Protection from dismissal and detrimental treatment
Dismissal or selection for redundancy of any woman who is pregnant, or has recently given birth, is automatically unfair regardless of her length of service or hours of work in many circumstances.
Employees also have the right not to be subjected to detrimental treatment on the grounds of pregnancy, childbirth or maternity. No qualifying service is required and employees may seek redress through an employment tribunal for infringements of this right.
Suspension from work on maternity grounds
Under health and safety at work legislation, employers have an obligation to carry out risk assessments for the safety of employees. This assessment must include any risk posed to the health and safety of a woman who is of childbearing age.
Remuneration during suspension
If an employee is suspended on maternity pay, she is entitled to full pay during the period of her suspension. During that period, an employee retains her continuity of employment.
The right to take maternity leave and return to work
All employees who are expecting a baby are entitled to maternity leave, regardless of their length of service or hours of work. Employees who have taken ordinary maternity leave or additional maternity leave normally have the right to return to the same job.