Law guide: Workplace

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Protection against detriment or dismissal

Protection against detriment or dismissal

Detrimental treatment and shared parental leave

An employer must not subject you to any detriment by acting or deliberately not acting, because you took or wanted to take shared parental leave (SPL), or made use of its benefits.

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

If you believe you've suffered detrimental treatment under these circumstances, you should raise a grievance with your employer.

Dismissal and shared parental leave

You shouldn't be dismissed or made redundant because you took or wanted to take SPL, or made use of its benefits. Your employer can't stop you returning to work after your SPL ends.

In addition, you shouldn't be dismissed if you took a KIT day, or considered taking or refusing it.

If you're dismissed by your employer in these circumstances, you should make a complaint of unfair dismissal to an Employment Tribunal (or Industrial Tribunal in Northern Ireland), regardless of your length of service.

Redundancy during shared parental leave

If there is a redundancy situation at the same time as you're on SPL, you 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, you must be offered it.

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

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