Maternity & Paternity Related Issues

Maternity

Pregnancy and childbirth should be a happy and joyful experience. Unfortunately it can often be made stressful by encountering problems in the workplace. 

At Russell Jones & Walker we often see women being sidelined as soon as they announce their pregnancy to their employer, or being selected unfairly for redundancy because of their pregnancy. There are also health and safety issues regarding pregnant women at work, and regulations to protect new and breastfeeding mothers returning to work. The return to work after maternity leave can be a particularly difficult time, and we often advise women whose requests for flexible working have been turned down without proper explanation or reason.

Paternity

Our team of solicitors can help you deal with paternity issues. At Russell Jones & Walker, our team has assisted many new fathers and partners in cases of paternity discrimination at work. Our approach is primarily a diplomatic one, since frequently paternity issues can be resolved through a solicitor on an informal basis without the need for litigation. However should the need arise our team has the experience and knowledge of more robust forms of dispute resolution to ensure the best outcome possible.

Unfortunately many employers are not aware of the rights that employees have to paternity support leave. It is not uncommon for employers to be less accepting of requests for leave or flexible working from fathers or partners than from mothers. 

New fathers (natural and adoptive) or the mother's partner (male or female) have a legal entitlement to two weeks paternity leave paid at the statutory rate.  

In addition to this leave, fathers/partners may also be entitled to take additional paternity leave of up to 26 weeks. In addition to paid leave, fathers also have a right to a longer period of unpaid parental leave. There may be other work issues for fathers and partners at this demanding time, such as a wish to work more flexibly.

Our approach to Maternity and Paternity related issues

The arrival of a new baby is a time of change for the whole family.  All family members need and appreciate time to get to know the new baby, and it is a time when everyone, especially the mother, needs extra support and care.

Our factsheets provide useful advice for any family wanting to know their maternity and paternity entitlements, as well as advice on requests for flexible working and heath and safety issues for pregnant women in the workplace.

Contact our expert Employment team to discuss your Maternity and Paternity related issues

If you are experiencing maternity/paternity discrimination issues at work, our experienced solicitors can help you to solve your problems, either through careful and sensitive negotiation with your employer, or through more formal litigation. For further information on maternity/paternity employment claims, contact us now on 0800 916 9060 or e mail enquiries@rjw.co.uk.

Health and Safety at work for Pregnant Women

Russell Jones & Walker can advise you if you suspect that your employer is not making adequate provisions to ensure your health and safety while you are pregnant at work. In many cases we can help you to negotiate a solution with your employer.

If you are pregnant and notify your employer in the correct way, your employer is obliged to make a risk assessment of your working conditions and if necessary implement measures to ensure that your working conditions are suitable and safe for an expectant mother.

Your employer must also take into account any medical advice you have received and make appropriate adjustments, for example by allowing more frequent rest breaks, implementing measures to avoid stress, or enabling a switch from nightshifts to day duties.

If a serious risk cannot be removed, your employer must offer suitable alternative work or suspension on full pay.

For new mothers returning to work after maternity leave, including mothers who are breastfeeding, there are also health and safety protections, and guidance about facilities for women who want to express milk.  

If you have a problem with you employer regarding workplace health and safety during pregnancy or after returning from maternity leave, or breastfeeding issues, please contact us on 0800 916 9060 or e mail enquiries@rjw.co.uk. For further information on health and safety issues for pregnant women and new mothers, please see our Health & Safety Issues for Pregnant Women in the Workplace factsheet, in the download expert guide section.