Managing Pregnancy and Maternity Rights for Employees on Fixed‑Term Contracts

By Jill Sutherland

HR professionals play a critical role in ensuring that employees on fixed‑term contracts receive fair and lawful treatment during pregnancy and maternity leave. Under UK employment law, pregnant employees and those on maternity leave are protected not only by the specific regulations governing fixed‑term contracts but also by the wider framework of pregnancy and maternity discrimination legislation. This means that, in most circumstances, fixed‑term employees are entitled to the same rights and protections as permanent staff.

The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 require employers to treat fixed‑term employees no less favourably than comparable permanent employees, including in relation to contractual terms, working conditions and maternity‑related benefits. At the same time, the Equality Act 2010 makes discrimination on the grounds of pregnancy and maternity unlawful for all employees, regardless of contract type. Statutory maternity leave, statutory maternity pay (SMP), and access to shared parental leave also apply equally to fixed‑term workers who meet the qualifying criteria.

For HR teams, this means understanding how these overlapping rights work in practice and being aware of the specific challenges that may arise when managing fixed‑term staff who are pregnant or on maternity leave. This guide outlines the key legal obligations, practical considerations, and best‑practice approaches to help employers navigate these situations confidently and compliantly.

In this guide, learn about:

• Recruitment
• Contractual terms and statutory rights during pregnancy and maternity leave
• Statutory maternity leave
• Statutory maternity pay
• Expiry of the contract during maternity leave
• The reason for dismissal
• Redundancy

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