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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?


Where a job applicant is currently on maternity leave and would not wish to start the new role until the end of her maternity leave can the potential employer reject her application for this reason?

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 maternity leave 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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Where a suitably qualified employee who is about to go on maternity leave wishes to apply for an internal vacancy must she be considered for the position even though she may not be able to start the new job for a year?

What is the minimum provision for maternity leave?

Where an employee is expecting twins, will she be entitled to two lots of maternity leave?

Apart from the right to statutory maternity leave what other statutory rights do pregnant women and new mothers have?

What rights do employees have in relation to time off work for antenatal care?

Can an employer insist that a part-time employee arrange all her antenatal appointments for times when she is not working?

How is "expected week of childbirth" defined?

What notice of her intention to take maternity leave is an employee required to give?

Does an employee who wishes to exercise her right to statutory maternity leave have to give her employer all the required information at the same time?

What notice of the date that she wants her statutory maternity pay to begin does an employee have to give?

Where an employee notifies her employer of her intended maternity leave start date how should the employer respond?

What are the possible consequences where an employer fails to respond to an employee’s notification of her intended maternity leave?

Can an employee change her mind about when she wants her maternity leave to start?

Where an employee has given notice to vary her maternity leave start date, how should the employer respond?

Where an employee wishes to start her maternity leave on her due date, can the employer insist that she start it earlier so that she has some time to relax beforehand?

Where a pregnant employee's job involves heavy lifting and there is no lighter work available for her to do can the employer insist that she start her maternity leave early?

Where a pregnant employee is suspended on health and safety grounds will this trigger her maternity leave at a certain point?

Where an employee plans to start her maternity leave on the day that her baby is due can she postpone her start date if the baby does not arrive on time?

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