Maternity rights are one of the most breached rights at work. Mothers, subject to conditions, have the right to maternity leave, maternity pay and time off for antenatal care.

​

Under the Employment Rights Act 1996 a dismissal because of pregnancy means an “automatic” unfair dismissal, where there is no requirement to show 2 continuous years of service in order to submit an Employment Tribunal Claim. 

Furthermore, under the Equality Act 2010 an employer discriminates against a woman if she is treated worse because of the pregnancy or because of pregnancy-related illness suffered by her. In addition, sex discrimination rules may apply.

 

When you take time off to have a baby you might be eligible for Statutory Maternity Leave (up to 52 weeks), Statutory Maternity Pay (“SMP”)/Maternity Allowance and paid time off for antenatal care. Your employment rights are protected while on Statutory Maternity Leave, such as your right to pay rises, accruing holiday and returning to work.

​

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