Martin Brewer, is a Partner with the employment team of Mills & Reeve

Unfortunately you are in a difficult position with this. The fact is that you have an employee who will be taking maternity leave and she has rights under the relevant rule to leave and pay. The fact that she was employed as maternity leave cover herself is irrelevant.

There’s no practical advice to give in these circumstances as the legal position is so clear. If you treat this individual to her detriment she will have a claim for sex discrimination which you will not be able to defend.

Martin can be contacted at: martin.brewer@mills-reeve.com

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