The purpose of this document is to set out in a convenient place the Group’s policies and procedures on parental and family friendly rights. It also includes details of when you may be allowed time off in other circumstances.
The main purpose of these policies is to provide you with information about your statutory rights in these areas, though where relevant details of any enhancement of these rights normally offered by the Group are included.
The policies are not intended to form part of your contract of employment, but in the event of any conflict between them and your written contract of employment and offer letter, the terms of the contract or offer letter will prevail.
The Group’s policies will be reviewed and updated from time to time to reflect changes in legislation and best practice.
Right to request flexible working
Introduction
This policy sets out how the Group implements the statutory right to request flexible working arrangements.
The right allows team members who qualify to request changes to their working arrangements. The legislation requires both the Group and its employees to follow certain procedures in order for a request to be considered.
Because this policy reflects the statutory provisions it does not form part of your contract and may be amended at any time to reflect any changes in the law.
Who qualifies for the right to request flexible working?
All colleagues are entitled to request flexible working arrangements from their first day of employment with the Company.
You are only allowed to make two application within 12-month period.
What changes to my working arrangements can I ask for?
You can ask:
You should be aware that if we agree to any change, the change will be permanent. You have no right to change back to your previous arrangements, for example when your child starts school.
How do I make my request?
The legislation requires a written application and requires employees to provide certain information so that their eligibility can be checked, and their request can be considered properly. To assist employees, a form is available from HR if required, which is also where you should send your application.
What happens next?
We will normally consider your application within 28 days. Within that time, we can either:
If a meeting is needed, we will inform you in writing of the outcome within 14 days of the date of the meeting. We will also inform you of your right of appeal.
Once an appeal has been received, we will usually within 14 days either agree to the request or hold a further meeting with you to discuss your appeal. We will inform you in writing of the outcome of any appeal within 14 days of the meeting.
We will allow you to be accompanied at any of these meetings by a colleague of your choice.
How will the Group decide whether to grant my request?
We will only refuse your request if there is a business reason for doing so. The business reasons which would allow us to refuse your request are as follows:
If your request is refused we will provide you with a written, dated, notice of our decision, stating which of these business reasons we are relying on and explain why it applies.
If your request involves working from home for some or all of your working hours, you should be aware that we will not be able to agree to your request without checking, amongst other things, that the working arrangements in your home comply with health and safety requirements.
We will treat your application as withdrawn if without good reason you fail to attend two successive meetings we have arranged to discuss your request or to discuss any appeal.
What happens if my request is granted?
If your request is granted at any stage in the process, we will write to you giving details of the new working arrangements, including any necessary changes to your terms and conditions, and will also tell you when the new arrangements will take effect.
There may not be a trial period for the new arrangements, so you will need to think out carefully what you want to do before making your application. You should remember that you are only allowed to make two applications within 12-month period so you may have to wait before you can make another application and you have no right to revert back to your previous arrangements.
The right to request time off for training
Introduction
The right allows employees who qualify to ask for time off for training or study. The legislation requires both the Group and its employees to follow certain procedures in order for a request to be considered. A summary of the main provisions of the legislation is set out below.
Because this policy describes the statutory provisions it does not form part of your contract and may be amended at any time to reflect any changes in the law.
Who qualifies for the right to request time off for training?
You must satisfy the following requirements in order to qualify for this right:
You are generally only allowed to make one application every 12 months (unless exceptional circumstances apply, such as the withdrawal of a course by the course provider).
How do I make my request?
You must make a written application and provide certain information so your eligibility can be checked, and your request can be considered properly.
What happens next?
We have 28 days to consider your application. Within that time, we can either accept the application without a meeting, or hold a meeting with you to discuss your application. If the person who would normally consider your application is off sick or on annual leave when the application is received, the time limit will be extended to reflect the period of absence.
If a meeting is needed, we will inform you in writing of the outcome within 14 days of the date of the meeting. We will also inform you of your right of appeal.
Once an appeal has been received, we have 14 days either to agree to the request or to hold a further meeting with you to discuss your appeal. We will inform you in writing of the outcome of any appeal within 14 days of the meeting.
You have the right to be accompanied at any of these meetings by a colleague of your choice.
The time limits in this procedure can be extended by agreement between both parties.
How will the Group decide whether to grant my request?
We may agree to all, part, or none of your request. In addition, in considering your request, we may seek to agree with you an alternative means of providing training (such as in-house training or an alternative course provider). Any alternative will be agreed in writing.
Sometimes we may need more information from you in order to assess your application. If you unreasonably fail to provide this information, we are entitled to regard your application as having been withdrawn.
We will only refuse your request (or part of your request) if there is a business reason for doing so.
The business reasons which would allow us to refuse your request are:
If your request is refused in whole or in part, the Group will tell you which of these business reasons it is relying on and explain why it applies.
What happens if my request is granted?
If your request is granted you will be able to take time off to attend the requested training or study. The notification you receive will confirm:
If we both have agreed to alternative study or training we will also clearly state that variation and include your written agreement to it.
The Group is not required to pay the course fees or other costs of agreed study or training but may, in its absolute discretion, agree to do so.
