Protected rights

This guidance is intended to provide high-level information to help law firms draft internal policies. It is not intended as a guide to dealing with claims relating to protected rights, which is an employment law matter.

Parental and shared parental leave

Parents of a child (whether born to the parents or adopted) are entitled to take up to 18 weeks of unpaid leave (in respect of each child) to care for that child at any time before the child's 18th birthday. The leave may be taken by each parent. So, for example, where a mother and father both have responsibility for the twins, each of them is entitled to 36 weeks of leave to care for the two children. Parental leave may be taken at any time before the child's 18th birthday, irrespective of whether the child was born to the parents or adopted.

The right to shared parental leave allows, after birth, the mother of the child and a second person (who must be the father of child, or married to, or the civil partner of, or the partner of, that mother) to share (if they wish) up to 50

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Right to work guidance updated on Digital Verification Service checks

The Home Office has issued an updated version of its ‘Employer’s guide to right to work checks’ document, with the changes primarily related to simplifying the information on digital checks for employers of British and Irish citizens who have a valid passport (or Irish passport card). The new version has removed various technical details which were previously intended for providers of these digital verification services, and revised the relevant terminology, so that ‘Digital Verification Service (DVS)’ now includes both the terms Identity Service Providers (IDSPs) and Identity Document Validation Technology (IDVT). This is stated to align the guidance with the terminology used in the UK digital identity and attributes framework and the Data (Use and Access) Act 2025. Guidance and requirements specifically for DVS are now set out in a separate, supplementary code for digital right to work checks. The relevant guidance for employers has been revised. Although it is not currently mandatory for employers to use a DVS certified against the ‘trust framework’ and the supplementary code, this position will change ‘in the near future’, and it will become mandatory to use a DVS listed on the register of certified DVS (maintained by the Office for Digital Identities and Attributes (OfDIA)). In other changes, the new version reiterates that an original expired BRP is not proof of a right to work, and instead an online check must be taken. It also confirms that short-term entry clearance vignettes are being phased out, and that increasingly persons recently issued entry clearance will only have their eVisa to rely on for these purposes, so will need to create a UKVI account as soon as possible and can do this from overseas. In relation to asylum seekers with a pending claim, the guidance now states that they can also volunteer whilst their claim is considered without being granted permission to work, but they can only carry out 'paid' work if they have been granted permission to work under the Immigration Rules, Part 11, paras 360 or 360C. Previously the reference in our quotation marks to ‘paid’ work stated ‘voluntary’ work

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