Legal advice/thoughts wanted...

[bhafc99]

I'm about to become a Dad for the first time. :yahoo:

I work for a small company that tends to make up its HR policies on the hoof, and steadfastedly refuses to write them down properly. In previous years, whenever anyone's had a baby, they've been given two weeks paternity leave on full pay.

I assumed that would be the same for me, but when I confirmed the likely dates with my bosses yesterday (as it's getting close), they suddenly announced that "due to the credit crunch" they wouldn't be giving me full pay. Instead I'd have to settle for Statutory Paternity Pay, which is just over £100 a week.

This represents a difference of around £1000 to me. And means, quite simply, I can't afford to take the time off. I don't get to see my baby's first two weeks, and my wife is left on her own.

Legally, it seems they can do this. Morally it ****ing stinks. And I don't appreciate the fact they've suddenly announced it when I'm just a couple weeks away from the birth - especially as I first mentioned Paternity Leave to them back in late May. I've had no warning that would have enabled me to budget for this.

What I want to know is whether the precedent of other staff getting full pay Paternity Leave in the past gives me any grounds to argue against this. I'm in a difficult position though, as any 'kicking up a fuss' at the moment is likely to mark you out, and the company is looking for any excuse to get rid of people (ie redundancy due to 'difficult trading times').

Should I just accept it for the sake of keeping my job?

 

[bhaexpress]

I'm about to become a Dad for the first time. :yahoo:

I work for a small company that tends to make up its HR policies on the hoof, and steadfastedly refuses to write them down properly. In previous years, whenever anyone's had a baby, they've been given two weeks paternity leave on full pay.

I assumed that would be the same for me, but when I confirmed the likely dates with my bosses yesterday (as it's getting close), they suddenly announced that "due to the credit crunch" they wouldn't be giving me full pay. Instead I'd have to settle for Statutory Paternity Pay, which is just over £100 a week.

This represents a difference of around £1000 to me. And means, quite simply, I can't afford to take the time off. I don't get to see my baby's first two weeks, and my wife is left on her own.

Legally, it seems they can do this. Morally it ****ing stinks. And I don't appreciate the fact they've suddenly announced it when I'm just a couple weeks away from the birth - especially as I first mentioned Paternity Leave to them back in late May. I've had no warning that would have enabled me to budget for this.

What I want to know is whether the precedent of other staff getting full pay Paternity Leave in the past gives me any grounds to argue against this. I'm in a difficult position though, as any 'kicking up a fuss' at the moment is likely to mark you out, and the company is looking for any excuse to get rid of people (ie redundancy due to 'difficult trading times').

Should I just accept it for the sake of keeping my job?

If they're within their legal rights then you'd be best to accept it whilst looking for a new job. The arrival of a new baby is not a good time to be out of work, especially in the current climate.

 

[Notters' Dad]

If you're really in Edinburgh, then you need to remember that the customs legal positions up there frequently differ from the position "south of the border". This would invalidate many opinions that might come from here, including anything I would have been tempted to advise on the subject but shan't because of that.

Good luck though!

 

[Bevendean Hillbilly]

Unfortunately mate there is'nt much you can do legally.

If there has been a historical precedent set where colleagues were paid full pay whilst on pat leave and this was a written policy you might be able to go for discrimination but frankly I doubt that would be of much use if the new rule applies to all new dads.

I too work for a company who have only a vague appreciation of HR issues and when my baby was born last year and the pat leave entitlement was £180 p/w I opted to take annual leave instead and spread the 2 weeks pat leave across the year with the odd "day off" if you follow me?

It sucks mate as I,like you, could not afford to take the time with my new baby as official paternity leave

 

[imissworthing2]

Slighty different question here but I would be grateful for any help. My girlfriend is pregnant with a due date of nxt april.

She is a psychological assistant working within the nhs. At present she has 2 part time jobs(dont ask). The 1st she began in may 08 and will finish at the end of this month. The 2nd she began in march 09 and will finish in march 2010 and as soon as the contract runs out on the 1st contract she will be doing full time till march 2010.

So basically she has a fixed term contract till march 2010 with a baby due in april 2010, question is will she be entitled to any maternity pay from her nhs employer or have to rely on the state amount already mention above!

Cheers

 

[Highfields Seagull]

So basically she has a fixed term contract till march 09 with a baby due in april 09, question is will she be entitled to any maternity pay from her nhs employer or have to rely on the state amount already mention above!

She must be absolutely huge by now!

 

[bhaexpress]

So basically she has a fixed term contract till march 09 with a baby due in april 09, question is will she be entitled to any maternity pay from her nhs employer or have to rely on the state amount already mention above!

Cheers

No.

 

[imissworthing2]

She must be absolutely huge by now!

Have another look now!!!

 

[Deleted User X18H]

You will be entitled to week full pay one week statutory providing you meet certain crtieria

Paternity leave and pay : Directgov - Parents

Which is the main I have delayed going back to work !

 

[SeagullEd]

Any way you can work from home? Do, as someone else said, and spread the two weeks but work part-time from home if possible?

 

[clippedgull]

You will be entitled to week full pay one week statutory providing you meet certain crtieria

Paternity leave and pay : Directgov - Parents

I believe you are incorrect.

It says

How much paternity pay you can get?
Statutory Paternity Pay (SPP) is paid for one or two consecutive weeks at £123.06 or 90 per cent of your average weekly earnings if this is less.

Nothing about receiving one weeks full pay.

 

[bhafc99]

I believe you are incorrect. Nothing about receiving one weeks full pay.

That's what I'm seeing too, but thanks for trying.

 

[Gazwag]

Slighty different question here but I would be grateful for any help. My girlfriend is pregnant with a due date of nxt april.

She is a psychological assistant working within the nhs. At present she has 2 part time jobs(dont ask). The 1st she began in may 08 and will finish at the end of this month. The 2nd she began in march 09 and will finish in march 2010 and as soon as the contract runs out on the 1st contract she will be doing full time till march 2010.

So basically she has a fixed term contract till march 2010 with a baby due in april 2010, question is will she be entitled to any maternity pay from her nhs employer or have to rely on the state amount already mention above!

Cheers

As a guess, not sure about the effect of a fixed term contract, but even if she has to claim SMP from the state she should still be entitled to 6 weeks 90% and the rest at £123 a week (which will go up a bit in April 2010).

Have a look here for more info

HM Revenue Customs: Pay and time off work for parents

 

[NMH]

If all else fails you could appeal to your boss's humanity and request a long weekend off to at least be there for your family for some part, and just make sure you get back in time and don't be taking long lunch breaks and all that.
They must have some iota of sensitivity for you, I would hope?

 

[Gazwag]

Going back to the SPP issue, I have quite a lot of sympathy for small employers and SMP/SSP and I'm not surprised they are only offering the statutory rate. If you cant afford it then take some holiday instead.

 

[imissworthing2]

Thanks Gazwag, Its somewhere to start from now anyhows. i'll see what citizens advice have to say also.

 

[house your seagull]

paternity leave should be holiday, it's not like you need to suckle it or anything.

luckily labour got through the new maternity laws before the tories come in (well ...) so if your little un is born after april 2010 she gets at 52 weeks with stat - if she wants to return to work early and modern dad wants to look after sprog he can claim it (t & Cs apply)

in terms of good practise, you should speak to your employer regarding your colleagues previous pat paymenst - alas, that would've been a benefit and not remuneration so no equal pay claim can be made.