Royal Mail Employee Wins £3,700 After Unlawful Delay in Addressing Her Unpaid Parental Leave Request

In Mrs Sylwia Gwiazda v Royal Mail Group Limited, a postal delivery worker has been awarded nearly £4,000 after her unpaid parental leave request was addressed only after an unlawful delay. While her employer’s reasoning for denying the request may have been valid, it took significantly longer than the seven-day requirement to offer an alternative.

Read on as we examine the case facts, the employment tribunal’s judgment, and the associated right under the Maternity and Parental Leave etc. Regulations 1999. We then discuss statutory parental leave in the UK further, and the steps to take if an individual’s employment rights are breached.

If you believe your employer hasn’t adhered to your parental leave rights, contact Redmans Solicitors without delay. As sector specialists, we can assess your case, provide answers, and discuss your possible options. Should you have an eligible claim, we can also guide you through each stage of the legal process.

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The Facts in Mrs Sylwia Gwiazda v Royal Mail Group Limited

A Simple Request for Unpaid Parental Leave Becomes a Prolonged Dispute

Mrs Sylwia Gwiazda (“the Claimant”) began working for Royal Mail Group Limited (“the Respondent”) on 19 June 2006, undertaking postal deliveries. In January 2024, she had an informal chat with her line manager, Mr Tanveer, requesting unpaid parental leave in August. She already had two weeks of annual leave booked but wished to extend it by a further two weeks.

Initially, Mr Tanveer didn’t provide a response. After some reminders, however, he rejected the Claimant’s request. At that time, he explained that her absence would affect service delivery because several other colleagues were also away.

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Consequently, on 19 February, the Claimant formally requested 2 weeks’ parental leave from 5 to 18 August 2024. When she received no response, she followed up on her request on 6 March. Mr Tanveer responded two days later, but didn’t provide an outcome. Instead, he stated that accepting her request would place her unit “over the agreed annual leave ceiling for that period.”

Eventually, Mr Tanveer provided an outcome on 28 March. This wasn’t the response the Claimant was hoping for, though, as he again refused her request, offering various alternative dates. The pair then went back and forth, with the Claimant explaining the reasoning behind her request, and Mr Tanveer maintaining his stance but offering further alternatives.

The Breakdown in Trust and Road to the Tribunal

With no agreement on the horizon, the Claimant raised a grievance, which led to a grievance meeting on 11 June. However, this was dismissed in writing later that month, as was her subsequent appeal. While the Respondent acknowledged the delay in handling her request for unpaid parental leave, it held that its reasoning for rejecting it was sound.

Following negotiations with her colleagues, the Claimant managed to extend her leave by a week, giving her more time to spend with her relatives in Poland. Unfortunately, before making her parental leave request, she had been dealing with mental health symptoms, which were worsened by this ordeal. As a result, when she returned to the UK, she had a period of sick leave between 3 September and 12 December. She subsequently initiated employment tribunal proceedings, claiming that the Respondent had unlawfully handled her parental leave request.

The Employment Tribunal’s Judgment

Following the proceedings, the employment tribunal looked at how the Respondent had handled the Claimant’s request for unpaid parental leave. While it acknowledged that the Respondent likely had “cogent” grounds for denying her request—in that accepting it would genuinely impact its service delivery—it unlawfully delayed its response.

Under the Maternity and Parental Leave etc. Regulations 1999, employers must provide a counternotice to a request for parental leave within seven days. However, following the Claimant’s request, it took the Respondent 38 days to offer alternative dates. This breached her parental rights and led to a £3,700.77 award, comprising financial losses and injury to feelings.

Parental Rights: Can Unpaid Parental Leave be Refused?

Statutory unpaid parental leave is a long-established right under the Maternity and Parental Leave etc. Regulations 1999. It allows eligible employees to take up to 18 weeks of unpaid time off per child to care for them, and although it’s unpaid, it remains a valuable entitlement.

To qualify, individuals must be legally classified as an employee, have worked at their company for more than a year, be named on the child’s birth or adoption certificate or have parental responsibility, and the child must be under the age of 18. They must also provide satisfactory notice, and, unless agreed previously with their employer, can only take up to four weeks per year, taken in blocks of one week or more.

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Notably, while employers cannot outright refuse a request for parental leave, they can postpone it in limited circumstances. This may be the case if an employee’s absence would cause “undue disruption,” like if several colleagues are already absent.

That being said, any postponement must meet strict legal requirements. For starters, the employer must issue a written counternotice within seven days of the employee’s request, explaining the reason for postponement. It must also propose alternative dates within six months of the original request period and cannot alter the amount of leave being requested.

Should an employer fail to adhere to these requirements, it risks legal liability and claims through the employment tribunal. This was the case above, when the Respondent’s delay in addressing the Claimant’s request breached her parental leave rights.

What to Do If Your Unpaid Parental Leave Rights Are Breached

If an individual believes their rights concerning statutory parental leave in the UK have been breached, they must act swiftly. This is because, while a claim is typically a last resort, strict time limits apply for bringing one.

In the first instance, it’s often advised to consider internal dispute resolution avenues. This could include having an informal chat with one’s manager or raising a formal grievance through an employer’s established policy. Whatever the case, by taking these steps, individuals can avoid the need for bringing a claim, along with the stress and costs that come with it.

If a resolution cannot be found, though, the next step is usually to pursue Acas early conciliation. This free and independent process is required before most employment tribunal claims can be brought and offers another chance to resolve the matter informally. Individuals are advised to initiate this while pursuing internal avenues, as doing so stops the clock on bringing a claim.

If all else fails, the final step is to take one’s case to the employment tribunal. To proceed, strict eligibility criteria and time limits must be met. But if the claim succeeds, the tribunal may award remedies, including compensation.

Get Help with Redmans

If your employer has unlawfully managed your unpaid parental leave request, contact us today. Redmans Solicitors are employment experts, and following a brief chat, we can assess your case and discuss how you could proceed. We can also evaluate your eligibility to bring a claim and guide those eligible to an optimal outcome.

To begin your journey with us now, simply:

• Phone us on 020 3397 3603
• Complete our online form to request a consultation