Am I Protected From Dismissal Or Detriment During Maternity? All women employees, whether temporary or permanent and regardless of hours worked or length of service, are automatically protected from dismissal, detriment and selection for redundancy solely or mainly on the grounds of being pregnant, having given birth or taken maternity leave. There is no option for employers to justify the treatment. Any dismissal connected to a woman's pregnancy, childbirth or maternity will generally also be discriminatory. So an employer cannot:

• Dismiss you or select you for redundancy (unless there is a genuine redundancy situation)
• Dismiss you because of some statutory restriction on employment or on grounds of health and safety. Instead, the employer should transfer or suspend you. If transferred you will take on the terms and conditions of the new job (which should not be substantially less favourable). Suspension will be on full pay. (See also Am I Entitled to Ante-Natal Care And/Or Health And Safety Protection?)
• Refuse to allow you to return to your job after your maternity leave (unless there has been genuine redundancy or reorganisation)
• Dismiss you for exercising a statutory right such as time off for ante-natal care
• Subject you to any detriment e.g. denial of promotion, training opportunities, facilities
• Use any pregnancy-related sickness as grounds for triggering disciplinary proceedings, dismissing you or making you redundant
• Dismiss you if you are sick at the end of maternity leave and cannot return on the appointed day. Your maternity leave will end and you will then be on sick leave. You should provide your employer with a medical certificate and comply with any other requirements of the sickness policy. If your employer normally provides sick pay this should be paid to you. If not you may be entitled to statutory sickness benefits - contact your Jobcentre Plus for more information.

You generally have the right to return to your same job following maternity leave. There are three exceptions:

• If your employer has 5 or less employees and you have taken additional maternity leave, if it is not reasonably practicable to allow you return, it would not be unfair to dismiss you.

If there is a genuine redundancy and there is no suitable alternative vacancy. If you have at least two years service will be entitled to redundancy pay. Your employer should consult with you about potential redundancies even if you are on maternity leave.

If there is a genuine redundancy which occurs during the leave period and there is a suitable alternative vacancy, your employer should offer this to you. If you refuse, your employer can dismiss you and you may lose the right to redundancy pay.

If you are dismissed, the employer must provide you with a written statement of reasons for dismissal. This statement is admissible in evidence.

Complaints about dismissal, redundancy and detriment can be made to Employment Tribunals, generally within 3 months of the action. Both unfair dismissal and sex discrimination should be claimed. If your employer does not comply with the statutory dismissal procedures before dismissing you, any dismissal will be automatically unfair.