MNHQ here: post your pregnancy & maternity work questions here for FREE legal advice from Maternity Action

[SophiaCMumsnet]

Free online advice clinic 4th November - 7th November 2024 - OPEN NOW.

Mumsnet and Maternity Action are once again teaming up to provide an online legal clinic, offering free advice on pregnancy, maternity and parental rights at work from volunteer employment lawyers who are members of the Employment Law Association.

Whether you have a question about maternity leave, your request for flex work, your rights as a pregnant worker, or think you may be discriminated against by your employer because of being a parent, this is the place for you.

The clinic takes the form of a Q&A on this thread and will run from Monday 4th to Thursday 7th of November. The Maternity Action team will do their best to provide all answers during that time and at the latest by Friday. More information on where to go for more help once the clinic has ended is here. All past clinics are here.

How it works:

If you have a question about your rights at work during pregnancy, maternity or parental leave, post it here below before the 7th of November. Please give as much information as possible but remember that this is an online forum and can be viewed by the public – including your colleagues and employer. Please don’t name your employer publicly if you are likely to be taking action against them in future. You can use private message to disclose information to the volunteers that you’d rather not make public.

Please send your name and the name of your employer by private message to @MaternityActionfreeadvice so that it can be passed on to the volunteers to do a conflict of interest check. We cannot post a reply until you have sent this information by private message.

Once your advice has been posted online, you will have an opportunity to provide feedback. This helps us to find out whether you found the advice helpful, whether it helped you to resolve your situation at work and some information about you. All survey responses are anonymous and confidential. Providing feedback will help us to see what improvements can be made in developing this type of online free legal advice clinic. Fill out the survey here.

Ts and Cs – please read

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 suggested here.

Mumsnet, Maternity Action and Maternity Action's volunteers 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.

The lawyers, all of whom are specialists in employment law, will be working as volunteers for Maternity Action in respect of the clinic. Any personal information collected as a result of the clinic will be held by Maternity Action and will be deleted after 18 months. If you wish to make a complaint about the service you received, you can click here

Hi I would very much appreciate your help please as it relates to maternity and pregnancy discrimination at work. I work for a large UK business and have done so for over 10 years. I have recently returned from maternity leave and towards the end of it, I was informed that my role had been identified as a role redundant with no suitable alternative role available (I am also pregnant again) As it’s a big company both group and individual consultation occurred. I raised counter proposals but all were rejected during the GC process. I raised a grievance about concerns of discrimination but it was closed without investigation. I raised an appeal but they said it was not upheld as they don’t think they’ve done anything wrong. I feel highly stressed about this as i feel I’m being gaslit that my concerns are invalid. Please can you advise on the following please to help me establish if I do have a case (as I believe I do), or if, like I’m worried will be the case, is where my employer is able to somehow twist it into something else?

1. Discrimination due to mat leave/pregnancy: They say my role removal was not personal to me or due to my pregnancy / maternity leave as my role was no longer required. Note my entire role still exists, just it has been split up into two different teams who now will look after those clients moving forward. There is no written trail of how my role removal was decided (Hr told me this in email).
2. I was disadvantaged by being on Mat leave: I was not given the opportunity to be involved in a trial structure change during my maternity where my role was broken up. I was away on Mat leave and whilst I was contacted during consultation, being away on Mat leave meant I didn’t have the same opportunity to talk to colleagues, and decision makers about possible changes to my role. I also wasn’t given a chance to develop new skills that they say were needed for a new role they were creating, which my maternity leave cover somehow secured.
3. I was not offered a suitable alternative role even though there were many roles similar to mine. There was even one role with the exact same job specification as mine that they said wasn’t a suitable alternative. Other roles had all the same essential skills, same job level and pay grade
4. I should have had my role put into a selection pool with the role that had the identical job spec but they said not even though once again it was the same. I was denied the opportunity again because I was on maternity leave.
5. A trial happened whilst I was away and I had no chance to influence it.
6. My maternity cover was lined up to take a newly formed role (same grade as me). Apparently I didn’t have the skills but my maternity cover did - how was that possible if I wasn’t disadvantaged whilst on Mat leave as my mat cover clearly gained skills and experience whilst doing my job I didn’t have the opportunity to do
7. My grievance was ignored and not taken seriously and closed without investigation