You must immediately inform us if you do not start, you do not complete, or if you undertake training or studies which differs from that originally agreed. If you fail to inform us this may be treated as misconduct under the disciplinary procedure.
Introduction
Broadly, the Group offers benefits which are in line with the statutory maternity scheme. If you have any questions about this policy or about any other aspect of your maternity rights, you should contact HR. Because it describes the statutory provisions this policy does not form part of your contract and may be amended at any time to reflect any changes in the law.
You should be aware that if you meet the qualifying conditions, you can decide to end your maternity leave early in order to opt into the shared parental leave regime.
There are detailed statutory eligibility and notification requirements relating to shared parental leave and pay. For a basic outline of these provisions see the Shared Parental Leave policy and/or contact HR as soon in advance as possible.
Time off for ante-natal care
You are entitled to take time off during your normal working hours to receive ante-natal care, although wherever possible you should arrange your appointments at the start or end of your working day. Ante-natal care includes appointments with your GP, hospital clinics and relaxation classes which you are taking on medical advice.
You should let your manager know about your appointment as far in advance of your appointment as possible and you may be asked to produce your appointment card.
There will be no deduction of pay for attendance at authorised ante-natal appointments.
Maternity leave
Provided you notify us, as set out below, you are entitled to a 26 week period of ordinary maternity leave and a 26 week period of additional maternity leave irrespective of your length of service or the number of hours which you work each week. Your additional maternity leave commences on the day after the last day of your ordinary maternity leave. This means that together ordinary maternity leave and additional maternity leave will enable you to take up to one year’s maternity leave.
When can you start your maternity leave?
Provided that you have complied with the notification requirements explained in this policy, you can start your maternity leave at any time after the start of the 11th week before the expected week of childbirth (“EWC”).
Your maternity leave may automatically start if you are absent from work because of your pregnancy at any time after the start of the 4th week before your EWC. We can ask you to start your maternity leave on the day after the first day on which you are absent.
If it has not already begun, your maternity leave will automatically start on the day after your child is born.
Notification requirements
Before the start of the 14th week before the EWC, or if this is not possible, as soon as you can before you start your maternity leave, you must notify your manager in writing of:
If you have notified us that you intend to start your maternity leave on a specific date, you may later vary that date if you notify us in writing. You should provide that notification of variation to your Manager at least 28 days before the earlier of either:
When you notify us as set out above, we will presume that you intend to take additional maternity leave as well unless you state that you do not wish to do so.
In exceptional circumstances, you can give late notification of your intention to take maternity leave, but as a general rule, if you fail to serve a notice at the relevant time, you will lose your right to take maternity leave, or to start it on the new date you have chosen.
Returning from maternity leave
You do not need to notify us in advance of the date of your return if you are returning to work at the end of either a period of ordinary or additional maternity leave.
Within 28 days of receiving notification from you of the date on which you wish to commence ordinary maternity leave, (or if you change that date, within 28 days of the commencement of your ordinary maternity leave) we will inform you of the date on which your maternity leave period will end. This will be the end of your additional maternity leave period, unless you have told us you do not wish to take additional maternity leave, in which case it will be the end of your ordinary maternity leave period.
If you later decide that you wish to return to work before the date notified to you, you must give us at least eight weeks’ written notice of the earlier date on which you wish to return. If you do not give sufficient notice, we will be entitled to postpone your return for eight weeks or until the end of your maternity leave period, whichever is the earlier. We are under no obligation to pay you if you return to work early and have not complied with these notification requirements.
Returning late from maternity leave
If you are too ill to return to work at the end of your maternity leave, the normal rules on sick leave and sick pay will apply.
Contact during maternity leave
We reserve the right to make reasonable contact with you during your maternity leave. The frequency and nature of such contact will depend on a number of factors such as the nature of your work, your role, the need to communicate important information and the steps we consider necessary to facilitate your return to work if that is your wish. We will discuss the arrangements for such contact with you prior to the commencement of your maternity leave.
Keeping in touch days
You may agree with your immediate Manager to work for up to 10 days during your maternity leave period. You will be paid full pay (inclusive of any Statutory Maternity Pay to which you are entitled) for any such days worked. This work will not bring your maternity leave period to an end. We are not obliged to offer such work, and you do not have to accept it.
Maternity pay
To qualify for Statutory Maternity Pay (“SMP”) you must have at least 26 weeks’ service at the start of the 14th week before the EWC and you must earn at least the lower earnings limit for NI contributions. SMP is payable whether or not you intend to return to work. It is payable for a period of up to 39 weeks, which normally starts at the point you go on maternity leave.
To claim SMP, you must give us at least 28 days’ written notice of the date on which you expect your entitlement to SMP to begin. If you are unable to give 28 days’ notice, you should give as much notice as you can. It is advisable to include this information with the earlier notice of your intention to take maternity leave.
You should make sure that you enclose a form MAT B1, signed by your doctor or midwife when you give notification of your intention to claim SMP. We cannot pay SMP without medical evidence from a doctor or a midwife indicating the date on which the baby is due.
SMP is payable at an earnings-related rate for the first six weeks and at a flat statutory rate for a maximum 33 additional weeks.
