Adoption policy guidance notes

Filed Under: Family friendly - Policies | Published on: Monday, 06 February 2012 04:55 PM

Legal framework

The right for employees to take adoption leave is contained in the Paternity and Adoption Leave Regulations 2002 as amended.

The rules relating to Statutory Adoption Pay (SAP) can be found in the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 (as amended).

Remember that if you do not comply with the regulations your organisation may be subject to action in the Employment Tribunal.

An employee can make a claim for compensation if:

  • S/he is subjected to a detriment (such as the denial of promotion, a pay rise or training opportunities) because of taking or requesting adoption leave and pay;
  • S/he is dismissed or selected for redundancy because of taking or requesting adoption leave and pay;
  • You have prevented or attempted to prevent them from taking adoption leave and pay.

The normal one year qualifying period of service to bring a tribunal claim is not required in order for an employee to bring a complaint on the above grounds.

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