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Additional Paternity Leave?

2 replies

simonj007 · 09/07/2012 16:25

Hello,
I have a question that my wife and I would like your opinion on.

Briefly, my employer of 12 years is a large plc and offers enhanced
maternity pay and condions to female employees to the tune of 39 weeks
full pay - almost unheard of in the UK.

My employer recognises the Additional Paternity Leave policy but
states that I as a Father would NOT be paid my salary at all, only the statuatory £128/week.
My wife gave birth to our second child and we'd like to share the parenting this time with her returning to work after 6 months and me becoming
the primary carer for the APL allotted 26 weeks.

Surely in this day and age whereby 'shared parenting' in becoming the norm and
acceptable, I am being dicriminated against as a Father by my
employer?

I have so far just asked the following question:

If I am to be the primary carer and my wife has returned to work are
you telling me that as a Father I will not be paid my full salary, yet
the maternity policy pays Mothers full salary for 39 weeks? If this is
the case, please could you detail in full the reasoning, for in my
opinion discriminating against me as a Father.

HR response:

"Your interpretation of the policy is correct and I note the point you
make. However the policy does not constitute unlawful discrimination
against men. The law in the UK permits an employer to provide
?special treatment? to women in connection with maternity leave and
pay. Women on maternity leave are, in law, in a unique and specially
protected position. This is borne out by the fact that the Government
has legislated separately in respect of maternity leave and parental
leave. "

I also read a good article here which is very interesting:
www.doyleclayton.co.uk/thought-leadership/articles/the-shift-towards-gender-neutral-parenting-hr-magazine

Any advice greatly appreciated - so far no caselaw to our knowledge.

Regards,
Simon & Victoria

OP posts:
StillSquiffy · 09/07/2012 17:08

The only thing you can do at present is throw the Spanish case (it's mentioned in the article you referred to) back to them for comment. And they will probably tell you it's an interesting case but they are not changing their policy at the moment.

If you want to pursue it you will need to do so with a very good employment lawyer, because your case will possibly become the precedent in the UK for this area. Lawyer will need to be expert on European employment law, not just UK employment law.

Can't really advise as it's an untested area, and what your HR dept is saying is pretty standard. That specialist lawyer you hire will probably have an idea of how many firms are folding on these types of things.

simonj007 · 16/07/2012 14:07

Thank you - that's the advice I've been given.

Most are willing to play the 'wait & see' game, hoping they're not the test case!

Child care is a real issue - to have our two in nursery 4 days/week where we live in Buckinghamshire is approx £27,000/year!!

Looks like we'll be moving both to a child minder and with my Mother 20 mins away - she'll do one day a week.

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