It is automatically unfair (at any time) to dismiss an employee or to select her for redundancy when the reason or principal reason for the dismissal (or selection for redundancy) is connected to her pregnancy or the fact that she has availed herself of the benefits of statutory maternity leave.
(This latter rule only applies where the termination brings the OML or AML to an end). In practice, she may also have a claim for pregnancy and maternity discrimination in such situations.
Even if the reason for dismissal is not connected to her pregnancy, childbirth or statutory maternity leave, the employee may still have an ordinary claim for unfair dismissal.
A pregnant woman is protected against being subjected to a detriment (at any time) for a reason connected to her pregnancy or statutory maternity leave. She is also protected from detriment during OML or AML for a reason connected to the fact that she has given birth.
