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Month: March 2025

New family friendly leave – Neonatal care leave and pay

Posted on by Britt Thompson

From 6 April 2025, parents will have the right to up to 12 weeks’ leave and pay if their baby requires neonatal care. This is designed to assist parents whose babies are receiving medical care, without using up the parents’ entitlement to maternity, paternity or shared parental leave. This is especially important for fathers and partners who may have previously exhausted their right to leave where their baby is required to receive neonatal care for a prolonged period.

Whilst the aim is to improve employee well-being and reduce sickness absence and poor performance related to the trauma of having a child in neonatal care this type of leave attempts to fit around the family friendly rights already in existence (e.g. maternity/paternity/adoption leave) and certain aspects of this new leave may cause some confusion.

We outline the details of this new type of family friendly leave, commonly referred to as ‘NCL’, below.

What is neonatal care?

For the purposes of the legislation, neonatal care is defined as any of the following:

  • Medical care received in a hospital
  • Medical care received in any other place following discharge from the hospital where the child remains under consultant care and the care includes ongoing monitoring and visits from healthcare professionals
  • Palliative or end of life care

For the employee to be eligible the neonatal care must take place or have begun within 28 days of birth and must continue for a period of at least 7 days. It is important to note that the 7 day period begins on the day following the day on which the neonatal care started.

Who is eligible for NCL?

Employees are eligible to take NCL from day one of their employment – there is no qualifying period that the employee must work to be entitled to this leave. However, an employee must have been employed for a period of 26 weeks to be entitled to Statutory Neonatal Care Pay (SNCP), see below.

The right to take NCL only applies to parents (or intended parents) of babies who are born on or after 6 April 2025. The employee must be:

  • the baby’s parent
  • the baby’s intended parent (relevant to surrogacy)
  • the partner of the baby’s mother (who is unrelated to the baby’s mother and is living with them in an enduring family relationship)
  • the baby’s adopter or prospective adopter (or partner of the same)

and

  • have or expect to have responsibility for the upbringing of the child.

In the sad circumstances where the child dies the requirements are modified so that the employee is no longer required to be taking leave to care for the child. This preserves the entitlement to accrued NCL upon the death of the child. At this point the employee may also be entitled to parental bereavement leave and pay.

How much leave is the employee entitled to?

An employee is entitled to take one week of NCL in respect of each week that the baby receives uninterrupted neonatal care. This is capped at a maximum of 12 weeks of leave.

In the case of twins or multiple births, neonatal care leave cannot be claimed in relation to babies who are receiving treatment at the same time. For example, where twins are in neonatal care for the same 3 week period, the parents would only be entitled to 3 weeks of NCL.

When can NCL be taken?

NCL may be taken from the day after the first qualifying period (7 days starting the day after the neonatal care starts). This means the employee can only take neonatal care leave on day nine of the child receiving neonatal care.

NCL has been implemented to provide flexibility for a variety of situations, but this does result in some complexities for employers. NCL must be taken within 68 weeks of the baby’s birth, with the basic principle being that this leave would be added on to the end of the employee’s family leave entitlement (e.g. maternity or paternity leave).

The rules in relation to NCL differ depending on whether the employee is currently on family leave or whether that leave has ended. If the employee is already taking statutory family leave then the employee may add the period of NCL onto the end of that leave (for example, in the case of an employee on maternity leave, they would be unable to stop their period of maternity leave to take NCL as there is no right to maternity leave once it has been ended).

It is however, possible that a father who has given notice to take paternity leave may wish to take NCL prior to when their paternity leave is due to begin and that the NCL then extends to and beyond the date upon which paternity leave was due to start.

To deal with the different scenarios in which a parent might wish to take NCL the legislation categorises periods of NCL as ‘tier 1’ or ‘tier 2’ periods. A tier 1 period is when NCL is taken whilst a baby is receiving neonatal care, and all other leave is classed as tier 2. Tier 1 leave can be taken in non-continuous blocks of a minimum of 1 week. In contrast, NCL classified as tier 2 must be taken in a continuous block. Therefore, if a father begins NCL which is interrupted by paternity leave and neonatal care ends during that paternity leave the father is then only entitled to take tier 2 NCL in a continuous block and they must give notice prior to taking the further NCL.

