Where an employer reduces a new mother's working hours to avoid a risk to her health and safety, can it reduce her pay accordingly?

If an employer reduces the working hours of an employee who is a new mother to avoid a risk to her health and safety, if she is contractually entitled to a fixed annual salary or guaranteed hours and pay, the employer should continue to pay her this amount regardless of the reduction in working hours. Where the employee does not have guaranteed hours, but consistently works a set number of hours, she should also continue to receive the same level of remuneration.

While there is no legislation specifying whether or not pay can be reduced due to a reduction in a new mother's hours for health and safety reasons, to do so is likely to amount to sex discrimination.