A Guide To Pregnancy & Maternity Rights

Pregnancy and maternity discrimination remains one of the most common workplace claims brought before Employment Tribunals.

Understanding your legal obligations and supporting employees throughout pregnancy, maternity leave, and their return to work can help create a positive workplace culture while reducing legal risk.

This guide outlines the key rights of pregnant employees and new mothers, along with the responsibilities employers must fulfil.

Who Is Protected

The law protects employees and job applicants from unfavourable treatment because of pregnancy or maternity.

Many workplace protections may also apply to other workers, including:

• Agency workers
• Self-employed consultants
• Casual workers
• Some contractors

Protection begins when pregnancy starts and continues throughout maternity leave and, in some cases, beyond an employee’s return to work.

Supporting Pregnant Employees

Once an employee informs you that they are pregnant, there are several important steps you should take.

Carry Out a Risk Assessment

Employers should undertake a specific workplace risk assessment for pregnant employees and review it throughout the pregnancy if circumstances change.

The assessment should consider risks such as:

• Heavy lifting
• Long working hours
• Exposure to hazardous substances
• Workplace stress
• Lone working
• Excessive standing or physical demands

Where risks cannot be adequately controlled, employers may need to adjust duties, alter working arrangements, or consider suitable alternative work.

Allow Time Off for Antenatal Appointments

Pregnant employees are entitled to reasonable paid time off during working hours for antenatal appointments.

Employers can request evidence of appointments after the first appointment, such as an appointment card or letter.

Avoid Unfavourable Treatment

Employers must not treat an employee unfavourably because:

• She is pregnant;
• She has pregnancy-related sickness; or
• She intends to take maternity leave.

Examples of unlawful treatment include:

• Excluding an employee from training opportunities;
• Refusing promotion because of pregnancy;
• Reducing responsibilities without justification;
• Making negative comments about pregnancy-related absence.

Maternity Leav

Eligible employees are entitled to up to 52 weeks’ maternity leave, consisting of:

• 26 weeks’ Ordinary Maternity Leave; and
• 26 weeks’ Additional Maternity Leave.

To qualify, employees should notify their employer at least 15 weeks before the expected week of childbirth and confirm:

• That they are pregnant;
• The expected week of childbirth; and
• The date they wish maternity leave to begin.

Generally, maternity leave cannot begin earlier than 11 weeks before the expected week of childbirth.

Statutory Maternity Pay (SMP)

Employees may qualify for Statutory Maternity Pay if they:

• Have at least 26 weeks’ continuous service by the 15th week before the expected week of childbirth; and
• Meet the minimum earnings requirements.

Statutory Maternity Pay is payable for up to 39 weeks.

The first six weeks are paid at 90% of average weekly earnings, with the remaining 33 weeks paid at the statutory rate set by the Government or 90% of average weekly earnings if lower.

Employers should remember that employees continue to:

• Accrue annual leave;
• Receive contractual benefits (except salary);
• Benefit from continuity of employment.

Keeping in Touch (KIT) Days

Employees on maternity leave may work up to 10 Keeping in Touch (KIT) days without ending their maternity leave or losing maternity pay.

KIT days can be used for:

• Training;
• Team meetings;
• Conferences;
• Workplace updates;
• Returning-to-work preparation.

Participation is entirely voluntary.

Employers are not required to offer KIT days and employees are not required to accept them.

Returning to Work After Maternity Leave

Employees generally have the right to return to the same role after maternity leave.

Where this is not reasonably practicable, they may be offered a suitable alternative role with terms and conditions that are no less favourable.

Employers should carefully consider any proposed changes and seek advice where necessary.

Flexible Working Requests

Many employees seek greater flexibility following maternity leave.

Eligible employees have the right to request flexible working arrangements, including:

• Reduced hours;
• Different start and finish times;
• Hybrid working;
• Compressed hours;
• Job sharing.

Employers must consider requests reasonably and respond within the statutory timeframe.

Redundancy Protection

Special redundancy protections apply to employees who are:

• Pregnant;
• On maternity leave;
• Returning from maternity leave;
• Returning from adoption leave; or
• Returning from a qualifying period of shared parental leave.

Since April 2024, these protections have been extended.

Where a redundancy situation arises, affected employees may have priority entitlement to any suitable alternative vacancy that exists.

Employers should seek advice before making pregnant employees or those on maternity leave redundant, as mistakes can be costly.

Can an Employee Be Dismissed During Pregnancy or Maternity Leave

Dismissal is not automatically prohibited, but it is a high-risk area.

A dismissal will usually be automatically unfair if the reason, or principal reason, is connected to:

• Pregnancy;
• Childbirth;
• Maternity leave; or
• Exercising maternity rights.

Where dismissal is genuinely unrelated to pregnancy or maternity, employers must still follow a fair process and ensure there is sufficient evidence to support the decision.

Victimisation

Employers must not victimise employees because they:

• Raise concerns about discrimination;
• Make a complaint;
• Support another employee’s complaint; or
• Participate in legal proceedings.

Victimisation claims can arise even where the original discrimination complaint is unsuccessful.

Vicarious Liability

Employers can be held liable for discriminatory acts carried out by employees during the course of employment.

This may include acts committed by managers, colleagues, or in some circumstances, third parties such as customers or clients.

Employers can reduce risk by:

• Having clear equality policies;
• Providing regular training;
• Investigating complaints promptly;
• Taking appropriate disciplinary action.

Consequences of Non-Complianc

Pregnancy and maternity discrimination claims can result in:

• Unlimited compensation awards;
• Awards for injury to feelings;
• Significant legal costs;
• Management time and disruption;
• Reputational damage;
• Reduced employee morale.

Prevention is almost always less costly than defending a claim.

Frequently Asked Questions (FAQs)

How We Can Help

Managing pregnancy and maternity rights can be complex, particularly when issues arise around sickness absence, flexible working, performance management, or redundancy.

Wilson Browne’s Employment Law team can advise employers on policies, procedures, maternity rights, workplace risk assessments, redundancy exercises, and defending Employment Tribunal claims.