BlkKnight

A friend who owns a small business has recently taken on a new member of staff (2 days ago).

The friend overheard (a loud heated conversation) with the new member of staff & one of her personal friends stating that "she wanted to carry on with the pregnancy and did not want to abort".

I understand that the law has changed recently so that there is no qualifying period for someone to be able to claim maternity pay & leave.

Is there anything the small company can do?

OllyK

If they have only been with them a month, you usually have a 1 month trial period. At the end just say sorry it didn't work out and let them go.

scoob_babe

And get taken to a tribunal in the process....try proving that the pregnancy has not got in the way of a decision. A good lawyer will pull that apart.

There is no longer any qualifying process in order to gain maternity leave. If they have been employed for less than 26 weeks prior to the birth, they will qualify for maternity pay via the company. It can be Stat Pay (SMP) which can be claimed back so company is not out of pocket. If less than 26 weeks, then maternity allowance can be claimed.

Devildog

So you simply document innapropriate conduct and behaviour (start with "having a disruptive conversation with a friend on company time") together with poor performance in the trial period.

Plenty of evidence in the unlikely event that the individual in question decides to ruin her future employment chances by going to a tribunal.

Or, for less than the actual cost to theis small company of having to re-hire someone else on a temporary contract to do the job whilst the individual is on maternity leave they could hire a better lawyer.

The costs (to small businesses in particular) of having staff on maternity or any other long term leave for that matter is significant, regardless of who is paying the SMP.

oldsplice

Has she actually told the employer she's pregnant?

BlkKnight

no - but it's early days (not showing)

SCOsazOBY

Try ACAS for guidance from an employer point of view as the last thing the company wants is to discriminate against a pregnant woman.

scoob_babe

It's upto the employee in question to tell the employer, not someone else who may have mis-heard a juicy bit of gossip. There's also no legal requirement for her to disclose at interview that she is pregnant.

It might not be early days anyway - I didn't show until I was 6 months!
I do actually agree that the maternity laws really do screw over the smaller company but this is quite a hot subject lately after Alan Sugar's comments about not hiring a woman between the ages of 20-40 (or something like that).

SCOsazOBY

I think its up to 15 weeks before the babys due date that the employee doesnt have to declare to the employer, you dont get your MatB1 until youre about 6 months in to the pregnancy.
SMP can be claimed back from the government and maternity allowance is slightly less but also paid by the government. I think the only downside is the company may have to arrange cover for the vacancy whilst the woman is on maternity leave and they will also need to provide an expectant mother risk assessment as per HSE guidlines.

scoob_babe

Yes, the MatB1 form can be issued from 20 weeks onwards and you aren't forced to disclose anything until 15 weeks before estimated due date of birth.

Devildog

Ok, better bin her before she lets her employer know.

Harsh, yes, but the reality of the situation.

BlkKnight

shame because she's actually a pretty decent worker.

The company in question just can't afford all the hassle & money.

SCOsazOBY

She's obviously more decent than the company in question if they view a pregnant woman as hassle and expense

BlkKnight

not from a small company per chance?

OllyK

Large company I'd agree, a small company with a handful of employees and this kind of thing has a massive impact and cost.