We recently hosted an Instagram Live session featuring Laura Kearsley, an expert in employment law and a partner at Nelsons, part of Lawfront. During this session, we explored three key areas to support working parents and those planning to start a family:
- Flexible Working Rights: Understanding your entitlements and how to request flexible working arrangements.
- Parental Leave: Navigating the different types of parental leave available and how to apply for them.
- Zero-hours Contracts: Insights into the implications of zero-hours contracts for working parents.
Additionally, we discussed the proposed changes from the Labour Government that could impact these areas.
Here’s a recap of Laura’s advice for working parents.
Flexible working
This is a broad term used to describe any working pattern or arrangement which differs from the norm for an organisation. Usually, this could mean part-time hours, compressed hours, working from home or remotely or hybrid working.
All employees can request flexible working.
There is a formal legal process – this requires the employee to make a written request, setting out the change requested and the date that the employee would like the new arrangement to start.
The employer is entitled to say no. There are several legal grounds on which employers can say no. Recent changes to the law though do require them to consult with the employee first.
Some employers offer a right of appeal. Often this isn’t necessary as the employer and employee agree on a compromise that works out for both.
Leave entitlements for parents
There is a legal entitlement to paid leave for maternity, paternity and adoption.
Maternity leave is made up of compulsory maternity leave (the first two weeks), followed by Ordinary Maternity Leave and Additional Maternity Leave.
Employees who meet the criteria will be entitled to statutory maternity pay (SMP) (unless their employer offers something more generous). For those not entitled to SMP, they may be able to claim Maternity Allowance from the Government.
Paternity leave is two weeks of paid leave for fathers, or the partner of a mother to take after the birth of a child.
It is possible for a father or the partner of a mother to share the maternity leave and take more leave.
Adoption leave follows the same pattern as above. One adoptive parent will be entitled to the same leave as maternity leave and the other will be entitled to the same as paternity but it is up to them who takes what. Again, leave can be shared instead if preferable.
Surrogate parents will be entitled to adoption leave once the necessary legal application is made for the child. The birth mother will also be entitled to maternity leave.
Zero-hours Contracts
Also commonly referred to as casual contracts, these are working arrangements where the employer does not guarantee they will give work and the employee is not obliged to accept the offer of work. They are commonly used in hospitality and retail.
They have been criticised for abuse by employers and for making things difficult for employees who have no certainty of income. The previous government had introduced legislation which would allow employees to apply for their terms to be amended to reflect the reality of their working arrangements but these plans have been shelved. The Labour Government does have zero- hours contracts on their agenda though as they have previously referred to banning them (either entirely, or where they are used to exploit workers).
Laura’s final thoughts on the topic; “Balancing work and parenting requires compromise and both employees and employers need to discuss options, explore compromises and be willing to try to make sure that jobs are viable for working parents and that employers don’t miss out on talented employees.”
If you or anyone you know would like advice on employment rights, or family matters please call 08455 435 700 or contact us.
Laura and Charlotte’s Instagram Live is available to view @fjgsolicitors Fisher Jones Greenwood (@fjgsolicitors) • Instagram photos and videos
Lawfront provide legal services to individuals and businesses through four leading regional law firms Fishers Jones Greenwood LLP, Nelsons, Farleys and Slater Heelis.