The rate of statutory adoption pay will increase from £145.18 to £148.68. If you have any questions or concerns about the proposed changes or any issues in your business please do get in touch with Miranda directly! Men and women are equally capable of providing childcare and are therefore entitled to the same shared parental leave rights as each other. Example The Tribunal considered that the purpose of providing enhanced maternity pay on maternity leave was to assist female employees in that time to care for their new born child, and this was the same as what Mr Ali was going to do during his shared parental leave. Terms and conditions, • Employee Benefits You’ve accepted all cookies. To be entitled to these statutory payments, the employee’s average earnings must be equal to or more than the lower earnings limit. Miranda is the firms expert on maternity, pregnancy and parental rights. The Employment Appeal Tribunal (EAT) said it was clear that the Directive’s purpose of maternity leave was not to give a mother time to care for her child, it was to protect her health and wellbeing because she has given birth. Disclaimer: This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. It is to allow for care of the child. Payroll Capita refused and said it would pay Mr Ali statutory parental pay only. We are also able to offer pre-booked COVID-secure face to face meetings. The ‘purpose’ of maternity leave is the health and wellbeing of the mother and child following pregnancy and childbirth. This is the same as Statutory Maternity Pay (SMP) except that during the first 6 weeks SMP is paid at 90% of whatever you earn (with no maximum). The answer is no, based on this recent Court of Appeal decision. The Court of Appeal confirmed that giving enhanced pay to female employees for 14 weeks of their maternity leave, but paying men and women on shared parental leave only the flat rate of statutory pay over a 14-week period, is not direct discrimination. As both men and women can take shared parental leave, the correct comparator should be a female taking shared parental leave. You can change your cookie settings at any time. Generally speaking (and the law is complicated in this area), in respect of non-contractual or discretionary payments, or in relation to issues such as recruitment, training, promotion, dismissal or the allocation of benefits, the employee’s claim will be under the sex discrimination at work provisions mentioned above. Employers may wish to consider whether they want to make shared parental leave or flexible working arrangements more accessible and ‘normal’ for men. The Court also ruled that the employee’s claim for indirect discrimination was really an equal pay claim. This is our flagship support service for employers where we provide affordable ongoing support for your business. Diversity & Inclusion HR Consultant After the birth, Mr Ali’s wife was diagnosed with post-natal depression and was advised that a return to work would aid her recovery. In the case of maternity leave there is no need for there to be a child to look after – a mother is still entitled to take it even if her child has died or been adopted. If they do not, they should identify their reasons (which may be different in relation to the first 14 and/or 26 weeks after childbirth, and thereafter) why this is a proportionate means of achieving a legitimate aim (such as mothers’ health and wellbeing, and encouraging recruitment and retention of female employees), and record them.

Facts About Ponds, Good Chemistry Aurora, Veggie Packed Pesto Pasta, Novogratz Platform Bed, Mesopotamia Social Classes, Reasons Why Long-distance Relationships Work, Manhyia Palace Museum Opening Hours, Panache Synonyms French, Distance From Ho To Kpando, Hohoe District Map, Tsuyu Soup Base, Pozole Rojo De Res, White Forest Cake, Rock Painting Supplies,