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

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Free online advice clinic Monday 10th March to Thursday 13th March - 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 10th to Thursday 13th of March. 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 below before the 13th March. 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 to [email protected] 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.

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 came to UK on ICT main applicant Visa in year 2022 and recently shifted to skilled worker dependent Visa in Nov 2024. I am 30 weeks pregnant and due in May 2025. I informed my manager about the same in the beginning of Jan, and they immediately de allocated me from the project and asking me to travel back. HR also said I cannot take maternity leave here in UK as I am on secondment. But I have my husband working here and my daughter in school. I am ready to take early maternity leave but they are not agreeing for the same. And without saying they are indicating its the only option to go back or I might have to exit. I am unsure if this would impact my SMP. Please guide. This has been causing a lot of stress.

Good afternoon and thank you for your help. I am currently on maternity leave with my 7 month old. I interviewed for and accepted my job before I fell pregnant but was already pregnant when I started. My employer has barely been in touch over my mat leave although I said I’d like them to bear KIT days in mind for me. We haven’t agreed a date I will return yet or under what conditions. I have a couple of questions:
i only received maternity allowance and no enhanced pay. If I decided I didn’t want to return to working there can I give notice while on mat leave? I have to give 3 months.
my holiday year runs June until May. I didn’t take any leave before having my baby in July as my baby was early so I should have accrued a full year (including an additional day for my birthday). I would, ideally, like to take a years mat leave and then the annual leave I’m owed after we get this but it is stated in my contract that leave cannot be carried over until the next year. Would I lose this leave if I didn’t return before May to take it? Are there other options like being paid it in a lump sum?

thank you!

Hi
I just wanted to know what or if any action I can take against my work place for what I feel like has been pregnancy discrimination.

back story:
I am on a contract which is ending in June.
This contract has been extended 3 times before.
I made them aware I was pregnant and then asked if my contract could be renewed they informed me they couldn’t due to ‘overstaffing’.
My partner got in touch with ACAS and they suggested to make note of everything and if any other contracts get renewed.
Since then they have offered to renew a colleagues contract, they have offered potential opportunities to 2 others and I think under the process of changing a volunteer to a 0 hour contract.
When I was aware about the situation I asked my manager why my contract wasn’t being renewed but another persons has been she said now it was because I am not qualified. However, another staff member told me that she wasn’t qualified and was emailed about ‘potential opportunities’.
This has just been one of the problems I have encountered since informing them of my pregnancy.

I had to ask for them to do a risk assessment as they said normally do it when I am ‘bigger’ however I got to the point where I was experiencing body pain.

I had to ask them to pay me for an appointment and they responded with it being paid as a ‘courtesy’. However I had informed the deputy manager at the time I was pregnant and told her about the appointment.

This situation is clearly stressful knowing I am going to be unemployed 2 months before giving birth. Therefore, after a conversation I had with manager, I was left feeling distressed so I went to a senior member of staff whom I trust. She took me to an empty room with no other staff to calm me down, the manager came in and told me not to discuss this with staff members and to discuss it with the owner. I had to go away which lead me to being in the staff room alone and almost having a panic attack. This is ironic as my maternity and contract not being renewed was discussed between the manager and a staff member before informing me in which I told it was okay to do. I was also called ‘sensitive’ as I didn’t want to talk to the owner about my pregnancy after finding out my contact wasn’t being renewed until I received legal advice.

sorry this is so long !! I just wanted to know if this is actually pregnant discrimination and if I can take it further and also how I can do this.
THANK YOU !!

Dear dmorris

Thank you for your query. You will be eligible for SMP if you meet all three of the following:

1. You have been employed by the same employer for at least 26 weeks by the 15th week before your expected week of childbirth. This means you need to have started your job by 30/11/24. As a result you will not be able to claim SMP from a new employer.
2. If your baby is due on 1/9/25, the 15th week before the expected week of childbirth is the week of 18 to 24 May 2025. You need to be employed by your current employer in all or part of that week (even one day counts). You are still employed during sick leave and annual leave.
3. You earned at least £123 per week/£125 pw (April 2025-April 2026) in the 8 weeks (if you are paid weekly) or 2 months (if you are paid monthly) immediately before the end of the 15th week before your baby is due (24 May).

Unfortunately, if your employment is ending on 7/5/25, you will not be eligible for SMP from your current employer. Is there any scope to negotiate an extension until your qualifying week above? All employers are reimbursed for the SMP they will be paying you (including the first 6 weeks at 90% of your average earnings) so it could be worth asking. Your employer can get more information about claiming back SMP and advance payments here: https://www.gov.uk/recover-statutory-payments

Maternity leave and Maternity Allowance

If you are not able to qualify for SMP your employer should give you an SMP1 form. You can claim Maternity Allowance instead on this form: https://www.gov.uk/government/publications/maternity-allowance-claim-form If you are not working from the 11th week before your EWC, your Maternity Allowance will automatically start from then (15/6/25) or the date that you stop work if later.

If you start a new job, you will need to ask DWP to start paying your Maternity Allowance on the same date that you start your maternity leave. You will need to give notice to your new employer by the week of 18 to 24 May 2025, stating your pregnancy and the date you wish to start your maternity leave, or give notice as soon as reasonably possible, if later. You are entitled to take up to one year on maternity leave, even in a new job, as it is a day one right. You can generally choose when your maternity leave will start. It can start as early as the 11th week before your EWC or you can work up to the birth. If you are absent from work in the 4 weeks before your expected week of childbirth, because of pregnancy-related illness or a maternity suspension, your leave will automatically start on the day after your first day of absence. If you give birth early your leave will start the day after the birth and you should let your employer and DWP know that your maternity leave has started.

