Next stop - redundancy (during shared parental leave)

NinjaLemur

I have worked for an un-named cleaning company as a window cleaner and team leader for around 7 and a half years (8years once my notice period is served). Whilst I was on paternity leave letters were sent out informing me of the possibility of coming redundancies.... although not a massive surprise the other contractors in the building have been going through similar issues/processes as the client is trying to save a truckload of money before the turn of the year.
My initial thoughts were that even though I had received the letter it would not affect my team, of which including me there are 5 of us - working across two fairly big buildings 15 floors each, thinking it was a letter sent to all the employees of the firm. I was quite wrong on that count it did affect us to the point that they are cutting my team down to two people and changing the working week pattern to include either a Saturday or a Sunday. Well everyone in my team is going for voluntary redundancy and I am currently "working" my notice period now.

I am off on shared parental leave at the end of next week (23rd) I am booked to be off for 10 weeks followed by a period of 5 weeks back to work then a further 4 weeks off.
My employer has said that they will pay me Shared parental pay up to my termination date (July 1st)
I believe I am entitled to receive the full 10 weeks shared parental pay, the ACAS rep I contacted agreed with me on this although said the second four week period would be hard to argue as that starts after my termination date.
Although if I was a female on maternity leave I would be entitled to 39 weeks maternity pay as well as my redundancy package - which I find a little unbalanced when it comes to equality across the sexes.


My partner and I have budgeted for me being on this lower rate of pay so provided I find a job by the end of October it shouldn't be a problem.

sangie595

I disagree with ACAS. There's a surprise.

Shared Parental Leave is not Maternity Leave. In order to take SPL, then the mother must terminate maternity leave. As soon as that happens, then neither parent gets SMP - whichever parent is taking Shared Parental Leave is getting Shared Parental Leave Pay. The same rules apply to both parents whilst receiving SPLP. It is not discrimination because SPLP is not SMP. For either party. SPL can be taken by either the mother, or the father, or both. So Maternity Leave / pay has nothing whatsoever to do with it.

I agree that it probably wasn't the intention of the drafters of the legislation to have such a disparity between the two pieces of legislation on this matter, but intentions aren't facts. The fact is that these are two separate pieces of legislation, and the legislation on SPL does not include provision for "ongoing payment" in the event of redundancy.

On the other hand, you are automatically entitled to one of the remaining jobs whilst on SPL. Since you say that everyone in the team is taking voluntary redundancy, I assume that includes you and you don't want the job. So be very careful what you wish for. That's your "equal right" - to get preferential treatment in relation to alternative employment whilst on SPL. If you do want one of those jobs, then you need to point this out quickly so that the current arrangements can be remedied.

NinjaLemur

My employer has decided to pay my SPP up to the 29th July which covers the 10 week period I had booked and had approved before the redundancy proceedings started.
Your correct in that I do not want the new position as it would impact too much on my family life as well as being a demotion.
Besides which I fail to see how it would work if I took up the new position, bearing in mind I would be off on parental leave for a period of 14 weeks plus a week of annual leave up to the end of October so rather than being a two man team they would have one window cleaner for a period of close to 4 months, who wouldn't be able to work at height because of site rules stating they need two people for any such jobs.
I suppose this is not for me to worry about as I will not be here anyway.


If it is true SPL legislation doesn't provide for ongoing payment in a redundancy situation then I find it quite scandalous bearing in mind the laws have been re-jigged and amended for this year to allow for both parents to be off either simultaneously and/or for discontinuous periods. So although it looks like it is beneficial to the parents it seems to me that it is more beneficial to big businesses. Although irrelevant in my case as me soon to be previous employer has agreed to pay the 10 week period.
I wouldn't qualify for SPL with a new employer should I get a new job so I would find myself in a situation that despite wanting to work I couldn't because I would have to care for my child who at the end of my notice period will be just 11 weeks old.