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

[RhiannonEMumsnet]

Free online advice clinic Monday 2 November to Thursday 5 November.

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 and pay, your request for flex work, your rights as a pregnant worker, or think you may have been discriminated against by your employer because of pregnancy or maternity leave, this is the place for you.

The clinic takes the form of a Q&A on this thread and will run from Monday 2 November to Thursday 5 November. The Maternity Action team will do their best to provide all answers during that time and at the latest by Friday 6 November. More information on where to go for more help once the clinic has ended is here.

How it works:

If you have a question about your rights at work during pregnancy, maternity or parental leave, post it below before 5pm on Thursday 5 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.

Please send your name and the name of your employer by private message to MaternityActionfreeadvice so that it can be passed on to the volunteer who will answer your query to do a conflict of interest check. All names will be confidential and will not be posted on the forum. We cannot answer your query 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.

I returned from maternity leave at the beginning of October. I took the extended leave option on my first day back in Work. I walked up to where my seat had been to find my maternity cover still in my seat and my belongings still in a box. After 45 minutes I was summoned to be informed that I would no longer be winking under that team or manager. I was moved to another team with another manager. When I asked why they stated “they could move people as and when they required” I asked them to confirm if my role and duties still existed they confirmed this. Asked if there had been a restructure they stated no. Asked if a return from maternity assessment had been carried out they said it wasn’t needed because they maintained my banding, salary and hours. This new role however has a drastically reduced work load and responsibilities. I did manage 2 NHS trust, 4 NHS payrolls & 3 colleagues. I now manage 2 NHS trusts, 2 payrolls and 1 colleague. This role doesn’t require me to do data Inputting or be hands on with the trust. Everytime I ask why I was moved they dance around the why question and fill it with other business needs jargon. I also found out my maternity cover went for this new role I’ve been given and instead of giving it to her they decided to permanently keep her in my old job. I also asked when the decision had been made, they said early summer. I did kit days in July for my old team, no one said anything. I’m extremely frustrated, I never saw this coming I had previously been in that role for 9 years and I have never ever had any issues raised against me for work performance. Can they do this? Please help advice me. They are forcing me to sit down with HR in November.

Hello! I hope Paternity pay questions can be asked as well as maternity pay questions? My husband and I are both self employed, pregnant with twins and I know that there is no paternity pay for self employed dads. My husband is a subcontractor (decorator) and taxed at-source under the government's Construction Industry Scheme (CIS). He's self-employed in the sense that he has to do an annual self-assessment/tax return. However in many other aspects he's been classed by the government as employed, for example whenever we did his Leave To Remain visa applications (NB he now has settled status, unlimited LTR).
We recently completed the employment status checker on the government's website and on that he was classed as Employed; he has worked for the same employer exclusively for 8 years, he wears their uniform, uses their tools, he's covered under their public liability insurance, he cannot sent a substitute to do his work, his boss determines where and how he works, he is not employed on a project-by-project basis etc. Its a grey area for so many subcontractors. If he is indeed classed as employed in the government's eyes, what do we need to do next? I don't know where to take this information and can find no further info on the .gov sites or Maternity Action and am going in circles. Sadly I've tried the Maternity Action contact form for weeks but can never access it because it always says "we've reached our limit for enquiries". All advice very gratefully received, thank you!

My mat leave officially doesnt start until 14th december 4days before my babys due date. I have been in and out of hospital for the past week and a half being seen by the small baby clinic as my baby is meassuring small and also been seen by the hypertenstion clinic and day assesment in between twice a week. I have already called in sick for 1week but now my work are asking for a sick line from today. They have told me that if im not returning my mat leave would have to officially be brought forward by 1month starting on the 16th nov instead of 14th dec. My dr has advised that they can give me a sick note to last me right up until the 14th dec if i need it. I want to know my rights if this is possible or if it depends on the company policy?

I am a Managing Partner returning from maternity leave. When I left for maternity leave last year I handed over my projects and responsibilities over to another Managing Partner (2 of us in total but also a Managing Director who reports to the board on our behalf.)

That particular MP left the business earlier this year.

I was told by the MD that we were hiring a replacement for him. At the time I asked if that was necessary if I was to take back responsibilities on my return, but he said it was.

However, when the external hire began their role, they subsequently issued a public press release announcing her as the MD, completely bypassing my right to be notified of or apply for that senior leadership role. For context, this wasn't a newly created role, as the person already in the MD role was moved to another role.
However, the new MD still inherited my responsibilities by default from the previous MP leaving.

In the build up to my return, I met with the new MD for a KIT day. We agreed on a structure where she would move into a group role and I would return to lead the company on my own as MP. She also mentioned that she had a target from the Leadership to reduce headcount and that the company was restructuring so there was a big job to be done. I then ended my maternity leave and took some accrued holiday before my return to work.

