Challenging unfairness in the SPL system


There are some important flaws in the SPL regime which unions and other campaigning groups suggest help to explain its low take-up rate (by just 2%-8% of fathers). For example: 


• statutory payments for SPL are very low, especially when compared with the first six weeks of statutory maternity pay, just £145.18 per week (90% of wages if less). By contrast, in Sweden, Norway and Iceland, new parents on leave receive 80%-100% of their pay, producing a take-up of between 85%-90%. A recent EAT ruling has confirmed that it is not direct sex discrimination against male workers for an employer to enhance maternity but not shared parental leave pay (see page 304); 


• if a mother is an employee but the father is self-employed, the father cannot take SPL. Campaign group Parental Pay Equality is campaigning for equal access to SPL for the self-employed (www.parentalpayequality.org.uk);


• if a mother is not working (for example, she is a student) or has not paid enough National Insurance to qualify for maternity allowance, the father cannot take SPL, even though he is employed;


• finally, the right to take SPL should be a day one right, like statutory maternity or adoption leave, instead of needing 26 weeks' service. 


A government review of SPL in 2018 will look at the legal and cultural barriers to take up. It will also consider eligibility for Maternity Allowance. Meanwhile, a private members’ bill, the Shared Parental Leave and Pay (Extension) Bill, that seeks to extend SPL to workers and the self-employed, is due a second reading in May 2018.

In addition, a new report by the Women and Equalities Select Committee in March 2018 has highlighted some of the ways in which the law lets down fathers, recommending that statutory paternity pay should be paid at 90% of earnings, that all fathers should be entitled to 12 weeks’ stand-alone leave in the child’s first year as an alternative to SPL, and that all jobs should be advertised as flexible from day one, unless there is a solid business reason not to do this.

An important TUC report published in September 2017, Better Jobs for Mums and Dads, has highlighted an alarmingly low awareness among young parents of their basic statutory rights to time off, and real difficulties resulting from the uncertainty caused by irregular hours and last minute shift changes.