Northants, Leics &amp; Rutland


<figure class="wp-block-image size-full"><img decoding="async" loading="lazy" width="1000" height="667" src="https://dev.muddystilettos.co.uk/northantsleicsrutland/wp-content/uploads/sites/26/2024/10/Employment-rights-Tollers-001.jpg" alt="Woman at work office employment law maternity leave" class="wp-image-52204" srcset="https://dev.muddystilettos.co.uk/northantsleicsrutland/wp-content/uploads/sites/26/2024/10/Employment-rights-Tollers-001.jpg 1000w, https://dev.muddystilettos.co.uk/northantsleicsrutland/wp-content/uploads/sites/26/2024/10/Employment-rights-Tollers-001-300x200.jpg 300w, https://dev.muddystilettos.co.uk/northantsleicsrutland/wp-content/uploads/sites/26/2024/10/Employment-rights-Tollers-001-768x512.jpg 768w" sizes="(max-width: 1000px) 100vw, 1000px" /></figure>



<p><a href="https://www.tollers.co.uk/profile/rebecca-list/" target="_blank" rel="noreferrer noopener">Rebecca List</a> became a business owner when she joined the Equity Partnership  at <a href="https://www.tollers.co.uk/" target="_blank" rel="noreferrer noopener">Tollers</a> whilst on maternity leave with her first child, now heading up an incredible all women team at the firm. In fact, she now juggles not just one but two full time jobs: her paid job at Tollers and a second, unpaid job, as a mum to two young children. </p>



<p>She claims she&#8217;s lucky, owing much of her career success to the attitude of her mentors and fellow partners, who have supported, championed and encouraged her throughout her career. However, not all professional women are quite so lucky. We picked Rebecca&#8217;s brains to see how women can navigate those difficult workplace situations in which women often find themselves. Here are Rebecca&#8217;s key pieces of advice for the various stages of your career.</p>



<h2 class="wp-block-heading" id="h-maternity-rights">Maternity rights</h2>



<p>I can’t tell you how many times I’ve heard female friends, contacts and colleagues tell stories regarding job interviews they’ve had in the past. Where they were asked questions, such as “what’s your home situation?”, “are you in a relationship?”, or “do you want children?”. These questions are asked of women throughout their career and are very much asked of women who have just graduated, or who are just starting their careers and even though these questions are entirely irrelevant and many women do not even know the answers themselves, employers feel they have the right to ask them.&nbsp; It’s as if being a woman means that your personal life will get in the way of you doing a great job and is everyone else’s business. &nbsp;</p>



<p>Whether you have, or plan to have a family should have no bearing on your suitability for a role, nor is it a question a woman should be asked in an interview. If the question is asked and the interviewee does not get the role, it may be that there is a discriminatory reason behind the decision not to employ her. If you’re asked the question, I’d ask why it’s relevant. Every woman is legally entitled to take maternity leave, if they give birth to a child, no matter how long they have been employed. This is a statutory right. The eligibility for adoption or paternity leave are different and at time of writing are not a “day one right”, although the Employment Rights Bill 2024 seeks to change that. </p>



<p>If a woman is treated unfavourably during her pregnancy, because of a pregnancy related illness, for example, it could constitute sex or maternity discrimination.</p>



<h2 class="wp-block-heading" id="h-flexible-working">Flexible working</h2>



<p>Flexible working rights are open to all yet it’s more often women who request to work part-time when returning from maternity leave or when family life requires one parent to be home more often. As an employment lawyer, I see this all of the time, I regularly advise on flexible working requests and when those requests are for childcare or other caring responsibilities 99% of them are from women. This means that women may not be in the office as much or be as visible as their male colleagues and sometimes career progression can stall as a consequence.&nbsp;</p>



<figure class="wp-block-image size-large"><img decoding="async" loading="lazy" width="709" height="1024" src="https://dev.muddystilettos.co.uk/northantsleicsrutland/wp-content/uploads/sites/26/2024/10/tollers-employment-law-709x1024.jpg" alt="Woman flexible working rights rmplyment law working from home" class="wp-image-52206" srcset="https://dev.muddystilettos.co.uk/northantsleicsrutland/wp-content/uploads/sites/26/2024/10/tollers-employment-law-709x1024.jpg 709w, https://dev.muddystilettos.co.uk/northantsleicsrutland/wp-content/uploads/sites/26/2024/10/tollers-employment-law-208x300.jpg 208w, https://dev.muddystilettos.co.uk/northantsleicsrutland/wp-content/uploads/sites/26/2024/10/tollers-employment-law-768x1109.jpg 768w, https://dev.muddystilettos.co.uk/northantsleicsrutland/wp-content/uploads/sites/26/2024/10/tollers-employment-law.jpg 1000w" sizes="(max-width: 709px) 100vw, 709px" /></figure>



