Response to APL&P consultation published
The Work and Families Act 2006 provides powers enabling the introduction of Additional Paternity Leave and Pay (APL&P) to provide more choice to parents in caring for their child and give fathers a greater opportunity to be involved in the upbringing of their child. On 14 May 2007 the Government published a consultation document seeking views on the administration of APL&P and the Government has now published its response.
The response indicates that the following key provisions concerning administration of the scheme will be built into the draft regulations:
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In order to discourage fraud, HMRC will carry out compliance checks and may impose financial penalties where it can be shown that claimants either fraudulently or negligently make a claim for APL&P
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When an employee applies for a period of APL&P the employer will be required to confirm an entitlement within a 28 day statutory period
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Completion of a self-certification form by an applicant for APL&P showing that the eligibility criteria have been met will be compulsory
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In order to allow a degree of flexibility between mothers changing their dates and fathers informing their employers of their change in circumstances, the legal requirement will be for fathers to provide 6 weeks’ notice of any changes to their start and finish dates for APL&P.
The Government has previously said that the earliest date that additional paternity leave and pay will be implemented is April 2010. The response can be viewed at:http://www.berr.gov.uk/files/file44293.pdf
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
