Shared Paternity Leave Employer Taking Back Offer

jwelambert

I am a dad to a 6 month old and due to take a portion of shared parental leave in 3 weeks for 18 weeks.

My employers policy is to offer:
- 20 weeks Shared Parental Leave at normal pay
- 19 weeks additional Shared Parental Leave at the lower of Statutory Maternity Pay or 90% of weekly earnings
- 13 weeks unpaid leave

I have in writing a signed letter stating I will be paid at full pay for the 18 weeks I am due to start when he turns 7 months, however my employer is now saying that this was a mistake and I should not be paid as the 20 weeks above is only from the date of the babies birth.

Any advice as to whether they can retract the offer or cancel the agreement that is in place and due to start shortly?

I would hugely appreciate any advice or guidance people can offer.

whitewing

I don't know any men that have taken shared parental leave, and sadly, I get the impression that not many do. This is only relevant to you in that I can believe that a mistake from the employer may not have come to light before because of it.

I hope that it wouldn't mean your plans have to change if your employers can enforce the lower rate of pay (which I suspect may be the case).

I wish you and your family great happiness.

NinjaLemur

I took shared parental leave with my first child 2013, where you had to have it in one continuous block, 3 months my employer only paid the statutory amount for that period 138 pounds per week.
second child the rules have changed and I can be off and on again and my shared parental leave starts in a week and a bits time - 10 weeks off 4 weeks back at work then a further 4 weeks off all paid at the statutory rate. It sounds like your company has made a huge mistake I wouldn't even expect a female on maternity leave to be receiving 20 weeks full pay.
The statutory amount for maternity is if I remember rightly 6 weeks at 90% followed by anything else at 138.58 per week.




In my case I have also just been made redundant but I will not complicate your post with the details of this.

sangie595

jwelambert wrote: »

I am a dad to a 6 month old and due to take a portion of shared parental leave in 3 weeks for 18 weeks.

My employers policy is to offer:
- 20 weeks Shared Parental Leave at normal pay
- 19 weeks additional Shared Parental Leave at the lower of Statutory Maternity Pay or 90% of weekly earnings
- 13 weeks unpaid leave

I have in writing a signed letter stating I will be paid at full pay for the 18 weeks I am due to start when he turns 7 months, however my employer is now saying that this was a mistake and I should not be paid as the 20 weeks above is only from the date of the babies birth.

Any advice as to whether they can retract the offer or cancel the agreement that is in place and due to start shortly?

I would hugely appreciate any advice or guidance people can offer.

Everyone makes mistakes, including employers. They have made a mistake. So yes, they are permitted to correct that mistake.

bartelbe

Everyone makes mistakes, including employers. They have made a mistake. So yes, they are permitted to correct that mistake.

Even when the employee has a signed written document from his employer?

Isn't that effectively a form of contract? Would an employer be allowed to reduce someone's pay, because they had made a "mistake" in a contract?

Surely it is up to employers to be professional, and if they f**k up, they should just take responsibility for their mistake?

sangie595

bartelbe wrote: »

Even when the employee has a signed written document from his employer? Yes, even then

Isn't that effectively a form of contract? Would an employer be allowed to reduce someone's pay, because they had made a "mistake" in a contract? Yes, actually they would!

Surely it is up to employers to be professional, and if they f**k up, they should just take responsibility for their mistake?That's a nice idea but it seldom works in practice.

I'm afraid that employers do make mistakes, and the law permits them to correct those mistakes. In this case that is what the employer is doing. And, in fact, it is just as well they noticed now, because the law also allows them to reclaim overpayments to employees even if the mistake originates with the employer. That would have been significantly harder on the OP. At least this way they know what income they have and can now plan accordingly.

chanie

The intention of Shared Parental Leave wasn't to give additional rights to parents, but to allow them to share the current provisions.






My organisation offers a similar package and we've had a few queries from fathers (partners) who thought the same as the OP. I've had to explain that this isn't the case and so if the mother returns to work early, the father can have what is remaining of the pay