Pregnancy/Maternity Questions

[formant]

Same rules that apply to 'normal' employers also apply to umbrella companies so the legal requirements are those laid down by HMR&C for entitlement.

HTH

That helps, many thanks!

[formant]

Mumsnet may give the OP the answers and support she is after IMO....

LOL, Mumsnet is going to tell me I'm a horrible, horrible person for even considering not taking maternity leave.

Not my sort of environment. I don't need moral support, I just needed some answers regarding the notification guidelines (which several have now confirmed aren't any different to normal employment when with an umbrella). Thanks to those who actually answered my questions.

I know I'm on shaky ground with this contract. I didn't know anything about contracting or that this wasn't a temporary internal post until I got the job offer, so I sure didn't go seek to go into this type of business/employment relationship. We'll see if post disclosure I get to keep the job.

[northernladuk]

Maybe one for Lisa but as the Umbrella is your employer they have a duty of care to carry out a risk assesment on your working conditions and surely that will include letting your client jet you off while pregnant...

The Duty of Your Employer
Remember, only once your employer has been advised, do they have a duty of care to carry out the risk assessment and take steps to make your work environment safe. All aspects of your working environment and the possible effects of the pregnancy mentioned above need to be taken into account when carrying out the specific risk assessment. The 1999 amendments to the Management of Health and Safety at Work Regulations require employers to take steps to remove, reduce or control risks where individual risk assessments reveal them. If this is not possible, your employer should adjust your working conditions temporarily or provide you with suitable alternative work. If this also is not possible, they should suspend you on full pay.

Obviously, changes that an employer needs to implement will be dictated by the nature of the workplace, the tasks involved and the individual woman. However, some of the simple changes that an employer should consider might include:

• Rearranging working hours
• Providing greater flexibility for rest breaks
• Providing suitable rest facilities
• Re-allocating tasks which involve lifting or carrying to other employees
• Reviewing travel arrangements and requirements

Clearly, it is also important that the risk assessment be revisited at several stages during the pregnancy. Some organisations review again at the start of the second and third trimester, and again just before and after the return to work, to ensure the workplace continues to be a safe environment.

Finally, it is important to discuss your work environment with your doctor. Whilst the great majority of women will experience little or no difficulty working through their pregnancy, your doctor may feel that for particular reasons related to your health or pregnancy, some circumstances of your work need to be changed, or reduced. If this is the case, you should discuss these with your employer to see what other changes can be implemented.

Even though you don't tell your client the Umbrella will have a right to do so as they will have some responsibility over your working conditions surely... even if that is only to advise your client you cannot fly. An Umbrella allowing a client to send you long haul while pregnant is surely negligent?

I can't believe in this day and age of litigation what you are planning to do will not have disastrous results (the not telling the client, not actually the flying bit)

[northernladuk]

Off topic but is this your first contract through the brolly?

[formant]

Maybe one for Lisa but as the Umbrella is your employer they have a duty of care to carry out a risk assesment on your working conditions and surely that will include letting your client jet you off while pregnant...

Even though you don't tell your client the Umbrella will have a right to do so as they will have some responsibility over your working conditions surely... even if that is only to advise your client you cannot fly. An Umbrella allowing a client to send you long haul while pregnant is surely negligent?

I can't believe in this day and age of litigation what you are planning to do will not have disastrous results (the not telling the client, not actually the flying bit)

Well the law dictates that I don't need to advise my employer (so in this case the umbrella company) until 25 weeks. The law also dictates that my maternity/pregnancy rights don't kick in until I've advised my employer. The risk assessment thing also only kicks in thereafter. That's pretty quite unambiguous.

Realistically I don't expect to delay telling my agency and client after telling my umbrella - in fact I would probably tell them first, so whether the umbrella then contacts my client or agency will be irrelevant to me. I would still like to read about someone's actual experience of this 'chain' in making this disclosure.

I should also mention that as I've only just signed up with my umbrella a few days ago and at no point was there any dialogue regarding client-dictated travel and there is no reference to that in my contract with them. It's unlikely that they'd be aware of my training abroad. (Yes this is my first assignment through this or any umbrella).

[northernladuk]

Well the law dictates that I don't need to advise my employer (so in this case the umbrella company) until 25 weeks. The law also dictates that my maternity/pregnancy rights don't kick in until I've advised my employer. The risk assessment thing also only kicks in thereafter. That's pretty quite unambiguous.

