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. 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 | Employees with responsibility for a child who have been employed for one year |
| 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 | Employees with 26 weeks continuous service by the start of the 14th week before the EWC/the date of matching for adoption |
| 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 | Employees with 26 weeks service by the date of matching for adoption |
| 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 | 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. Please call our helpline for more details. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.
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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.