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Employment Law

Maternity and Paternity Leave Solicitors in Solihull

Starting a family is supposed to be a joyous time, but an unsupportive employer can make it stressful. Pearcelegal can help protect your rights.

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New parents should be focussing on raising their child, not worrying about issues at work. Workplace discrimination as the result of having a child, or planning to start a family is against the law. For advice and support, trust Pearcelegal.

The law is there to protect you, but employers don’t always follow the rules. If you are facing unfair working conditions and you are being discriminated against for being a parent, you may have a case against your employer. We'll be with you every step of the way, from lodging a formal complaint to escalating matters further. You may wish to negotiate a settlement agreement or prepare a case against your employer. The Pearcelegal employment law team can provide comprehensive support.

Maternity and paternity discrimination explained

Mothers and fathers have specific rights at work when they become parents. Whether you have a child or adopt, you can expect to be treated fairly by your employer. Unfortunately, maternity and paternity discrimination can happen. The Pearcelegal employment law team is here to help put things right. Maternity and paternity discrimination can take many forms, including.

  • Being denied a promotion or pay rise because you are pregnant or having children

  • Returning to work to a less senior role following maternity leave

  • Being dismissed or made redundant because you are pregnant

  • Denied flexible working without good reason

If you suspect your employer may be discriminating against you because of your parental responsibilities, we can help. We’ll guide you through the legal process and help protect your rights.

Frequently asked questions

Can I get fired for calling in sick while pregnant?

If your illness is related to pregnancy, you cannot be dismissed for calling in sick. You are protected against discrimination while you are pregnant. Your doctor will be able to confirm if your illness is related to your pregnancy. You are also entitled to time off work for ante-natal appointments.

Can an employer cut your hours when you’re pregnant?

You have a right to ask for changes to your working hours if you are pregnant. Your employer does not have the right to change your employment terms because you are pregnant. It would be considered discrimination to reduce your hours because you are pregnant.

What is the qualifying period for maternity leave?

To qualify for maternity leave you must be an employee and you must give your employer the correct notice. It doesn’t matter how long you have been with the employer, how many hours you work or how much you earn. To qualify for statutory maternity pay, you must have worked for the employer continuously for 26 weeks, continuing into the 'qualifying week'. This is 15 weeks before your due date.

Can an employer refuse paternity leave?

Qualifying employees are entitled to 2 weeks’ paternity leave upon the birth of their child. Some employers may offer longer, but they cannot ask you to take less than 2 weeks. You will be eligible if you were employed by the same employer when your partner became pregnant and are still employed by them when the baby arrives.

Our specialists in Maternity and Paternity Leave

Nicholas Thomas

Managing Director and Head of Department for Family and Litigation

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