Realistically I don't expect to delay telling my agency and client after telling my umbrella - in fact I would probably tell them first, so whether the umbrella then contacts my client or agency will be irrelevant to me. I would still like to read about someone's actual experience of this 'chain' in making this disclosure.

I should also mention that as I've only just signed up with my umbrella a few days ago and at no point was there any dialogue regarding client-dictated travel and there is no reference to that in my contract with them. It's unlikely that they'd be aware of my training abroad. (Yes this is my first assignment through this or any umbrella).

I really can't believe there is going to be anyone in this type of position.. It is a tad unique but quite interesting lol...

Guess it is up to you what you do fro here but from what I see you are dealing with some pretty serious stuff here legal and professional levels. Not telling someone a little late is neither here not there I guess, putting a client/employer whatever in breach of H&S whilst manipulating a situation to suit yourself is pretty serious. I do think you are taking this a bit lightly but anyway, your business, your timings etc.

I believe because you plan on doing one assignment with a brolly means you can't claim travel and subsistence so you might want to have a look in to that.... as well as knowing you will be there for over two years... but then if you are home based guess it won't matter.

[formant]

I really can't believe there is going to be anyone in this type of position.. It is a tad unique but quite interesting lol...

Guess it is up to you what you do fro here but from what I see you are dealing with some pretty serious stuff here legal and professional levels. Not telling someone a little late is neither here not there I guess, putting a client/employer whatever in breach of H&S whilst manipulating a situation to suit yourself is very serious and will lead to dismissal in normal employment situations. Can't believe this would any different, if not more sensitive as this is your client.... I do think you are taking this far too lightly but anyway, your business, your timings etc.

I'm very well aware of the legal matters and will stick to those. What you can and can't believe regarding employment law is pretty irrelevant.
I'm not 'putting the client/employer whatever in breach of H&S' as their responsibility is nonexistent until I they have been informed that I'm pregnant (which at the latest I will need to do by 25 weeks). That 25 weeks is the only legal framework I'd need to be concerned with. In normal employment late disclosure isn't punishable - particularly as once you disclose your pregnancy you're then essentially unsackable. My client has no direct contract with me or liability for me, so why would that be more severe?

I believe because you plan on doing one assignment with a brolly means you can't claim travel and subsistence so you might want to have a look in to that... as well as knowing you will be there for over two years... but then you could be devious about that as well.....

I can claim travel and subsistence, I have checked that. My initial assignment is only for 12 months. There is a good chance for extension, but certainly zero guarantee. Particularly with current circumstances.

[northernladuk]

I'm very well aware of the legal matters and will stick to those. What you can and can't believe regarding employment law is pretty irrelevant.
I'm not 'putting the client/employer whatever in breach of H&S' as their responsibility is nonexistent until I they have been informed that I'm pregnant (which at the latest I will need to do by 25 weeks). That 25 weeks is the only legal framework I'd need to be concerned with. In normal employment late disclosure isn't punishable - particularly as once you disclose your pregnancy you're then essentially unsackable. My client has no direct contract with me or liability for me, so why would that be more severe?

Well you have the legal side well tied up it seems... just the professional side to deal with.

I can claim travel and subsistence, I have checked that. My initial assignment is only for 12 months. There is a good chance for extension, but certainly zero guarantee. Particularly with current circumstances.

I would re-look at that. Not a deal breaker and depends on your attitude to risk I guess but interesting thread below....

http://forums.contractoruk.com/umbre...a-company.html

[formant]

I would re-look at that. Not a deal breaker and depends on your attitude to risk I guess but interesting thread below....

http://forums.contractoruk.com/umbre...a-company.html

That's interesting. Not that risky in my circumstances though, luckily. On a regular basis I'll have few expenses to claim due to being home-based. I'm also contractually home-based so the office isn't my 'regular place of work' by any standards - it would always be a 'temporary place of work'. While away on training all larger expenses (travel, accommodation, car hire) will be/have been covered up front by the client, so nothing huge to worry about there either.

Also - I'm merely expecting to not find another relevant contract after this one (although, if they don't dump me following my pregnancy disclosure, I may just be with them for a long time, as it is a long-term product that I'll be involved with) - so maybe it won' be my only assignment in the end, I'm just trying to be realistic. It's probably more likely that I'll find a permanent job in the field in the long run.

[mudskipper]

I know it's not what you came to ask, but I really think two weeks is a bit naive, even if you're working from home. I suppose best case scenario it's doable, but you should allow for the fact that you may need significantly longer.