I wish you all the best.

Dear 1234M

Thank you for your query about payment of SMP. Employers are expected to pay SMP in the same way as wages. As it is a weekly payment this sometimes causes confusion. As your maternity leave is starting on a Tuesday, you are correct that your maternity pay weeks will be Tuesday to Monday. This can result in some months being paid as 4 full weeks and the next month might be 5 full weeks. Employers can pay it in this way if they wish to. Overall, you must receive 39 full weeks of SMP. The first 6 weeks at 90% of your average earnings and the remaining 33 weeks at £187.18 per week or 90% of your earnings if lower. You can find a maternity pay calculator online here: https://www.gov.uk/maternity-paternity-pay-leave

However, the HMRC rules allow an employer to pay a part-week, if they wish to, for example when paying SMP on a calendar month basis. SMP can be divided by 7 to get a daily rate if your employer agrees to split SMP weeks between different month's payrolls. The HMRC guidance on paying SMP is set out here if it would be helpful to forward to your employer: https://www.gov.uk/hmrc-internal-manuals/statutory-payments-manual/spm182300 Your employer can get further help with paying and reclaiming your SMP from HMRC Employer's helpline on 0300 200 3200. If your employer does not pay your SMP correctly, you can contact HMRC Statutory Payments Disputes Team on 0300 322 9422 to ask for a formal decision.

Your employer is required to notify you within 28 days of your notice for maternity leave if you do not qualify for SMP but any further notification of payment is a matter for each employer. It would be good practice to provide a letter confirming payments but your employer's response suggests that they are waiting for payroll updates as all rates for statutory pay change on 6 April. You will be getting the new rate of £187.18 per week which applies from 6/4/25 - 6/4/26.

I hope this helps.

Dear Ellajones12

Thank you for your enquiry. Your rights at work depend on your employment status. If you are genuinely self-employed your rights are limited but you are entitled to claim Maternity Allowance. This can be paid from 11 weeks before your baby is due if you are no longer working at that point or from the date you stop work if you find another job. Maternity Allowance is paid for 39 weeks at £187.18 per week. You can find the claim form here: https://www.gov.uk/government/publications/maternity-allowance-claim-form You will need to wait until the 15th week before your expected week of childbirth to submit your claim.

We have more information on self-employment and claiming Maternity Allowance on our website here: https://maternityaction.org.uk/advice/maternity-and-parental-rights-for-self-employed-parents/

You are protected against pregnancy discrimination if you are considered a worker, employee or contract worker. Your employer has labelled your job as 'self-employed' but if you have worked at the same place, on the same hours, and in the same work, for some time this may amount to a worker or employee contract. You would need to start a pregnancy discrimination claim within 3 months, less one day, from the date that your job has ended. If your employer argues that you are genuinely self-employed, an employment tribunal would initially make a decision on your employment status. If they decide that you are in fact a worker or an employee you would be entitled to continue your claim for compensation for loss of wages and pregnancy discrimination.

You are entitled to health and safety protection at work during your pregnancy. This includes a risk assessment and information about the risks. If you are a worker or employee you are entitled to reasonable adjustments to avoid any health and safety risks but you must be an employee to be entitled to be offered safe suitable alternative work or a maternity suspension if your job cannot be made safe. For this reason, it is important to get further advice on your employment status if you are thinking of pursuing a claim. There are clearly risks in pursuing litigation and it can be a long process. Before considering this option, you may want to continue trying to negotiate other options for safe work during your pregnancy and when you intend to be available for work again. If you want to challenge your treatment you should raise it with your workplace, check if you they have a grievance policy or make a complaint, but make sure that you do not miss the time limit for starting a claim.

There is a strict time limit for starting a claim in an Employment Tribunal of three months (less one day). Time usually starts running from the date of dismissal or act you are complaining about. You will need to contact ACAS Early Conciliation first. You can complete an online form here to start early conciliation: Early conciliation or telephone the ACAS helpline: 0300 123 11 00. You must start Early Conciliation before the time limit expires. In some circumstances, a tribunal will extend the time where it is ‘just and equitable’ but there is no guarantee that a late claim will be accepted.

An ACAS conciliator will try to help you and your employer reach an agreement. Your employer may be willing to find a resolution if you have pursued it to this stage. You should think about what you would be willing to settle for e.g. loss of wages until your Maternity Allowance period starts.
If you are unable to reach agreement through ACAS they will issue an early conciliation certificate and you can issue a tribunal claim form.
Unfortunately there are limited options for free legal advice and representation for employment tribunal claims. You may be eligible for legal aid if you are bringing a discrimination claim. This is means-tested. You can find a legal aid provider here: https://www.gov.uk/civil-legal-advice or in Scotland: https://www.mygov.scot/legal-aid

You should also check whether you have any Legal Expenses cover included on any home or car insurance policies you hold as this may cover free legal advice and representation for employment claims.

I hope this helps.

Dear Lui86

The contract wording you have sent suggests that bank/public holidays are part of your holiday entitlement as you would normally be paid for 20 - 25 days holiday plus approx. 8 bank holidays each year. Bank holidays cannot usually be taken at another time but some contracts do allow it in some circumstances e.g. sick leave. If they allow a bank holiday to be taken during sick leave, it is arguable that it would be discriminatory not to allow you to take the days that fell during your maternity leave.

