New contract when pregnant. Any advice gratefully received...

[carlito]

I am starting to think about trying for a second baby in the next few months. My company has taken over another company and we are going to be issued with a new contract sometime in Jan 2010. The maternity package at my old company was/is very good, and it enabled me to take far longer off work than I would have been able to otherwise the first time round. I am fairly confident that the new maternity package will not be as good and is more likely to be more like the statutory one. If I already happen to be pregnant when the new contract gets issued does anyone know if I have any leg to stand on if it means me and others like me will be much worse off with the new one or does everyone just have to go along with it ? It has been suggested not signing it but I think by carrying on working you are effectively agreeing to it anyway. If anyone knows anything about this I would really appreciate some advice/thoughts ?

[Zina]

Hi. I'm not a lawyer, but I work in HR. I understand that your work can't just issue you with a new contract unilaterally - this would be a breach of contract. They have to follow the correct processes which generally involve consultation with employee representatives. If they are doing this, you should speak to your employee rep to ensure they represent your views (or volunteer to be a rep yourself). If they are not consulting, I think they will be on pretty dodgy ground legally if you challenged the new contract. Your employer would also need to show that there were strong business/ financial reasons for the change - I would be surprised if maternity pay makes up a significant part of employee costs at your work. You could also raise this point during consultation.

If and when they do issue you with a new contract, you would have the option of formally notifying them that you object to this term in the new contract, and that although you will carry on working, you do not accept this change. Changing employee contracts is a farily complex area so you might want to try and get some legal advice if there's no trade unions/ HR or employee rep's you can speak to at work. I'm afraid I don't know what impact actually being pregnant would have on your rights.

[Fuschia]

I don't see how your company taking over another justifoies a changeto your contract. Uf it was your company being taken over, TUPE may apply http://www.cipd.co.uk/subjects/emplaw/tupe/tupe.htm?IsSrchRes=1

There are restictions on an employer unilaterally varying a contract (which amending your maternity rights does)

http://www.acas.org.uk/index.aspx?articleid=816

I'd suggest speaking to ACAS for advice.

http://www.acas.org.uk/index.aspx?articleid=1410

[legalbeagle]

This exact same point arose with me in my last job (I am a lawyer, though not an employment law expert). My understanding is that the company cannot unilaterally change your contract. You were employed on the basis of your original contract, which stands unless you both agree to alter it. If you notify your boss that you are not happy to accept the new terms then you are not deemed to have accepted them just because you carry on working.

With my company I raised the point, and in the end they moved me onto the new contract except in relation to the old maternity provisions, which stayed the same. Only those women who specifically asked for this exception got it, the others moved on to completely new terms. The company may not mind making this sort of exception for a few employees, they will still have most employees plus any new ones on the standard contract. I would raise the point with your boss and stand your ground. They aren't able to force you into it very easily.

[carlito]

thanks so much. that's really useful advice from everyone.