MNHQ here. Sign in for FREE legal advice about pregnancy, maternity or parental issues at work from Maternity Action and the Employment Lawyers Association

[RowanMumsnet]

Hello

Mumsnet, Maternity Action and the Employment Lawyers Association are teaming up to provide a free online legal clinic all week this week, offering advice from specialist employment solicitors and barristers on pregnancy, maternity and parental rights at work.

Maternity Action reports huge demand for its advice line, especially topics such as redundancy during maternity leave, return to work, maternity pay and rights during pregnancy. On Mumsnet, the topic of employment rights is a hardy perennial.

So we thought we’d try this out to see if we can help make good, free advice available to all.

The clinic will take place on this thread. If you’re dealing with a work situation and you want to be sure of your pregnancy, maternity and/or parental rights, post an outline of your dilemma here. You don’t need to include identifying details: a specialist solicitor or barrister will follow up with you via PM if they need to know more.

You will also be asked by one of the volunteers, via PM, to disclose your name and the name of your employer so that possible conflicts of interest can be ruled out. Because PMs are critical to how this works, please don’t change your username within this thread, as it will make it difficult for the volunteers to be sure they’re exchanging personal messages with the right person. (Of course, if you want to change your username before posting your problem, that’s fine.)

Personal information collected via personal message for the clinic will be held by Maternity Action and will be deleted after 18 months. Private messages are stored on Mumsnet until the user deletes them.

Answers and advice from the specialists will be posted up on this thread. The clinic will run for a week; we will do our best to provide all answers during the week but, at the latest, by the end of the following week. You can find information on where to go for more help once the clinic has ended here.

Finally (!) - for anyone who takes part - we’d love it if you could fill in Maternity Action’s feedback survey once the clinic has finished, so that we can find out how effective this has been for you.

Important: The advice provided to an individual poster is based only on the information provided by that poster. Advice on this thread is also particular to the individual who has asked for it and is likely to be specific to that person’s situation. A poster may have provided further relevant information by private message which will not appear on this thread. So please take care if you choose to apply that advice to your own situation - it is recommended that you first take legal advice from one of the sources we have recommended here.

The lawyers, all of whom are specialists in employment law, will be working as volunteers for Maternity Action in respect of the clinic. (You can read more about how this works, and the complaints procedure, here.)

Mumsnet, Maternity Action, Maternity Action's volunteers and the Employment Lawyers Association accept no liability for any loss suffered as a result of an individual choosing to follow advice provided to another poster's question on the thread. If you wish to make a complaint about the service you received, you can use Maternity Action’s complaints policy here.

So, please feel free to get posting with your dilemmas and questions for the lawyers. (Any non-legal questions about how this will work, please feel free to post those too.)

Thanks
MNHQ

@Wanderer1

My job is on a new open ended contract (I am not sure of the implications of this when it comes to leave entitlements) and my duties are such that I would not be able to, or allowed to, continue with them once I was pregnant (planing to TTC in the new year). What effect is this likely to have on my entitlement to paid maternity pay and could they force me to start my leave period as soon as I concieved since I would not be able to do my normal job?

Dear Wanderer1
As you have confirmed that you are an employee on a permanent contract you have the same legal rights as all employees. You are entitled to take up to 52 weeks' maternity leave, with the right to return to the same job and you can get Statutory Maternity Pay (SMP) if you meet the normal qualifying conditions. The earliest that maternity leave and pay can start is the 11th week before your expected week of childbirth. It is up to you to decide when you wish to start your maternity leave and you should give notice of the date by the 15th week before your baby is due. Your employer can only start your maternity leave and pay automatically if you are off sick for a pregnancy-related reason, e.g. pregnancy-related sick leave, in the last four weeks before your expected week of childbirth.

If you have concerns about continuing your work for health and safety reasons during your pregnancy, you must notify your employer of your pregnancy in writing and ask them to look at what reasonable adjustments can be made to ensure you are not at risk. Your employer should have conducted a workplace risk assessment, including any risks to pregnant women. They are obliged by law to make reasonable changes to your hours and conditions of work to avoid any health and safety risks. If that doesn't remove the risks they should offer you suitable alternative work. If there is no suitable alternative work you are entitled to be suspended on full pay for as long as you are unable to do your job on health and safety grounds. If that happens your employer can trigger your maternity leave and pay by the 4th week before your expected week of childbirth.