I'm newly pregnant and have also recently started a new job. I was unfortunately made redundant from my last job and chose not to let my job dictate my pregnancy timeline as we have been trying for 2+ years and didn't want to wait. I've been working in my new job for 2 months and will have been with this employer for 10 months once the baby is born. I work in a school as support staff and there is no information on the maternity policy or how it works for new staff, I didn't want to speak with HR about this just yet being a new staff member and newly pregnant, however my concern is that I wouldn't be granted maternity leave or maternity pay as many employers say you have to have worked there for 1 year.

I'm also currently working with chronic nausea that comes early in the morning and lasts until around 4pm, when I'm finally able to eat. I'm concerned about taking time off sick due to the nausea, especially as a new staff member but over the past few days it's becoming debilitating. Any advice here would be greatly appreciated!

Hi I would really appreciate some advice please.

I am currently on a fixed term secondment which is due to end at the end of February. As part of this secondment I am on a higher salary.

I am due to go on maternity leave in the middle of February and my employer has told me that my maternity pay (which is really good thankfully, 6 months whole and 3 months half if that makes a difference) will be based on my original non secondment salary. They said that this is because my secondment is paid as a part of an additional supplement rather than my core salary. Like it’s an overlay to my salary if that makes sense.

I’m reading conflicting information online about maternity pay being based on your previous 2 months pay/ weeks 8-25 so I just wanted to check if this is correct or not?

I work as a dental nurse who is also qualified in handling X-rays.
when I first found out I was pregnant ( after a previous misscaraige) I advised my manager that I did not want to take X-rays anymore as there is another worker here who can do it and even though the risks are small they are still there. At first I was told this is okay however now I’m being told that if no one else is here I have to do it. I’m really not happy to be doing it and I think it should be up to me to decide wether I want to take that risk or not. We do not have any lead lined vests that can be worn for extra protection.

I also was advised I should not be left in the building by myself which I thought was great In the event of a fall, patients entering the building ect that I wouldn’t be here alone. They have now had staff changed which has resulted me working alongside a part time member of staff who finishes at 3pm every day meaning I will be here alone until 5pm. I have expressed that I am not happy with this however now that I am in my second trimester I have been told I’m out of the “hazard zone” to which I do not agree with . I’m yet to speak to my manager further regarding this however I wanted some advice that I can use to back myself up. I do not feel comfortable being alone in the building. We have previously had leaks going on, cracks in the ceilings due to water damage, electrics tripping a lot and also a brick thrown through the window right next to where we sit at reception. We do have a lock I can use on the door but patients can still turn up and expect to come in.

Hi there, thanks so much for doing this.

I am on mat leave currently and wanted to ask:

1. When I no longer receive any maternity or SMP in the last 3 months of the year is it true that I can take up work of my choosing even if it's in a new role? Or must it be work that I was previously doing prior to maternity leave?

2. Do surveys count as paid work? Do I have to have been doing surveys before the 15th week before the due date of the child in order to do them now?

3. If I leave my healthcare employer at the end of maternity leave but move to another related employer (as is allowed in my contract) will my current employer have to paid me out the accrued annual leave that I have from this year, given I won't be able to take it? Could they just take it away from me?

Thank you

Thank you for this. Some questions I have:

1, I am currently on 12 months of maternity leave and due back end of May next year. I have about 12 days of annual leave left from this year, Do I need to use this immediately after maternity leave finishes next year?

2, I think I recently read that accrued leave also includes bank holidays? Is this true? We don’t work bank holidays at my company.

3, We get the time off between Christmas and new year, but the days that aren’t bank holidays are taken from our annual leave allowance, will those days be added to the annual leave I can take next year? Meaning my accrued leave will be up to 15days?

thank you for any help

Hello there, I am just in a pickle at the moment as I am currently on mat leave (due back to my job in Jan 2025) and I wanted to find out if I would be eligible for statutory maternity pay as I was not unfortunately with my first baby.

