My employer’s said I have to make time up if I go to antenatal appointments, is that right?
No, you have the right to paid time off for antenatal appointments, although your employer does have the right to see your antenatal appointment card to confirm appointment times. Please call us if you continue to experience difficulty in getting paid time off for antenatal appointments.
I work part-time and have been asked me to make antenatal appointments outside of my working hours.
Your employer can ask you to try and arrange appointments outside of your working hours but you have the same rights to paid time off for antenatal appointments as a full-time employee. So your employer cannot insist you attend antenatal clinics outside of your working hours if it’s not possible. If you employer does insist, please call us.
As part of my job, I have to lift heavy parcels, should I have to now I’m pregnant?
Your employer should carry out a risk assessment and any risks should be removed. If not, contact us.
I work with chemicals, some of which are toxic, what precautions should I take as I’m pregnant?
Your employer should carry out a risk assessment and provide you with appropriate personal protective equipment. If the chemicals present a risk to your unborn baby, your employer must remove you from exposure to the chemicals either by offering alternative work, if available, or suspending you on full pay whilst you are pregnant. If your employer has not done this, please contact us.
I work in a shop and have been told I can’t sit down and have to stand. Can my employer do this?
You may be at risk whilst pregnant if made to stand or sit for extended periods and your employer should carry out a risk assessment and make necessary adjustments. If your employer has not done this, please call us.
I can’t do my usual job. My employer has another job for me but wants to pay me less, can they?
No. You must be offered suitable alternative work on similar terms and conditions if you cannot do your usual job because you are pregnant. If you are offered an alternative job on less favourable terms and conditions then you could argue that the alternative job is not suitable. If a suitable alternative job cannot be found, you can be suspended on full pay whilst you are pregnant. Please contact us to discuss your specific circumstances.
I used to get good appraisals but since I became pregnant my line manager’s started to criticise me.
You should not be treated less favourably due to your pregnancy or maternity leave. If you are treated less favourably because of pregnancy, you may have a sex discrimination claim, contact us to discuss your specific circumstances.
My employer says that commission I earn in the month before I start maternity leave won't get paid.
It's common for commission to be paid in arrears, eg commission earnt in April to be paid in May where paid monthly. You are entitled to be paid all commission earnt before your maternity leave during your maternity as usual. If your employer refuses to do pay any commission or payments you are entitled to, contact us.
I was told I wouldn't get a pay increase because I'm on maternity leave. Is this right?
Your employer should not deny you pay increases because you are on maternity leave. If all other employees have been given a pay increase and you have not, then you may have a claim for sex discrimination. Contact us to discuss your specific circumstances.
I was off sick due to pregnancy and have been asked to a disciplinary meeting about my sickness.
Your employer should not discipline you for taking time off sick with pregnancy-related problems. Depending on how much time you had off sick, you would be entitled to statutory sick pay and any contractual sick pay as you would if you were off sick with any non pregnancy-related illnesses. If you have been disciplined for taking time off with pregnancy-related illnesses, you may have a claim for sex discrimination, please contact us to discuss your specific circumstances.
I usually work a nightshift but my midwife says I should work days but there aren't any day shifts.
If your midwife or doctor recommends you no longer work night shifts due to health and safety reasons whilst you are pregnant, then your employer should find you suitable alternative employment during the day. If no suitable alternative employment is available, your employer can suspend you on full pay instead. If you are unsure about where you stand, please contact us to discuss your specific circumstances.
I’ve been told I’m going to be made redundant, but I’m pregnant, can I be made redundant?
You cannot be made redundant because you are pregnant. You can, however, be selected for redundancy for valid reasons – see also our FAQs on redundancy.
I’m on maternity leave and have been told my job is at risk of redundancy, can I be made redundant?
You cannot be made redundant because you are on maternity leave. You can, however, be selected for redundancy for other valid reasons. As you are on maternity leave, your employer must automatically offer you a suitable alternative job if one exists. Please see our Redundancy FAQs.
I want to apply for an internal vacancy but am due to start my maternity leave, can I still apply?
Yes, your employer must consider you for the vacancy just as they would for any other internal candidate. If you were not considered for the vacancy because you are due to go on maternity leave, you may have a claim for sex discrimination. Please contact us to discuss your specific circumstances.
I was due to be promoted but my employer wants to delay it until I return from maternity leave.
Your promotion should not be delayed because you would be denied access to any benefits that come with promotion, such as increased pay or other benefits such as health insurance or a car allowance. If your employer insists on delaying your promotion until you return from maternity leave, you may have a claim for sex discrimination, please contact us to discuss your specific circumstances.
My employer wants me to attend a 1 hour course on 1 Keeping In Touch day and says that's a full day.
Any work carried out on any day whilst you are on maternity leave counts as a Keeping In Touch day, so even just an hour’s work on one day will count as a full Keeping In Touch day. It may be possible for you to arrange with your employer to do other work on that day as well to get the full benefit of a Keeping In Touch day. If you have any problems with arrangements for Keeping In Touch days, please contact us.
My employer asked me if I wanted to return to work, but I’m on maternity leave, can they ask me?
Your employer can make informal enquiries but you have the right not to reply. Your employer cannot ask you to answer a question about whether or not you wish to return to work or give a deadline for your answer. Your employer can make reasonable contact whilst you are on leave, for example, to let you know of internal vacancies or other announcements of which you need to be aware. If your employer harasses you to return to work or threatens that you will lose your job if you don’t reply, then you will probably have a claim for sex discrimination, please contact us to discuss your specific circumstances.
If you intend to return to work on your due date, you can simply turn up for work on your due date. If you intend to return to work before your due date, you need to give your employer at least eight weeks’ notice. If you decide not to return, you must give the notice set out in your contract of employment.
I did an alternative job whilst I was pregnant. My employer wants me to return to that job.
If you had to do a suitable alternative job whilst you were pregnant due to health and safety reasons, your employer should not ask you to return to the alternative job. You have the right to return to your normal job after your maternity leave or a job on similar terms and conditions as your normal job. Doing an alternative job whilst you are pregnant for health and safety reasons does not change your terms and conditions of employment (unless such a change was specifically agreed) so your employer is not entitled to insist you return to the alternative job. Please contact us to discuss your specific circumstances.
I want to return part-time. My employer said I have to do full-time or I'll be dismissed.
If you are refused to be allowed to return on a part-time basis after maternity leave because of childcare commitments, you may have a claim for indirect sex discrimination as statistically women usually take the primary child caring role so any requirement on you to work full-time after maternity leave, which cannot be justified, would put you at a disadvantage. An employer can refuse a request for flexible working if there are sound business reasons for doing so. Please contact us to discuss your specific circumstances.
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