Employment laws protecting parents

first78

I wanted to ask if there are any specific laws which protect parents who work? I am trying to help someone who feels their workplace discriminate against parents. The employer feels that by making reasonable adjustments for a parent they would actually be giving them preferential treatment over colleagues who do not have children. The children in question are under 18. I don't know enough about the law and am looking at what is out there to support parents within the work environment.

Marcon

first78 said:

I wanted to ask if there are any specific laws which protect parents who work? I am trying to help someone who feels their workplace discriminate against parents. The employer feels that by making reasonable adjustments for a parent they would actually be giving them preferential treatment over colleagues who do not have children. The children in question are under 18. I don't know enough about the law and am looking at what is out there to support parents within the work environment.

Plenty of info if you google - this is one of the more helpful articles: https://www.breathehr.com/en-gb/resources/parental-rights-guide

Perhaps the best way to help your friend is to suggest they contact Citizens Advice or ACAS for information?

Brie

This may be a place to start Workers’ rights wins for parents and carers - GOV.UK (www.gov.uk)

But they might also find it helpful to talk to their union or HR team.  

I must admit it is always a contentious issue.  As a non parent I have often been dragged into situations that are less than ideal for me where a parent is given preferential treatment.  So if there's a teacher's strike suddenly some people can't come to work or even WFH.  So those of us that are at work (non parents generally) have to pick up the strain.  This does feel unfair and yet none of us would say "let the kids sit at home alone playing with matches and sharp knives."  

Some parents realise and appreciate the flexibility they are given and work hard to make it up to their colleagues.  Others do little more than thumb their noses at those that have worked in their absence.  But overall the law trumps whatever behaviour work colleagues show to each other and the employer needs to be aware of this as well.  

Must admit I was pleased when things swung in my favour when I was helping care for my elderly inlaws and my employer extended the same flexibility to me as they did to young parents.  But they knew they needed to as, again, it's the law. 

LightFlare

first78 said:

I wanted to ask if there are any specific laws which protect parents who work? I am trying to help someone who feels their workplace discriminate against parents. The employer feels that by making reasonable adjustments for a parent they would actually be giving them preferential treatment over colleagues who do not have children. The children in question are under 18. I don't know enough about the law and am looking at what is out there to support parents within the work environment.

How exactly are they discriminating against parents ?

Andy_L

Being a parent is not a protected characteristic under discrimination legislation. There could be a case for indirect discrimination if, eg Mums are being disproportionately affected by the employers actions while Dads aren't

As Marcon pointed out there are a number of bits of legislation that give parents specific rights

Andy_L

first78 said:

The employer feels that by making reasonable adjustments for a parent they would actually be giving them preferential treatment over colleagues who do not have children. 

They would be. It is not illegal to do so, although it may be a bad idea if it affects the morale of non-parent staff as they "have to pick up the strain"

Undervalued

Andy_L said:

Being a parent is not a protected characteristic under discrimination legislation. There could be a case for indirect discrimination if, eg Mums are being disproportionately affected by the employers actions while Dads aren't

As Marcon pointed out there are a number of bits of legislation that give parents specific rights

Exactly.

Any employee is entitled to "short" periods of unpaid leave for "emergency" situations involving somebody who reasonably depends on them for their care. Children are an obvious example, as are elderly relatives and even friends if you are their normal carer. 

However, the law doesn't define "short" or "emergency". The general interpretation is a day or two to arrange care, not many days or weeks to do the caring yourself.

Also, if both parents work, then this should be shared between then and not always be taken by the lower paid of the couple.

There is obviously a right to maternity and paternity leave and not to be discriminated against due to pregnancy.

Beyond that, not a lot!

first78

The person I am trying to help is a single parent. At the moment they often use annual leave for a few hours a week to enable them to pick their child up from secondary school. They feel unable to ask their boss for the flexibility to do the school run and make up their work later in the evening. Their workplace will not support them working part time.
This individual is a full time parent, full time employee and often works until late at night to ensure they get their work done. They are diligent and dedicated to their job and it feels horrible to watch them becoming burnt out because of a lack of employer support.

Undervalued

first78 said:

The person I am trying to help is a single parent. At the moment they often use annual leave for a few hours a week to enable them to pick their child up from secondary school. They feel unable to ask their boss for the flexibility to do the school run and make up their work later in the evening. Their workplace will not support them working part time.
This individual is a full time parent, full time employee and often works until late at night to ensure they get their work done. They are diligent and dedicated to their job and it feels horrible to watch them becoming burnt out because of a lack of employer support.

Some employers "go the extra mile" regarding flexibility and family friendly employment policies. But others don't and will do the minimum the law requires, or even less if they can get away with it.

They have a right to request flexible working but it is relatively easy for an employer to turn this down for "business reasons" if the are so minded.

To be honest, do they want a battle with a reluctant employer? Regardless of the legalities, will that actually help?

Marcon

first78 said:

The person I am trying to help is a single parent. At the moment they often use annual leave for a few hours a week to enable them to pick their child up from secondary school. They feel unable to ask their boss for the flexibility to do the school run and make up their work later in the evening. 

Maybe they should try and pluck up courage to do so? The answer might come as a pleasant surprise. Alternatively, if the answer isn't what they want to hear, they may need to consider whether staying in this job is viable, assuming there are any alternative posts (either with this employer or another one altogether).

first78 said:

This individual is a full time parent, full time employee and often works until late at night to ensure they get their work done. 

Why can't they accomplish what needs doing within normal working hours? Are they overworked, disorganised, too afraid to speak up about their workload, not trained to handle it to maximum efficiency, being dumped on... An honest and objective answer to that question could be the start of cracking the problem.

first78 said:

They are diligent and dedicated to their job and it feels horrible to watch them becoming burnt out because of a lack of employer support.

But your friend is the one who is allowing this to happen... Assertiveness training might be just what they need. Local authorities often organise short (one day) courses, or there are plenty of books on the topic.

theoretica

Any employee has a legal right to make a formal request for flexible working, and there are specific reasons which employers may (and may not) use for turning down such a request.  This sounds like what your friend needs to look up and do.