Pregnancy related dismissal

Pregnant women and women on maternity leave have rights in the workplace including the right not to be dismissed or made redundant because of their pregnancy or maternity leave. If a woman is dismissed or selected for redundancy where the only reason or the main reason for her dismissal or selection is related to pregnancy or maternity leave the dismissal will be automatically unfair in law (Section 99 Employment Rights Act 1996).

If a redundancy situation arises whilst an employee is pregnant or on maternity leave and the employer or an associated employer has a suitable alternative vacancy, the employee should be offered the suitable alternative vacancy in preference to other colleagues. If an employer fails to do this, the employee may have a claim for automatically unfair dismissal and possibly pregnancy and maternity discrimination.

Linder Myers can assist employees by providing them with straightforward advice in the area of pregnancy related dismissals. We can give practical and tailored advice to employers and assist with legally compliant policies and procedures relating to pregnancy and maternity leave. We can also represent employers and employees in Employment Tribunal proceedings.