How can my business avoid discrimination claims over maternity or paternity leave?
As soon as a member of staff tells you that they are to become a parent, you need to be aware of the maze of maternity and paternity legislation that must be complied with.
From completing risk assessments to calculating the correct levels of maternity and paternity pay, there is much that you need to get right, to avoid putting your business at risk of a sex discrimination claim.
You can leave these calculations to Delphi. We can also advise on the correct periods of Statutory, Ordinary and Additional Maternity Leave, Keep In Touch (KIT) days, notification periods and any redundancy/dismissal procedures which you may have to undertake whilst a staff member is on maternity leave.
MATERNITY AND FAMILY FRIENDLY POLICIES
How can my business avoid discrimination claims over maternity or paternity leave?
As soon as a member of staff tells you that they are to become a parent, you need to be aware of the maze of maternity and paternity legislation that must be complied with.
From completing risk assessments to calculating the correct levels of maternity and paternity pay, there is much that you need to get right, to avoid putting your business at risk of a sex discrimination claim.
You can leave these calculations to Delphi. We can also advise on the correct periods of Statutory, Ordinary and Additional Maternity Leave, Keep In Touch (KIT) days, notification periods and any redundancy/dismissal procedures which you may have to undertake whilst a staff member is on maternity leave.
What maternity and paternity legislation do I need to comply with?
The rules relating to maternity and paternity leave are frequently misunderstood by many employers.
With Delphi’s support you can navigate this complicated area, checking your employee’s eligibility for paid leave and ensuring that their employment rights, such as pay rises, pension payments, company car use, holiday accrual and other benefits are not accidentally breached whilst they are on maternity or paternity leave.
How does shared parental leave work?
The Shared Parental Leave regulations allow a pot of leave to be split between parents if they are having a baby or adopting a child. While simple in theory, this is a complex area of law which, if not handled correctly, can lead to claims of automatic unfair dismissal, sex discrimination or victimisation.
Delphi can advise on the criteria that must be met to establish your employee’s eligibility for Shared Parental Leave (SPL), calculate how much SPL can be shared between the parents and advise on how and when it may be taken.
Should a potential redundancy situation occur whilst a member of your staff is on SPL, we can guide you through the necessary process, to minimise the risk of an Employment Tribunal claim being brought against your business.
What maternity and paternity pay are my staff entitled to?
We can assess if a pregnant employee is eligible for Statutory Maternity Pay (SMP) based on their average earnings and length of service. Similar requirements must be met for an employee to qualify for Paternity or Adoption Pay.
With Delphi’s support, you can rest assured that SMP and Paternity Pay are calculated correctly, and should your employee take their full Additional Maternity Leave (AML), we can advise when their maternity pay should end.