Your employer is not allowed to terminate your job because of your pregnancy and should take the steps above. It is up to you to decide when you feel ready to tell your employer about your pregnancy but obviously you will need to notify them in order to deal with any health and safety concerns. As long as you are still employed in the 15th week before your baby is due and your average earnings are at least £116 pw in the previous two months, you will qualify for SMP. You should also check your employer's policies to see if they offer any enhanced maternity pay. I hope that helps.

@katek82

Hello, I am currently on maternity leave. I have decided to take the full 52 weeks' allowance and the latest date I can return to work is 21 Jan 2019. I have accrued 31 days of holiday for 2018 (my annual leave entitlement runs Jan-Dec). My question is this: Can I tag my 2018 unused annual leave entitlement onto the end of my maternity leave - ie on paper return on 21st Jan, but then take 31 days of annual leave and return to work in March? Many thanks

Dear katek82
You should book annual leave with your employer following the normal process for agreeing annual leave at your workplace. You should be allowed to choose when you take annual leave in the same way as your colleagues but you need to bear in mind that employers can refuse holiday at certain busy periods or if everyone is going to be off work at the same time for instance.
You should usually take annual leave within the leave year but check your employer's policy on carrying forward annual leave. If you have not been able to take your holiday because of maternity leave, your employer must allow you to carry forward up to 20 days of annual leave. Any extra will need to be by agreement with your employer. Alternatively, in order to use up some leave in this leave year i.e.before the end of Dec 2018, you would usually need to give your employer at least 8 weeks notice to end your maternity leave early (before the end of the 52 week period) and book your annual leave immediately afterwards. However, you will only be able to do this if your employer is willing to accept less than 8 weeks' notice to end your maternity leave. I hope that helps you plan the end of your maternity leave.

@Carmen99

I'm on maternity leave. Am I allowed to do some private work whilst I'm on maternity leave? My employers know this is my intention and haven't raised any objections but someone has recently told me I shouldn't be doing this. Are they right?

Thanks

Dear Carmen99
If you are on maternity leave and receiving Statutory Maternity Pay (SMP) you can do self-employed work during that period and it will not affect your maternity leave or pay either before or after the birth. This means work for which you are registered as self-employed and paying Class 2 NICs and your own tax.

The rules are different for employed work. Employed work means work for an employer who will pay you through their payroll with tax and Class 1 NICs deducted at source. Before the birth of your baby you can take on new employed work and still receive your SMP. After the birth of your baby, if you start work for a new employer who did not employ you in the 15th week before your baby was due, you cannot continue to receive your SMP from your current employer and you must tell them when you start this new work so that they stop paying your SMP. If you were employed by the new employer (the private work) in the 15th week before your baby was due you can continue to do some work for them after the birth of your baby and remain on maternity leave and SMP in your main job. Sorry that was a long answer to a short question!

@Firsttimer16

Hi there, great idea! I have a pension question. During my year of mat leave (2017) I noticed recently that I hardly had any contributions into my pension account. A bit of research leads me to believe that my company should’ve continued to pay the % they usually pay based on my salary pre-mat leave (for the 39 weeks I was on SMP). Is this correct? Accounts tell me they didn’t put in any contributions during that year but I think they should’ve been paying as normal, but my contributions would have reduced as it would just be a % on a much smaller income?

Dear Firsttimer16
Yes, you are correct, your employer's pension contributions should be based on your normal pay (not maternity pay levels) and should continue during your 39 week maternity pay period. Your contributions should have been based on your actual maternity pay during that period so would be lower for that period. It would be a good idea to ask your employer to confirm the contributions they paid so you can talk to them about it if necessary.

Hello,

My question is, as far as I’m aware, an employer can make you start your maternity leave early if you are off ill in your last month of pregnancy.

Say I had my 40 week due date but I had a planned section booked for 39 weeks. Would the week they could make me start maternity leave be at 35 or 36 weeks as my full term due date would be 40 weeks but I’d actually be having a baby at 39 weeks prearranged?

Assuming it’s they can make maternity leave start from the earlier date given a csection is booked I imagine the due date would somehow be changed on paperwork to allow this to happen? If the initial due date given to employer was 40 weeks and this is then changed with section to 39 weeks I assume I am responsible for telling employer of this change of date?

I hope that all makes sense!

Thank you

Please help. My work place have suspended my SMP because my NMC registration lapsed whilst on maternity leave I was a registered nurse. Are they allowed to do this and can I reclaim the money back? Who do I contact?
Thanks

Hopefully a quick one.