However, just days before my unofficial return, HR called me to say the company hasn't been doing well, and that the CEO had rethought their strategy. I have also never met the CEO as he was hired whilst I've been on maternity leave. Because of this theres no longer a need for the Managing Partner role and that the business is restructuring. They are making my Managing Partner role redundant immediately and will organise a call to discuss other available roles at the business.

On the call, the HR contact also told me that they are sorting my redundancy first because 'it didn't feel right' to bring me back for a few weeks. They confirmed that the wider team in the business is being placed on a redundancy assessment pool in a few weeks' time. They have completely insulated the new external MD from this process.

When I asked her why this is legally ok from their perspective, she said that the MD title is different to the MP role.

Given that her role was formulated from the previous departing MP and by default she took on my projects and responsibilities when she was hired, surely this isn't legally ok and would be seen as maternal discrimination?

And even if it is, I should have been given the opportunity to put myself forward for the MD role when the opportunity came up? So another breach in this case too.

Hi, I'd really appreciate some advice on how maternity leave and Shared Parental Leave should work in our circumstances, as I'm receiving conflicting information from my employer.

My EDD is 12th February 2027 and I plan to start maternity leave on 8th February 2027. My understanding is that I can take up to 52 weeks of maternity leave, with up to 39 weeks of SMP. My employer also offers an enhanced maternity benefit of 12 weeks at full pay, inclusive of SMP.

My husband intends to take two weeks of paternity leave initially, followed by a 4-week period of Shared Parental Leave (SPL) starting on 1st March 2027. The intention is for him to be on SPL while I remain at home on maternity leave. I was under the impression that this is permitted, provided I give binding notice of a future date to curtail my maternity leave.

However, my employer has advised me that I should be recorded as being on SPL from 1st March 2027 to 10th October 2027. They have also said that, because SPL is not covered by their enhanced maternity scheme, only the first three weeks of my SMP would be enhanced to average weekly earnings, with my pay reverting to the standard SMP rate from week four.

I'm confused as to why I would need to switch to SPL myself when it is my husband who intends to take SPL. I also don't understand whether his starting SPL should have any impact on my maternity leave, SMP or enhanced maternity pay while I remain on maternity leave.

My intention is to take 40 weeks of maternity leave myself, with my husband taking his intended period of SPL alongside this where possible. I had thought that my maternity leave curtailment date would therefore be in October, rather than March, but I'm now unsure whether this is correct and how the available shared leave and pay should be allocated.

Could someone please clarify:

1. Can my husband start SPL on 1st March while I remain on maternity leave and receive SMP?
2. If so, should I be recorded as remaining on maternity leave until my intended October curtailment date, rather than being recorded as on SPL from March?
3. Does my husband's SPL have any effect on my entitlement to SMP or my employer's enhanced maternity pay?
4. How should the remaining maternity leave and pay entitlement be calculated and divided between us?
5. Is my employer's interpretation of the rules correct?

I'd be really grateful for some clarity, particularly before I agree to or submit any formal curtailment or SPL paperwork. Thank you!

I’m currently on maternity leave and at risk of redundancy, with my role due to be removed on 31 December 2026.
Under maternity-related redundancy protection, I understand I have priority for any suitable alternative vacancy within my employer’s organisation.
I’ve identified another available role which I believe is suitable, as there is significant overlap with my current responsibilities and I have the skills and experience to undertake it.
However, my manager is refusing to consider it a suitable alternative because it sits within a different internal sub-band and includes some different responsibilities. I am therefore not being offered the role and am being told I would need to go through an interview process.
I’d like advice on:

1. How is suitability legally assessed, particularly where a role has a different internal grade or some different responsibilities?
2. Can an employer reasonably deem a role unsuitable on these grounds alone, where the employee has relevant transferable skills and experience?
3. What evidence should I request to challenge the employer’s assessment, and how can I formally dispute their decision?
4. If the role is a suitable alternative vacancy, can my employer require a competitive interview rather than offering it to me as a priority?

I want to remain with the company and understand how best to challenge the decision and ensure my maternity redundancy rights are upheld

Are Warwickshire County Council legally within their rights to pay me 1/365 for a shared parental leave in touch day or should they pay me 1/195 in accordance with what I actually work?

Hi, I'd really appreciate some legal advice on my situation.

I'm currently 20 weeks pregnant, due 24 March 2027, and five months into a six-month probation period. I started my role on 9 June 2026.
Today (3 November), I was informed that my role is at risk of redundancy due to a proposed restructure. I've been told my senior position is no longer commercially viable and that responsibilities will be redistributed to existing teams and overseas resources.

