Policy Change: Bringing Equality in Parental Leaves Assignment Sample

Introduction of Policy Change: Bringing Equality in Parental Leaves Assignment

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At present, current paternity leave laws in the UK fall under the Paternity & Adoption Leave Regulations 2002, making working males the right to take 1 to 2 weeks leave before the birth of child (56 days before the birth) or adoption of the child. The entitlement remains the same irrespective of the number of births. Following the birth of a child, women are entitled to 52 weeks of paid parental leave, ensuring job security and financial independence. Men are rarely offered such paid leave, therefore the concept is still discriminatory. They don't get the same percentage of pay as women when they take paternity leave. It encourages discrimination and leads society to believe that only women are responsible for raising and raising children. The existing legislation acknowledges mothers' responsibilities to their children, but it rarely includes fathers' parental leave income benefits. As a result, despite their desire to stay at home with their newborns, fathers frequently engage in professional activities. During the early days of a child's life, the youngster requires the support of both mother and father, which should gradually be given as paid paternal breaks for parents. 

Law Articulation

Maternity leave is provided to mothers under the Equality Act of 2010, the Maternity and Parental Leave Regulations of 1999, the Employment Rights Act of 1996, and the Pregnant Workers Directive and the recast Equal Treatment Directive. Women shall be given paid leave to prove their pregnancy using the required documentation stated in the legislation, according to these provisions. Adding paternal leave considerations to existing regulations (Rubery, 2015) is the only new legislation that is required.

The equality act should focus on gender equality so that both moms and fathers can take paid maternity leave. Fathers, like women, should be paid. Employers should be required to pay bonuses to males during the early stages of fatherhood, in the same way that they would have worked in normal settings, according to employment legislation enacted in 1999. If the employer breaks the rule, it should be considered a criminal violation. As a result, incorporating some descriptive items pertaining to paternal leave into current legislation may aid in shared parenting (Kaufman, 2018).

Upsides of the Policy

The cause's social benefits are undeniably numerous. Apart from the social advantages, the law will aid in the advancement of economic goals. Men having paid parental leave could be seen as a progressive move in the United Kingdom's society. Women are often seen as having a lot of responsibility when it comes to child rearing. When it comes to paternity leave pay, males are treated unfairly. To encourage men to participate in shared parenting, they should be paid equally to women. The goal is to eliminate women's full responsibility for their children's development as a social ill. Furthermore, the family, especially fathers, requires financial assistance following the birth of a child (Rubery, 2015). Equal pay for paternity leave will make it easier for men and mothers to support their families. Furthermore, money will circulate freely throughout the country. The money offered to parents will be used to meet the needs of their families, resulting in broader economic advantages at the national level. As a result, during parental leave, fathers should be paid at the same rate as women (Kaufman, 2018).

Effect on Stakeholders

Business owners, employees, parents, administration, NGOs, international bodies, and every resident of the UK are significant stakeholders in the case. Employers may be hesitant to enact such legislation because they will be required to pay fathers for work that is not completed. If fathers had not taken leave, they should be reinstated in their positions. Employers will be required to achieve economic equality between men and women, and employees would be directly affected as beneficiaries. Employees will receive financial assistance in addition to continuing their professions (Kaufman and Almqvist, 2017). They will raise their children without facing any workplace prejudice throughout their early years. When fathers take paternal leave, they are rarely guaranteed the full payout, which encourages them to focus on professional concerns, leaving kids at the whim of moms. Women will profit from the law since it will lend a hand in their attempt to raise their children normally, free of domestic and economic strife. As a result, the legislation will have an influence on a wide range of stakeholders, including citizens from all countries.

The government and policymakers will be affected by new policies. First and foremost, it would be a progressive stride in the United Kingdom's social history. Second, if the employer fails, the government may be required to compensate the employees equally. Third, because policymakers are also members of society, they will be affected in the same way as other people. Rising social standing will have an impact on the entire country. NGOs working for comparable rights will be involved by having their recommendations enacted into law (Adema, Clarke, and Frey, 2015). Due to social pressure, international organisations, particularly the European Union, may take similar moves. Other countries may follow the United Kingdom's lead, but only at their own pace. As a result, the concept represents a fresh step toward a more equal society.

Case Laws

The employment tribunal in the matter of Ali v Capita Customer Management, it found that paying men the statutory minimum and women full basic pay during paternity absences is not discriminatory. Many people and organisations involved in social change were surprised by the employment tribunal (Baird and O'Brien, 2015). Men might also take paternity leaves, according to the panel, if their mothers returned to work following maternity leave. Cumming v British Airways plc was another case in which the tribunal dismissed the accusations of paternity pay discrimination. Direct discrimination, as per the Employment Appeal Tribunal, arises only when people are treated unequally in similar circumstances (Escobedo and Wall, 2015). The Employment Appeal Tribunal assessed whether the policy of reducing contracted rest days owing to parental leave was appropriate in the case of Cumming v British Airways plc. The court ruled that the measure does not discriminate against women or males. The same findings were published in the case of Ali Versus Capita Customer Management, which looked at shared parental leave and claimed that pay discrimination against men and women during paternity leaves is not sexual discrimination (Atkinson, 2017). CC of Leicestershire Police v Hextall, Really Easy Car Credit Ltd v Thompson, Snell v Network Rail, Peninsula Business Service Vs. Donaldson, the tribunal, issued similar judgments in this regard (Adema, Clarke, and Frey, 2015).

