Research just published by the TUC has found that one in four new dads did not qualify for paternity pay for two main reasons.

The first is because they are self-employed and therefore not entitled to a paternity allowance unlike self-employed mothers, some of whom are eligible for maternity allowance.

The problem however, as the TUC points out, is that many of these fathers are not truly self-employed but are given that label by employers to deny their staff basic rights at work. According to the 2017/2018 Labour Force Survey, there were almost a million of these so-called self-employed workers who were fathers with a child under one.

The second reason that many fathers do not qualify for paternity pay is because they have not been in their current job long enough. According to the regulations governing entitlement to paternity pay, employees have to have at least six months’ service with their current employer by the 15th week before the baby is due.

In any event, as the TUC points out, many low-paid fathers would struggle to take the time off because statutory paternity pay is just £145.18 a week. This is less than half what someone earning the living wage would earn over a 40-hour week (£313.12).

Given that there are over 600,000 fathers in paid work with a child under one according to the 2017/2018 Labour Force Survey, the system is badly in need of an overhaul, particularly as fewer than 8 per cent of fathers are currently taking shared parental leave, according to the TUC.

It is therefore asking the government to give new fathers:

  1. The right to statutory paternity pay and shared parental pay for all workers (not just employees) from day one in the job.
  2. The right to paternity pay (as well as maternity pay and shared parental pay) that reaches at least living wage levels (£7.83 an hour).
  1. A paternity allowance for those fathers who are not eligible for statutory paternity pay, similar to the maternity allowance some self-employed mothers can claim.
  2. A simpler shared parental leave and pay system that offers greater flexibility, higher rates of shared parental pay and greater incentives for parents to share parental leave.

Gerard Airey of Thompsons Solicitors commented: “The TUC’s research is very interesting as it suggests that employer’s trying to avoid giving employment rights even stretches to paternity rights. It’s alarming that a million fathers are not getting paternity pay that they should be entitled. It is important that the government turns its attention to the issue of sham self-employed status, as the rights that are being put into place are not being distributed as intended.”

Visit the TUC website to read the study in full.