This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
A comprehensive guide to the legal considerations for termination during maternity leave in England and Wales. Explains statutory protections, when dismissal may be lawful or unlawful, redundancy rights, tribunal processes, time limits, and practical guidance for employees and employers under UK employment law.
Termination of employment during maternity leave raises complex legal issues under UK employment law. Employees on maternity leave have specific statutory protections designed to prevent dismissal or disadvantage because of pregnancy, childbirth, or taking maternity leave. Understanding these legal rights, the processes employers must follow, and the recourse available through an employment tribunal is essential for employers, employees, legal students, and members of the public seeking clarity on this area of law.
This article explains the legal framework governing termination during maternity leave in England and Wales, the protections available, when dismissal may be lawful or unlawful, the practical steps to address disputes, and common questions that arise in this area.
Maternity Leave and Legal Protections
Statutory Maternity Leave Entitlement
Employees who are pregnant and meet the qualifying conditions are entitled to up to 52 weeks of statutory maternity leave. This leave consists of 26 weeks' ordinary maternity leave followed by 26 weeks' additional maternity leave. During this period, employees accrue employment rights such as protection from unfair dismissal and discrimination.
Protected Period under Equality and Employment Law
The protected period under the Equality Act 2010 begins when a woman becomes pregnant and usually continues until the end of maternity leave or until she returns to work. If an employee does not qualify for maternity leave, the protected period ends two weeks after the end of her pregnancy.
During the protected period, employers must not treat an employee unfavourably because of her pregnancy, pregnancy-related illness, or because she took or intends to take maternity leave. This includes decisions about dismissal, redundancy, and other detriments.
When Termination May Be Lawful
Dismissal for Reasons Unrelated to Maternity
It is possible for an employee on maternity leave to be dismissed if there is a genuine reason that is entirely unrelated to pregnancy or maternity leave. For example, a clear business closure or redundancy process that fairly affects all employees, including those on maternity leave, may be lawful if it can be demonstrated that the reason for dismissal is not connected to the employee's maternity status.
However, strict procedural requirements and evidential standards apply, and employers must ensure decisions are documented, objectively justified, and free from discriminatory considerations.
Redundancy as a Reason for Termination
Employees on maternity leave can be made redundant where a genuine redundancy situation arises. However, the law imposes additional protections in redundancy processes affecting pregnant women, those on maternity leave, and new mothers:
- An employer must show that redundancy is genuine and necessary.
- Pregnancy or maternity must not be part of the reason for redundancy.
- Employers must consult meaningfully with employees on maternity leave during redundancy processes.
- If redundancy arises while an employee is on maternity leave (or within 18 months of childbirth), and it is not practicable for the employer to continue to employ her in her existing role, she must be offered any suitable alternative vacancy before others.
Since April 2024, this redundancy protection extends not only during statutory maternity leave but also throughout pregnancy and up to 18 months after childbirth.
When Termination Is Unlawful
Automatic Unfair Dismissal
If an employee is dismissed because of pregnancy, childbirth, or maternity leave, the dismissal is automatically unfair under section 99 of the Employment Rights Act 1996 and related regulations. This means:
- There is no qualifying period for this type of automatic unfair dismissal claim.
- The employee does not need two years' qualifying service.
- The employer must demonstrate that the reason for dismissal was not connected to maternity.
Automatic unfair dismissal usually overlaps with pregnancy and maternity discrimination under the Equality Act 2010. A tribunal may treat dismissal for reasons connected to maternity leave as discriminatory as well as automatically unfair.
Failure to Offer a Suitable Alternative Role
When redundancy occurs during maternity leave or within the extended protected period, the employer's failure to offer a suitable alternative vacancy where one exists is treated as automatic unfair dismissal. Suitable alternative employment must be compatible with the employee's skills and no less favourable in terms of pay and conditions.
Discrimination and Detriment
Treating an employee less favourably because of pregnancy or maternity status - including failing to consult, excluding them from redundancy consultation exercises, or making no meaningful effort to involve them - may constitute pregnancy and maternity discrimination. Discrimination claims can be pursued alongside claims for unfair dismissal.
Practical Steps for Employees
Early Communication and Notice
Employees should ensure they have properly informed their employer of pregnancy and maternity leave dates in writing. This establishes the protected period and the rights that flow from it.
Grievance and ACAS Early Conciliation
If an employee believes they have been unfairly dismissed or discriminated against, they should consider raising a grievance under the employer's internal procedure to resolve the issue. Before submitting a tribunal claim, employees in England and Wales must contact ACAS for Early Conciliation. This is a compulsory step and involves attempting to settle the dispute without going to tribunal.
Employment Tribunal Time Limits
Time limits for employment tribunal claims are strict. For unfair dismissal, discrimination, and redundancy-related claims, the claim must normally be filed within three months less one day from the date of dismissal or the act of discrimination. Failure to act within the time limit may result in losing the right to bring a claim.
Legal Advice and Representation
Seeking legal advice early can help clarify rights and options. Legal advice may be available from unions, law centres, or private solicitors. In some discrimination cases, legal aid may be available if the applicant meets the means criteria.
Compensation and Remedies
If a tribunal finds that termination during maternity leave was unlawful due to automatic unfair dismissal or discrimination, the remedies may include:
- Compensation for loss of earnings.
- Damages for injury to feelings in discrimination claims.
- Reinstatement or re-engagement in rare cases.
The amount of compensation depends on factors such as length of service, loss suffered, and the nature of the discrimination or unfair dismissal.
Common Questions from our Readers
Can an employer dismiss someone on maternity leave?
Yes, but only if there is a genuine business reason unrelated to maternity leave, and all legal protections, including fair procedure and meaningful consultation, are observed.
Does maternity leave protection continue after returning to work?
The protected period generally ends when a woman returns to work from maternity leave. However, redundancy protections under maternity and parental leave regulations can extend up to 18 months after childbirth.
What if the employer ignores contact during leave?
Failing to communicate about important employment matters during maternity leave can contribute to claims of unfavourable treatment or discrimination.
Key Takeaways
Termination during maternity leave in England and Wales is subject to enhanced legal protections designed to prevent discrimination and automatic unfair dismissal. Employers must ensure that any dismissal or redundancy is for a genuine reason unrelated to maternity, that fair procedures are followed, and that meaningful consultation occurs. Special redundancy protections apply, including the requirement to offer suitable alternative roles where available. Employees have limited time to bring claims to an employment tribunal and should engage with ACAS Early Conciliation as the first formal step in dispute resolution.
