Right to medical suspension — pregnancy and childbirth

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. 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).

Qualifying agency workers also benefit from this right (see Chapter 2).

Relevant law: Management of Health and Safety at Work (Amendment) Regulations 1999.