Employment Law

Shared Parental Leave & pay

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Shared Parental Leave & pay

New regulations came into force on the 1 December 2014 concerning shared parental leave and pay.  These regulations affect families where a baby is due to be born on or after the 5 April 2015 (or when a child is placed for adoption on or after that date).  

These regulations are designed to enable eligible mothers and fathers, partners and adopters to choose how to share time off work after their child is born.  It could mean that the mother shares some of the leave with her partner.  The whole idea of the regulations is to give parents more flexibility in the first year following birth or adoption.

To qualify a mother must be proposing to share the responsibility of caring for their child with the child’s father or their partner.  

For a parent to be eligible to take shared parental leave he or she must be an employee and must pass the continuity of employment test which we set out below.  The other parent in the family must meet the employment and earnings test.

The continuity of employment test requires the employee concerned to have worked for the same employer for at least twenty-six weeks at the end of the fifteenth week before the week in which the child is due.  

The employment and earning test requires the person concerned to have worked for at least twenty-six weeks in the sixty-six weeks leading up to the due date and have earned above the maternity allowance threshold of £30 a week in thirteen of those sixty-six weeks.  

If both parents satisfy the continuity of employment test both will be able to make use of shared parental leave.  However, if only one person meets the eligibility criteria for continuity of employment, it may still be possible for a couple to share the shared parental leave if the other partner (who might perhaps be self-employed) can meet the employment and earnings test.  

Shared parental leave may be taken at any time within the period which begins on the date the child is born (or placed for adoption) and ends fifty-two weeks after that date.  An employee is entitled to submit three separate notices to book leave.  Leave must be taken in complete weeks and must be taken in a continuous period or may be split up.  An employer cannot refuse continuous periods of leave but may refuse requests for leave to be broken up.

The regulations are quite complex and we are happy to provide further advice on individual cases and assist in completion of the necessary application forms.  We can advise employees or employers on these regulations.  

Employment Law- Fixed Fees

INITIAL FREE HALF HOUR APPOINTMENT

This includes:- Attending you for a preliminary appointment to see whether you have a case or can defend a case. Please note that this is for 30 minutes only and does not include advice in writing.


We are able to offer fixed fees to both claimants and respondents in relation to Employment Tribunal claims. Please contact us for specialist advice and further details.

Preliminary Advice

This includes:

Taking instructions (up to 1.5 hours)

Detailed advice letter

 

Fee £250

VAT @20%

TOTAL £300

Employment Tribunal Proceedings

Advising employee on an Acas Early Conciliation Notification (now an essential first step before lodging an employment claim)

 

Fee £200

VAT @20%

TOTAL £240

  

Preparation of a Claim Form ET1 on behalf of an employee

 

Fee £400

VAT @20%

TOTAL £480

  

Preparation of a Claimant's Schedule of Loss

 

Fee £200

VAT @20%

TOTAL £240

 

 Preparation of a Claimant's List of Documents

 

Fee £400

VAT @20%

TOTAL £480

 

Advising an employee in relation to a flexible working request

 

Fee £400

VAT @20%

TOTAL £480

 

 Preparation of contracts of employment and statutory terms and conditions

 

Fee £250 - £400

VAT @20%

TOTAL £300 - £480

  

Preparation of standard disciplinary and grievance procedures

 

Fee £400

VAT @20%

TOTAL £480

 

Drafting and preparation of Respondent’s Response ET3

 

Fee £400

VAT @20%

TOTAL £480

Preparation of Witness Statements

Fee £200 - £400

VAT @20%

TOTAL £240 - £480

Chris Kingham

Solicitor
CONTACT

Quintin Barry

Consultant Solicitor & Notary Public
CONTACT
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