Making Sense of Employment Law – Maternity Leave Discrimination
Who is protected from maternity discrimination?
Maternity discrimination is where an employee is treated unfavourably as a result of her maternity leave (or request for maternity leave). Since October 2010 this type of discrimination has been unlawful under the Equality Act.
See also pregnancy discrimination.
Types of maternity leave discrimination
There are many forms of workplace discrimination and maternity discrimination where a woman is treated unfavourably because of:
- Exercising, seeking to exercise or having exercised or sought to exercise, the statutory right to maternity leave.
- Complying with the law prohibiting her working during compulsory maternity leave.
If you would like to talk to our workplace discrimination and maternity leave discrimination experts email Fiona Martin or call your local martin searle solicitors‘ office on 01273 609911 (Brighton) or 0845 189 0152 (Croydon).
Maternity rights
Discrimination law gives both sexes rights to protect them from sex discrimination. Maternity rights relate to maternity leave and apply to pregnant women and women who have given birth. Failing to observe these rights can result in an employer facing an
Employment Tribunal claim.
Maternity leave
All employees are entitled to one year’s statutory maternity leave regardless of length of service.
Keeping in touch
Employees are now entitled to work for their employer during maternity leave for up to 10 days without bringing that leave to an end.
Maternity pay
Statutory maternity pay is now 39 weeks for those who qualify.
Compulsory maternity leave
All employees must take a minimum two weeks’ maternity leave from the day of birth.
Pay and benefit
A woman may bring a discrimination claim if as a result of maternity leave she is denied benefit of the terms and conditions to which she is entitled (including pay rises, promotion and bonuses).
Unfair dismissal
It is automatically unfair to dismiss a woman, or select her for redundancy, where the principal reason is connected to her statutory maternity leave (this includes non-renewal of a fixed-term contract). It is automatic unfair dismissal to select her for redundancy during additional or ordinary maternity leave for reasons mainly connected to the fact she has given birth/is taking maternity leave. See our Pregnancy and Maternity Discrimination Factsheet for more on unfair dismissal and redundancy.
Holiday
Statutory paid annual leave (5.6 weeks) continues to accrue during ordinary maternity leave and additional maternity leave.
Health and safety
Employers must make suitable and sufficient assessment of the health and safety risks to new and breastfeeding mothers.
Breastfeeding
Employers must provide adequate rest and meal breaks and suitable rest facilities for breastfeeding mothers (not toilets).
Flexible working requests
An employee with a child under 17 (18 if the child is disabled), has the right to request flexible working. Employers must give proper consideration to the request following statutory procedures.
Want to talk to us?
If you would like to discuss employment discrimination law or for any other information relating to discrimination in the workplace please email Fiona Martin or call your local martin searle solicitors’ office on 01273 609911 (Brighton) or 0845 189 0152 (Croydon).