I am currently on 8 months of maternity leave and going back full time in March to the same role. The subject of keeping in touch days hasn't arisen, am I obligated to do a kit day if I don't want to?

@Reastiepeace

Hello,

My question is, as far as I’m aware, an employer can make you start your maternity leave early if you are off ill in your last month of pregnancy.

Say I had my 40 week due date but I had a planned section booked for 39 weeks. Would the week they could make me start maternity leave be at 35 or 36 weeks as my full term due date would be 40 weeks but I’d actually be having a baby at 39 weeks prearranged?

Assuming it’s they can make maternity leave start from the earlier date given a csection is booked I imagine the due date would somehow be changed on paperwork to allow this to happen? If the initial due date given to employer was 40 weeks and this is then changed with section to 39 weeks I assume I am responsible for telling employer of this change of date?

I hope that all makes sense!

Thank you

Dear Restiepeace
Your employer can only start your maternity leave in the four weeks before your expected week of childbirth if you are absent from work for a pregnancy-related reason e.g. pregnancy related illness. Your expected week of childbirth is worked out from the date your midwife put on your MATB1 maternity certificate and that will not change if you now have an earlier pre-booked c-section. Your employer can still only use the expected week of childbirth on your MATB1 maternity certificate and can only start your leave automatically if you are off work for a pregnancy related reason. Otherwise it is up to you to decide when you want to start your leave and you must give your employer notice of that date, along with your MATB1 maternity certificate, by the 15th week before your baby is due or as soon as possible if you have not yet given notice.

Hi,

I really need some urgent advice. My partner works as a software consultant and it is in his contract that he can be moved to where ever in the country. His work are aware that I am 33 weeks pregnant and also that I have just come out of hospital with respiratory and cardiac issues.
They want to send him 8+ hours away from me until I am 39 weeks. The location they are sending him to is also very remote, the last train for example is at 3.30pm. He doesn't drive and even if they got him a taxi it's actually longer on the road than by rail.

Now we all know that baby's may come when they want and there is a good chance he could miss the birth if the baby does decide to come before the 39 week mark. Not only this but I have no family less than 2 hours away, I don't have my parents and his are an hour and half away. My other potential birth partner is in Portugal until 39 weeks as well (we all know she may risk missing it). Being I've only moved here a year ago I dont have any real close friends that can step in.

They took him out of his previous place of work earlier than he was told and now they want to send him purely to make a couple more grand before the end of the year. They will not lose any contract or suffer significant financial issues as a result of not sending him, they even told him it's purely to make as much money as possible before the end of the year.

From what I gather, their request although technically possible in his contract is highly unreasonable. He was also only given about two weeks notice of it being a possibility and if they confirm it tomorrow, they want him there next week.

Any advice would be appreciated.

Thanks

Hi there ! I just started a new full time position mid October. Unbeknownst to me at the time of interview end of August, I was 1 - 2 weeks pregnant. I am now in my 12th week. I really enjoy this job and do not want to loose it. I have a six month probation period. I understand I am not entitled to maternity pay and I plan no more than 3 months maternity leave as hubby will be taking the time off to care for baby. I don’t want to loose this job, can you advise me of my rights ? Thanks so much !

Hi I returned to work 3rd of September and I have been negotiating my return to work conditions since April and still haven’t reached an agreement on flexible working conditions. It took since months to receive the request for flexible working paperwork.
I work Monday - Friday. I am contracted to go out training 3 days a week and work from 2. I have asked that my working from home days be consistent for child care reasons. One has been granted and the other has been denied. I have appealed and pointed out that they have not followed protocol and now they have reset to process and called me to a meeting to discuss my request (22nd November).

In the process so far I have experienced discriminatory or bullying comments;
“I’ve been told by your line manager to max you out on training” (week 1)
‘Tara can’t know what her working from home days are because she will have Goldie (my daughter) at home’
‘She isnt Intitled to any considerations unless she is breastfeeding’
‘I ( my lone manager) say no and Paul (CEO) says no but I’ll take it to a mangers meeting if you want, without being a dick about it’
I have asked for support with weathering an aggressive sales team who keep wanting to change my WFH day, this has been denied.
When I offered to work and be paid less to accomdate; the one WFH day was threatened to be taken away by my line manager.

