Defending terms and conditions - a legal guide for union reps (September 2020)

Chapter 2

Paid maternity suspension

[ch 2: page 31]

A woman who is pregnant, breastfeeding or has recently given birth and whose work (or getting to work) could involve a risk of harm is entitled to a specific maternity risk assessment. This is in addition to the general risk assessment that the employer must carry out for everyone at work. If the maternity risk assessment establishes a risk beyond the normal risks the woman faces when not working, her employer must temporarily adjust her working conditions or hours, or offer suitable alternative work if available. If none is available, she must be suspended from work on her normal pay for as long as is necessary to protect her safety or that of her baby.

This is a day one right for all employees and for all temporary agency workers after 12 weeks in the same role for the same hirer.

Pregnant women are also protected from pregnancy and sex discrimination (see Chapter 3).


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