I think your starting point is to check whether there are any other terms in your contract of employment as well as anything written in a staff handbook or any annual leave policies. It's important to see what your contract/workplace policies say about bank holidays and whether there are any provisions for taking this 'fixed holiday' at another time. If you don't have access to these policies you can ask HR to send them to you. Many policies do not allow bank holidays to be taken at another time or are silent on the matter (where it would probably be assumed that the time off can only be taken on that day). If nothing is said about taking bank holidays at another time, you will need to ask your employer to clarify their policy on this. Your HR response so far suggests that you can only benefit from a paid day off for a bank holiday if are in work at the time i.e. it is fixed holiday that you cannot take at another time such as after sick leave or maternity leave.

However, as mentioned before, the exception is where you are only entitled to the statutory minimum of 28 days, including the 8 bank holidays. I'm not sure how long ago you took your first maternity leave but if it was when your entitlement was 20 days holiday plus 8 bank holidays, you would have been entitled to take the legal minimum of 28 days in that leave year or after your maternity leave ended regardless of the fact that 8 of the days were fixed holiday. As you are now entitled to 25 days plus 8 bank holidays, it is arguable that you are entitled to at least the statutory minimum of 28 days paid holiday (less any days of leave already taken) and any further carry over of the remaining 5 bank holidays would depend on your employer's policies.

Dear Amylew172

Thank you for your query. You will be eligible for SMP if you meet all three of the following:

1. You have been employed by the same employer for at least 26 weeks by the 15th week before your expected week of childbirth. This includes your period on maternity leave.
2. You are still employed in the 15th week before the expected week of childbirth.
3. You earned at least £125 pw (April 2025-April 2026) in the 8 weeks (if you are paid weekly) or 2 months (if you are paid monthly) immediately before the end of the 15th week before your baby is due.

As a result it is possible that your 8 week/2 month calculation period above will fall during your unpaid maternity leave or a period in which you have lower than normal earnings if you are still on SMP in that period or doing a small number of KIT days. Please also note that KIT days are optional. Employers do not have to offer them and an employee does not have to work during maternity leave if they do not wish to.

NHS employees may qualify for enhanced NHS maternity pay. This is calculated in the same way as for SMP and is set out in the NHS Agenda for Change terms and conditions which can be found online here: https://www.nhsemployers.org/publications/tchandbook The maternity policy at section 15.

Section 15.22 states that a further period of maternity pay can be based on your notional full pay in the following circumstances:

'iv) in the case of an employee currently on maternity leave who intends to take a second period of maternity leave, either concurrently, or in close succession to the first, who is in receipt of:

• half of full pay (plus any Statutory Maternity Pay, or
• Maternity Allowance (including any dependents' allowance) receivable) or
• no pay

during the whole or part of the period used for calculating average weekly earnings, in accordance with the earnings rules for Statutory Maternity Pay purposes, average weekly earnings for the second period of maternity leave shall be calculated on the basis of notional full pay.'

You should check if your Trust has their own local policy. This can provide better terms than the nationwide policy but cannot remove these rights.

I hope that is helpful.

Dear Kateeeeeeee

Thank you for your enquiry.

You can claim Maternity Allowance if you are registered as self-employed and you are not eligible for SMP in respect of any employed jobs:

1. You have been self-employed for at least 26 weeks out of the 66 weeks before your expected week of childbirth. The 26 weeks do not have to be in a row or in the same kind of work. You can also include weeks of employment if you have other paid work.
2. You have paid (or are treated as having paid) at least 13 weeks’ Class 2 National Insurance contributions in the 66 weeks before your expected week of childbirth.

You do not have to prove your actual earnings from self-employment when claiming Maternity Allowance. DWP will treat you as earning a certain amount based on whether or not you have paid at least 13 weeks' Class 2 National Insurance (NI) contributions in your 66 week test period. If you are self-employed, the amount of Maternity Allowance you can get will be either £187.18 or £27 per week. It is advisable to pay 13 weeks' Class 2 NI contributions voluntarily in order to qualify for the full rate of MA. After you have claimed Maternity Allowance you normally get a letter from HMRC telling you the amount to pay and how to pay it. If you then find that the amount of your taxable profits means you meet the condition for being treated as having paid class 2 contributions without needing to have paid them, you can apply for a refund, but you will need to apply by 31 January after the end of the tax year.

If your annual earnings are likely to be below the small profits threshold, you will not be treated as having paid Class 2 NI and you will need to pay 13 weeks' Class 2 NI contributions voluntarily to qualify for the full rate.

If you have not registered as self-employed you must do so as soon as possible. If you have not been registered as self-employed for at least 26 weeks by the expected week of childbirth you may still be eligible for Maternity Allowance if you have evidence to show that you have been working on a self-employed basis. You can claim Maternity Allowance anytime from the 26th week of pregnancy but you may need to claim later if you have not yet met the qualifying conditions. A claim can only be backdated for a maximum of three months.

You make your claim to the Department for Work and Pensions (DWP) and can get a copy of the form from the Government’s website here: https://www.gov.uk/government/publications/maternity-allowance-claim-form or you can telephone 0800 055 6688 and ask for form MA1.

