Maternity Leave & SMP Employer Compliance Check

Every pregnant employee in Great Britain is entitled to up to 52 weeks of Statutory Maternity Leave from day one of employment under Part VIII of the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999, regardless of length of service. Employees with 26 weeks’ continuous service by the 15th week before the expected week of childbirth, and average weekly earnings at or above the Lower Earnings Limit, are also entitled to up to 39 weeks of Statutory Maternity Pay under Part XII of the Social Security Contributions and Benefits Act 1992. Employers must also carry out a risk assessment for new and expectant mothers under regulation 16 of the Management of Health and Safety at Work Regulations 1999, give paid time off for antenatal care under section 55 of the 1996 Act, and keep terms and conditions (other than pay) running throughout leave.

Getting this wrong is costly. Treating a woman unfavourably because of pregnancy or maternity leave is automatic discrimination under section 18 of the Equality Act 2010, with uncapped compensation, and dismissing her for a pregnancy-related reason is automatically unfair under section 99 of the 1996 Act with no qualifying service needed. Since 6 April 2024, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extends priority for suitable alternative vacancies in a redundancy to cover pregnancy and the 18 months after birth. Employers can usually recover 92% of SMP paid (103% for small employers qualifying for Small Employers’ Relief) through their PAYE submissions, so failing to claim it also leaves money on the table.

Use this free maternity leave and SMP check to see whether your business is meeting its legal duties to pregnant employees and new mothers, and what to fix before it becomes a tribunal claim.