<p>Flexible working requests are a statutory right available to all employees from day one. Employers are expected to deal with flexible working requests in a reasonable manner. This is now covered by the ACAS Code of Conduct. ACAS make recommendations as to how to deal with a request reasonably. This process is not as rigid as a statutory one, but if the outcome is to reject the request, ACAS recommends that the refusal of a request should clearly explain the business reason(s) together with any additional information which is reasonable to help explain the decision. If that is not provided then there could be an argument that the process was flawed. This may give rise to claims for discrimination or constructive dismissal. The Employment Rights Bill 2024 is due to make changes to flexible working rights. It proposes that an employer must state the grounds for refusing a flexible working application and explain why they think it&#8217;s reasonable to refuse it.</p>



<h2 class="wp-block-heading" id="h-ivf">IVF</h2>



<p>There is no specific statutory right to time off for IVF treatment and is not classed as an antenatal appointment (which women do have statutory rights to attend). This is because an employee is not regarded as pregnant until a fertilised egg has been implanted. That said, case law does recognise support for employees undergoing an IVF journey. A woman who has had her eggs collected as part of the IVF process is protected by sex discrimination laws. The Employment Statutory Code of Practice (EHRC Code) recommends that Employers treat requests for time off for IVF treatment “sympathetically”. An Employer may have an IVF Policy, which an employee could request.</p>



<h2 class="wp-block-heading" id="h-pregnancy-loss">Pregnancy loss</h2>



<p>Sadly, miscarriage can become part of a pregnancy journey. If a woman miscarries after 24 complete weeks of pregnancy, or if the baby is born alive at any stage of the pregnancy, but does not survive, she&#8217;s still entitled to statutory maternity leave and she and her partner may also have the right to statutory parental bereavement leave. </p>



<p>In England, a pregnancy loss certificate has been introduced and is a voluntary scheme where parents who have experienced a miscarriage in the first 24 weeks, can record and receive a certificate to provide recognition of their loss. More can be found here: <a href="https://www.gov.uk/government/groups/pregnancy-loss-review-group">Pregnancy Loss Review Group &#8211; GOV.UK (www.gov.uk)</a>.</p>



<h2 class="wp-block-heading" id="h-menopause">Menopause</h2>



<p>As women, we will all eventually be affected by menopause and the challenges that brings. Menopause can be debilitating for some women and whilst there is more awareness around it now. There is still much to be learnt about the different stages of menopause and the effects it can have on women in the workplace and there is still room for improvement regarding the provisions made to assist female employees, especially in male dominated industries.&nbsp;</p>



<p>For Employers it is vital to understand what their female employees’ symptoms might be and how this can impact on their day to day role. They need to be aware that women may be subject to comments from other people, their performance may drop and, in some cases, jobs can and could be lost. </p>



<p>A 2022 survey carried out by <a href="https://www.fawcettsociety.org.uk/" target="_blank" rel="noreferrer noopener">The Fawcett Society</a> revealed that:</p>



<ul>
<li>one in ten women had left their job due to their menopause symptoms</li>



<li>44% said that their ability to do their job had been affected by their&nbsp;menopause&nbsp;symptoms</li>



<li>Eight in ten said that their employer provided no support for&nbsp;menopause</li>



<li>52% said that they lost confidence at work</li>



<li>41% reported that colleagues had treated&nbsp;menopause&nbsp;or&nbsp;menopause&nbsp;symptoms as a joke</li>
</ul>



<h2 class="wp-block-heading" id="h-what-can-you-do-if-you-feel-you-ve-been-discriminated-against-at-work">What can you do if you feel you&#8217;ve been discriminated against at work?</h2>



<p>Being a woman is complicated enough and the law can be complex in this area too. It’s best to take advice as to your legal rights about any of the issues raised in this article.&nbsp;</p>



<p><em><a href="https://www.tollers.co.uk/" target="_blank" rel="noreferrer noopener">Tollers</a>, 1 Waterside Way, Bedford Road, Northampton, Northamptonshire NN4 7XD</em></p>


Career clinic: get to know your rights at work

You may also like