Absence review

Q: Our employer has started to take all forms of absence, including paternity leave, into account under its absence review procedures. Can it do this?

A: Paternity leave is a statutory right. If an employer takes it into account when taking action against an employee on grounds of absence, this could make any resulting detriment unlawful under section 47C of the Employment Rights Act 1996.

Case law has established that a detriment can constitute a range of unfair treatment. An employer that puts an employee at any form of disadvantage may have subjected them to a detriment.