I read through my work maternity policy which does not mention anything that can help me answer this question. I guess I am wondering if I have to work for a certain period before getting pregnant again? (my policy again has no mention of this so maybe this does not apply)

Thanks again.

Hello. I've worked for my employer for 5 years. I was on Mat Leave in Nov 2023 when they said my role was at risk. The had 3 suitable roles but at my first meeting they said they had already filled two. they forced me to interview for the third where I learnt the hiring manager didn't know I still had 6m remaining of my mat leave. it was made clear I'd need to return early to secure this role. I had to make a plan for how I could do that which was very stressful as my daughter was under medical investigations (and still is!) I started the new role in Feb. At end of Jan I was tasked to book a trip abroad to meet the team using up my accrued holiday time. in my first week they asked me to cancel that trip. After the 4 week trial they moved me to a different team verbally saying the reasons were confidential. I was asked to pause my own work and help a colleague on an urgent project. that spiralled and took us to September where we completed it. in that same week they said my role was at risk again. this time apparently no suitable alternatives. all efforts to explore an alternative have been shut down.the company is actually growing and doing well. they are not answering fundamental questions and I feel my consultation meetings have not been at all meaningingful. I asked for garden leave and this has been refused - with a lot of misinformation which feels like gaslighting. ie my contract says garden leave is discretionary- yet they are telling g me there is no provision for garden leave - a clear lie, they then said it was not company policy so I asked for the policy amd they wanted an off record phone call, I told them I needed reliable answers. they then said their expectations was to do payment in lieu of notice and that this would be a form of garden leave. I quoted from giv UK to show how PIlON is nothing like garden leave and asked them what they meant. I've had no answer. I submitted a flexible working request asking for them to use the discretionary garden leave as I use tax free childcare and funded hours which I only get if employed. my next renewal period for that is the 16th November. They have ignored this saying the flexible work doesn't apply. I have stated I think enforcing pilon wi leave me indirectly discriminated against as I will suffer serious, significant and complex financial difficulties from pilon as a working parent using these benefits that could b3 avoided with the reasonable adjustment of garden leave - at least minimised to let me serve nursery notice to reduce hours, 3 months to try and secure any onward work to protect the funded hours etc. my work have ignored this and my final meeting falls on the 6th November . my MP worte a letter of support and I reached out to ACAD for early conciliation but my work have replied to both saying they are dealing with it internally which does very little to shed any light on how they are helping at all. it seems to be a facade. I'm concerned that they are moving to the final stage without any clear answers. I dont feel my current job has been genuine, I've asked why I was moved teams and they said they'd investigated but now they just won't answer. I'm pretty annoyed as I had to leave my poorly baby to return to work, I've got her settled into nirsery, she's having on going appointments including a heart monitor this Saturday! it's stressful anyway. they are growing as a business and his feels fake. they have done several 'rounds' of redundancies yet conveniently keeping these 19 or under each time and seem to spaced out perfectly to avoid a bigger consultation. also offering settlements to perhaps hide the true numbers?? If they do enforce PILON and insist on a settlement how long do I have to get advice on that and am I employed while I do? I'd really wanted to get to 16th to renew my eligibility so I can at least wind down the nursery with correct notice somehow and minimise the losses...but I'm worried they are almost taking delight in how difficult the timing is and like they are getting kicks put of how stressful they are making this! I got signed off briefly and they have still booked in this meeting for while I am off?!

Also I gave birth in spring 2023, I was with 18months of her due date when they gave me this second lot of notice. Am I protected by the new April laws? If they had not bullied me into returning early for this job I would have been on mat leave til March 2023 and then been using up accrued annual leave on the 6th April when the changes came in, I had not known about these and feel this was also a deliberate effort by them to try and prevent me qualifying, I know feel stupid .

Hi there!

Please do remember to PM us your name and employers name after posting, just so that we are able to check for conflicts of interest before allocating your query to a solicitor.

