Contents tagged with Maternity Leave

  • 3 Things We Learnt In Law This Week (4 April 2019)

    Tags: Maternity Leave, Sex Discrimination, Constructive Unfair Dismissal, Employment Law, Employment Tribunal, Unfavourable Treatment, Employment Solicitor

    Bar Manager Choked By Colleague At Christmas Party Wins Tribunal

    A bar manager who was choked at the Christmas Party by her manager has won over £6,000 in damages after, when she reported the incident, her manager joked to the perpetrator “Alright buddy? Hear you’ve been choking girls lately”.

    A bar manager who was left with anxiety, PTSD and partial facial paralysis after she was choked by a colleague at a staff Christmas party was constructively unfairly dismissed, Cardiff Magistrates Court has found. 

    Phillips reportedly told the tribunal how one of the business’s co-directors, Jason Pearce, had been heard joking about the incident, in which the club’s chef, Mr Webb, had allegedly gripped Phillips’ neck and left her unconscious.& … more

  • A Guide For Employers: Family Friendly Working

    Tags: Flexible Working, Discrimination, Maternity Leave, Employment Law, Employment Tribunal, Working Time Regulations 1998, Employment Rights Act 1996, Shared Parental Leave, Paternity Leave, Family Friendly Working, Part-time Working, Home Working, Health and Safety Risk Assessment, Time Off, Emergencies, New Parents, Childcare

    From shared parental leave to part-time working, in this guide we explore five things all employers need to know about family friendly working.  

    Shared Parental Leave 

    It’s not just women who can take up to 12 months off when they have a baby. Shared parental leave (ShPL) enables eligible parents to take time off together to care for their child or transfer leave to their partner during the child’s first year.

    ShPL can be taken in blocks separated by periods of work or be taken all in one go. Parents can also choose to be off work together or stagger leave (and pay).

    To qualify for ShPL, the mother must have been continually employed for at least 26 weeks ending with the 15th week before the week in which the baby is due and her partner must also have … more

  • Can You Make An Employee On Maternity Leave Redundant?

    Tags: Redundancy, Maternity Leave, Redundancy Pay, Notice Pay, Employment Law, Employment Tribunal, Statutory Maternity Pay, Pregnancy and Maternity Discrimination

    Employees on maternity leave have special legal rights and protections and so before making such employees redundant you must tread very carefully and be aware of the following five things. Otherwise you could risk facing a costly claim.

    Genuine Redundancy Situation

    You must be able to prove that there is a genuine need to reduce your headcount. If the real reason you want to dismiss your employee is because she has had a baby or is on maternity leave, you will be discriminating against her and could face a discrimination claim.  So, you must have evidence to prove why you need to make redundancies.

    Fair Selection Process

    You must choose who you are going to select for redundancy fairly and reasonably. This means you must choose a reasonable selection pool and apply fair, … more

  • Employee Called A ‘Baby Farmer’ Was Unfairly Dismissed

    Tags: Unfair Dismissal, Maternity Leave, Equality Act 2010, Sex Discrimination, Pregnancy Discrimination, Harassment, Employment Law, Employment Tribunal, Training, Bullying

    An employee who was referred to by a colleague as a “baby farmer” after she returned from maternity leave was unfairly dismissed, a tribunal has ruled.

    Miss Hayman started working for Pall-Ex in 2000 as a key account manager. She left the firm but re-joined it in 2007 until her resignation in July 2016.

    After re-joining the company, Miss Hayman took several periods of maternity leave, and after maternity leave for her second child returned in November 2010 reporting to a new line manager, Mr Tancock.

    Miss Hayman told the tribunal that in the following years, there were a number of incidents in which alleged comments were made about her parental responsibilities, she was scapegoated for losing clients and she was treated unfairly for working part-time hours.

    On her return … more

  • 3 Things We Learnt In Law This Week (7 February 2019)

    Tags: Government, Consultation, Maternity Leave, Redundancy, Brexit, Discrimination, Court of Appeal, Equal Pay, Equality Act, Modern Slavery, Modern Slavery Act 2015, Annual Report

    Consultation On Extending Redundancy Protection For New Parents

    A recent study by the Department for Business, Energy and Industrial Strategy found that one in nine returning to work after maternity leave were fired, made redundant, or treated in a manner which forced them to leave their job. The study also found that as many as 54,000 women per year are losing their jobs as a result of their pregnancy or maternity leave.

    With Brexit fast approaching, Theresa May is said to be "determined to do even more as we leave the EU", including by building on the current EU requirements on maternity and paternity leave protection.

    The government is now seeking views on plans to help protect new mums returning to work from the risk of redundancy. Currently, new mothers have additional … more

  • What To Do When An Employee On Maternity Leave Wants To Go Part-Time?

