Employment protections while on Shared Parental Leave

This article covers employment protections while on or seeking to take Shared Parental Leave (SPL). For more information your rights and benefits during SPL, see our article on rights during shared parental leave.

Right not to be disadvantaged

You have a right not to be subjected to any disadvantage (or ‘detriment’) because you took or sought to take Shared Parental Leave (SPL).

This means that your employer cannot put you at a disadvantage you because you have taken SPL or have tried to take SPL, or because your employer believed you were likely to take SPL, whether or not that was the case. Even if you are not entitled to SPL but mistakenly thought you were, your employer is not allowed to penalise you for seeking to take SPL (although would be entitled to refuse you the leave).

What counts as a disadvantage or a detriment?

In essence, any action or inaction by your employer that results in you being at a disadvantage compared to other workers counts as a disadvantage or ‘detriment’. Obvious examples involve financial loss – for example, a reduction in pay, or the loss of a promotion opportunity – but it doesn’t have to. Threats of disciplinary action, even if not acted on, or a refusal of a training opportunity, or allocating you less prestigious tasks, because of an SPL-related reason, can be unlawful detriments.

Actions by co-workers – such as bullying – are not covered by the definition of “detriment”. However, in some circumstances the actions of co-workers could amount to discrimination for which your employer bears responsibility, especially if your employer is aware of the behaviour.

Right to return to your job

Your right to return to your job depends on how much leave you have taken. If you return after a period of statutory leave (whether maternity, paternity, adoption or SPL) of less than 26 weeks, you are entitled to return to the same job. 

If you have taken more than one period of SPL, you have the right to return to the job you were doing before your first period of SPL. A refusal to allow you to return after SPL in accordance with the SPL Regulations may amount to a detriment or an unfair dismissal.

If you return to work after more than 26 weeks of leave (including a combination of maternity, paternity, adoption or SPL), you are entitled to return to the same job unless it is not reasonably practicable, in which case you must be offered a suitable and appropriate job on equivalent terms and condition.

The right to return to the job in which you were employed before your absence means a right to return:

• With your seniority, pension rights and similar rights as they would have been if there had been no absence.
• On terms and conditions not less favourable than those which would have applied if there had been no absence.

However, if any of these aspects of your job would have changed had you remained in employment and not taken leave, then the right to return is to the job including those changes.

For more information, see our article on returning to work at the end of maternity leave.

Frequently asked questions

Below are answers to some of the most common questions we get on our helpline.

This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

Our helpline and online contact form is now closed as we wind down our operations. Our free legal advice pages remain available and up to date until further notice. You can find a list of trusted organisations that may be able to help you below.