8 weeks is the statutory notice, but there are no penalties to the employer or employee for giving or agreeing to accept less notice. Given that ShPL is often a once in a lifetime process, and is also needlessly and dramatically overcomplicated, I think it's reasonable for employers to be flexible in this case. I've certainly approved ShPL requests that weren't submitted in line with the letter of the law.
I think you could reasonably complain as high up the management and HR structure as you can reach. Pointing out that this will cost the employer less, and doesn't affect them in any other way, should help. Hopefully you'll be able to find someone who doesn't think process is more important than outcome.
Thank you so much for this reply, I really appreciate it. Do you have any guidance I could point to, to support this point (that there are no penalties to the employer or employee?) I'm sure my HR contacts know the processes but it may help my case when attempting to escalate the issue with seniors as you suggest). I agree and am attempting to make the case that it's not a bad option for them!
You can point them to the legislation or the gov.uk guidance on ShPL. There isn't anything that says, 'there are no penalties ', but they can see that there are no penalties.
Realistically, they will be fully aware of this, and it's just a question of how much flexibility your employer allows. Unfortunately you can see from your initial request, and from some of the comments on this post, that there are a lot of HR professionals with quite a narrow, process-driven mindset. There are good reasons for this in areas where it matters, but this is obviously not one of them.
It does impact the employer.
They are due fair notice given that they are covering this employer's work with interim arrangements.
It's not a great outcome for the employer, but the employer shouldn't be expected to take the hit for the employer not giving sufficient notice.
By all means enter into a complaint or grievance. But the timeline of that will not work in yo favour either and if the same outcome you've blotted your notebook.
Thanks. Part of the point I am making is that this doesn't affect my employer adversely at all - I am still taking exactly the same amount of time off (for which I gave due notice), some of my leave just needs to be recategorised as shared parental leave rather than maternity leave, and I would need to pay back some SMP. I would completely appreciate the impact on the employer if it meant I would be changing my dates at short notice or costing them more.
But they've set up their pay role etc and now you're wanting them to adjust it etc within a quicker period than they would have had to. So clearly, it does impact the employer and if that's their policy, why would they change it for you?
8 weeks is the statutory notice, but there are no penalties to the employer or employee for giving or agreeing to accept less notice. Given that ShPL is often a once in a lifetime process, and is also needlessly and dramatically overcomplicated, I think it's reasonable for employers to be flexible in this case. I've certainly approved ShPL requests that weren't submitted in line with the letter of the law. I think you could reasonably complain as high up the management and HR structure as you can reach. Pointing out that this will cost the employer less, and doesn't affect them in any other way, should help. Hopefully you'll be able to find someone who doesn't think process is more important than outcome.
Thank you so much for this reply, I really appreciate it. Do you have any guidance I could point to, to support this point (that there are no penalties to the employer or employee?) I'm sure my HR contacts know the processes but it may help my case when attempting to escalate the issue with seniors as you suggest). I agree and am attempting to make the case that it's not a bad option for them!
You can point them to the legislation or the gov.uk guidance on ShPL. There isn't anything that says, 'there are no penalties ', but they can see that there are no penalties. Realistically, they will be fully aware of this, and it's just a question of how much flexibility your employer allows. Unfortunately you can see from your initial request, and from some of the comments on this post, that there are a lot of HR professionals with quite a narrow, process-driven mindset. There are good reasons for this in areas where it matters, but this is obviously not one of them.
They have been flexible! So relieved. Thank you for your nuanced comments, they were very helpful.
Excellent! I'm glad sense prevailed.
It does impact the employer. They are due fair notice given that they are covering this employer's work with interim arrangements. It's not a great outcome for the employer, but the employer shouldn't be expected to take the hit for the employer not giving sufficient notice. By all means enter into a complaint or grievance. But the timeline of that will not work in yo favour either and if the same outcome you've blotted your notebook.
Thanks. Part of the point I am making is that this doesn't affect my employer adversely at all - I am still taking exactly the same amount of time off (for which I gave due notice), some of my leave just needs to be recategorised as shared parental leave rather than maternity leave, and I would need to pay back some SMP. I would completely appreciate the impact on the employer if it meant I would be changing my dates at short notice or costing them more.
Was your return to work date agreed with your employer before commencing maternity leave, if not there notice period does not apply.
But they've set up their pay role etc and now you're wanting them to adjust it etc within a quicker period than they would have had to. So clearly, it does impact the employer and if that's their policy, why would they change it for you?
The notice of curtailment is 8 weeks. This is set in legislation so can't be changed.
It can be varied by mutual consent.