5 most common questions about employment law, answered by experts

My contract does not cover maternity leave. Is this an issue?

No, maternity leave and maternity pay is a statutory right for employees, regardless of whether it is in your contract or not.

Many employers have a specific maternity policy that covers your entitlement to leave and maternity pay, however if they don’t, statutory maternity leave and statutory maternity pay still apply.

To qualify for statutory maternity leave (SML), you must be an employee (not a ‘worker’) and give your employer at least 15 weeks’ notice before your due date.

To qualify for statutory maternity pay (SMP), you must earn at least £123 a week and have worked continuously for your employer for at least 26 weeks, including the ‘qualifying week’ (the 15th week before your expected due date).

You will also need to provide proof of your pregnancy to your employer to qualify for SMP. This could be either a letter from your doctor or midwife, or your MATB1 certificate (your doctor or midwife should provide this no more than 20 weeks before your due date).

Can I be refused a job because of tattoos and piercings?

In some cases, yes, you can be refused a job. The Equality Act 2010 does not specifically protect people who have tattoos or piercings. This means employers can refuse to employ an individual based on their body art or piercings and can require employees to cover up tattoos or remove piercings while working.

However, in some cases, tattoos or piercings may be related to a protected characteristic, such as when they are connected to an employee’s culture or religion. Where this is the case, refusing to employ a person because of their tattoos may constitute discrimination on the grounds of religion or belief.

It is best to make sure that visible tattoos and piercings are not against your employer’s dress code policy. However, recently, more employers are less likely to discriminate against tattoos and piercings.

Can I be made redundant while I am pregnant?

Yes, it is possible to be made redundant while you are pregnant, though it is against the law for your employer to do so simply because you are pregnant.

If your employer has made you redundant while pregnant, and you believe your pregnancy is the reason they chose to do so, you can make a discrimination claim under the Equality Act 2010.

However, you can be made redundant legally if other redundancies were being made and your employer can prove you were selected for reasons other than pregnancy or maternity.

Does my employer have to give me time off for medical appointments?

There is no legal right to time off work for a medical appointment. However, employers do have a 'duty of care'. This means they must do all they can to protect their employees' health, safety, and wellbeing at work. Most employers will allow time off if an employee cannot rearrange their appointment, however the time off may be unpaid.

I have been turned down for flexible working. Is there anything I can do?

The government recently introduced new legislation – The Employment Relations (Flexible Working) Act 2023 – which allows all employees to request flexible working arrangements from their first day of employment. Requests can also now be made twice a year.

If you have submitted a request for flexible working arrangements, your employer must give it reasonable consideration and can only refuse it for one of 8 business reasons. This can include concerns over performance of both you and your colleagues, the cost to the business, problems meeting customer demands, and issues with working hours or capacity.

There may be valid reasons why your employer thinks that flexible working will not work with your role, however, you do have a right to appeal this if you disagree with the reasons they provide.

How can our employment solicitors can help

Slater and Gordon's experienced solicitors are happy to answer your questions on all aspects of employment law. With decades of experience working across all aspects of employment law, we can help with your next steps. Call us on 0330 041 5869 or contact us online.