What concerns me is the timing and events leading up to this:

• I formally notified my employer of my pregnancy, and approximately two weeks later had my first significant negative feedback meeting.
• During that meeting, my manager questioned whether my commute was affecting my enjoyment of the role, referring to my original plans to relocate closer to London and asking how I would manage the commute when heavily pregnant.
• This same manager has been involved in the decision to put my role at risk of redundancy.
• Prior to today's announcement, there had been no mention to me of any potential restructuring, budget cuts or changes to my role.

I'm now entering redundancy consultation, with a follow-up meeting expected early next week. My contract provides just one week's notice during probation.
I'd really appreciate advice on:

1. Potential discrimination: Does the timing of the negative feedback, pregnancy-related comments and subsequent redundancy raise grounds for a pregnancy discrimination claim?
2. Redundancy rights: What protections do I have while pregnant and still on probation? What should I be asking or challenging during consultation?
3. Maternity pay: I'm approaching 26 weeks of employment in December. If I'm made redundant before qualifying for Statutory Maternity Pay, could I lose that entitlement? Is there anything I can do to protect it?
4. Compensation: Given the circumstances, could I have grounds to negotiate an enhanced redundancy settlement despite having less than two years' service?

I'm particularly concerned about losing my income and maternity pay so close to my due date and being in a difficult position to find a new job half way in to my pregnancy.

Any guidance on my rights and the best next steps would be hugely appreciated. Thank you!

Good morning,

Please do remember to send your name and the name of your employer by private message to MaternityActionfreeadvice so that it can be passed on to the volunteer who will answer your query to do a conflict of interest check.

All names will be confidential and will not be posted on the forum.

We cannot answer your query until you have sent this information.

I started my Maternity leave in January 26. I did my first KIT day in September and found an email with about a Voluntary Redundancy window in May. I received no notification of this window (I did receive other company messages to my personal email and had discussed with my manager being informed of opportunities during my leave before I started it). I would have applied had I been notified but now it’s months too late. Should I have been informed of the VR programmes during my leave? If so, what recourse do I have available to me?

Hello- I need to pay back my enhanced maternity pay because I returned to work for 4 months (rather than the required 6) and then moved to a new job. Unfortunately there was no sliding scale in the letter I signed so I do need to pay back the full amount.

Of course this will affect my tax for the year, including for the months before I went on maternity leave. When calculating the amount I owe, do my work need to factor in the amount I will have effectively overpaid in the two months before my maternity leave, or should I be talking to HMRC about this? This is relating to tax year 2025-2026. Thank you!

My wife and I are expecting our first child in January 2027 and are trying to understand our family leave options before discussing arrangements with payroll/HR.

My wife is a Teaching Assistant at a Primary School (Hertfordshire) on a term-time-only contract. She works 32.5 hours per week for 39 weeks per year, has less than five years' service, and is covered by the NJC Green Book, including the term-time-only provisions in Part 4.12.
We are considering a leave plan where:

• My wife takes 26 weeks' maternity leave. • My wife then takes approximately 14 weeks of Shared Parental Leave (SPL). • I take approximately 12 weeks of SPL.

We have two main questions:
Firstly, does annual leave continue to accrue throughout both maternity leave and SPL for a term-time-only employee covered by the Green Book? We are trying to understand whether any accrued annual leave could be taken before my wife returns to work.

Secondly, because my wife works term-time only, we are trying to understand whether it is permissible to structure leave so that she is "back at work" during school holiday periods when there is no requirement for her to attend work, while reserving SPL for term-time weeks that would otherwise be working weeks.

Our ultimate aim is to determine whether a combination of maternity leave, SPL and accrued annual leave could allow her to delay her return until after the Christmas school holidays and return in January 2028.

We have prepared a spreadsheet modelling a possible leave pattern and annual leave accrual calculation and would be happy to provide it if useful.

We are not seeking to challenge any employer policy and have not yet approached payroll. We simply want to understand our rights and the types of arrangements that may be possible before starting formal discussions.
Thank you for any guidance you can provide.

Hello - can you provide a link/ give more advice on how to do this? Do we need to go through the email support service on the maternity action website as well?

Hi, you can click on the three dots to the right of this message and PM us.

Alternatively go to the top of your MN screen and access messages via the dropdown next to the person icon.