Your SMP will be paid into your bank account on the same date that your salary would have been payable and will be subject to deductions for tax and national insurance in the usual way. You will not receive SMP for any weeks in which you work, unless such work is carried out on agreed keeping in touch days.
If you work for more than one employer special rules apply in relation to claiming SMP and you should contact the HR.
If you do not qualify for SMP, you may be entitled to claim state maternity allowance.
Contractual benefits during maternity leave
When you are absent on ordinary and additional maternity leave, you will be entitled to the benefit of the terms and conditions of employment which would have applied if you had not been absent, except for the terms providing for salary. You will also continue to be bound by all your obligations under your contract of employment, other than the obligation to work.
Right to return
If you return to work following a period of ordinary maternity leave you will generally have a right to return to the job in which you were employed before your absence.
If you return to work following a period of additional maternity leave you will generally have the right to return to the job in which you were employed before your absence, or, if it is not reasonably practicable for you to return to that job, to another job which is suitable and appropriate in all the circumstances.
If you have taken more than one type of statutory leave (e.g. maternity leave followed by parental leave) in a single period of absence from work, different statutory rules may apply.
Health and safety
In accordance with our legal obligations, the Group has carried out an assessment of the risks to all pregnant employees who work for it.
If your job is identified as carrying any risk for you or your unborn child, you will be notified immediately, and arrangements will be made to remove you from those risks. This may mean that your working conditions are altered or that you are offered another more suitable job for the duration of your pregnancy. If neither of these options is possible, we reserve the right to suspend you on full pay until you are no longer at risk.
If you have any concerns about your own health and safety at any time, you should speak to your Manager immediately.
Introduction
This policy outlines the statutory rules which allow qualifying employees to take ordinary paternity leave and to obtain statutory paternity pay.
You may also be eligible for shared parental leave and pay. For a basic outline of these provisions see the Shared Parental Leave policy and/or contact HR as soon in advance as possible.
Similar rules apply if your partner is adopting a child. For these see the Adoption policy.
Because it describes the statutory provisions this policy does not form part of your contract and may be amended at any time to reflect any changes in the law.
Time off to attend ante-natal appointments
You are entitled to take unpaid time off during your normal working hours to accompany your partner to up to two ante-natal appointments, although wherever possible these appointments should be arranged at the start or end of your working day.
You should let your manager know about the appointment as far in advance of your appointment as possible. You may be asked to provide confirmation of your relationship with the mother and details of the appointment.
Who qualifies for paternity leave?
You will be entitled to take a period of two weeks’ paternity leave (PL) for the purpose of caring for a child or supporting the child’s mother provided you satisfy the following conditions:
Notification
You must give notice to us of your intention to take PL at least 28 days before the commencement of each intended period of leave. Your notification must contain certain specific information described below.
Blocks of leave
Paternity Leave can be taken in one two weeks block or in two separate week-long blocks.
When can you take your paternity leave?
PL can be taken at any point in the 12 months after birth, or placement in the cases of Adoption.
Statutory paternity pay
Statutory paternity pay (“SPP”) is payable for a maximum period of 2 weeks’ paternity leave. To qualify for SPP you must satisfy the requirements for PL, you must earn at least lower earnings limit for NI contributions and you must be employed by us, at the date the child is born.
To claim SPP, you must give notice to us in writing at least 28 days (or if that is not possible as much notice as you can) before the date on which you expect your entitlement to begin. It is advisable to include this information when you notify us of your intention to take PL.
The amount of SPP that you are entitled to receive is the current flat rate, or 90% of your weekly salary for each week of leave, whichever is lower.
Your SPP will be paid into your bank account on the same date that your relevant salary would have been payable and will be subject to deductions for tax and national insurance in the usual way.
Notification requirements
In order to take paternity leave or claim SPP you must provide us with the following information in writing:
If you have notified us that you intend to start your paternity leave and expect to receive SPP from a given date, you may later vary that date provided you notify us in writing of the variation. You should provide that notification at least 28 days before the first day you wish your leave to start. If it is not reasonably possible for you to give us 28 days’ notice, you should give notice as soon as you can.
If you have chosen to take your leave and receive SPP on a particular predetermined date and the child is not born on or before that time you will have to vary your choice of date and give us notice of the new date as soon as possible.
If you specify that you wish your leave and your SPP to commence on the child’s date of birth and you are in work on that date, your period of leave and SPP will begin on the following day.
You must give us notice of the date of the child’s birth as soon as reasonably possible after the child is born.
Multiple births
Regardless of the number of children born as a result of one pregnancy, your entitlement to PL, and SPP remains the same.
Contractual benefits
When you are absent on PL you will receive all contractual benefits to which you are usually entitled other than salary and wages and you will be bound by all your contractual obligations, other than your obligation to work.
Shared parental leave and pay
You may be entitled to shared parental leave and pay.
The eligibility requirements are very complicated. If you think you may be entitled to shared parental leave or pay you should contact HR as soon as possible. They will give you further details of the eligibility and notification requirements.
