5 Key Maternity Rights to Safeguard Against Unfair Dismissal
5 Key Maternity Rights to Safeguard Against Unfair Dismissal
Key points
- Dismissal for pregnancy or maternity leave is automatically unfair under ERA 1996 s99.
- Protected period covers entire maternity leave duration.
- Right to return to same or equivalent job post-leave.
- Detriment for maternity reasons is unlawful and claimable.
- Suspension on maternity grounds entitles you to full pay.
- Claims must start with ACAS early conciliation within 3 months.
Maternity rights unfair dismissal protections are crucial for pregnant workers and new mothers in the UK. Under UK maternity employment law, dismissing someone because of pregnancy, childbirth, or maternity leave is automatically unfair, offering robust safeguards against pregnancy dismissal.
These rights stem from the Employment Rights Act 1996 (ERA) and the Equality Act 2010, ensuring maternity leave protections during what should be a joyful time. This guide outlines five key maternity rights to help you recognise unfair treatment and take action, such as through an employment tribunal maternity claim.
Knowing these worker pregnancy rights empowers you to challenge detriment maternity leave issues confidently.
1. The Protected Period for Pregnancy and Maternity
Under the Equality Act 2010, section 18 defines the protected period maternity timeframe starting from the beginning of pregnancy. During this time, any unfavourable treatment because of pregnancy or related illness is direct discrimination. For example, if your boss reduces your hours or excludes you from promotions solely due to your pregnancy, this falls within protected period maternity rules.
This period extends through compulsory, ordinary, and additional maternity leave. Even decisions made during this phase, implemented later, are covered. If dismissed, tribunals view it as pregnancy-related unless proven otherwise, making it a cornerstone of maternity rights unfair dismissal defences.
- Protection starts at pregnancy confirmation.
- Lasts until end of additional maternity leave (up to 52 weeks).
- Covers illness resulting from pregnancy.
Time limit for claims is usually three months less one day from the incident; contact ACAS for early conciliation first.
2. Automatic Unfair Dismissal for Pregnancy or Maternity-Related Reasons
Section 99 of the Employment Rights Act 1996 states that dismissing an employee for reasons connected to pregnancy, childbirth, or taking maternity leave is automatically unfair. This includes ordinary or additional maternity leave. No qualifying service period is needed, unlike standard unfair dismissal claims.
For instance, if made redundant because your role was ‘covered’ during maternity leave without fair selection, or pressured to resign due to pregnancy, it qualifies as unfair dismissal pregnancy. Tribunals award compensation without proving fault, often including basic and compensatory awards.
- Applies from day one of employment.
- No need for two years’ service.
- Covers redundancy selection linked to maternity.
Keep records of communications showing maternity as the dismissal reason.
3. The Right to Return to Work After Maternity Leave
After ordinary maternity leave (first 26 weeks), you have the right to return to the exact same job under regulation 18 of the Maternity and Parental Leave etc. Regulations 1999. For additional maternity leave (up to 52 weeks total), it must be the same job or one ‘not less favourable’ in status and pay.
Failure to offer this can lead to unfair dismissal claims if it results in termination. Real-world example: a marketing manager returns to find her role given away permanently without equivalent offer – this breaches maternity leave protections and supports an employment tribunal maternity case.
- Same job after OML.
- Suitable alternative after AML.
- Terms no less favourable.
- Notify employer of return date at least 8 weeks before.
- If no suitable job, claim constructive dismissal.
Provide return date in writing to avoid disputes.
4. Protection from Detriment During Maternity Leave
You are protected from detriment maternity leave issues like demotion, reduced pay, or bullying for being pregnant or taking leave. This covers seeking or returning from leave. Under ERA 1996, such actions can lead to tribunal claims for compensation.
Imagine being overlooked for training while on maternity – this detriment could escalate to unfair dismissal if unaddressed. Claims must be filed within three months, extendable via ACAS early conciliation.
- Covers pregnancy, birth, leave requests.
- Includes failure to return after improper notice.
- Compensation for injury to feelings possible.
Note dates, witnesses, and impacts of any detriment.
5. Suspension on Maternity Grounds with Full Pay
Employers must suspend pregnant or breastfeeding workers from unsafe roles with full remuneration under sections 66-68 ERA 1996. This applies to relevant statutory requirements, like hazardous chemicals. Suspension pay is your normal wage, protecting against financial detriment.
If no alternative safe work is offered, suspension continues with pay. Refusal to pay or dismiss during this is unfair, bolstering maternity rights unfair dismissal claims. Example: a factory worker suspended from machinery operation due to pregnancy risks – entitled to pay throughout.
- Full pay during suspension.
- Duty to offer suitable alternative first.
- Up to compulsory maternity leave.
- Request risk assessment from employer.
- If unsafe, suspension with pay applies.
Employers must conduct these by law during pregnancy.
Wrapping Up: Know and Enforce Your Maternity Rights
These five maternity rights unfair dismissal safeguards – from the protected period to suspension pay – form a strong shield under UK maternity employment law. Recognising unfair dismissal pregnancy signs early can prevent escalation.
Always document issues and seek ACAS advice promptly. If needed, employment tribunal maternity proceedings offer remedies like compensation or reinstatement, ensuring your rights are upheld.
Frequently asked questions
What is the time limit for a maternity rights unfair dismissal claim?
You generally have three months less one day from the dismissal or detriment date to contact ACAS for early conciliation, which pauses the clock and may extend the tribunal filing time. Always act quickly as extensions are not guaranteed.
Do I need two years’ service for pregnancy dismissal claims?
No, automatic unfair dismissal for pregnancy, childbirth, or maternity leave reasons under ERA s99 applies from day one of employment, unlike ordinary unfair dismissal claims.
What happens if my employer selects me for redundancy during maternity?
If linked to your pregnancy or leave, it is automatically unfair. You have priority for suitable alternative roles, and tribunals scrutinise selection processes closely.
Can I claim detriment before being dismissed?
Yes, regulation 19 protects against detriment like pay cuts or bullying for maternity reasons, with tribunal remedies including compensation.
Who pays during maternity suspension?
Your employer must pay full remuneration under ERA s68 until suitable work, maternity leave, or 26 weeks elapse.
What evidence do I need for an employment tribunal maternity claim?
Emails, meeting notes, performance records, and witness statements showing maternity as the reason for treatment; medical evidence for pregnancy-related illness.
Need Help with Your Claim?
Contact ACAS today or prepare your employment tribunal case with our guides. Protect your maternity rights unfair dismissal entitlements now.
This is not legal advice, this post is for information purposes only, legal advice should be from legal professionals only.
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