Antenatal rights for partners, performance improvement plans, and contractual notice periods By Terry Brandon, BALPA National Officer Q Do I have a legal right to attend my partners antenatal classes? Employees who are expectant fathers or the partner of a pregnant woman have the right to unpaid time off to attend up to two antenatal appointments. No evidence is required, but your employer can request a signed declaration stating time, date, and confirmation that the purpose for the time off is to accompany her to the appointment. This right can be improved upon through industrial negotiations. Company Councils may look to improve upon the many unpaid rights through their collective bargaining. Q Should my employer support female pilots who are going through the menopause? Employers should take reasonable steps to support employees affected by the menopause. Acas advises that by having regular conversations with staff and listening to their concerns, employers might help resolve issues early. Employers should be reminded how the menopause relates to the law, including the: Equality Act 2010, which protects workers against discrimination Health and Safety at Work Act 1974, which says an employer must, where reasonably practical, ensure everyones health, safety and welfare at work. The menopause is not a specific protected characteristic under the Equality Act 2010. But if an employee is put at a disadvantage and treated less favourably because of their menopause symptoms, this could be discrimination if related to a protected characteristic, for example age, disability, gender reassignment and sex. Q I have been struggling recently keeping above my airlines standards and have been encouraged to enter a performance improvement plan. What can I expect? A performance improvement plan is a mutually agreed written document that contains several time-constrained work-related goals. The plan would typically allow for realistic achievable performance improvements, which are consistent with your role and the training and support you receive from your airline. You should have held a conversation with your employer about what may be causing your performance to dip. There could be many reasons for poor performance and a modern employer should have structures in place to support you, such as an employee assistance scheme. Obviously, if the performance remains below standard, and training and support does not improve it, your airline may initiate another process, possibly capability or disciplinary. If you have a question youd like to put to Terry or any of our other BALPA experts, email TheLog@balpa.org Q I have been in an airline holding pool that has just recalled me. I am expected to start sooner than my contractual notice period. Can I just walk away? It is possible that the employer could instigate a claim against you. But to succeed in this kind of claim, the employer must demonstrate that by giving shorter than your contractually obliged notice period caused foreseeable financial loss. Even without a legal claim against you, your breach of contract could influence the kind of reference a future employer receives. The best solution is always to find a compromise. Members in similar circumstances, with support from their Company Council reps, have agreed a reduction in notice period or an extension to the timeline of their new employer, or both. INDUSTRIAL ISSUES Know your rights