Introduction
This policy is a brief summary of the statutory rules which allow qualifying employees to take adoption leave, and to receive statutory adoption pay, following the adoption of a child. Slightly different rules apply to overseas adoptions, and also in relation to fostering for adoption and surrogacy arrangements. You should apply to HR for more information in these cases.
If you do not take adoption leave, you may be able to take statutory paternity leave and receive statutory paternity pay in relation to an adoption.
Shared parental leave and pay may also be available for either or both parents adopting a child. There are detailed statutory eligibility and notification requirements for shared parental leave and pay. For a basic outline of these provisions see the Shared Parental Leave policy and/or contact HR as soon in advance as possible.
Because it describes the statutory provisions this policy does not form part of your contract and may be amended at any time to reflect any changes in the law.
Time off for adoption appointments
You are entitled to take time off during your normal working hours to attend official adoption appointments prior to the placement taking place although wherever possible you should arrange your appointments at the start or end of your working day. The number of times you are entitled to take time off and whether or not you will be paid depends on whether you are the primary or the secondary adopter.
You should let your manager know about your appointment as far in advance as possible and you may be asked to produce written confirmation of the appointment from the adoption agency.
There will be no deduction of pay for attendance at official adoption appointments where you are the sole or primary adopter. You are entitled to take paid time off on no more than five occasions and for a maximum of six and a half hours on each occasion.
If you are the secondary adopter, you are entitled to attend up to two official adoption appointments. Time off will be unpaid.
In the case of joint adoptions, you will need to decide between you who is to be the primary and who is to be the secondary adopter for these purposes. We may ask for a signed declaration showing the choice you have made.
Who qualifies for adoption leave?
You can take adoption leave if you have either adopted a child or are one of two people who have jointly adopted a child. To qualify for leave, you must have:
Where a child is jointly adopted either adopting partner will be able to choose to take adoption leave (though not both). If the child is being adopted by only one of a couple, only the adopter will be entitled to adoption leave. Where one partner takes adoption leave the other may be entitled to paternity leave. In either case, you cannot take both adoption and paternity leave in respect of the same child.
Period of adoption leave
If you qualify, you are entitled to take up to 26 weeks’ ordinary adoption leave followed immediately by 26 weeks’ additional adoption leave. Only one period of adoption leave is available irrespective of how many children are placed with you for adoption as part of the same arrangement.
In the unlikely event that the placement comes to an end prematurely, you will normally be entitled to adoption leave for up to eight weeks from the date the placement ends.
When can I take adoption leave?
You can choose to begin adoption leave either:
Contact during adoption leave
We reserve the right to make reasonable contact with you during your adoption leave. The frequency and nature of such contact will depend on a number of factors such as the nature of your work, your role, the need to communicate important information and the steps we consider necessary to facilitate your return to work if that is your wish. We will discuss the arrangements for such contact with you prior to the commencement of your adoption leave.
Keeping in touch days
You may agree with your immediate Manager to work for up to 10 days during your adoption leave period. You will be paid full pay (inclusive of any Statutory Adoption Pay to which you are entitled) for any such days worked. This work will not bring your adoption leave period to an end. We are not obliged to offer such work, nor are you obliged to accept it.
Statutory Adoption Pay (SAP)
During adoption leave, you may be entitled to payment of SAP for up to 39 weeks. This is paid provided that you:
SAP is payable at an earnings-related rate for the first six weeks and at a flat statutory rate for a maximum 33 additional weeks.
Your SAP will be paid into your bank account on the same date that your salary would have been payable and will be subject to deductions for tax and national insurance in the usual way.
You will not receive SAP for any weeks in which you work, unless such work is carried out on agreed keeping in touch days.
If you work for more than one employer special rules apply in relation to claiming SAP and you should contact HR.
Notification – adoption leave and SAP
Please tell us if you are planning to take adoption leave as soon as possible after you have been approved for adoption.
In order to take adoption leave and claim SAP you must, within seven days of being advised by the adoption agency that you have been matched with a child, provide us with the following information in writing:
You must also provide us with a signed and dated “matching certificate”, which is provided by the adoption agency, within seven days of the date of issue and give a declaration that you have chosen to receive SAP and not statutory paternity pay in respect of the adoptive child. You cannot claim both.
The date on which you want leave to begin can be changed, provided we are notified in writing at least 28 days before the new start date, unless the new start date is the date of placement, when the notice must be given 28 days before the date on which you originally told us you expected the placement to take place.
We will write to you within 28 days of receiving your notification (or, if you validly vary that date, within 28 days of the commencement of your ordinary adoption leave) giving the date on which you will be expected to return from leave.
In exceptional circumstances, late notification of your intention to take adoption leave can be given, but as a general rule if you fail to serve a notice at the relevant time, you will lose your right to take adoption leave or to start it at the revised date you have chosen.
If you specify that you wish your leave and your SAP to commence on the placement date and you are in work on that date, your period of leave and SAP will begin on the following day. You must give us notice of the date of the child’s placement as soon as reasonably possible after placement takes place.
Contractual benefits
During ordinary and additional adoption leave, as well as receiving SAP you will be entitled to benefit from the terms and conditions of employment which would have applied if you had not been absent, except for the terms providing for salary. You will also continue to be bound by all your obligations under your contract of employment, other than the obligation to work.
