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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
If an employee whose probation period has been extended due to poor performance announces that she is pregnant will the employer be obliged to confirm her in the post?
No. A failure to appoint a job applicant to a new role on
the ground that she is on maternity leave constitutes pregnancy and maternity discrimination
contrary to the Equality Act 2010.
Under the Act, pregnant women and women on
do not need a comparator to establish that they have been discriminated against. Unfavourable treatment of a woman regarding access to employment because she is on maternity leave would amount to an act of pregnancy and maternity
discrimination. The employer should therefore consider employing temporary
maternity leave cover until the job applicant is available to take up her position.
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