Right to medical suspension — pregnancy and childbirth 


An employer who identifies an unavoidable risk to the health and safety of a new or expectant mother and/or their unborn child must change the woman’s working conditions or hours of work. If this is not reasonable or would not remove the risk, the woman must be suspended from work for as long as necessary. 


The woman is entitled to her normal wages during this period, known as a “maternity suspension”, unless she has turned down an offer of suitable alternative work. It would 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). 


Agency workers with 12 weeks’ service for the same hirer in the same job also have this right.