Employment law recognises that pregnant employees have a unique position in the workplace and need unique protection as a result.
Here are five things every employer should know about pregnant employees:
Risk assessment
Under Regulation 16(2) Management of Health and Safety at Work Regulations 1999 all employers must assess workplace risks and alter working conditions or hours of work to avoid any significant risk to the health and safety of new or expectant mothers in the workplace.
Automatic unfair dismissal
During pregnancy, a woman is automatically unfairly dismissed (so there is no need for two years’ qualifying service) if her dismissal is connected with her pregnancy (section 99 Employment Rights Act 1996).
Redundancy protection
Where an employer is informed of an employee’s pregnancy on or after 6th April 2024, a new law means that the employee has additional protection from redundancy for the full period of their pregnancy. She must be given first refusal of any available suitable alternative jobs if a redundancy situation arises.
Discrimination
Pregnant employees are protected from being treated unfavourably because of their pregnancy. The employee doesn’t need to show that she has been treated ‘less favourably’ than someone who isn’t pregnant – no comparator is required.
Time off for antenatal appointments
Pregnant employees are entitled to paid time off to attend antenatal appointments.