For these reasons I am sceptical that they can ‘reset’ as I don’t valued or that I can trust them.

This is beginning to impact on my health and yet I am determined to see this through as they actually see themselves as above the law. And I know that lots of woman haven’t weathered these attitudes and worse before me for me to give up!

@Sophielily2017

Hi,

I work for the government and upon returning to work following maternity leave, had my flexible work agreement denied, being told, work the shift pattern I currently do, or apply for another job. In August this year, I received 1/5 of the bonus that all other employees received, with HR stating that it was because of my absense on maternity leave. The Staff Handbook of the company I work for states: “All pregnant employees are protected against less favourable treatment on the grounds of their pregnancy and will not be dismissed, made redundant or suffer a detriment of any kind for any reason connected with their pregnancy or childbirth or for taking paid or unpaid maternity leave.”
I have raised a formal grievance (4 weeks ago) to which they have not followed procedure and I have had no formal communication from them. I have been advised to take them to an Emploment Tribunal however I just can’t afford it. Any help would be appreciated.
Thanks.

Sorry to hear that you are having such a difficult time.

There are three issues to consider arising from your post:

1. Your flexible working arrangement.
2. Your bonus.
3. Your grievance.

It is my understanding that you made a flexible working request when you returned to work from maternity leave earlier this year. You have a right to make a request for flexible working and your employer is obliged to consider it. Unfortunately, your employer is not required to grant your flexible working request. It may be possible for you to complain that refusing the request amounts to indirect sex discrimination i.e if you can show that your employer in requiring you to work your shift pattern is or would be putting women at a particular disadvantage compared to men. That is something which could form part of your existing grievance if it has not been raised by you already.

Your employer is obliged to pay you a bonus in respect of any period of time before you went on maternity leave, during the two weeks’ compulsory maternity leave after you give birth and in respect of any period of time after you went on maternity leave. Unfortunately, you are not entitled to be paid a bonus in respect of the period of time when you were on maternity leave, because you are not entitled to be paid your normal pay during that time, only maternity pay (contractual or statutory). Therefore, it sounds as though your employer is correct in paying you 1/5th of the bonus because you were at work for 20% of the reporting year.

Your employer is obliged to deal with your grievance and I suggest that you chase for a response (or at least an indication of when you can expect a response). In addition, you can make contact with ACAS to register for early conciliation, even if you do not intend to bring an ET claim, because ACAS can contact your employer on your behalf and see if they are willing to conciliate the dispute. You should be aware that in the event that you do decide to bring an ET claim, you must have made contact with ACAS within three months less a day of what you are complaining about or the last in the series of things you are complaining about. Please refer to the advice sources on Mumsnet for further information about this.

Good luck.

@nattergal

I’m an assistant at a very large international Partner led firm. I have been told I cannot go part time on my return to work after maternity leave as the Partners don’t like it. They have not been willing to consider options such as job shares etc and the only flexibility they can give is to work from home one day a week. Can they legally do this? I can’t go back full time so will need to leave and try to find a new job.

I am not sure if you have put in a formal application for flexible working under the statutory procedure but if not, you should do so. Check your employee handbook, which will set out the procedure to be followed. Your employer then has to comply with the statutory process in dealing with your application. There are 8 specified grounds on which an employer can refuse a request for flexible working, including an inability to reaorganise work and a detrimental impact on the ability to meet customer demand (you can access these on the government website - link below). If the reasons for refusal do not come within one of these grounds, you will have a claim for breach of the statutory procedure. More valuably, you may also have a claim for indirect sex discrimination, if you can show that more women than men are disadvantaged by a requirement to work full time.

If you have not already instituted the statutory procedure, I advise doing this as a next step, as this will force your employer to explain the reasons for refusal and you can then question the legitimacy of these.

Useful information on your rights can also be found on Gov. uk

www.gov.uk/flexible-working

@plantingandpotting

A colleague who recently left for ML told me in passing that she was surprised that all of her pregnancy-related sick days were deducted from her ML.

I'm now 11 weeks pregnant and avoiding taking any sick days, purely because of this. Once I've officially told HR about the pregnancy, I'll feel more comfortable about calling and questioning the policies, but for now does this sound like common practice? I work for a company who are otherwise very good about paid sick leave.

Thanks

Dear plantingandpotting

Thank you for your question.

