Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Employment lawMaternityLegal Guides

How to take disciplinary action against an employee during pregnancy or maternity leave

by Personnel Today 29 Dec 2008
by Personnel Today 29 Dec 2008

Knowing how to take disciplinary action against an employee during pregnancy or maternity leave is crucial if an employer is to avoid a complaint of discrimination.

Below, we highlight some of the key points employers need to have in mind when considering disciplinary action in a pregnancy or maternity situation:

Pregnancy and maternity resources on XpertHR

Model letter of reasons for dismissal

Employment law manual: Pregnancy and maternity

FAQ: Can employees dismiss pregnant employees?

  • Bear in mind that there is nothing to prevent you taking disciplinary action against an employee during pregnancy or maternity leave, so long as you take care to avoid discrimination and are sure that disciplinary action is appropriate in the circumstances.
  • Take care to ensure that the disciplinary action is not being taken for a reason related to pregnancy, childbirth or absence on maternity leave, and ensure that an employee on maternity leave is not disadvantaged because of her absence from the workplace.
  • Ensure that the disciplinary policy is applied fairly and consistently, and that its application is necessary in the circumstances.
  • Remember that the disciplinary procedure applies throughout both ordinary maternity leave and additional maternity leave.
  • In deciding where and when to hold a disciplinary hearing, remember that the period of compulsory maternity leave must be avoided.
  • If disciplinary action in relation to an employee who is pregnant or on maternity leave is necessary, notify the employee without undue delay.
  • Remember that the statutory right to be accompanied continues to apply during both ordinary maternity leave and additional maternity leave and that you may wish to be more flexible than usual regarding possible companions.
  • Take into account that there is nothing to prevent you dismissing an employee during pregnancy or maternity leave, provided that you have followed the correct procedures and the dismissal is not for a discriminatory reason.
  • Remember that, where a woman who is pregnant or on maternity leave is dismissed, she will be entitled to 39 weeks’ statutory maternity pay, provided that she was still employed in the qualifying week.
  • Consider whether or not any action is necessary when an employee who was subject to disciplinary proceedings returns to work after maternity leave.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Learn More

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Zavvi jobs at risk as retailer goes into administration
next post
How to manage pregnant employees and handle maternity leave

You may also like

Minister defends Employment Rights Bill at Acas conference

16 May 2025

CBI chair Soames accuses ministers of not listening...

16 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

Contract cleaner loses EAT race discrimination appeal

14 May 2025

Construction workers win compensation claim against defunct employer

9 May 2025

Zero-hours workers’ rights to be extended from beyond...

8 May 2025

Employment tribunal backlog up 23% in a year

7 May 2025

Ministers urged to outlaw misuse of NDAs

7 May 2025

Employment Rights Bill must be tightened to protect...

1 May 2025

Lords criticise ‘opaque’, ‘on-the-hoof’ Employment Rights Bill

30 Apr 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+