This article provides a comprehensive overview of the key maternity rights under Employment law, focusing on recent updates and practical guidance for navigating these regulations.
The Legal Framework for Maternity Rights
Under UK law, several key pieces of legislation protect pregnant employees and those on maternity leave:
The Equality Act 2010: This law prohibits discrimination against employees due to pregnancy or maternity. This includes direct discrimination, such as unfair treatment because of pregnancy, and indirect discrimination, where policies or practices disadvantage pregnant women or new mothers.
The Employment Rights Act 1996: This act outlines the basic rights of employees, including the right to maternity leave and protection from dismissal for reasons related to pregnancy or maternity leave.
The Maternity and Parental Leave etc. Regulations 1999: These regulations establish the rights to maternity leave and the protections against redundancy during maternity leave.
Maternity Leave Entitlements
Pregnant employees in the UK are entitled to up to 52 weeks of maternity leave, divided into:
- Ordinary Maternity Leave (OML): The first 26 weeks.
- Additional Maternity Leave (AML): The next 26 weeks.
- Employees are required to take a minimum of two weeks’ leave after the birth (four weeks if they work in a factory).
During maternity leave, employees have the right to:
- Return to the same job if they take 26 weeks or less.
- Return to a similar job if they take more than 26 weeks, provided the original role is no longer available.
- Statutory Maternity Pay (SMP)
- Eligible employees are entitled to Statutory Maternity Pay (SMP) for up to 39 weeks, with the amount dependent on their earnings. The current rate of SMP is 90% of the employee’s average weekly earnings for the first six weeks, followed by a standard rate (or 90% of earnings if lower) for the remaining 33 weeks.
Redundancy Protection: Regulation 10 and Recent Amendments
One of the most significant protections for employees on maternity leave is found in Regulation 10 of the Maternity and Parental Leave etc. Regulations 1999. This regulation requires employers to offer a suitable alternative vacancy to an employee at risk of redundancy during her maternity leave if one is available. This vacancy must be offered in preference to other employees, ensuring that those on maternity leave are given priority.
Recent Amendments:
In April 2024, the UK government introduced important amendments to this regulation, extending redundancy protections for pregnant employees and new mothers. Under the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 new rules:
Protected Period: The redundancy protection now starts from the moment an employee informs their employer of their pregnancy and extends to 18 months after the birth of the child. This means that employees returning from maternity leave are protected from redundancy for a substantial period, reducing the risk of dismissal shortly after returning to work.
Application During Other Leave: Similar protections now apply to employees on adoption leave and shared parental leave, ensuring broader coverage across different types of family leave.
Practical Implications for Employers
Employers must carefully consider these enhanced protections when planning redundancy exercises. Key points include:
Timing: Employers need to account for the protected period when planning redundancies, ensuring that pregnant employees or those within the 18-month post-birth period are given priority for suitable alternative roles.
Communication: Clear and sensitive communication with pregnant employees is crucial. Employers should encourage early notification of pregnancy to ensure that all rights and protections are applied but must respect an employee’s decision regarding the timing of their announcement.
Consistency in Treatment: While the law permits different treatment based on the timing of pregnancy notification, employers may choose to apply these protections more broadly to avoid any perception of unfairness. However, this must not undermine the legal rights of those within the protected categories.
Looking Ahead: Potential Future Developments
The landscape of maternity rights in the UK may continue to evolve, particularly with proposed reforms aimed at further strengthening protections. For instance, there is discussion around extending the period during which it is unlawful to dismiss a woman after returning from maternity leave. These potential changes underscore the importance of staying informed and ensuring that workplace policies and practices comply with the latest legal requirements.
Maternity rights in the UK offer significant protections for pregnant employees and new mothers, particularly concerning redundancy. With the recent extension of these protections, employers must adapt their processes to ensure compliance and fairness. For employees, understanding these rights is crucial to securing the support and security they are entitled to during one of life’s most important transitions.
If you would like to discuss anything in this article or are looking for guidance relating to pregnant and maternity rights either as an employee or as an employer, please contact our specialist team on 01603 677077 or email info@spiresolicitors.co.uk.
