Employee Pregnancy & Maternity Discrimination Advice

Pregnancy discrimination at work is where you are treated unfavourably on the grounds of your pregnancy or pregnancy-related illness during the protected period from conception to the end of statutory maternity leave. Discrimination based on pregnancy in the workplace is unlawful under the Equality Act 2010, which also prohibits maternity discrimination.

Maternity discrimination is where you are treated unfavourably by your employer as a result of your maternity leave, or request for maternity leave. This is unlawful under the Equality Act 2010 which also covers pregnancy discrimination.

The protected period in relation to a woman’s maternity leave starts when the pregnancy begins. Where you have the right to ordinary and additional maternity leave, it ends on completion of your maternity leave, or when you return to work, if that is earlier. If you do not have that right, the protected period finishes at the end of the second week after the pregnancy ends.

If you believe you have been discriminated against due to your pregnancy, maternity leave or request for maternity leave, you should consult a specialist pregnancy and maternity discrimination lawyer.

Pregnancy discrimination at work examples

Unlike other forms of discrimination in the workplace, there is only one specific form of discrimination in pregnancy at work. This is direct discrimination which is defined as someone discriminating against you, in the protected period, in relation to your pregnancy, or treating you unfavourably because of your pregnancy or any illness you suffer because of it.

There are no specific definitions of indirect victimisation and harassment on the grounds of pregnancy. Please refer to our sex discrimination in the workplace page for further guidance.

There are different forms of maternity discrimination, which occurs where you are treated unfavourably because:

• You are on compulsory maternity leave
• You are exercising or seeking to exercise, or has exercised or sought to exercise, the right to maternity leave

In addition, pregnant women and women who have given birth have a number of rights on maternity leave including the right to one year’s statutory maternity leave (regardless of length of service), maternity pay and the right to the same terms and conditions including pay rises, promotion and bonuses.

It is also automatically unfair to dismiss or select for redundancy a woman where the principal reason is connected to her maternity leave (this includes non-renewal of a fixed-term contract).

Since 6 April 2024, protection from redundancy has been extended to pregnant employees and those returning from maternity leave. As well as having protection from redundancy during the statutory maternity leave period, this  protection now applies during pregnancy from the date you notify your employer. For maternity leave, it now ends 18 months after childbirth.

For example, if you take the full 52 week’s maternity leave, you are protected for an extra 6 months on returning from maternity leave. The redundancy protection does not stop you from being selected, but it means you have priority over other employees if a suitable alternative role is  available. This is intended to give further protection against redundancy. and is an important right to make clear to your employer if you are put at risk of redundancy.

How we help employees challenge pregnancy and maternity discrimination at work

If you are an employee, worker or under a contract to personally carry out work and believe you have suffered pregnancy or maternity discrimination at work with regards to redundancy, Settlement Agreements, training, promotion or any other employment issue, we can help. Our expert pregnancy and maternity discrimination solicitors have experience of successfully bringing a wide range of pregnancy and maternity discrimination cases. This includes bringing claims under pregnancy and maternity discrimination law on behalf of women who have been made redundant while pregnant, after their employer has found out they are pregnant or those who have faced redundancy when on maternity leave.

Where the situation cannot be satisfactorily resolved using a grievance process – or you have been unfairly dismissed – we can represent you at an Employment Tribunal.

Contact us today on 01273 609911, or email info@ms-solicitors.co.uk to find out more.