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+

BonusesMaternityLatest NewsPregnancy and maternity discriminationMaternity and paternity

Five lesser known maternity rights women must be aware of

by Beverley Sunderland 20 Aug 2018
by Beverley Sunderland 20 Aug 2018

With statistics suggesting autumn is the most popular season to give birth, Beverley Sunderland clarifies some lesser known maternity rights that often get misinterpreted or overlooked.

More new and expectant mothers than at any other time of the year will soon be going on maternity leave because 26 September is the most “popular” day to give birth, according to the Office for National Statistics.

Maternity leave

How to deal with keeping-in-touch days during maternity leave

How to deal with a pay rise that coincides with an employee’s pregnancy or maternity leave

Redundancy rights on maternity leave

Maternity leave is an uncertain time for some new mums. Most will want to return to work after their leave − figures from the Institute of Fiscal Studies show that three-quarters of women with children now work, a 50% rise in more than 40 years. Yet, according to a report from the Women and Equalities Committee pregnancy and maternity discrimination is at its worst for a decade.

Although discrimination laws have improved for new mums, with the introduction in the Equality Act 2010 of the specific protected characteristic of pregnancy and maternity – rather than having to bring claims under “sex discrimination” which is what happened prior to 2010 – the law is still quite complicated for both new mums navigating their entitlements and HR professionals trying to administer them.

Most new mums are aware that they are entitled to a year off on maternity leave, irrespective of their length of service. But, according to UCL research, two in five are not aware that this can often be shared with their partners under the shared parental leave regulations. Yet, there are some rights that are even less known.

Pay rises

Women on maternity leave should always be considered for pay rises even though they are not working. Any pay rise should be backdated to the beginning of their maternity leave, irrespective of the period the pay rise covers.

If the woman earns more than statutory maternity pay (SMP) – currently £145.18 – a week, the pay rise will not affect her salary after her first six weeks of leave, as the amount she is entitled to is capped after this point. However, any pay rise will result in an increase in pay for her first six weeks of leave, which is calculated at 90% of her earnings unless she usually earns less than SMP.

Redundancy consultation and selection

There is a myth that women on maternity leave cannot be selected for redundancy – this is not correct, although they obviously cannot be selected because they are on maternity leave. If a redundancy situation affects an employee on maternity leave they must be consulted about the proposed redundancy even though they are not at work. Although the woman may choose not to take part in discussions, she should at least be given the option.

If selection criteria are used, those on maternity leave must not be disadvantaged. For instance, if there are no recent appraisals or sales figures to consider, choose a time period when there is data available for everyone or look at alternative selection processes.

An employee on maternity leave should not be given preferential treatment which could lead to her male colleague being made redundant. For example, in the case of de Belin v Eversheds Legal Services, the Employment Appeal Tribunal upheld the employment tribunal’s decision that Eversheds discriminated against a male employee when treating a woman on maternity leave more favourably. The law firm gave the woman average scores despite there being better data available to compare them more fairly.

Redundancy – alternative roles

If a woman on maternity leave is selected for redundancy then she does have enhanced rights – the employer must make positive efforts to find her similar roles elsewhere in the organisation, not just give her a link to the vacancies on the website. If there are vacancies that are suitable for her then she must be placed in this role without the need for competitive interview, ahead of other colleagues.

There is a myth that women on maternity leave cannot be selected for redundancy – this is not correct, although they obviously cannot be selected because they are on maternity leave.”

Bonuses

If a bonus is awarded to employees for a period where the woman has been on maternity leave for part of that period, then case law says an employer can pro-rate the bonus and pay it only for the time she was working. However, if the bonus is in respect of work done before the maternity leave, then this should be paid in full.

Reasons for dismissal

If a woman is dismissed while pregnant or on maternity leave then she is automatically entitled to written reasons for dismissal, without having to ask for them or without having to have a qualifying period of two years’ employment before she is entitled to them.

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.

Knowing what rights women have while on maternity leave is important to ensure the business is supporting and rewarding employees in accordance with the law. This is not only good for their people, but also for the employer’s reputation and for attracting and retaining the best talent.

Shared parental leave: removing financial barriers could encourage uptake

Beverley Sunderland

Beverley Sunderland is managing director at Crossland Employment Solicitors.

previous post
How does the GDPR apply to businesses outside the EU?
next post
Confusion about cancer symptoms could delay diagnosis, Bupa warns

You may also like

Government urged to commit to wholesale review of...

6 May 2025

Miscarriage and pregnancy loss leave progresses to House...

24 Mar 2025

New rules from April on neonatal leave and...

21 Mar 2025

April 2025: What’s coming up for HR?

21 Mar 2025

Ministers commit to miscarriage and pregnancy loss leave

12 Mar 2025

Tennis pros to receive paid maternity leave from...

6 Mar 2025

Up to 74,000 women forced out of work...

27 Feb 2025

Why 2025 is ‘make or break’ for your...

25 Feb 2025

New neonatal care leave rules will help 60,000...

6 Feb 2025

Right to neonatal care leave and pay to...

20 Jan 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+