[UK] ‘Keeping mum’ about pregnancy on furlough could jeopardise rights

Employment law experts have warned that women on furlough who fail to inform their employers of their pregnancies could jeopardise their rights, The HR Director has further details.

Law firm Brindley Twist Taff & James (BTTJ) said that there is a risk that ‘mothers to be’ on furlough could be tempted not to notify their employers of a pregnancy, partially because they may think they will receive more money on furlough, or might be worried about redundancies, fears of being discriminated against, or simply because they believe they do not have to tell their employers they are pregnant.

However, the firm cautions, ‘keeping mum’ could compromise a position that would otherwise have been protected.

Pregnant employees have several safeguards under legislation such as:

* Under the Equality Act 2010 which prohibits discrimination against employees because of the “protected characteristic” of pregnancy and maternity during the “protected period”.

* The Employment Rights Act 1996, which sets out rights to health and safety, time off for ante-natal care, maternity leave and unfair dismissal.

* Maternity and Parental Leave etc Regulations 1999 which set out a woman’s entitlement to maternity leave and the notification requirements.

Legally, employees are obliged to notify their employer of a pregnancy 15 weeks before their due date. At this point, the employee can tell their employer when they want to stop working to have the baby and the day they want their statutory maternity leave to start.

Cases of employers being unsupportive or uncooperative with pregnant employees have become increasingly unusual. BTTJ solicitors have provided an insight into the rights of pregnant women working in the pandemic and what protections they have against discrimination or unfair treatment.

Once the employer is informed by the employee that they are pregnant, the employee is protected against unfavourable treatment because of pregnancy-related discrimination.

If informing an employer by the deadline is not possible for reasons such as an employee being unaware of their pregnancy, the employer must be informed as soon as possible.

Once told of their employee’s pregnancy, an employer will be required to carry out a workplace assessment to ensure the workplace is safe for them to continue to work in when they return from furlough.

Kerry Hudson - Head of Employment at Brindley, Twist, Tafft and James - said, “There is a risk that women on furlough may neglect telling their employers they are pregnant simply because they are not aware of their obligation to do so or because they are concerned that they will be treated unfavourably or even be first in line for redundancy; especially at a time when redundancy rates remain high across the UK.

“However, this could not be further from the truth. In fact, employees who tell an employer about their pregnancy are actually more protected than their co-workers.

“Under current legislation, it is against the law to discriminate against anyone because of being pregnant, so by failing to inform an employer of a pregnancy, employees are doing themselves a huge disservice as they’re essentially relinquishing their right to be protected under the legislation.

“If anything, an employee who is pregnant has enhanced rights when it comes to selection criteria for redundancy.”

With around 16 per cent of the UK workforce still furloughed, BTTJ has also warned expectant mothers that failing to notify their employer puts them at risk of losing access to all their entitlements.

Employment law experts have warned that women on furlough who fail to inform their employers of their pregnancies could jeopardise their rights, The HR Director has further details.

Law firm Brindley Twist Taff & James (BTTJ) said that there is a risk that ‘mothers to be’ on furlough could be tempted not to notify their employers of a pregnancy, partially because they may think they will receive more money on furlough, or might be worried about redundancies, fears of being discriminated against, or simply because they believe they do not have to tell their employers they are pregnant.

However, the firm cautions, ‘keeping mum’ could compromise a position that would otherwise have been protected.

Pregnant employees have several safeguards under legislation such as:

* Under the Equality Act 2010 which prohibits discrimination against employees because of the “protected characteristic” of pregnancy and maternity during the “protected period”.

* The Employment Rights Act 1996, which sets out rights to health and safety, time off for ante-natal care, maternity leave and unfair dismissal.

* Maternity and Parental Leave etc Regulations 1999 which set out a woman’s entitlement to maternity leave and the notification requirements.

Legally, employees are obliged to notify their employer of a pregnancy 15 weeks before their due date. At this point, the employee can tell their employer when they want to stop working to have the baby and the day they want their statutory maternity leave to start.

Cases of employers being unsupportive or uncooperative with pregnant employees have become increasingly unusual. BTTJ solicitors have provided an insight into the rights of pregnant women working in the pandemic and what protections they have against discrimination or unfair treatment.

Once the employer is informed by the employee that they are pregnant, the employee is protected against unfavourable treatment because of pregnancy-related discrimination.

If informing an employer by the deadline is not possible for reasons such as an employee being unaware of their pregnancy, the employer must be informed as soon as possible.

Once told of their employee’s pregnancy, an employer will be required to carry out a workplace assessment to ensure the workplace is safe for them to continue to work in when they return from furlough.

Kerry Hudson - Head of Employment at Brindley, Twist, Tafft and James - said, “There is a risk that women on furlough may neglect telling their employers they are pregnant simply because they are not aware of their obligation to do so or because they are concerned that they will be treated unfavourably or even be first in line for redundancy; especially at a time when redundancy rates remain high across the UK.

“However, this could not be further from the truth. In fact, employees who tell an employer about their pregnancy are actually more protected than their co-workers.

“Under current legislation, it is against the law to discriminate against anyone because of being pregnant, so by failing to inform an employer of a pregnancy, employees are doing themselves a huge disservice as they’re essentially relinquishing their right to be protected under the legislation.

“If anything, an employee who is pregnant has enhanced rights when it comes to selection criteria for redundancy.”

With around 16 per cent of the UK workforce still furloughed, BTTJ has also warned expectant mothers that failing to notify their employer puts them at risk of losing access to all their entitlements.