Parental time off rights

In a unionised workplace, most statutory parental rights, such as maternity and paternity leave and pay, are likely to have been improved through negotiation. These improvements, covering, for example, eligibility, pay levels, notice and service length, will be reflected in collective agreements incorporated into individual employment contracts and will replace the minimum statutory rights.

Employers that offer enhanced leave and pay beyond the statutory minimum can insist that if the employee fails to return to work for a set period, extra pay beyond the statutory minimum must be repaid. This kind of arrangement is a matter for contractual agreement between the parties and is not unusual.

Paying enhanced maternity pay to women on maternity leave while paying only statutory shared parental pay to men who take statutory parental leave is not sex discrimination. This issue was finally decided in the case of Ali v Capital Customer Management Limited, Chief Constable of Leicester Police v Hextall [2019] EWCA Civ 900. The Supreme Court has refused leave to appeal.

From 6 April 2020, employers must include information about contractual leave and pay policies in the written statement of employment particulars (see Chapter 1).