Employment Law Assignment



Employment Law Assignment

Part A

Introduction

Pregnant employees have legal rights on their employers in UK. The law is strict and focuses clearly on the benefits a pregnant woman will get from the employee once she is expecting. The foremost important things to remember is t o know your rights.

Case

In the case of Nadia, she is scared only because she fears of losing her job once her line manager Gemma finds out about her pregnancy. The advice to her should be that she should learn about her rights. UK law is there to protect the employees from such scenarios that arise and make sure the employees reap the benefits from the laws. All women who get pregnant have certain basic legal rights which include; time off for antenatal care, leave for maternity and safeguard from dismissal,unjust treatment.

Nadia's employer is at breach with the UK laws as she has declared that any person who wants to go for antenatal classes should go on their own time, further on she restricts the maternity leave to one month and that too without pay. Lastly, she is unfair and does not guarantee job security to the employee after their return. All this makes the employee apprehensive and wish to not get pregnant. The law states clearly that no pregnant woman can be made redundant, dismissed from job or treated with unjust because of her pregnancy. The claim can be made by Nadia through employment tribunal for compensation if any of the above happens. A pregnant woman is entitled to many rights and benefits and it is responsibility of the employee to be more flexible on the issue of maternity leave and pay. The pregnancy could not be detected before 4 weeks and therefore, it is of great importance that you tell your employer immediately in writing when you find out. Nadia should do the same to safeguard both the health of herself and that of the arriving baby. The law has made the employers legal duty to keep the pregnant woman and her child away from any risk at work. Once it is known to the employer that the employee is expecting, they must carry out a personal risk assessment which is specific for that person (Management of Health and Safety at Work Regulations 1999).

It is mandatory that this risk assessment must be reviewed from time to time and even when the woman finally returns to work. This applies to all kinds of employers whether how small, the case of Nadia, where the line manager feels that she has to cut costs of the firm. A pregnant woman can take a realistic period of her time off for antenatal care and relaxation. All women have this right and so despite the claims of Gemma, the law gives Nadia the right to take this leave irrespective of the number of hours she works and how long she has been employed by the firm. Employers cannot make any changes to the pregnant woman's contract ...