0330 133 0730

Maternity Dismissal

Maternity Dismissal Solicitors.

Maternity Dismissal: Protect Your Rights During and After Pregnancy.


Have You Been Dismissed While Pregnant or On Maternity Leave? We’re Here to Help.

Losing your job while pregnant or on maternity leave can feel incredibly unfair and overwhelming. UK law provides strong protections against unfair dismissal and discrimination for expectant and new mothers. If your employer has dismissed you or treated you unfairly due to your pregnancy or maternity leave, you may have grounds to take legal action.

At My Law Solicitors, we specialise in helping employees challenge unfair dismissals, particularly those related to pregnancy and maternity rights. Our experienced legal team is here to stand by your side, ensuring your rights are protected and you receive the justice you deserve.

Call us today for your free 30-minute consultation.
Pregnant woman with hands on her bump meeting with her solicitor, discussing a maternity dismissal case.

Frequently Asked Questions.

Yes, it is legally possible for an employer to make someone redundant while they are on maternity leave — but the rules are very strict. The redundancy must be genuine, fair, and unrelated to your pregnancy or maternity leave. Employers must be able to demonstrate that the role is no longer required for business reasons and that you were not unfairly selected because you were on leave.

Importantly, if your role is being removed and there is a suitable alternative position available, you must be given priority for that vacancy ahead of other staff. This is a special legal protection that applies only to employees on maternity leave.

If you’re made redundant without being considered for suitable alternative roles or suspect that your leave influenced the decision, it may amount to automatic unfair dismissal. Legal advice can help you assess your rights and challenge the decision if necessary.

Pregnant employees are protected under both the Equality Act 2010 and the Employment Rights Act 1996. It is unlawful for an employer to dismiss someone because they are pregnant or on maternity leave. Any dismissal based on pregnancy or a related reason is classed as automatically unfair and may also constitute pregnancy discrimination.

Employers are also legally required to make reasonable adjustments for health and safety during pregnancy and must not treat you unfavourably due to pregnancy-related illness or appointments. These protections begin from the moment you inform your employer of your pregnancy — there is no minimum length of service required for these rights to apply.

If you believe your pregnancy played any role in your dismissal, you should seek immediate legal advice. These claims are time-sensitive, and you may be entitled to compensation and other remedies.

No. In most unfair dismissal claims, employees need at least two years’ continuous service with the same employer. However, if your dismissal relates to pregnancy, maternity leave, or childbirth, you are automatically protected, regardless of how long you’ve worked there.

This means that even if you’ve only been employed for a few months, you can still bring a claim for automatic unfair dismissal or pregnancy discrimination if your dismissal was linked to your pregnancy. These protections apply from day one of your employment.

Because these claims are often complex and emotionally charged, it’s important to work with a solicitor who understands how to build a strong case and maximise your potential compensation.

If you believe that you’ve been dismissed because of your pregnancy or maternity leave, the first step is to gather evidence. This may include emails, texts, meeting notes, or witness statements that show your employer’s reasoning or behaviour changed after your pregnancy announcement.

You should then seek legal advice as soon as possible. A solicitor can assess the strength of your case and guide you through the appropriate next steps. You’ll also need to begin the ACAS Early Conciliation process before you can submit a tribunal claim.

Remember, there are strict time limits. In most cases, you must begin your claim within three months less one day of the date of your dismissal. Acting promptly gives you the best chance of achieving a fair resolution.

If you return to work after ordinary maternity leave (up to 26 weeks), you are entitled to return to your exact job on the same terms and conditions. If you return after additional maternity leave (more than 26 weeks), and it’s not reasonably practicable to return to the same job, you must be offered a suitable alternative role with similar responsibilities, status, and pay.

Changing your job role significantly without consultation or consent — for example, by demoting you or reducing your hours — may be unlawful and could form the basis for a constructive dismissal or discrimination claim.

If you believe your job role has changed unfairly or you are being penalised for taking maternity leave, speak to a solicitor immediately to protect your rights.

Pregnancy and maternity discrimination occurs when an employee is treated unfairly because they are pregnant, on maternity leave, or returning from leave. This can include being dismissed, demoted, overlooked for promotion, excluded from meetings, or unfairly disciplined.

Such treatment is unlawful under the Equality Act 2010, and employees are protected from the moment they inform their employer about their pregnancy — regardless of how long they’ve been employed.

Even subtle forms of mistreatment can amount to discrimination. If your employer’s behaviour changed after your pregnancy disclosure or if you felt excluded or pressured, you may have a strong claim. Our solicitors can help you determine whether what you experienced qualifies as discrimination and what compensation you could seek.

Yes. Legal protections don’t stop the moment you return to work. You are still protected from dismissal, redundancy, and discrimination for reasons related to your pregnancy or maternity leave.

For example, if your employer dismisses you shortly after you return or treats you unfairly because of time off taken for maternity, this could still be considered automatically unfair dismissal or pregnancy-related discrimination.

Even subtle forms of disadvantage — such as reduced responsibilities, exclusion from key decisions, or altered work patterns — can support a claim if they are linked to your recent maternity leave. You may be entitled to compensation or reinstatement if your employer has acted unlawfully.

No. Dismissing an employee because of absences caused by pregnancy-related illness or medical appointments is automatically unfair and likely to be classed as discrimination.

