Maternity suspension

Where, following a risk assessment, an employer identifies a risk to the health and safety of a new or expectant mother and their unborn child that cannot be avoided, the employer must change the woman’s working conditions or hours and work. If this is not reasonable or would not remove the risk, the employer must suspend the woman from work for as long as necessary.

The woman is entitled to be paid her normal wages during this period, known as a “maternity suspension”, unless she has turned down an offer of suitable alternative work under section 66 of the Employment Rights Act 1996. It will be sex discrimination to impose a change of duties or a maternity suspension on a woman where the level of risk is low and does not require this (New Southern Railway Ltd v Quinn [2005] UKEAT 0313/05/2811).

The Agency Workers Regulations 2010 improved the position of agency workers by extending the right to a “maternity suspension” to all agency workers who have completed a statutory 12-week qualifying period. Any pregnancy-related absence counts towards this qualifying period.

This means that as long as the agency worker has enough qualifying service, whenever health and safety considerations prevent a temporary assignment continuing, the employment agency must provide an alternative assignment. If there is nothing suitable available, the agency must pay the agency worker for the rest of the original assignment.