Maternity & Paternity Rights & Discrimination
Navigating the workplace while starting or growing your family shouldn’t mean compromising your rights. Whether you're preparing for maternity or paternity leave, facing redundancy while pregnant, or returning to work after time away, it's vital to know where you stand. At Owen White Catlin, we provide clear and strategic maternity & paternity discrimination legal advice, as well as robust support, to make sure your employer treats you lawfully and fairly.
Our employment law solicitors have a strong track record in supporting employees through pregnancy and family-related workplace issues. We’ll give you clear, tailored advice so you can move forward with confidence and peace of mind.
Our maternity and paternity legal services include:
- Advice on statutory and contractual maternity and paternity leave
- Support with Statutory Maternity Pay (SMP), Maternity Allowance and Shared Parental Leave
- Legal guidance on pregnancy-related discrimination
- Support following dismissal or redundancy during or after maternity or paternity leave
- Flexible working requests and appeals
- Tribunal representation where necessary
Talk to our maternity and paternity rights solicitors today
If you are facing issues related to maternity or paternity leave, redundancy, discrimination, or returning to work, don’t hesitate to contact our experienced employment team. We’ll provide clear, empathetic advice and take swift action to protect your rights.
Reach out today using our online enquiry form or call one of our offices directly. We’re here to support you every step of the way.
Why work with our employment solicitors?
At Owen White Catlin, we’re proud to help individuals across South West London, Surrey and Middlesex secure fair treatment for new and expectant parents during one of the most important times in their lives.
We understand the stress and uncertainty that often accompanies maternity and paternity related workplace issues, and we’re here to support you with strength, clarity, and compassion.
- Specialist expertise in family-related employment rights;
- Decades of experience resolving sensitive workplace disputes;
- A client-first approach that’s empathetic, effective and bespoke;
- Strong negotiation and tribunal representation;
- Transparent and fair on costs – you’ll always know where you stand.
Our maternity and paternity legal services
Your rights during maternity leave
As an employee, if you meet certain eligibility criteria and notify your employer in the correct way, you’re entitled to:
- Up to 52 weeks of maternity leave, made up of 26 weeks of Ordinary Maternity Leave (OML) and 26 weeks of Additional Maternity Leave (AML)
- Statutory Maternity Pay (SMP) for up to 39 weeks if you meet certain service and earnings criteria—or Maternity Allowance if SMP isn’t available
- The right to return to your job, or a suitable alternative if your role no longer exists
- Protection from redundancy, including priority for any suitable alternative roles
- Protection from unfair dismissal, discrimination, or detriment due to pregnancy, childbirth, or taking maternity leave
We understand how stressful it can be when your employer doesn't follow the rules. If you’ve been treated unfairly due to your pregnancy or maternity leave, we can help you take action and seek redress.
Pregnancy discrimination and unfair dismissal
If your employer dismisses you because of your pregnancy, maternity leave, or a related issue, this will likely be considered automatic unfair dismissal. You may also have a claim for pregnancy or maternity discrimination.
Sometimes employers will try to disguise the real reason for dismissal (citing, for example, redundancy), however, if the real reason is your pregnancy or maternity leave, the law is clear: this is unlawful.
We will work with you to understand the full picture, advise you on your strongest legal options, and provide determined representation should you wish to pursue a tribunal claim.
Redundancy and maternity leave
While you can be made redundant during maternity leave, your employer must follow very specific rules. Critically, if there is a suitable alternative vacancy, you have the right to be offered it before other employees at risk of redundancy.
If your employer fails to follow this rule, or if you are selected for redundancy due to your pregnancy or leave, you may be able to claim for automatic unfair dismissal and discrimination. Our solicitors will ensure your redundancy is scrutinised carefully and that your rights are upheld.
Paternity leave and shared parental leave
Eligible employees have the right to take up to two weeks of paternity leave following the birth or adoption of a child, along with Statutory Paternity Pay if certain criteria are met.
For families who want to share childcare responsibilities, Shared Parental Leave (SPL) allows parents to split up to 50 weeks of leave and 37 weeks of pay in the first year after birth or adoption. This can be taken in blocks or all at once, depending on what suits your needs.
If you’re treated unfairly for taking, or requesting, paternity or shared parental leave - such as being denied time off, overlooked for promotion, or pressured not to take leave - you may have a claim for discrimination.
Our employment solicitors can help you understand your rights, explore your options, and take action if those rights are ignored.
Returning to work and flexible working
Returning to work after maternity or paternity leave often requires a shift in priorities. You have the right to request flexible working, and your employer is legally obliged to consider your request reasonably.
If your employer refuses your request without a valid reason or applies a policy that puts you at a disadvantage due to your childcare responsibilities, you may have grounds for an indirect sex discrimination claim.
We can help you negotiate flexible working arrangements or take legal action if your request is unfairly denied.
Talk to our maternity and paternity rights solicitors today
If you’re facing challenges around maternity or paternity leave, redundancy, discrimination or returning to work, contact our experienced employment law team today. We’ll provide clear, compassionate advice and take prompt action to protect your rights—simply call one of our office numbers or use our online enquiry form to get started.