Maternity rights - before leave is taken

Right to time off for ante-natal care

All pregnant employees, regardless of length of service, are entitled to a reasonable time off work for antenatal care. This time off must be paid at the normal remuneration rate.

Employers should be aware that ante-natal care can encompass relaxation as well as actual ante-natal appointments.

Protection against unfair dismissal

An employee will be treated as having been unfairly dismissed if the principal reason for dismissal is the pregnancy of the employee. In such circumstances, the one-year continuous service requirement is not required to bring a claim for unfair dismissal. Any dismissal pregnancy-related grounds will be deemed automatically unfair.

Protection against pregnancy-related discrimination

It is unlawful for employers to treat pregnant women less favourably. Examples of unfavourable treatment include: cutting their hours without permission, making them redundant because of their pregnancy, or giving them an unmanageable workload.

Health and safety in the workplace

Employers should carry out and review the risk assessment for the pregnant employee upon becoming aware of their pregnancy. This will enable any necessary changes to duties or the working environment to be implemented. Employers should ensure that the pregnant employee is engaged in this process to accurately determine what, if any, adjustments are required.

Maternity rights after leave is taken

Right to return to the same job, unless it is not practical for her to do so.

If a woman takes ordinary maternity leave or combines maternity leave with a period of shared parental leave where the total leave is 26 weeks or less, she is entitled to return to the same job in which she was employed prior to her absence. Further, her terms of employment must also be the same or not less favourable. This will also apply when a period of additional maternity leave is taken provided it is reasonably practical. If not, the employer must provide another job that is suitable and appropriate in the circumstances.

Priority for alternative employment in redundancy cases

If a redundancy situation arises while a pregnant employee is on maternity leave, she has the right to be offered a suitable alternative vacancy immediately after her existing contract ends. This includes a position with the employer’s successor or any associated employer. The pregnant employee will be given priority over other employees who are suitable for redundancy. If the employer does not comply with this, the employee would be able to claim automatically unfair dismissal.

Reasonable contact throughout maternity leave

An employer should check with the employee if they would like any contact during maternity leave. If so, Keeping in Touch days can be arranged where the employee can come into work for up to ten days whilst off on maternity leave without bringing the leave to an end.

Automatic right to reasons for dismissal

As already outlined, it is very risky to dismiss an employee whilst on maternity leave. However, should this be the case, an employer is obligated to provide the dismissed employee with written reasons for dismissal. There is no need for the employee to request the written statement and there is also no need for the one-year qualifying service period to be met.