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.

Comments

[full-timer]

Following telling a prospective employer that you are pregnant, how can you prove that they are discriminating against you because you didn't get offered the job? I have recently been for several interviews, which went well. Following the first, the company were on the verge of making me an offer. On returning for a second interview to meet other staff, I told them I was pregnant (because I wanted to be honest with them). Possibilities of working on a contract until maternity leave were discussed at the time. Shortly afterwards, they backed out of the offer, giving no indication that there was any other valid reason for not employing me. Fortunately this was not the same attitude I received at other interviews and am now about to start a new job.

[full-timer]

Following telling a prospective employer that you are pregnant, how can you prove that they are discriminating against you because you didn't get offered the job? I have recently been for several interviews, which went well. Following the first, the company were on the verge of making me an offer. On returning for a second interview to meet other staff, I told them I was pregnant (because I wanted to be honest with them). Possibilities of working on a contract until maternity leave were discussed at the time. Shortly afterwards, they backed out of the offer, giving no indication that there was any other valid reason for not employing me. Fortunately this was not the same attitude I received at other interviews and am now about to start a new job.

[Jane]

That's OK, because at first sight it looks like the name of the poster is above, not below the post. As for your point, well, to be strictly 'good' you shouldn't exploit your employer by not telling them you are pregnant. However, I could see it would be tempting to 'screw them' if they are a big rich multinational that chucks money around like water and pays zillion quid bonuses to top execs etc etc etc, because then I don't suppose I'd feel that 'responsible'.

[evee]

sorry that was dor sipu, not jane. my apologies

[evee]

In retort to jane....what would happen if you had just moved somewhere new, found out you were pregant, but couldnt afford not to take up emplyment. would you then tell your interviewer you were pregant? youi wouldnt be likely to get the job would you!

[michael jones]

That was a wonderful article! Thank you for it! I was searching for some information about maternity leave and i am happy that i've found that!

[michael jones]

That was a wonderful article! Thank you for it! I was searching for some information about maternity leave and i am happy that i've found that!

[jane]

An interesting article, that highlights the urgent need for flexible and part time working for those with dependents to become a statutory right, not a privilege granted to employees. We are not going to solve the 'paid-working mother/child-caring mother' dilemma until that happens. I absolutely agree about Unions - join one now, everyone. They are the only organisations that fight for YOU. Every paid-working mother (I refuse to call them by that divisive, elitist and offensive name - 'alpha-mummies') should be lobbying hard, through her unions and any employee councils, for their employers to make flexible/part time working the norm for them.

[Sipu]

How ridiculous and how dishonest, that a woman need not alert her prospective employer that she is pregnant.

[Sister Alison]

Ladies - this information is easy enough to get - if you're a Union member. Part-timers with complex domestic/work arrangements are really vulnerable to being taken for a ride, and having the union in your corner can redress the balance. It's important and not expensive, and by no means a male preserve these days.

[Mother at Large]

BTW, I like this posting so much I've followed up some of the points you make in an entry at my site - http://www.motheratlarge.com - hope it's okay to include the url here.

[Mother at Large]

We'll see about my chances as a 70-year-old on the milk round, Supermother. Once was quite enough for me in that game, thank you all the same.

[supermother]

Also it's useful for those of us alpha mummies who employ people. As someone who had has two nannies off on maternity leave over the year we see it from both sides.

Motheratlarge you might be helped by age discrimination laws. In theory the spry 70 year old should have as much change on the university milk round as the nubile 21 year old.

[Mother at Large]

Thank you so much for putting this information together. What a brilliant idea - there's definitely a need for more information here. I speak to so many mums who aren't fully aware of their employment rights, and hear of bosses who don't hesitate to exploit that lack of awareness. The law seems to change so fast in this area as well, it's great to have a guide like yours that sets out where we stand. Personally, I despair of ever managing to notch up some decent maternity leave. I packed in a fully-time job to move to Edinburgh with my husband, and ended up freelancing from my bedroom while pregnant. Since then I've been either breastfeeding or pregnant, and the odd bit of freelance work is all I can manage right now. I fear that by the time I manage to get a foothold in the workforce again I'll be too old to reproduce, hence any maternity-related employment rights will no longer be relevant.