This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Maternity discrimination in employment law explained under UK law. Covers Equality Act 2010 protections, tribunal claims, return-to-work rights, redundancy rules, and compensation in England and Wales.
Maternity discrimination in employment law occurs when an employee is treated unfairly because they are on maternity leave or have recently returned from it. In England and Wales, these rights are protected under the Equality Act 2010, which makes it unlawful for employers to disadvantage employees due to maternity status.
Maternity discrimination is closely linked to pregnancy discrimination but applies specifically to the period of maternity leave and return to work. It covers recruitment decisions, pay, promotion, working conditions, redundancy selection, and dismissal. Employment tribunals can award compensation where unlawful treatment is proven, and awards are not capped.
Legal Framework: Equality Act 2010
Under the Equality Act 2010, maternity discrimination is treated as a protected characteristic. Protection applies during:
- Ordinary maternity leave (first 26 weeks)
- Additional maternity leave (up to 52 weeks total)
- The return-to-work period in certain circumstances
The law prohibits:
- Unfavourable treatment because of maternity leave
- Dismissal linked to maternity leave
- Exclusion from opportunities due to maternity status
- Victimisation for asserting maternity rights
These protections apply to employees and workers across all sectors in England and Wales.
What Counts as Maternity Discrimination
Maternity discrimination occurs when decisions or treatment are influenced by an employee's maternity leave status rather than objective job-related factors.
Unfavourable treatment during maternity leave
Employers must not disadvantage employees because they are on maternity leave.
Examples include:
- Removing responsibilities without agreement
- Excluding employees from important workplace decisions
- Denying promotion opportunities due to absence
- Reducing bonuses or benefits without lawful justification
Return-to-work discrimination
Employees returning from maternity leave have strong legal protection.
Examples include:
- Offering a lower-grade role than the original position
- Failing to reinstate the employee to their previous job
- Penalising career progression due to time on maternity leave
- Reducing pay or status after return
Employees are generally entitled to return to the same job or, in limited circumstances, a suitable equivalent role.
Redundancy-related maternity discrimination
Maternity leave does not remove redundancy protection. In fact, employees on maternity leave often receive enhanced protection.
Examples include:
- Selecting employees for redundancy because they are on maternity leave
- Failing to offer suitable alternative roles in a redundancy situation
- Applying selection criteria that disadvantage maternity leave absences
Where redundancy occurs, employers must consider suitable alternative employment before others.
Pay and benefits discrimination
Employees on maternity leave retain certain contractual rights.
Examples of unlawful treatment include:
- Excluding employees from pay reviews due to maternity leave
- Withholding bonuses without objective justification
- Reducing benefits because of absence on maternity leave
Legal Rights During Maternity Leave
Employees on maternity leave are entitled to:
Employment continuity
Employment continues during maternity leave for statutory purposes, preserving service length and certain contractual rights.
Protection from dismissal
Dismissal is unlawful if the reason relates to maternity leave. However, dismissal may still be lawful in limited circumstances unrelated to maternity, such as genuine redundancy with proper process.
Return to work rights
- Return to the same job after ordinary maternity leave
- Return to the same or suitable alternative role after additional maternity leave if necessary
Legal Test Used by Employment Tribunals
Employment tribunals assess maternity discrimination claims using clear statutory principles.
Key test
The tribunal considers:
- Was the employee on maternity leave?
- Did the employee suffer unfavourable treatment?
- Was the treatment because of maternity leave?
If these conditions are met, the treatment is generally unlawful.
No comparator requirement
Unlike most discrimination claims, employees do not need to show how a comparator was treated.
Strict liability approach
Maternity discrimination is treated strictly, meaning justification is rarely relevant where unfavourable treatment is established.
Evidence in Maternity Discrimination Claims
Common forms of evidence include:
- Emails referencing maternity leave
- HR records and return-to-work documentation
- Pay slips and bonus records
- Redundancy selection criteria
- Witness statements
- Timeline of events before and after maternity leave
Tribunals often place weight on timing, particularly if adverse treatment follows maternity leave disclosure or return.
Bringing a Claim to an Employment Tribunal
Step 1: ACAS Early Conciliation
Before submitting a claim, individuals must contact ACAS and attempt Early Conciliation.
Step 2: Filing the claim
If unresolved, a claim is submitted to the employment tribunal outlining the allegations of maternity discrimination.
Step 3: Tribunal process
The process may include:
Time Limits for Claims
The standard time limit is:
- 3 months less one day from the discriminatory act
Where discrimination is ongoing, tribunals may treat it as part of a continuing course of conduct.
Remedies and Compensation
If maternity discrimination is proven, tribunals may award:
Financial compensation
- Lost earnings (past and future)
- Loss of benefits and pension contributions
- Other financial losses arising from discrimination
Injury to feelings
Compensation for emotional distress caused by unfair treatment.
Aggravated damages (rare)
Awarded in cases involving particularly serious or humiliating conduct.
There is no upper limit on discrimination compensation.
Common Examples of Maternity Discrimination
- Being demoted after returning from maternity leave
- Being excluded from promotion opportunities during leave
- Losing bonus entitlement due to maternity absence
- Being replaced permanently without proper process
- Being treated unfavourably in redundancy selection
- Being ignored for training or development opportunities
Employer Responsibilities
Employers must:
- Ensure employees return to their correct role after maternity leave
- Maintain fair pay and benefits structures
- Avoid penalising maternity-related absence
- Use fair and objective redundancy selection processes
- Keep communication open during maternity leave
- Train managers on maternity rights and discrimination law
Failure to comply can result in significant legal exposure.
Common Questions from our Readers
Can an employer dismiss someone on maternity leave?
Only in limited circumstances unrelated to maternity, such as genuine redundancy, and only following fair procedures.
Is maternity discrimination always unlawful?
Yes. Unfavourable treatment because of maternity leave is unlawful under the Equality Act 2010.
Do employees have to be replaced during maternity leave?
Yes, but replacement must not result in permanent loss of the employee's role unless lawful redundancy applies.
Can bonuses be withheld during maternity leave?
Only in limited circumstances depending on the nature of the bonus and contractual terms.
Key Takeaways
Maternity discrimination in employment law is prohibited under the Equality Act 2010 and protects employees during maternity leave and on return to work. It includes unfavourable treatment in pay, promotion, redundancy, and working conditions. Employment tribunals apply strict protections, often without requiring a comparator, and compensation is uncapped. Employers must ensure fair treatment and proper reinstatement following maternity leave.