Conclusion

There are numerous maternity leave laws and regulations in the country. These regulations omit the crucial provision of a shared and equal remuneration for men taking paternity leave. Due to a lack of regulation, women are discriminated against because they only receive statutory minimum compensation, and gender discrimination concepts against women are further ingrained in society in the framework of child rearing responsibilities.

Policymakers may be able to remedy the situation with a new law. Today, the Employment Appeal Tribunal applies ancient notions embodied in old acts to the directions. The regulations must be changed so that both men and women can enjoy parenthood. Men require equal wages not just for social support, but also for economic assistance to their families. The existing law pushes or at minimum encourages men not to take paternal breaks since they know it will harm their careers and they'll only receive the statutory minimum wage. As a result, policymakers should examine the parliament's policy and make appropriate modifications.

Recommendations

The issue's social awareness may yield some desirable outcomes. Other countries having democratic or other political systems imitate the United Kingdom because of its liberalised society. Raising awareness will aid the organisation in exerting appropriate legislative pressure on the government. Furthermore, that will be the next positive move in the UK's social history (Baird and O'Brien, 2015). In order to increase the awareness among the current generation, various media platforms, including TV, radio, group conferences, ads, and posters can be used as they are widely popular among the masses in the UK.

The government should enact legislation or make specific reforms to allow for national advocacy of shared paternity leave with equal compensation. Employers will not provide equal advantages to men and women until the government forces them to do so through legislation. The government must take the unique move in accordance with the rule of law provisions of the United Kingdom's society (Castro-García and Pazos-Moran, 2016). The state regulation will also assist the government in punishing employers who break the law. It will also assist the government in preventing both indirect and direct gender discrimination. The society of the country is mature enough to obey such standards and rules, but it is undeveloped without a legal framework.

The final major proposal is for people to embrace a liberal mindset and contribute toward societal change. According to the dynamic essence of humanity, every nation has social ills that must be addressed. The static civilization may cause ideas to become fossilised, resulting in regression. People of a country can allow the government, NGOs, and the global community create awareness by following developments in this area. It will benefit countries where men undertaking household tasks is frowned upon (Choroszewicz and Tremblay, 2018). Citizens should accept progressive ideals and push the government and administration to make the country a more legal state in order to improve society. Being element of the vicious circle of eradicating a social ill, the government should raise awareness among citizens who exert pressure on the government.

Males should receive full compensation for the paternity leaves so that they can experience parenthood while still supporting their wives financially. The concept offers a fresh approach to combating gender inequality. Equal possibilities for women to continue working after having children should be provided. Similarly, even if they are away during parental leave, males should be promoted in accordance with the law.

References

Adema, W., Clarke, C. and Frey, V., 2015. Paid parental leave: Lessons from OECD countries and selected US states.

Annesley, C., Engeli, I. and Gains, F., 2015. The profile of gender equality issue attention in Western Europe. European Journal of Political Research, 54(3), pp.525-542.

Atkinson, J., 2017. Shared Parental Leave in the UK: can it advance gender equality by changing fathers into co-parents?. International Journal of Law in Context, 13(3), pp.356-368.

Baird, M. and O'Brien, M., 2015. Dynamics of parental leave in Anglophone countries: The paradox of state expansion in liberal welfare regimes. Community, Work & Family, 18(2), pp.198-217.

Castro-García, C. and Pazos-Moran, M., 2016. Parental leave policy and gender equality in Europe. Feminist Economics, 22(3), pp.51-73.

Choroszewicz, M. and Tremblay, D.G. 2018. "Parental-leave policy for male lawyers in Helsinki and Montreal: cultural and professional barriers to male lawyers' use of paternity and parental leaves", International Journal of the Legal Profession, Vol. 25 No. 3,

Doucet, A., 2015. Parental responsibilities: Dilemmas of measurement and gender equality. Journal of marriage and family, 77(1), pp.224-242.

Escobedo, A. and Wall, K., 2015. Leave policies in Southern Europe: continuities and changes. Community, Work & Family, 18(2), pp.218-235

Eydal, G.B., Gíslason, I.V., Rostgaard, T., Brandth, B., Duvander, A.Z. and Lammi-Taskula, J., 2015. Trends in parental leave in the Nordic countries: has the forward march of gender equality halted?. Community, Work & Family, 18(2), pp.167-181.

Kaufman, G. and Almqvist, A.L., 2017. The role of partners and workplaces in British and Swedish men’s parental leave decisions. Men and Masculinities, 20(5), pp.533-551.

Kaufman, G., 2018. Barriers to equality: why British fathers do not use parental leave. Community, Work & Family, 21(3), pp.310-325.

Rubery, J., 2015. Austerity and the future for gender equality in Europe. ILR Review, 68(4), pp.715-741.

Schmidt, E.M., Rieder, I., Zartler, U., Schadler, C. and Richter, R., 2015. Parental constructions of masculinity at the transition to parenthood: The division of parental leave among Austrian couples. International Review of Sociology, 25(3), pp.373-386.