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Family Friendly Rights

There are many different types of family friendly rights in employment law including:

  • Maternity Leave
  • Paternity Leave
  • Shared Parental Leave
  • Adoption Leave
  • Parental Leave
  • Dependants Leave
  • Flexible Working
  • Part Time Working

The rules which apply to the various types of family friendly rights vary depending on the particular right. In recent years there has been a great expansion in the rights given to working families which means that this is an area of law which is constantly changing. Our Employment law solicitors ensure that they are fully updated on all developments in this area to ensure that they can offer the most up to date advice to you.

If you are an employee and feel you need advice on what your rights are and how you can ensure that these are enforced against your employer, we can assess your situation and provide you with sound advice and support to help you achieve the outcome that you want.

 

Maternity Rights

At Banner Jones we often see women being discriminated as soon as they announce that they are pregnant. Our highly trained lawyers can advise on the basic maternity rights including:

  • The right not to be dismissed due to pregnancy or childbirth
  • The right to time off for ante-natal care
  • The right to alternative work or pay during suspension because of maternity
  • The right to maternity leave
  • The right to maternity pay
  • The right to return to work after maternity leave

On returning to work after maternity leave, we ensure that the process is as smooth as possible. We provide all clients with expert advice and support on flexible working hours should they require it and have otherwise been turned down by their employer.

Paternity Rights

Unfortunately, paternity rights is an area many employees are uneducated about. It is likely that an employer will be more tolerant towards maternity leave as opposed to paternity leave. At Banner Jones our solicitors are continually up to date with the latest on paternity rights and are able to support any fathers who may be experiencing paternity discrimination at work. We can advise on the basic paternity rights including:

  • Statutory paternity pay
  • Qualifying period of employment
  • Obligation to give advance notification to employer

Maternity & Paternity Solicitors

If you are experiencing maternity or paternity leave discrimination, our highly trained maternity and paternity solicitors in Chesterfield, Sheffield and Mansfield are on hand to help solve your issues and provide you with supportive advice. We understand the distress that many of our clients are facing and therefore we offer a sensitive approach to all our clients as well as a confidential service.

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Frequently Asked Questions

Do we have to do anything else in our recruitment adverts?

You need to be able to justify if you are asking for certain levels of experience. Advertising for a bus driver who is safe and has had previous experience is one thing advertising for a bus driver with 10 years’ experience is another. The first option leaves your job advert open for all ages to apply. The second rules out individuals who may be in their early twenties.

 Other points to consider when recruiting new employees:

  • Ensure whoever is interviewing potential employee’s scores interviewees on their skills and competencies as opposed to their age.
  • Although they are not discriminatory themselves consider removing any reference to age on your job application forms.
  • Don’t ask a potential employee for a physical fitness test unless you require them. 

Once you have selected an appropriate employee ensure managers and staff are trained to monitor and avoid any discriminatory behaviour. Also make sure it is clear within any policies you have that discrimination in any form is unacceptable. Ensure managers are fully trained in diversity issues and that they are able to deal with discriminatory issues that arise within the workplace.

Do we need to worry about these requirements if we employ people in their 50’s and 60’s?

Yes you need to be aware of these requirements if you employ anyone of any age. They affect every area of employment as well as the recruitment and selection process. The requirements not only make it unlawful to discriminate on the grounds of age but also harassment whether it be intentional or unintentional or to victimise an individual. 

You need to worry not only about your own actions but also your fellow employees who must be discouraged from making offensive or unkind comments about age or anything in between.

 As with other areas of discrimination if your employee can demonstrate that there has been a difference in treatment which is due to discrimination it is solely down to you the employer to show otherwise or for you to prove that you have done everything in your power to stop such discrimination. There are no limits to discrimination awards and often they include an aspect for suffering, failure to do so can be expensive. 

 

How does age discrimination requirements effect the recruitment process?

When you are recruiting employees you need to ensure you are not discriminating for or against anyone due to their age. This means you cannot advertise specific age requirements in any of your job adverts unless you can justify them.

What are the conditions of age discrimination?

In 2011 legislation new legislation was introduced making it unlawful to treat anyone differently due to their age except if it could be justified or falls within one of the exemptions to the law. The retirement age of 65 has now been phased out meaning employers can now only forcibly retire workers if it can be justified.  

 

What year did the requirements of age discrimination come into effect?

The Employment Equality (Age) Regulations came into effect in October 2006. The retirement age of 65 was phased out between April 2011 and October 2011.

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