Who’s holding the baby?! The due date for additional paternity leave approaches…..

In an effort to promote equality and good parenting a new right to additional paternity leave (APL) is to be introduced from the 6th of April this year. The reforms are intended to give parents greater flexibility in the way in which they share childcare responsibilities in the first year of their child's life. The regulations will be welcomed by many couples, who for financial or social reasons might prefer to adopt a shared approach to parenting in the early stages of their child’s life.

Who is eligible?
§ you are the father of a child due on or after 3 April 2011
§ your wife, partner or civil partner is pregnant and due to give birth to a child on or after 3 April 2011
§ you and your partner receive notification that you are matched with a child for adoption on or after 3 April 2011
§ your wife, partner or civil partner is adopting a child from overseas and the child enters Great Britain on or after 3 April 2011
§ the child's mother is entitled to statutory maternity leave, maternity pay or allowance or statutory adoption leave or pay

What will additional paternity leave entitle you to?
§ between 2 and 26 weeks’ APL, if the mother has returned to work. This is in addition to 2 weeks’ ordinary paternity leave. APL can only start 20 weeks after the child is born; and
§ be entitled to receive additional statutory paternity pay if the mother has not exhausted her statutory maternity pay when she returns to work. He also has the right to maintain the same terms and conditions (other than pay) as if he had been at work;
§ have the right to return to work in the same job and on the same conditions.

How does this impact on you the employer?

Some employers, however, have voiced apprehension over the new legislation. Elaine McIlroy notes that in a recent survey of HR professionals, 45% expressed concern over its introduction, citing anxieties over managing the new policy.

What can you put in place to manage the change?
Employers should have existing policies in place to manage maternity, paternity and adoption leave and, in many respects; these can be adjusted or extended to make provision for APL
Ensure line managers are briefed and trained on the new employee rights to reduce the risk of discrimination against employees who are eligible for APL. Consider issuing a Q&A on the qualification and notification requirements for APL.
Consider whether any enhanced benefits offered to mothers on additional maternity leave (such as enhanced maternity pay) should be offered to fathers on APL. We are not sure how the law will develop on this one and the Government does not believe that a failure to replicate such benefits will give men grounds for a claim, but it is arguable that treating men and women differently through this period could give rise to discrimination.
In addition, employers will have to update redundancy policies and guidelines to ensure they record that fathers on APL, like mothers on ordinary maternity leave, are entitled to be offered any suitable alternative vacancies, if their role is made redundant.

However, like every new piece of legislation that is put in place it is a waiting game to see what impact it will have and how the law develops. Nevertheless, by being aware of a few adjustments that can be made now this should enable the implimentation to be a smooth one.

Double whammy: dual discrimination

This year's Equality Act sees a big change in employment law. Previously, employers have been able to wriggle out of so-called 'dual discrimination' claims, but not anymore.

A certain newsreader who tried to claim discrimination and failed will be listening carefully to see how this piece of legislation unfolds when it is tested in court. Her claim failed because she said she was being discrimated against on the grounds of age and sex. But, lo, there are other female newsreaders aren't there? And, there are other older newsreaders too! Nevermind that the female newsreaders are all under 40 and the older ones are all male.

Well, this new law changes all that. You can now claim on the grounds of two protected characteristics, so she could have argued that she was treated unfairly because she was an older woman. Same goes for Pakistani Muslims, black men, young women, or any other combination of two characteristics. The claimant would have to show that they wouldn't have been discriminated against but for the fact that they had two protected characteristics and the burden of proof would be on the employer to prove that they weren't in the wrong.