Paternity Leave Guide

If you are not sure what your rights are concerning Paternity Leave then here is our quick guide to help you. (Please note that this is based on best practice and it is advised to request your company's policy about Paternity Leave and pay).

What is the qualifying criteria?

Paternity leave is granted to employees who meet the following criteria:

- is the biological father of the child or;
- the mother's husband, civil partner or partner
- has worked continuously for 26 weeks ending with the 15th week before the expected childbirth;
- has the responsibility for the upbringing of the child.


How much leave am I entitled to and when can it be taken?

Paternity leave can be taken either in one week or two consecutive weeks only. This leave will be paid and must be taken within 56 days of the actual date of birth of the child. Odd days may not be taken.

How much pay will I receive?

If your average weekly earnings are £95 or more before tax, Statutory Paternity Pay (SPP) is paid for one or two consecutive weeks at £123.06 or 90 per cent of your average weekly earnings if this is less.


How much notice should I give my employer?

Notice should be given in or before the 15th week before the expected childbirth. You should specify the week your child is due to be born, the length of leave you intend to take and the date you wish to start your leave.


Will my terms and conditions change whilst on Paternity Leave?

Your terms and conditions will remain the same after you return from Paternity Leave except for those relating to your salary.

If you are still have questions or need further advice about Paternity Leave, please feel free to contact us at enquiries@hroasis.co.uk

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Flexible Working

Employees who have children aged 16 or under (or disabled children under the age of 18) have the right to request flexible working to their Employer. Recently the legislation has included carers with the right to request flexible working. You can apply for different hours; location; times and patterns of work.
What are the next steps?

1. Detail your request in writing to your Employer. It must also include a start date that gives the Employer reasonable time to implement the changes. There may be a form to complete so check your Company's policy.
2. You must confirm your relationship with the child/ carer in the letter.
   
3. Your Employer has a statutory duty to seriously consider your request and can only refuse it based on clear business grounds.
4. A meeting must be arranged by your Employer within 28 days.
   
5. You have the right to be accompanied by a colleague at the meeting and you will be informed of a decision within 14 days.
6. You have a right to appeal the decision made by your Employer and should do so within 14 days of receiving the decision.

If you need further advice on the above or if you are a business and require a written policy then please contact us at enquiries@hroasis.co.uk.

Statutory holidays increased today

Don't forget that Statutory Holidays have increased to 28 days today (and it isn't an April Fool's Day joke either!) for more information please see our earlier blog dated 7th December 2008.

The all new Disciplinary and Grievance process

There will be a new approach to the discipline and grievance procedure from April 6th 2009.

Here are the key changes that you should be aware of:

• The statutory disciplinary and grievance procedure no longer exists.
• Employers and employees are expected to follow the revised ACAS Code of Practice.
• Employment Tribunal awards may be varied by up to 25% for unreasonable failure to follow the Code of Practice.
• ACAS can provide more help and advice through expanded helpline, pre-claim conciliation service and and end to fixed period of conciliation in Employment Tribunal claims.
  
• Employees no longer are required to raise a grievance with their employer before making an Employment Tribunal claim.
• The revised ACAS code states that formal grievances should be raised in writing.
• Redundancies are no longer form part of the Disciplinary and Grievance procedure.
• Termination of fixed-term contracts are no longer part of this Code.
• Employees should appeal if they feel that the disciplinary action is wrong or unjust or if a grievance has not been resolved satisfactorily.
• Serious offenses (in a disciplinary procedure) may call for dismissal without notice for a first offence. This must be done through a fair process.
  

This new approach is focused on disputes being resolved within the workplace. Communication is essential throughout the process, for example, when initiating a disciplinary, the employee must be given enough information about the problem and possible consequences so that they can prepare a response. Likewise, if an employee has a grievance they must deal with it promptly.

HR Oasis can assist you with reviewing your disciplinary and grievance policy or with any queries you may have about this process.

Contact us on 0203 239 0694 or 07771536056. Email us at enquiries@hroasis.co.uk.

Employment law update

There is an important change to the Employment Act 2008 and it would be interesting to know how many are aware of its existence! In a recent gathering of HR professionals not one person knew about it so here is our attempt of raising awareness!

The amendment is regarding compensation to an employee if they suffer financial loss. If an employer fails to pay an employee on the date due, e.g. last Friday of the month, then the employee can claim the loss at an Employment Tribunal.

The Employment Act states, where a tribunal makes a declaration under subsection (1), it may order the employer to pay to the worker (in addition to any amount ordered to be paid under that subsection) such amount as the tribunal considers appropriate in all the circumstances to compensate the worker for any financial loss sustained by him which is attributable to the matter complained of.

The explanatory notes confirm that the Employment Tribunal has the power to order the employer to make, in addition to the payment..., a compensatory payment to reflect any financial loss suffered by the worker as a result of the employer's default.

This will remove the need to make a separate county court claim thus simplifying the process.