Managing Pregnancy and Maternity Leave: Best Practices for Businesses

A recent maternity discrimination case, involving a total £350,000 award, highlighted the importance for businesses to get things right.

Maternity discrimination remains a pressing issue for businesses, with employment tribunals regularly addressing claims of unfair treatment. For employers, the consequences of mishandling maternity leave, or pregnancy-related matters can be severe, ranging from reputational damage to costly compensation awards.

To avoid such outcomes, employers must not only comply with the law but also take proactive steps to ensure that maternity is handled sensitively and professionally within their organisations. This article explores the key responsibilities employers have towards pregnant employees, and those on maternity leave, and provides guidance on fostering a supportive workplace culture.

The importance of a robust maternity policy

A well-drafted maternity policy is essential for any organisation, but having one is not enough. Employers must ensure that their policies are up-to-date, accessible, and followed consistently across the business. A policy that sits unused in a filing cabinet or on an unread page of the company intranet offers little value.

Training managers and HR personnel is a critical step in ensuring policies are understood and implemented effectively. Managers should be equipped to handle pregnancy-related discussions sensitively and professionally, as any communication – including emails and instant messages – could be scrutinised in a tribunal if a dispute arises.

A proactive approach is key. From the moment an employee discloses their pregnancy, there should be a structured process in place that ensures compliance and supports the employee throughout their journey, from pregnancy to maternity leave and their eventual return to work.

Conducting pregnancy risk assessments

Under health and safety regulations, employers must carry out a general workplace risk assessment for all employees of childbearing age. However, when an employee informs their employer of a pregnancy, an individual risk assessment must also be conducted.

This assessment involves reviewing any potential risks to the employee or their unborn child and discussing these with the employee. Common risks may include:

• Prolonged sitting or standing.
• Lifting or carrying heavy items.
• Working alone or at night.

Employers should address any concerns raised by the employee and take into account any medical recommendations. If risks are identified, they must decide whether these can be mitigated or removed. If not, adjustments to working conditions or hours may be necessary.

Where adjustments are not feasible, employers should provide the employee with suitable alternative work on the same terms and conditions (including pay).

Suspending them on full pay for as long as needed to protect their health and safety and that of their child can be used if their job is deemed as having too many risks for them to carry it out safely. If no alternative work is available, the employee may need to be suspended on full pay to protect their health and safety and that of their child.

Communication is essential

Regular, two-way communication is essential for supporting pregnant employees. Employers should integrate these conversations into existing catch-ups, such as weekly or monthly meetings, or set aside specific times to discuss pregnancy-related matters.

Once an employee informs the business of their pregnancy, it’s good practice to confirm their maternity leave dates, holiday entitlement, and rights regarding antenatal appointments in writing. This ensures clarity and sets the tone for a supportive working relationship.

Regular communication should continue into the employee’s maternity leave.

Employers should discuss and agree with the employee in advance how regularly and by what method(s) of contact. Keeping In Touch (KIT) days can be an excellent way for employees to engage with the business and prepare for their return without ending their maternity leave prematurely

Training managers to handle sensitive conversations

Maternity-related discussions can sometimes feel daunting for managers, especially if they are untrained in how to approach them. Providing specific training that includes examples of real-life tribunal cases can be highly effective in illustrating the importance of professional communication.

For instance, in a recent tribunal case, a manager’s dismissive and stereotypical comments about an employee’s emotional state led to compensation being awarded for injury to feelings. This highlights how poor communication not only damages employee relationships but also exposes the business to significant financial risk.

Why it’s important to get it right

Supporting employees through pregnancy and maternity leave is more than a legal obligation – it’s a crucial part of fostering a positive workplace culture. Employees who feel supported are more likely to remain loyal to the organisation, reducing staff turnover and improving morale.

A proactive and empathetic approach can help businesses avoid costly disputes and maintain their reputation. With maternity discrimination claims increasingly in the spotlight, it has never been more important for employers to ensure they have the right policies, training, and systems in place.