In the case of pregnancy there is no fair dismissal reason that is ever granted to the employer,  all cases will automatically be treated as unfair.  The employee doesn’t even have to be working for a year to claim protection.

Maternity laws protect mothers to be from any unfair treatment at work because of their pregnancy, childbirth or if they wish to take maternity leave.

The only cases where an employer is entitled to suspend an employee who is either:

• Pregnant
• Recently given birth
• breastfeeding

are as follows:

1. Health and Safety, if the employee’s job involves working with chemicals.
2. if the employee normally works on a night shift.

The employer can only suspend and not dismiss as this would be deemed unfair and before this happens the employer must consider alternative work for the employee.  If the employer fails in this respect the employee can make a complaint which must happen within 3 months of the suspension.

The employee if suspended receives full pay, however if the employee refuses to take an alternative offered post they are not entitled to full paid leave.