I was on secondment with last pregnancy and mat pay was based on my core salary

Ah, not looking good then

I got this message in my inbox but assumed it was spam. Conflict of interest for what exactly?

@SophiaCMumsnet can you please confirm if this is correct?

The reason we check for conflicts is that the solicitor we allocate your case to, may have a personal affiliation with you or your employer, and therefore not be able to advise on the case.

Hi @Chocolotandtea

The message you received is not spam and is from an employment lawyer from Maternity Action. In the reply below, they have stated that they check for conflict of interest so as to ensure that any solicitor assigned to your case does not have a pre-existing relationship with your company/organisation and therefore can provide impartial advice.

I hope this answers your question but please be reassured that @MaternityActionfreeadvice is a legitimate account.

Good morning,

I am reaching out to discuss my current work situation and health challenges. I am now 22 weeks pregnant and have been managing severe Hyperemesis Gravidarum (HG) throughout. While medication has made the symptoms somewhat manageable, I still experience frequent sickness, particularly on high-stress days. My sleep is also severely impacted, often reduced to very little.

I informed my employer of my HG at around 10 weeks. Since then, I have been assigned additional workloads, managing responsibilities for two other team members on top of my own. I understand that, given my senior role, supporting team performance is part of my responsibilities; however, the current volume of work is overwhelming in light of both typical pregnancy challenges and my ongoing HG symptoms.

Additionally, I wanted to inquire about the timeline for confirming the details of my maternity package. Although I was initially promised a customised package due to my role, the current arrangement is statutory, and my attempts to discuss this have been largely unacknowledged. The lack of clarity around financial planning is adding to my stress further, is there a deadline the employer needs to meet with providing this information?

Thank you for considering my concerns, and I appreciate any guidance or support that can be offered.

Kind regards,

Hi, I would very much appreciate some advice on my situation please. I work for an airline and have recently returned to work after maternity leave. I have worked for my employer for 15 years and I am currently breastfeeding. My baby turned 1 in September. I have asked my employer for a transfer to an airport closer to home whilst I am feeding my baby. Currently I am based at an airport which is 100 miles away, at least a 2 hour drive on busy roads with lots of traffic, so always the potential for that drive to take a lot longer. The minimum rest periods between flights would often mean I would have to stay in the area as opposed to being able to come home in between.
They have refused my request twice, and at the moment have not given a reason.

I just want to ask if it is worth me taking this further, ie the legal route. This situation is causing me an untold amount of stress. I’ve felt forced to stop feeding my baby just to be able to better manage my work situation, but this isn’t what I want to do. Thank you so much in advance. I can also provide more background if required.

Hello,
I have worked for my employer on a series of short, fixed term contracts for approximately 6 years. I contacted HR to determine my eligibility for statutory maternity pay. I was initially told I was eligible because I hadn’t had a break of more than 4 weeks between contracts during my eligibility period and to wait for a breakdown from payroll. I waited one month before 8 I contacted them again and after many frustrating calls and emails where neither department seemed to know about the case I was told in fact I was not eligible for SMP. The issue arose because my contract for the booking in question that would qualify me states the job ended on 28/6 however there is an amendment at the bottom of the contract stating I worked the 1st July and 14th July. The 14th July is the important day as it is the one that means I had less than a 4 week gap. The company has stated that this is a typo, that they meant June 14th and that as other records show I did not work the 14th July that I am not eligible for SMP. My question is that as this is their mistake on the contract and they had ample time to correct it and in fact did not even notice it until more than 3 month after it was issued can they be held to the dates in the contract amendment and thus should I be eligible for SMP?
Although I enquired about my eligibility before my qualifying week, it was so badly handled that I am now nearly 32 weeks pregnant and to receive notification at this stage that I would miss out on such a significant amount of money has caused a great deal of stress and I would be deeply grateful for any help you can offer.