Taking sick leave prior to your maternity leave starting does not reduce the amount of statutory maternity leave to which you are entitled and if your employer purported to do this, it would be unlawful. It is also worth noting that during the period from the beginning of your pregnancy to the end of statutory maternity leave (or when you return to work if earlier), you are protected by law from being treated unfavourably as a result of a pregnancy related illness. Any claim in relation to this would require to be raised within three months (less one day) of the date of the unfavourable treatment and you would need to have triggered early Acas conciliation and have an early conciliation certificate before being able to raise a claim.

It is the case that in the event you were to be absent from work "wholly or partly because of pregnancy" after the beginning of the fourth week before the expected week of childbirth, for example because you were unwell for a pregnancy related reason, by law your statutory maternity leave would start automatically. Your total amount of statutory maternity leave would not be reduced in this situation but it would start earlier than you had planned. Otherwise if you’re a ill for a pregnancy related reason prior to maternity leave, this should be treated as normal sick leave by your employer.

Given this comment was made to you offhand by a colleague, I would suggest when you speak to HR about your pregnancy you clarify that any sick leave you take prior to your maternity leave will not impact upon the amount of statutory maternity leave you can take as it would be surprising for your employer to have such a policy when it is clearly unlawful.

Please note all of the above is based upon your rights under law as opposed to any contractual maternity leave or pay policy which is more generous than your statutory entitlements. I cannot comment on any contractual policies.

@iniquity

Please help. My work place have suspended my SMP because my NMC registration lapsed whilst on maternity leave I was a registered nurse. Are they allowed to do this and can I reclaim the money back? Who do I contact? Thanks

Dear iniquity
Once you have met the qualifying conditions for SMP (which you clearly did as you started to receive it), you are entitled to receive SMP for the full 39 weeks unless you start work for a new employer (who did not employ you in the 15th week before your baby was due) or a number of other exceptions which do not apply here. Even if your job ends during your SMP period, for example, you are made redundant, you are still entitled to receive it for the remaining 39 weeks.
You can contact the HMRC Statutory Payments Disputes Team for a formal decision about your entitlement to SMP on 0300 0560 630. They can order your employer to pay any outstanding SMP or will provide payment directly. It can take awhile to get through by phone so please keep trying.

@theycallmebabydriver

Hopefully a quick one.

I am currently on 8 months of maternity leave and going back full time in March to the same role. The subject of keeping in touch days hasn't arisen, am I obligated to do a kit day if I don't want to?

Dear theycallmebabydriver
Keeping in touch days are optional so your employer does not have to offer any and, if they do offer, you don't have to work during your maternity leave if you don't want to. It is simply to allow employees to do up to ten days at work during the maternity leave period without bringing it to an end if both parties agree to it.

If your employer does offer any days, make sure you agree what you will be paid and whether it will be on top of your maternity pay or set off against it.

@Zapho

Hello. I'm a teacher. I began working at my school part time in late Feb 2018 as a temporary employee, but was also employed to start as a permanent (part time) teacher in sept 2018. I wasn't given a contract, instead just a letter to say I was employed Feb to July 22nd (end of term). My contract begins 1st sept 2018 and states that this is the date my statutory rights are calculated from. I have no contract to cover Feb-July.

I'm pregnant, due in Early Feb. I believe I am entitled to statutory maternity leave given that I have worked there since Feb 2018. I am worried the school may try to argue I am not, and that I am only eligible from Sept 2018 onwards. My contract refers to the burgundy book for maternity rights.

Any advice very welcome.

Dear Zapho
If you received confirmation before 22nd July 2018 that you were to be employed on a permanent basis from 1st September 2018 you would have an argument for saying that the period between 22nd July and 1st September was a temporary cessation of work and that you had continuity of employment throughout. You will need to discuss this further with your employer because you will need sufficient continuity of employment in order to qualify for SMP and any rights to occupational maternity pay (OMP) which will top up your SMP to higher levels under the Burgundy Book.

As your expected week of childbirth is 3 - 9 Feb. 2019, your qualifying week for SMP is the week ending 27 Oct 2018. You need to have been continuously employed by your employer from 5th May 2018 up to your qualifying week. So, it is important to be able to show that your contract continued during that period. You also need to have average earnings of at least £116pw in the two months prior to the 27th Oct. 2018. Depending on when you are paid each month, this is likely to be your gross earnings in September/October or August/September. If it includes your August earnings I suspect that your average earnings will be a lot lower but as long as the average is above £116 pw you can get SMP. You need to give your employer notice of the date you want to start your maternity leave by 27th October and ask them to work out your entitlement to SMP and whether you qualify for OMP. You should also give them your MATB1 maternity certificate.

