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Law guide: Employment

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Protection against detriment or dismissal

Protection against detriment or dismissal

Contents

Detrimental treatment and paternity leave

You mustn't subject an employee to any detriment by acting (or deliberately not acting), because they took, sought to take or made use of the benefits.

Examples of detrimental treatment include denying them a promotion, facilities or training opportunities that normally would have been available to them.

Dismissal and shared parental leave

You mustn't dismiss an employee or make them redundant because they took or wanted to take SPL, or made use of its benefits. You can't stop the employee returning to work after their SPL ends.

In addition, you shouldn't dismiss an employee if they took a 'keeping in touch' day, or considered taking or refusing it.

Redundancy during parental leave

If there is a redundancy situation at the same time as an employee is taking SPL, they must be treated the same as any other employee under the circumstances. This includes being consulted about the redundancy or being considered for any other suitable job vacancies (if there are any). If there is another suitable and appropriate alternative role, it must be offered to them.

The alternative role mustn't be significantly less favourable than their current employment contract, in terms of the required capability, skill, location or the terms and conditions of employment.

Further information

See the BEIS guide 'Employers technical guide to shared parental leave and pay' (PDF) 'Shared Parental Leave summary process' (PDF), for more information.

Alternatively, you can also read the Acas guide 'Shared Parental Leave: a good practice guide for employers and employees' and the Acas website.

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