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Adoption pay and discrimination

Mudlark August 12, 2013 17:25
Apol0gies for long post.But I need some advice.We are approved and approaching matching panel for 2 LO''s. I work for a local authority and our adoption policy does not mirror that of the maternity policy. It means as an adopter I would be substantially financially worse off than one of my colleague who may have her own baby. I pointed out to our HR dept the Childrens and Families Bill currently going through parliament which offers the same rights for adopters and allows for ''shared adoption leave'' between parents. I was informed it would not be law until 2014, so basically tough!I have been to see our union rep and outlined the situation, this will annoy our HR dept, but I feel I have little choice as why should adopters be discriminated against.A pre-requiste of us being matched is that my DH takes 3 months off to help support me, we can only afford to do this if we share adoption leave. Has anyone else succesfully challanged their employers adoption policy ? Has or is anyone else been successful in having ''shared adoption leave'' Thanks. Mudlark
Edited 17/02/2021
spal3922 August 12, 2013 18:13
Hi, I did!I work for a charity, I tried first discussing it with HRcand asking to helpbthem write a new policy with them so they would understand the adoption process. I got the same response as you that they dont have to do anything until the government makes them.I then sent an email to the director advising I felt discriminated agaimst, I pointed out the differences between the support my pregnant colleague would receive compared to me and asked to meet to discuss it. I tried to keep it factual but also human in that I talked about how emotional untroductiond etc will be without addig the extra worry of little income etcAnyway he didnt answer ( rude) but a new policy came out that was equal!
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kitty August 12, 2013 18:25
Yep it was 15 years ago now and I worked for a university, the policy was changed. Sometimes if a policy hasn't been challenged it doesn't get changed,Good luck,Kitty
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Mudlark August 12, 2013 19:12
Thank you spal and Kitty....that's inspired me to go forward and challange it
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Sprocky docky August 12, 2013 20:38
We are tax paying self employed and get exactly no SAP
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Mcmeme August 16, 2013 07:24
I am currently arguing with my company over the same thing. My HR department are pretty useless at the best of times, but this has completly thrown them through a loop. Going to send an email to the HR lead for the UK and say I feel the policy is unfair and that I feel discriminated against, but I don't think I will get anywhere.
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Mudlark August 16, 2013 08:13
You should point out that the Children's and Families Bill currently going through parliament means that adoption pay and leave will have to mirror maternity pay and leave. This will be law next year. You can google it and find the Bill it's rather lengthy the relevant chapter is chapter 6.In my case it was just that the policy had not been challenged because no one had adopted in the last 10 years. However since I started politely talking about the getting our union involved and taking out a grievance they are currently agreeing to making some changes. The view of my Union is that any employer is in a no win situation if they are challenged because it is discrimination. I suppose it depends how far you want to push it and if you have anyone to support you e.g. a supportive line manager. Anyway good luck!
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Changeisafoot August 16, 2013 08:44
Am self employed so nothing and husband's company wouldn't change their policy. It is of course not fair but once you have done all you can try not to use your energy on it as it will be needed elsewhere. Hope you will successfully challenge however.
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kstar August 16, 2013 09:32
Working for a local authority should mean you get the same as maternity as public sector are already supposed to be the same. I am a teacher and my school's policy was different but my SW told me to challenge it which I did and it was changed. SS were prepared to take this up on my behalf if necessary so that might also be worth a try!
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amh August 16, 2013 14:59
Mine was over 20 years ago and I challenged my employers and they changed it. Oddly they were an adoption agency.
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Tiggywinkle August 18, 2013 21:20
Hi, I don't have experience of shared leave but I challenged my employer's policy (I'm a teacher in an independent school) and they changed the policy so I got the same pay as my pregnant colleagues. Happy to send you a copy of my letter if it helps you. I would have thought if you work for the public sector you should get the same deal as maternity (certainly in state schools they seem to)All the best--2 LOs under 5 sounds a challenge!T x
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Taliesin August 19, 2013 00:14
Kstar...unfortunately working for LA doesn't mean it's automatically aligned to maternity policy as it isn't mandatory, but a discretionary entitlement (except the SAP of course).Posted here previously that I successfully challenged based on the bill currently going through House of Lords...think it's actually ratified though for Autumn 2015 although maybe it is 2014 now...Either way - if you're lucky employers will support it before its law & recognise the discrimination, most it seems just haven't had much experience of adopters and their policy just never been challenged etc...when highlighted they take pragmatic & supportive view...But If you're unlucky - well, employers don't have to yet and if smaller company, may take financial view why should they until they HAVE to!!It's hard isn't it....and how far you fight it depends on lots of things, not least if you think long-term it could be damaging or where you are in process & expect a placement before the law due to change!Good luck either way...not easy knowing which battles to fight the hardest!!
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FIM August 19, 2013 08:08
One thing that may help is finding out if other similar Local authorities have already changed their policies to end this discrimination. Asking your union rep might be the easiest way to find this out.
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Mudlark August 19, 2013 22:37
The main bone of contention is actually about myself and DH sharing adoption leave, under the new legislation, not yet law, all parents will have the right to share adoption/parental leave. I think I have won the battle over having receiving the same pay as maternity....BUT they are unwilling to be flexible over sharing of adoption leave. It's the unflexible and rigid approach of my LA which is frustrating, making life that little bit more difficult when it is in their gift to make it that little bit easier.I know what you mean about knowing which battles to fight, but I see this a practice for battles in the future which I will undoubtedly need to fight on behalf of our children. It's extremely disappointing that my own HR department boasting its family friendly policy cannot be a bit more forward thinking.
Edited 17/02/2021

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