Early return to work
You will be expected to return to work at the end of the 52-week period of entitlement to adoption leave. If you wish to return to work earlier, you must notify us of the earlier return date at least eight weeks in advance.
If you do not give sufficient notice of your early return, we will be entitled to postpone your return for eight weeks or until the end of your adoption leave period, whichever is the earlier. We are under no obligation to pay you if you return to work early and have not complied with those notification requirements.
Returning late from adoption leave
If you are too ill to return to work at the end of your adoption leave, normal rules on sick leave and sick pay will apply.
Right to return
If you return to work having taken ordinary adoption leave or paternity leave, you will generally be entitled to return to the job which you had before the leave.
If you return to work after additional adoption leave you will generally be entitled to return to the job you had before taking the leave or, if that is not reasonably practicable, to another job which is both suitable and appropriate and on no less favourable terms and conditions.
Where you have taken more than one type of statutory leave (e.g. adoption leave followed by parental leave) in a single period of absence from work, different statutory rules may apply.
Who qualifies for paternity leave?
Qualifying employees are entitled to take a period of one- or two-weeks’ paternity leave (PL) and receive statutory paternity pay on adoption.
In order to qualify for PL you must have at least 26 weeks’ continuous employment at the end of the week you are notified you are matched with the child and:
(For this purpose “partner” means someone of the same or a different sex who lives with the adopter and the child in an enduring relationship, and who is not a close relative.)
You cannot take paternity leave in addition to adoption leave in respect of the same child.
Introduction
This policy is a brief summary of the main features of the statutory scheme which applies to employees who wish to take statutory shared parental leave (“SPL”) and claim shared parental pay (“ShPP”).
SPL enables eligible parents to choose how to share the care of their child during the first year of birth or adoption.
If you are considering taking SPL you are encouraged to contact HR to arrange an informal discussion as early as possible regarding your potential entitlement, to talk about your plans and to enable us to support you.
Since it cannot cover every eventuality, specific questions about circumstances not covered below should be raised with HR.
Because it describes the statutory provisions this policy does not form part of your contract and may be amended at any time to reflect any changes in the law.
Who is covered by the policy?
This policy covers all employees. It does not apply to agency workers or self-employed contractors.
Scope and purpose of the policy
All eligible employees have a statutory right to take SPL.
Parents are not obliged to take SPL. The default position on the birth of a child will be that the mother will remain entitled to 52 weeks maternity leave (during 39 of which she will eligible for statutory maternity pay). The default position on the adoption of a child will be that the primary adopter will be entitled to 52 weeks of adoption leave (during 39 of which statutory adoption pay can be claimed).
The only entitlement that the child’s other parent will have unless they engage with the SPL scheme will be two weeks’ statutory paternity leave and pay and unpaid parental leave.
This policy is divided into two sections, as follows:
Section A: Arrangements in Relation to The Birth of a Child
Frequently used terms
The definitions in this paragraph apply in this policy.
“Expected week of childbirth (EWC)” means the week, beginning on a Sunday, in which the doctor or midwife expects your child to be born;
“Parent” means one of two people who will share the main responsibility for the child’s upbringing (and who may be either the mother, the father, or the mother’s partner if not the father);
“Partner” means spouse, civil partner or someone living with another person in an enduring family relationship, but not a sibling, child, parent, grandparent, grandchild, aunt, uncle, niece or nephew;
“Qualifying Week” means the fifteenth week before the expected week of childbirth.
What is Shared Parental Leave?
SPL is a form of leave available to working parents following the birth of a child.
It provides a more flexible alternative to the default system whereby the mother may qualify for up to 52 weeks’ maternity leave and her partner may qualify for up to two weeks’ ordinary paternity leave.
Under the SPL system, up to 50 weeks of the maternity leave entitlement may be designated as SPL. Assuming you are both eligible, you and your partner can choose how you split that leave between you. You may be able to take this leave at the same time or at different times. You may also be able to take it in more than one block.
You are entitled to SPL in relation to the birth of a child if:
The following conditions must also be fulfilled:
The total amount of SPL available is 52 weeks, less the weeks spent by the child’s mother on maternity leave (or the weeks in which the mother has been in receipt of SMP or MA if she is not entitled to maternity leave).
If you are the mother you cannot start SPL until after the compulsory maternity leave period, which lasts until two weeks after birth (or four weeks after birth if you work in a factory).
If you are the child’s father or the mother’s partner, you should consider using your two weeks’ statutory paternity leave before taking SPL. Once you start SPL you will lose any untaken paternity leave entitlement. SPL entitlement is additional to your paternity leave entitlement.
Not less than eight weeks before the date you intend your SPL to start, you must give a written opt-in notice giving:
If you are the child’s mother and are still on maternity leave, you must give us at least eight weeks’ written notice to end your maternity leave (known as a curtailment notice) before you can take SPL. The notice must state the date your maternity leave will end. You can give the notice before or after you give birth, but you cannot end your maternity leave until at least two weeks after birth (or four weeks after birth if you work in a factory).
