Shared Parental Pay and Leave issue

[sometimesmisssunshine]

Hi,

Wondering if someone can please help!

My husband has a shared parental leave policy at work. It states that he will receive full pay for the first 11 weeks of Shared Parental Leave. However it then goes on to say that if he in on Shared Parental Leave at the same time as his partner is on shared parental leave, then each week of pay will be double counted, so effectively he'll receive half pay for 11 weeks instead of full.

Our plan is for my husband to be on shared parental leave and pay whilst I'm still on maternity leave and pay, which the government website clearly says is allowed as long as I have given notice to my employer to curtail my maternity leave early (which I have done). So for the first 11 weeks of my maternity leave my husband will also be off on shared parental leave.

The issue we're having is that his company is now saying that because we're both off at the same time, he will only receive half pay for the 11 weeks...despite the fact that the policy clearly states that double counting ONLY occurs if we are both on shared parental leave at the same time...which we won't be. I'll be on maternity and he'll be on shared parental leave.

My husband knows other people at the company in exactly the same situation as us now, who have benefitted from the full pay for 11 weeks while their wives have been on maternity leave, yet for some reason the company is saying that my husband is only entitled to half pay now.

I'm just wondering if anybody out there knows anything about this / has experienced this issue before? His employment contract clearly states that company policies aren't included in his terms and can be changed at any time etc, so we don't think their policy is legally binding.

I'm not sure whether we're just not understanding this properly or if he's genuinely being treated unfairly. It feels unfair that the company have suddenly done a u turn in relation to him when his other colleagues have received this benefit and the current policy is still worded in a way that led us to believe he would receive full pay during this time.

He's complained and the companies HR team and the legal team are reviewing the case, but if they come back with the same response or update their policy as a result of his complaint, is there any further action we can take? Or do we just have to accept that they've made this decision and that's that.

[EmpressJewel]

You won't be on maternity though, you will also be on shared parental leave as well, as that what the curtailment does - it ends your maternity leave and replaces it with shared parental leave.

Any entitlements above statutory minimum are discretionary and the employer can set their own terms. We don't allow the double counting in my organisation.

[flowery]

Exactly what Empress said. It is not possible for you to be on maternity leave while your husband is on shared parental leave, because you'll have to curtail your maternity leave in order for him to be entitled to it. You'll both be on shared parental leave.

Seems a bit mean to penalise staff who happen to take their shared parental leave at the same time as their partner employed elsewhere rather than separately, and I'm not sure why they would do that, but there's nothing unlawful about it.

The policy not being followed consistently is worth complaining about though.

[Ohhgreat]

Disagree with empress - you will be on maternity leave while he is on shared parental leave.
What is the actual wording of the policy?

[Wait4nothing]

Can I ask why you are considering both being off for the first 11 weeks? Can’t he take a decent amount of time off with annual leave/stat paternity and then use this 11 weeks at the other end when you go back?

[flowery]

Actually I think I am wrong. Looks like as long as you have submitted a curtailment notice your partner could technically begin his shared parental leave before your maternity leave has actually ended. My apologies!

[sometimesmisssunshine]

Hi guys,

thanks for your responses.

The policy explicitly states that double counting will occur when both partners are on shared parental leave at the same time.

It doesn't reference any scenario where one partner is on maternity and one is on shared parental leave at the same time.

The company have now responded and acknowledged that:

A - It is perfectly possible for one partner to be on maternity while the other is simultaneously on shared parental ( as we already knew from government website and pointed out to them)

B - they have acknowledged that the wording in their policy is incorrect. They said the 'intent' of their policy was always to double count pay when both partners are off at the same time, regardless of whether they are both on shared parental leave or one is on maternity and the other is on shared parental leave

C - they have acknowledged that their policy wording is wrong and doesn't state the above, and that they were already in the process of rewording it (not sure I believe that)

D - they have also acknowledged that in the past other colleagues in exactly our position have benefitted from the full pay benefit their policy says we can have, but this was a mistake they are now rectifying.

E - they keep reiterating that this is a discretionary enhancement

So basically, they've turned round and told us tough luck. Despite the fact their policy says we're entitled to this (or at least doesn't say we aren't), and loads of other people in the past have benefitted from this...in our scenario they've suddenly decided they don't want to pay out the benefit, and to get around it are going to reword their policy.

I'm having a bit of a moan sorry but this seems like my husband is being treated really unfairly here. Is there anything we can do or from a legal standpoint are we basically just going to have to accept it?

Many thanks all