
What rights do I have as a pregnant employee in the UK?
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Pregnancy is an exciting time but it can also bring up a lot of questions about your rights as an employee.
In the UK, pregnant employees are entitled to several key rights and protections under employment law.
These are designed to ensure that your pregnancy, maternity leave, and return to work are treated fairly.
Here’s an overview of your rights as a pregnant employee in the UK.
The Right to Paid Time Off for Antenatal Appointments
As a pregnant employee, you have the right to take paid time off for antenatal care. This includes appointments with your doctor or midwife, which you are entitled to attend during working hours. You must inform your employer about the appointments in advance.
Although any antenatal classes do not need to be medical in nature, it seems at the very least they are required to be recommended by a medical professional. In Bateman v Flexible Lamps Ltd ET/3204707/97, a tribunal held that the classes in question were educational rather than medical and did not fall within the statutory right.
Protection from Discrimination
It is unlawfulfor an employer to discriminate against you due to your pregnancy. This includes:
Refusing to employ you
Example: A woman applies for a job and is told that she is a strong candidate but once the employer learns she is pregnant, they tell her the position is no longer available.
Treating you unfairly in terms of pay, promotions or other benefits
Example: A pregnant employee is passed over for a promotion because her employer assumes she will not be available or committed to the role after her maternity leave.
In O'Brien v. Ministry of Defence [2013] EWCA Civ 35 the claimant was treated less favourably during her pregnancy, including being placed on less favourable duties. The Court of Appeal ruled that such treatment amounted to pregnancy discrimination.
In Rothwell v. Chemical & Pharma Company [2005] IRLR 443 the claimant was overlooked for a promotion because of her pregnancy which was found to be discriminatory.
Dismissing you or treating you unfairly
Example: A pregnant woman is fired from her job shortly after informing her employer about her pregnancy though she was performing well before revealing her pregnancy.
In Hardie v. C F L. S. Ltd [2000] IRLR 135 the employee was dismissed during her maternity leave, and the Employment Appeal Tribunal (EAT) found that this amounted to pregnancy discrimination. The case established that dismissal during maternity leave could be automatically discriminatory.
If you believe you are being discriminated against, you can file a claim with an Employment Tribunal.
Maternity Leave
All employees, regardless of how long they’ve been with their employer, are entitled to maternity leave. The law entitles you to up to 52 weeks of maternity leave, broken down into:
26 weeks of Ordinary Maternity Leave (OML).
26 weeks of Additional Maternity Leave (AML).
You can start your maternity leave up to 11 weeks before your due date. If you are unwell due to pregnancy or have complications, you may be able to start your leave earlier.

Maternity Pay
During your maternity leave, you may be entitled to Statutory Maternity Pay (SMP) if you meet certain eligibility criteria.
If you don’t qualify for SMP, you may be eligible for Maternity Allowance from the government instead.
Health and Safety at Work
Employers have a responsibility to ensure your health and safety during pregnancy. If your job involves risks (such as heavy lifting or exposure to hazardous substances), your employer must:
Conduct a risk assessment to identify any risks to your health or the health of your baby.
Make reasonable adjustments to your work or if necessary, offer you alternative work.
Simmons v. British Steel plc (1997) involved a worker who suffered a miscarriage due to exposure to dangerous substances while pregnant. The employer was found liable for failing to conduct a thorough risk assessment that would have protected the worker from harmful chemicals in the workplace.
The Right to Return to Work
After your maternity leave, you have the right to return to your original job. If you’ve taken up to 26 weeks’ leave, you can return to the same position with the same terms and conditions. If you’ve taken more than 26 weeks of leave, you are entitled to return to a similar job if your original role is no longer available.
If your employer cannot offer you the same or similar job, they must provide a valid reason for not doing so. If this is the case, you may be entitled to compensation or other legal remedies.
In London Borough of Lambeth v. Agoreyo [2017] UKSC 28 the Supreme Court confirmed that an employee on maternity leave has the right to return to their job.

Protection from Redundancy
Pregnant employees are entitled to protection from redundancy. If your employer is considering making redundancies during your pregnancy or maternity leave, they must follow strict legal procedures. You cannot be selected for redundancy just because you are pregnant or on maternity leave. If redundancy is unavoidable, your employer must offer you a suitable alternative role if available.
In Webb v. EMO Air Cargo (UK) Ltd [1994] IRLR 482 the tribunal found that the claimant’s redundancy dismissal was discriminatory because the employer failed to offer her a suitable alternative position, which would have been available to someone not on maternity leave.
Keeping in Touch Days (KIT Days)
You can work up to 10 Keeping in Touch (KIT) days during your maternity leave without losing your maternity pay. These days are optional and can be used for training, attending meetings or doing some work on a flexible basis. Any work done on these days must be agreed upon with your employer and they must still respect your right to maternity leave.
Flexible Working Rights
After returning from maternity leave, you have the right to request flexible working. This might include options like part-time hours, working from home or adjusting your start and finish times. Employers must consider your request seriously, although they are not always required to grant it.
Paternity Leave and Parental Leave

Your partner also has rights related to the pregnancy including paternity leave and shared parental leave. Paternity leave allows your partner to take time off to support you during the birth and shortly after. Shared parental leave allows both parents to share the leave entitlement providing flexibility in how leave is taken.
Conclusion
As a pregnant employee in the UK, you are entitled to a wide range of protections and benefits. From the right to paid time off for antenatal appointments to the right to return to work after maternity leave, these legal rights are in place to ensure that pregnancy does not negatively impact your career. If you experience any issues or feel your rights are being violated, it’s important to seek advice and take action to ensure that you are treated fairly.
Call a specialist employment lawyer
Magara Law is an employment law firm in Bicester, Banbury, Reading and Paddington, London, and services clients nationwide.
For more information or to contact our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.