You must also give us, at the same time as the curtailment notice, a notice to opt into the SPL scheme (see above) or a written declaration that the child’s father or your partner has given their employer an opt-in notice and that you have given the necessary declarations in that notice.
The other parent may be eligible to take SPL from their employer before your maternity leave ends, provided you have given the curtailment notice.
The curtailment notice is usually binding and cannot be revoked. You can only revoke a curtailment notice if maternity leave has not yet ended and one of the following applies:
Once you revoke a curtailment notice you cannot submit a second curtailment notice, unless the revocation was given in the in circumstances set out in the second bullet point above.
If you are the child’s father or the mother’s partner, you will only be able to take SPL once the mother has either:
You must provide within 14 days of our request:
We can, where there is a suspicion that fraudulent information may have been provided or where we have been informed by HMRC that a fraudulent claim has been made, investigate the matter further in accordance with the usual investigation and disciplinary procedures.
Notifying us of your SPL dates
Having opted into the SPL system you will need to give a period of leave notice telling us the start and end dates of your leave. This can be given at the same time as your opt-in notice, or it can be given later, as long as it is given at least eight weeks before the start of your leave. You must also state in your period of leave notice the dates on which you intend to claim ShPP, if applicable.
If your period of leave notice gives dates for a single continuous block of SPL you will be entitled to take the leave set out in the notice.
You can give up to three period of leave notices. This may enable you to take up to three separate blocks of SPL (NB. If you give a notice to vary or cancel a period of leave this will in most cases count as a further period of leave notice; see below).
Procedure for requesting split periods of SPL
In general, a period of leave notice should set out a single continuous block of leave. We may, in some cases, be willing to consider a period of leave notice where the SPL is split into shorter periods (of at least a week) with periods of work in between. It is best to discuss this with your Manager and HR in advance of submitting any formal period of leave notices. This will give us more time to consider the request and hopefully agree a pattern of leave with you from the start.
You must submit a period of leave notice setting out the requested pattern of leave at least eight weeks before the requested start date. If we are unable to agree to your request straight away, there will be a two-week discussion period. At the end of that period, we will confirm any agreed arrangements in writing. If we have not reached an agreement, you will be entitled to take the full amount of requested SPL as one continuous block, starting on the start date given in your notice (for example, if you requested three separate periods of four weeks each, you will be entitled to one 12-week period of leave). Alternatively, you may:
Changing the dates or cancelling your SPL
You can cancel a period of leave by notifying us in writing at least eight weeks before the start date in the period of leave notice.
You can change the dates for a period of leave by giving us at least eight weeks’ notice before the original start date and the new start date.
You do not need to give eight weeks’ notice if you are changing the dates of your SPL because your child has been born earlier than the EWC, where you wanted to start your SPL a certain length of time (but not more than eight weeks) after birth. In such cases please notify us in writing of the change as soon as you can.
A notice to cancel or change a period of leave will count as one of your three period of leave notices, unless:
Shared parental pay
ShPP of 39 weeks, less any weeks of SMP claimed by you or the other parent, may be available provided you have at least 26 weeks’ continuous employment with us at the end of the Qualifying Week and your average earnings are not less than the lower earnings limit set by the government each tax year. ShPP is paid at a rate set by the government each year.
Your terms and conditions of employment remain in force during SPL, except for the terms relating to pay.
Annual leave entitlement will continue to accrue at the rate provided under your contract of employment.
We may make reasonable contact with you from time to time during your SPL although we will keep this to a minimum. This may include contacting you to discuss arrangements for your return to work.
You may ask or be asked to work (including attending training) on up to 20 “shared parental leave in touch” days (“SPLIT days”) during your SPL. This is in addition to any keeping in touch (“KIT”) days that you may have taken during maternity leave. SPLIT days are not compulsory and must be discussed and agreed with HR.
You will be paid at your normal basic rate of pay for the actual time spent working on a SPLIT day and this will be inclusive of any ShPP entitlement.
If you want to end a period of SPL early, you must give us eight weeks’ prior notice of the return date. It is helpful if you give this notice in writing.
If you want to extend your SPL (assuming you still have unused SPL) you must submit a new period of leave notice at least eight weeks before the date you were due to return to work, assuming you still have SPL entitlement remaining and have not already submitted three period of leave notices. If you are unable to request more SPL you may be able to request annual leave or ordinary parental leave (see the Parental Leave Policy).
You are normally entitled to return to work in the position you held before starting SPL, and on the same terms of employment. However, if it is not reasonably practicable for us to allow you to return into the same position, we may give you another suitable and appropriate job on terms and conditions that are not less favourable, but only in the following circumstances:
If you want to change your hours or other working arrangements on return from SPL you should make a request for flexible working under the Flexible Working Policy. It is helpful if such requests are made as early as possible.
If you decide you do not want to return to work, you should give notice of resignation in accordance with your contract.
Section B: Arrangements in Relation to The Adoption of a Child
Frequently used terms
The definitions in this paragraph apply in this policy.
“Partner” means your spouse, civil partner or someone living with you in an enduring family relationship at the time the child is placed for adoption, but not your sibling, child, parent, grandparent, grandchild, aunt, uncle, niece or nephew;
“Qualifying Week” means the week the adoption agency notifies you that you have been matched with a child for adoption.
