Maternity rights are among the most commonly breached employment rights. Pregnant employees and new mothers are strongly protected by law, and employers must ensure fair and safe treatment throughout pregnancy and maternity leave.

​

Your core rights

​

If you meet the eligibility criteria, you may be entitled to:

​

• maternity leave – up to 52 weeks,

• Statutory Maternity Pay (SMP) or Maternity Allowance,

• paid time off for antenatal appointments,

• protection from unfair treatment related to pregnancy or maternity.

 

Protection from dismissal and unfair treatment

​

Under the Employment Rights Act 1996, dismissal because of pregnancy or a pregnancy‑related reason is considered automatically unfair dismissal.

​

This means you do not need 2 years of continuous service to bring a claim to the Employment Tribunal.

​

Under the Equality Act 2010, it is unlawful discrimination if a woman is treated unfavourably because of:

​

• pregnancy,

• a pregnancy‑related illness,

• maternity leave.

 

In some cases, sex discrimination laws may also apply.

​

Your rights during maternity leave

​

During statutory maternity leave, your employment rights remain protected. This includes:

​

• the right to any pay rise given to other employees,

• the right to accrue holiday,

• the right to return to the same or a suitable alternative role.

 

If you do not qualify for SMP, you may be able to claim Maternity Allowance.

​

When to seek advice

​

Common issues employees face include:

​

• pressure to disclose pregnancy early,

• refusal of paid time off for antenatal care,

• being overlooked for promotion or favourable shifts,

• unfair treatment after returning from leave,

• attempts to dismiss or push them out of the workplace.

 

If you’re unsure whether your maternity rights are being respected, I can review your situation and explain your options.