We know that getting pregnant can be a huge source of worry and concern in an industry which is historically seen as inhospitable to parents, whether that’s through a lack of flexibility, hard physical conditions, long hours or a culture of replaceability.

But we also know that, as more and more companies view parents as hugely valuable team assets, the culture around care in the workplace for parents and parents-to-be is taking a huge step change. One of the main ways you can avoid excessive anxiety, whether it’s justified or not, is to have absolute clarity around what you can and should expect from your employer.

The following breakdown should give you a comprehensive overview about what is and isn’t legal in the workplace, what you should expect from your employer, and some pointers about your own actions too. It’s an extensive field with many different situations to cover, but this should give you enough detailed insight to start you off right. We’ve added a list of organisations and resources at the end of this email, which will help you fill in the gaps.

And remember – the laws regarding workplace danger, discrimination or dismissal are tight, and they’re here to protect you. Of course bringing a case can be lengthy and expensive – but that should mean that your employer doesn’t want that (or the reputational damage to them) any more than you do, so good practice is likely to be the expectation not the exception.

What are your rights when pregnant?

• It is illegal for your employer to treat you unfairly because of time off you need to take due to your pregnancy; illegal to dismiss you due to pregnancy; illegal to change the terms of your contract without your consent; and illegal to renew your contract on the grounds of your pregnancy.
• Your employer is legally required to allow you “reasonable” time off for pregnancy-related appointments with full pay.
• It is your employer’s duty to make the workplace safe for you and remove any risk to you and your unborn baby. If they cannot, they must suspend you on full pay until they do.
• You have the right to request flexible working, although this doesn’t mean you have a right to have your request granted.
• If an assessment finds that the workplace poses a risk, and your employer cannot alter your working conditions or hours, they must offer alternative work.
• You are legally required to tell your employer that you’re pregnant no later than the 15th week before your due date.

What is your employer’s legal responsibility?

It is illegal for your employer to treat you unfairly because of time off you need to take because of your pregnancy.

Your employer cannot refuse to renew your contract on the grounds of your pregnancy. And if you suspect that they have, you can raise your grievance formally.  If you’re dismissed while pregnant, your employer must put the reason for your dismissal in writing, and if it can be linked to your pregnancy you could make a claim to an employment tribunal for discrimination.

They are legally required to allow you “reasonable” time off for pregnancy-related appointments, with full pay. That means scans and medical checks, but it can also mean parenting classes and other activities such as pregnancy yoga – but note that all appointments need to be on the advice of a doctor, nurse or midwife, and your employer is entitled to ask you for proof (eg appointment card or email class confirmation). You have the right to this time off from the first day that you are legally classified as an employee (or, if you work through an agency, if you’ve worked in the same placement for a minimum of 12 continuous weeks).

“Reasonable” is clarified as the length of the class + travel. If your appointment interferes with the working day or shift, it is sensible to discuss flexible working with your employer – for example, (if you can) working from home for the rest of the day if it will take too long to get back to work. It is illegal for the employer to make you change your antenatal appointment if you do not want to. Since the appointment is paid time, they also cannot ask you to ‘make up the hours’, as this would count as overtime.

If you do not want to tell your employer that you’re pregnant (see below), you would take the appointment as a standard medical appointment, which would be either unpaid or made up in hours, as per your contract.

Your employer has a duty to ensure that the workplace is safe for you.

It is a legal requirement to have general health and safety risk assessments in place for all employees, and this includes specific risks for employees who could become pregnant (ie “of childbearing age”), are pregnant and new mothers.
Some of these risks might include:

• Work-related stress
• Lifting and carrying heavy objects
• Sitting or standing for long periods of time
• Exposure to toxic chemicals and dangerous materials

Your employer must conduct an individual risk assessment just for you, when you tell them in writing that you are pregnant, have given birth within the last 6 months, or you’re breastfeeding. This assessment should be reviewed regularly – for example new assessments for each trimester, then breastfeeding, then postpartum.
If your employer fails to conduct an individual risk assessment, new legislation specifies that this could be sex discrimination.

How does your employer need to adapt for you?

Your employer has to remove risk

Your employer is legally required to remove any risk to you. This includes changing your job duties, allowing extra breaks, providing a place to sit down, or asking someone else to help you (if your job usually requires you to lift heavy objects for example). It is illegal to change the terms of your contract or your salary to take into account the change of duties, breaks or additional help. They also cannot make any changes you do not agree to.

If you are concerned that the risks have not been removed, you can ask for a letter from your doctor or midwife detailing the risks, which the employer can take into account. 

You might need to change your hours

If you work night shifts and are pregnant, breastfeeding or have given birth in the last six months, you have the right to transfer to a suitable daytime role (see below for details regarding suitable roles).

Flexible working means changing the hours on your original contract, whether that means reducing them or changing your start/finish times. You have the right to request flexible working. Note that this does not mean that you have a right to have your request granted; however if it is not granted AND it seems like this is unreasonable within the nature of your job, which means you are unable to work and leads to your dismissal, then you might have legal recourse against the decision (see above regarding dismissal in pregnancy).

A flexible working request should be made in writing, and your employer should set up a meeting to talk to you about the request before making a decision. That decision must be made within 3 months of the original request.

Your request letter or email must say you’re making a ‘statutory flexible working request’. You must also include:

• the date you’re sending it
• the change you’d like to make
• when you’d like the change to start
• how you or your employer might deal with any effects the change could have on your work or the organisation
• the date of any previous flexible working requests, if you’ve made any

You might need to change your role

If your employer cannot alter your working conditions or hours, then they must offer you alternative work. This work must be paid at the same rate, and must be considered ‘appropriate’ – which means that it sits within your skills and experience.