Thank you

Pregnant, on a PIP, severe pregnancy-related health issues and worried about dismissal before maternity leave. What are my rights?
Hi!
I'm hoping to get some urgent legal advice as I'm currently in a very stressful situation with my employer.
I'm approximately 24 weeks pregnant, with my baby due in February 2027. I work full-time in a sales role for a large company in England.
Since early pregnancy, I've been experiencing significant fatigue, difficulty concentrating, brain fog and sleep problems. More recently, I've also developed severe anxiety, depressive symptoms and high blood pressure.
These symptoms have substantially affected my ability to work at my normal capacity, particularly when preparing for customer meetings, processing information and managing my workload.
My current employment situation
I've been placed on a formal Performance Improvement Plan (PIP), which is due to conclude on 20 November 2026.
The PIP includes demanding weekly activity and revenue-generation targets. I have explained to my manager and HR that my pregnancy-related symptoms are affecting my ability to achieve these targets.
I requested temporary adjustments, including reducing my weekly customer meeting target from eight to five and reviewing my pipeline-generation expectations accordingly.
Although some targets have been reduced, my employer has not agreed to the adjustments I've requested and has continued assessing me against the existing expectations while awaiting Occupational Health advice.
Medical evidence
My GP has now issued a fit note identifying stress, fatigue and high blood pressure, stating that I may be fit for work with amended duties and recommending reduced hours.
I also had an Occupational Health assessment on 3 November. During the assessment, I scored 21/21 for anxiety (GAD-7) and 20/27 for depression (PHQ-9), both in the severe range.
The Occupational Health adviser expressed concern about whether I am currently fit to work and personally felt I may need time away. She is preparing a report recommending possible workplace adjustments.
I have been trying to continue working because I am terrified of losing my employment and maternity benefits.
My maternity pay concerns
My employer provides 20 weeks of enhanced maternity pay at 100% of base salary.
HR has confirmed in writing that being on a PIP or receiving a written warning would not affect this benefit, but that if I am dismissed before my maternity leave begins, I would not be eligible for enhanced maternity pay.
My Statutory Maternity Pay qualifying week is 8–14 November, and the earliest I can begin maternity leave is 6 December.
I am considering taking medically certified pregnancy-related sickness absence from mid-November until maternity leave begins, if my GP considers this appropriate.
However, my PIP is scheduled to conclude on 20 November, and I'm extremely worried that my employer could dismiss me during sickness absence, before my maternity leave starts.
My questions are:

1. Can my employer lawfully continue assessing me against the existing PIP targets when I have documented pregnancy-related health conditions affecting my ability to meet them? Should they be adjusting the targets and allowing a reasonable period to demonstrate improvement?
2. If I take medically certified pregnancy-related sickness absence, can my employer still conclude the PIP and dismiss me while I am signed off? Would they be expected to pause the PIP?
3. If I am dismissed before 6 December, could this constitute pregnancy discrimination or automatic unfair dismissal, particularly given that my performance difficulties are linked to pregnancy-related illness?
4. If I remain employed during my SMP qualifying week but am subsequently dismissed, would I retain my entitlement to SMP?
5. If I begin maternity leave on 6 December while still employed, can my employer subsequently dismiss me and stop my enhanced maternity pay, or would I have any protection under the scheme?
6. My employer provides 10 days of fully paid incidental sick leave, followed by up to 11 weeks at 60% salary. I have discovered that some of my incidental sick leave was used for pregnancy-related medical appointments. Should these have been recorded as paid antenatal appointments rather than deducted from my sick leave allowance?
7. Given the severity of my medical symptoms and the approaching PIP deadline, what immediate steps would you recommend to protect my employment rights and maternity pay?

I want to emphasise that I genuinely want to work and perform well. I have repeatedly asked for achievable temporary adjustments so I can demonstrate improvement, but my health has deteriorated significantly. I'm now in a position where I feel medically unable to continue at my current workload, but I'm frightened that taking the sickness absence I may need could result in dismissal and the loss of my enhanced maternity pay. Any advice would be hugely appreciated, particularly given the PIP deadline of 20 November. Thank you so much.

I’m looking for some initial employment law advice regarding a potential redundancy situation following a recent company acquisition.

I’m currently on maternity leave. Following the acquisition, the new parent business advertised a role that appears to be almost identical to my existing position. I wasn’t notified of the vacancy and only became aware of it independently. I’ve since applied and been invited to interview.

This is particularly concerning because employees have been told that redundancies are expected to be announced in January 2027. Had I not spotted and applied for this vacancy, someone else could have been recruited to carry out essentially the same role I currently do. I’m concerned that, when redundancies are announced, I could then find myself at risk of redundancy because someone else has effectively taken over my role in the newly combined business, despite me being on maternity leave.

I’d like to understand my employment rights and whether the way this has been handled raises any concerns around maternity protection or discrimination.

I’d be grateful to know whether you offer a free initial consultation and whether this is something you could advise on.
Many thanks,

in 2024, my baby was born at full term but died when he was three weeks old. I took maternity leave as usual and then returned to work when I felt able to. I then found out I was pregnant again and in the November 2025 , I went on sick leave due to the anxiety of this new pregnancy and the stress of what had happened with my previous baby. I took four months of pregnancy-related sick leave.

in September this year, I took voluntary redundancy due to relocation. I have just been offered a new job but they have asked me about any absences in the last 12 months. Do I need to declare my leave to them legally? I haven’t told them about the loss of my son yet.

thank you