header-logo header-logo

Does shared parental leave need a rethink?

20 September 2018 / Nicola Tager
Issue: 7809 / Categories: Features , Family , Employment
printer mail-detail
nlj_7809_tager

Nicola Tager writes on the legal & practical complexities of establishing parity in parental leave

  • Analyses difficulties with the shared parental leave system, and the knock-on effect on take-up rates.
  • Considers recent decisions regarding whether an employer that provides enhanced maternity pay but does not provide enhanced shared parental leave pay commits direct discrimination.

More than three years have elapsed since shared parental leave (SPL) was introduced in April 2015. The government intended to send a clear message that responsibility for providing care in a child’s first year could and should be shared between both parents. Parents can share up to 50 weeks of leave with up to 37 weeks of pay (subject to satisfying eligibility criteria), and can choose to take the leave in blocks in order to provide greater flexibility.

Surprisingly low take-up

Research suggests that the amount of caring that fathers do in the first year of their child’s life influences the distribution of responsibilities (including domestic tasks) further down the track. Many families reported

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll