Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Employment lawMaternityFlexible workingRecruitment & retention

Weekly dilemma: New mothers returning to work

by Personnel Today 11 Nov 2010
by Personnel Today 11 Nov 2010

One of my factory employees is due back soon from maternity leave. I undertook a risk assessment before she went on leave, but is there anything I need to be aware of when she returns to work?

The need to tread carefully here is obvious. Returning to work can be a daunting process, especially if your employee was away for a whole year’s maternity leave. Before any of the legal issues considered below, you should do what you can to reassure your employee that you are pleased to see her and that your door is open should she have any concerns in the immediate aftermath of her return. A “how’s it going?” after a week or so can be very valuable.

If any new processes or equipment have been introduced since your employee went on leave, offer her the appropriate training. You can encourage her to undertake this on keeping-in-touch days before her official return, but you cannot compel this. If she is generally a little “slow off the blocks” immediately after her return, whether new processes are involved or not, this should not lead to formal performance-management steps until she has had a chance to get back up to speed.

You are required to take reasonable steps to procure a safe system of work for your staff. This includes the assessment of risks applicable only to particular groups, including new mothers. It may be worth looking at the comments and experiences of past maternity returners to help identify any particular concerns. If health reasons prevent your employee returning to her old job, then consider and discuss with her whether or not there is any alternative, as above. If there is a risk to her health and safety that cannot be avoided, you may need to suspend her with pay.

Your employee may make a flexible working application, seeking reduced days or hours. You are allowed to reject this if there is a good business reason to do so, but this will not include the fear of setting a precedent for others or any untested assertion that “it just won’t work”. Follow the statutory timetable for the consideration of flexible working applications if you want to avoid a claim, however good your reasons for rejecting the application. If in any doubt, offer the flexible arrangement your employee seeks on an expressly trial basis – remember that in practical terms the onus is on you to show that the arrangement sought would not work, and not for her to show that it would. Keep a record of your thinking in this regard.

It may be that your employee’s new hours/days requirements will not suit her old job but could be made to work in a new one. Discuss the alternative position with her even if it would entail a demotion or drop in pay. The decision as to what level of role she would accept in order to keep her employment is hers, not yours.

Jokes about breast-feeding, childbirth and babies wear thin very rapidly, especially for recent mothers. Even meant wholly without malice, they may still constitute sexual harassment. Similar comments casting doubt on her commitment if she returns part-time may also lead to a claim. It would therefore be sensible to put a discreet written “shot across the bows” of any of your staff who you believe might be tempted to say something inappropriate. This way you may prevent any harassment of your returning employee, or at least limit your liability for it.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

David Whincup, partner and London head of employment, Hammonds LLP

XpertHR FAQs on new mothers at work

  • Is an employer obliged to carry out an individual risk assessment for all new mothers returning to work from maternity leave?
  • What adjustments to a new mother’s working conditions or hours of work might an employer make?
  • Can an employer offer a new mother less money for alternative work where she cannot do her normal job because of the risks involved?

Personnel Today

previous post
Trade union officials lack understanding of conciliation, warns Acas
next post
Welfare reform proposals praised as ‘enormously bold’

You may also like

Fire and rehire: the relocation question

22 May 2025

How neuroscience can unlock employee recognition

22 May 2025

HSBC employees warned of office attendance link to...

22 May 2025

Minister defends Employment Rights Bill at Acas conference

16 May 2025

Workers ‘wait and see’ as companies struggle to...

16 May 2025

CBI chair Soames accuses ministers of not listening...

16 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

Contract cleaner loses EAT race discrimination appeal

14 May 2025

Four ways employers can reduce the risk of...

14 May 2025

So what does the election of a new...

9 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+