Dismissed on maternity leave? It's automatically unfair

Being dismissed, made redundant, or forced out while on maternity leave is one of the most serious breaches of employment law. You can claim unfair dismissal and sex discrimination without needing two years of service, and compensation is uncapped on the discrimination side.

Dismissed on maternity leave? You have strong legal protection from day one

Know your maternity rights

Can I be dismissed while on maternity leave?

You have very strong protection against dismissal during maternity leave. You cannot be selected for redundancy because of your pregnancy or maternity leave. If made redundant while on maternity leave, you have the right to be offered any suitable alternative vacancy before anyone else.

Do I need 2 years service to claim if dismissed on maternity leave?

No. Dismissal because of pregnancy or maternity is automatically unfair and also amounts to direct sex discrimination under the Equality Act 2010. There is no qualifying service period for either claim.

What is the right to return to my job after maternity leave?

After ordinary maternity leave (the first 26 weeks), you have an absolute right to return to the same job. After additional maternity leave (weeks 27-52), you have a right to return to the same job or, if that is not reasonably practicable, a suitable alternative on no less favourable terms.

What if my job is made redundant while I am on maternity leave?

If your role becomes redundant during maternity leave and there is a suitable alternative vacancy, your employer must offer it to you before offering it to any other employee — even if others are also at risk of redundancy. Failing to do this is automatic unfair dismissal.

What compensation could I receive for maternity leave dismissal?

Compensation includes: basic award (up to £22,530), compensatory award (uncapped for discrimination claims), injury to feelings (2026/27 Vento bands: £1,300–£62,900 depending on severity), and potentially an ACAS uplift of up to 25% if your employer failed to follow proper procedure.

Maternity Leave & Dismissal

Dismissed on maternity leave? It's automatically unfair

Last updated: April 2026

No qualifying period needed for pregnancy or maternity discrimination

Compensation for sex discrimination has no statutory maximum

In redundancy you must be offered suitable vacancies before others

Your specific protections during maternity leave

Automatic unfair dismissal

Dismissal for a reason connected to pregnancy, maternity leave, or exercising maternity rights is automatically unfair under section 99 of the Employment Rights Act 1996 [ERA 1996 s.99]. This applies from day one of employment — no two-year service requirement.

Sex discrimination under the Equality Act 2010

Dismissal connected to pregnancy or maternity is direct sex discrimination under the Equality Act 2010 [EQA 2010 s.18]. This means two separate claims, two separate heads of compensation, and — for the discrimination element — no cap on what you can recover.

Right to a suitable alternative vacancy in redundancy

If your role is made redundant during maternity leave, you have a statutory right to be offered any suitable alternative vacancy that exists — ahead of all other employees at risk. This right runs from the start of pregnancy and extends throughout maternity leave.

Right to return to the same job

After Ordinary Maternity Leave (the first 26 weeks), you have an absolute right to return to exactly the same job. After Additional Maternity Leave (weeks 27–52), you return to the same job or, if not reasonably practicable, a suitable alternative on equivalent terms.

Continuity of employment and terms

Your terms and conditions — seniority, accrued benefits, pension — must be preserved during maternity leave. Returning on worse terms without your agreement is a breach of contract.

Signs your dismissal may be connected to maternity

Employers rarely say openly that maternity is the reason. Watch for these patterns:

Time limits — act before the deadline

Employment Tribunal claims must be filed within

3 months less one day

of the act you are complaining about.

For dismissal, that is the effective date of termination. For a failure to offer a suitable alternative vacancy, it is the date of that failure.

Before you can file, you must start ACAS Early Conciliation

— this pauses the 3-month clock while ACAS attempts to resolve the dispute. Do not let the deadline pass: extensions are granted only in exceptional circumstances.

If you are still on maternity leave

The clock runs from the act complained of — not from when you return to work. If you were told about a redundancy or dismissal while still on leave, start ACAS Early Conciliation before the 3-month window closes, even if you are yet to return.

Questions about maternity leave dismissal

Dismissed or forced out during maternity leave?

Start My Claim helps you build the full picture of your case — unfair dismissal, discrimination, and the specific maternity rights that apply — free to start.

No card required. Takes about 5 minutes.

Your claim, estimated

What could you actually be owed?

No sign-up, no card, no email. Your numbers just appear below as you type — then you decide whether to build the full case.