60 employment
EMPLOYMENT LAW IN PRACTICE with
Doyle Clayton the employment solicitors
Additional paternity leave: some questions answered
Additional paternity leave (APL) was introduced in April and we have received lots of questions about its practical implications, writes Tina Wisener
Here is a small selection:
Can we introduce a process where employees inform us of their intention to take APL but do not complete the full form until the deadline of eight weeks before the start date?
Yes, provided you don’t reject the employee’s application if they only give eight weeks’ notice. You can certainly ask for a longer notice period to help plan ahead. The notice and evidential requirements must be complied with at least eight weeks before the date on which the employee wishes to start their APL but there is no requirement for the employee to tell you before this date.
Is there a minimum limit on APL? Could an employee take one week?
The minimum period is two weeks and the maximum 26 weeks. The leave must also be taken in multiples of complete weeks and as one continuous period.
Can an employee take exams whilst on APL?
If the exams are in relation to their role the revision and/or exams could be deemed ‘work’ for the purposes of KIT days. Therefore, the same rules for KIT days will apply: any day on which ‘work’ is carried out during the leave/pay period will count as a whole KIT day and payment will be subject to agreement. You cannot require an employee to work a KIT day during their leave nor does an employee have the
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right to work KIT days without your agreement. Therefore if you require an employee to take an exam during this time it must be agreed between the parties. Please note that the employee is entitled to turn KIT days down without suffering any consequences and, more particularly, it is unlawful for you to treat an employee unfavourably and/or to subject them to detriment for not agreeing to work KIT days, or for working or considering such work. It is also unlawful to dismiss for these reasons.
What happens if the employee is no longer the primary carer of the child ie parents separate or divorce. Are they still entitled to APL?
The employee will no longer satisfy the conditions for APL and must give you a written ‘withdrawal notice’. Depending on when they do this they may still be required to take APL, or remain on APL.
A longer version of this Paternity Leave FAQ is available on our website.
Details: Tina Wisener, partner 0118-9596839
twisener@doyleclayton.co.uk www.doyleclayton.co.uk
• Manches family law team is delighted to announce the arrival of Laura Whitehouse as an associate in its ‘go-to’ team. Whitehouse joins the team from Venters Solicitors in Reigate where she was an assistant solicitor in their family law department. Her experience in family law includes divorce, financial matters, children and cohabitee disputes. She is also a member of Resolution. Manches has been ranked as leaders in family law since 2001, and now finds itself exclusively occupying the top tier in The Legal 500 directory in the Thames Valley. Jane Mitchell, partner and head of the family law team commented: “We are delighted that Laura has joined the team as we further develop our practice in the Thames Valley. We expect to see some new challenges in Family Law and with our expanding team we are very well placed to meet them.”
people What’s in store for 2011? Movers and risers...
• Farnham Castle, the leading conference and events venue and world leader in intercultural business skills training and global mobility programmes, has appointed Phil Hackett as its new chief executive. Hackett takes over from Jim Twiss who held the position for 10 years until he retired last month. Previously Hackett managed and promoted over 500 destinations and attractions in England, including museums, galleries, sculpture parks, historic abbeys, castles, stately homes, heritage sites and ancient monuments. He joins Farnham Castle from Shakespeare Country, the tourist board for Stratford-upon-Avon,
Warwick, Leamington Spa, Kenilworth, the Cotswolds and the market towns and villages in the Heart of England, where he was chief executive for over three years. Hackett’s remit will be to strengthen and develop Farnham Castle’s charitable aims through the development of additional revenue-generating business and to maximise the opportunities to deliver a first- class service during the current challenging financial times.
• Beaconsfield-based law firm Chebsey & Co has announced that Peter Esders, a solicitor who works in its Spanish legal department, has been appointed to the board of the Association of International Property Professionals (AIPP). The AIPP, of which Chebsey & Co is a member, is the industry body for the international property market and a not-for-profit organisation that aims to improve consumer confidence and standards of professionalism in a largely unregulated market. Speaking of his appointment Esders said: “I am delighted to have been appointed to the board of AIPP and look forward to not only giving something back to the industry that I have worked in and loved for many years, but also to playing my small part in helping that industry to improve standards and become more professional.”
THE BUSINESS MAGAZINE – THAMES VALLEY – MAY 2011
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