The key to any smooth running maternity leave is communication between employers and employees. Normally the mixture of statutory and contractual rights/obligations will be respected but on occasion they can be disputed. Therefore, not only is it important to know your maternity rights, but it is also important to know what to do if they are breached in any way.
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Taking action to protect your maternity rights
Unfortunately, there are numerous occasions where maternity rights are not respected, sometimes resulting in discriminatory action. Some of the more common issues include:-
- Simple failure to recognise and respect your statutory maternity rights
- Discriminatory action against those asking for their maternity rights
- Discriminatory action related to maternity leave/pregnancy
Not only do you have specific statutory rights, but there are also various steps you can take to protect them. Hopefully, an old-fashioned bout of common sense should be enough but sometimes further action may be required.
Step One: Informal chat with your employer
There are some genuine cases where an employer/employee has misunderstood their obligations/rights under maternity laws. These scenarios are best addressed on an informal basis. In this scenario you should:-
Research your maternity rights
Whether you feel that your employer has misunderstood the regulations, or you have been a victim of maternity discrimination, you need to be fully aware of your rights and obligations before approaching your employer. There may be specific reference to maternity rights in your employment contract/staff handbook which can often be a good starting point for your argument.
It may be that the details undermine your minimum statutory maternity rights or they are simply illegal.
Taking professional advice
Even though you are planning an informal approach to your employer, to highlight any errors/discrepancies in their action, you can still take professional advice.
Many workplaces have trade unions there to represent the workforce. If this is the case in your workplace, you should approach your union about specific advice and guidance regarding your maternity rights and how to address any issues with your employer.
Approach your HR Department
You are quite within your rights to ask your employer to explain why they arrived at a specific decision regarding your maternity rights. If you have any evidence to back up your claims of discrimination, this is the time to present it. In the vast majority of cases, many employers will recognise errors they have made and make the necessary adjustments. There is now a raft of online information which you can point your employer towards, as a means of clarifying your rights. This is where your earlier research can come in very useful.
In the majority of cases, employers will recognise any discrepancies in the way they have acted and take the necessary action.
Step Two: Formal approach to your employer
If an informal approach to your employer does not bring about the expected results, you can then make a formal approach, which puts your complaint on a whole different footing. As this is a formal complaint, your employer is legally obliged to respond with the appropriate detail. It is also important to maintain a virtual/real paper trail which may prove useful at a later stage.
When writing to your employer you should:-
- Explain in detail what has happened
- Highlight any corrective action required
- Refer to your statutory maternity rights
- Highlight whether you think you have been discriminated against
It is vital that you add as much information as possible when writing to your employer under a formal arrangement. This will likely form the basis of any additional action required to secure your maternity rights. As your complaint becomes more formal, you should seek professional guidance to ensure that you are correct in your understanding and the action you are taking.
Step Three: Acas Early Conciliation
Thankfully, the vast majority of maternity rights disputes are resolved during the informal or formal complaint stages, but others may require additional assistance. If the formal approach fails, you may need to contact Acas for Early Conciliation before making an employment tribunal claim.
Acas does not make a decision on who is right or wrong, but it can help you and your employer see whether the dispute can be resolved without going to a tribunal. For many employment tribunal claims, you must contact Acas within three months less one day of the act you are complaining about. If the dispute is not resolved, Acas will usually issue a certificate, which you will normally need before making a tribunal claim.
Step Four: Employment tribunal
If Early Conciliation does not resolve the dispute, an employment tribunal may be the next step. A tribunal can consider whether your maternity rights were breached, whether you were treated unlawfully because of pregnancy or maternity, and what remedy should apply.
Employment tribunal decisions are legally binding. However, in reality, many workplace disputes are resolved before they reach a full tribunal hearing.
Taking advice
It is important that you take professional advice regarding your maternity rights, even prior to an informal approach to your employer. Rules and regulations regarding maternity leave/pay are often tweaked on a regular basis. In general, these changes tend to tighten and improve your rights but it is important you are aware of any changes. As a consequence, it is sensible to take professional advice at the earliest opportunity.
Very often, simply pointing out errors in the way that your employer has approached your maternity rights can lead to corrective action. A swift resolution is in the best interests of all parties, especially during what can be difficult months of pregnancy.