An employer is entitled to suspend an employee who is either pregnant, has recently given birth or is breastfeeding in the following circumstances.
1. Health and Safety reasons, for example the employee's job involves working with chemicals.
2. The employee normally works on a night shift.
The employer can only suspend the employee, the employer cannot dismiss the employee as this would be connected with her pregnancy and so automatically unfair.
However, before the employee is suspended the employer must consider alternative work for the employee. If the employer fails to offer alternative work where it is available the employee can complain to an Employment Tribunal.
However, the complaint must be made within 3 months of the suspension.
The employee must be suspended on full pay, with all the perks or benefits of the job.
However, she will not be entitled to full pay if she has unreasonably refused a suitable offer of alternative work from the employer.