For more information on claiming MA if you are self-employed and the rules on working during your MA period, please see our website here: https://maternityaction.org.uk/advice/maternity-and-parental-rights-for-self-employed-parents/
If you go abroad temporarily during your MA period, you will need to notify DWP. A temporary absence should not affect your eligibility but if you are leaving the UK permanently your MA may be stopped, for example, if you move to another country with which the UK has a reciprocal agreement or the UK is no longer the 'competent state'.

I'm sorry I can't advise on your second question as you will need to speak to a registered immigration adviser. You can find regulated advisers here: https://www.gov.uk/find-an-immigration-adviser

I hope that helps.

Dear DPrincess17

Thank you for your query. If you are entitled to 8 weeks at full pay this should be paid at your normal rate for the first 8 weeks of your maternity leave. Your employer can deduct any tax, National Insurance, student loan and any other agreed deductions.

If you do not think you have been paid the correct amount you should write to your employer to ask for a breakdown and raise any concerns about changes to your pay in the first 8 weeks.

If you qualified for SMP, this would be paid at 90% of your average earnings for the first 6 weeks and topped up by your employer to full pay in this period. If your employer has not paid the correct SMP you should contact the HMRC Statutory Payments Disputes Team on 0300 322 9422. HMRC will provide a formal decision and order your employer to pay any additional SMP owing.

If your employer has not paid any enhanced maternity pay owing (anything on top of SMP), you will need to make a claim for unauthorised deduction of wages in an employment tribunal. For unauthorised deduction of wages claims there is a strict time limit of 3 months from the date of the last deduction or series of deductions. You must contact ACAS within the time limit on 0300 123 1100 to start early conciliation.

I hope you are able to resolve it.

Dear vcrux

Thank you for your query and congratulations on your new pregnancy. Your entitlement to maternity leave/pay for each pregnancy depends on meeting the normal qualifying conditions which I will set out below.

You will be eligible for SMP if you meet all three of the following:

1. You have been employed by the same employer for at least 26 weeks by the 15th week before your expected week of childbirth. This includes your current maternity leave.
2. You need to be employed in all or part of the 15th week before the expected week of childbirth. You are still employed during sick leave, annual leave and maternity leave.
3. You earned at least £125 pw (April 2025-April 2026) in the 8 weeks (if you are paid weekly) or 2 months (if you are paid monthly) immediately before the end of the 15th week before your baby is due. This period may include a period of earnings in which you are receiving enhanced maternity pay or you may have moved onto SMP only or unpaid maternity leave which would affect your next lot of SMP. You can find a maternity pay calculator here: https://www.gov.uk/maternity-paternity-pay-leave

SMP will be paid for a maximum of 39 weeks at 90% of average weekly earnings for the first six weeks. The next 33 weeks are paid at a flat rate of £187.18 (April 2025 - April 2026) or 90% of average weekly earnings if that is less than the flat rate.

You can generally choose when your SMP will start. It can start as early as the 11th week before your baby is due and can start as late as the birth. If you are absent from work in the 4 weeks before your expected week of childbirth, because of pregnancy-related illness or a maternity suspension, your SMP will automatically start on the day after your first day of absence. If you give birth early your SMP will start the day after the birth and you should let your employer know that your maternity leave has started.

You must give your employer notice for maternity leave and pay by the 15th week before your expected week of childbirth stating that you are pregnant and the date that you wish to start your maternity leave. In order to be paid SMP you must give your employer your MATB1 maternity certificate which you can get from your midwife or GP.

If you want to return to work early, before your current maternity leave ends, you must give at least 8 weeks' notice. You may want to consider whether you need to use up any annual leave between periods of maternity leave.

In terms of the enhanced pay that your employer offers (on top of SMP) you will need to check the terms of your contract/employer's maternity policy. This may state that the enhanced pay is based on the same qualifying conditions as SMP or it may have other conditions, such as a longer period of service. This is a contractual right so your employer can set their own terms but these should be set out in the policy. If the policy doesn't specify a period in which you need to be in work before a period of maternity leave/pay then there are no specific terms that apply. Their policy may state that they use the same earnings criteria as for SMP. If not, they may base the enhanced pay on normal pay, regardless of whether you are working in a specified period but, if their policy isn't very clear, it would be best to ask them to clarify. Maybe their HR could answer a general query on this point if you don't want to disclose your pregnancy yet?

I hope that is helpful.

Dear Bhavanichettiar

Thank you for your enquiry. I am sorry to hear of the difficulties you have been having. If you have a written contract of employment or any documentation relating to the terms of transfer of employment to the UK employer, you should check to ensure that you are an employee. If you are an employee, you are entitled to take up to one year of maternity leave or until the contract ends if earlier. You must give your employer notice for maternity leave and pay by the 15th week before your expected week of childbirth stating that you are pregnant and the date that you wish to start your maternity leave. If you are late you should give notice as soon as possible. In order to be paid SMP you must give your employer your MATB1 maternity certificate which you can get from your midwife or GP. This will state your due date and will be used to calculate your SMP.

You can generally choose when your maternity leave will start. It can start as early as the 11th week before your baby is due and can start as late as the birth. If you are absent from work in the 4 weeks before your expected week of childbirth, because of pregnancy-related illness or a maternity suspension, your leave will automatically start on the day after your first day of absence. If you give birth early your leave will start the day after the birth and you should let your employer know that your maternity leave has started.

You will be eligible for SMP if you are paid through PAYE (with any UK tax and National Insurance contributions deducted at source) and you meet all three of the following:

1. You have been employed by the same employer for at least 26 weeks by the 15th week before your expected week of childbirth.
2. You are still employed in the 15th week before your expected week of childbirth. You are still employed during sick leave and annual leave.
3. You earned at least £123 per week/£125 pw (April 2025-April 2026) in the 8 weeks (if you are paid weekly) or 2 months (if you are paid monthly) immediately before the end of the 15th week before your baby is due.