What is Shared Parental Leave?
SPL is a form of leave that may be available where an adoption agency places a child with you and/or your partner.
It provides a more flexible alternative to the default system whereby one partner may qualify for up to 52 weeks’ adoption leave and the other partner may qualify for up to two weeks’ ordinary paternity leave.
Under the SPL system, up to 50 weeks of the adoption leave entitlement may be designated as SPL. Assuming you are both eligible, you and your partner can choose how you split that leave between you. You may be able to take this leave at the same time or at different times. You may also be able to take it in more than one block.
You may be entitled to SPL if an adoption agency has placed a child with you and/or your partner for adoption and you intend to share the main responsibility for the care of the child with your partner.
The following conditions must be fulfilled:
If your partner is taking adoption leave and/or claiming SAP, you may be entitled to two weeks’ statutory paternity leave and pay. You should consider using this before taking SPL. Paternity leave is additional to any SPL entitlement you may have, but you will lose any untaken paternity leave entitlement once you start a period of SPL.
The total amount of SPL available is 52 weeks, less the weeks of adoption leave taken by either you or partner (or the weeks in which your partner has been in receipt of SAP if they were not entitled to adoption leave). You cannot start SPL until at least two weeks after the adoption placement date.
Not less than eight weeks before the date you intend your SPL to start, you must give us a written opt-in notice which includes:
If you are taking or intend to take adoption leave and want to opt into the SPL scheme, you must give us at least eight weeks’ written notice to end your adoption leave (known as a curtailment notice). The notice must state the date your adoption leave will end. You can give the notice before or after adoption leave starts, but you must take at least two weeks’ adoption leave.
You must also give us, at the same time as the curtailment notice, a notice to opt into the SPL scheme (see above) or a written declaration that your partner has given their employer an opt-in notice and that you have given the necessary declarations in that notice.
If your partner is eligible to take SPL from their employer, they cannot start it until you have given us your curtailment notice.
The curtailment notice is binding on you and cannot usually be revoked. You can only revoke a curtailment notice if your adoption leave has not yet ended and one of the following applies:
Once you have revoked a curtailment notice you will be unable to opt back in to the SPL scheme.
Ending your partner’s adoption leave or pay
If your partner is taking adoption leave or claiming SAP from their employer, you will only be able to take SPL once your partner has either:
You must provide within 14 days of our request:
We can, where there is a suspicion that fraudulent information may have been provided or where we have been informed by HMRC that a fraudulent claim has been made, investigate the matter further in accordance with the usual investigation and disciplinary procedures.
Notifying us of your SPL dates
Please see Section A (Birth of a Child) of this policy for information about notifying us of your SPL dates.
Procedure for requesting split periods of SPL
Please see Section A (Birth of a Child) of this policy for the procedure for requesting split periods of SPL.
Changing the dates or cancelling your SPL
You can cancel a period of leave by notifying us in writing at least eight weeks before the start date in the period of leave notice.
You can change the start date for a period of leave, or the length of the period of leave, by notifying us in writing at least eight weeks before the original start date and the new start date.
You can change the end date for a period of leave by notifying us in writing at least eight weeks before the original end date and the new end date.
You can change split periods of leave into a single continuous period of leave by notifying us in writing at least eight weeks before the start date.
You can request that a continuous period of leave be split into two or more discontinuous periods with periods of work in between. We will consider any such request as set out in Section A (Birth of a Child) of this policy.
A notice to change or cancel a period of leave will count as one of your three period of leave notices, unless:
Shared parental pay
ShPP of 39 weeks, less any weeks of SAP claimed by you or your partner, may be available provided you have at least 26 weeks’ continuous employment with us at the end of the Qualifying Week and your average earnings are not less than the lower earnings limit set by the government each tax year. ShPP is paid at a rate set by the government each year.
Please see Section A (Birth of a Child) of this policy for information about terms and conditions of employment during SPL.
Please see Section A (Birth of a Child) of this policy for information about keeping in touch.
If you want to end a period of SPL early, you must give us eight weeks’ prior written notice of the new return date. If you have already given us three period of leave notices you will not be able to end your SPL early without our agreement.
If you want to extend your SPL (assuming you still have unused SPL) you must submit a new period of leave notice at least eight weeks before the date you were due to return to work, assuming you still have SPL entitlement remaining and have not already submitted three period of leave notices. If you are unable to request more SPL you may be able to request annual leave or ordinary parental leave (see the Parental Leave Policy).
You are normally entitled to return to work in the position you held before starting SPL, and on the same terms of employment. However, if it is not reasonably practicable for us to allow you to return into the same position, we may give you another suitable and appropriate job on terms and conditions that are not less favourable, but only in the following circumstances:
If you want to change your hours or other working arrangements on return from SPL you should make a flexible working request under the Flexible Working Policy. It is helpful if such requests are made as early as possible.
If you decide you do not want to return to work you should give notice of resignation in accordance with your contract.
