The aim of family friendly employment rights law is to achieve more choice on the balance of work and family for employees through maternity and paternity leave, flexible working and having time off for dependants.
At Warners, our employment solicitors advise employees on their legal options when:
We help you understand your rights under key legislation, including the Employment Rights Act 1996, Equality Act 2010, and Parental Leave Regulations 2013. If your employer fails to uphold these rights or treats you unfairly, you may have grounds for a legal claim.
Our team provides clear, practical advice tailored to your situation, whether you are looking to resolve matters informally or pursue action through an Employment Tribunal. We are here to help protect your rights.
UK employment law provides statutory rights to help new and expectant parents take time off work to care for their child, without fear of losing their job or suffering unfair treatment. Whether you are preparing to go on leave or you are returning to work after leave, it is vital to understand your entitlements and how to protect them.
Employees are entitled to up to 52 weeks of maternity leave, regardless of how long they have worked for their employer.
This is broken into:
You are also entitled to Statutory Maternity Pay (SMP) if you meet eligibility criteria – typically 90% of your average earnings for the first 6 weeks, followed by a fixed weekly rate for up to 33 weeks.
Your employer must not treat you unfairly or dismiss you for taking maternity leave. If you are denied leave, pay, or face discrimination, you may have grounds for a legal claim.
Fathers and partners (including same-sex partners) are usually entitled to 1 or 2 weeks of paid paternity leave if they have been employed by their company for at least 26 weeks before the 15th week before the baby is due.
Statutory Paternity Pay (SPP) is paid at the same fixed weekly rate as SMP, and the leave must be taken in a single block within 56 days of the child’s birth or adoption.
Parents can share up to 50 weeks of leave and up to 37 weeks of pay if they choose to split the care of their child more flexibly. This applies if:
SPL can be taken in blocks or all at once, and both parents can be off at the same time if agreed with the employer.
Parents can take up to 18 weeks of unpaid parental leave per child, up to their 18th birthday, usually capped at 4 weeks per year per child. This is designed for planned time off to care for a child, such as during school holidays or after illness.
If your employer refuses to honour your leave rights, discriminates against you, or penalises you for taking time off, you may be entitled to bring a claim. Our employment law team can help clarify your position, raise a formal grievance, or pursue legal action where necessary.
All employees have the legal right to request flexible working, not just parents or carers. If you have been with your employer for at least 26 weeks, you are entitled to make a formal flexible working request. This could include changes to:
You can make one formal request every 12 months, and it must be submitted in writing. Your request should explain:
Your employer is required to consider the request in a reasonable manner and respond within three months, either accepting it, rejecting it with a valid business reason, or proposing an alternative.
Yes – but only for one or more of the eight valid business reasons set out in the Employment Rights Act 1996, such as:
If your request is unreasonably refused, not properly considered, or leads to unfair treatment, you may have grounds for a legal challenge, particularly if the refusal amounts to discrimination (e.g. for parents, carers, or disabled employees).
Whether you are planning parental leave, requesting flexible working, or facing unfair treatment at work, it’s important to understand your rights and to act quickly if they’re at risk. At Warners Solicitors, we provide clear, practical advice tailored to your situation. We can help you resolve matters informally with your employer or support you through formal grievance processes and Employment Tribunal claims if needed. Contact our friendly employment law team today.
Maternity, paternity, adoption, and shared parental leave
These rights are designed to ensure employees are not penalised for having family responsibilities and to promote equal opportunities in the workplace.
Yes, but only in very limited circumstances. Employers must follow strict legal processes and cannot select you for redundancy simply because you are on family-related leave. If your role is genuinely redundant, you should be offered any suitable alternative vacancies first.
Shared Parental Leave (SPL) allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of pay. It can be taken in blocks or all at once, and both parents can be off work at the same time. You must give notice and meet eligibility criteria to qualify.
Yes, all employees with 26 weeks’ continuous service can make a formal flexible working request. Employers must consider it reasonably and respond within three months. Requests can relate to hours, working patterns, or location.
Pregnancy and maternity are protected characteristics under the Equality Act 2010. This means it is unlawful for your employer to treat you unfavourably due to pregnancy, childbirth, maternity leave, or related matters. You may have grounds for a claim if this occurs.
You have the right to take reasonable unpaid time off to deal with emergencies involving dependants. There is no statutory right to pay for this, though some employers may offer paid compassionate or carers’ leave.
SMP is 90% of your average weekly earnings (before tax) for the first 6 weeks, followed by £184.03 per week or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks. You must meet specific employment and earnings criteria.
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"The level of service has been excellent, we always felt that the team were working in our best interests at all times and that they were constantly communicating in order to make the process fluid."
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