If you are eligible for SMP it will be paid for a maximum of 39 weeks. SMP is paid at 90% of average weekly earnings for the first six weeks. The next 33 weeks are paid at a flat rate of £187.18 (April 2025 - April 2026) or 90% of average weekly earnings if that is less than the flat rate. If you are not eligible for SMP your employer must give you an SMP1 form within 28 days stating why you do not qualify.

Once you have qualified for SMP, as above, you are entitled to be paid it for the full 39 weeks (unless you start work in a new job after the birth) and this applies even if your job ends, your visa expires or you leave the UK.

If your employer is refusing to pay SMP, you can contact HMRC Statutory Payments Disputes Team on 0300 322 9422 to ask for a formal decision. If you have qualified, they will order your employer to pay it. I suggest telling your employer in advance if you are going to contact HMRC as this may prompt them to resolve it.

If you are not eligible for SMP, or your employer has wrongly refused it and you are waiting for a decision from HMRC, as above, you can claim Maternity Allowance. You should complete this form: https://www.gov.uk/government/publications/maternity-allowance-claim-form You must apply within 3 months of the start of your maternity leave wherever possible as your claim can only be backdated for up to three months.

I suggest also checking your employer's maternity policy to see if they provide any enhanced maternity pay, on top of any SMP or Maternity Allowance that you can claim. If your employer is refusing your maternity leave and any enhanced maternity pay they provide, or you have been discriminated against because of your pregnancy (such as loss of wages or loss of work) you may have a claim for pregnancy discrimination.

I recommend raising the issues informally by speaking to your manager and/or more senior managers or by writing a letter/email. If you have been unable to resolve the issues informally, your next step is to consider raising a grievance and/or making a claim in the Employment Tribunal. You will need to pursue a grievance if you are thinking of making a claim in an employment tribunal as you are expected to take all reasonable steps to resolve the dispute and your compensation can be reduced if you have not done so.

There is a strict time limit for starting a claim in an Employment Tribunal of three months (less one day). Time usually starts running from the date of the act/decision or last in a series of acts/decisions you are complaining about. If you are making a claim for loss of wages the time limit is 3 months from the date of payment or last in a series of payments.

If you are thinking of making a Tribunal claim, you will need to go through ACAS Early Conciliation first. You can complete an online form here to start early conciliation: Early conciliation or telephone the ACAS helpline: 0300 123 11 00.

You must start Early Conciliation before the time limit expires. In some circumstances, a tribunal will extend the time where it is ‘just and equitable’ but there is no guarantee that a late claim will be accepted.

Unfortunately there are limited options for free legal advice and representation for employment tribunal claims. You may be able to get free legal advice and representation from your union (if you are a member). You should speak to their legal department as soon as possible.

You may be eligible for legal aid if you are bringing a discrimination claim. This is means-tested. You can find a legal aid provider here: https://www.gov.uk/civil-legal-advice or in Scotland: https://www.mygov.scot/legal-aid

You may also be able to get help from a local Law Centre: you can find the Law Centres Network website here: https://www.lawcentres.org.uk/
You should also check whether you have any Legal Expenses cover included on any home or car insurance policies you hold as this may cover free legal advice and representation for employment claims.
I hope that is helpful.

Morning @enyacropper

If you have not already done so, please do remember to send over your name and employers name to [email protected] so that we can allocate your query to a volunteer. This is purely for checking for any conflicts of interest.

Thank you for offering this service. I have two questions:

1. My employer has confirmed in writing I will get no inflationary pay increase and one of the reasons is due to the timing I went on maternity leave (I have this on writing also). Is this allowed/what are my rights?
2. My appraisal I felt did not factor in the pregnancy symptoms I’d been struggling with (more difficult to evidence than my first point) so am looking for new employment. Can my notice period be served by the period I’m taking off for maternity leave?

Thank you for your response. The problem is they are asking me to travel back to home country even though I am not sponsored by them, I am on my husband's dependent visa. They are threatening me saying I might face immigration issues although I have valid dependent visa till 2027. I am 30 weeks pregnant and have my family here and traveling back is not an option for me. They are not agreeing for me to take early maternity leave as well. Please guide.

Dear GreenZebra,

Thank you for your enquiry. I’m sorry that you’re facing uncertainty with your role again, especially as this has happened before.

Understanding the Proposed Changes and Your Rights
It’s good that HR have reached out to discuss this with you. I’d recommend asking for more details before your meeting so that you can properly consider the proposed changes. Given your past experience, it’s reasonable to ask for transparency early on. Try to set a meeting time that works for you (ideally when you won’t be distracted by childcare) so you can focus fully on the conversation. The aim is to hear what they have to say and reflect on what that might mean for you. You can take time after the meeting to process your thoughts and don't feel pressured even if the meeting takes an unexpected turn. It is absolutely fine to ask for a break if you get upset or need time for any reason.

You do not have a right to be accompanied at this meeting unless you need extra support as a disabled person which you have not alluded to. However, it is best practice so you can ask to have a trade union rep, if you are a member, or a colleague to accompany you but no-one else and not a lawyer.

