| Rights for employees | | | | want to return to work. You have the right to return to |
| By law, all pregnant employees are entitled to ordinary | | | | your old job or to similar job on no less favourable |
| maternity leave of 26 weeks. Employees who worked | | | | terms. |
| for their employer continuously for at least 12 months | | | | If you also have a right to take maternity leave under |
| are also entitled to an additional maternity leave. | | | | your contract, you may take advantage of only the |
| Employees may have additional leave rights under their | | | | more favourable of your rights. |
| contracts. Employees have the right to return to work | | | | Remedies |
| at the end of their maternity leave. If refused, or | | | | If your employer breaches any of your maternity |
| otherwise treated unfavourably, they may also have | | | | rights, or otherwise treats you unfairly because you |
| additional claims for unfair dismissal and sex | | | | are pregnant, you are likely to have a sex |
| discrimination. | | | | discrimination claim. In addition, if you are not allowed to |
| Prescribed procedure | | | | return to work at the end of your maternity leave, you |
| To take maternity leave, you must follow a prescribed | | | | will be treated as having been dismissed and may |
| procedure. You will have to inform your employer of | | | | have a claim for automatic unfair dismissal. If you are |
| your pregnancy, the expected week of birth, the date | | | | made redundant whilst on leave, you may also have a |
| on which you would like to start your maternity leave | | | | claim for redundancy payment. |
| and, if you are absent from work for a | | | | For unfair dismissal and sex discrimination, the most |
| pregnancy-related reason, the reason for your | | | | common remedy is compensation. Compensation for |
| absence. | | | | sex discrimination has no upper cap but will be limited |
| You cannot start your maternity leave before the | | | | to an amount which will put you, as far as possible, in |
| beginning of the eleventh week before the expected | | | | the position you would have been in had you not been |
| week of birth, unless you gave birth earlier. You may | | | | discriminated against. |
| start your leave before the notified date if you are | | | | Compensation for unfair dismissal is divided into a |
| absent from work for a pregnancy-related reason. | | | | basic award and a compensatory award. The |
| Maternity leave periods | | | | compensatory award depends on your actual losses |
| By law, there are two maternity leave periods: | | | | and is capped. You have to take reasonable steps to |
| Ordinary maternity leave. This lasts for 26 weeks. You | | | | minimise your losses, for example, to look for another |
| have the right to return to your old job at the end of | | | | job. |
| your leave on terms and conditions no less favourable | | | | If your employer breached the terms of a contractual |
| than would have applied if you had not been absent on | | | | leave policy, you may also have claim for breach of |
| leave, provided you give your employer at least 28 | | | | contract. |
| days' notice. During your leave, you are entitled to your | | | | Complaints |
| contractual benefits, except for remuneration. You are | | | | You should make your complaints at the employment |
| likely to be entitled to Statutory Maternity Pay (SMP). | | | | tribunal which is local to where you work (or worked). |
| Additional maternity leave. This is available if you have | | | | Sex discrimination, unfair dismissal and breach of |
| worked for your employer continuously for at least 26 | | | | contract claims must normally be presented within 3 |
| weeks at the beginning of the 14th week before the | | | | months of the effective date of termination. A claim |
| expected week of birth. It starts at the end of the | | | | for redundancy payment has to be made within 6 |
| ordinary maternity leave and can last for up to an | | | | months of the relevant date. Only in truly exceptional |
| additional 26 weeks. Your contract of employment | | | | circumstances, a tribunal may allow you to make a |
| continues during the leave period and some contractual | | | | complaint out of time. You may, as an alternative, bring |
| benefits and obligations remain in force. You have to | | | | a breach of contract claim in the county or high court, |
| give your employer at least 28 days' notice if you | | | | within six years of the effective date of termination. |