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Key changes in employment law

30 April 2015

Following up on my bulletin earlier this month about shared parental leave, some other significant changes to employment law started this month.

Additional paternity leave

Additional paternity leave is being replaced by shared parental leave and will not be available where the expected week of childbirth started on or after 5 April 2015.

Changes to adoption leave

Adoption pay was increased to match maternity pay so that the main adopter will get 90 per cent of pay for six weeks, then the basic rate for 33 weeks. Adoptive parents will no longer need to have 26 weeks’ service in order to benefit from adoption leave and pay. A single adopter will have the right to paid time off to attend up to five adoption appointments. Where there are joint adopters, one parent will be able to attend up to five appointments with pay and the other can attend two appointments on an unpaid basis. Each appointment can be for up to six and a half hours. Adoptive parents will also be able to take shared parental leave.

New rights for surrogate parents

Until now, anyone who became a parent by using a surrogate birth mother had no rights to any statutory leave or pay. From 5 April, the main new parent in the surrogacy arrangement (this could be the new mother or father) has the right to adoption leave and pay and both parents will be able to take shared parental leave. The birth mother retains the right to maternity leave and pay.

Parental leave extended

A parent with one year’s employment will be able to take unpaid parental leave of up to 18 weeks in respect of a child under 18; previously the child had to be under 5, or under 18 if disabled. This right also applies to adoptive parents.

Increase in tribunal awards

Tribunal compensation limits rose on 6 April in line with inflation. The maximum compensatory award for unfair dismissal will be £78,335 or 52 weeks’ pay if less. A week’s pay for calculating the basic award for unfair dismissal and statutory redundancy payments will rise to £475 and the maximum basic award or statutory redundancy payment will increase to £14,250.

New statutory payment rates

From 5 April statutory maternity, adoption, paternity, additional paternity and shared parental pay increased to £139.58 per week. From 6 April, statutory sick pay increased to £88.45 per week.

Repeal of the tribunals’ power to make recommendations

In the past, where there was a successful discrimination claim, employment tribunals were able to make a recommendation that applied to the whole workforce, not just the claimant. Examples include introducing an equal opportunities policy and training staff. This power was rarely used and the government has abolished it from 6 April 2015.

Action required

If your staff handbook includes family leave policies these will need to be updated. If you forward me the latest version of your staff handbook that you are using, I will make these changes for you as part of your subscription.

For advice from Myers & Co Solicitors, based in Stoke-on-Trent, Staffordshire, contact our employment law specialist Sarah Everton by calling 01782 525012 or email sarah.everton@myerssolicitors.co.uk.

 

The contents of this article are for the purposes of general awareness only.  They do not purport to constitute legal or professional advice.  The law may have changed since this article was published.  Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.

 

Sarah Everton

DDI: 01782 525012

E: sarah.everton@myerssolicitors.co.uk



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