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Thursday, 4 October 2023

Employment

Agency workers: pregnant workers and new mothers

Pregnant agency workers and new mothers already have some employment rights. New rights from 1 October 2023 give you further protection to ensure you are not discriminated against because of your pregnancy. Find out what they are.

Existing protections

There are already existing provisions to protect you. These apply to:

  • pregnant workers
  • women who have given birth in the last six months
  • women who are breastfeeding

You will first need to tell the agency about your pregnancy and write to the hirer where you are working.

What happens if there is a risk to your health?

If the hirer identifies a risk, they will need to make an adjustment if it is reasonable. If it is not reasonable then your agency should offer you suitable alternative work if available. You should be paid at least the same rate until the end of the assignment.

You will not be eligible if you have unreasonably refused suitable work. If there is no suitable work the agency is required to pay you at the same rate for the duration of the terminated assignment. If the end date is not known, the agency must pay you for what would have been the likely duration of the terminated assignment.

Antenatal appointments

If you are a pregnant agency worker on an assignment after completing the 12 week qualifying period you are allowed paid time off to attend:

  • antenatal medical appointments
  • antenatal classes

If you need to take time off for antenatal appointments you will continue to be paid at the usual hourly rate after 12 weeks in the same job. This includes the duration of the appointment and time taken to travel to the appointment and back if it is during your normal working hours.

Try to avoid taking time off work where you can reasonably arrange classes or examinations outside working hours.

Examples of discrimination

It would be discrimination if on the grounds of your pregnancy:

  • an agency refused to place you in an assignment
  • a hirer refused to accept you
  • an assignment was terminated

It may be indirect discrimination if an agency:

  • refuses to accept you on its books
  • offers only very short assignments while offering longer assignments to other agency workers

It may be discrimination in certain circumstances where a hirer won’t let you return to your temporary post following an absence due to maternity.

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