Maternity leave and workplace disputes: Know your rights
Under UK law, working mothers enjoy a number of rights designed to make returning to work easier. But if you don’t understand your rights, or you aren’t willing or able to defend them, you might be taken advantage of by unscrupulous employers.
Understanding your maternity leave rights
In the UK, there are two varieties of statutory maternity leave. Ordinary maternity leave (OML) lasts for twenty-six weeks. Additional maternity leave (AML) lasts for a further twenty-six weeks. After the first spell, you’re allowed to return to your old job.
Should you choose to take the second spell, you’ll have the right to return to the old job, on the condition that it’s still there. If it isn’t, then you might be offered a similar job, with the same pay, benefits, location, and holiday entitlement.
April 2025 saw the introduction of a new kind of maternity leave (Statutory Neonatal Care Leave) which is offered to parents whose children need additional care in hospital. To qualify, the baby must enter neonatal care within twenty-eight days of their birth, and spend at least a week there.
Recognising and addressing pregnancy and maternity discrimination
Of course, all of this imposes some responsibilities on employers. Some employers, however, might attempt to set those responsibilities aside. They might seek to discourage mothers from progressing within the organisation, and fail to offer them the same opportunities and perks as everyone else. In some cases, the new mother might be dismissed.
All of these actions are illegal under the Equality Act 2010. If you feel that you’ve been discriminated against in this way, then the best approach is to raise a complaint, and then escalate the matter to a courtroom with the help of a qualified solicitor.
The good news is that, should you choose to take legal action, it’s illegal for your employer to discriminate against you on that basis.
Navigating workplace disputes and seeking resolution
If you believe that your maternity-related rights have been violated, then the best approach is to file a complaint and try to get it handled internally. This will lower costs for everyone involved, and it could lead to less stress for you personally. The right dispute resolution lawyers might help you to handle the matter informally, while providing you with the reassurance that you aren’t alone, and that you can escalate if you’re pushed into it.
Recent legal developments affecting maternity rights
The world of employment law is constantly shifting – which is part of what makes it important to have the right expertise in your corner. The Employment Rights Bill offers mothers a number of protections. These include a new statutory ‘right to leave’, as well as the aforementioned neonatal care pay, both of which are now in effect.
