Maternity and Paternity Legal Advice

Employees with maternity, paternity and parental rights have wide ranging legal protection. This area of law is complex. It has changed rapidly in recent years and continues to do so. Employers should be clear about their obligations, as the consequences of acting unlawfully can result in complaints from employees – the financial consequences of which can be very detrimental to your business.

It is important that your business has adequate policies in place in relation to maternity, paternity and parental leave.

The rights of your employee range from conducting risk assessments for pregnant staff to paid and unpaid parental leave for mothers, fathers and partners. Consideration must also be given to flexible working and time off for ante natal appointment.

The Equality Act protects employees from “unfavourable treatment” arising from pregnancy, pregnancy related illness and maternity leave.

We can advise you on a range of issues:

  • Managing maternity leave, pay and rights
  • Bonus, sickness and holiday entitlement during maternity leave
  • Health and safety requirements in the workplace for pregnant staff
  • Time off work for ante-natal care
  • How to handle redundancies whilst employees are on maternity leave
  • Dealing with flexible working requests
  • Advice on paternity issues
  • Adoption leave and pay

How can I get help with my policies?

  • Contact us

If you are unsure whether your policies and procedures regarding maternity/paternity and family friendly working are in line with UK law, then contact us and we can review these accordingly. We will work with you and provide advice on what policies you should have.

  • Check Policies

We can review existing policies as well as create new ones to ensure you are compliant and in turn avoid costly employment disputes with employees.

  • Represent you at court

If one of your employees brings a grievance concerning breach of their maternity, paternity and parental rights, we will advise you accordingly and where necessary, defend your business against any Employment Tribunal claims.

What outcomes can you expect?

We can assist and provide you with a fully complaint set of policies and/staff handbook tailored to your business, which will minimise the risk of any claims being brought by your employees.

Should a dispute arise, we can assist you with negotiating with your employees and where appropriate, we can draft and finalise settlement agreements to resolve such disputes, efficiently and effectively. If an employee proceeds to bring a claim against you, will can guide you through the process and defend the claim on behalf of your business.

Why choose Hodge Jones & Allen Solicitors?

  • In-depth knowledge

Our employment specialists have an in-depth understanding of the law and how it applies to businesses. They will work tirelessly to find the correct solution for your business as quickly as possible.

  • Pre-emptive advice

We understand that navigating through these complex issues can be difficult for businesses, especially as the law keeps evolving. We can help you keep on top of any changes and to take proactive steps to deal with these issues before any problems arise.

  • Practical and clear help

Our experts can give you clear and practical advice on how to comply with your legal requirements as an employer so that you rest assured that you have adopted the correct approach and can focus on the success of your business.

Case Study: Business thankful after lawyers reviewed their policies and procedures

We recently acted for a business who instructed us to review all of their policies and procedures. We took into account the needs of the business, drafted clear and easy to understand policies to ensure the business was compliant with the law, and that the managers within the business understood their legal obligations.

Frequently asked questions

Can I refuse a request for flexible working?

Whilst you can refuse a request for flexible working, the reason for the refusal must be genuine otherwise an employee may be able to make a claim to an Employment Tribunal.

A genuine reason may be if the arrangement would have a detrimental impact of performance or if your business is unable to recruit additional staff to adequately support your business. Each case however would be assessment on its merits and any request should be considered very carefully. If the request is refused, you should ensure you can justify your reasons.

Yes. There is a right to paid leave to attend ante natal appointments where a registered medical practitioner has advised a pregnant woman to attend.

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    Phone:0808 231 6369
    Fax:020 7388 2106
    Address:Hodge Jones & Allen Solicitors
    180 North Gower Street
    NW1 2NB