Dismissal During Pregnancy and Maternity Leave
Special protection against dismissal during pregnancy and maternity leave. Know your rights and what employers cannot do.
Last updated: 30 January 2025
Pregnant employees and those on maternity leave have the strongest employment protection in UK law.
Protection Overview
From Day One
No qualifying service required for:
- Automatic unfair dismissal (pregnancy-related)
- Sex discrimination
- Pregnancy and maternity discrimination
- Right to written reasons for dismissal
Protected Period
Special protection applies:
- From start of pregnancy
- Throughout pregnancy
- During maternity leave
- On return from maternity leave
Automatically Unfair Dismissal
What's Covered
Dismissal is automatically unfair if connected to:
- Pregnancy itself
- Pregnancy-related illness
- Giving birth
- Taking maternity leave
- Seeking to take maternity leave
- Any connected reason
No Need to Prove
Unlike ordinary unfair dismissal:
- No 2 years' service needed
- No need to show reasonableness
- If pregnancy-related, it's automatically unfair
Examples
| Scenario | Automatically Unfair? |
|---|---|
| Dismissed because pregnant | Yes |
| Dismissed for pregnancy-related sickness | Yes |
| Dismissed during maternity leave for role | Likely yes |
| Made redundant because of maternity cover | Yes |
| Dismissed for unrelated gross misconduct | No (if genuine) |
Discrimination
Sex Discrimination
Dismissing a woman because of pregnancy is direct sex discrimination:
- Only women can be pregnant
- Comparison with men not needed
- Compensation unlimited
Pregnancy and Maternity Discrimination
Specific protection in Equality Act 2010:
- Unfavourable treatment because of pregnancy
- Unfavourable treatment because of maternity leave
- No comparator needed
- Protected period applies
Redundancy During Maternity
Special Rules
If genuinely redundant while on maternity leave:
- Must be offered suitable alternative vacancy
- Priority over other employees
- If refused, dismissal may be fair
- Must follow proper process
Suitable Alternative Vacancy
You must be offered any vacancy that is:
- Suitable for you
- Appropriate to your qualifications
- On terms not substantially less favourable
- In priority (no competitive interview)
No Suitable Vacancy
If genuinely no suitable alternative:
- Redundancy may be lawful
- But employer must prove genuinely no vacancy
- Process must still be fair
- Compensation still applies
Red Flags
Tribunal will be suspicious if:
- You're selected for redundancy while on leave
- Others kept despite less service
- Role continues under different name
- Temporary cover becomes permanent
Written Reasons
Special Right
Pregnant employees and those on maternity leave:
- Automatically entitled to written reasons for dismissal
- No need to request (unlike usual 2-year rule)
- Employer must provide without being asked
- Failure can result in 2 weeks' pay award
Process Requirements
Can Employer Dismiss?
Theoretically yes, but only if:
- Reason is genuinely unrelated to pregnancy/maternity
- Would have dismissed anyway
- Follows full fair process
- Can prove non-discriminatory reason
Examples of Potentially Fair Dismissal
| Situation | Fair? |
|---|---|
| Gross misconduct during maternity leave | Potentially |
| Capability issues from before pregnancy | Potentially |
| Genuine redundancy (with priority) | Potentially |
| Business closure | Potentially |
What Employer Must Prove
Employer must show:
- The reason wasn't pregnancy/maternity related
- They would have treated anyone the same
- Full process was followed
- No discriminatory treatment
Keeping in Touch (KIT) Days
During Maternity Leave
You can work up to 10 KIT days without:
- Ending maternity leave
- Losing SMP
Dismissal and KIT Days
Employer cannot:
- Dismiss for refusing KIT days
- Penalise for not being available
- Use absence from KIT days against you
Return to Work
Your Right to Return
After ordinary maternity leave (first 26 weeks):
- Return to same job
- Same terms and conditions
- Seniority and pension rights preserved
After additional maternity leave (second 26 weeks):
- Return to same job if reasonably practicable
- Or suitable alternative on same terms
- If neither possible, may be redundancy situation
Dismissal on Return
If dismissed on or shortly after return:
- Tribunal will scrutinise carefully
- Timing may suggest discrimination
- Employer must prove genuine reason
- Heavy burden on employer
If You're Dismissed
Immediate Steps
- Request written reasons (automatic right)
- Check if pregnancy/maternity connected
- Note the timing carefully
- Gather evidence of any connection
- Appeal the decision
- Seek advice promptly
Making a Claim
You can claim:
| Claim | Time Limit |
|---|---|
| Automatic unfair dismissal | 3 months less 1 day |
| Sex discrimination | 3 months less 1 day |
| Pregnancy/maternity discrimination | 3 months less 1 day |
Compensation
For pregnancy-related dismissal:
- Basic award (if applicable)
- Compensatory award
- Injury to feelings (discrimination)
- No cap on discrimination
- May be substantial
Protection Summary
| Stage | Protection Level |
|---|---|
| Learning of pregnancy | Protected |
| Throughout pregnancy | Protected |
| Pregnancy-related illness | Protected |
| Maternity leave | Enhanced protection |
| Redundancy on leave | Priority for alternatives |
| Return from leave | Protected |
| First weeks back | Closely scrutinised |
Tips for Employees
During Pregnancy
- Notify employer in writing
- Keep records of communications
- Document any different treatment
- Note comments and attitudes
- Be aware of your rights
On Maternity Leave
- Stay in touch appropriately
- Don't feel pressured
- Know your return rights
- Document any issues
- Seek advice if concerned
If Facing Issues
- Raise concerns formally
- Put everything in writing
- Seek advice early
- Know time limits
- Don't resign hastily
Related answers
Automatically Unfair Dismissal Reasons
Some dismissal reasons are automatically unfair regardless of procedure. Learn what these are and that no minimum service is required.
Dismissal and Discrimination
When is dismissal discriminatory? Understand your rights if dismissed because of a protected characteristic.
Frequently Asked Questions
- Can I be dismissed while pregnant?
- Dismissal connected to pregnancy is automatically unfair and likely discriminatory. You're protected from day one - no qualifying service needed. However, you can still be fairly dismissed for unrelated genuine reasons if proper process is followed.
- Can I be made redundant while on maternity leave?
- Potentially, but you have enhanced rights. If your role is genuinely redundant, you must be offered any suitable alternative vacancy in priority over other employees. If no suitable role exists and proper process is followed, redundancy may be lawful.
- What if I'm dismissed just after returning from maternity leave?
- This could be automatic unfair dismissal and/or discrimination if the dismissal is connected to your pregnancy or maternity leave. Tribunals scrutinise such dismissals carefully, especially if the timing is suspicious.