I'm due to return to work (before 26 weeks) from maternity leave. My employer is proposing enforced changes to my role which I do not agree with or want. I am trying to resolve changes to my role informally but my employer is insistant that the changes they are proposing does not breach my rights. I believe they are in breach of my right to return to the same job and committing maternity discrimination because of the following proposed changes leave me at a disadvantage by making my job less favourable:

1. removing line management responsibility by giving it to the colleague covering my maternity leave and thereby reducing my job status
2. reducing my workload by giving part of my previous responsibility to the colleague covering my maternity leave and thereby reducing my responsibility

I would really appreciate advice regarding this.

Hello, any advice would be so appreciated.

I’m working full time and currently pregnant. I understand that my company doesn’t not offer contractual sick pay.

I had a few days off going into the maternity triage due to bleeding, and I do have all the after visit summaries from the hospital to prove that I have been seen by doctors. My employer said those are not pregnancy related appointments but just normal sick days, is that correct even if I went into the hospital and visited the doctor or attended emergency booked scans?

Also,I had my work trip on Friday 11/10/2024 to Glasgow and found out bleeding on that night. I went to the local maternity triage on the same day, taking the train back to Manchester on the next day. Then a non working day on Sunday 13/10/2024. Followed by 3 consecutive days off for hospital triage visits. Even if the hospital visits are not considered as appointments, am I entitled to get SSP as it was from 11/10/2024-16/10/2024 including non working days.

And I originally had midwife appointments pre-booked on the 16th, and my employer said since I didn’t show up after my appointment, it will be considered as unpaid sick leave as well, is that correct?

Thank you!

Hi there,
I'm currently on maternity leave and want to clarify something around the holiday I will accrue and return to work. If I use my holiday, should I still be paid for these days? I'm thinking of ending my mat leave early to be able to access free childcare hours from April, and I've read that using accrued holiday counts as returning to work. However I'm unclear about whether I should still be paid for the holiday time taken. I need to be paid for it in order to qualify for the childcare funding.
When I returned from maternity leave for my first child a few years ago, my employer told me I couldn't use the holiday and still be paid for it. I either had to use the holiday to extend my return to work date or be paid for the accrued holiday, not both, but I'm not sure if this was correct or if I was misled out of due pay. My partner said that I was forced to take unpaid leave, which wasn't correct.
Please can you help to clarify?
Thank you!

I have requested to return to work part time following maternity leave and been told I will no longer be able to be a supervisor as a part time employee. The role I have been offered was initially discussed as career progression when I was full time before getting pregnant. I have now been told that I will have to take a pay cut and no longer be on the supervisor bonus scheme. I believe this is unfair and I am being taken advantage of because business has slowed and they believe I am
unable to return full time.
Can anyone offer any advice?

I have been at my company for ten years, have a two year old toddler and am due to go on maternity leave at Christmas with my second. Three weeks ago a collective consultation was begun placing my role at risk of redundancy. There is no suitable alternative role proposed in the new structure and I have been told I would have redeployee status, due to my pregnancy should I choose to apply for any new open vacancies after the consultation. I do not believe I have been placed at risk due to me being pregnant. I have been told that I will be entitled to my enhanced maternity package but paid in one lump sum, and my redundancy package if I’m made redundant. We currently receive 15 free hours of childcare and use the tax free childcare account for my two year to help with nursery costs. If I’m made redundant in January will I be able to still receive the 15 hours childcare if I’m on maternity but then technically unemployed? It feels unfair if not as I will just have had a baby and will be unable to seek new employment for many months. I’ve also heard that I might be disadvantaged having my mat leave pay paid in a lump sum due to more tax and NI- is this correct and do you have any advice to support with this?

Dear Newbiemum01

Congratulations on your pregnancy.

You are entitled to 52 weeks' maternity leave. This is a day one right and protects your right to take time off and return to the same job.

If you started your job before falling pregnant you will qualify for Statutory Maternity Pay (SMP) from your employer. You will need to be employed by the same employer for 26 weeks by the 15th week before your expected week of childbirth and earn at least £123 per week in approximately weeks 18 - 26 of your pregnancy.

