Paid maternity suspension 



As soon as an employee informs the employer that she is pregnant, has recently given birth or is breastfeeding, then if her work gives rise to a risk to her health or that of her baby, the employer must carry out a maternity risk assessment (O Neill v Buckinghamshire County Council [2010] IRLR 348).


If a significant health and safety risk is identified for a new, expectant or breastfeeding mother, going beyond the normal level of risk found outside the workplace, the employer must take the following steps (regulation 16, Management of Health and Safety at Work Regulations 1999 (MHSWR):


Step 1: temporarily adjust the woman’s working conditions or hours;


Step 2: offer suitable alternative work if available, for the same pay, or if no suitable work is available;


Step 3: suspend the woman from work on full pay for as long as needed to protect her health and safety or that of her baby – known as the woman’s statutory right to a “maternity suspension”. This right is available to employees from day one, and to agency workers with at least 12 weeks’ qualifying service (see Chapter 2).


Normal pay must be paid during a maternity suspension unless the woman has unreasonably refused alternative work (sections 64-70, ERA 96).



Any alternative work must be:


• suitable and appropriate for the woman to do in all the circumstances; and


• on terms and conditions that are no less favourable than those of her original role.


A maternity suspension should take place in full consultation with the employee, after considering with her what changes can be made to enable her to stay in post, based on the results of the health and safety risk assessment.


Imposing changes to a pregnant woman’s working arrangements without consultation and/or a proper risk assessment or evidence of a genuine risk to health and safety is likely to amount to pregnancy discrimination (New Southern Railway Limited v Quinn [2006] IRLR 266). For more general information about pregnancy discrimination, see Chapter 7.


There is an issue fee for a tribunal claim for maternity suspension pay of £160, and a hearing fee of £230. As with all tribunal claims (except interim relief), Acas EC applies. See Chapter 13 for information about Acas EC and tribunal fees.



For information on breastfeeding at work, see Chapter 9, page 331.