Can an employer suspend an employee who is pregnant or who has recently given birth?

A pregnant employee, or an employee who has just given birth, is entitled to make a complaint to an Employment Tribunal if they experience unfair treatment. Employees in this situation are advised to seek legal advice form an employment solicitor.

The suspension of a pregnant employee or one who has recently given birth will be unlawful, unless the employer can show that it is for health and safety reasons. Every employer has a duty to safeguard the health and safety of their employees in the workplace. The law requires employers to carry out health and safety risk assessments.

When an employee informs her employer that she is pregnant, the employer must undertake a new risk assessment to take into consideration the new circumstances. If the risk assessment shows that the job or working environment is unsafe for the pregnant employee, they must offer her suitable alternative employment. If this assessment does not take place, the company is breaking employment law. Risks to the health of the pregnant employee include heavy lifting, long working hours, exposure to toxic substances, or sitting or standing for long periods of time. If there is no suitable alternative employment available, they are able to suspend the employee for as long as the health and safety regulations require.

The employee is entitled to receive remuneration while she is on suspension for health and safety reasons. The remuneration is equivalent to one week’s pay for every week they are on suspension. The pregnant employee will forfeit her right to remuneration if she unreasonably refuses the suitable alternative employment. An employment solicitor can clarify your circumstances and relate these to employment law to ensure your best interests are protected.

An employee who has just given birth also can be suspended if the health and safety risk assessment finds that the work is unsuitable. Employees who decide not to take statutory maternity leave must still take compulsory maternity leave. Compulsory maternity leave is two weeks after the birth of the child, or four weeks if the employee works in a factory.

Both employers and employees who are unsure of how these rules affect them should consult an employment solicitor for advice. The employment solicitor can assess the work conditions to see whether suspension or other action is reasonable.

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