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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? 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?
If a suitably qualified employee who is about to go on maternity leave wishes to apply for a vacancy, she is entitled to be considered for the position even though she may not be able to start for a year. If the reason she was not considered for the post was on the grounds of her imminent maternity leave, this would amount to an act of pregnancy and maternity discrimination.
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