hello@kilgannonlaw.co.uk

Our team is ready to answer any questions

0800 915 7777

Book your consultation today

Pregnancy and employment law: your top questions answered

Many myths have grown up around the legal rights of those who are pregnant and on maternity leave, it can be hard to sort the facts from the fiction. In this article we answer some of the most common question


Does a company have a right to know I’m pregnant if I’m applying for a job?


In a word, no. There’s no legal requirement for you to inform a potential employer that you’re pregnant when you go for an interview with them.


In the past, some employers have dismissed new employees upon finding out they were pregnant, and tried to argue in court that not disclosing the pregnancy at interview showed a lack of integrity. But this argument has been firmly rejected by courts and tribunals.

The bottom line is, employers are not allowed to discriminate against you on the basis of your pregnancy and if you’re dismissed for any reason related to your pregnancy, you can bring an unfair dismissal claim, regardless of whether you’ve been employed by the company for five years or five days.


Is it okay for a potential employer to ask me in an interview if I plan to have children?

Definitely not! Employers are not allowed to ask you about your family plans, including whether you already have children or whether you intend to.


If you’ve been asked this and ultimately didn’t get the job, this could be evidence of a discriminatory motive behind the employer’s selection process.


I heard I can’t be made redundant if I’m pregnant or on maternity leave. Is that true?

It’s not true. In fact, it’s one of the most common misconceptions around pregnancy and employment law.


When there is a genuine redundancy situation and you’re selected for redundancy fair and square, based on objective criteria applied to everyone else under consideration, then your employment can be terminated legally.


Saying that, the pregnancy discrimination laws still apply here. So if the redundancy selection criteria has taken into account anything connected to your pregnancy (including a pregnancy-related illness), then this could indicate you have been unfairly selected for dismissal .


Do I get preferential treatment when it comes to being offered an alternative role? 

Where employees are being offered other suitable vacancies to avoid redundancy, then those who are on maternity leave (or another type of statutory parental leave) must be given preferential treatment and considered first in line. This is one of the very few examples of lawful positive discrimination under English law.


However, this doesn’t apply if you’re pregnant and still working – only if you’ve already started your maternity leave.

Is my employer allowed to contact me while I’m on maternity leave?


Yes, the law makes it clear that they can and indeed they should keep in contact while you’re off. If they don’t, it could be considered sex discrimination if you miss out on hearing about internal vacancies or promotions or other business related announcements.


But it’s a good idea to talk to your employer about what level of contact is best for you and how you would like to receive updates. For example, do you want essential emails only (updates on pay rises, bonuses, reorganisations, etc.) or would you like to hear about the annual summer party, too?


What if my employer likes my maternity cover better? Can they move me to a different job when I return?

No, they can’t. You have the right to return to the same job, so your employer must keep your job open for you.


There is one exception, and that’s where it is no longer reasonably practical to give you your job back – for instance, if the job no longer exists. But if that happens, the company has to give you another suitable job.


How can we help you?

If you would like to know more about your employment rights during pregnancy and while on maternity leave, talk to our employment law specialists today. We’ll help you figure out the best way forward for you.



a man in a wheelchair is sitting at a desk with a woman standing next to him .
By Marianne Wright 20 Feb, 2024
In the modern workplace, fostering a culture of inclusivity and ensuring equal treatment for all employees is a crucial aspect of employment law. Discrimination based on disabilities (which can include mental health conditions) is strictly prohibited in the United Kingdom. This article explores the legal framework in UK employment law that safeguards employees against discrimination and highlights the consequences faced by employers who fail to uphold these important principles.
a man is sitting at a desk in a dark room using a laptop computer. GDPR
By Emily Kidd 06 Feb, 2024
In an era of heightened data protection awareness and stringent regulations like the General Data Protection Regulation (GDPR), employees play a critical role in safeguarding personal data. This article explores the legal consequences that employees may face in the United Kingdom when implicated in data protection breaches at the workplace.
person holding up a mental health book and in a discussion
By Yeing-Lang Chong 22 Jan, 2024
In recognition of the importance of employee well-being, employers in the UK are increasingly implementing well-being initiatives to support the mental health and overall well-being of their workforce. These initiatives, which can include employee assistance programs (EAPs) and wellness programs, aim to provide support, resources, and interventions that enhance employee well-being. This article explores the legal framework surrounding well-being initiatives in UK employment law and highlights the benefits and considerations for employers when implementing such programs.
Female employee getting harassed at work by a colleague
By Marianne Wright 19 Jan, 2024
Creating a safe and respectful work environment is a fundamental aspect of UK employment law. This article explores the legal obligations placed on employers to address workplace harassment, highlighting the measures they should take to promote a culture of respect and protect their employees' mental health.
By Emily Kidd 04 Dec, 2023
In recent years, there has been increasing recognition of the importance of mental health in the workplace. Employment law acknowledges the sensitive nature of mental health disclosures and places obligations on employers to handle such disclosures with care, confidentiality, and without discrimination. This article explores the legal framework surrounding mental health disclosures in the workplace, emphasising the responsibilities employers have in safeguarding employee privacy and ensuring a supportive and inclusive environment.
By Emily Kidd 04 Dec, 2023
The General Data Protection Regulation (GDPR) revolutionised the way organisations handle personal data, and for Human Resources (HR) departments in the United Kingdom, compliance is paramount. This article provides a comprehensive exploration of best practices for HR to safeguard employee data and ensure GDPR compliance in the workplace.
Whistleblowing, Sexual Harassment and Gagging Clauses image
By Louise Maynard 09 Nov, 2023
On 23 October 2024, the new, positive duty to prevent sexual harassment in the workplace comes into force. The extent to which a non-disclosure agreement can prevent a worker disclosing sexual harassment will be under the limelight. In the employment context, the most common area for non-disclosure agreements is settlement agreements, under which an employee agrees to settle all claims in return for a compensation payment often where the employer has been unable to resolve a grievance including unlawful discrimination or sexual harassment.
Positive duty to prevent sexual harassment in the workplace
By Louise Maynard 03 Nov, 2023
On 26 October 2023, Parliament passed new legislation to amend the Equality Act 2010 to place a duty on employers to take reasonable steps to prevent sexual harassment of employees and workers during the course of their employment. The new duty comes into force on 26 October 2024.
What is a Deposit order in the Employment Tribunal?
By Louise Maynard 28 Aug, 2023
Employment tribunals are often reluctant to strike out cases at an early stage unless there is a compelling reason to do so. An alternative option for the Tribunal is to make a deposit order.
By Louise Maynard 28 Aug, 2023
If you have been named in an Employment Tribunal claim, there are a few ways that you can try to reduce the value of the claim against you. First, you can offer a claimant alternative employment within your organisation. This could be at a different location or on different terms and conditions, but it would still allow them to continue working for you. Compensation is based on the financial losses a person suffers, so the sooner you can find a ways to stop their loss of earnings, the lower the value of the claim could be, especially if they are claiming reinstatement or reengagement. Of course, you may not want to re-employ someone who is suing you!
More Posts
Share by: