The beginning of pregnancy to the end of maternity leave is a ‘protected period’ during which a woman is entitled to special consideration if this is necessary to make good any disadvantage she may otherwise experience

The law makes it clear that: 

• During the protected period, unfavourable treatment of a woman because she is pregnant or on maternity leave is unlawful. This means a woman doesn’t have to compare her treatment with anyone else to show direct pregnancy and maternity discrimination
• A woman on maternity leave has the right to return to the same job before she left; an interim employee cannot be given her job even if you think the person is a better employee.
• Selecting a woman for redundancy because of her pregnancy, maternity leave or a related reason is automatically unfair dismissal as well as being unlawful discrimination.
• Failure to consult a woman on maternity leave about possible redundancy is likely to be unlawful discrimination.
• A woman made redundant while on maternity leave must be offered any suitable alternative vacancy if you have one. She doesn’t need to apply for it.
• Special provision for a woman in connection with pregnancy or childbirth is not sex discrimination against a man provided that the action you take does not go beyond what is necessary to rectify her disadvantage.

If you are reorganising and/or need to make employees redundant and this includes someone who is pregnant or on maternity leave, you need to:
· Check the redundancy is genuine and necessary
· Ensure you consult and keep in touch
· Establish non-discriminatory selection criteria
· Consider alternative work.

The full guidance from ACAS can be found here

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