The law expressly prohibits employers from discriminating against pregnant women and employees who plan to exercise their right to maternity and paternity entitlement benefits.
All female employees are eligible for maternity leave regardless of status and cannot be dismissed on grounds of pregnancy or childbirth. The right to return to the workplace after extended maternity leave is guaranteed. Pregnancy cannot be used as a reason to select an employee for redundancy.
There are a variety of actions that can amount to maternity leave discrimination including:
- Being sidelined as a result of your pregnancy
- Requests for flexible working refused without reason or explanation
- Redundancy (where you are selected on the grounds of your pregnancy)
- Restructuring during your maternity leave absence
- Failure to carry out health and safety risk assessments
Similarly, the law allows fathers two weeks of paid paternity leave for all newborn children and the right to apply for unpaid parental leave of up to thirteen weeks per child under the age of five.
If you are pregnant and employed you have maternity leave rights. If you feel that you are suffering or have suffered discrimination as a result of your maternity, we will give you our expert opinion and provide you with a list of the options available to you.
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