Summary of rights and remedies
| The right | Main features | Who qualifies? |
| Rights and remedies covering maternity leave, parental leave, emergency Time Off for Dependants (TOD), paternity leave, adoption leave and requests for flexible working. Reference to legislation applies to the law in England, Scotland and Wales. | ||
|
Pregnancy and Maternity Discrimination EqA s18 |
If an effective cause of less favourable treatment is pregnancy/ maternity. | All female workers who are pregnant, employees on maternity leave & workers for two weeks after the birth |
|
Sex discrimination (direct and indirect) EqA s13 (direct), s19 (indirect) |
Where there is less favourable treatment on grounds of sex/ marital status or unjustified Provision Criteria or Practice (PCP) which disadvantages one sex | All workers, male and female |
|
Automatic unfair dismissal (ERA s99, MPL Regs 20, PAL Regs 29, ERA s104C) |
Automatic unfair dismissal if the only or principal reason is connected with pregnancy, birth, H&S (ERA s100) , asserting a statutory right (ERA s 104) or a right to leave for family reasons. | All employees regardless of length of service |
|
Protection from detriment (ERA s47C & 47E, MPL Regs 19, PAL Regs 28) |
Covers pregnancy, birth and leave for family and domestic reasons and in relation to flexible working | All employees irrespective of length of service |
|
“Ordinary” unfair dismissal (ERA s98) |
Where the dismissal is not fair. |
Employees with two years’ service |
|
Written reasons for dismissal (ERA 1996 s92(4) & (4A)) |
Applies if s/he is dismissed when pregnant or on maternity or adoption leave. | All employees whether or not they have requested the reasons in writing. |
| Specific rights and remedies | ||
|
Time off for antenatal care (ERA ss55-56 and s57ZA) |
Reasonable paid time off |
All pregnant employees. Agency workers with 12 weeks qualifying service. |
|
Refusal of time off for antenatal care (ERA ss57) |
Specific remedy in addition to protection from dismissal, detriment and discrimination | |
|
H&S protection (Management of Health and Safety at Work Regulations 1999 and ERA ss66-69) |
Protection from risks is the employer’s responsibility, culminating in suspension on full pay | All employees must notify pregnancy in writing to benefit from alterations to work, alternative work & paid suspension. Workers have some H&S protection under MHSW. From 1 October 2011, agency workers who satisfy certain provisions are entitled to the offer of suitable alternative work or pay for an assignment that has been terminated on pregnancy related health and safety grounds. |
| Breach of H&S provisions |
Compensation (ERA s70), automatic unfair dismissal in relation to suspension (MPL Regs 20(3)(c)), sex discrimination |
Note: a dismissed employee may have a claim under ERA s100 (NI – under ERA s132) and the employer is also liable to criminal prosecution |
|
Ordinary Maternity Leave (OML) (ERA s71, MPL Regs 4-11) |
26 weeks | All employees regardless of length of service |
|
Additional Maternity Leave (AML)(ERA s73, MPL Regs 5-12) |
Starts when OML ends and runs for 26 weeks | All employees regardless of length of service |
|
Contractual rights during OML & AML (ERA s71, Reg 9) |
All rights and benefits set out in contract continue to accrue apart from remuneration | All employees on OML and AML and adoption leave |
| Redundancy during maternity or adoption leave (MPL Reg 10, PAL Reg 23) as amended by the The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 SI 2024/264 (‘the MASPA Regulations’) | Right to be given first refusal of any suitable alternative job available | Pregnant employees from the date the employer is notified of the pregnancy. Also all employees on OML and AML and adoption leave as well as all employees who take at least 6 consecutive weeks of Shared Parental leave or Neonatal care Leave. The protection lasts for a period of 18 months from the EWC or date of birth or date of placement. |
|
Return to work after OML (ERA s71, MPL Reg 18) |
Right to return to the same job | All employees returning from OML |
|
Return to work after AML (ERA s73, MPL Reg 18) |
Right to return to the same job. Only if that is not reasonably practicable may the employer offer a suitable alternative | All employees returning from AML |
| Statutory Maternity Pay | Paid by employer for 39 weeks | All employees and other workers who have NI deducted at source and who have been employed for 26 weeks by the 15th week before the Expected Week of Childbirth (EWC) & who earn at least the lower earnings limit in the relevant calculation period |
| Failure to pay SMP, paternity and adoption pay |
ERA Part II (see section 27(1)(c); or HMRC pay if employer does not do so within time limits. |
Note: the employer is also liable to prosecution |
| Maternity Allowance | Paid by the DWP for 39 weeks | Employed and self employed workers who have worked during or prior to their pregnancy but do not qualify for SMP |
| Employment and Support Allowance (ESA), means tested benefits | Women who cannot claim SMP or MA may be able to claim ESA or Income Support. | Women who are not entitled to SMP or Maternity Allowance |
|
Parental Leave (ERA s76, MPL Regs 13-18) |
