Employee awarded £3,700 after employer mishandled parental leave request

A recent employment tribunal decision serves as a reminder to employers of the strict rules surrounding unpaid parental leave. Compensation of more than £3,700 was awarded to a long-serving employee after her request for statutory parental leave was incorrectly refused.

This case shows how easily a delay or misunderstanding of the regulations can lead to a breach of statutory rights; something SMEs must take seriously.

The employee, a working parent with three children, requested two weeks of unpaid parental leave so she could extend her annual leave and spend a month abroad with her family during the school holidays.

Her initial informal request was refused because of staffing pressures. She then submitted a formal written request, but the employer did not respond for 38 days, far outside the seven-day deadline required by the Maternity and Parental Leave Regulations.

By missing this deadline, the employer lost the legal right to postpone the leave, meaning the refusal was automatically unlawful.

During the internal process:

the employee raised a grievance and later appealed
the employer admitted that HR had incorrectly described parental leave as only for “unforeseen reasons,” which is not accurate under UK law

The handling of the request, along with the lengthy delays, contributed to a decline in the employee’s mental wellbeing, resulting in a period of sickness absence.

The tribunal awarded £3,700.77, including £3,000 for injury to feelings. The judge was clear that the employer’s delay breached the rules and removed their ability to postpone the leave.

Many small businesses struggle with leave requests during peak periods. However, parental leave is a statutory right. If the employee qualifies, the employer must follow the regulations. Leave can be postponed, but only if:

a valid business reason exists, and
the employer responds within seven days

Missing the statutory deadline removes the employer’s right to postpone the leave. Timing alone is not a reason to refuse and as the employer you must offer reasonable alternative dates.

If managers explain the rules incorrectly, even unintentionally the employer may still be held responsible.

To avoid similar issues:

Acknowledge parental leave requests within seven days, even if a full response takes longer
Understand the rules, parental leave is not limited to emergencies
Offer reasonable alternative dates if postponement is appropriate
Train managers on statutory leave entitlements
Keep clear documentation of decisions and communication

A simple oversight can quickly turn into a costly claim. Ensuring managers follow the correct process protects both the employee and the business.

Contact us at enquiries@121hrsolutions.co.uk We can advise and support in all areas regarding staff absence, termination, performance and more.

Employee awarded £3,700 after employer mishandled parental leave request

121 HR Solutions Ltd