Pregnancy and maternity dismissals

Topic Index
Overview
Prohibited reasons for dismissal
Pregnancy-related illness and dismissal
Employee failing to return to work at the end of her maternity leave
Maternity replacements
The job to which the maternity returner returns
Redundancy dismissals

Overview


  • Loureen Stone, a solicitor at Sternberg Reed, identifies and gives guidance on the tricky issues that can arise where an employer has reason to dismiss a pregnant woman or a woman on maternity leave for a reason unrelated to the pregnancy or maternity leave.
  • It is unlawful, i.e. discriminatory, to dismiss an employee because they are pregnant, have been pregnant or have or are exercising their right to maternity leave.
  • But this does not mean that an employer cannot dismiss an employee for other valid, non-discriminatory reasons if they are pregnant or exercising their right to maternity leave.
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