Pregnancy and Maternity Rights at Work: What You Are Entitled to From Day One
Pregnant employees have extensive legal protections from the first day of employment. Unfair treatment, health and safety, pay, leave, and dismissal. Here is the complete picture.
schedule 9 min readperson Eugene Pienaar, Solicitor (non-practising)
Protection Starts Before You Tell Your Employer
Pregnancy and maternity protection under the Equality Act 2010 begins when you become pregnant -- not when you tell your employer. However, for practical purposes the employer can only discriminate if they know or suspect you are pregnant. You are not required to tell your employer that you are pregnant until the 15th week before your expected week of childbirth, though in practice many women tell their employer earlier. Once you have told your employer, the full range of protections applies immediately.
Health and Safety
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Once your employer knows you are pregnant, they must carry out a risk assessment of your working conditions. If any risk is identified -- heavy lifting, exposure to chemicals, night shifts, standing for long periods -- they must take steps to remove the risk. This means altering your working conditions, offering you alternative work, or if neither is possible, suspending you on full pay. A pregnant employee suspended on health and safety grounds receives full pay and benefits during the suspension. This is not sick leave and does not affect your maternity pay entitlement.
Antenatal Appointments
You have the right to paid time off for antenatal appointments. This applies from day one of employment. Your employer cannot require you to make up the time, take the appointments outside working hours, or use annual leave. You can be asked to provide evidence of appointments -- an appointment card or letter from a midwife or GP -- after the first appointment. Your partner has the right to unpaid time off to attend up to two antenatal appointments.
Maternity Leave
All employees, regardless of length of service, are entitled to 52 weeks of maternity leave -- 26 weeks ordinary maternity leave and 26 weeks additional maternity leave. You must notify your employer of your pregnancy, the expected week of childbirth, and the date you intend to start maternity leave by the 15th week before your expected week of childbirth. You can change your start date with 28 days notice.
During maternity leave all your contractual terms continue except pay. Your employer must continue pension contributions, accrual of annual leave, and other contractual benefits. You continue to be employed and cannot be dismissed simply because you are on maternity leave.
Maternity Pay
Statutory maternity pay is paid for 39 weeks -- 6 weeks at 90% of average weekly earnings, then 33 weeks at the statutory rate (£184.03 per week from April 2025, reviewed annually) or 90% of average weekly earnings if lower. To qualify you must have worked for your employer for at least 26 weeks by the 15th week before your expected week of childbirth and earn at least the lower earnings limit. If you do not qualify for SMP, you may qualify for Maternity Allowance paid by HMRC. Many employers offer enhanced maternity pay above the statutory minimum -- check your contract.
Returning to Work
After ordinary maternity leave (the first 26 weeks) you have the right to return to exactly the same job on the same terms. After additional maternity leave (weeks 27 to 52) you have the right to return to the same job or, if that is not reasonably practicable, a suitable alternative on no less favourable terms. Your employer cannot use your maternity absence as a reason to demote you, reduce your pay, or change your role on return.
You have the right to request flexible working on return. From April 2024 this right applies from day one of employment. Your employer must consider the request properly and can only refuse on specific statutory grounds.
Protection from Dismissal and Detriment
You cannot be dismissed for any reason connected to pregnancy, maternity leave, or breastfeeding. This protection applies from the moment you become pregnant until the end of your maternity leave -- and beyond if the treatment is connected to your having taken maternity leave. Dismissal for a pregnancy-related reason is automatically unfair from day one. There is no qualifying period. Compensation is uncapped.
You are also protected from any detriment short of dismissal -- demotion, exclusion from work, reduction in hours, removal of responsibilities, or any other less favourable treatment connected to pregnancy or maternity. If you experience any such treatment, document it immediately and contact ACAS within three months less one day.
The Most Important Thing to Do Right Now
If you are pregnant and experiencing any adverse treatment at work -- or if you have already been dismissed or pressured to resign -- contact ACAS at acas.org.uk today. Your time limit is three months less one day from the act you are complaining about. The ACAS early conciliation process pauses the clock. Do not wait.
Educational purposes only. This article is not legal advice and does not create a solicitor-client relationship. If your situation requires legal advice, consult a qualified solicitor or visit equaljustice.legal.