Protections for Those Seeking to Take Parental Leave

The Employment Rights Act and Maternity and Parental Leave etc. Regulations 1999 specify that employees are unfairly dismissed when the main reason for dismissal is related to taking family leave for any reason, including parental leave. This extends to where an employee expresses the intention to take parental leave, even if they have not begun any period of leave or even made a formal application.

In the case of Hilton Foods Solutions Ltd v Wright, the claimant had had informal discussions with his colleagues, including those in the HR department and the Managing Director, about taking some unpaid parental leave to care for his disabled son. He never made a formal application to take leave in writing.

When he mentioned these intentions to the Managing Director, he was sworn at and told that he was expected to be in the office "Monday to Friday, 8-5pm with no exceptions". When he was later dismissed, Wright made a claim to the Employment Tribunal that his intentions to take parental leave were the cause, rather than redundancy as the respondent had claimed.

In the Employment Tribunal, Hilton Foods Solutions argued that this could not be the case, as Wright had never made a specific formal application for parental leave. This was rejected, however, as Wright's intentions to take parental leave were clear even though an application was never made.

From this case, we can determine the importance of ensuring that the intention to take family leave is never the reason for dismissal. This applies from the moment that you are aware that an employee plans to take the leave, not when they have formally applied.

For further HR advice or guidance in relation to the topic above, get in touch with the Lansbury HR Consultants. We are here to support businesses nationally and locally in Burton-on-Trent, Swadlincote, and Derby.