If you don't qualify for SMP, you can claim Maternity Allowance from the JobCentre Plus and you will definitely qualify for it as you have met the qualifying conditions already: www.gov.uk/government/publications/maternity-allowance-claim-form

If your employer disputes your continuity of employment, you could ask HMRC to make a formal decision about your entitlement to SMP, by ringing the Statutory Payments Disputes Team on 0300 0560 630. If you are in a union you can get further advice on your employment rights.

As you work for an academy, you will need to check your contract or maternity policy to see which provisions of the Burgundy Book have been adopted. If the full provisions of the Burgundy Book have been incorporated into your contract you can qualify for full OMP if you have been employed for at least 1 year and 11 weeks by your expected week of childbirth by one or more local authorities. You may be able to show that you have sufficient qualifying employment if you worked for another maintained (Local Authority) school before Feb 2018.

@littlejalapeno

Hi hope you can help

I’m about to start ML next week and I'm concerned my manager is using it to not give me a title change and job description change that I have been requesting since April.

She returned from Mat leave herself in August, and the discussion between us has been ongoing since then. Prior to that I had been discussing it with her cover, who used it as an incentive to get me to do a lot of work beyond my job description, and an HR manager, who is now also on Maternity leave. The request seems to have fallen through the gaps and now I’m being told that they don’t usually update this kind of thing just as someone is going off on Mat leave.

I feel it’s unfair of them to say this when the conversation has been going on for so long and they’ve been dragging their feet about moving the conversation forward.

I know I should’ve applied more pressure earlier but I’ve been flat out working on the projects that were supposed to secure the title change and assumed they would make good on their word.

Please can you let me know if I have any legal recourse or options?

Thank you!

Dear littlejalapeno,

Thank you for your query. As a rule of thumb your entitlement as a maternity leaver is to return to the same job on the same terms and conditions you enjoyed before you left. Therefore if you haven't agreed the title change and job description before leaving, you will not be entitled to return to this role.

You don't say whether this is a promotion but if it is and the reason given not to promote you is that "they don’t usually update this kind of thing just as someone is going off on Mat leave" could suggest that they're treating you unfavourably because you are going on maternity leave which may be maternity discrimination. If it's not a promotion but you feel strongly about the change to your job title and job description because it more accurately reflects the job you're doing, this may be harder to challenge as cases tend to focus more on an employee being deprived of something: a pay cut, removal of elements of their role etc.

Either way, I would suggest raising it informally at first by asking for a meeting with your manager or by emailing your employer to see if you can encourage them to resolve it before you go on leave. As mentioned above, if it is not agreed now it could have an impact on the role that you return to after maternity leave. As a last resort you could raise a formal grievance but this is usually treated as a complaint and doesn't always help to resolve things constructively so I would think carefully before taking that step. There are suggestions on how to deal with disputes and where to get more help and advice if you're not able to resolve it: www.mumsnet.com/jobs/maternity-leave/online-legal-clinic

I'm currently pregnant and due in early February. For three days a week I am left in the office on my own for 1.5-2hrs due to others working hours. It has only recently been this frequent.

I do feel quite vulnerable should I fall ill for any reason and nobody knows about it. I know this is highly unlikely and not sure if I am being over anxious.

Is there a legal implication regarding lone working? If I was to raise this with them will I loose out on my full pay should they reduce my hours?

Thank you

I am 15 weeks pregnant and have been a full time permanent employee since 2012. I took maternity leave for my first child and returned to work in Nov 2017. Due to personal circumstances, I began working remotely for the UK company while still remaining as an employee. It was originally a short term arrangement but was extended for my personal reasons to end of 2018. And due to the UK company deciding there were taxation issues (not disclosed / shared with me) they asked that I sign a fixed term contract beginning 1 Sept 2019 and ending 31 Dec 2018 with Company X which is registered in the country I am currently working in. Company X is not legally part of the same corporate group as the U.K. organisation that I still remotely do all my work for. I did not receive any notice or sign anything to end my UK contract and I was only recently told (informally in email) that this was a "secondment" (my contract with Company X is called a fixed term employment contract, and there is no reference to secondment). I should add at no time have I received any communication to say if I am being placed under unpaid leave, sabbatical or other category in relation to my UK contract.

