Pregnancy and parental rights

Dismissing a woman because she is pregnant or on maternity leave, or for any reason connected with her pregnancy, is contrary to both the Equality Act 2010 and section 99, ERA 96. The dismissal of an employee due to a pregnancy-related illness is also unlawful (Brown v Rentokil [1998] IRLR 445). Employees undergoing IVF treatment whose ova have been fertilised but not yet implanted have fewer rights. Until the ova has implanted, their dismissal will not be for a pregnancy or maternity related reason, although it may well be sex discrimination (see Chapter 6 - Discrimination).

As long as part of the reason for dismissing a woman is to do with her pregnancy or maternity, it does not matter that there might have been other reasons for the dismissal. It will be automatically unfair.

Dismissing employees for exercising parental, paternity or adoption leave rights is also automatically unfair. For the law on pregnancy, maternity and redundancy, see Chapter 11.