Eighteen weeks unpaid leave for each parent for each child under 18 years old | All employees with responsibility for a child. From 6 April 2026 this became a day one right |
| Parental Leave: unreasonable postponement or refusal |
Declaration and compensation under ERA s80 |
|
|
Time Off for Dependants (ERA s57A) |
Time off to care for dependant in an emergency | All employees |
| Refusal of time off for dependants |
Declaration and compensation under ERA s57B |
|
|
Paternity Leave, (ERA s80A, PAL Regs) as amended by the Paternity Leave (Amendment) Regulations 2024 |
Two weeks leave to be taken consecutively or in two separate blocks within 52 weeks of the child’s birth | All employees who are the father or partner of the mother who will have / expect to have responsibility for the child. From 6 April 2026 this became a day one right. |
| Statutory Paternity Pay as amended by the Paternity Pay (Amendment) Regulations 2024 | Paid by the employer for 2 weeks | All employed earners with 26 weeks continuous service by the start of the 14th week before the EWC/ the date of matching for adoption Average earnings must be at least the lower earnings limit in the calculation period. |
|
Adoption Leave (ERA s75, PAL regs) |
52 weeks leave | All employees |
| Statutory Adoption Pay | Paid by the employer for 39 weeks | All employed earners who have 26 weeks service by the date of matching for adoption. Average earnings must be at least the lower earnings limit in the calculation period |
|
Flexible working (ERA s80F, FW regs) as amended |
The right to ask for flexible working | All employees |
This advice applies in England and Wales. If you live in another part of the UK, the law may differ. Although there are a single set of rules which govern the whole of Great Britain covering Tribunal practice and procedure, there are differences in the way that Scottish tribunals exercise their discretion regarding procedure. For guides, information and resources about employment tribunals in Scotland, see The Scottish Courts and Tribunals Service. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.
Our helpline and online contact form is now closed as we wind down our operations. Our free legal advice pages remain available and up to date until further notice. You can find a list of trusted organisations that may be able to help you below.
| Organisation and link to website | Area of Advice | Telephone |
|---|---|---|
| Employment Rights | ||
| ACAS | Acas gives employees and employers free, impartial advice on workplace rights, rules and best practice. We also offer training and help to resolve disputes. | 0300 123 1100 |
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Pregnant Then Screwed | HR Advice Line – for questions on employment rights, flexible working, parental leave or workplace discrimination | 0300 222 5799 |
| Equality Advisory and Support Service (EASS) | The helpline advises and assists individuals on issues relating to equality and human rights, across England, Scotland and Wales. | 0808 800 0082 |
| Trade Union | If you are a union member, contact your union for support. If not, you may wish to join, but check whether support is available for existing issues. | |
| Health and Safety Executive (HSE) | Guidance on workplace health and safety rights and accepts reports of serious workplace health and safety concerns. | |
| Advicenow | Provides free legal information, guides, self-help tools and training to help people deal with legal issues and understand their rights. | |
| Protect | Provides advice and support to people raising concerns about whistleblowing | 020 3117 2520 |
| Zero Hours Justice | Offers information and support on the rights of workers on zero-hours and insecure contracts | 01904 900 151 |
| Legal Advice and Representation | ||
| Law Centres Network | Law Centres work within their communities to defend the legal rights of local people. You can use their website to find your local Law Centre. | |
| LawWorks | The LawWorks Clinics Network provides free initial advice to individuals on various areas of law including employment law, social welfare law, housing matters, consumer disputes, debt and welfare rights. | |
| Advocate | Advocate is a charity that finds free legal assistance from volunteer barristers | |
| South West London Law Centres | Provides free, independent legal advice to people who cannot afford a lawyer, including advice on employment, housing, debt, immigration issues. | 020 8767 2777 |
| Employment Tribunal Litigants in Person Support Scheme (ELIPS) | ELIPS provides pro bono assistance to unrepresented litigants. It currently covers London Central, Cardiff, Bristol, Midlands (West), Newcastle, Leeds and Manchester Employment Tribunals. | |
| Legal Aid Check your eligibility for Legal Aid online | Legal Aid funding is only available for employment cases involving discrimination. | |
| YESS Law | Employment law advice and support, including settlement agreements. Yess Law do not represent clients in Employment Tribunal Proceedings | 020 3701 7530 |
