The Employment Law & HR Podcast

When a female employee receives full maternity pay should a man on shared parental leave receive the same? 

In this weeks' episode I review the recent decisions regarding the payment of enhanced pay to fathers who take shared parental leave. There are two decisions of the Employment Tribunal, Leicester ET and Leeds ET which have given conflicting outcomes on this issue. Both cases are likely to be appealed but in the meantime it leaves a degree of uncertainty for employers who currently give additional pay to female employees on maternity leave but not fathers on shared parental leave.

In this episode I will cover:

  • The facts of the cases;
  • Background to the introduction of shared parental leave;
  • How discrimination law is relevant to this situation;
  • Tips on what you can do as an employer and considerations when it comes to planning enhancements for employees.

Action Points

  1. If you currently pay enhanced maternity pay but not shared parental pay ensure that you are signed up for my newsletter below for more information when the appeal decision is released;
  2. Consider why you provide enhanced pay to employees and the benefits to your workforce of this;
  3. Seek advice if you are unsure what is best for your business;
  4. I can help with all of the points above so why not give me a call and let an expert take care of it for you 023 8098 2006 or 01983 897003.

 Useful Links & Case References

Ali v Capita Customer Management Ltd - Employment Tribunal 

Hextall v Chief Constable of Leicestershire Police - Employment Tribunal

Snell v Network Rail - Employment Tribunal 

 

 


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Direct download: episode_80.mp3
Category:general -- posted at: 6:59am EDT

An interview with Terri Brookes 

In this weeks' episode I interview Terri Brookes who applied for a job as a trainee solicitor with the Government Legal Service (GLS) and requested a reasonable adjustment as a result of her aspergers. When the GLS refused to make adjustments to their recruitment process Terri made a claim in the Employment Tribunal. After winning her case in the Employment Tribunal the GLS appealed to the Employment Appeal Tribunal and Terri successfully defended her claim.

In this episode I will cover:

  • The facts of the case;
  • The reasons why Terri pursued the case;
  • Helpful guidance on reasonable adjustments that are required and should be considered in the recruitment process;
  • Why you need to treat each person with disabilities individually in the recruitment process;
  • Key points about cases in the Employment Appeal Tribunal.

Action Points

  1. If you are recruiting and you have tests or assessments then consider how these may impact those with disabilities;
  2. Consider how you would provide information and application forms, for example, if you had a candidate with a disability;
  3. Seek advice if you are unsure or you are presented with an unusual situation;
  4. I can help with all of the points above so why not give me a call and let an expert take care of it for you 023 8098 2006 or 01983 897003.

 Useful Links & Case References

The Government Legal Service v Brooks - Employment Appeal Tribunal

Read the full judgement here

You can read my case summary and comment: click here

You can connect with Terri on Twitter - @TIBrookes 

Direct download: rec_live_tibrookes.equality_for_all_18_May_2017_1.mp3
Category:general -- posted at: 3:23pm EDT

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