Steer issue 19 FEB Flip - Page 11



EMPLOYMENT LAW
situation you can make an employee redundant. A
genuine redundancy situation is where the work has
reduced or diminished so much that there is no longer
a requirement for that role.
6. What about fathers, non baby carrying mothers and
adoptive parents? Employees who are fathers, parents
in a same gender relationship and adoptive parents can
claim Shared Parental Leave. This is similar to Maternity
Leave in that it allows the other parent to paid time
off work to care for the new child. The staff member
who wishes to take Shared Parental Leave must still fit
the required criteria.
7. Payments for Shared Parental Leave do not have to be
equal to payments for Maternity Leave. In a recent case
a father won a claim of sex discrimination as his
employer only paid statutory pay for Shared Parental
Leave but they paid an enhanced payment for
Maternity Leave. The tribunal agreed with the father at
first but the case was overturned later. The reason
why the case was overturned was because the tribunal
decided that Maternity Leave was not just about
looking after the baby but that it was also about the
health and wellbeing of the new mother.
There is much more managing a staff member who is
having a new baby or child.
i
Jemma
Fairclough
Haynes
If you would like more information
and/or a Maternity Policy to guide
you and your staff you can contact
us by visiting
www.orchardemploymentlaw.co.uk

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