Notifying the employer

As is normal when taking parental leave, the employee must notify their employer. They must provide certain information such as their name, the child’s date of birth, the date(s) that the child started to receive neonatal care and, if the child is no longer receiving that care, the date on which it ended.

The employee must also state the date on which they want the NCL to begin (the length of the required notice period will differ depending on when the leave is being taken, for example where notice is given whilst a child is receiving neonatal care the notice required is minimal and does not need to be in writing).

The employer and employee may agree to waive the notice requirements.

Rights during and upon returning from NCL

The employee’s rights during and upon returning from NCL are similar to the rights that employee’s have whilst on other types of family leave. For example, employees have the right to the same terms and conditions of employment (except for pay) whilst on NCL.

Where an employee has been on NCL for a period of 6 continuous weeks they will also benefit from enhanced redundancy protection rights which covers the period from the day after the employee has taken 6 weeks of leave and ending when the child is 18 months old.

Statutory Neonatal care pay

Where an employee meets the requirements for statutory maternity/paternity/adoption pay it is likely they will also qualify for statutory neonatal care pay (SNCP).

An employee is entitled to SNCP for every period of 7 days that the child is in receipt of neonatal care without interruption. The maximum number of weeks pay is 12.

The main difference between the entitlement to NCL and SNCP is that, to receive SNCP the employee must have been employed for a continuous period of 26 weeks ending with the relevant week, which is linked to the expected week of childbirth.

Employer takeaways

This legislation will apply from 6 April 2025 so there is now less than a month to make sure that relevant policies are in place and that staff are trained on this new type of family friendly leave. In particular, the varying notice requirements (which depend on whether the child is currently receiving neonatal care) may cause some confusion.

As NCL is paid (and the entitlement to statutory maternity pay ends at 39) employers may see employees on maternity leave choosing to end their maternity leave at 39 weeks and then move on to NCL which has the potential to provide a further 12 weeks of paid leave.

Employers considering redundancies will need to make sure to include any employees who have taken over 6 weeks of NCL when considering those entitled to priority status and to note that this protection continues until the child in relation to which the NCL was taken is 18 months old. Employers may, therefore, want to consider keeping a record of those employees who are on this type of leave (and other types of parental leave if they do not already do so).

Where an employee’s child is receiving neonatal care, this may negatively impact that employee’s mental health, performance and levels of sickness absence. Employers should be mindful of this when managing employees who have been affected by the traumatic experience of having a child in neonatal care.

We appreciate that there are now a number of different types of family friendly leave and that the ways in which these types of leave interact may cause some confusion, especially in relation to notice requirements. Our employment team are adept at drafting family friendly policies and advising in relation to rights to family friendly leave and pay.

If you would like advice or need further guidance, please contact Hannah Funnell on 020 3814 2020 or email enquiries@blasermills.co.uk.

Benefits of Non-Court Dispute Resolution (NCDR) over court proceedings

Posted on by Britt Thompson

The 2024 changes to the Family Procedure Rules (FDR) mean clients are now encouraged to explore alternative dispute resolution methods, with family law practitioners providing guidance on the best options available. Mediation, arbitration, private FDRs, and collaborative law provide quicker, more affordable, and less confrontational ways to resolve disputes without going to court.

Cost-effectiveness

Going to court can be costly, with legal fees adding up over time. Filing documents, attending hearings, and hiring experts all increase expenses. In contrast, NCDR options are usually faster and more affordable. Private FDRs, for example, offer an early case review at a much lower cost than a full court trial.

To encourage mediation, the Family Mediation Voucher Scheme has been extended until 2026, offering up to £500 per case for children-related disputes. This financial support aims to make mediation more accessible and reduce court reliance.

Speed and efficiency

The court system remains under strain, causing long delays in financial and children-related cases. NCDR offers much faster solutions. Mediation can happen within weeks, while arbitration and private FDRs let people set their own hearing dates instead of waiting for a court slot. In financial cases, avoiding delays can help prevent unnecessary stress and hardship.

Greater control and flexibility

NCDR gives people more control over their outcomes instead of leaving the decision to a judge. Mediation and collaborative law help create solutions that fit their needs, while arbitration lets them choose an expert to decide their case. In court, decisions follow strict rules, leaving little room for flexibility.

Reduced emotional strain

Going to court can feel like a battle, often making conflicts worse instead of solving them, especially when children are involved. Mediation and collaborative law help people communicate better, keeping relationships intact and reducing stress. Plus, NCDR takes place in a more relaxed setting, making it far less intimidating than a courtroom.