Parental leave
Introduction
The Group’s policy on parental leave is set out below. Broadly, we offer benefits which are in line with the statutory scheme. If you have any questions about this policy you should contact HR. Because it describes the statutory provisions it does not form part of your contract, and may be amended at any time to reflect any changes in the law.
Who qualifies for parental leave?
If you have completed one year’s continuous service with the Group and have, or expect to have, responsibility for a child you are entitled to parental leave in accordance with the current statutory provisions. You may have responsibility for a child if you are the child’s natural mother or father, a step-parent or an adoptive parent.
How much parental leave are you entitled to?
You are entitled to a total of 18 weeks’ parental leave in respect of each child. In the case of multiple births, you are entitled to 18 weeks’ parental leave in respect of each child.
When can you take parental leave?
You may choose to take parental leave on or any time before the child’s 18th birthday.
Parental leave can only be taken in blocks or multiples of one week (unless you have a disabled child). You may not take more than four weeks’ parental leave in a year in respect of any individual child.
Notification requirements
If you wish to exercise your entitlement to parental leave you must give us at least 21 days’ notice of your intention to take parental leave. Such notice must specify the dates on which you wish your period of parental leave to begin and end.
If you are the father of the child in respect of whom parental leave is to be taken and your intended period of leave is to begin on the date when the child is born, your notice of intention to take leave must specify the expected week of childbirth. Such notice must be given to us at least 21 days before the beginning of the expected week of childbirth.
If you are a new adoptive parent and you intend to take parental leave beginning on the date on which the child is placed with you for adoption, your notice of intention to take leave must specify the duration of the period of leave and the week in which placement is expected to occur. Such notice must be given to us at least 21 days before the beginning of the expected week of placement. If it is not reasonably practicable to give 21 days’ notice, notice must be given as soon as is reasonably practicable.
Evidence
We may require you to provide the following evidence of your entitlement to parental leave:
Postponement
We may postpone your parental leave for up to six months if the business would be particularly disrupted if the leave were taken at the time requested. However, we may not postpone your parental leave if you have given notice to take parental leave immediately after the child is born or placed with you for adoption.
When we postpone parental leave, we will give you notice in writing within seven days of receiving your request for parental leave, stating the reasons for the postponement and specifying the dates on which you will be allowed to take parental leave. We will agree to let you take a period of parental leave of the same duration beginning on a date which begins no more than six months after your requested commencement date.
During parental leave
If you take parental leave you are entitled to the benefit of the Group’s implied obligation of trust and confidence and the benefit of any terms and conditions of employment relating to:
You are bound also by the implied obligation of good faith and any terms and conditions of employment relating to:
You are not entitled to receive pay for periods of parental leave.
Returning to work after parental leave
If you take parental leave for a period of four weeks or less you are generally entitled to return to the same job you had before taking parental leave. If you take parental leave for a period of more than four weeks you are generally entitled to return to the same job or, if that is not reasonably practicable, a similar job which has the same or better status, terms and conditions as your old job.
If you take parental leave immediately following ordinary maternity leave, you are generally entitled to return to the same job you had before taking maternity leave.
If you take parental leave immediately following additional maternity leave you are entitled to return to the same job or, if this would not have been reasonably practicable at the end of your additional maternity leave, and is still not reasonably practicable at the end of your parental leave, you are generally entitled to return to a similar job which has the same or better status, terms and conditions as your old job.
Introduction
Irrespective of your length of service with the Group, you are entitled to take a reasonable amount of unpaid time off work to deal with an emergency involving a dependant in accordance with the current statutory provisions.
At the date of this policy the statutory provisions for time off for dependants are as set out below. Because it describes the statutory provisions it does not form part of your contract and may be amended at any time to reflect any changes in the law.
In what circumstances may you take time off?
You may take time off work to deal with an unexpected or sudden problem and make any necessary long-term arrangements in the following circumstances:
Who counts as a dependant?
A dependant is your spouse or civil partner, partner, child, parent, or someone who lives with you as part of your household, excluding tenants or boarders living in your home or someone who lives in your home as an employee.
In cases of illness, injury or where care arrangements break down, a dependant may also be someone who reasonably relies on you for assistance.
How much time can you take off?
There is no set limit to the amount of time which you may take off and this will depend on the circumstances. However, in most cases the time off will be one or two days at the most. For example, if your child falls ill you will be entitled to take time off to deal with the immediate care of your child, to visit the doctor if necessary, and to make longer term care arrangements.
You are expected to make alternative arrangements to deal with an emergency as soon as possible. You will not be entitled to take two weeks off, for example, to look after your sick child.
Notification requirements
If you wish to exercise your entitlement to time off for dependants you must inform us as soon as possible of your intention to take time off, the reason for it and how long you expect to be away from work. There may be times when you return to work before it has been possible to contact us, but you must still inform us of the reason for your absence on your return to work.
This policy is intended to cover unforeseen matters. If you know in advance that you are going to need to take time off, you should take this time as part of your holiday entitlement in the normal way. Alternatively, if the reason you need to take leave relates to your child, you may be entitled to take parental leave.
If we consider that you are abusing the right to time off for dependants, disciplinary action will be taken against you.
March 2024.