Employers are required to make reasonable allowances for antenatal care, pregnancy-related sickness, and time off for medical needs. This includes protecting you from disciplinary action or redundancy due to legitimate absences connected to your pregnancy.

If your employer has treated your pregnancy-related absence the same as general sick leave, this could be a breach of your rights. You may have a legal claim, especially if the absence was used as a reason to dismiss or penalise you.

If you’re successful in a claim for unfair dismissal or pregnancy discrimination, you may be entitled to several types of compensation:

  • A basic award, based on your length of service, age, and salary

  • A compensatory award, for lost earnings, pension loss, and future income

  • Injury to feelings compensation if discrimination is proven

  • Reimbursement of legal or tribunal costs in some cases

Each case is unique, and the amount awarded will depend on your individual circumstances. Many claims also settle before reaching tribunal, often resulting in a negotiated financial settlement. Our solicitors can help you calculate what your claim might be worth and represent you in achieving a fair outcome.

A solicitor plays a crucial role in ensuring that your maternity-related dismissal is handled correctly and that you receive the justice you deserve. We can:

  • Review your case and confirm whether your dismissal was unlawful

  • Help you gather evidence and structure a strong legal claim

  • Support you through ACAS Early Conciliation and negotiations

  • Represent you at Employment Tribunal if needed

  • Secure a favourable settlement without the stress of going to court

More importantly, a solicitor ensures you’re not pressured into accepting less than you deserve and that your employer is held accountable. Our team offers clear, compassionate advice and can guide you through each stage of the process with confidence.

Struggling for time?
Ask our team for a callback below.

What Is Maternity Dismissal?


Under the UK’s Employment Rights Act 1996 and the Equality Act 2010, it is unlawful for an employer to dismiss you for reasons related to your pregnancy, maternity leave, or associated rights.

Examples of unfair maternity dismissal include:

  • Being dismissed shortly after informing your employer you are pregnant.
  • Losing your job while on maternity leave without a genuine redundancy process.
  • Facing redundancy where your role could have been protected or offered suitable alternative work.
  • Being excluded from promotions or key meetings while on maternity leave.
  • Being pressured to return to work early or not being allowed to return to your role.

If any of these situations sound familiar, you may have a strong case for unfair dismissal or discrimination.

Your Legal Rights Explained.

UK employment law provides strong protection for expectant and new mothers:

  • Automatic Unfair Dismissal: Dismissing a woman because of pregnancy or maternity leave is automatically unfair.

  • Maternity Leave Protection: You have the right to take up to 52 weeks of maternity leave, and your job is protected during this time.

  • Right to Return: You are entitled to return to your job after maternity leave, or a suitable alternative role if your position is no longer available.

  • Protection from Discrimination: Being treated less favourably because of pregnancy, maternity leave, or breastfeeding is unlawful discrimination.

Common Maternity Dismissal Concerns We Solve.


Was my dismissal related to my pregnancy?
We’ll help you determine whether your dismissal was legally unfair and related to your maternity status.

Do I need 2 years of service to claim?
No, if your dismissal is linked to pregnancy or maternity leave, you do not need a minimum length of service to bring a claim.

Can I claim if I was made redundant while on maternity leave?
Yes, but your employer must follow strict redundancy rules and ensure you’re offered suitable alternative employment if available.

What compensation can I receive?
You could receive compensation for lost earnings, injury to feelings, and other financial losses related to your dismissal.

Why Choose My Law Solicitors?

  • Specialist Expertise: Our legal team has over 20 years of experience in maternity and employment law claims.

  • Compassionate Support: We understand the emotional impact of maternity dismissal and provide sensitive, professional guidance.

  • Clear, Transparent Advice: We explain your options clearly so you can make informed decisions.

  • Proven Results: Our solicitors have successfully supported countless clients in challenging unfair maternity dismissals.

Why Acting Quickly Matters.


Strict deadlines apply to maternity dismissal claims. You typically have 3 months less one day from the date of your dismissal to bring a claim to the Employment Tribunal.

Acting quickly ensures you don’t lose your right to seek justice.

What’s Included in Our Maternity Dismissal Service?

  • Case Assessment: We’ll review your situation and provide straightforward legal advice on your rights and next steps.

  • Employer Negotiation: We can engage with your employer to negotiate a settlement or resolution.

  • Expert Representation: Should your case proceed to an Employment Tribunal, we’ll represent you every step of the way.

  • Compensation Guidance: We’ll ensure you understand what compensation you may be entitled to and help you secure the best outcome.

FAQs About Maternity Dismissal


Can I be dismissed for pregnancy-related sickness?
 No, dismissal linked to pregnancy-related sickness is automatically unfair.

What if I’m made redundant while on maternity leave?
You have the right to be offered a suitable alternative role if one is available. If this was not done, the redundancy may be unfair.

Can I claim if I’m dismissed before maternity leave?
Yes, protection starts from the moment you inform your employer about your pregnancy.

Trusted by Clients Across West Yorkshire and Beyond.


At My Law Solicitors, we’ve helped countless employees protect their maternity rights and secure justice for unfair treatment.

Trust us to stand in your corner and fight for your rights.

Latest News.

Contact Information.

Office.

142 Thornes Lane,
Wakefield,
WF2 7RE

Contact.

info@mylawsolicitors.co.uk
01924 654 194

Open Hours.

Monday-Friday 9:00am - 6:30pm
Saturday 9:00am - 5:00pm
Sunday - Closed