If you were already pregnant when you started your job you won't be able to get SMP from your employer but you will be able to claim Maternity Allowance from DWP. You can claim Maternity Allowance by filling out this form: https://www.gov.uk/government/publications/maternity-allowance-claim-form You will meet the qualifying conditions for Maternity Allowance if you have at least 26 weeks' employment with your current and former employer in the 66 weeks before your baby is due.

We have more information about maternity pay on the Maternity Action website here: https://maternityaction.org.uk/advice/maternity-pay-questions/

You must give your employer notice of when you want to start your maternity leave and give them your MATB1 maternity certificate by the 15th week before your due date or as soon as possible afterwards.

Your employer may provide additional 'occupational maternity pay'. Your contract or staff handbook may have more information or you may have to ask for your employer's maternity policy. Any additional maternity pay may have terms and conditions such as a year's employment or a requirement to return to work for a minimum period. You do not have to return to work to get SMP or Maternity Allowance and cannot be asked to repay SMP or MA.

I'm sorry to hear you're suffering from pregnancy-related nausea. You are entitled to take sick leave if you are not well enough to work. If you have to call in sick you should follow your employer's normal sickness reporting process. You should make it clear if your sickness is pregnancy-related or ask your GP to put this on your 'fit notes' as any pregnancy-related sick leave must be counted separately and must not be used in disciplinary or dismissal decisions. You are protected against pregnancy discrimination if you are treated unfavourably because of pregnancy or pregnancy-related sickness. However, please be aware that this can be difficult to evidence as employers will often point to other reasons.

You also have the right to a risk assessment once you have notified your employer of your pregnancy in writing. You are entitled to reasonable adjustments to your working conditions or hours of work if there are risks at work. We have more information about health and safety protection during pregnancy on the Maternity Action website here: https://maternityaction.org.uk/advice/health-and-safety-during-pregnancy-and-on-return-to-work/

I hope it goes well.

Dear Anonymum2024

Thanks for your query. To answer your questions:

1. When you are in your last 3 months of unpaid maternity leave you can do employed or self employed work without it affecting your maternity pay (as it's now finished). However, you will need to check your contract to see if there are any restrictions on taking second jobs or whether there is a conflict of interest. You may be required to seek your employer's permission, or notify them of other work. This still applies during maternity leave.

1. The rules on working for a second employer in the 15th week before your baby is due only apply to the Statutory Maternity Pay period (9 months). Once your SMP period has ended, you can work for a new employer, subject to what is set out above. If you are paid for carrying out surveys it will be treated as employed or self-employed work depending on the terms offered.

1. When you resign from your job, you are entitled to be paid for any outstanding accrued annual leave up to the end of your notice period. If you are not paid the correct holiday pay you can make a claim in an employment tribunal.

I hope that helps.

Dear SkyeBorne

Thanks for your query. To answer your questions:

1. You are normally expected to take your annual leave in the leave year in which it accrues. If you have had to carry forward annual leave because of your maternity leave you should agree with your employer when you will take it. Many workplaces ask employees to take it immediately after maternity leave so that they are not carrying a large amount of accrued annual leave into a new leave year.

1. You are entitled to a legal minimum of 28 days paid holiday per year (pro rata if you work part-time). This can include bank holidays (check your contract to see if this applies in your workplace). You must be allowed to take at least 28 days or to carry it forward if you have not been able to take it because of maternity leave. Any additional leave that your employer provides on top of the legal minimum of 28 days is contractual holiday and you should check your contract to see the terms and conditions that apply in relation to carrying forward unused annual leave.

1. Any annual leave that is fixed holiday i.e. a Christmas or summer shutdown is treated in the same way as bank holidays. As above, you must be allowed to take this holiday at another time if you have not been able to take the legal minimum of 28 days paid holiday because of your maternity leave. If you have additional contractual holiday you should ask your employer if you can take this holiday at another time or check your contract, for example, if you are allowed to take holiday at another time if you are off sick, this suggests you should be able to take holiday that you were unable to take because of absence on maternity leave.

I hope that helps.