Legal advice for working mums: 6 things you should know
"The law is equal before all of us; but we are not all equal before the law" said George Bernard Shaw. To make things a bit more equal for Alpha Mummies, we asked Russell Jones & Walker, a leading employment law firm, some of the questions we hear most often here at AM - about pregnancy and maternity leave, flexible working and employing childcare. They also answered, gratis, some specific questions by AM readers, although the mums in question have asked us to keep those private. We hope to be doing more of these kind of things in the future, so let us know about the kind of expert advice we could help broker.
(PS - one mum wrote in but her email has been lost in the deluge of the AM mail box. Contact us if you wrote in a letter that started "I decided to take 6 months maternity leave - OML, partially because I felt it gave me better protection on returning to the same job than AML, but primarily for financial reasons. I calculated my date of return to be exactly 6 months..." - and we'll send your legal advice.)
Q. Do you have to notify an employer when interviewing for a job that you are pregnant?
A. There is no specific legal requirement to inform a prospective employer that you are pregnant at the interview stage. If a decision is taken not to recruit you because you are pregnant, that would amount to unlawful sex discrimination.
Q. Is an employer legally obligated to give employees "reasonable" time off for family emergencies?
A. Employees are entitled to unpaid time off work for dealing with emergencies involving a dependant i.e. a husband, wife, partner, child or parent or someone living with the employee as part of their family. The DTI have published a guidance leaflet called "Time off for Dependants - a guide for employers and employees" which sets out the provisions.
Q. What's the best way to make a case for flexible working or going part-time in your job, from a legal standpoint?
A. Write a letter to your employer that states you are making a formal request under the Flexible Working Regulations 2002. You should clearly set out what arrangement you are requesting. It would also be helpful to show that you have considered the potential impact on your employer's business and how your proposed arrangement will minimise any disruption to your employer. You are entitled to a meeting to discuss your request (except if it is granted) which you should attend and to which you are entitled to be accompanied by a work colleague.
Q. After taking maternity leave, am I obligated to go back for a certain amount of time?
A. You are entitled to statutory maternity pay and maternity leave if you meet the qualifying requirements. You are not obliged to return to work in order to enjoy the statutory benefits. However, you may be entitled to contractual benefits (which are often much better than the statutory benefits) and there may be a contractual requirement to remain in employment after receiving contractual maternity pay; that depends on what your contract says.
Q. If a nanny/aupair overstays their visa are you, as their employer, liable if they should be found out?
A. The employer is obliged to check the status of the visa of any employee including au pairs/nannies and can be held liable for employing anyone without valid legal status to work in this country.
Q. Is it possible to enforce a confidentiality clause in a nanny's contract. What is the legal status of such a clause?
A. A confidentiality clause in any contract of employment (such as a nanny’s contract) should be enforceable by way of an injunction or, if appropriate, a claim for compensation. The terms of the confidentiality clause should be clearly drafted to ensure maximum effectiveness.