I have been told though that if I do not return to the UK 1 January 2019 that I will not have a role in my team since my boss expects my job to be normally done in country. I take this to mean that my permanent contract with the Uk company ends.

I want to understand what maternity leave rights I might have in the U.K. against my company given the lack of clarity with my situation? My due date is 29/4/2019, and the 15th week before due date for SMP purposes is 13/1/2019. Is there any other employment law issue I might need to be aware of outside of maternity rights?

Thank you for your help in answering my questions.

I am already on maternity leave, my first maternity pay will be the end of this month. I gave all my documentation in in July, but it was lost by HR and there were several delays, so my maternity leave wasn't confirmed until the day before I went on mat leave a week ago.

My employer hasn't confirmed my maternity pay eligibility yet for the occupational maternity pay package (I do meet the requirements, however, it's a fairly standard public sector OMP). They are saying that they will only be able to tell me the qualifying week and whether I am getting OMP, and that they cannot tell me my actual payment schedule. First they said this is due the GDPR, and when I questioned this they said this is because my maternity pay is "subject to change over the course of the maternity". I do not understand what this means. I really would prefer an actual payment schedule as I would find it difficult to interpret payslips otherwise. Where do I stand legally? Can they refuse to tell me my pay? I am worried about the "subject to change"!

@Viloski7

Hi

I’m on currently on maternity leave 4 months into it and I have been thinking of doing flexible working when I return.

I contacted my HR about this last week and they emailed me a form to fill out regarding the flexible working and advised me that I should complete the form late January of next year as it’s too early now.

The form is basically asking me to sell myself and why my employer should allow me to reduce my hours and what benefits/ benefits it would bring to the department if I did part time.

I would like your expert opinion if this is correct way to do it and what legal rights I have for them granting me part time and what can I do to get reduced hours. I usually work full time 40 hours a week.

Thank You

Dear Viloski7

Thank you for your query, you are required to make an application for flexible work if you want to ask for changes to your hours or days of work, such as going part-time. Your employer must consider your request reasonably and must give you a response within three months. This may be why your HR has advised you to complete the form in January but it is a good idea to allow plenty of time for your employer to consider your request.
In order to consider your request reasonably your employer would be expected to meet with you to discuss your request and allow you to appeal if your initial request is refused.

You have the right to ask for part-time work but your employer doesn't have to agree to it if they can show good business reasons. Employers can only refuse a request for one of the eight business reasons allowed by law such as detrimental effect on ability to meet customers demands or unable to reorganise work amongst existing staff. The ACAS booklet on flexible work gives more information: www.acas.org.uk/media/pdf/f/e/Code-of-Practice-on-handling-in-a-reasonable-manner-requests-to-work-flexibly.pdf

It is important to think carefully about the practical implications of your request and be prepared to deal with your employer's concerns. It may help to be clear about the days and hours you are asking for and consider what other flexible options might work for you and your employer. If your employer is reluctant to agree, maybe you can persuade them to consider a trial period. If your request is refused, you should get further advice and you may be able to get free help from the organisations listed here: www.mumsnet.com/jobs/maternity-leave/online-legal-clinic
I hope that helps and good luck!

Hello, my area went through a restructure whilst I was on mat leave. I managed a team but on return will find my team as peers, due to the restructure eliminating my level of management. It is also a role which is a transition support leading up to another restructure shortly after my return which will make the role no longer necessary. Any advice, please? Thank you

@Magurndy12

Hi,

I really need some urgent advice. My partner works as a software consultant and it is in his contract that he can be moved to where ever in the country. His work are aware that I am 33 weeks pregnant and also that I have just come out of hospital with respiratory and cardiac issues.
They want to send him 8+ hours away from me until I am 39 weeks. The location they are sending him to is also very remote, the last train for example is at 3.30pm. He doesn't drive and even if they got him a taxi it's actually longer on the road than by rail.

Now we all know that baby's may come when they want and there is a good chance he could miss the birth if the baby does decide to come before the 39 week mark. Not only this but I have no family less than 2 hours away, I don't have my parents and his are an hour and half away. My other potential birth partner is in Portugal until 39 weeks as well (we all know she may risk missing it). Being I've only moved here a year ago I dont have any real close friends that can step in.

