Detriment or dismissal because of shared parental leave
Detriment or dismissal because of shared parental leave

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Detriment or dismissal because of shared parental leave
  • Protection against detriment
  • Claiming detriment
  • Remedies
  • Protection against dismissal

For full coverage of the substantive right to take shared parental leave, see Practice Notes: Shared parental leave (birth) and Shared parental leave (adoption).

The legislation underpinning shared parental leave (the Shared Parental Leave Regulations 2014) came into effect on 1 December 2014.

However, the rights relating to taking shared parental leave only apply:

  1. in relation to children whose expected week of birth begins on or after 5 April 2015, or

  2. in relation to children placed for adoption on or after 5 April 2015

Since 1 December 2014, employees are protected against dismissal and from suffering a detriment for reasons related to shared parental leave.

Protection against detriment

An employee is entitled not to be subjected to a detriment by any act, or any deliberate failure to act, by his or her employer done because:

  1. the employee took, sought to take, or made use of the benefits of, shared parental leave, or

  2. the employer believed that the employee was likely to take shared parental leave, or

  3. the employee undertook, considered undertaking or refused to undertake any 'keeping in touch' work (see Practice Note: Work during shared parental leave—keeping in touch days (SPLIT days))

In this context, an employee 'made use of the benefits of shared parental leave' if, during a period of shared parental leave, the employee benefited from any of the terms and conditions of employment which are preserved

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