As you are 28 weeks into maternity leave, your right to return depends on how long you’ve been off:

• If you had returned within 26 weeks, you would have the right to your same job.
• As you will return after 26 weeks you still have the right to return to the same role but if your employer can show that your old job is no longer available, they must offer you a suitable alternative job on no worse terms.

A role is considered "suitable" if it is comparable in status, responsibility, location, and pay. Your employer cannot simply assign you to a different role that does not align with these factors. * * What If You Do Not Want the New Role? If this turns into a redundancy situation (effectively your role not being available), your employer must follow a fair process and consult with you. Whether you can refuse a role depends on how "suitable" it is and your reason for refusing:

• If the role they offer is substantially different, for example, it has more (or significantly less) responsibility, different hours or a different location that does not suit you, you could reasonably refuse it and still claim redundancy pay.
• If they claim the role is a suitable alternative and you refuse it without good reason, you may be viewed as having resigned and could lose your right to redundancy pay.
• If they attempt to impose a significantly different job on you, this could be grounds for unfair dismissal or maternity discrimination, so seeking legal advice may be advisable.

It is important that you don’t feel pressured into signing up to something you are not happy with. Once you agree to changes, it’s difficult to challenge them later. If you want time to consider a new role, a trial period (with a clear and agreed end date) can be a good way to decide. Be clear with your employer and don’t assume they will automatically agree to a trial period or redundancy payment unless this is confirmed in writing. * * The Process and Timelines At this stage, there aren't strict legal timeframes for informing you about changes. However, if redundancy is on the table:

• Your employer must consult with you before making any decisions.
• While there is no set minimum period for individual redundancies, consultation should be meaningful (often 1-2 weeks with at least two meetings).
• If 20 or more redundancies are happening, a 30-day minimum consultation period applies (the Acas website has more details on collective processes).

Being on maternity leave does not prevent redundancy, but you do have extra protections:

• You cannot be selected for redundancy because you are on maternity leave.
• If redundancies occur, you must be prioritised for any suitable alternative roles, ahead of others.

* * Practical Next Steps For now, focus on understanding the facts and ask for everything to be confirmed in writing.

• Think about what works for you. There may be areas where you are flexible, but clearer limits where a role change wouldn’t work. You just need to keep in mind that there can be cases where the employer can dismiss you if the changed role won't work so take those consequences into account.
• Do not rush into agreeing to a new role or redundancy without checking the full details.
• If in doubt, seek advice before making any final decisions to protect your rights.

I hope this helps.

Dear Bear234

Thank you for your enquiry.

In terms of the non-renewal of contract and the mixed messaging you are getting, this could be direct discrimination on the basis of your pregnancy. In other words, that the organisation are choosing not to renew your contract because of your pregnancy. It may also be an automatic unfair dismissal. The strength of any claim will depend on the evidence and the reasons given by your employer. It is important to build a paper trail, and ask the employer for written reasons for your dismissal, as well as why colleagues and a volunteer are being offered roles and what other roles are available.

By law you must be given reasonable paid time off for all ante-natal appointments to care for you and the baby. You must notify your employer of your pregnancy in writing in order to be entitled to a risk assessment and reasonable health and safety adjustments.

The first step in dealing with this would be to raise a formal grievance under the organisation’s grievance policy and procedure. You should be able to find this in a staff handbook. Otherwise, you can request this from a manager or HR. You should set out all of the information around your complaint and the reasons why you feel that you are being treated unfavourably because of your pregnancy. This should be considered by a manager and you should be invited to a grievance hearing at which you can be accompanied by a colleague or trade union representative.

Please note that if your fixed term contract has been terminated because of redundancy (your employer no longer needs as many staff to do the work), you may be entitled to redundancy pay (if you have more than 2 years' service) and notice pay. You should check your contract. If there is a suitable alternative vacancy you should be offered it and a failure to offer a suitable alternative role, if there is one, may be an automatic unfair dismissal. We have more information on redundancy during pregnancy on our website here: https://maternityaction.org.uk/advice/redundancy-during-pregnancy-and-maternity-leave/

If you are still employed in all or part of the 15th week before your expected week of childbirth you may still qualify for statutory maternity pay from your employer even if your job subsequently comes to an end. If not, you can claim Maternity Allowance. You can find a maternity pay calculator here: https://www.gov.uk/maternity-paternity-pay-leave

There is a strict time limit for starting a claim in an Employment Tribunal of three months (less one day). Time usually starts running from the date of dismissal or the date of the act/decision or last in a series of acts/decisions you are complaining about.

If you are thinking of making a Tribunal claim, you will need to go through ACAS Early Conciliation first. You can complete an online form here to start early conciliation: Early conciliation or telephone the ACAS helpline: 0300 123 11 00. You must start Early Conciliation before the time limit expires. In some circumstances, a tribunal will extend the time where it is ‘just and equitable’ but there is no guarantee that a late claim will be accepted.

An ACAS conciliator will try to help you and your employer reach an agreement. You should think about what you would be willing to settle for e.g. loss of wages for a reasonable period while you look for a new job (usually until your maternity leave would have started) and any other losses, such as loss of maternity pay, an apology and/or an agreed reference.

Unfortunately there are limited options for free legal advice and representation for employment tribunal claims. You may be able to get free legal advice and representation from your union (if you are a member). You should speak to their legal department as soon as possible.