They took him out of his previous place of work earlier than he was told and now they want to send him purely to make a couple more grand before the end of the year. They will not lose any contract or suffer significant financial issues as a result of not sending him, they even told him it's purely to make as much money as possible before the end of the year.

From what I gather, their request although technically possible in his contract is highly unreasonable. He was also only given about two weeks notice of it being a possibility and if they confirm it tomorrow, they want him there next week.

Any advice would be appreciated.

Thanks

Hello Magurndy12

I'm very sorry that you and your partner have found yourselves in this difficult situation.

First of all you have mentioned that your partner is a consultant. If your partner is not an employee but a self-employed consultant, he does not enjoy the protections which employees have under legislation. Unfortunately if he is self-employed, what the company can and cannot do and his rights are a matter purely for the contract. This also goes out with the scope of the advice I am able to provide as it is not employment advice. His contract should indicate whether or not he is an employee or self-employed.

I have outlined below the position if he is an employee (the below does not apply if he is self-employed).

An employee does have an obligation to follow reasonable instructions and you have mentioned that your partner has a clause in his contract which requires him to work anywhere. However, an employer's ability to rely upon these employee obligations is not unlimited. In every employment contract there is an implied term of mutual trust and confidence and this limits the extent to which an employer can enforce a clause in a contract which requires an employee to work at another location and the extent to which they can enforce the obligation on an employee to follow an instruction. Therefore, there may be an argument that requiring your partner to work in Barrow in the circumstances described, breaches this mutual term of trust and confidence. When this term is breached, it is a material breach of the employment contract.

One option when an employer materially breaches an employee's contract is for the employee to resign and claim constructive unfair dismissal. Resignation would need to take place without unreasonable delay and would have to be in response to the breach. Any claim for constructive unfair dismissal would require to be raised within three months' (less one day) of the effective date of the termination of employment and your partner would have had to trigger early ACAS conciliation and received an early conciliation certificate before being able to raise a claim. I am unable to comment on your partner's prospects of successfully arguing that the mutual term of trust and confidence has been breached or of his prospects of being successful in a constructive unfair dismissal claim. I also appreciate that given you are both expecting a baby, resigning and starting employment tribunal proceedings, will not be an attractive option and I am not suggesting that your partner should resign. Resignation is in almost all circumstances a last resort.

You have referred to the possibility of your partner taking unpaid leave which is of course an option (if his employer agreed) but again not an attractive one given the financial implications.

Aside from agreeing to go to Barrow, the only other option is for your partner to have a further meeting with his manager during which he explains again why it is in his view unreasonable for him to go to Barrow and the impact it is having on you and the fact it is impacting your health at a time when you of course need to be taking care of yourself and ask them to re-consider. If his manager will still not re-consider, he can indicate that he feels he has no choice but to refuse to go. He should explain that he still wishes to continue to work for them at a location closer to his home but for the reasons provided he cannot go to Barrow. I would suggest that in tandem with refusing to go he indicates that he is going to raise a formal grievance about the situation and that he does this.

The main risks with refusing to go are that (1) they take disciplinary action against him for refusing to follow an instruction; and/or (2) they immediately dismiss him. Provided he is an employee and has at least one year and 51 weeks' service (he would need this service to raise a constructive unfair dismissal claim too), if they were to dismiss him with immediate effect, he could raise an unfair dismissal claim. Any unfair dismissal claim would have to be raised within three months' (less one day) of the effective date of his dismissal and he would have had to trigger early ACAS conciliation and received an early conciliation certificate before being able to raise a claim. I am unable to comment on his prospects of being successful in an unfair dismissal claim. Disciplinary action could also result in dismissal but it could also result in a lesser sanction, such as a written warning or no sanction at all. Provided his employer followed a fair disciplinary process, he would have a full opportunity to present his case. Of course, it is impossible for me to know whether they would follow a fair procedure.

I hope your partner is able to resolve matters with the company. I'm afraid there is not an easy solution to prevent them from insisting he go.

Hi All,

So I started a new job this week and the day after discovered I was pregnant with our first child! After 8 years of TTC we were told that we would not get pregnant without IVF therefore this happening naturally was a complete shock. I am approximately 5 weeks pregnant and currently under a 6 month probation ( my job is with the local council) and now at a time where I should be thrilled I'm simply filled with dread that they will give me the heave ho. Has anyone been in this situation and can offer advice ? I have no intention of telling them until the 12 weeks have passed but that will still keep me firmly within my probationary period. Many thanks in advance :)