If the alternative work can only be offered on reduced hours, then the employer must continue to pay your full, contracted salary.

If it’s not possible to remove the health and safety risks, or offer you an alternative role, then your employer must suspend you on full pay. If you are an agency worker, then the hiring organisation must tell your agency. If the agency cannot find you another suitable assignment, and you’ve been working at your current position for a minimum of 12 weeks, the agency must pay you for the original length of your contracted assignment.

If you have been suspended on full pay due to unsuitable working conditions, your employer has the right to start your maternity leave up to 4 weeks before the baby is due.

When and how should you tell your employer?

If you’re expecting maternity pay, you are legally required to tell your employer that you’re pregnant no later than the 15th week before your due date. But most people find it best to wait until after the first trimester (12 weeks) when the risk of loss decreases, and before your bump starts to be very visible.

You must let them know the date of the week your baby is due, as well as the date you’d like to start maternity leave, ideally in writing (it doesn’t have to be, but it’s a really good idea to keep a paper trail). Your employer must reply within 28 days, in writing, confirming the date of your maternity leave.

For breaking the news it’s a good idea to ask for a meeting with your manager during a quiet time so that you can tell them the news in a calm environment and give everyone time to process. You should then follow up with written notification.

When you tell them, don’t be apologetic! Ensure that you speak about it in a really positive light. It’s tempting to say sorry for the inconvenience, but it’s your right to be pregnant and it’s your employer’s responsibility to take care of you during this exciting (but challenging) time.

We hear all the time from both employees and employers that having parents in the workforce is a really positive force within teams, so do bear that in mind when you pluck up the courage to talk to your employer. This is something to celebrate. But it is worth pre-empting any potential challenges that might arise, acknowledging those and saying that you’d like to work through great solutions together.

What are some specific concerns within hospitality?

RISK ASSESSMENTS

CONTRACTS

CHANGING JOBS

We read about the required risk assessments above. Hospitality work is often highly physical, and if you are concerned about the risks related to your specific field of work – for example long hours on your feet, working in high kitchen temperatures or lifting heavy bags of flour – then you should speak to your doctor or midwife.

The medical professional may be able to reassure you, or they may deem the intensity of the role is too much for you or your specific condition. If they are concerned then they can outline the risks in a written document to present to your employer, who should take this into account in the risk assessment.

Many hospitality workers are on a zero hours contract – this means that your contract states that you only have to work if and when an employer makes work available.

Your contract should state whether you are an ‘employee’ (your employer controls when and how you work, and you are expected to accept the work for the relationship to continue) or a ‘worker’ (your employer provides all the equipment but does not have to offer you work, and you do not have to accept it).

If you are on a zero hours contract as an employee, the same rights apply in terms of paid time off for prenatal appointments, full health and safety protection, protection against dismissal etc. However if you are a ‘worker’, your rights are significantly reduced. You can check in more detail here.

Even on a zero hours contract, if your hours are reduced or cancelled following announcement of your pregnancy, you will have legal recourse against the employer. That is also covered in the link above.

We know that hospitality is a sector in which some people tend to stay in jobs for shorter times, whether that’s through moving around to gain experience, using it as a temporary stop-gap, or perhaps seasonal contracts. If you are in the position of seeking a job while pregnant, you are not legally required to let the employer know that you are pregnant. If you do let them know, they cannot treat you unfairly because of it, i.e. reject your application on those grounds.

You will only be able to access the legal protections in terms of risk assessment, paid antenatal appointments etc when your employer is made aware of your pregnancy.

Remember that your entitlement to parental leave packages will be linked to your tenure at a company, so do a little research. We’re going to follow up with focus on legalities surrounding parental leave, so watch this space.

Remember that you are well protected in law from danger, discrimination or dismissal – the things that we worry most about when pregnant.  You’ll want to keep an open dialogue with your employer and your team. This should be a really positive time for you and the company for whom you work, but it is not without logistical challenges, which can be worked through together.

You shouldn’t need to tolerate risk in the workplace. Adaptations should be made following risk assessments. If risk assessments do not take place, this is legally classified as sex discrimination. Ask your midwife what your body is doing at each stage, and how it might affect you. Feed that back to your employer and ensure that the workplace is being adjusted in a realistic but appropriate way to ensure that you are safe.

If you do need to move jobs, you can and should. But get fully clued up about what that will mean for you in terms of payment and leave.

Some useful resources

• Comprehensive general advice for pregnancy and maternity, from ACAS:
  https://www.acas.org.uk/your-maternity-leave-pay-and-other-rights/
  and from the Government:
  https://www.gov.uk/working-when-pregnant-your-rights
• Advice for health and safety during pregnancy, including your legal recourse if your employer does not comply:
  https://maternityaction.org.uk/advice/health-and-safety-during-pregnancy-and-on-return-to-work/
• Maternity and pregnancy rights for agency workers:
  https://maternityaction.org.uk/advice/maternity-and-parental-rights-for-agency-workers/
• Maternity Action has put together a model letter, which you can use to set out your health and safety rights and ask for them to be addressed.
• Pregnant Then Screwed has a really brilliant set of FAQs for pregnancy and maternity in the workplace:
  https://pregnantthenscrewed.com/advice-page-an-overview-of-your-rights-as-an-expectant-and-new-mum/The following organisations all have a huge amount of information and resources, as well as extremely useful helplines (ACAS and Pregnant Then Screwed particularly have positively assisted members of the Countertalk Community in the past)
  • Maternity Action
  • Pregnant Then Screwed
  • Working Families
  • Citizen’s Advice
  • ACASAnd our favourite networking group for people who share your experiences from the coal face:
  • Parents in Hospitality