While NCDR offers many benefits, legal advice remains essential. Mediators and arbitrators do not provide legal representation, so parties should obtain independent legal advice to understand their rights and obligations. A solicitors can ensure that settlements are fair, legally sound, and enforceable if necessary.

Confidentiality and privacy

With increasing court transparency, many clients value the confidentiality of NCDR. Arbitration and mediation allow disputes to be resolved privately, without personal matters becoming public.

NCDR offers significant advantages over court proceedings, including lower costs, faster resolutions, greater flexibility, and reduced emotional strain. With the Family Mediation Voucher Scheme extended to 2026 and new court rules encouraging engagement with NCDR, it is more important than ever for family law practitioners to guide clients towards these alternatives while ensuring they receive appropriate legal advice.

To speak to our family and divorce team about exploring NCDR or mediation please get in touch with Naim Qureshi on 01494 781356 or email naim.qureshi@blasermills.co.uk.

Celebrating women in law

Posted on by Britt Thompson

International Women’s Day (IWD) is a time to celebrate the achievements of women across all industries, including law. The first International Women’s Day was held in March 1911, at a time when women were still barred from qualifying as lawyers. Women were not permitted to enter the legal profession until the enactment of the Sex Disqualification (Removal) Act 1919. Over a century later, women have made significant progress in law, yet barriers to access and career progression remain.

At Blaser Mills, we are committed to fostering an inclusive workplace where diverse talent is valued and supported.

The importance of intersectionality in law

Intersectionality refers to the way different aspects of a person’s identity such as gender, ethnicity, sexual orientation, and socio-economic background—interact and create unique experiences. Recognising this is essential for building a truly inclusive legal profession.

Women in law face challenges, but these are often heightened for those from ethnic minority backgrounds, state school educations, or non-traditional career paths. As a newly qualified solicitor who was the first in my family to attend a university (non-Russell Group), educated in a state school, and from an ethnic minority and working-class background, I understand how multiple factors can shape career progression.

#AccelerateAction

This IWD, with the theme #AccelerateAction, is a reminder that while progress has been made, more must be done to ensure true equality in the legal profession. By mentoring, supporting, and championing women in law, we can continue breaking down barriers for future generations.

Mentoring the next generation

As an alumnus of City, University of London, I am currently mentoring a law student from my former university through the EmpowHER programme, which supports aspiring female lawyers. Giving back to the next generation is important to me, and I am passionate about helping women, especially those from underrepresented backgrounds like me, navigate the challenges of entering the legal profession.

Our commitment to diversity and inclusion

At Blaser Mills, we do not just talk about diversity—we live it. By focusing on hiring great people regardless of background, we have cultivated a firm full of talented individuals, each bringing unique perspectives to the business.

Our diversity initiatives include:

  • Gender Equality: 50% of our partners are female.
  • Work-Life Balance: Over 25% of our team work part-time or have flexible arrangements.
  • Inclusion Forum: We have our own employee-led Inclusion Forum, where the members of the Forum engage in discussions and initiatives aimed at raising awareness, improving policies, and fostering a workplace where everyone feels valued.

As we look to the future, our focus remains on accelerating positive change. This means continuing to support the next generation of legal professionals through mentorship, advancing policies that promote equality, and ensuring that diverse voices are represented and heard in every aspect of our work.

On this International Women’s Day, let us reaffirm our commitment to driving change within the legal profession.

Happy International Women’s Day!

Blaser Mills partners with Acquisition Masters

Posted on by Britt Thompson

Blaser Mills are delighted to partner with Acquisition Masters, a rapidly growing community of UK business owners focused on scaling through acquisitions.

The new partnership will see our Corporate M&A team support members with demystifying the acquisition process and helping to navigate through complex M&A issues, with the view to helping members to achieve their commercial goals.

Oksana Howard, Head of Corporate, has recently presented at their London event in January on key aspects to consider when buying a business in the UK. This included an overview of acquisition structures (highlighting key differences between asset and share purchases), tax considerations and an outline of the acquisition process.

If you are an ambitious business owner looking for growth opportunities, please get in touch with Clive Margetts at team@acquisitionmasters.co.uk or Oksana at corporate@blasermills.co.uk.