| The Free Representation Unit (FRU) | The Free Representation Unit (FRU) is a charity that provides legal advice, case preparation and advocacy in employment & social security tribunal cases if you have a hearing date at a tribunal in London and the South East and your case is referred by a referral agency | |
| Employment Tribunal Customer Contact Centre | Provides information about the Employment Tribunal process but does not offer legal advice. | 0300 123 1024 |
| Appoint a solicitor The Law Society provides information on finding a solicitor. | If you are able to afford to do this, you can instruct a solicitor who is an expert in maternity and family friendly rights. A good solicitor will give you honest advice about the strengths and weaknesses of your case, the likely costs and s/he should try to resolve your case as soon as possible and so keep the costs you have to pay to a minimum. | |
| Disability Law Service | Provide free legal advice on community care, employment, housing, discrimination, public law and welfare benefits to disabled people and their carers | 0207 791 9800 |
| Child Law Advice | Provided by Coram Children’s Legal Centre, advice for Litigants in person | |
| Rights of Women | Women’s voluntary organisation committed to informing, educating and empowering women concerning their legal rights | 020 7251 6577 |
| Benefits and Financial Support | ||
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Advice Local | Your local guide to help with employment and work issues, benefits, money, housing problems and more | |
| Age UK | Provide free, confidential advice, practical support, and companionship | 0800 678 1602 |
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Scope | Offers information, advice and support for disabled people and their families, including guidance on benefits, work and independent living. | 0808 800 3333 |
| NRPF Network | Provides guidance and resources on no recourse to public funds (NRPF) and support options for people affected by immigration-related benefit restrictions. | 0800 169 0283 |
| Maternity Allowance helpline (DWP) | Maternity Allowance is a government benefit for pregnant women or new mothers who do not qualify for Statutory Maternity Pay (SMP) from their employer. | |
| HMRC Statutory Payment Dispute Team | Resolves disputes about entitlement to statutory payments, including maternity, paternity, adoption, shared parental, parental bereavement and neonatal care pay. | |
| Pregnancy, Maternity and Baby Support | ||
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Tommy’s | Provide advice and support to parents-to-be, expectant parents, and families who have experienced baby loss | 0800 0147 800 |
| Bliss | Support and information for families of premature and sick babies, including emotional support, neonatal care guidance | |
| Twins Trust | Offers support, information and peer support for families with twins, triplets and multiple births | 0800 138 0509 |
| Sands | Sands works to support anyone affected by the death of a baby | 0808 164 3332 |
| Best Start in Life | Advice and support for your child’s development | |
| Mental Health and Wellbeing | ||
| Mind | Mind empower individuals experiencing mental health problems through advice and support | 0300 102 1234 |
| Maternal Mental Health Alliance | Charity and network of 160 organisations, dedicated to ensuring women and birthing people affected by perinatal mental health problems have access to high-quality, compassionate care | |
| Pandas | Pandas offer hope, empathy and support for every parent, carer or network affected by Perinatal Mental Illness | |
| Samaritans | Provide emotional support to anyone in distress, struggling to cope, or at risk of suicide | 116 123 |
| Domestic Abuse | ||
| Women’s Aid | Offers support, information and signposting for women and children experiencing domestic abuse | |
| Support for single parent families | ||
| Gingerbread | Offers advice and information support for single parents on work, benefits, finances and family issues. | |
| One Parent Families Scotland | Provides advice and support to single parents in Scotland including benefits, money and health and wellbeing. | 0808 801 0323 |
| Disability | ||
| Contact | For families with disabled children | 0808 808 3555 |
| Carer’s support | ||
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Childcare | ||
| Childcare Service Helpline | Contact HMRC if you need help applying for Tax-Free Childcare, applying for free childcare if you’re working or using your online childcare account. | 0300 123 4097 |
| Best Start | Provide information on all available childcare support | |
| Coram – Family Information Service | Provide a tool to search for contact details for your local Family Information Service who can provide advice and support on childcare in your area |
The information on the law contained on this site is provided free of charge and does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If you are not a solicitor, you are advised to obtain specific legal advice about your case or matter and not to rely solely on this information. Law and guidance is changing regularly in this area.
We cannot provide advice on employment rights in Northern Ireland as the law is different. You can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.