You may be eligible for legal aid if you are bringing a discrimination claim. This is means-tested. You can find a legal aid provider here: https://www.gov.uk/civil-legal-advice or in Scotland: https://www.mygov.scot/legal-aid

I would also suggest checking whether you have any Legal Expenses cover included on any home or car insurance policies you hold as this may cover free legal advice and representation for employment claims.
I wish you all the best

Dear Lioness20

Thank you for your enquiry. You are entitled to take up to one year on maternity leave and your employer should assume that you are taking the full year. If you want to return to work earlier, you will need to give at least 8 weeks' notice. You have the legal right to return to exactly the same job on the same terms and conditions. If there is a good reason why you cannot return to the same job, such as a restructure, you can be offered a suitable alternative role. If you want to change your days, hours or place of work after maternity leave you will need to make a flexible work application. You should do this at least 2 to 3 months before returning wherever possible. There is more information about making a request and the application form on the ACAS website here: https://www.acas.org.uk/flexible-working

You can work up to 10 KIT days without bringing your maternity or pay to an end. KIT days are optional and neither you, nor your employer, can insist on working during maternity leave. If you would like to do some work I suggest contacting your manager to ask. If any KIT days are offered it is important to agree how much you will be paid.

You can give notice to resign during your maternity leave. You do not have to physically return to work during your notice period so you can give notice 3 months before your maternity leave ends.

Legally, the minimum amount of leave your employer must allow you to take within the holiday year is 28 days. If you are not able to take this because your maternity leave overlaps your holiday year, you must be allowed to carry it forward and take it at another time.

Any additional holiday contractual entitlement to paid leave above 28 days must be taken in line with your contract. If your contract does not allow you to carry any leave forward you will need to take it before the leave year ends or ask your employer if they allow any leave to be carried forward where an employee has been on maternity leave or another type of leave, like long term sick leave.

If you are resigning, this is the only situation where you are entitled to be paid for any outstanding accrued leave. However, if you have more than 28 days and your employer does not allow you to carry leave forward you will need to make sure that your employment ends in the current leave year so that you can be paid for all of this year's leave.

I hope it goes well.

Dear Khanga27

Thank you for your query.

A pay rise should not be withheld because of pregnancy or maternity leave. You are not entitled to your normal 'remuneration' (pay) during maternity leave but you are still entitled to any increases that apply to other employees and you would see the benefit of this increase in your pay once you return to work after maternity leave.

However, if the pay rise takes effect at any point from the calculation period for SMP and the end of your maternity leave, you are entitled to have your SMP recalculated as if you have received the pay rise.
This is set out in the HMRC guidance below which you can show your employer:

https://www.gov.uk/guidance/statutory-maternity-pay-employee-circumstances-that-affect-payment

Employee earnings affected by a pay rise

A pay rise must not be withheld because of maternity leave.

You must recalculate the average weekly earnings (AWE) to take account of pay rises awarded, or that would have been awarded had your employee not been on maternity leave.

This applies if the pay rise was effective from anytime between the start of the 8 week relevant period for Statutory Maternity Pay (SMP) and the end of the statutory maternity leave.

If a pay rise is awarded after you’ve calculated your employee’s earnings, and that pay rise is effective from the start date of the relevant period but before the Maternity Pay Period (MPP) ends, you must:

· recalculate the AWE to include the pay rise as though it was effective from the beginning of the relevant period
· pay any extra SMP due.

If you received any enhanced maternity pay from your employer (under their policy), you may be entitled to an increase in any enhanced maternity pay that is payable from the date of the pay rise.

You are protected against unfavourable treatment because of pregnancy and maternity leave. If the fact you have taken maternity leave has materially influenced your employer’s decision not to give you an inflationary pay increase, this is likely to be discriminatory behaviour. Importantly, maternity leave (or pregnancy) doesn’t have to be the only or even the main reason for the unfavourable treatment for it to be discriminatory. Your employer would need to show that your maternity leave had no impact on their decision making and I understand that you have it in writing that this was one of the reasons they haven’t given you a pay increase. I suggest writing back to your employer with the guidance above and to ask why the timing of your maternity leave affected their decision and whether your colleagues have been given a pay rise.

In answer to your second question, you can resign during your maternity leave. You do not need to physically return to work and can remain on maternity leave during your notice period. You would also be entitled to be paid for any accrued annual leave on resignation from your job.

You are still entitled to statutory maternity pay for up to 39 weeks (provided you met the qualifying conditions) even if your job ends during that period. SMP is not repayable unless you start a new job within the 39 week period (in that case you must tell your employer to stop paying SMP from the date you start your new job). Any enhanced maternity pay will be repayable if specified in your contract/maternity policy.

Dear enyacropper

Thank you for your enquiry and I'm sorry to hear about the difficult position this has put you in.

You will need 26 weeks' employment by the 15th week before your expected week of childbirth (EWC) in order to qualify for SMP and your query suggests that you need a longer period of service with your current employer in order to qualify for this employer's enhanced maternity pay. If your contract is transferred to a new employer, your continuity of employment will not be broken and this could also mean that you qualify for any enhanced maternity pay if you meet the terms and conditions.

Your starting point is to check your current employer's maternity policy and to seek specialist advice on whether the transfer will include terms relating to enhanced maternity pay. Assuming that the transfer protects your continuity of employment and includes terms relating to enhanced maternity pay (which the policy may state is non-contractual), you may decide that your best course of action is to be transferred on your existing terms and conditions.

