Can I sack a pregnant employee?

Written by Kevin Murphy
28 January, 2022
Pregnant employee

Can I sack a pregnant employee?

The simple answer is, yes. 

 

There is a strong misconception that you are unable to sack an employee who is pregnant but you are in fact entitled to dismiss as long as you are not sacking them because of the pregnancy or reasons related to it, the dismissal must only relate to misconduct. 

 

For example, a pregnant employee in a care home failed to administer end-of-life drugs to a resident and took the drugs home. She then returned to the care home, disposed of them incorrectly, and lied about what had happened. 

 

In this case, regardless of the employee being pregnant, this amounted to gross misconduct, and the employee was dismissed. When carrying out any dismissal, all employers must follow a fair procedure and have it carried out in a fairway. 

 

The Labour Party has included a proposal to prevent any person who is pregnant from being dismissed in their manifesto.  They have not clarified if any exceptions would apply.

Watch our case study video below to find out more! 

Pregnant employees rights

Pregnant employees do get enhanced protections and rights in some cases which employers should be aware of.

The Equality Act 2010 outlaws discrimination against employees because of the “protected characteristic” of pregnancy and maternity.  You cannot treat a person less favourably, including dismissal, because of their pregnancy or maternity.

pregnant lady

The Employmant Rights Act 1996

The Employment Rights Act 1996 outlines the right to; paid time off for antenatal appointments; time off for antenatal appointments; maternity leave and pay and the right to discrimination protection. 

 

Where an employee on maternity leave has been selected for redundancy they have enhanced protection.  Employers must offer such employees any suitable, alternative rules before offering them to anyone else.

 

Pregnancy does not provide employees with a shield, it does not automatically protect them from disciplinary or dismissal.  Employers should exercise caution and always take advice when dealing with any employee with a protected characteristic.

Employment Law Solutions can help

If you have a question you would like answered, our lawyers are here to help. Email us your question and we’ll love to get back to you. 

 

Employment Law Solutions offer Employment Law advice and can cure your HR headaches. By offering a monthly retainer service you are able to benefit from legal advice and employment contract reviews 24/7, 365 days, all while spreading the cost over 12 monthly payments.

Newsletter sign up

Hidden

Next Steps: Sync an Email Add-On

To get the most out of your form, we suggest that you sync this form with an email add-on. To learn more about your email add-on options, visit the following page (https://www.gravityforms.com/the-8-best-email-plugins-for-wordpress-in-2020/). Important: Delete this tip before you publish the form.
Name(Required)
Privacy(Required)

Follow Us

Stay up to date with our latest news and advice from the team on social media

Download our HR How to Guides

Annual leave, Sunday working, group redundancy, stand-alone redundancy and disciplinary – we have some great tips in our resource pack.

Related Articles

An employer’s guide to the work Christmas party

An employer’s guide to the work Christmas party

When considering the work christmas party it would be easy to fall into a spiral of rulemaking and declaring fun absorbing dictats of course, not to control the fun or quell the festive spirit, but rather to try and prevent any HR headaches throughout the festivities and into the New Year to ensure everyone has a good time.