UK Family Right · 2026
What are my rights when returning from maternity leave?
Statutory rights
Employment Rights Act 1996 — section on legislation.gov.uk">ERA 1996 s.71-75 (right to return); Maternity and Parental Leave Regulations 1999 reg. 18-19; Maternity and Parental Leave etc. (Amendment) Regulations 2024 (extended redundancy protection); Equality Act 2010 — section on legislation.gov.uk">Equality Act 2010 s.18; Flexible Working Regulations (day-one right since April 2024).
How to exercise this right
1) Plan return at least 8 weeks before. Confirm date in writing with employer. 2) Request reasonable adjustments if needed (gradual return, flexible hours, breastfeeding facilities). 3) Make any flexible working request at this stage — strongest leverage point. 4) On return: confirm role, scope, salary match pre-leave terms. 5) If role has been changed: raise formal concern citing s.71 ERA + (if relevant) s.18 EqA. 6) For redundancy at risk during 18-month protection: explicitly cite the 2024 regulations and request priority on alternative roles. 7) Use Keeping In Touch (KIT) days (up to 10, paid) to maintain visibility during leave.
Employer obligations
Preserve role, scope, pay, and benefits; treat returning maternity leavers no less favourably; consider promotions and training they would have qualified for; offer suitable alternative roles in priority during the 18-month redundancy protection window; communicate restructures during leave; handle flexible working requests under the Flexible Working Regulations.
If your employer refuses
If the role/pay/scope has been reduced on return: pregnancy/maternity discrimination under EqA 2010 s.18, and breach of Employment Rights Act 1996 — section on legislation.gov.uk">ERA 1996 s.71. Compensation uncapped. ACAS conciliation within 3 months less 1 day, then tribunal. For redundancy in the 18-month window, automatic unfair dismissal under ERA s.99 and breach of 2024 Regulations.
Worked example
Priya returned after 12 months. Her old line manager was leaving and her role was being 'merged' with a junior position. She raised in writing citing ERA s.71 and EqA s.18, pointing out she had right to her substantive role on return (Additional Maternity Leave gives 'same OR similar' but the changed role was clearly less favourable). Negotiation outcome: she retained her senior title, scope, and reporting line plus a £4,000 pay rise to compensate for missed annual review during leave.
Recruiter pro tip
The April 2024 18-month redundancy protection is one of the strongest UK family rights and most underused. If you've returned from maternity leave and there's any restructure within 18 months of your child's birth, you have absolute priority for suitable alternative employment over other at-risk colleagues. Many HR teams haven't updated processes for this. Reference the 2024 Regulations explicitly in any consultation — it changes the calculus dramatically in your favour.
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