In relation to the posts being advertised by the new NHS employer you will not be able to qualify for SMP from your current employer if you change employers before the 15th week before your EWC. If you remain employed with your current employer until all or part of the 15th week (even one day counts) before the EWC, that employer will remain liable to pay your SMP even if you leave and take up a new NHS role. If you leave your current employment before the 15th week before your EWC, your only option may be to claim Maternity Allowance: https://www.gov.uk/government/publications/maternity-allowance-claim-form

When changing jobs in pregnancy, you will not have sufficient service to qualify for SMP from a new NHS employer, under the rules above, or enhanced NHS maternity pay, as you need to be employed by one or more NHS employers for one year by the 11th week before the expected week of childbirth to qualify for NHS occupational maternity pay. Employers can set their own terms for enhanced benefits and it is unlikely you can claim pregnancy discrimination if you are not able to meet service-related requirements.

Unfortunately it is not uncommon for employees to have different terms and conditions where some have been transferred in but I would also suggest seeking advice on whether NHS terms and conditions could be available to you at some point after the transfer. In other words, if your maternity pay can be protected by accepting the transfer, is there a possibility of harmonisation at some point that would enable you to benefit from NHS terms and conditions in the future?

I'm sorry not to be able to send more positive news but I would recommend seeking specialist advice on the transfer to be sure that it would at least protect your existing enhanced maternity pay entitlement.

Dear Bhavanichettiar

Thank you for your follow up query. Unfortunately, we cannot advise on your visa or any immigration implications but you can find a registered immigration adviser through the Immigration Advice Authority: https://www.gov.uk/government/organisations/office-of-the-immigration-services-commissioner

In relation to your employment rights, there is no easy answer to dealing with disputes at work but it is important to check that you have followed the correct procedures for giving notice for maternity leave and pay as you need to challenge the refusal as well as the other issues. Ordinarily it would be up to you where you wish to spend your maternity leave and, as mentioned before, you can receive SMP (once you have qualified for it) regardless of whether you are in the UK or overseas, but your query suggests that you need specialist advice on the terms of your contract and/or possible secondment.

You will need to follow the process set out in the previous advice to raise the refusal of maternity leave with your employer. You can take sick leave or annual leave, as needed, if you need time away from work while trying to resolve things.

The process for dealing with disputes at work is as follows:

1. Ask if your employer has a maternity policy. If you feel you have done everything possible to deal with it informally, you should now raise a formal grievance.
2. Ask for your employer's grievance policy and raise a formal grievance setting out the issues you are complaining about.
3. Contact ACAS on 0300 123 1100 to start early conciliation within 3 months, less one day, from the date of the act you are complaining about e.g. refusal of work/refusal of maternity leave. A conciliator will help you and your employer try to resolve it and/or reach an agreement during the 6 week conciliation period.
4. If you are unable to resolve it through early conciliation, you can start a tribunal claim. If possible, you should get legal representation in place as set out in our earlier advice.

I appreciate this takes time and you need to resolve it because of the position your employer has put you in. HMRC Statutory Payments Disputes Team can help with refusal of SMP and this can be a quicker process than through a tribunal. If your employer is refusing SMP I suggest letting them know that you are contacting HMRC (who will make contact with your employer). This can at least help to resolve your maternity pay while you seek advice on your visa and pursue the remaining employment issues.

I wish you all the best.

Dear Mamabear360

Thank you for your query. Employers can make pregnant employees redundant, however you will benefit from some additional redundancy protections beginning from the date that you notify the employer of your pregnancy. You are also protected against pregnancy discrimination if you are made redundant because of your pregnancy, however, the strength of any claim would depend on the evidence that you have to show that pregnancy was the reason for your selection. Legally, you do not have to give notice of pregnancy and intention to take maternity leave until the 15th week before your expected week of childbirth so you should consider carefully whether you wish to tell your employer now. I will set out some of the considerations below.

Once you have informed your employer, the special protection continues throughout your pregnancy and during any period of maternity, shared parental or (from 6 April 2025) neonatal care leave. The protected period ends 18 months after either the expected week of childbirth or the actual date of childbirth (if you notify your employer of that date).

Please note that there is no total protection from redundancy, but if a redundancy situation arises during the protected period and it is not practicable for the employer to continue to employ you in your current role, you have the right to be offered any suitable alternative vacancy within the employer or any associated employer during the protected period (if one exists – there is no requirement for the employer to a create a new role where none exists). The right is to be made an offer in priority to other redundant employees. The right is limited to an offer, and so your employer technically does not need to offer a choice of suitable alternative roles if more than one is available (though you can of course ask about these during consultation).

This right to be made an offer of suitable alternative employment is in priority to any offers made to other employees and is different to the right that other employees without this protection have, which is only for the employer to search for any suitable alternative vacancies.

If your employer does not comply, you will have a claim for automatically unfair dismissal. In addition, your dismissal would be automatically unfair if the only or principal reason for your selection for redundancy is your pregnancy or taking maternity leave. There would also be a case of unlawful pregnancy and maternity discrimination if pregnancy or maternity had a "significant influence" on your selection for redundancy.

If you are put at risk of redundancy, we recommend that you mention the protections to your employer during consultation to ensure they are aware. You should also ask about the selection criteria that they have used, to ensure that these are fair and that you will not be disadvantaged; for example, they should not take into account any period of absence related to pregnancy-related sickness or intention to take maternity/parental leave.

If you are made redundant, you may still be entitled to maternity pay and any other redundancy and notice pay you might qualify for.
You may find the following websites helpful:
Redundancy protection for pregnancy and new parents - Acas
Maternity Action: Redundancy during pregnancy, maternity and parental leave