Getting it Wrong – Shared Parental Leave

Author
Colin Bowyer
Employment Law Co-ordinator | Avensure Ltd
22nd November 2017

One of our delegates in a Twickenham seminar had a horrible thought last week.

“What if I get my SPL policy wrong, and it leads to accusations of sexual discrimination?!”

He was right – it was a possibility that meant he’d need to tread carefully with his policies. 68% of women believe sexual discrimination happens in the workplace, and given that it continues to be the most frequent type of discrimination claim received by tribunals, the statistics back this up. The Tribunal Services report gives an average award of £13,911 for sexual discrimination claims (with the highest payout valued £289,167) meaning it’s also one of the most costly pitfalls a business owner can fall into.

But, interestingly, it wasn’t his female staff this CEO was concerned about – it was the men in his workforce. The office of National Statistics notes that whilst 91% of fathers take time off after the birth, only 29% of new dads take more than 2 weeks. Our business owner could cope with the admin; he wasn’t fazed by the paperwork.

He was even worried about the impact on workplace culture, and how to manage his legal requirements as an employer with A. his staff operational requirements, and B. The typical “macho” environment in his construction firm. This is an example of how one legislation change (SPL) requires an employer to look at the knock on effects on other policies, namely:

• Change management – how does he communicate the legislation changes, and where he stands on them, to his employees?

• Workplace bullying and ensuring “banter” doesn’t go too far – what are his responsibilities to monitor/control from the top down?

• Delegating responsibilities – He doesn’t directly work with staff, so how does he ensure those he entrusts (such as line managers) promote his values and culture?

• Equality in the workplace – If he offers women an enhanced maternity scheme, does he have to do the same for paternity?

As you can probably see, our seminars go beyond an update of “what are the legal changes” – our barristers go into what they mean for you as a business, and what you actually need to do to implement them. We’ll be stopping by you soon, if you want to find out when, just email me on colinbowyer@avensure.com and let me know where you are!

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