# Employment and legal rights in pregnancy ?



## bluebell (Dec 9, 2004)

Natalie,

Thanks so much for hosting this area. It's going to be really useful for members I'm sure and I only hope you don't get too swamped with questions !

I have just got my second DE BFP today (yippeeee!) and want to go back to work. However, my contract runs out at the end of March. However, my employer (a small organisation) has managed to secure funding for a further 3 years, but I will have to re-apply for and be interviewed for my post.

Can you tell me what the legal position is regarding whether or not they are able to *not* appoint me on the basis of my pregnancy ? I know I have legal rights when in employment, but what about as an interviewee / potential employee ?

Do you recommend I inform them of my pregnancy at interview, or is it within my legal rights not to ? What would be the best approach legally ?

Thanks Natalie and I hope you can help.
Best wishes,
Bluebell


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## NatGamble (Mar 1, 2007)

Hi Bluebell

This one's outside my area of expertise I'm afraid, but I've just emailed a colleague in our Employment Team and she will post a reply once she has been able to get registered on the site - bear with us.

Loads of congratulations on your BFP!

Natalie


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## bluebell (Dec 9, 2004)

Thanks Nat, that's really kind of you.  I'll keep a close look out for the reply. 
Thanks to you and FF for providing this service.
Bluebellxxx


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## NatGamble (Mar 1, 2007)

Hi Bluebell

Thank you for posting your question and congratulations on your pregnancy.  

I am a trainee solicitor in the Employment Team at Lester Aldridge.  Natalie has forwarded your query to our team and I am pleased to be able to respond as follows:

The law against discrimination on the grounds of your sex apply during your employment but also during the recruitment stage.  You have a right not to be treated unfairly as a result of your sex (including whether it is related to being married, pregnant or your gender) from the application stage through to being in employment.  A potential employer cannot use your pregnancy as the basis or reason not to employ you as this would be discriminatory on the grounds of your sex.  The employer should not ask questions about children or pregnancy in the recruitment stage. It is your choice whether you wish to volunteer the information but you are certainly not obliged to do so.  When making this decision you should bear in mind that divulging any information could give the employer an opportunity to discriminate against you. 

Please be aware that it is important to tell an employer as soon as possible that you are pregnant in order to be entitled to your full maternity rights.  For example to qualify for maternity leave you currently need to notify your employer by the end of the 15th week before the expected date of childbirth that: you are pregnant, the expected week of childbirth (by means of a medical certificate if requested) and the date you intend to start maternity leave.

Please also note that to be entitled to statutory maternity pay (currently £108.85 a week or 90% of your average weekly earnings if this is less than £108.85 a week) which is paid by the employer you need to have been employed by the employer for a continuous period of at least 26 weeks ending with the 15th week before the expected week of childbirth and have average weekly earnings at least equal to the lower earnings limit for National Insurance contributions.  This rule means that if you are pregnant before you start your employment contract you will not be entitled to statutory maternity pay. 

In order to ensure a continuous period of service there should not be a break of more than a week between when your first contract ends and when the new one begins.  A break for longer than this period could cause a break in your continuous service with the employer.

If there is a break between your contracts you could seek to negotiate a ‘continuous service’ clause to make sure that the break does not affect your rights.  

If for any reason you do not qualify for statutory maternity pay you may be entitled to maternity allowance which is currently at the same rate however it is paid by the social security/Jobcentre Plus rather than the employer.  To be entitled to this you must have been employed or self-employed for 26 weeks out of the 66 weeks before the expected week of childbirth and have average weekly earnings of at least £30.

I wish you every success in your employment and with your pregnancy. 

Kind regards

Louise Gibson
[email protected]


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## bluebell (Dec 9, 2004)

Louise, 

I just wanted to thank you and Nat so much for this.  It is so generous of you to offer this incredibly useful help. 

Sadly I miscarried a couple of weeks ago, hence the delay in replying, but I hope to be in a similar quandry with work again soon, so the info won't go to waste !

Take care and thanks again,

Bluebell xxx


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## NatGamble (Mar 1, 2007)

I'm so sorry to hear that Bluebell.  Take care of yourself.

Natalie


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## bluebell (Dec 9, 2004)

Thanks Nat, that's really kind of you.  
Hopefully I'll be back again to take up the advice from Luise when I get another BFP !!

Take care,
Bluebell xx


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