Family-related rights overlap but are not interchangeable. Pregnancy discrimination, maternity leave/pay, paternity leave/pay, ordinary parental leave, shared parental leave and flexible working each have their own eligibility and notice rules.
Start with the factual problem, then identify the right, evidence, remedy and route. Similar workplace situations can use different legal tests.
Key points
- Pregnancy and maternity discrimination protections do not depend on the ordinary unfair-dismissal qualifying period.
- Paternity leave and ordinary unpaid parental leave became day-one leave rights from 6 April 2026, although statutory pay has separate eligibility rules.
- Maternity and other family leave do not stop annual leave accruing.
- Redundancy during protected family-leave periods can trigger special priority rules for suitable alternative vacancies.
Diagnosis
First: what exactly happened?
Work out which route fits the facts before deciding what to ask the employer to do. Similar workplace problems can use different legal tests.
| What happened? | What to check |
|---|---|
| You are pregnant and treatment changed | Record when the employer knew and identify the decision or detriment linked to pregnancy. |
| You need maternity/paternity/parental leave | Check the particular leave right, notice requirements and separate pay eligibility. |
| You are returning from leave | Check the right to return, role, terms, accrued holiday and any flexible-working/adjustment request. |
| Redundancy affects you during or after family leave | Check the special protected-period rules for suitable alternative vacancies as well as ordinary redundancy fairness. |
Who is responsible?
The employer remains responsible for complying with employment law and making fair decisions even where managers, HR, payroll, occupational health or external advisers administer part of the process.
Identify your employing entity and the actual decision-maker. If an agency, umbrella company or host business is involved, responsibility can differ by right and should be checked rather than assumed.
Pregnancy discrimination
Unfavourable treatment because of pregnancy or pregnancy-related illness is specifically protected. Do not force it into the ordinary direct-discrimination comparator model.
Maternity leave and pay
Leave and statutory pay are related but separate rights. Eligibility for Statutory Maternity Pay can differ from the right to maternity leave, and Maternity Allowance may be relevant where SMP is not payable.
Paternity and parental leave after April 2026
Paternity leave and ordinary parental leave became day-one leave rights on 6 April 2026. Statutory Paternity Pay still has separate service and earnings conditions.
Return to work
Rights can depend on the type and length of leave. If the same job is not offered, ask which statutory return rule the employer relies on and why any alternative is suitable.
Redundancy and suitable alternatives
Pregnancy and family-leave protected periods can create priority rights to suitable alternative vacancies. This is stronger than merely being allowed to apply competitively.
Redundancy during protected periods
Special priority protections for suitable alternative vacancies can apply during pregnancy and specified family-leave protected periods. This is not merely a right to be considered fairly alongside everyone else; where the statutory conditions apply the suitable alternative role should be offered as a priority.
Keep the vacancy list, job descriptions, dates and evidence of who was appointed. A redundancy process can be genuine while the treatment of a protected employee is still unlawful.
Returning from maternity or other family leave
The right to return depends on the leave taken and circumstances. Do not accept a vague statement that “your old job no longer exists” without asking which return rule applies, what role is offered, and why returning to the same role is not reasonably practicable where that is the statutory test.
Changes in duties, status, location or pay after return can raise contract and discrimination issues as well as family-leave rights. Compare the pre-leave job with the proposed role in writing.
Leave rights and pay rights are separate
A common source of error is assuming that eligibility for leave and eligibility for statutory pay always use the same service test. They do not. Maternity leave is a day-one employee right; paternity leave became a day-one right from 6 April 2026; statutory maternity/paternity pay have separate earnings and service rules.
If payroll refuses payment, ask for the exact statutory condition said not to be met and the calculation used. If leave is refused, analyse the leave entitlement separately rather than allowing a pay dispute to swallow the leave right.
Pregnancy-related sickness must be identified accurately
Pregnancy-related illness can have special treatment in discrimination and absence-management contexts. Ask the employer to record the reason accurately instead of treating it as ordinary attendance in a way that disadvantages the employee.
Health and safety can also require action where workplace risks affect a pregnant worker or new mother. Depending on the circumstances this can involve risk assessment, adjusted conditions, suitable alternative work or suspension on appropriate terms.
What can you realistically ask for?
Match the requested outcome to the right involved. Some problems can be corrected internally; others have statutory pay, compensation or tribunal remedies.
- Family leave/pay correctly applied
- Correction of discriminatory treatment
- Return to appropriate role/terms
- Priority offer of suitable alternative vacancy where statutory protection applies
- Flexible working or adjustments where separate rights apply
- Tribunal remedies for discrimination/dismissal/pay claims
Evidence worth keeping
Preserve the original record where possible. A short, dated evidence set is usually more useful than an unstructured dump of documents.
Common employer responses - and what they do not necessarily prove
| Employer says | ConsumerWise view |
|---|---|
| “You do not have two years service, so pregnancy dismissal cannot be unfair.” | Pregnancy/maternity and various automatic-unfair/discrimination protections do not depend on two years ordinary service. |
| “Paternity leave still needs 26 weeks service.” | For leave itself, that is out of date from 6 April 2026. Statutory Paternity Pay has separate eligibility. |
| “Maternity leave uses up annual leave.” | Annual leave continues to accrue during maternity leave and cannot simply be replaced by it. |
| “In redundancy you can apply for vacancies like everyone else.” | Protected family-leave situations can create priority rights to suitable alternative vacancies. |
What to say next
Write in issue-remedy form: identify the event, state the rule or evidence that matters, ask the employer to explain its position, and request a concrete outcome. Avoid burying the key point inside a long narrative.
Important overlaps and edge cases
- Holiday and holiday pay
- Flexible working
- Pregnancy-related sickness
- Redundancy
- Discrimination and reasonable adjustments
What to do
A practical next-step plan
- Write down the event or decision, the date, who made it and the practical impact.
- Identify the legal or contractual right that may apply instead of relying only on the word “unfair”.
- Collect the smallest evidence set that proves the key facts and the employer’s stated reason.
- Use the relevant internal request, grievance, appeal or complaint route and ask for a specific remedy.
- Check Acas and tribunal limitation separately. Do not let a slow internal process cause an external deadline to expire.
Escalation and time limits
Internal procedures can be important, but they do not normally stop an employment tribunal time limit. As at 11 September 2026, most claims whose limitation period starts before 1 October 2026 still use the existing three-month-minus-one-day framework. For most relevant time limits starting on or after 1 October 2026, the period increases to six months minus one day.
Acas early conciliation can affect calculation of the deadline if Acas is notified in time. Some claims use different limits, and interim relief in qualifying dismissal cases can require action within only 7 days. Always check the specific claim rather than applying a general period mechanically.
Official sources
Check the current official source material
- Acas: Maternity leave and pay - official guidance
- Acas: Paternity leave and pay - official guidance
- Acas: Parental leave - official guidance
- GOV.UK: Maternity pay and leave - official guidance
Employment law changes frequently. Check the live official source and the date of the workplace event before relying on a time limit, qualifying period or statutory rate.