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Employment Law for Maternity and Paternity Leave

Home > Loch Law > For Employers (Law) > Employment Law for Maternity and Paternity Leave

Maternity and paternity leave

The law on family friendly policies, maternity and paternity leave is constantly adapting, with the options available to new parents diversifying all the time. For employers, navigating this ever-changing landscape can be a challenge. A failure to fully understand your legal responsibilities in regards to maternity leave or flexible working requests can lead to a range of issues, including discrimination claims under the Equality Act 2010. Ensuring that your organisation is compliant with the relevant legislation is more important than ever, with staff nationwide increasingly self-educated on the various options available to them, from the responsibilities of an employer to their entitlements surrounding shared leave and pay. There are some general principles that can be outlined in maternity and paternity policies, and Loch Law can provide instrumental guidance on policy creation and process, helping to protect your business against potential problems. However, the differing circumstances of business can complicate matters. When a more tailored approach is required, our employment lawyers can provide specific legal advice on maternity or paternity related issues — helping your organisation and employees to thrive at this exciting but busy time.

Equality and discrimination:

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How Loch Law can help

Whatever requirements you may have, our team of expert employment lawyers can advise on all pregnancy and maternity-related issues. Whether it’s helping you to devise relevant policies that comply with statutory requirements, or providing checklists that ensure you follow due process, Loch Law can help.

By working closely with dedicated HR Consultants from our sister company Loch HR, we can also offer advice on how to manage staff absences, while ensuring that your organisation’s approach to family matters is conducive to a sustainable corporate culture. Handling this issue properly is imperative to retaining existing staff, while also providing enhanced benefits that can attract potential new employees.

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Testimonials

Pam and her team are always on hand to expertly advise us on any employment law issues we have. The speed of their service levels combined with high-quality advice always exceeds our expectations and as a result, we have been a satisfied client of the firm for over 7 years. I would not hesitate to recommend Loch Law to any business.

Operations Director, Professional Services

I cannot recommend Joe Milner at the Tunbridge Wells office highly enough. He was extremely helpful and reassuring and settled my claim quickly and efficiently. What a delightful chap to do business with.

Loch Law Client

The expertise of Loch Law made me feel in very safe hands. Caroline was thorough in explaining the legal situation, giving clear advice and was committed to getting me a fair outcome

Senior Professional

I cannot tell you how much I appreciate your help and please let whoever helps you get this out of the door know that I appreciate theirs too!

Loch Law Client

The expertise of Loch Law made me feel in very safe hands. Caroline was thorough at explaining the legal situation, giving clear advice and was committed to getting me a fair outcome.

Senior Professional

Thank you so much for your advice. I really appreciate the fact that you were able to understand the nature of our company and tailor your advice accordingly. I think that ability is key in defining a good lawyer. Lawyers who cannot deviate from 100% security are of little use.

Loch Law Client

We have been incredibly thankful for having your support over the last few years and our clients have been very impressed with the help they have received from Pam Loch and the rest of the team. We cannot praise you highly enough.

Loch Law Client

It goes without saying my contacting you at the outset & getting your great advice gave me confidence through this upsetting episode.

Loch Law Client

I cannot recommend Joe Milner at the Tunbridge Wells office highly enough. He was extremely helpful and reassuring, and settled my claim quickly and efficiently. What a delightful chap to do business with.

Loch Law Client

Thank you so much for your work; it is greatly appreciated. I can’t wait to get this situation resolved! Thank you again. We would be lost without you.

Loch Law Client

The speed of their service levels combined with high quality advice always exceeds our expectations and as a result we have been a satisfied client of the firm for over 7 years. I would not hesitate to recommend Loch Law to any business.

Operations Director, Professional Services

Common family and pregnancy-related issues

The increasing possibilities open to employees when configuring their work/life balance can pose a number of problems for employers, including:

Flexible working requests: An employee returning from maternity leave is entitled to make a flexible working request, which may include working from home or amending their start and finish times. While there are eight separate legal reasons to refuse a flexible working request, you will need to show evidence to substantiate this – it is not enough to simply reject the request.

Maternity cover: Navigating problems that arise within the organisation during parental leave; for example, when the person providing maternity or paternity cover performs better than the original employee.

Risk assessments: Addressing situations in which staff become unable or unwilling to carry out certain types of work during pregnancy. Health and safety legislation requires that organisations undertake risk assessments for pregnant employees and new mothers, and employers may risk claims of discrimination if this is ignored.

IVF treatment: Understanding that IVF treatment appointments can carry the same weight as any other medical appointment, in terms of granting employees permission to attend.

Managing absence: It’s important to keep staff on maternity/paternity leave up-to-date with professional life in order to avoid isolating them, which can result in a discrimination claim.

Redundancy: How to manage any redundancies and dismissals without incurring disputes and claims, in relation to staff who are trying to conceive,  are pregnant or are on parental leave.

Enquire now on 0203 667 5400

Our experts are waiting to talk with you and our aim is to respond to all enquiries within 2 hours.

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