    Tags: Maternity Leave, Employment Law, UKEmpLaw, Flexible Working Request

    A full-time employee on maternity leave has requested to return part-time. How do you handle the situation and what are the risks if you refuse? 

    Remember that all eligible employees can make a flexible working request. The right is not limited only to parents and carers. However, requests from employees on maternity leave will need to be treated carefully because of the risk of a sex discrimination claim. 

    The statutory scheme is set out in the Flexible Working Regulations 2014 and the Employment Rights Act. It is supported by an ACAS Code and by an ACAS Guide.

    First Steps

    Check that the employee’s request contains all the information necessary to amount to a formal request and that the employee has worked for you continuously for 26 weeks at the date on which they … more

  • Advice for Employers on Accommodating Parents with Premature or Sick Babies

    Tags: Premature or Sick Babies, Maternity Leave, Maternity Rights, Maternity Pay, MAT B1, Statutory Maternity Pay, Maternity Allowance

    Every year, over 95,000 babies (or 1 in 8 babies born) are cared for in neonatal units in the UK due to premature birth or sickness. While some pregnancies inherently pose a higher risk for premature birth, such as twins and multiples, there is no guarantee a mother will be able to carry to-term.  

    Depending on how premature or sick the babies may be at birth, parents might find that their babies have to stay weeks or months in hospital, and some of these babies may continue to be at risk even after being discharged. In some cases, the babies may be transferred to a different or specialist hospital if the treatment or care they require is not available in the area in which they are born.  

    Maternity Leave: 

    Doctors and midwives must issue the pregnant … more

  • LEGAL UPDATE: Failure to Provide Enhanced Share Parental Pay is NOT Sex Discrimination

    Tags: Shared Parental Leave, Shared Parental Pay, Maternity Leave, Paternity Leave, Pregnancy, Employment Tribunal, Employment Appeal Tribunal, Equality Act 2010, Direct Sex Discrimination

    The Employment Appeal Tribunal (“EAT”) has decided that failure to pay a male employee enhanced shared parental pay, in circumstances where it paid enhanced pay to women on maternity leave, was not direct sex discrimination.  

    In the case of Capita Customer Management Ltd v Ali, the EAT overturned the Employment Tribunal’s (“ET”) decision which had found sex discrimination on the basis that the claimant, who was planning to take shared parental leave, was entitled to compare himself with a woman taking maternity leave as they accepted that the main purpose of both types of leave was to care for the child. 

    In this case, female employees were entitled to maternity pay comprising 14 weeks’ basic pay followed by 25 weeks’ statutory … more

  • The Processes and Pitfalls of Dealing with Staff who are Taking Maternity Leave

    Tags: Redundancy, Maternity Leave, Statutory Maternity Pay, Keeping in Touch, Pregnancy

    With Samira on Maternity Leave from the end of today, we thought it was only fitting that our article this week covered this complex area of law. Family friendly rights, including leave and pay in relation to maternity are constantly evolving and growing as an area of employment law. In this article we aim to offer some clarity on this area and provide employers with some advice on the do’s and don’ts when dealing with staff taking maternity leave.  

    Processes  

    Ensure that you keep in touch with employees whilst they are away on maternity leave. 

    Line managers should agree with employees that are due to go off on maternity what “reasonable contact” would be appropriate before their leave starts. Once agreed, you can use this time … more

  • New Right to Shared Parental Leave

    Tags: Discrimination, Maternity Leave, Employment Law, Parental Leave, Employment Tribunal

    The new Shared Parental Leave (SPL) right is touted as the final piece in the Coalition's family friendly policy puzzle. This right which is due to come into force on 1 December will for the first time enable parents and adopters to share statutory leave and pay after the birth of their baby or after having adopted their child, providing they meet the eligibility criteria. The new system will be applicable to parents whose babies are due from 5 April 2015.

    For health and safety reasons, mothers will still be required to take two weeks compulsory maternity leave, but the remaining 50 weeks of leave and 37 weeks of pay can be shared between parents. They will have the choice of taking leave at the same time and/or in turns to care for their child. Although the employer cannot refuse leave … more

LATEST LEGAL UPDATES:

  • 3 Things We Learnt In Law This Week (18 April 2019)

    Tags: Employment Law, Employment Tribunal, Unlawful Deductions, Overtime

    Holland & Barrett Employee Wins Overtime Case

    A tribunal has ruled that Holland & Barrett made unlawful deductions from the pay of an employee who was required to carry out tasks beyond his contracted hours.

    Mr Fitz was employed as a supervisor and was required to cover for the store manager if they were absent. This required opening the store in the morning and closing the store in the evening, among other tasks that needed to be completed during opening hours.

    Closing the store involved four stages: closing the tills on the shop floor; reconciling the tills in the back office; closing the register and locking up the store, all of which Holland & Barrett told the tribunal took a few minutes. However, Fitz claimed that he also had to undertake other additional tasks at the … more

    

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