose between the two candidates and for example, show that there is no sex discrimination, if eg:- a man is selected for the alternative employment and a woman is to be made redundant.
When it comes to looking at whether the alternative employment offered is suitable, a change in location of work can render the new job unsuitable. For example in the case of Simpson v Endsleigh Insurance offering a mother a job in Cheltenham when she worked in London, rendered the role unsuitable.
If the employee believes that the reason why they have been selected for redundancy is that they have exercised their rights under the shared parental leave scheme or because they refused to work on SPLIT days and the tribunal agrees any dismissal will be automatically unfair.
What will the statutory pay rate be?
Currently statutory maternity pay and parental pay and adoption pay is set at £138.18 per week. We are likely to find out the new rate in the New Year but it is unlikely to be radically different. The total number of weeks that this can be claimed for will be 37 weeks.
During the first 6 weeks of maternity leave the mother can earn 90% of her normal salary so it will be advantagous for the mother to use this first before taking shared parental leave. It won’t preclude the other parent starting their shared parental leave period earlier.
Have you planned to train your managers?
We often find that it’s not just about HR understanding things. Line Managers need a working knowledge of the position so they don’t fall foul of the law. If you need help with training do let us know – email Anna.
Do you need a Shared Parental Leave Policy?
Ask Anna to develop a Shared Parental Leave Policy for your company at a special November price of £199 + VAT.
Email Anna for more details
Do you need some training?
Would you prefer training specially tailored to your business? Ask Anna about reduced rates for training courses booked this November.