When an employee informs their employer that they are pregnant, there is an immediate shift in the employment relationship. The employee, from this point onwards, has a special status. Employers need to know where they stand, what their obligations are, and the legal limits of those obligations. Here are five things which employers need to know when dealing with pregnant employees:

  1. They have a right to time off for antenatal care

Pregnant employees are entitled to time off during working hours to attend ante natal appointments. The right covers not only the appointment itself, but also travelling and waiting time. The right is to paid time off. After the first appointment, employers can ask for a certificate confirming pregnancy before allowing the employee to take time off. If the employer ‘unreasonably refuses’ time off then they are risking a pregnancy discrimination claim (see below). They could also face a specific claim for twice the pay which the employee would have received during the time off.

  1. There are health and safety implications

All employers are required to complete an individual risk assessment for pregnant employees if they work at a workplace and the work is of a kind which could involve risk to employees who are pregnant (Regulation 16 Management of Health and Safety at Work Regulations 1999). It is best practice for all employers, regardless of the character of the work or workplace, to conduct an individual risk assessment once an employee announces their pregnancy. Additional risks should be identified and managed, if possible.

  1. The employer may need to medically suspend

If a pregnancy risk assessment highlights health and safety issues for a pregnant employee which cannot be managed by altering working hours or conditions, the employer must suspend the employee on ‘maternity grounds’. The employer must record the findings of their risk assessment, preferably in writing. Suspension must be on full pay.

In these circumstances, if the employee has not elected to go on maternity leave sooner, the employer is able to start leave from four weeks before the week the baby is due.

Members of the HR Inner Circle can download our template letter for suspending an employee on health & safety grounds here: https://members.hrinnercircle.co.uk/the-vault/templates/

  1. They have special protection in redundancy situations

Pregnant employees are entitled to be offered suitable alternative employment before other members of staff in a redundancy situation. This special protection initially only applied during maternity leave but, from April 2024, protection was extended to cover the period of the employee’s pregnancy (as well as a period after they return to work). It means that a pregnant employee comes first in the queue and trumps other employees when an employer is deciding who to offer suitable alternative posts to. It does not mean that pregnant employees are immune from initial selection. The protection ‘bites’ later in the process when the employer is considering whether there are any alternative vacancies which the employee can be slotted into.

  1. They are protected from discrimination

Specific sections in Equality Act 2010 provide protection against direct pregnancy and maternity discrimination. Pregnant employees don’t need to point to a comparator they are being treated ‘less favourably’ than. They are protected from any ‘unfavourable’ treatment by their employer because of their status as a pregnant woman. This special protection applies throughout pregnancy and during maternity leave, ending on return to work.

In summary, pregnancy gives employees a distinct legal status in the workplace, and employers need to recognise and respond to this responsibly. Time off should be granted, risks properly assessed and managed, and their priority considered in any redundancy process. Beyond legal obligations, taking a supportive and proactive approach helps build a workplace culture where all employees feel valued and protected.