Hampshire &amp; Isle of Wight

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Having sorted out childcare and all the other life admin associated with maternity leave, most mums returning to work understandably expect to pick up where they left off. Sadly, that’s not always the case, something Charlotte Farrell and Tabytha Cunningham, partners and employment law specialist at Hampshire’s <a href="https://parissmith.co.uk/" target="_blank" rel="noreferrer noopener">Paris Smith Solicitors</a>, know well. &nbsp;



We asked for their top tips to help new mums and pregnant employees swerve the most common issues – and what to do if things aren’t what you expected. Tabytha and Charlotte, it’s over to you.



The right to take maternity leave is relatively well known – as an employee you have the right to take up a year off work as maternity leave, regardless of how long you have worked for your employer.



If you’ve been employed by your current employer for at least 26 weeks before your qualifying week (which is calculated by counting backwards 15 weeks from the week of your due date) and earnt at least £123 a week in that week you’ll also be entitled to 39 weeks statutory maternity pay. This is calculated as 90% pay for the first 6 weeks and 33 weeks at the statutory rate (currently £172.48 a week), or 90% pay if lower.



<h2 class="wp-block-heading" id="h-before-you-go-on-maternity-leave">Before you go on maternity leave</h2>



Although you don’t have to tell your employer you’re pregnant until 15 weeks before your due date, it’s important to be aware lots of the legal protection only applies once your employer knows you’re pregnant.



It’s particularly important to tell your employer as soon as possible if you have health and safety concerns about your role, for example, because it involves heavy lifting. When you’re pregnant your employer is required to assess any workplace risks posed to you. If any significant risks are identified they should alter your working conditions, offer suitable alternative work to you, or ultimately suspend you on pay to avoid these risks.



If you’re unlucky enough to suffer with severe sickness or other symptoms which affect your ability to work, it’s important that you make it clear to your employer that these are connected to your pregnancy. There is specific legal protection in place to protect employees from less favourable treatment in relation to pregnancy related sickness.



<h2 class="wp-block-heading" id="h-during-maternity-leave">During maternity leave</h2>



The most common complaint during maternity leave is employers failing to keep in touch with employees. During your leave your employer is expected to make reasonable contact with you and keep you informed of important developments at work.



It’s best practice for employers to ask your preference before your leave starts as to how much contact you want. If your employer doesn’t raise this, we recommend you make your preference clear. For example, whether you still want to receive workplace newsletters, invitations for team lunches and so on.



Remember that you should also be informed of any promotion opportunities which arise during your leave – and have the opportunity to apply.



You also have the opportunity to take up to 10 keeping in touch days (KIT) during your maternity leave. These can be used for example to attend a team training day. If there are specific events you would like to attend, particularly nearer your planned return, make this clear to your employer up front.



<h2 class="wp-block-heading" id="h-returning-to-work">Returning to work</h2>



<figure class="wp-block-image size-full"><img decoding="async" loading="lazy" width="1500" height="1000" src="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/02/Woman-laptop-baby-home-working.jpg" alt="Woman and baby home working flexible working maternity leave" class="wp-image-34313" srcset="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/02/Woman-laptop-baby-home-working.jpg 1500w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/02/Woman-laptop-baby-home-working-800x533.jpg 800w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/02/Woman-laptop-baby-home-working-1000x667.jpg 1000w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2024/02/Woman-laptop-baby-home-working-768x512.jpg 768w" sizes="(max-width: 1500px) 100vw, 1500px" /></figure>



The most common issue employees face on their return to work is discovering changes have been made to their role. If this happens, it’s important to know your employer shouldn’t have made significant changes without consulting you &#8211; and you&#8217;ve the right to return on the same terms as before you left.



If your employer has altered your responsibilities – or made other detrimental changes – you might be able to argue this is discriminatory on the grounds of gender. (I.e. they have only taken this action against you because you&#8217;re a woman who took maternity leave).



Another common issue is if an employer decides to remove or restructure your role. In this situation, it’s important to be aware there&#8217;s specific protection for employees on maternity leave. In a redundancy, you’re entitled to be offered any suitable alternative vacancies in priority to other employees. From 6 April 2024, it’s proposed this protection will be extended to protect employees during their pregnancy and for an additional period after their return to work &#8211; usually six months. Likewise, you shouldn’t be put at a disadvantage in any selection process because of your maternity leave.&nbsp;



Finally, you might want to alter your working arrangements on your return from maternity leave, for example, by reducing hours. If so, you’ll need to <a href="https://hants.muddystilettos.co.uk/life-2/flexible-working-2/" target="_blank" rel="noreferrer noopener">make a flexible working request</a>. Your employer should reasonably consider this and invite you to a meeting to consider it before they make a decision. You should also be offered a right of appeal.



When making a flexible working request it’s important to consider what will work for you and how you think it can be managed within the business. You should make your request in good time before your return to give time for it to be considered and for you to put childcare in place.



<h2 class="wp-block-heading" id="h-what-to-do-if-you-have-concerns-about-your-maternity-leave-arrangements">What to do if you have concerns about your maternity leave arrangements?</h2>



If you have concerns about how your employer has dealt with your maternity leave arrangements you should raise these with your manager or with HR.&nbsp; If you’re still concerned, you might want to raise a formal grievance under your employer’s grievance procedure. Should the concerns relate to a flexible working request outcome or a redundancy decision, remember that you have the right to appeal the decision.



If your employer fails to address the issue, you could consider bringing a claim for pregnancy and maternity or sex discrimination. You have three months less a day from the last act of discrimination to bring a claim so you should seek advice promptly to make sure you brought any claim in time.



For specific legal advice relating to maternity leave, contact Charlotte Farrell or Tabytha Cunningham. Email ER@parissmith.co.uk, Tel. 023 8048 2134.

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